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  • Unraveling “Reverse Discrimination” with Leah Stiegler

    What happens when workplace discrimination claims come from members of majority groups? In this episode of the Emerging Litigation Podcast, attorney Leah Stiegler of Woods Rogers unpacks the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services. The Court’s ruling—eliminating the “background circumstances rule”—marks a major shift in how discrimination cases are evaluated, reinforcing that Title VII protects everyone equally. Leah shares insights from mock jury trials, explores how geography and community values affect verdicts, and breaks down what employers should know about evolving discrimination standards.

  • Authentic Business Development for Litigators: Stop Chasing Cases and Start Building Clients with John Reed

    What if waiting for lawsuits is the worst growth strategy a litigator can have? In this episode of the Emerging Litigation Podcast, host Tom Hagy speaks with John Reed, founder of Rain BDM and host of Sticky Lawyers, about how litigators can build authentic, lasting client relationships instead of chasing the next case. John shares practical insights on defining your professional brand, using emotional intelligence in business development, and adapting your natural style—especially for introverts or those navigating remote mentorship. Whether you’re a new associate or a seasoned partner, this episode offers a roadmap for making your practice more resilient, visible, and genuinely client-centered.

  • New and Improved Antitrust Whistleblowing Incentives with Julie Bracker and Dan Mogin

    Can whistleblowers reshape antitrust enforcement the way they’ve exposed fraud in other industries? In this episode of the Emerging Litigation Podcast, host Tom Hagy talks with Julie Keeton Bracker of Bracker & Marcus and Dan Mogin of Mogin Law about the Department of Justice’s new push to encourage insider reporting in antitrust cases. They explore the history of qui tam actions, the power of the False Claims Act, and how individuals could soon play a bigger role in uncovering price-fixing, bid-rigging, and other anti-competitive schemes.

  • Resolving Business Disputes Without Burning Bridges Featuring Judge Alan Fine

    In this episode of the Emerging Litigation Podcast, retired Judge Alan Fine of Private Resolutions explores how businesses can resolve disputes without destroying valuable relationships. Drawing on decades of experience on the bench and in commercial litigation, Judge Fine explains the pros and cons of mediation, arbitration, and “private judging,” which allows parties to choose their own judge and resolve matters quickly and confidentially. He shares how aligning your dispute resolution strategy with business objectives—rather than emotions—can preserve partnerships, save time, and achieve fair results.

  • Insurance Coverage Litigation’s Modern Mayhem with Jeremy Moseley

    Insurance coverage litigation isn’t what it used to be. In this episode of the Emerging Litigation Podcast, Jeremy Moseley of Spencer Fane unpacks how automation, AI, climate change, and “social inflation” are reshaping risks and fueling high-stakes disputes. From thermonuclear verdicts to dangerous policy gaps, Jeremy offers sharp, practical insights into what insurers, policyholders, and lawyers should expect next.

  • Federal Courts Issue Contrasting Rulings on AI Training and Copyrighted Books Fair Use

    Federal courts in California just issued conflicting rulings on whether training AI models with copyrighted books qualifies as fair use. In Bartz v. Anthropic, the court protected training on lawfully purchased works but rejected the use of pirated copies. In contrast, Kadrey v. Meta allowed AI training on pirated books, calling it “highly transformative.” Tom Hagy explains that with more than 50 similar lawsuits pending, these decisions underscore the legal uncertainty facing tech companies, publishers, and creators—and could reshape the future of AI development and copyright law.

  • Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke

    What happens when artificial intelligence collides with copyright law? In this episode of the Emerging Litigation Podcast, intellectual property attorneys Ryan Phelan and Tiffany Gehrke of Marshall, Gerstein & Borun LLP unpack two landmark court decisions on fair use and AI training data. They explain why courts found AI training to be “transformative use,” how judges are treating legally obtained versus pirated data, and why algorithmic outputs could be the real battleground ahead. With deep expertise in technology and IP law, Ryan and Tiffany offer practical insights into how these rulings may shape the future of AI, copyright, and innovation.

  • Subway Surfing Suit Against Meta and TikTok: Setting the Stage for Social Media Liability

    Social media platforms are under mounting legal pressure as courts scrutinize how algorithms amplify dangerous viral trends. In Nazario v. ByteDance Ltd., a New York judge allowed a wrongful death lawsuit against Meta and TikTok to move forward after a teen died attempting a “subway surfing” stunt allegedly promoted by their platforms. In this article, Tom Hagy examines how the decision challenges long-standing Section 230 protections and signals a shift toward treating social media as potentially defective products when design and targeting harm young users. This case—and others involving viral challenges and youth safety—may redefine platform liability for years to come.

  • Climate Change Law: Tension Increases Over Governmental and Corporate Responsibility

    The world’s leaders still don’t agree on what, if anything, to do about climate change – despite mounting evidence that, as a planet, we are in the soup. A major ruling from the International Court of Justice says states have an obligation to save the planet, as the U.S. president is enthusiastically sprinting the other way, inspiring cheers from his base and jeers from scientists. As for domestic litigation designed to pin liability on the fossil fuel industry, a case in South Carolina faltered as another in Hawaii is clearing hurdles. Read the update from Tom Hagy.

Emerging Litigation Podcast

Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab

In this episode of the Emerging Litigation Podcast, you will discover the legal complexities of wildfire litigation as Ed Diab, founding partner of Diab Chambers LLP, unpacks the strategies used to establish liability against utility companies in the wake of Southern California’s devastating January 2025 wildfires. With over 100 lawsuits filed against power providers like Southern California Edison, plaintiffs—including public entities, individuals, and insurers—face an uphill battle proving negligence and inverse condemnation claims. Ed shares insights on case-building strategies, the role of expert investigations, key legal defenses raised by utilities, and the evolving litigation landscape. Tune in for a deep dive into how these high-stakes cases unfold. Don't miss this episode!

Appellate Lawyers at Trial: Don’t Wait Until Your Ox is in the Ditch with Jeff Doss

In this episode of the Emerging Litigation Podcast, you will discover how appellate counsel can strengthen trial strategy and improve post-verdict outcomes in high-stakes cases. Our guest, Jeffrey P. Doss, a partner in the White-Collar Criminal Defense & Corporate Investigations practice group at Lightfoot, Franklin & White LLC, explores their critical role in error preservation, evidentiary challenges, and navigating appeals. Don't miss this episode!

Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill

The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. In this episode, three seasoned attorneys discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. They also talk about a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact. Check out our interview with Anderson Kill attorneys Dennis Artese, Marshall Gilinsky, and Joshua Gold. They know this area of the law inside and out.

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From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick

Trial attorney and litigation consultant Elizabeth Larrick shares what more than 1,000 virtual focus groups have taught her about trial prep, from testing case narratives to refining jury selection. In this episode of the Emerging Litigation Podcast, discover how Zoom-based sessions reveal surprising insights into witness credibility, evidence presentation, and what really resonates with jurors—yes, even their take on orange socks.

DEI Programs as a Source of Liability for Law Firms and Other Businesses

Two recent cases against international law firms point to an emerging trend in litigation that could have wide-spread implications for diversity, equity, and inclusion (DEI) programs. The author, William "Billy" Jones examines these recent cases filed against the law firms for their DEI fellowships and the potential impacts for law firms and other private businesses.

Judge finds flaws in motion for an injunction against Trump’s wind turbine order

While Trump’s freeze on offshore wind permits faces legal challenge, a federal judge isn’t convinced the states bringing the case have shown enough harm. In this article, guest contributor Justin Ward explains why the motion for an injunction was denied, what it means for the broader battle over renewable energy, and how executive power could stall green infrastructure without ever breaking the law.

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Trends and Strategies in Wage & Hour Class and Collective Actions

Gain a better understanding of the Fair Labor Standards Act (FLSA) and wage and hour collective actions, get up to date on significant trends and recent key settlements in this area of law, and grasp the main considerations for conditional class certification and decertification and the key collective action rulings handed down in 2023 on a CLE webinar featuring experienced class action defense litigators Gerald L. Maatman, Jr., Jennifer A. Riley, and Greg Tsonis. Sign up today!

February 8th, 2025|Tags: , |
Resolving Litigation with AI with Jeff Trueman & John T. Sly

Join full-time mediator and arbitrator Jeff Trueman and practicing attorney John Sly for a CLE webinar focused on enhancing your understanding of how AI can assist with your work, specifically how it can be used to handle disputes more efficiently, facilitate improved decision-making, and leverage predictive capabilities to achieve optimal outcomes in dispute resolution.

Defense of Data Breach Class Actions: Key Trends, Rulings, and Settlements

Data breach class actions have emerged as one of the fastest growing areas in the complex litigation space, forcing companies to navigate evolving cybersecurity risks, negative publicity, and costly litigation as a result. Litigation was particularly notable in 2023, with a record-breaking number of filings and several high-profile cases resulting in substantial settlements. The sheer volume of individuals affected by data breaches has grown significantly, leading to larger classes and subsequently higher settlement demands. Furthermore, the nature of the data being compromised is becoming more sensitive – including financial and health information – which increases the potential damages awarded in these cases. Join experienced class action defense litigators Gerald L. Maatman, Jr. and Jennifer A. Riley for a high-level breakdown of the data breach class action landscape through analysis of key trends, rulings, and litigation strategies.

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