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Emerging Litigation Podcast

New and Improved Antitrust Whistleblowing Incentives with Julie Bracker and Dan Mogin on the Emerging Litigation Podcast

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.

October 8th, 2025|Tags: , , |
Resolving Business Disputes Without Burning Bridges Featuring Judge Alan Fine on the Emerging Litigation Podcast

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 on the Emerging Litigation Podcast

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.

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Emerging Litigation Journal

FTC Warns Law Firms About Diversity Certifications – This Time Alluding to Antitrust

The FTC has warned major U.S. law firms that participation in diversity certification programs could raise antitrust concerns, framing coordinated diversity efforts as a potential labor-market competition issue. This article examines the Commission’s cautionary letters regarding the Mansfield Certification program, the broader pattern of executive branch pressure on law firms and media organizations, and recent court decisions addressing discrimination claims and government retaliation. It also explores how antitrust enforcement, free speech concerns, and regulatory scrutiny are converging to reshape the legal and media landscapes. As political pressure and enforcement intensify, firms must reassess collaborative initiatives while preserving independence and competitive integrity.

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.

Using AI to Strengthen Law Firm Content Development – JD Supra ‘Office Hours’ with Tom Hagy

In a JD Supra Office Hours session, legal content strategist Tom Hagy shared practical guidance on how law firm marketers can use AI to strengthen — not replace — their content development process. Framing AI as an editorial assistant rather than an author, Hagy explained how marketers can use the technology to generate better ideas, improve structure, translate legal complexity for business audiences, and repurpose existing firm content more effectively. He also emphasized that human judgment remains essential for accuracy, voice, and credibility. The discussion offers a clear, practical roadmap for integrating AI into law firm marketing workflows while maintaining editorial standards and client trust.

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Class Action Defense: Key Developments on the Arbitration Front

Gain a better understanding of the key developments on the arbitration front related to class action defense, including the key U.S. Supreme Court rulings shaping the litigation landscape and the main arbitration trends to remain vigilant for on a CLE webinar featuring experienced class action defense attorneys Gerald L. Maatman, Jr. and Eden E. Anderson. Register today!

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.

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