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Emerging Litigation Podcast

FTC Warns Law Firms: Rethink Your Diversity Collaborations — Listen Now!

The FTC has warned dozens of major U.S. law firms that participation in diversity certification programs could raise antitrust concerns. This episode examines the agency’s cautionary letters regarding the Mansfield Certification program, the potential for coordinated diversity efforts to be viewed as labor-market collusion, and the broader regulatory pressure facing law firms and media organizations. It also explores recent court decisions, executive branch enforcement trends, and the growing intersection of antitrust law, free speech, and diversity initiatives. As scrutiny intensifies, firms must navigate evolving legal risks while maintaining independence and competitive integrity.

Cannabis Laws & Workplace Drug Testing: What Employers & Employees MUST Know in 2026

As cannabis laws continue to evolve nationwide, employers and employees are facing new questions about drug testing, workplace safety, and legal compliance. In this episode, labor and employment attorney Keya Denner of Constangy, Brooks, Smith & Prophete explains how changing cannabis policies intersect with the ADA, privacy rights, and fitness-for-duty requirements. The discussion covers documentation best practices, reasonable accommodation, and how legal drug use affects workplace policies. Essential listening for HR professionals, business leaders, and anyone navigating substance use, safety obligations, and employment law in a rapidly shifting legal landscape.

January 28th, 2026|Tags: , |
An Innovative New Law Firm Self-Ranking Tool with Molly Huie and Sara Lord — Listen Now!

What if law firms could measure success using more than just headcount and revenue? In this episode, Molly Huie of Bloomberg Industry Group joins data strategist Sara Lord of Reed Smith to discuss Bloomberg’s innovative Leading Law Firms self-ranking tool. The program blends financial strength, talent, innovation, growth, and excellence metrics into an interactive platform that helps firms benchmark performance in a more meaningful way. The conversation explores how the tool benefits business development leaders, managing partners, and firms of all sizes seeking data-driven insights.

January 27th, 2026|Tags: , |

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Critical Legal Content was founded by Tom Hagy, former Editor & Publisher of Mealey’s Litigation Reports and VP at LexisNexis, founder of HB, current litigation podcaster and editor-in-chief. CLC’s mission is to help smaller firms and service providers not only create content — blogs, articles, papers, webinars, podcasts (like the stuff on this site) — but also to get it out there. How? Via social media, this website, your website, and potential via our podcast and journal which we publish in collaboration with vLex Fastcase and Law Street Media. The goal is to attract readers and dizzy them with your brilliance.

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Emerging Litigation Journal

From AI Principles to Proof: What DOJ Scrutiny Means for Corporate Governance

In this article, Tom Hagy and Reed Smith partner Adria Perez examine how the Department of Justice’s new AI Litigation Task Force is shifting corporate expectations from AI principles to proof. Drawing on insights from The Emerging Litigation Podcast, they discuss how regulators now expect companies to demonstrate real oversight, documented controls, and defensible governance as AI becomes embedded in compliance, investigations, and corporate decision-making.

SCOTUS Rejects Contractor Immunity Sought by Prison Company

In a unanimous decision, the Supreme Court held in The GEO Group, Inc. v. Menocal that private government contractors cannot claim “derivative sovereign immunity” to avoid suit. Writing for the Court, Justice Kagan clarified that the Yearsley doctrine provides only a defense to liability—not immunity from litigation—and never shields unlawful conduct. The ruling ensures that claims alleging forced labor at a privately operated immigration detention facility will proceed on the merits and reinforces that sovereign immunity belongs to the government alone.

DOJ’s AI Litigation Task Force and What It Signals for Corporate AI Governance with Adria Perez

In this episode, host Tom Hagy speaks with Reed Smith partner Adria Perez about the DOJ’s AI Litigation Task Force and what it signals for corporate AI governance. They examine how regulators are shifting from high-level AI principles to demanding documented controls, audit trails, and defensible oversight—and what legal departments must do to meet rising enforcement and board-level expectations.

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Cyber and Privacy Risk and Insurance in 2025: Part I—”the Basics” 

Join leading experts Joshua Gold and Luma Al-Shibib of Anderson Kill, P.C., and Miranda Jannuzzi of Aon for Cyber and Privacy Risk and Insurance in 2025: Part I—"The Basics”, a foundational CLE webinar that explores the evolving cyber threat landscape and how insurance can (or can’t) help mitigate losses. Learn about key cyberattack vectors, common pitfalls in the path to coverage, and the latest developments in privacy-related risks and insurance products. Ideal for those looking to strengthen their understanding of cyber risk and insurance fundamentals.

Generative AI & Insurance

Join Marshall Gilinsky, Shareholder at Anderson Kill; Tiago Henriques, Chief Underwriting Officer at Coalition Insurance; Colleen Murphy, Partner at Goldberg Segalla; and Marc Schein, CIC, CLS, Risk Management Consultant at Marsh McLennan Agency, for a CLE webinar exploring how generative AI is transforming the insurance industry—from underwriting to claims handling. Gain insight into emerging risks, E&O considerations, and how AI tools are reshaping policies, liability, and the future of insurance coverage.

Forever Chemicals: Insurance Recoveries for PFAS Liabilities

Take this CLE webinar and gain a better understanding of the evolving legal, regulatory, and insurance landscape surrounding PFAS ("forever chemicals") and their growing impact on businesses and insurers. We feature experienced insurance recovery attorneys Bob Horkovich and Cameron Argetsinger and environmental experts Arthur J. Clarke and Walker Prentke from J.S. Held. Take it now or when you're ready. It's on demand!

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