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.

We talk about how remote work, ADA compliance, workforce reductions, arbitration, DEI policies, and AI tools are reshaping employment law.

We discuss:

▪️ How courts are redefining “essential functions” in the remote work era.
▪️ ADA compliance and running a defensible interactive process.
▪️ WARN Act risks in distributed and remote workforces.
▪️ Why RIFs require careful planning and statistical review.
▪️ Arbitration strategies post-Epic Systems—and where they fail.
▪️ Legal boundaries for DEI programs in a shifting landscape.
▪️ AI in hiring and performance management—and emerging compliance risks.

From policy design to litigation exposure, the message is clear: decisions must be documented, consistent, and defensible.

If you manage people, risk, or compliance, this episode offers practical guidance for navigating today’s complex employment landscape.

🙏 Special thanks to Jerry for taking the time to share his insights and experience with us. His energy and enthusiasm for the subject are inspiring.

To access a roadmap for navigating employment law complexities while building stronger, more productive workplaces, check out Jerry's book, 'The Employment Law Manual: A Practical Guide for Business Owners, Managers, and Executives'.

Tom Hagy
Host of The Emerging Litigation Podcast

______________________________________

Thanks for listening! 

If you like what you hear please give us a rating. You'd be amazed at how much that helps. 

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. 

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site 

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, and severe weather. The result—gridlock, crashes, delayed emergency response, and a life-threatening failure.

Featuring:

▪️ Galina Datskovsky, PhD, CRM, FAI — Board of Directors, FIT and OpenAxes; Information Governance and AI expert
▪️ Marina Kaganovich — AMERS Financial Services Executive Trust Lead, Office of the CISO, Google Cloud
▪️ Hon. Lisa Walsh — Florida Circuit Judge, 11th Judicial Circuit, Miami-Dade County

We explore what should have been built before deployment, including human oversight, escalation protocols, and safeguards that prioritize safety over optimization.

We also discuss:

▪️ Why AI systems can’t be trained for every edge case
▪️ The importance of validation, monitoring, and auditability
▪️ Legal liability and shared responsibility across cities, developers, and users
▪️ How sovereign immunity shapes public sector accountability

If you’re thinking about AI governance, liability, or public infrastructure risk, this episode offers a practical framework for evaluating responsibility before failures occur.

🙏 Special thanks to Galina Datskovsky, Marina Kaganovich, and Judge Lisa Walsh for sharing their insights and expertise, and to Kathryn M. Rattigan, Partner, Data Privacy + Cybersecurity with Robinson+Cole for bringing this team to the Emerging Litigation Podcast. 

______________________________________

Thanks for listening! 

If you like what you hear please give us a rating. You'd be amazed at how much that helps. 

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. 

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site 

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 real oversight, documented controls, and responsible use of AI. Adria shares practical insight into the challenges and opportunities AI presents for legal departments, as well as how governance frameworks can help companies adopt these tools with confidence.

Adria Perez is a partner in Reed Smith’s Global Regulatory Enforcement Group and a former member of the Volkswagen AG Independent Compliance Monitor and Auditor team. With deep experience at the intersection of enforcement, compliance, and monitorship expectations, she brings a perspective that in-house counsel and compliance leaders increasingly need as AI oversight rises to the board level.

During our discussion, we cover:

• Artificial intelligence as both a strategic asset and a compliance challenge
• The DOJ’s AI Litigation Task Force and what it signals for corporate oversight
• Best practices for responsible AI use, governance, and internal controls
• AI’s growing role in whistleblower complaints and internal investigations
• Workflow efficiencies and operational advantages AI can deliver
• Protocols and employee training essential for safe, effective adoption
• Communicating AI initiatives, safeguards, and successes to corporate boards

If you’re responsible for compliance, investigations, or AI governance, this episode offers a clear look at how legal teams can adapt and lead in a rapidly changing environment.

Special thanks to Adria Perez for sharing her insights and making the time to join us.

Tom Hagy
Host | The Emerging Litigation Podcast

______________________________________

Thanks for listening! 

If you like what you hear please give us a rating. You'd be amazed at how much that helps. 

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. 

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site 

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 Certification program, highlighting potential antitrust liability under the Sherman Act and FTC Act. 
• The Mansfield Rule’s origins, modeled on the NFL’s Rooney Rule, and its focus on expanding opportunities for underrepresented lawyers without mandating quotas. 
• Judicial decisions, including Perkins Coie LLP v. DOJ and Jenner & Block LLP v. DOJ, addressing claims of discrimination and political retaliation in the context of diversity initiatives and legal advocacy. 
• The Trump administration’s use of antitrust law to challenge perceived collusion in both legal and media sectors, including scrutiny of media partnerships like the Trusted News Initiative and high-profile media mergers. 
• Broader ideological and regulatory trends, including heightened enforcement, government intervention in media ownership, and ongoing appeals in federal courts. 

Discussion Points: 

• How coordinated diversity efforts may be viewed as labor-market collusion and the legal risks for law firms. 
• The intersection of antitrust law, freedom of speech, and diversity initiatives in shaping the future of legal and media industries. 
• The potential impact of executive orders and regulatory actions on the independence and competitive landscape of law firms and media companies. 

I discuss how law firms and media organizations must adapt to an environment of increased political scrutiny, regulatory enforcement, and ongoing legal challenges. Tune in for the latest in the evolving relationship between private power and government oversight. 

Tom Hagy
Host | Emerging Litigation Podcast

p.s. I know. I said D-O-G instead of DOJ. Speaking is hard. 

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site

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 Bloomberg's relatively new law firm ranking service that we think is pretty innovative. It helps firms make detailed, four-pronged examining of performance and effectiveness that goes beyond traditionally examined characteristics and metrics.  

The new Leading Law Firms program blends financial strength, talent, growth, innovation, and excellence-related metrics into an interactive experience where you can sort, compare, and drill into firm-level dashboards to reveal actionable metrics.

What makes it different? The data is submission-only and transparently shared, with sensitive answers aggregated for scoring rather than exposed as competitive intel. The tool is also unique in its ability to reveal -- via an interactive interface -- how small and midsize firms may innovate as well as, or faster than, the giants.

Who benefits? We talk through the types of professionals expected to get the most value out of this tool, e.g., business development and marketing leaders seeking sharper positioning, managing partners who desire meaningful and comparative performance metrics, among others.  

Enrollment is now open. Check it out! 

Disclosure: I am not being compensated for sharing this. God knows I've asked. 

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site

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 oversight. 

They answer this difficult question: When the machine gets it wrong, who is accountable? Developers, hospitals, clinicians, and/or data providers? What role do contracts, warnings, and intended-use labels play in establishing liability? What safeguards would balance speed and safety? Random audits? Documentation? Will a new standard of care develop for machine decision-making? 

I take the back seat in this series as the panelists moderate the discussion. They are:

Galina Datskovsky, PhD, CRM, FAI
Board of Directors, FIT and OpenAxes
Information Governance and AI expert

Marina Kaganovich
AMERS Financial Services Executive Trust Lead
Office of the CISO, Google Cloud 

Hon. Lisa Walsh
Florida Circuit Judge
11th Judicial Circuit, Miami-Dade County

Special thanks to Kathryn M. Rattigan, Partner, Data Privacy + Cybersecurity with Robinson+Cole for bringing this team to the Emerging Litigation Podcast. 

If you work in health tech, compliance, or hospital operations -- or you advise these professionals -- this conversation offers a clear-eyed guide to deploying autonomous agents responsibly—without sleepwalking into preventable harm. If you like what you hear, watch for Episodes 2 and 3. 

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site

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.

WHAT YOU'LL LEARN:

- How state cannabis laws are reshaping workplace drug testing policies
- Balancing employee privacy rights with workplace safety obligations
- ADA compliance and reasonable accommodation for substance use disorders
- What "fitness for duty" means and when it can be required
- Documentation strategies that protect employers from litigation
- Common misconceptions about prescription drugs and workplace impairment
- How legal drug use (medical/recreational cannabis) affects employment
- Building safety programs that respect employee rights and reduce accidents

KEY INSIGHTS:

✓ Safety and privacy aren't competing interests—employers must uphold both
✓ Documentation and consistency are your strongest legal defenses
✓ Legal drug use doesn't eliminate safety concerns but requires individualized accommodation
✓ 46 million Americans have substance use disorders—this affects every workplace

TIMESTAMPS:

00:00 - Substance Use in the Workplace: A Growing Concern
13:02 - Navigating Privacy and Safety in Employment
18:35 - Building Compliant Safety Programs
21:44 - Effective Safety and Assessment Programs
23:16 - Documentation and Accountability
26:27 - Understanding Fitness for Duty Processes
29:36 - Common Misconceptions About Drug Use
37:51 - Navigating Drug Regulations in the Workplace

ABOUT KEYA DENNER:

Keya Denner is a senior labor and employment litigator with over 20 years of experience representing employers in discrimination, disability, and compliance matters. He co-chairs Constangy's Cannabis & Employee Substance Abuse practice group and regularly counsels Fortune 500 companies in retail, hospitality, and logistics on building compliant workplace programs as cannabis laws evolve.

WHO SHOULD WATCH:

→ HR professionals and compliance officers
→ Business owners and executives
→ Employees using medical or recreational cannabis
→ Safety managers and team leaders
→ Anyone navigating employment law and drug policies

What's your experience with workplace drug policies? Share in the comments!

👍 Like if you found this helpful | 🔔 Subscribe for more employment law insights

#cannabislaw  #workplaceculture  #employmentlaw  #workplacesafety  #hrcompliance 

Emerging Litigation Podcast

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site

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 accomplished litigator in intellectual property and high-stakes commercial disputes, explained how artificial intelligence is transforming trial preparation and courtroom strategies. Adam described leveraging AI to enhance expert cross-examination, streamline evidence management, and improve witness preparation. He is particularly optimistic about AI’s predictive capabilities, whether evaluating case prospects before trial or refining overarching litigation approaches. 

He emphasized that the true potential of AI is realized when it is provided with structured, reliable data and guided by well-crafted prompts that specify the desired outcomes. By adhering to these principles, AI can efficiently summarize complex arguments, identify weaknesses in a case, and support attorneys in refining their strategies ahead of trial. In the area of witness preparation, AI is proving invaluable, enabling attorneys to anticipate challenging questions and help witnesses present more effective testimony. 

Adam is a partner at Reed Smith in Denver. With more than a decade of experience, he has handled multimillion-dollar cases, securing significant jury verdicts and defense wins at trial. His practice spans trade secrets, copyright, class action, and appellate matters. Adam is also a former appellate law clerk with experience in post-judgment and appellate proceedings. 

Adam earned his J.D. from the University of Denver Sturm College of Law and holds a B.A. from Pennsylvania State University. Alongside his legal work, he is involved in community service. He is an active member of the Denver Active 2030 Children’s Foundation (2010–present), where he has served as Vice President, Charity Review Committee member, and President. Adam has also contributed as a board member for Elder Justice Colorado and Denver Kids Inc. 

Thanks to Adam for such a candid conversation. Had I known he is also an archer I would have made a much bigger deal about it. The potential puns and metaphors, well, boggles the mind. At least mine.  

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site

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 law, marketing, and sales, John helps attorneys translate the language of business development into practical strategies that work even within law firm cultures. Can you imagine? Known for blending creativity, emotional intelligence, and big-picture thinking, he brings a unique perspective on how lawyers can stand out authentically and effectively in a crowded market.

John shares how traditional litigator traits—decisive, fast, commanding—can win in court but backfire with clients who value collaboration and reflection. He outlines a practical model for defining your professional brand through role, skill, context, and style—and explains why style may be your strongest differentiator.

We also dig into how introverted lawyers can grow client relationships through substance, not small talk, and how remote mentoring can actually strengthen early-career development with the right habits and feedback.

Whether you’re an associate building visibility or a partner looking to expand trusted relationships, this conversation will help you make your practice more resilient, referral-ready, and strategically aligned with how clients actually buy legal services.

Thanks to John for sharing his insight, humor, and practical wisdom on how to turn authentic connection into lasting business growth.

Tom Hagy
Litigation Enthusiast and Host of the Emerging Litigation Podcast

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site

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 standard that previously imposed a heightened evidentiary burden on white, heterosexual, or male plaintiffs claiming discrimination. As Leah explains, "There's no such thing as reverse discrimination. It's just discrimination." This simple yet insightful statement captures the essence of the Court's reasoning that Title VII protections apply equally to all employees, regardless of their demographic status.

Leah shares results from mock trials conducted with identical facts in different Virginia jurisdictions. A conservative Lynchburg jury awarded a white male plaintiff $600,000, while a more liberal Richmond jury found no discrimination whatsoever with the exact same evidence. This highlights how geography and community values dramatically influence discrimination case outcomes, sometimes more than the legal standards themselves.

We also explore the McDonnell Douglas burden-shifting framework that remains the analytical backbone of discrimination cases, the emerging concept of intersectional discrimination, and recent executive orders concerning religious expression in the workplace. Throughout our discussion, Leah offers practical insights for employers navigating these evolving issues, emphasizing that while the political discourse around DEI initiatives may be contentious, the fundamental prohibition against discrimination remains unchanged.

Whether you're an employer developing workplace policies, an HR professional conducting training, or an employee trying to understand your rights, this episode provides essential context for understanding how discrimination law is evolving in unexpected ways. Subscribe to the Emerging Litigation Podcast for more in-depth analysis of the legal issues shaping our workplaces and society.

This is Leah's second appearance on the podcast and I appreciate it! 

Tom Hagy
Host | The Emerging Litigation Podcast

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at [email protected].

Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more.

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site