The connection between changes on the regulatory horizon and the creation of new theories of liabilities in civil litigation is well known. A new regulation often creates or expands a standard of care or obligation for a company that a plaintiff, including a consumer in a class action, can point to as a predicate for a tort or other legal theory. The nexus between the regulatory landscape goes even further. In this episode Kent Schmidt interviews Dorsey Partner Seth Goertz on the unconventional mix between cybersecurity standards and False Claims Act, which empowers whistleblowers to bring lucrative claims for even small deviations. This creates a template for whistleblowing and cybersecurity standards even in the private sector, creating a litigation risk even where there has been no data breach.  

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

The creative industries, including music and all forms of publishing, have been disrupted perhaps more than any other in the wake of the AI revolution, as new creative powers are unleased, allowing anyone to generate new content with ease.  With these innovation comes litigation risks of copyright infringement. Courts are keeping pace with these rapid AI advancements, applying well-known principles such as “fair use” and other copyright doctrines. In this episode, Kent Schmidt interviews Dorsey Partner Mike Keyes on one such AI copyright case and what it means for creative industries managing copyright litigation risks in an AI-dominated world.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

In the current volatile environment, societal and political shifts have resulted in increased uncertainty about how employers are to respond to issues ranging from the reversal of DEI standards and norms, changes in EEOC guidance and more claims of reverse discrimination. We are seeing greater division employees on social and political issues with social media providing everyone a platform to speak, espousing diverse viewpoints. In this episode, Dorsey labor and employment partners, Nisha Verma and Aaron Goldstein offer practical guidance on how HR professionals and others responsible for employment claims can address the risks of employment claims in a new era of social backlash.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

Hidden fees that consumers learn about late in the process of completing a transaction are increasingly targeted in state and federal legislation.  Using names such as “junk fees” and “drip pricing”, these laws create new litigation risks for companies. This episode covers the new statutes as well as FTC regulations, application in common scenarios, pending litigation claims, all to better understand how businesses and those who advise them can avoid these lawsuits. SharkCast host Kent Schmidt interviews Dorsey attorneys Matt Ralph and Alex Hake on these issues, including what these developments mean for class action risks.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

Consumer litigation risks are a significant concern for companies selling products and services for personal use, including consumer class action lawsuits, as well as scrutiny and enforcement actions from the Federal Trade Commission, state attorneys general, and district attorneys. Mitigating these risks requires understanding how self-regulatory organizations (SROs) work. In this episode, Kent Schmidt interviews Dorsey Partner Fara Sunderji on SROs, focusing on the National Advertising Division (NAD) of the Better Business Bureau, exploring how NAD handles complaints, coordinates with the FTC, and serves as a resource in understanding and defending against consumer litigation risks.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

A key aspect of identifying litigation risks is uncovering where a company deviated from its established practices, best practices, internal guidelines, or stated values. This process often reveals critical issues, making it advisable for companies to engage counsel to conduct an internal review or third-party investigation. In this episode, SharkCast host Kent Schmidt interviews Dorsey Partner Margot Laporte on internal investigations. These investigations aim to determine what went wrong, why it happened, and whether any illegal conduct occurred that may need to be reported to authorities.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

Wage claims make up a significant portion of employment litigation, often presenting unique challenges for companies. In this episode, SharkCast host Kent Schmidt interviews Dorsey Partners Aaron Goldstein and Nisha Verma on wage and hour claims. They discuss effective litigation strategies, common pitfalls for employers, and the distinct issues that arise in these cases. 

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

Antitrust law is complex, demanding a clear grasp of its nuances, especially in identifying permitted versus prohibited conduct. In this episode, SharkCast host Kent Schmidt interviews fellow Dorsey Partner Tony Badaracco about the evolving landscape of antitrust law. With new decisions and emerging trends, staying informed is crucial.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

Litigation is an inherently adversarial process. At times the contentiousness and acrimony become a challenge for the parties to address. Hostility increases the costs of litigation as well as the stress levels of all participants. For those reasons alone, counsel must be able to deal with aggressive and unreasonable adverse parties and continually develop these skills. In this episode, Kent Schmidt interviews Jennifer Coates and Ashley Repp on how to handle hostile adversaries in litigation, what courts are doing about a lack of civility and secrets to keeping a level head and maintaining mental health during the battle.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

On April 23, 2024, the Federal Trade Commission (FTC) issued a Final Rule banning the use of non-compete provisions in employment contracts. While subject to legal challenges, the federal standards, combined with diverse state rules on such provisions (ranging from complete bans to general permissiveness) create new challenges for employers. Employers must tread carefully in understanding how to protect confidential information and trade secrets from walking out the door with departing employees. In this episode, Kent Schmidt interviews Nicholas Pappas on the substance, status and exceptions to the FTC rule and how employers, these issues given, the evolving legal landscape.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.