76 episodes

Litigators and other legal and risk professionals share their thoughts on ELP about new legal theories or areas of litigation that plaintiff attorneys, defense counsel, corporations, risk professionals and others will want to be aware of. The host is Tom Hagy, long-time legal news enthusiast, former editor and publisher of Mealey's Litigation Reports, current Editor-in-Chief of the Journal on Emerging Issues in Litigation, and owner of HB Litigation Conferences and Critical Legal Content. ELP is a co-production of HB, CLC, Law Street Media, and vLex Fastcase. Contact Editor@LitigationConferences.com. 

Emerging Litigation Podcast Tom Hagy

    • News
    • 4.6 • 14 Ratings

Litigators and other legal and risk professionals share their thoughts on ELP about new legal theories or areas of litigation that plaintiff attorneys, defense counsel, corporations, risk professionals and others will want to be aware of. The host is Tom Hagy, long-time legal news enthusiast, former editor and publisher of Mealey's Litigation Reports, current Editor-in-Chief of the Journal on Emerging Issues in Litigation, and owner of HB Litigation Conferences and Critical Legal Content. ELP is a co-production of HB, CLC, Law Street Media, and vLex Fastcase. Contact Editor@LitigationConferences.com. 

    The Awesome Potential of Advanced Dispute Resolution with Rich Lee

    The Awesome Potential of Advanced Dispute Resolution with Rich Lee

    Annual U.S. litigation cost estimates vary wildly.  Some say $250 billion, others say $430 billion. When you consider indirect costs, such as lost productivity or economic damages, some put the costs as high as  $1.5 trillion.

    According to Statista, more than $5 billion is spent on employment litigation alone, and another $4.5 billion on commercial litigation. Litigation surrounding intellectual property, product liability, and real estate disputes, cost more than $3 billion each.  

    Time is also a factor. As any litigator knows, resolution of a lawsuit can take three to five years on average. Some cases drag on for more than a decade.
    Alternative Dispute Resolution (ADR) is increasingly attractive. Its benefits were  on full display during Covid lockdowns. It’s more convenient for almost everyone involved, especially in cross-country or cross-border disputes.  

    An important and dangerous side effect of litigation expense is access to justice. Everyone will have disputes and conflicts in their lives, but not everyone can afford to go to court. 
    More ADR is moving from mediation to arbitration partly because of the perceived finality of going to a panel. The American Arbitration Association says there were 25,000 ADR cases filed in 2020. Meanwhile, there are more than 400,000 federal suits and as many as 60 million state suits filed each year.

    Listen to my interview with Rich Lee, CEO and Co-Founder, New Era/ADR as we discuss hot topics and issues involving what is referred to here as "Advanced Dispute Resolution." Before New Era/ADR, Rich was general counsel of a financial technology company that he helped to build, grow, and sell. Rich  serves as an advisor, board member, and investor in technology startups and venture funds and in a leadership role in the Economic Club of Chicago.  He serves on the national Leader’s Council of the Legal Services Corporation (a U.S. Senate-funded 501c3) and on the board of Illinois Legal Aid Online. He has a J.D. from Loyola University Chicago School of Law and a B.S. in Bioengineering from the University of Illinois at Urbana-Champaign.

    I hope you enjoy the episode. If so, give us a rating!

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    This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

    If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

    Tom Hagy
    Litigation Enthusiast and
    Host of the Emerging Litigation Podcast
    Home Page
    LinkedIn

    • 35 min
    Applying Business Strategy to Your Law Firm with James Grant

    Applying Business Strategy to Your Law Firm with James Grant

    This isn’t going to be another theoretical sermon on the business of law, but how two partners  – with the help of a business expert – re-envisioned their practice, throwing out traditional models and transforming their firm into something unique.

    First, we’re going to talk about looking strategically at your law firm as you would any business. The goal here, being tweaking or adjusting your practice in a way that has the most impact on your bottom line. 

    Second, we’re going to talk about one litigation firm’s journey through that process, where they basically took their practice apart, examined each piece, and put it back together again. They rebuilt it with parts based on their strengths as attorneys and on activities that were most profitable.  

    My guest is James M. Grant, an attorney who has embraced the idea of applying strategic business thinking to the practice of law.  In that spirit, we talk about how and why he and his partner, Mark Kirchen, tried such an exercise and what he learned from it. Then James talks about a pretty profound transformation of his firm, developing a unique offering that is demonstrably different, as you will see. 

    James is co-founding partner of Georgia Trial Attorneys at Kirchen & Grant LLC.  He's an experienced personal injury litigator and trial attorney, whose list of defendants include insurance companies. James started off as a state prosecutor before getting into personal injury law. He has a B.S. from Georgia Institute of Technology, and received his J.D. from Faulkner University (J.D., 2011). 

    I hope you enjoy the episode. If so, give us a rating!

    ***********

    This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

    If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

    Tom Hagy
    Litigation Enthusiast and
    Host of the Emerging Litigation Podcast
    Home Page
    LinkedIn 

    • 40 min
    PFAS Regulation, Litigation, and Differentiation with David Marmins and Morgan Harrison

    PFAS Regulation, Litigation, and Differentiation with David Marmins and Morgan Harrison

    The PFAS family of man-made compounds are found in countless consumer products, as well as medical devices and firefighting foam. The incredibly strong carbon-fluorine bond that make PFAS so useful also makes them incredibly persistent. They are so ubiquitous that PFAS can be found in the blood of every human on earth and rainwater throughout the world. 
    In this episode we are going to give you some history of the compounds, discuss some important differences, review what litigation we're seeing (including the various claims and defenses), note what we can learn from recent settlement structures, forecast the impact of any new regulation, and predict what litigation might be next. 

    My guests have been at the forefront of PFAS litigation since they began defending carpet manufacturers in suits brought by two Alabama municipalities in 2017. They are:

    David J. Marmins, a partner with Arnall Golden Gregory LLP in Atlanta, Georgia. He is part of the firm’s litigation and real estate practices and co-chair of the firm’s retail industry team. David has concentrated his practice on complex civil litigation since becoming a lawyer in the last century. He earned his JD from Georgia State University College of Law. 
    Morgan E. M. Harrison, partner, in AGG’s litigation and dispute resolution and employment practices. She is also a member of the payments systems and fintech, and background-screening industry teams. Morgan has a JD from Vanderbilt University Law School.

    BONUS! Read David and Morgan's article on the subject, just published in the Journal of Emerging Issues in Litigation.

    I hope you enjoy the episode. If so, give us a rating!

    This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

    If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

    Tom Hagy
    Litigation Enthusiast and
    Host of the Emerging Litigation Podcast
    Home Page
    LinkedIn 

    • 59 min
    Fresh Produce Law, Contracts, and Risks with Katy Esquivel

    Fresh Produce Law, Contracts, and Risks with Katy Esquivel

    According to the Department of Agriculture Americans consume 137 pounds of fresh produce per year. That not only fuels our bodies but also a $146 billion industry.  Produce starts to degrade immediately after harvest, so transporting fresh fruits and vegetables from farms to stores in a safe and timely manner poses numerous challenges.

    What legal and reputational risks do growers, brokers, and shippers face? What laws come into play? What are the essential components of contracts among participants in the supply chain?

    Listen to my interview with Katy Esquivel,  founder and principal attorney with Esquivel Law Chartered. Katy focuses on trust enforcement cases under the Perishable Agricultural Commodities Act (PACA) and representation of stakeholders in the transportation industry. Katy represents transportation brokers and shippers in matters including drafting contracts, handling claims, and advising clients on evolving legal issues impacting their businesses. She also counsels growers and sellers. Katy has also successfully completed the Produce Safety Alliance Grower Training Course to ensure that she is up to date on the latest food safety standards within the industry. She earned her J.D. from St. Thomas University Benjamin L. Crump School of Law.

    I hope you enjoy the episode. If so, give us a rating!

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

    If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

    Tom Hagy
    Litigation Enthusiast and
    Host of the Emerging Litigation Podcast
    Home Page
    LinkedIn 

    • 34 min
    ESG Programs and the Lawyer's Role with Kai Gray

    ESG Programs and the Lawyer's Role with Kai Gray

    What’s gotten into some corporations these days? 

    Some are reducing their carbon footprint and reducing waste. Some are demanding ethical behavior. Some are even paying attention to wages of frontline workers. In this episode we discuss the role of attorneys and in-house counsel in the courageous new world of Environment, Social, and Governance, or ESG. And, not to disappoint, I mention a beloved cartoon duck who, when you think about it, raises questions about inclusivity and workplace safety. Throw in the fact that he doesn’t always wear pants to work and you have an ESG trifecta.

    A few questions addressed in this episode: 
    How can law firms themselves adopt ESG practices and what role do they play with clients? What are some common pitfalls attorneys should avoid when navigating ESG regulations and standards? How can in-house counsel drive ESG initiatives within their organizations?What role to they play in  communicating ESG risks and opportunities to their C-suite and board or directors? What about mitigating risks associated with ESG disclosures? And what about external partnerships and supplier contracts?
    And another thing. Ever wonder why corporations set ESG goals, why ratings matter, or how ratings are calculated? 
    Listen to my interview with Kai Gray, CEO and co-founder of Motive, an ESG advisory and support service firm, as we explore what ESG is, what it is not, what good it can bring to an organization, and where attorneys fit in.  Kai generously offers his perspective based on more than two decades of work at some of the most innovative companies in the U.S. 

    Kai also reveals the secret to the secret sauce behind compelling corporations to the right thing!

    I hope you enjoy the episode. If so, give us a rating!

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

    If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

    Tom Hagy
    Litigation Enthusiast and
    Host of the Emerging Litigation Podcast
    Home Page
    LinkedIn 

    • 41 min
    Natural Gas Bans, Bans on Bans, and the Ninth Circuit with Gary Toman

    Natural Gas Bans, Bans on Bans, and the Ninth Circuit with Gary Toman

    The Ninth Circuit Court of Appeals recently struck down Berkeley, California's ban on natural gas infrastructure in new buildings. The court ruled unanimously that the ban violates federal law. This subject is important as we will likely see more natural gas bans in the future and the Berkeley case has set a precedent for how similar cases may be treated. 

    The case was brought by the California Restaurant Association, the National Restaurant Association, and the American Gas Association. The plaintiffs argued that Berkeley's ban was preempted by the Energy Policy and Conservation Act (EPCA), which gives the federal government exclusive authority to regulate energy efficiency standards for appliances. The Ninth Circuit agreed with the plaintiffs, finding that Berkeley's ban was "a direct regulation of energy efficiency standards for appliances." Now, New York has implemented a natural gas ban starting in 2026. 
    Listen to my interview with Gary Toman, Partner at Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, as we discuss this seminal case and the impact of the court’s ruling on consumers and businesses across the country. 
    Gary  has extensive experience representing corporations, banks and professionals in complex litigation and arbitration matters and business disputes. Gary has substantial experience defending corporations in a wide variety of class actions.  Gary received his J.D. from Harvard Law School. 

    I hope you enjoy the episode. If so, give us a rating!

    This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

    If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

    Tom Hagy
    Litigation Enthusiast and
    Host of the Emerging Litigation Podcast
    Home Page
    LinkedIn 

    • 26 min

Customer Reviews

4.6 out of 5
14 Ratings

14 Ratings

Frankiejober ,

A must for litigators

Tom brings decades of experience covering litigation and litigators to these interviews with the stars of the field, mixed with his occasionally mischievous sense of humor. Worth your time.

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