Emerging Litigation Podcast

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 that texts and social media can easily be forged or manipulated. That means lawyers and courts need to better understand authenticating, pre...

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 threshold: enough contracts, enough regulatory touchpoints, enough disputes and enough litigation to justify building a legal department....

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 federal–state fight (plus new legislative and enforcement pressure) is setting up the next wave of high‑stakes litigation. 

Key Topics Covered: 

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 largest “bet-the-company” class actions in the U.S. and is known for helping employers anticipate and prevent large-scale litigation risks...

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 autonomous system managing traffic signals, routing, and emergency coordination collapses during a perfect storm: a major event, road closures, a...

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 conversation focuses on the U.S. Department of Justice’s AI Litigation Task Force and the growing expectation that organizations demonstrate re...

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 C...

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 Bloomb...

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 ove...

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.

WHA...

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 acc...

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 standar...

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 l...

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 ...

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 dis...

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 product...

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...