PODCAST · news
Emerging Litigation Podcast
by Tom Hagy
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 [email protected].
Episodes
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Beyond the Billable Hour: The Business of Litigation with Jonathan Sablone
The billable hour isn’t dead—but the way clients think about paying for legal work is changing. In this episode, I’m joined again by Jonathan Sablone of Sablone Advisory LLC to talk about the business side of litigation: what lawyers charge, what clients actually want from their fee arrangements,...
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When Algorithms Find Fraud: The New False Claims Act with Tom Suddath and David Bender
A False Claims Act case used to conjure up an insider with evidence of fraud. Increasingly, it may start somewhere very different: a public dataset, a spreadsheet, and an algorithm looking for patterns. In this episode, I’m joined by Tom Suddath and David Bender of Reed Smith to talk about...
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How AI Is Transforming the Practice of Law with Cristin Traylor
AI is moving into legal practice at remarkable speed, but there’s a big difference between experimenting with a new tool and trusting it with work that could affect a case, a client, or a legal decision. My guest is Cristin Traylor of Relativity, who brings an especially useful perspective to…
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The Texas Two-Step: Testing Bankruptcy Law and Jury Rights with Adam Silverstein
What happens when a company facing billions of dollars in mass tort claims is still financially healthy—but turns to bankruptcy anyway? In this episode, I’m joined by plaintiff lawyer Adam Silverstein of Otterbourg to talk about the Texas two-step, a restructuring strategy that can move mass tort...
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The Hidden Danger of Carbon Monoxide: Proving Exposure, Brain Injury & Liability with Sam Cannon
Carbon monoxide poisoning is one of the most dangerous—and most overlooked—sources of catastrophic injury. Because it's odorless, colorless, and often mistaken for the flu, victims may not realize they've been exposed until long after the evidence has begun to disappear. That reality creates…
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HIPAA Meets Social Media Marketing with Liz Heddleston and Leah Stiegler
In this episode, I get to speak with Liz Heddleston and Leah Stiegler of Woods Rogers about a healthcare compliance issue that many organizations may be underestimating: the HIPAA risks created by modern marketing practices. Healthcare providers increasingly rely on social media, patient...
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Bridge Funding for Injured Plaintiffs with Milestone Foundation's Rachel McCarthy
In this episode, I speak with Rachel McCarthy, Executive Director of the Milestone Foundation, about a challenge that often sits quietly in the background of personal injury litigation: how injured plaintiffs manage financially while waiting for their cases to resolve. Litigation can take months…
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What Has Happened to Law Firms with Mark Zauderer
In this episode, I get to speak with Mark C. Zauderer, a long-time, highly regarded legal professional, to explore the profound changes that have reshaped the legal industry over the past five decades. From the rise of mega law firms to the shift from a profession rooted in tradition and values…
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How Product Brands Navigate Today's Dupe Economy with Tiffany Gehrke and Alexa Spitz
In general, it is becoming hard to know what's real anymore. For example, there are so many product brand duplicates these days that people in the business save energy with a more efficient nickname. And these affectionately labeled brand "dupes" are everywhere. The real fight used to be over...
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Getting Digital Evidence Right with Tim Conlon
Mobile phones, social media, cloud storage, and email sit at the center of modern fact-finding, but, to their detriment and that of their clients, attorneys often misunderstand or underuse this data. Practitioners may not realize that client-provided screenshots are often forensically weak, or…
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Why a Big-Law Litigator Went Fractional with Jonathan Sablone
The conversation in this episode starts by discussing a post-pandemic practice pivot and how one litigator chose a new path, which led to establishing a new business at the intersection of law and finance. For a long time, the need for in-house counsel meant the company had crossed a certain size...
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Prediction Markets: Predicting the Legal and Policy Possibilities
This episode breaks down how prediction markets are colliding with U.S. law as event‑based trading moves from niche forecasting tools to mainstream platforms handling billions in volume. I explain what prediction markets are, why regulators are increasingly alarmed, and how an escalating...
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One Size Fits None in Modern Employment Law with Jerry Maatman
Numerous aspects of the modern workplace are evolving fast—and so are the legal risks. In this episode, I get to speak with Gerald L. Maatman, Jr.—a nationally recognized employment litigator and author with 40 years in practice. A partner with Duane Morris in Chicago, he has defended some of the...
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Agentic AI on Trial: You Be The Judge Part 2 - Smart City Traffic Control
A smart city traffic system powered by agentic AI promises efficiency—but what happens when it fails under pressure? This is the second episode in a three-part series exploring real-world legal and governance challenges surrounding agentic AI. In this episode, we examine a scenario where an...
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DOJ’s AI Litigation Task Force and What It Signals for Corporate AI Governance with Adria Perez
Regulators are no longer asking about AI principles — they want proof. Legal teams must show how their controls work, withstand scrutiny, and protect privilege. In this episode, I speak with Adria Perez about the evolving landscape of AI policy and what it means for corporate compliance. Our...
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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....
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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...
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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...
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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...
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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…
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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…
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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…
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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 &...
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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…
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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…
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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...
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CEO Depositions and the Apex Doctrine with Rachel Lary
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...
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From Socks to Strategy: What Zoom Focus Groups Reveal About Your Case with Elizabeth Larrick
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...
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What DEI Changes Mean for Employers Featuring Patice Holland
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....
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Wildfire Litigation: Building a Case and Establishing Liability with Ed Diab
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...
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Appellate Lawyers at Trial: Don't Wait Until Your Ox is in the Ditch with Jeff Doss
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...
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Wildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill
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...
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IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick
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.…
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Last Days of Patent Eligibility Confusion with Ryan Phelan
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...
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The EPA's New PFAS Safe Drinking Water Rule with John Gardella
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…
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When Chemical Crises Strike with Ed Gentle and Kip Benson
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…
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Humans at Work with Leah Stiegler
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…
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The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath
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...
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False Claims Act, Health Care Whistleblowers, and Whistling in the Wind with Justin Lugar
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…
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President Biden's Critical Infrastructure Cyber Memo and CrowdStrike's Whoopsie Daisy with Elizabeth Burgin Waller
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...
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Trademarks, Copyrights, Brands, T-Shirts, and Champagne with Tiffany Gehrke and Kelley Gordon
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…
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Algorithmic Software-Facilitated Price Fixing with Jonathan Rubin
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…
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Mitigating Greenwashing Litigation Risks with Ramya Ravishankar
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 –…
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Automation Comes to Our Litigation Nation with James Lee
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…
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Biometric Privacy Litigation and Coverage Disputes with John Leonard and Cort Malone
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...
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Mental Wellbeing and Fulfillment for Litigators: Sara Lord Interviews Gary Miles
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%...
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Litigation Prognostication with Dan Rabinowitz
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…
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Technology-Assisted Review: Sara Lord Interviews Data Scientist Lenora Gray
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…
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Jury Selection in the Age of Conspiracy Theories and Distrust with Tara Trask
Tom Hagy interviews jury and trial expert Tara Trask about picking juries in an age of misinformation, general distrust, tribalism, unleashed social media warriors, flamers, and propagandists, and unorthodox legal strategies that seem to unfold on a daily basis. All of these conditions began to...
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Transforming Legal Workflows with AI: Sara Lord Interviews Tara Emory and Wilzette Louis
“Of all the opportunities legal operations teams might identify to save time, money, and resources while potentially improving quality, Robotic Process Automation may currently offer the biggest and most immediate opportunities.” That is from the forthcoming book, "Legal Operations in the Age of…
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ABOUT THIS SHOW
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 [email protected].
HOSTED BY
Tom Hagy
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Frequently Asked Questions
How many episodes does Emerging Litigation Podcast have?
Emerging Litigation Podcast currently has 131 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Emerging Litigation Podcast 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,...
How often does Emerging Litigation Podcast release new episodes?
Emerging Litigation Podcast publishes regularly with 131 episodes available. Check the episode list for the typical release schedule.
Where can I listen to Emerging Litigation Podcast?
You can listen to Emerging Litigation Podcast on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Emerging Litigation Podcast?
Emerging Litigation Podcast is created and hosted by Tom Hagy.
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