Loading...
  • 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.

  • CEO Depositions and the Apex Doctrine with Rachel Lary

    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.

  • people standing at a window overlooking a city

    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.

  • Sexual Abuse & Insurance

    Join Marshall Gilinsky and John Lacey of Anderson Kill, along with Brian Della Torre of ARMR, for a CLE webinar focused on navigating sexual abuse claims through insurance recovery. Learn how to locate and leverage historic liability policies, understand allocation and occurrence issues, and overcome common insurer defenses. Discover how institutions can access valuable coverage through strategic claims, litigation tactics, and insurance archaeology.

  • Apple Watch band PFAS lawsuit highlights health and safety concerns

    Class action alleges Ziploc misled consumers about harmful microplastics in its products

    Amid rising concerns about toxic chemicals in consumer products, Apple finds itself under scrutiny. Guest contributor Justin Ward examines the controversy surrounding Apple’s smartwatch bands after researchers detected elevated levels of PFAS, or “forever chemicals.” While Apple insists its products are safe, a class action lawsuit alleges deceptive marketing and health risks, raising broader questions about accountability and chemical transparency in tech and apparel.

Emerging Litigation Podcast

Automation Comes to Our Litigation Nation with James Lee

In this episode, we discuss litigation automation and another case in which innovators are using artificial intelligence to transform legal operations with guest James M. Lee, co-founder and CEO of LegalMation. Listen and learn more!

Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles

In this episode, Sara Lord of Legal Metrics speaks with Gary Miles, success coach and former litigator. about the professional dissatisfaction litigators experience when the pursuit of fulfillment clashes with high-stress demands, and practical strategies for managing anxiety and embracing mindfulness. Listen and learn.

Litigation Prognostication with Dan Rabinowitz

In this episode, Dan Rabinowitz, Co-Founder and CEO of Pre/Dicta, discusses how the power of technology will make predicting litigation as commonplace as predicting the weather. He also shares insights into a study Pre/Dicta conducted that tested assumptions about judges based on their political affiliations. Listen and learn!

A Shameless Plug for Our Content Services

Your content marketing is everything you’ve ever dreamed of. Right?

White Label Critical Legal Content for your organizationSara is marketing director at a boutique law firm. When we asked her how their blog was going, she made a sad face. But then, we made Sara smile.*

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.

*Inspired by actual events.

Create content like a real legal publisher.

Emerging Litigation Journal

Mexico Bans Imports of Foreign Textiles: Does My Insurance Policy Cover That?

Diana Gliedman, Dennis Nolan, and Fiona Hogan examine the impact of Mexico’s recent presidential decree banning certain foreign textile imports through the IMMEX program and increasing tariffs on textile products. The ban has disrupted operations for textile companies and third-party logistics providers, leading to unexpected costs, rerouting challenges, and supply chain delays. The authors outline how businesses may find relief through insurance policies such as Supply Chain Insurance, Business Interruption, Contingent Business Interruption, and Marine Cargo/Stock Throughput Insurance. They emphasize the need for swift action to review coverage, notify insurers, and document losses to maximize potential claims.

Trump’s rollback of draft PFAS regulation means uncertain future for ‘forever chemicals’ torts

With federal PFAS regulations in limbo, lawsuits targeting “forever chemicals” are expanding—what does this mean for businesses and consumers? Justin Ward examines the uncertain future of PFAS (“forever chemicals”) regulation and litigation after former President Trump rolled back a draft rule expanding Biden-era guidelines. The rising PFAS lawsuits are increasingly targeting consumer product manufacturers alongside chemical companies. Despite concerns over deregulation, several states have enacted their own strict PFAS rules, ensuring continued legal challenges and regulatory pressure. Read our report by guest contributor Justin Ward.

California’s climate disclosure laws withstand initial US Chamber of Commerce challenge

California’s groundbreaking climate disclosure laws just overcame a major legal challenge—what does this mean for businesses and the future of corporate transparency? Writer Justin Ward will fill you in.

HB Webinars on CeriFi LegalEdge

Property Insurance Coverage for Emerging Risk of Underground Climate Change 

In this CLE webinar, Anderson Kill attorneys, Dennis J. Artese, Ethan Middlebrooks, and Thomas Dupont and professional engineer, Kenneth R. Quigley discuss permutations of policy language and state law that may affect coverage for damage caused by underground climate change, including how state law treats anti-concurrent causation clauses, whether “human-caused” exceptions to earth movement exclusions may apply to underground climate change, and whether “abrupt collapse” exceptions to exclusions for building collapse may apply when undetected structural damage triggered by underground climate change triggers collapse.

PFAS Litigation: Predicted Trends Given Regulatory Changes

Every week, the PFAS litigation and regulatory landscape changes dramatically. The EPA presses forward full steam ahead with numerous PFAS regulations, while the states have proposed hundreds of pieces of legislation related to PFAS in the last three years. Meanwhile, class action litigation, environmental pollution litigation, and greenwashing suits are being filed against companies at a dramatically increasing rate year after year. In this CLE webinar, CMBG3 Law attorney John Gardella discusses the latest on regulatory and litigation issues related to PFAS and how they will impact corporations.

The Medical Monitoring Tort Remedy

The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue. States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years. In this CLE webinar, Gentle Turner & Benson LLC attorneys Edgar (“Ed”) C. Gentle III and Katherine (“Kip”) A. Benson discuss the evolution of the medical monitoring tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.

Content Partners

Go to Top