SharkCast

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.

We often hear of litigation trends described in dramatic terms: “the floodgates will open” or “a tidal wave of claims is coming.” Often the predictions end up being off the mark. But with respect to website privacy claims, companies being deluged in litigation claims and the metaphors are apt.  A number of law firms in California and elsewhere are bringing large number of individual lawsuits, class actions and mass arbitrations.  Any company with a website that seeks to capitalize on gathering data on website activities is vulnerable. These cases present unique substantive and procedural challenges. In this episode, Deb Howitt, Austin Chambers and Jessica Leano explain the merits of these claims, how courts and arbitrators are reacting to these trends and what companies should do to be prepared for the tidal wave.

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.

Mandate disclosures relating to climate change represent a new trend in the U.S. and around the world. Recent additions to the climate change regulatory landscape include a new mandate by the SEC and three new laws enacted in California. These climate change provisions portend similar regulations at state and federal levels, as well as around the world. In this episode, Dorsey attorneys Brian Bell and Kayla Race explain the requirements and applicability of the SEC rules and California statutes with Dorsey attorney and podcast host Kent Schmidt. Learn what steps to take to ensure compliance, including the accuracy and completeness of the mandatory disclosures. The discussion also covers how a failure to comply with these climate-related obligations may lead to not only regulatory actions and penalties, but also litigation by shareholders, consumers, and other stakeholders.

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 challenges of navigating complex litigation increase substantially when parties are required to litigate in a far flung jurisdiction. Litigation in an unfamiliar jurisdiction challenges assumptions about how the litigation process unfolds. Expectations on the timing, sequence and a prudent strategy invariably need to be adjusted to the new norms of the jurisdiction that will be adjudicating the dispute. In this episode, Dorsey London Partner Aymen Khoury and Partner/Podcast Host Kent Schmidt discuss key differences of commercial litigation in the U.S. and Europe, as well as how companies sued in an international litigation can be prepared before entering unfamiliar territory of foreign litigation.

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.

Many complex litigation claims turn on the ultimate question of how a reasonable person perceives an advertisement, marketing message, or business practice. Courts in recent years have been required to decide the admissibility of consumer surveys, separating flawed survey models from those which rise to the level of competent evidence. In this episode, Dorsey Seattle Partner Mike Keyes explains the nuts and bolts of consumer surveys, and how this discipline is often misunderstood with Podcast Host and Dorsey Partner Kent Schmidt.  This episode discusses how Mike’s background as a trademark litigator led him to obtain further training in this science. Listen to learn how litigants can be prepared to either proffer or rebut consumer survey evidence in trial proceedings.

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.

One of the most evolving and dynamic categories of litigation risks relates to a company’s employees. Crewmember litigation is what we refer to as the fifth C of the Five Litigation Risks. Each year, new legislation is signed into law and landmark decisions are issued, broadening this risk and the duties of employers to employees. Invariably, the scope and nature of the risk increases, as the trend is to provide employers with more protections. Metaphorically, the trap door on which employers may unwittingly be standing may spring at any minute with a new litigation claim. 

 In this encore episode, California-based Dorsey Partners Nisha Verma, Heather Dillion, and Podcast Host and Partner Kent Schmidt return to SharkCast to highlight trends on the horizon and offer practical insights on how to navigate these litigation risks. Among other topics, this episode discusses cannabis in the workplace, workplace violence prevention, regulating debates among employees on political and social issues, and new trends in wage and hour litigation.

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 prudent step in avoiding litigation claims is securing protection for trademarks and other distinctive marks from the time of a company’s initial launch through its maturation and expansion. How can companies effectively manage their trademark portfolios and think about cross-border implications as the business expands to new markets? In this SharkCast episode, Dorsey Partner/Podcast Host Kent Schmidt, Dorsey Partner Sarah Robertson, and Dorsey Associate Breanne Wernars provide practical insights on trademark protection best practices.

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 U.S. and European economies collectively represent a third of global trade in goods and services, and close to a third of the world’s GDP. It follows that a staggering amount of personal data is exchanged between U.S. and European-based companies. The collection and use of data of EU citizens raises significant regulatory and consumer litigation concerns. In this episode, Dorsey Partner/Podcast Host Kent Schmidt and London-based Dorsey Partner Ron Moscona explore how the GDPR regulatory scheme differs from the emerging U.S. standards on consumer data privacy protection, and recent developments governing data transfer.

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.