Shows
Emerging Litigation PodcastCannabis Laws & Workplace Drug Testing: What Employers & Employees MUST Know in 2026With 46 million Americans facing substance use disorders and cannabis laws evolving across all 50 states, workplace drug policies have become a critical challenge for employers and employees alike. Employment law expert Keya Denner from Constangy, Brooks, Smith & Prophete joins Tom Hagy on the Emerging Litigation Podcast to break down what you need to know about cannabis, drug testing, and workplace safety in 2024.WHAT YOU'LL LEARN:- How state cannabis laws are reshaping workplace drug testing policies- Balancing employee privacy rights with workplace safety obligations- ADA compliance and reasonable accommodation for substance use...
2026-01-0541 minEmerging Litigation PodcastUnraveling "Reverse Discrimination" with Leah StieglerWhat happens when the traditional understanding of workplace discrimination is turned on its head? Will the Supreme Court's unanimous ruling in Ames v. Ohio Department of Youth Services change how discrimination cases are evaluated when brought by members of majority groups?Attorney Leah Stiegler of Woods Rogers joins us to examine this decision that rejected the "background circumstances rule" -- a standard that previously imposed a heightened evidentiary burden on white, heterosexual, or male plaintiffs claiming discrimination. As Leah explains, "There's no such thing as reverse discrimination. It's just discrimination." This...
2025-10-1039 minEmerging Litigation PodcastAuthentic Business Development for Litigators: Stop Chasing Cases and Start Building Clients with John ReedWaiting for lawsuits to present themselves is the worst growth strategy a litigator can have. In this episode, I get to speak with John Reed, founder and chief relationship builder at Rain BDM and host of Sticky Lawyers, to rethink business development from the ground up. His most popular episodes was about Bob Mionske, an Olympic road racing cyclist turned "bicycle lawyer." Give it a listen. With a background spanning law, marketing, and sales, John helps attorneys translate the language of business development into practical strategies that work even wi...
2025-10-1048 minEmerging Litigation PodcastNew and Improved Antitrust Whistleblowing Incentives with Julie Bracker and Dan MoginWhat if business insiders could accelerate antitrust enforcement as they have done with other corporate misconduct, like fraud? That’s exactly what the Department of Justice is hoping for.In this special episode* of the Emerging Litigation Podcast, I’m joined by Julie Keeton Bracker of Bracker & Marcus and Dan Mogin of Mogin Law to dig into a new program designed to motivate antitrust whistleblowers.They trace the roots of qui tam cases—laws that let private citizens, called relators, bring suits on behalf of the government—and why...
2025-10-041h 04Emerging Litigation PodcastResolving Business Disputes Without Burning Bridges Featuring Judge Alan FineWhen it comes to business disputes -- despite the urge by some litigants to want to defeat the other side (even destroy them) -- the relationship between parties can be more valuable and lucrative than "winning" the conflict. Drawing on his decade on Florida's 11th Circuit bench and nearly 30 years in commercial litigation, Judge Alan Fine (ret.) of Private Resolutions offers a refreshing perspective on resolving disputes strategically and wisely, rather than destructively and emotionally.The distinction between dispute resolution mechanisms forms the backbone of our discussion. Judge Fine discusses options a...
2025-10-0122 minEmerging Litigation PodcastInsurance Coverage Litigation's Modern Mayhem with Jeremy MoseleyInsurance. It’s something we all pay for and hope we never need. But behind the scenes, it’s a world of evolving risks, high-stakes litigation, and technology that’s changing faster than the laws that govern it.In this episode of the Emerging Litigation Podcast, I interview Jeremy Moseley, partner at Spencer Fane in Denver, Colorado. Jeremy defends mass and class actions involving insurance regulations, healthcare, consumer products, and more. He’s seen firsthand how automation, AI, and climate change are presenting new risks — and he’s here to share wha...
2025-09-0248 minEmerging Litigation PodcastArtificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany GehrkeWhat are the implications of recent court decisions for artificial intelligence systems trained on copyrighted materials?In this episode I get to speak with two repeat veteran guests of the podcast about two important cases dealing with fair use analysis in the context of large language model training. Here are a couple of highlights: • Courts found AI training to be "transformative use" because the process changes the works significantly through tokenization and processing.• Judges distinguished between legally obtained training data (dismissed claims) and pirated training data (allowed claims to pro...
2025-08-2138 minEmerging Litigation PodcastCEO Depositions and the Apex Doctrine with Rachel LaryYou say you want a deposition?Plaintiff attorneys often request and are sometimes successful in deposing corporate CEOs and other chief executives. But there are many times when defense attorneys want to spare the C-suite from what can be high-risk and time-consuming exercises for someone whose knowledge or expertise may have little or nothing to do with the facts and issues in a case. In this episode, I talk with Rachel M. Lary, a litigator with a nationwide practice at Lightfoot, Franklin & White, about the Apex Doctrine—a l...
2025-07-1737 minEmerging Litigation PodcastFrom Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth LarrickHow do you know if your witness is credible? Is your evidence compelling—or confusing? And will a jury really care about those bright orange socks?In this episode of the Emerging Litigation Podcast, trial attorney and focus group consultant Elizabeth Larrick joins me to explain how remote focus groups are changing the way lawyers prepare for trial. Elizabeth shares what she’s learned from conducting over 1,000 Zoom focus groups—insights on testing case narratives, assessing witness credibility, refining trial strategy, and even improving jury selection.You’ll hear how quick, targeted virtual sessions help identify...
2025-07-0239 minEmerging Litigation PodcastWhat DEI Changes Mean for Employers Featuring Patice HollandAs political forces target Diversity, Equity, and Inclusion programs, companies reassessing their DEI strategies must tread carefully—because, while the landscape has shifted, employment discrimination law has not.Joining me on the Emerging Litigation Podcast is employment law attorney Patice L. Holland, a Principal at WoodsRogers in Roanoke, Va. Patice shares with me what companies need to know as they reassess their DEI initiatives in light of President Trump's recent executive orders and increasing public and political pressure. Patice explains that while the administration has moved to eliminate disparate imp...
2025-04-3037 minEmerging Litigation PodcastWildfire Litigation: Building a Case and Establishing Liability with Ed DiabSouthern California’s wildfire season has turned into a year-round crisis, and with it comes a surge in litigation. On this episode of the Emerging Litigation Podcast, we explore the aftermath of the devastating January 2025 wildfires, including the high-profile Eaton and Palisades fires, and the complex legal battles now unfolding.My guest, Ed Diab, is a founding partner of Diab Chambers LLP, a boutique law firm with a sharp focus on wildfire litigation. Ed and his team have worked alongside national firm Baron & Budd to represent over 100 public entities in wildfire cases dating ba...
2025-03-2025 minEmerging Litigation PodcastAppellate Lawyers at Trial: Don't Wait Until Your Ox is in the Ditch with Jeff DossWhopping jury verdicts from 2024 illustrate why trial teams sometimes include appellate counsel, because including them -- even as you prepare to defend a high stakes case at trial -- can improve your chances on appeal should a jury hand you a half-billion-dollar verdict.But what functions do appellate attorneys perform at trial? Are they listening for errors or proactively guiding trial counsel? Do they ever address the court or sit quietly at the defense table or maybe in the back row?To answer these questions and more is Jeffrey P. Doss...
2025-01-2722 minEmerging Litigation PodcastWildfire Insurance Coverage for Homeowners and Businesses with Anderson KillThe horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. As of Jan. 16, 2025, these wildfires have scorched more than 60 square miles, claimed at least 25 lives, and left 26 people missing. With more than 12,000 structures destroyed and tens of thousands displaced, the economic impact is estimated between $135 billion and $150 billion. On a new episode of the Emerging Litigation Podcast, we 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 c...
2025-01-1633 minEmerging Litigation PodcastIP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron PickNFTs – or non-fungible tokens – have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. These unique digital certificates, recorded on a blockchain, exploded onto the scene in post-pandemic 2021 with record-breaking sales and widespread media coverage. One of the most amazing examples is "The Merge" by the anonymous artist Pak, which sold for a staggering $91.8 million. The Bored Ape Yacht...
2024-12-1219 minEmerging Litigation PodcastLast Days of Patent Eligibility Confusion with Ryan PhelanAs if the rocketing evolution of technology isn't presenting enough challenges to inventors under patent law, the Supreme Court has done its part, too. I just finished reading Graham Moore's novel "The Last Days of Night," where titans of the late 1800s and early 1990s Thomas Edison, George Westinghouse, and Nikola Tesla "clashed with sparks flying over AC and DC electrical power systems," a corny description suggested by my AI editor. Having read the book, it was fun to speak with modern day attorney Ryan N. Phelan of modern day ...
2024-11-2129 minEmerging Litigation PodcastThe EPA's New PFAS Safe Drinking Water Rule with John GardellaOnce again we dive into one of the hottest topics in environmental law right now: PFAS. Specifically, our guest talks about the EPA’s new PFAS Safe Drinking Water Final Rule, which mandates acceptable levels of PFAS in public water systems. This episode is based on a CLE webinar our guest recorded for HB Litigation a couple months back. Since then, if you’ve been following PFAS developments, you know pushback on the rule is coming from several directions, as our guest predicted. Industry groups, chemical manufacturers, and water utilities alike are challenging the rule as, am...
2024-10-3135 minEmerging Litigation PodcastHumans at Work with Leah StieglerPeople. We’re complicated creatures. We can be compassionate. We can fall in love. Sometimes we don’t care for each other, but here we are. Also, some people cross the lines of propriety, causing emotional or even physical harm to others on our teams, whether we work with them, for them, or whether we supervise them. And sometimes we work more than regular hours, either because we’re directed to or because we’re willing to do what it takes to help our teams succeed. The workplace can be a labyrinth of tricky situations, and emplo...
2024-10-101h 11Emerging Litigation PodcastThe Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom SuddathThe United Nations and World Economic Forum calculates that the cost of corporate corruption globally is $5 trillion a year, or 5% of the world’s 2022 GDP. Corruption can hamper economic growth by discouraging investment, increasing transaction costs, and distorting market competition. It can perpetuate poverty by diverting resources away from essential services and benefiting the wealthy and powerful. It can undermine democratic institutions and erode public trust in governments. It can hinder sustainable development by diverting resources away from essential infrastructure and social services.The Foreign Corrupt Practices Act, or the FCPA – the government’s leadi...
2024-09-1737 minEmerging Litigation PodcastPresident Biden's Critical Infrastructure Cyber Memo and CrowdStrike's Whoopsie Daisy with Elizabeth Burgin WallerHow secure is our nation's critical infrastructure? One recent event serves as a cautionary tale. In this episode, we tackle this pressing question in the context of cybersecurity. We'll address President Biden's recent National Security Memorandum on Critical Infrastructure Security and Resilience, and its implications for sectors like energy, water, and transportation. Our guest, Elizabeth Burgin Waller, from Virginia's WoodsRogers law firm, brings her extensive knowledge in privacy and cybersecurity law to the discussion. Join us as we discuss ransomware as a service, s...
2024-07-3135 minEmerging Litigation PodcastTrademarks, Copyrights, Brands, T-Shirts, and Champagne with Tiffany Gehrke and Kelley GordonListen as intellectual property attorneys Tiffany Gehrke and Kelley Gordon of Marshall Gerstein in Chicago share their insights into three matters relevant anyone watching copyright and trademark law, or anyone fond of branded t-shirts and fancy French beverages. I talk to Tiffany Gehrke about two cases. One is Vidal v. Elster, better known as the “TRUMP TOO SMALL” case. Just decided by the Supreme Court, this deals with whether a mark containing criticism of a government official or public figure – which is barred by the “names cla...
2024-07-2337 minEmerging Litigation PodcastAlgorithmic Software-Facilitated Price Fixing with Jonathan RubinEveryone knows that price fixing is against the law, chiefly Section 1 of the Sherman Act. Competitors may not collude, i.e., agree, to keep prices where they want them, but there are relatively new pricing platforms that some companies maintain take them out of the equation, so they do not have to share private information directly with competitors. Instead, they claim, they feed their data to a third-party which uses algorithms to come up with pricing for these competitors based on data they all contribute. The subject has been getting a lot of attention as...
2024-07-0234 minEmerging Litigation PodcastMitigating Greenwashing Litigation Risks with Ramya RavishankarCompanies are grappling with how to market the eco-friendly, people friendly, and animal friendly characteristics of their products and services, while also not getting in trouble with the law. Some have learned this the hard way. Some have wisely consulted experts. (That's foreshadowing.) ESG – or Environmental, Social and Governance – reporting and so-called greenwashing litigation have implications for a wide range of stakeholders. Companies face significant financial and reputational risks, while investors, regulators, advocacy groups, and consumers all have an interest in ensuring the accuracy and transparency of ESG information.Last year the SEC adop...
2024-06-1227 minEmerging Litigation PodcastAutomation Comes to Our Litigation Nation with James LeeIn this episode we talk about litigation automation, and another case in which innovators are using artificial intelligence to transform legal operations.We also speak with our guest about his transformation from a litigator to a tech entrepreneur, and how the company he co-founded is using modern tools to do in minutes what used to take hours. These tasks include responding to demand letters, complaints, and discovery requests, and executing matter profiling and data analytics, all of which are traditionally rote and repetitive and time-consuming undertakings. He is James M. Lee...
2024-06-0633 minEmerging Litigation PodcastLitigation Prognostication with Dan RabinowitzThe art and science of forecasting litigation outcomes just got a lot more sciencey. Years of immersion in complex business disputes is bound to shine a light on problems begging for solutions. In this case, our guest observed the laborious and ineffective slog that is trying to forecast how long a case will take, how much it might cost, which jurisdiction will treat it with kindness, or how a judge might rule on a motion for summary judgment. These are some of the critical questions our guest set out to address through the...
2024-05-0144 minEmerging Litigation PodcastJury Selection in the Age of Conspiracy Theories and Distrust with Tara TraskTom Hagy interviews jury and trial expert Tara Trask about picking juries in an age of misinformation, general distrust, tribalism, unleashed social media warriors, flamers, and propagandists, and unorthodox legal strategies that seem to unfold on a daily basis. All of these conditions began to accelerate in the lead-up to the 2016 presidential election in which Donald Trump prevailed over Hillary Clinton, continued to heat up in Trump's race against then-candidate Joe Biden, culminated in the Jan. 6 attack on the Capital, and continues to blot out the sun amid civil and criminal actions against the former president and...
2024-04-0244 min