Tom Hagy
Emerging Litigation Podcast
Litigators and other professionals share their thoughts on ELP about new legal theories, new areas of litigation, and how existing (sometimes old) laws are being asked to respond to emerging risks. The podcast is designed for plaintiff attorneys, defense counsel, corporations, risk professionals, litigation support companies, law students, or anyone interested in the law. The host is Tom Hagy, long-time legal news writer and enthusiast. He is former editor and publisher of Mealey's Litigation Reports, Founder and Editor-in-Chief of HB Litigation, co-owner of Critical Legal Content, and Editor-...
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Autor
Tom Hagy
Categoría
Web del podcast
Último episodio
27 de oct. de 2026
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Episodios
Resolving Business Disputes Without Burning Bridges Featuring Judge Alan Fine 01.10.2025 22:34
When 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 ref...
Insurance Coverage Litigation's Modern Mayhem with Jeremy Moseley 02.09.2025 48:10
Insurance. 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 regu...
Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke 21.08.2025 38:55
What 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&qu...
CEO Depositions and the Apex Doctrine with Rachel Lary 16.07.2025 37:41
You 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 e...
From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick 02.07.2025 39:29
How 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 conduct...
What DEI Changes Mean for Employers Featuring Patice Holland 30.04.2025 37:57
As 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...
Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab 20.03.2025 25:12
Southern 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 ,...
Appellate Lawyers at Trial: Don't Wait Until Your Ox is in the Ditch with Jeff Doss 27.01.2025 22:18
Whopping 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?...
Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill 16.01.2025 33:55
The 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 bet...
IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick 12.12.2024 19:11
NFTs – 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...
Last Days of Patent Eligibility Confusion with Ryan Phelan 21.11.2024 29:06
As 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 electrica...
The EPA's New PFAS Safe Drinking Water Rule with John Gardella 31.10.2024 35:47
Once 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...
When Chemical Crises Strike with Ed Gentle and Kip Benson 16.10.2024 13:04
Soon after emergency response teams scramble into action to address chemical fires, explosions, or other toxic events, attorneys begin gathering and analyzing information either to mitigate corporate risk or to seek remedies for anyone impacted by such an event. Listen to my interview with Edgar C. "Ed" Gentle III and Katherine "Kip" Benson of Gentle, Turner & Benson LLC ,...
Humans at Work with Leah Stiegler 10.10.2024 1:11:42
People. 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...
The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath 17.09.2024 37:30
The 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 po...
False Claims Act, Health Care Whistleblowers, and Whistling in the Wind with Justin Lugar 07.08.2024 34:17
The DOJ’s annual report for 2023 revealed that the agency’s Health Care Fraud Unit was its busiest criminal enforcement section, responsible for convicting more than $3.8 billion in False Claims Act and whistleblower claims. There has reportedly been an uptick in whistleblower work among law firms and a record number of whistleblower cases. Still, some healthcare providers and hospital systems ten...
President Biden's Critical Infrastructure Cyber Memo and CrowdStrike's Whoopsie Daisy with Elizabeth Burgin Waller 31.07.2024 35:08
How 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...
Trademarks, Copyrights, Brands, T-Shirts, and Champagne with Tiffany Gehrke and Kelley Gordon 23.07.2024 37:09
Listen 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 Supre...
Algorithmic Software-Facilitated Price Fixing with Jonathan Rubin 02.07.2024 34:06
Everyone 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...
Mitigating Greenwashing Litigation Risks with Ramya Ravishankar 12.06.2024 27:01
Companies 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 imp...
Automation Comes to Our Litigation Nation with James Lee 06.06.2024 33:53
In 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, co...
Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone 31.05.2024 29:50
Biometric data is big business. It many cases it even helps make our lives better. It also presents significant risks for a variety of parties, in addition to those of us who surrender our data. Companies collecting, storing, utilizing, and monetizing the data face penalties and litigation bolstered by the increasing number of states enacting biometric information privacy acts, or BIPAs, the fi...
Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles 18.05.2024 35:18
This episode is dedicated to Mental Health Awareness Month -- May 2024 -- in which we explore some of the keys to achieving wellbeing as a human litigator. Lawyers contemplate suicide at "an exceedingly high rate." Whereas 4.2% of adults have reported contemplating suicide, that figure is 10-12% among lawyers. According to a study published by MDPI , lawyers are prone to mental health is...
Litigation Prognostication with Dan Rabinowitz 01.05.2024 44:33
The 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 jud...
Technology-Assisted Review: Sara Lord Interviews Data Scientist Lenora Gray 08.04.2024 29:50
Our Legal Tech Host Sara Lord speaks with data scientist and eDiscovery expert Lenora Gray of Redgrave Data. Discovery is a staple in any litigation practice, and it has been transformed by technology assisted review tools – or TAR. eDiscovery has developed into its own specialty – with eDiscovery experts on staff who know all there is to know about the technology, standards, processes, and pract...
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