ABA Insider TIPS

In this episode of Insider TIPS, Tamara Tomomitsu and George Wray explore how generative AI is reshaping legal reasoning, professional judgment, and the way lawyers are trained. They unpack the risks of “downloading the legal mind,” the difference between prediction and true reasoning, and why fluency can be mistaken for truth. The conversation also highlights practical ethical issues for Canadian and U.S. lawyers—competence, confidentiality, supervision, and candour—while offering a path to use AI boldly but never uncritically.

ABA TIPS is thrilled to announce our new series, “Leverage for Plaintiffs,” hosted by ⁠Jeremy Babener⁠⁠, settlement and tax counsel to plaintiffs and plaintiff firms. In this series we ask experienced plaintiff lawyers how they “gain leverage” for trial or settlement. In this episode we hear from California-based ⁠Genie Harrison⁠, a true women’s rights lawyer. Her practice focuses on employment cases, including harassment, discrimination, retaliation, as well as non-employment sex abuse cases. She helped secure a $100M settlement in an equal pay class action, $17M in recovery for victims of Harvey Weinstein, among many other wins. She was previously named Consumer Attorney of the Year by the ⁠Consumer Attorneys of California⁠, and also served as President of the ⁠Consumer Attorney Association of Los Angeles⁠.

Genie discusses the power of truly knowing your plaintiff clients, and how they were affected. “Our focus is on the reprehensible conduct of the defendant. And how we build the responsibility-narrative.” She also discusses the importance of the plaintiff’s “origin story.” What’s the context in which the plaintiff is living, and why was the defendant’s bad conduct so damaging?

Joan Schaffner has been an active member and leader of the Animal Law Committee for over two decades and has played a meaningful role in the advancement of Animal Law. As the Editor Emeritus for the ALC's newsletter, committee historian, and through various other roles, Joan has contributed to the growth and success of the committee since it began.

QSFs can allow plaintiffs time to plan (for structures, trusts, and tax language) even while giving defendants the ability to exit, and trial lawyers the option to receive their fees. In many ways they act like a “waystation.” Defendants get their release and deduction, while plaintiffs typically retain the option for the various strategies they want to consider and implement.

In this Series, TIPS explores what trial lawyers need to know about tax. Trial lawyer ⁠Shannon Davis⁠ sits down for a multi-part conversation with ⁠Jeremy Babener⁠, tax lawyer to plaintiff firms. He advises on cases across the country, and vets and designs many of the arrangements we use at settlement.

In most taxable cases plaintiffs are now taxable on the contingent fee portion of their recovery, and not just on their net recovery. Then their lawyers are too. Many call this the “plaintiff double tax.” It resulted from the 2017 Tax Cuts & Jobs Act, and was made permanent by the Big Beautiful Bill. In this episode we discuss when it hits , what trial lawyers can do and how to avoid it.

In this Series, TIPS explores what trial lawyers need to know about tax. Trial lawyer Shannon Davis sits down for a multi-part conversation with Jeremy Babener, tax lawyer to plaintiff firms. He advises on cases across the country and vets and designs many of the arrangements we use at settlement.

In this episode of Insider TIPS, Ashley N. Baker, co-editor of Truck Accident Litigation, Fourth Edition, sits down with contributors Mary Eliasen and Robin Squires to discuss their respective chapters. The conversation explores key topics including Insurance and Financial Responsibility and Canadian Truck Accidents. 

Purchase your copy of the book⁠ here: https://www.americanbar.org/products/inv/book/450767220/

Most trial lawyers have seen allocations in releases for wages. How about for medical expenses, interest, or particular types of other damages? In this episode we discuss the importance of allocations and how to make sure they’re respected by the IRS.

In this Series, TIPS explores what trial lawyers need to know about tax. Trial lawyer Shannon Davis sits down for a multi-part conversation with Jeremy Babener, tax lawyer to plaintiff firms. He advises on cases across the country and vets and designs many of the arrangements we use at settlement.

In this episode of Insider TIPS, we take listeners behind the scenes of the newly released 4th Edition of Truck Accident Litigation, one of the ABA’s most relied-upon resources for attorneys handling complex commercial trucking cases. Editors Ashley N. Baker and DJ Young, III dive into how the book came together, the work of more than 30 contributing authors, and how the book reflects today’s legal, technological, and regulatory landscape. Through candid conversation, we explore emerging issues, practical strategies, and the evolving standards that shape modern trucking litigation. This episode offers both an inside look at the making of a major legal resource and actionable insight for lawyers navigating this rapidly changing field.

Releases have the ability to dramatically affect a plaintiff’s tax treatment. When drafted well, they can even shift the burden of proof from the plaintiff to the IRS if there’s ever an audit. In this episode we discuss how to make the most of language in releases and settlement agreements.

In this Series, TIPS explores what trial lawyers need to know about tax. Trial lawyer Shannon Davis sits down for a multi-part conversation with Jeremy Babener, tax lawyer to plaintiff firms. He advises on cases across the country and vets and designs many of the arrangements we use at settlement.

Most professionals can’t defer their fees except within limited and government-approved paths. Deferring can be incredibly valuable, so many professionals maximize contributions to their IRA. Trial lawyers are uniquely able to defer an unlimited amount by using the same authorities that plaintiffs do to effect structured settlements. We discuss their options in this episode.

In this Series, TIPS explores what trial lawyers need to know about tax. Trial lawyer Shannon Davis sits down for a multi-part conversation with Jeremy Babener, tax lawyer to plaintiff firms. He advises on cases across the country and vets and designs many of the arrangements we use at settlement.