Emerging Litigation Podcast
Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke on the Emerging Litigation Podcast
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.
CEO Depositions and the Apex Doctrine with Rachel Lary on the Emerging Litigation Podcast
Can a CEO be forced to sit for a deposition? In this episode of the Emerging Litigation Podcast, national trial lawyer Rachel M. Lary of Lightfoot, Franklin & White unpacks the Apex Doctrine—a legal standard designed to shield high-ranking executives from unnecessary depositions. Rachel explains how courts assess executive knowledge, alternative discovery options, and the growing body of case law shaping this issue across jurisdictions. A must-listen for litigators navigating discovery strategy in high-stakes cases.
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.
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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.
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.
Agentic AI on Trial: You Be The Judge Part 1 – Medical Diagnostics | Featuring An AI Expert, a Google Cloud Exec, and a Florida Circuit Judge
When autonomous AI systems make life-and-death decisions, who is responsible when something goes wrong? In Part 1 of the Agentic AI on Trial series, Galina Datskovsky, PhD, Marina Kaganovich, and Hon. Lisa Walsh examine a hypothetical agentic AI mammography triage system designed to operate with minimal human oversight. The panel explores accountability across developers, hospitals, clinicians, and data providers—and whether new standards of care are emerging for machine decision-making. A must-listen for health tech, compliance, and healthcare operations professionals navigating the legal and operational risks of autonomous AI.
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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.
Copyrightability of AI Generated Work
Take this webinar featuring Perkins Coie LLP attorneys Lisa Ortiz and Sean West to gain a better understanding of the challenge of determining human authorship in AI-generated works, the guidance and disclosure rules established by the Copyright Office, the importance of addressing copyright ownership and usage rights in AI-related license agreements, and the implications of joint ownership of AI models and output. Learn about the categories of work in which AI is being applied in the practice of law, e.g., legal research, document drafting, deposition preparation, and discovery review. Understand the various risks associated with AI, e.g., biased and inaccurate outputs, unauthorized disclosures of private data, and intellectual property infringement. Get an overview of governmental regulation and guidance. Finally, start your journey to develop best practices in establishing AI governance teams and processes with an eye toward complying with regulations and mitigating risk. Check it out!
AI Survival Guide: Best Practices to Mitigate AI Litigation Risk
Organizations using artificial intelligence-based technologies that perform facial recognition or other facial analysis, website advertising, profiling, automated decision making, educational operations, clinical medicine, generative AI, and more, increasingly face the risk of being targeted by class action lawsuits and government enforcement actions alleging that they improperly obtained, disclosed, and misused personal data of website visitors, employees, customers, students, patients, and others, or that they infringed copyrights, fixed prices, and more. These disputes often seek millions or billions of dollars against businesses of all sizes. This webinar identifies recent trends in such varied but similar AI litigation, draws common threads, and discusses best practices that corporate counsel should consider to mitigate AI litigation risk. Our excellent speakers are Jerry Maatman and Justin Donoho of Duane Morris.
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