Emerging Litigation Podcast

Tom Hagy
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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-in-Chief of multiple legal blogs for clients. Contact him at Editor@LitigationConferences.com. 

  1. 4 天前

    FTC Warns Law Firms: Rethink Your Diversity Collaborations

    This episode dives into the latest warnings issued by the Federal Trade Commission to major U.S. law firms regarding their participation in diversity certification programs. I outline the broader pattern of executive branch pressure and explore the implications for law firms and media companies.  Key Topics Covered:   FTC Chairman Andrew N. Ferguson’s cautionary letters to 42 law firms participating in Diversity Lab’s Mansfield Certification program, highlighting potential antitrust liability under the Sherman Act and FTC Act. The Mansfield Rule’s origins, modeled on the NFL’s Rooney Rule, and its focus on expanding opportunities for underrepresented lawyers without mandating quotas. Judicial decisions, including Perkins Coie LLP v. DOJ and Jenner & Block LLP v. DOJ, addressing claims of discrimination and political retaliation in the context of diversity initiatives and legal advocacy. The Trump administration’s use of antitrust law to challenge perceived collusion in both legal and media sectors, including scrutiny of media partnerships like the Trusted News Initiative and high-profile media mergers. Broader ideological and regulatory trends, including heightened enforcement, government intervention in media ownership, and ongoing appeals in federal courts. Discussion Points:  How coordinated diversity efforts may be viewed as labor-market collusion and the legal risks for law firms. The intersection of antitrust law, freedom of speech, and diversity initiatives in shaping the future of legal and media industries. The potential impact of executive orders and regulatory actions on the independence and competitive landscape of law firms and media companies. I discuss how law firms and media organizations must adapt to an environment of increased political scrutiny, regulatory enforcement, and ongoing legal challenges. Tune in for the latest in the evolving relationship between private power and government oversight.  ______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site

    18 分鐘

  2. 1月26日

    An Innovative New Law Firm Self-Ranking Tool with Molly Huie and Sara Lord

    Law firm headcount and revenues are a poor proxy for measuring leadership and excellence.  In this episode I had the pleasure of chatting with Molly Huie, team leader of proprietary, industry thought-leadership surveys and data-based award programs at Bloomberg Industry Group. Joining me to interrogate Molly is data strategist Sara Lord of Reed Smith, the best kind of tech, law, and legal-tech nerd.  We interviewed Molly about Bloomberg's relatively new law firm ranking service that we think is pretty innovative. It helps firms make detailed, four-pronged examining of performance and effectiveness that goes beyond traditionally examined characteristics and metrics.   The new Leading Law Firms program blends financial strength, talent, growth, innovation, and excellence-related metrics into an interactive experience where you can sort, compare, and drill into firm-level dashboards to reveal actionable metrics. What makes it different? The data is submission-only and transparently shared, with sensitive answers aggregated for scoring rather than exposed as competitive intel. The tool is also unique in its ability to reveal -- via an interactive interface -- how small and midsize firms may innovate as well as, or faster than, the giants. Who benefits? We talk through the types of professionals expected to get the most value out of this tool, e.g., business development and marketing leaders seeking sharper positioning, managing partners who desire meaningful and comparative performance metrics, among others.   Enrollment is now open. Check it out!  Disclosure: I am not being compensated for sharing this. God knows I've asked.  ______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site

    28 分鐘

  3. 1月21日

    Agentic AI on Trial: You Be The Judge Part 1 - Medical Diagnostics

    In this three-part series our guests reprise their panel discussion at the Executive Women’s Forum DSG Global conference titled "You Be The Judge," during which they explored scenarios involving harms potentially caused by Agentic AI. In Episode 1 they discuss an Agentic AI mammography triage system designed to flag positives for a radiologist, auto-send “all clear” letters for negatives, and operate with minimal human oversight.  They answer this difficult question: When the machine gets it wrong, who is accountable? Developers, hospitals, clinicians, and/or data providers? What role do contracts, warnings, and intended-use labels play in establishing liability? What safeguards would balance speed and safety? Random audits? Documentation? Will a new standard of care develop for machine decision-making?  I take the back seat in this series as the panelists moderate the discussion. They are: Galina Datskovsky, PhD, CRM, FAI Board of Directors, FIT and OpenAxes Information Governance and AI expert Marina Kaganovich AMERS Financial Services Executive Trust Lead Office of the CISO, Google Cloud  Hon. Lisa Walsh Florida Circuit Judge 11th Judicial Circuit, Miami-Dade County Special thanks to Kathryn M. Rattigan, Partner, Data Privacy + Cybersecurity with Robinson+Cole for bringing this team to the Emerging Litigation Podcast.  If you work in health tech, compliance, or hospital operations -- or you advise these professionals -- this conversation offers a clear-eyed guide to deploying autonomous agents responsibly—without sleepwalking into preventable harm. If you like what you hear, watch for Episodes 2 and 3.  ______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site

    31 分鐘

  4. 1月5日

    Cannabis Laws & Workplace Drug Testing: What Employers & Employees MUST Know in 2026

    With 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 disorders - What "fitness for duty" means and when it can be required - Documentation strategies that protect employers from litigation - Common misconceptions about prescription drugs and workplace impairment - How legal drug use (medical/recreational cannabis) affects employment - Building safety programs that respect employee rights and reduce accidents KEY INSIGHTS: ✓ Safety and privacy aren't competing interests—employers must uphold both ✓ Documentation and consistency are your strongest legal defenses ✓ Legal drug use doesn't eliminate safety concerns but requires individualized accommodation ✓ 46 million Americans have substance use disorders—this affects every workplace TIMESTAMPS: 00:00 - Substance Use in the Workplace: A Growing Concern 13:02 - Navigating Privacy and Safety in Employment 18:35 - Building Compliant Safety Programs 21:44 - Effective Safety and Assessment Programs 23:16 - Documentation and Accountability 26:27 - Understanding Fitness for Duty Processes 29:36 - Common Misconceptions About Drug Use 37:51 - Navigating Drug Regulations in the Workplace ABOUT KEYA DENNER: Keya Denner is a senior labor and employment litigator with over 20 years of experience representing employers in discrimination, disability, and compliance matters. He co-chairs Constangy's Cannabis & Employee Substance Abuse practice group and regularly counsels Fortune 500 companies in retail, hospitality, and logistics on building compliant workplace programs as cannabis laws evolve. WHO SHOULD WATCH: → HR professionals and compliance officers → Business owners and executives → Employees using medical or recreational cannabis → Safety managers and team leaders → Anyone navigating employment law and drug policies What's your experience with workplace drug policies? Share in the comments! 👍 Like if you found this helpful | 🔔 Subscribe for more employment law insights #cannabislaw  #workplaceculture  #employmentlaw  #workplacesafety  #hrcompliance  Emerging Litigation Podcast ______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site

    42 分鐘

  5. 2025/11/19

    Artificial Intelligence on Your Trial Team with Adam Massaro

    According to just about every survey I could find, attorneys are increasingly embracing artificial intelligence tools. Most of these professionals report significant benefits. Some attorneys continue to fumble through without reading the manual. I only hope they do better with lawn mowers and hedge clippers. In this episode, my guest falls in the former camp, finding AI to be an invaluable asset to trial teams.  Adam Massaro, an accomplished litigator in intellectual property and high-stakes commercial disputes, explained how artificial intelligence is transforming trial preparation and courtroom strategies. Adam described leveraging AI to enhance expert cross-examination, streamline evidence management, and improve witness preparation. He is particularly optimistic about AI’s predictive capabilities, whether evaluating case prospects before trial or refining overarching litigation approaches.  He emphasized that the true potential of AI is realized when it is provided with structured, reliable data and guided by well-crafted prompts that specify the desired outcomes. By adhering to these principles, AI can efficiently summarize complex arguments, identify weaknesses in a case, and support attorneys in refining their strategies ahead of trial. In the area of witness preparation, AI is proving invaluable, enabling attorneys to anticipate challenging questions and help witnesses present more effective testimony.  Adam is a partner at Reed Smith in Denver. With more than a decade of experience, he has handled multimillion-dollar cases, securing significant jury verdicts and defense wins at trial. His practice spans trade secrets, copyright, class action, and appellate matters. Adam is also a former appellate law clerk with experience in post-judgment and appellate proceedings.  Adam earned his J.D. from the University of Denver Sturm College of Law and holds a B.A. from Pennsylvania State University. Alongside his legal work, he is involved in community service. He is an active member of the Denver Active 2030 Children’s Foundation (2010–present), where he has served as Vice President, Charity Review Committee member, and President. Adam has also contributed as a board member for Elder Justice Colorado and Denver Kids Inc.  Thanks to Adam for such a candid conversation. Had I known he is also an archer I would have made a much bigger deal about it. The potential puns and metaphors, well, boggles the mind. At least mine.   ______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site

    35 分鐘

  6. 2025/10/10

    Authentic Business Development for Litigators: Stop Chasing Cases and Start Building Clients with John Reed

    Waiting 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 within law firm cultures. Can you imagine? Known for blending creativity, emotional intelligence, and big-picture thinking, he brings a unique perspective on how lawyers can stand out authentically and effectively in a crowded market. John shares how traditional litigator traits—decisive, fast, commanding—can win in court but backfire with clients who value collaboration and reflection. He outlines a practical model for defining your professional brand through role, skill, context, and style—and explains why style may be your strongest differentiator. We also dig into how introverted lawyers can grow client relationships through substance, not small talk, and how remote mentoring can actually strengthen early-career development with the right habits and feedback. Whether you’re an associate building visibility or a partner looking to expand trusted relationships, this conversation will help you make your practice more resilient, referral-ready, and strategically aligned with how clients actually buy legal services. Thanks to John for sharing his insight, humor, and practical wisdom on how to turn authentic connection into lasting business growth. Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast ______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site

    48 分鐘

  7. 2025/10/10

    Unraveling "Reverse Discrimination" with Leah Stiegler

    What 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 simple yet insightful statement captures the essence of the Court's reasoning that Title VII protections apply equally to all employees, regardless of their demographic status. Leah shares results from mock trials conducted with identical facts in different Virginia jurisdictions. A conservative Lynchburg jury awarded a white male plaintiff $600,000, while a more liberal Richmond jury found no discrimination whatsoever with the exact same evidence. This highlights how geography and community values dramatically influence discrimination case outcomes, sometimes more than the legal standards themselves. We also explore the McDonnell Douglas burden-shifting framework that remains the analytical backbone of discrimination cases, the emerging concept of intersectional discrimination, and recent executive orders concerning religious expression in the workplace. Throughout our discussion, Leah offers practical insights for employers navigating these evolving issues, emphasizing that while the political discourse around DEI initiatives may be contentious, the fundamental prohibition against discrimination remains unchanged. Whether you're an employer developing workplace policies, an HR professional conducting training, or an employee trying to understand your rights, this episode provides essential context for understanding how discrimination law is evolving in unexpected ways. Subscribe to the Emerging Litigation Podcast for more in-depth analysis of the legal issues shaping our workplaces and society. This is Leah's second appearance on the podcast and I appreciate it!  Tom Hagy Host | The Emerging Litigation Podcast ______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site

    39 分鐘

  8. 2025/10/04

    New and Improved Antitrust Whistleblowing Incentives with Julie Bracker and Dan Mogin

    What 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 they remain one of the most powerful tools for uncovering corporate fraud and misconduct. Julie explains historical and modern False Claims Act litigation, and Dan walks us through the machinations of private and public enforcement of antitrust laws, the Sherman Act being the big dog in this fight. Together they describe the Department of Justice's aspirations to bring individuals into the antitrust enforcement game. Along the way, Julie and Dan share lessons from their practices and insights on where whistleblower and antitrust enforcement may be headed next. If you’ve ever wondered how whistleblowers drive billion-dollar recoveries, or what the rise of antitrust whistleblowing means for businesses and enforcers alike, this episode is worth a listen. Thanks to Julie and Dan for sharing their insights based on decades of practice in two challenging and important areas of law.  Tom Hagy Host of the Emerging Litigation Podcast P.S. You can also watch this podcast and slide presentation on the HB Litigation News YouTube Channel.  *We produced this simultaneously as a CLE webinar, because we're just that clever. Look for it on the CeriFi LegalEdge CLE platform.  ______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site

    1 小時 4 分鐘
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簡介

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-in-Chief of multiple legal blogs for clients. Contact him at Editor@LitigationConferences.com. 

資訊

  • 創作者
    Tom Hagy
  • 活躍年代
    2020年 - 2026年
  • 集數
    116
  • 年齡分級
    兒少適宜
  • 版權
    © 2026 Emerging Litigation Podcast
  • 節目網站
    Emerging Litigation Podcast