Speaking of Litigation Podcast

What General Counsel and Business Leaders Need to Know One National Standard: The U.S. Department of Justice's (DOJ's) Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) creates a national policy for how the DOJ may award companies cooperation credit for the voluntary self-disclosure of corporate misconduct in the criminal context. A 120-Day Clock: The CEP gives a company 120 days to...

What General Counsel and Business Leaders Need to Know Early Action Is Everything: Whether you're owed money or need a supplier to survive, proactive conversations with legal and financial advisors dramatically expand your options before problems become crises. Know Your Toolkit: From security interests and guarantees to debtor-in-possession financing and critical vendor programs, knowing which to...

Key Takeaways: State Attorneys General (AGs) Are Stepping Up: With reduced federal enforcement staffing, state AGs are expanding their budgets, hiring former federal prosecutors, and taking the lead in health care fraud investigations. Medicaid Takes Center Stage: As federal enforcement focuses on Medicare, state Medicaid Fraud Control Units are prioritizing Medicaid fraud, creating a shift in enf...

This Veterans Day,  Speaking of Litigation  brings you a special episode featuring Epstein Becker Green attorneys Stuart Gerson , Jack Fernandez , Ron Green , and Ken Kelly , who share their unique journeys from military service to impactful legal careers. Hear their remarkable stories: Stuart's counterintelligence work in the Air Force during the Vietnam War Jack's high-stakes missions as a Navy...

Courtroom dramas make for great entertainment, but how much of what we see on screen reflects the reality of litigation? In this episode of  Speaking of Litigation , we analyze iconic scenes from Succession , The Good Wife , Bridge of Spies, and more to uncover the truths—and myths—about the legal process. From Screen to Strategy: Lessons for Litigants Filing a Complaint:  Learn from A Civil Actio...

When a merger or acquisition closes, many executives assume the legal work is over. But as this episode of Speaking of Litigation reveals, signing on the dotted line may be just the beginning. Avoid post-closing litigation with these issues in focus: Earnout Disputes: Learn how a buyer's actions can intentionally or unintentionally depress earnings, leading to legal battles over unpaid contingent...

Early decisions in high-stakes litigation can shape both the courtroom and public narratives, yet critical first-move strategies are underutilized.   Why It Matters Setting the Tone Early: Find out how pre-litigation discovery builds compelling, evidence-backed cases. Controlling the Narrative: Learn how preemptive filings can influence not only legal outcomes but also public opinion. Detailed Ins...

What if the key to navigating your most complex legal challenges lies in the capabilities of artificial intelligence (AI)? Join Epstein Becker Green attorneys Alkida Kacani and Christopher Farella as they sit down with Jonathan Murphy, Senior Manager of Forensics at BDO, to examine how AI is revolutionizing the practice of law. Discover how advanced technologies are refining e-discovery, optimizin...

When businesses face regulatory uncertainty, how can they effectively adapt, respond, and, if necessary, challenge government action? In this episode of  Speaking of Litigation,  Epstein Becker Green attorneys Mike Brodlieb , Jim Flynn , Jimmy Oh , and Jack Wenik navigate the complexities of regulatory action and inaction. The conversation dives into the changing administrative landscape and cover...

How can legal professionals transform complex arguments into compelling visuals without losing their audience in dense text? In this episode of Speaking of Litigation , Epstein Becker Green attorneys Lauren Brophy Cooper and James S. Tam are joined by guest Brandie Knox , Founder and Creative Director of Knox Design Strategy, to discuss the legal industry's shift toward visual storytelling. The gr...

Behind every successful trial is a team that knows how to work under pressure—but what sets trial teams apart? In this episode of  Speaking of Litigation, Epstein Becker Green attorneys Shruti Panchavati , Melissa Jampol , and Diana Costantino Gomprecht share their trial team experiences, breaking down how trial team dynamics can directly affect courtroom outcomes. Tune in as the panel uncovers si...

What makes a jury work—and what earns their trust? Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman , Teddy McCormick , and Jonathan Brollier . This episode unpacks the art of voir dire, blending centuries-old practices with innovative tools such as artificial intelligence-driven analytics. Along the way, they tackle how to identify bias, manage polariz...

In the legal world, the effectiveness of your writing can make or break your case. In this episode of Speaking of Litigation , Epstein Becker Green attorneys Max Cadmus , Tom Kane , and Ed Yennock delve into the critical aspects of crafting compelling legal documents. They discuss the fine line between assertive and aggressive writing, emphasizing the importance of tone and style. Discover how pro...

Sometimes, challenging clients need to be challenged. Whether encouraging candid client conversations or reining clients in during depositions, it's important to keep the ultimate goal in mind: success. In this episode of Speaking of Litigation , Epstein Becker Green attorneys Jim Flynn ,  Anthony Argiropoulos , and  Alex Barnard  dive into the world of challenging clients—those who demand more, p...

Ever wondered how courtroom battles have evolved with the rise of technology? Join us on this episode of Speaking of Litigation as Epstein Becker Green litigators Ken Kelly ,  Eric Moran , and  Ed Yennock explore how technological advancements have reshaped the landscape of legal trials. From the days of low-tech (or no-tech) to the sophisticated digital tools we now rely on, technology has revolu...

When it comes to dietary supplement class actions, there's a little less class and a lot more action . In this episode of Speaking of Litigation , Epstein Becker Green litigators Teddy McCormick , Jack Wenik , and Robert Lufrano explore the litigious minefield of class action battles, particularly focusing on the challenges faced by companies amid the proliferation of legal opportunists and lawsui...

As the spotlight on high-profile judgments intensifies, terms such as "libel," "slander," and "defamation" permeate public discourse. Former U.S. presidents, A-list celebrities, and even college professors and local business owners face the specter of defamatory statements broadcast and scrutinized worldwide. But what lies beneath the surface of these headline-grabbing lawsuits? Join us on  Speaki...

As a privacy officer, what keeps you up at night? Is it the ransomware boogeyman, or perhaps the data breach creeps? Whatever it may be, Epstein Becker Green litigators J.T. Wilson III , Stuart Gerson , and Brian Cesaratto are here to shed light on the subject in this episode of Speaking of Litigation . The growth of artificial intelligence, foreign state-sponsored cyberattacks, and labyrinthine c...

FBI! Open up! Is your organization prepared to handle a government investigation? Guilty or not, having a preparedness plan in place for when a government agency comes knocking is just as important as conducting a company fire drill. In this episode of  Speaking of Litigation, Epstein Becker Green litigators Alkida Kacani , George Breen , and Eric Moran discuss a few of the most common (and invasi...

♫ Conjunction "injunction," what's your function? ♫ Preliminary injunctions and temporary restraining orders can prove useful in a counsel's attempt to preserve evidence, prove irreparable harm, protect trade secrets, stop violations of either building codes or health care laws, and much more. In this episode of Speaking of Litigation , Epstein Becker Green attorneys Scheherazade Wasty , Jonathan...

From chart-topping artificial rap songs to employment screening tools, artificial intelligence (AI) is not only a societal phenomenon but also a growing legal dilemma. Trial lawyers around the globe are focused on the emergence of AI-related disputes in and out of the courtroom.   Epstein Becker Green attorneys Teddy McCormick , Jim Flynn , and Ali Nienaber illustrate the influence that AI has on...

No business likes litigation. Lawsuits and trials can be stressful, unpredictable, and often confounding—even for battle-scarred business leaders. But they're something almost every business must confront. Speaking of Litigation pulls back the curtain for an inside look at the various stages of litigation and the key strategic issues businesses face along the way. In this episode, attorneys Anthon...