IADC Speaks

In this inaugural “Speaking with the Smiths” podcast episode, IADC President Michele Smith (MehaffyWeber) interviews Ed Sledge (Bradley Arant Boult Cummings LLP) about life, SEC football, his connection to the IADC, and the “SLEDGENDARY” 49th Annual Trial Academy held at Stanford Law School.

In “Montreal Convention of 1999,” Thomas W. “Trea” Southerland III and Tom Murrey, both Lead Counsel for Federal Express Corporation in Memphis, TN, cover the Montreal Convention of 1999 on the October 2022 IADC Transportation Committee call. They share the practical information you need to know and provide perspective on how to litigate those cases.

In “Defense Counsel Journal Highlight: Out-of-State Witnesses: Are Zoom Trial Appearances a New Normal?,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and past IADC Defense Counsel Journal Editor, speaks with Alaina Devine, also a member of Campbell, Conroy & O’Neil (Boston) about how federal courts are increasing exercising nationwide jurisdiction to compel out-of-state witnesses to testify at trial via Zoom. Alaina and Christopher discuss the interplay between Rules 43 and 45 of the Federal Rules of Civil Procedure and how various court decisions around the country have differed on which rule applies to the situation of out-of-state witnesses and how parties must proceed at trial.

In “Defense Counsel Journal Highlight: PFAS Exposure: A Comprehensive Look at Emerging Facts and Studies, Risk and Liability Assessment, Litigation History, Evolving Regulations, and Future Predictions,” Christopher B. Parkerson, member of Campbell, Conroy & O’Neil, P.C. (Boston) and IADC Defense Counsel Journal Editor, speaks with Craig T. Liljestrand, a partner in Hinshaw & Culbertson LLP’s Chicago office. Craig and Christopher discuss the background and history of PFAS litigation and engage in a very interesting discussion about both regulatory action, state actions, and thoughts regarding what the future holds for these cases.

In “Defense Counsel Journal Highlight: Lessons From a Year in Crisis: Do’s and Don’ts of Crisis Management,” Christopher B. Parkerson (member of Campbell, Conroy & O’Neil, P.C.; Boston) IADC Defense Counsel Journal Editor, speaks with Michael C. Zogby (partner of Faegre Drinker; Florham Park, NJ), Kaitlyn E. Stone (associate of Faegre Drinker; Florham Park, NJ), and Claudia V. Garcia (Corporate Counsel at Exelixis, Inc.; San Francisco). Michael, Kaitlyn, Claudia, and Christopher discuss data driven and tested methods to address crisis management and engage in a very interesting discussion about the do’s and don’ts an organization should consider when responding to an emergency.

In “Defense Counsel Journal Highlight: Turning the Tables: Non-Retained Experts for Defendants,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and Defense Counsel Journal Editor, speaks with Chad R. Hutchinson and Stephen P. Huwe, of Butler Snow LLP (Jackson, MS). Chad, Stephen, and Christopher discuss the procedures and benefits related to disclosing non-retained experts and engage in very interesting discussion about the best practices related to such a disclosure along with thoughts related to when and how it may benefit cases.

In “Defense Counsel Journal Highlight: Will Social Media Platforms Continue to Avoid Litigation Faced by Offline Counterparts?,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and IADC Defense Counsel Journal Editor, speaks with Peter J. Pizzi, Walsh Pizzi O’Reilly Falanga (Newark). In this interview, they discuss Section 230 of the Communications Decency Act of 1996 with a specific focus on recent criticism and proposed changes to the law. Peter and Christopher engage in a very interesting discussion about current events related to social media and policy issues that have impacted the way Congress, Courts, and the public view the immunities offered by Section 230 and compare the treatment of online platforms to offline counterparts.

In “The Transportation Industry, COVID-19, and IADC Membership,” IADC Transportation Committee Chair Mitch Smith, principal at Germer PLLC (Texas), Heather Devine, partner at Alexander Holburn Beaudin + Lang LLP (Toronto), and Kurt Gerstner, Senior Attorney at Dentons Lee (Seoul, Korea) casually discuss the latest in the transportation industry, COVID-19 and its influence on business practices, and how to get involved and noticed in the IADC.

In “Defense Counsel Journal Highlight: The Role of Cognitive Fatigue on Witness Preparation,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and IADC Defense Counsel Journal Editor, speaks with John M. Nunnally, Ragsdale Liggett (Raleigh). In this interview, they discuss ways to prevent poor witness performance at deposition with a specific focus on the role cognitive fatigue plays on the quality of deposition testimony. John and Christopher talk about strategies ranging from reptile theory to document review and how properly timed breaks, structured to allow the witness to refresh his or her mind, can help avoid witness mistakes and bad testimony.

In “Defense Counsel Journal Highlight: Genomics in the Courtroom - The Current Landscape of DNA Technology in Criminal and Civil Litigation,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and IADC Defense Counsel Journal Editor, speaks with Scott Elder, Alston & Bird (Atlanta) and Dr. David H. Schwartz, Chief Scientific Officer at Innovate Science Solutions. In this interview, they discuss the legal landscape for genetic testing and DNA sequencing and how it impacts causation defenses and other proof issues at trial. Dr. Schwartz adds to the conversation by talking about the practical and scientific issues related to deciding how and what type of testing to do and how genetic testing data can be presented at trial.