Emerging Litigation Podcast

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 court or sit quietly at the defense table or maybe in the back row?

To answer these questions and more is Jeffrey P. Doss, a partner in the White-Collar Criminal Defense & Corporate Investigations practice group at Lightfoot, Franklin & White LLC, a civil defense litigation firm. Jeff has served as appellate counsel for an automobile manufacturer for 10 years. In this role, he has supported trial teams pre-trial, at trial, and post-verdict through appeal. Jeff has developed and implemented strategies to address a range of legal issues, from jury selection errors to expert exclusions, evidentiary objections, and post-verdict challenges to punitive damages awards.

Thanks to Jeff for taking the time to share his insights on this, and for entertaining my curiosity about the efficacy of beards in the practice of law.

If you have comments or wish to participate in one our projects please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
LinkedIn

______________________________________

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 

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 $150 billion.  

On a new episode of the Emerging Litigation Podcast, we discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. We also discuss a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact.

My guests are all from the long-time insurance recovery law firm of Anderson Kill. Dennis Artese is a shareholder in the New York office and is chair of the firm’s Climate Change and Disaster Recovery practice group. Marshall Gilinsky is a shareholder the firm’s Boston office and practices in the firm’s Insurance Recovery and Commercial Litigation groups, as well as its Restaurant, Retail & Hospitality Group. Joshua Gold is a shareholder in the New York office. He chairs the Cyber Insurance Recovery Group and co-chairs the Marine Cargo Insurance Group. He also handles directors and officers insurance and business income/property insurance matters.

If you have comments or wish to participate in one our projects please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
LinkedIn

______________________________________

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 

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 sales and widespread media coverage. One of the most amazing examples is "The Merge" by the anonymous artist Pak, which sold for a staggering $91.8 million. 

The Bored Ape Yacht Club is another fascinating story. This collection of 10,000 unique, cartoonish apes, each with its own distinct features, became incredibly popular in 2021. Owning a Bored Ape would become a status symbol in the NFT community.

However, the meteoric rise of NFTs was followed by a significant downturn, leading many to question the future of NFTs. While the initial hype and astronomical prices may have subsided, the underlying technology and potential of NFTs remain promising.

For insights into this evolving landscape, listen to my conversation with Cameron Pick of Marshall Gerstein. An experienced expert in intellectual property law with a focus on emerging technologies, Cameron advises clients on a range of legal issues related to NFTs, blockchain, and cryptocurrency. He holds a J.D. from Duke University School of Law and a B.S. with honors in electrical engineering from the University of Illinois, Urbana-Champaign.

This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
LinkedIn

______________________________________

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 

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 corny description suggested by my AI editor.

Having read the book, it was fun to speak with modern day attorney Ryan N. Phelan of modern day Marshall Gerstein. Listen as this seasoned patent attorney walks me through: 

• The intricate landscape of patent eligibility in the United States. 
• Twin patent law decisions from the Supreme Court -- Mayo and Alice (the name of a singer-songwriter group if I ever heard one, or a sandwich shop).
• The proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions. 

*******

This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
Follow us on LinkedIn
Subscribe on your favorite platform! 

______________________________________

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 

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 rule is coming from several directions, as our guest predicted. Industry groups, chemical manufacturers, and water utilities alike are challenging the rule as, among other things, arbitrary and capricious and exceeding the EPA’s authority. Water utilities are especially concerned about compliance costs. 

On the technical side, there is debate over whether current technology can even reliably detect PFAS at the levels EPA seeks. Also raised are the complexities associated with increased monitoring and lab testing. 

Our guest is John P. Gardella, whose 2024 CLE webinar on the subject explored the PFAS litigation landscape, from multidistrict and class action lawsuits to medical monitoring and greenwashing claims. He talks about federal and state regulations that are driving litigation, and offers an outlook for what may be in store in the next few years. 

A leading voice in PFAS litigation and recognized thought leader, John is a Shareholder at CMBG3 Law, known for his expertise in environmental and toxic tort litigation. A veteran of more than 75 trials, John chairs the firm’s PFAS, Environmental, Risk Management & Consulting, and ESG practice groups.

This episode comprises audio from John's excellent webinar. If you are interested in the CLE version of the episode, look for it on the West LegalEdcenter. Go to our page to learn more and to use our partner link. 

*******

This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
Follow us on LinkedIn
Subscribe on your favorite platform! 

______________________________________

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 

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 goes on in the immediate aftermath of a toxic event, using as a backdrop the recent chemical plant disaster that forced 17,000 Conyers, Georgia, residents to evacuate and many more to  shelter in place as a toxic plume hung stubbornly over the homes of as many as 100,000 residents. Ed and Kip draw on their deep experience resolving this type of litigation -- including the settlement of a 20-year-old disaster at the same location -- to discuss the flurry of activity that unfolds at law firms and inside legal departments within hours of a disaster. They also share the impact on such cases of a recent $600 million court-approved settlement of claims that followed the highly publicized toxic train derailment that occurred in East Palestine, Ohio, in early 2023.

This is Ed Gentle's second appearance on the podcast. He spoke with me on Episode 48 titled Medical Monitoring for Modern Times. He was the featured speaker on that subject for an HB CLE webinar distributed on the West LegalEdcenter, then Kip Benson joined him for an advanced level webinar on the Medical Monitoring Tort Remedy. You can download his article on the subject for free as published in the Journal of Emerging Issues in Litigation.

*******

This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
Follow us on LinkedIn
Subscribe on your favorite platform! 

______________________________________

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 

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 it takes to help our teams succeed. The workplace can be a labyrinth of tricky situations, and employers need to know how to make sure workers are able to navigate them smoothly, appropriately, and within changing laws and regulations.  

Our guest is Leah M. Stiegler, a principal attorney at Woods Rogers, who comes to the podcast with extensive experience across a broad spectrum of employment law matters. Leah is a trusted advisor to employers, providing guidance on complex personnel issues, performance management challenges, and fostering a positive work culture. Leah earned her J.D. from University of Richmond School of Law, cum laude, Order of the Coif, and her B.A. and B.S. degrees from Virginia Tech, summa cum laude.  

Listen as Leah shares practical solutions for a variety of challenges, like love at work, pregnancy at work, discord at work, harassment at work, and working overtime. She talks about gender identity protections, implicit biases, and microaggressions, plus conducting administrative investigations, and ideas to mitigate risk, stay out of court, and maintain a positive work environment.  

Thanks to Leah for sharing her insights on issues that arise where many of us spend most of our waking hours – at work! Her enthusiasm and passion for this work will be obvious to anyone who listens. I hope you enjoy it as much as I did producing it. 

*******
 
This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
Follow us on LinkedIn
Subscribe on your favorite platform. 

______________________________________

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 

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 democratic institutions and erode public trust in governments. It can hinder sustainable development by diverting resources away from essential infrastructure and social services.

The Foreign Corrupt Practices Act, or the FCPA – the government’s leading weapon in this global war on corporate crime – has far-reaching implications for companies engaged in international business. For those who violate it the consequences can be severe. And with the recent addition of the Foreign Extortion Prevention Act (FEPA), the federal government has even more to work with. 

I had the pleasure of learning more about this fascinating and complex area of the law by speaking with two attorneys with Reed Smith who practice in the firm’s Global Regulatory Enforcement Group. 

Mark E. Bini is a former federal and state prosecutor in New York, has led multiple multi-year cross-border investigations of corporations and individuals and has particular experience in investigations involving potential Foreign Corrupt Practices Act (FCPA) violations. As a prosecutor, he worked closely and in parallel with many domestic and foreign law enforcement agencies and regulators, including the United Kingdom’s Financial Conduct Authority and Brazil’s Ministerio Publico Federal.

Thomas H. Suddath, Jr., is a former Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney’s Office in Philadelphia, has extensive experience conducting international and domestic internal investigations and frequently counsels companies on compliance and voluntary disclosure issues related to the FCPA. He has handled FCPA and other internal investigations in many countries including Russia, Poland, Turkey, Greece, Hungary, Czech Republic, Mexico and Colombia.

Thanks to Mark and Tom for sharing their insights based on decades of experience.

*******

This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
Follow us on LinkedIn
Subscribe on your favorite platform.

______________________________________

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 

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 scrubs after being served. 

Today we’re going to talk about how whistleblower cases come about, the benefits of rewarding whistleblowers, how things are done differently outside the U.S., what’s driving the acceleration of this area of law, and best practices when your company is served.  

Drawing on his background as both public servant and private practitioner, my guest, Justin M. Lugar, counsel with WoodsRogers in Roanoke, Virginia, is going to walk through these issues and others. 

Justin represents clients in all types of government investigations. He’s obviously well suited for the task. Prior to WoodsRogers he was Assistant U.S. Attorney in the Western District of Virginia, where he led the Affirmative Civil Enforcement team managing dozens of fraud investigations, many of which had parallel criminal investigations under the False Claims Act and related state statutes. 

Justin served as the Department of Justice’s Civil Health Care Fraud Coordinator, Affirmative Civil Enforcement Coordinator, and Civil Rights Coordinator for the Western District of Virginia. Justin was recently recognized by the Drug Enforcement Agency for his efforts enforcing the Controlled Substances Act, leading to the largest fine assessed against a hospital system in the United States at the time.  

When he was a  federal prosecutor, Justin led investigations involving numerous state and federal agency partners, from the FBI to the IRS to the Department of Energy to the FDA and the Defense Department.  

Justin started his career at a major global firm in London, conducting international investigations around the globe.  But my favorite part of his background is – when he was a religious studies major in college – he lived at a Tibetan Buddhist Monastery in Kathmandu, Nepal. Not to brag, but I just returned from Vermont. 

There is more to Justin’s background, like his LLM in international dispute resolution, which he earned at the School of Oriental and African Studies at the University of London, his J.D. from Liberty University School of Law, and his B.A. from the University of Virginia.  

*******
This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
Follow us on LinkedIn
Subscribe on your favorite platform. 

______________________________________

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 

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, from Virginia's WoodsRogers law firm, brings her extensive knowledge in privacy and cybersecurity law to the discussion.

Join us as we discuss ransomware as a service, shedding light on its franchise-like model and the significant challenges in tracking and prosecuting these cybercriminals, especially those hiding in countries like Russia. We discuss the recent takedown of the LockBit ransomware gang under Operation Kronos, and the persistent and growing complications of IoT security.

CrowdStrike's recent software glitch, while not a malicious attack, serves as a stark reminder of the importance of testing and transparency around cyber incidents, and the vulnerability of the systems that drive critical industries. Tune in for expert insights and reflections on the evolving regulatory landscape and what it means for mitigating risk in the Digital Age.

Beth is Principal and Cybersecurity & Data Privacy Practice Chair at WoodsRogers. In addition to a J.D. from William and Mary School of Law, she is certified as a Privacy Law Specialist by the International Association of Privacy Professionals (IAPP), which is accredited by the American Bar Association, a Certified Information Privacy Professional with expertise in both U.S. and European law (CIPP/US & CIPP/E), and a Certified Information Privacy Manager (CIPM), also from the IAPP. Beth also graduated magna cum laude with a B.A. in creative writing, so maybe I should have let her write the show notes.

*******

This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at [email protected].

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
Home Page
Follow us on LinkedIn
Subscribe on your favorite platform. 

______________________________________

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