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  • What DEI Changes Mean for Employers Featuring Patice Holland

    As political and public scrutiny of Diversity, Equity, and Inclusion (DEI) programs grows, employment attorney Patice Holland of WoodsRogers joins the Emerging Litigation Podcast to explain how employers—especially federal contractors—can reassess DEI initiatives while staying compliant with discrimination laws, navigating shifting enforcement priorities, and managing legal, operational, and reputational risk. Tune in now!

  • Arson Investigations: Best Practices for Establishing Fraud and Avoiding Bad Faith

    Arson-related insurance claims are rising—and so are the risks for insurers who don’t investigate thoroughly and by the book. Guest contributor Melissa A. Segel breaks down how carriers can use modern tools, smart strategy, and legal precision to uncover fraud while steering clear of costly bad faith pitfalls. A must-read for anyone navigating the intersection of fire science and insurance law.

  • Facing PFAS lawsuit, Apple claims watch bands are safe, but what does the evidence say?

    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.

  • AI tool that summarizes evidence from cracked phones wades into uncharted constitutional waters

    As law enforcement agencies adopt cutting-edge AI to process digital evidence, constitutional questions are quickly coming into focus. Guest contributor Justin Ward explores how Cellebrite’s new AI-driven tool—capable of scanning and summarizing entire phone contents—may clash with Fourth Amendment protections. While the tech promises efficiency, civil rights advocates argue it opens the door to warrantless digital dragnets, with court interpretations varying widely across jurisdictions.

  • Valid Antitrust Concerns or Partisan Objectives: Which Will Guide Trump’s FTC?  

    Concerned that the spirit of retribution that drove executive orders against some of the nation's largest law firms will carry over to business deals, Tom Hagy writes about recent changes at the Federal Trade Commission and some of the comments from the new chair that suggest infusion of retribution into the process of examining business deals is inevitable.

  • AI tools may be the cause of the explosion in nuclear verdicts — and also the solution

    Guest contributor Justin Ward discusses how artificial intelligence is both fueling and fighting the rise of “nuclear verdicts.” Plaintiff attorneys are using AI to identify high-damages cases, favorable jurisdictions, and winning arguments—driving a spike in verdicts over $10 million. At the same time, defense lawyers and insurers are adopting tools like NaVeL to spot high-risk cases early and craft smarter strategies. As AI reshapes legal practice, the very technology accelerating massive awards may also be the best hope for containing them.

Emerging Litigation Podcast

Litigators, YES Litigators: One Attorney’s Journey Within and Without the Legal Industry

In this episode, we discuss all the things one former litigator, Somya Kaushik, Senior Corporate Counsel at Mineral and Adjunct Professor of Law at Lewis & Clark Law School has done, and the advantages she feels a litigator can bring to a small company – one that isn’t embroiled in litigation (and would like to keep it that way). As she notes, "a litigator is well-positioned to identify actual but often overlooked legal risks, effectively mitigating issues and reducing both business and legal risks". Listen and learn more!

Massive Mass Tort Settlements and Liability Forecasting

In this episode, we discuss Liability Forecasting and the role it plays in the administration of massive, sometimes multi-billion-dollar mass tort settlement trusts with guests Mark Eveland and Ed Silverman of Verus LLC, which provides litigation support services to law firms working on mass torts, such as case management and medical review services, settlement administration, business and advisory services, and analytics. Liability forecasting mechanisms were built to fairly and judiciously compensate current and future claimants for their injuries. Listen and learn more!

Navigating International Discovery

In this episode, we discuss navigating the complexities of international discovery with Ben Daniels of Robinson+Cole and the benefits of understanding jurisdictional differences and having specialized tools and strategies to cut through the complexities. As Ben notes, "if you litigate in a foreign court, discovery, as it is known in the U.S., is not going to happen. But parties often forget a powerful tool to get around those restrictions". Listen and learn more!

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Emerging Litigation Journal

The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance

Quantum computing, like artificial intelligence, is one of several emerging technologies that could either save the planet or end the world, depending on which expert is holding forth on the issue. This article explores the promise and peril of quantum computing and the potential coverage implications under cyber insurance policies. As Cameron notes, "while cyber insurance may provide some coverage for hazards that result from quantum computing, those policies may not respond to many of the risks".

Video Game or Casino? An International Examination of Loot Boxes and Gambling Regulations

The author, Darius Gambino of Saul Ewing LLP examines the legal and regulatory challenges surrounding loot boxes in video games, highlighting the risks of litigation, government scrutiny, and the need for industry self-regulation.

FTC v. Amazon: Market Definitions and Section 5 of the FTC Act

Traditional antitrust economics face significant challenges grappling with the relatively new digital economy. The author, Jonathan Rubin examines these and other issues raised in the case of FTC v. Amazon, which he anticipates will be a crucial test for antitrust and the FTC Act.

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