Emerging Litigation Podcast

Tom Hagy
  • 4.7 (19)
  • NEWS COMMENTARY
  • UPDATED BIMONTHLY

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. 23H AGO

    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 min

  2. 11/19/2025

    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 min

  3. 10/10/2025

    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 min

  4. 10/10/2025

    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 min

  5. 10/04/2025

    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

    1h 4m

  6. 10/01/2025

    Resolving Business Disputes Without Burning Bridges Featuring Judge Alan Fine

    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 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 available to businesses in conflict, from traditional litigation to mediation, arbitration, and the increasingly popular "private judging" programs now available in at least 30 states. He calls that last option "concierge justice." It is where parties select their own judge, secure expedited hearings, and avoid the unpredictability and inefficiency of overcrowded court calendars. He outlines key differences between these approaches, particularly in confidentiality, efficiency, and the appeals process. Judge Fine stresses that the choice should align with the parties' objectives—especially if preserving the business relationship is a priority. Judge Fine shared a real-world example of two business partners who faced a multimillion-dollar disagreement but recognized their partnership's value meant more than who won in court. By choosing a streamlined arbitration process, they resolved their conflict in just eight hours spread over two days, received a prompt ruling, and continued their successful business relationship without missing a beat. Listen now to discover how strategic conflict resolution can protect your most valuable business partnerships while still addressing legitimate disagreements effectively. Tom Hagy Host Emerging Litigation Podcast Contact: Editor@LitigationConferences.com Visit LitigationConferences.com ______________________________________ 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

    23 min

  7. 09/02/2025

    Insurance Coverage Litigation's Modern Mayhem with Jeremy Moseley

    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 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 what’s coming next. We talk about how technology that makes claims handling faster and easier is now fueling lawsuits. How customized policies, while great for consumers, can leave dangerous gaps. And how juries today are awarding damages that would’ve seemed outrageous just a few years ago. Jeremy explains “social inflation” and the rise of thermonuclear verdicts—why $20 million doesn’t sound like much anymore, and how insurers can push back with reality-based defense strategies. He also dives into climate change, shifting storm patterns, and how unprepared infrastructure are creating new underwriting challenges. And yes, we talk about Dr. Evil, and Ecclesiastes, and my horse Jefferson from a dude ranch vacation in Colorado. This episode is a warning, a guide, and a conversation about the future of insurance litigation. Jeremy’s insights are sharp, timely, and grounded in real-world experience. If you work in insurance, law, or just want to understand how emerging risks are reshaping the world around us, this one’s for you. Thanks to Jeremy Moseley for joining us. Tom Hagy Host, The Emerging Litigation Podcast 💬 Have thoughts or want to contribute to future episodes? Email: Editor@LitigationConferences.com ______________________________________ 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 min

  8. 08/21/2025

    Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke

    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" 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 proceed). • Both judges signaled that if plaintiffs had focused on AI outputs reproducing substantial portions of their works, outcomes might have been different. • The transformative nature of AI training was deemed significant enough to qualify as fair use even for commercial enterprises • One judge noted that if copyrighted works are essential for training models worth "billions, if not trillions," developers must find ways to compensate copyright holders. About Our Guests Ryan Phelan and Tiffany Gehrke are recognized thought leaders in emerging technology law and artificial intelligence. Both are partners at Marshall, Gerstein & Borun LLP and returning guests on the Emerging Litigation Podcast. Ryan has written extensively on digital innovation, including intellectual property issues related to cutting-edge AI systems. He is the moderator of PatentNext, a blog focused on patent and IP law for next-generation technologies. We based our discussion on his excellent article about copyright law meeting AI, titled U.S. District Court Issues First Decisions on AI Model Development and Copyright Fair Use. Ryan holds a J.D. from Northwestern Pritzker School of Law and an MBA from Northwestern’s Kellogg School of Management. Tiffany is known for her expertise in intellectual property and technology policy, and for advocating balanced, ethical approaches to AI regulation. She chairs Marshall Gerstein’s Trademarks and Copyrights Practice. Before entering law, she worked as a software engineer. Tiffany earned her J.D. from Loyola University Chicago School of Law. Together, they bring deep practical insight and academic rigor to the evolving legal landscape surrounding artificial intelligence.  I appreciate them returning to the podcast and sharing what they know! Tom Hagy Host Emerging Litigation Pocast ______________________________________ 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 min
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4.7
out of 5
19 Ratings

About

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. 

Information

  • Creator
    Tom Hagy
  • Years Active
    2020 - 2026
  • Episodes
    113
  • Rating
    Clean
  • Copyright
    © 2026 Emerging Litigation Podcast
  • Show Website
    Emerging Litigation Podcast