Emerging Litigation Podcast

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 wo...

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 knowledge or expertise may have little or nothing to do with the facts and issues in a case. 

In this episode, I talk with Rachel M. Lary, a...

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 groups are changing the way lawyers prepare for trial. Elizabeth shares what she’s learned from conducting over 1,000 Zoom focus groups—ins...

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. Holland, a Principal at WoodsRogers in Roanoke, Va. Patice shares with me what companies need to know as they reassess their DEI initiativ...

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 complex legal battles now unfolding.

My guest, Ed Diab, is a founding partner of Diab Chambers LLP, a boutique law firm with a sharp focus...

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 appellate attorneys perform at trial? Are they listening for errors or proactively guiding trial counsel? Do they ever address the ...

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 than 12,000 structures destroyed and tens of thousands displaced, the economic impact is estimated between $135 billion and $15...

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. 

These unique digital certificates, recorded on a blockchain, exploded onto the scene in post-pandemic 2021 with record-breaking sal...

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 Westinghouse, and Nikola Tesla "clashed with sparks flying over AC and DC electrical power systems," a ...

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 recorded for HB Litigation a couple months back. Since then,  if you’ve been following PFAS developments, you know pushback on the rul...

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 C. "Ed" Gentle III and Katherine "Kip" Benson of Gentle, Turner & Benson LLC, about legal activity that ...

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 whether we supervise them. And sometimes we work more than regular hours, either because we’re directed to or because we’re willing to do what...

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 perpetuate poverty by diverting resources away from essential services and benefiting the wealthy and powerful. It can undermine de...

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 firms and a record number of whistleblower cases. Still, some healthcare providers and hospital systems tend to hide their heads in their scru...

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 Resilience,  and its implications for sectors like energy, water, and transportation.

Our guest, Elizabeth Burgin Waller,...

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 two cases. One is Vidal v. Elster, better known as the “TRUMP TOO SMALL” case. Just decided by the Supreme Court, this deals with...

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 to share private information directly with competitors. Instead, they claim, they feed their data to a third-party which uses al...

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 – or Environmental, Social and Governance – reporting and so-called greenwashing litigation have implications for a wide rang...

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 modern tools to do in minutes what used to take hours. These tasks include responding to demand letters, complaints, and discovery requests, an...