The Litigation War Room

The Litigation War Room

By Maxwell GossBusiness
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The Litigation War Room episodes

  • Eminent Domain Litigation with Jerome Pesick

    On this episode, Maxwell Goss interviews Jerome Pesick, a leading litigator in the areas of eminent domain and land use law. A frequent author and speaker on eminent domain topics, Jerry is a trusted authority for several print and broadcast news outlets.

    Jerry discusses some of the important matters he has handled, including a landmark case in which he secured for his client the largest eminent domain verdict in Michigan history. Throughout the interview, Jerry also provides useful insights on selecting a jury and on the unique challenges of litigating against government entities.

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    “The appraisals are complicated. It’s something that most citizens never deal with in their everyday lives. So you have to get down into the nitty gritty, explaining to them the details of how we got here, what the property means to our client, and how the valuation process works.”-Jerome Pesick

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    • 00:18 – Introduction
    • 01:32 – About Jerome Pesick
    • 02:56 – What is eminent domain?
    • 07:28 – Detroit v. Detroit Plaza Ltz. Partnership
    • 17:04 – Juries and eminent domain
    • 18:54 – Gordie Howe International Bridge
    • 23:15 – Litigating against government entities
    • 25:10 – Local politics and eminent domain
    • 27:45 – Where to find Jerome Pesick online

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    Jerry Pesick’s practice areas include eminent domain, condemnation, land use, and property taxation. Over his more than 40-year career, he has tried and settled condemnation cases across Michigan for tens of millions of dollars. He also regularly represents clients in major tax appeal cases involving all types of business properties throughout the state. Well-known for his talents and accomplishments, Jerry has represented clients in virtually every major condemnation project in Michigan, such as the Gordie Howe International Bridge; Poletown; the Detroit Waterfront Casino and Reclamation Project; Comerica Park and Ford Field; the I-696, M-59, M-5, Northwestern Connectors; and many others.

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    • Jerome Pesick’s Attorney Bio

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    The Litigation War Room is hosted by litigation lawyer Maxwell Goss. Max represents clients in intellectual property and business cases throughout Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.

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    31 min
  • Celebrity Divorce Lawyer Chris Melcher

    On this podcast episode, Maxwell Goss interviews celebrity divorce lawyer Christopher Melcher. Chris has been quoted and featured in media outlets including ABC News, CNN, Fox News, USA Today, and Entertainment Tonight. Chris gives his take on the Johnny Depp-Amber Heard trial and the custody battles between Brad Pitt and Angelina Jolie. He also provides insights for all lawyers on how to handle cases involving explosive personal allegations.

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    “Gone are the days of being quiet . . . Social media is dominant.Anyone can create a social media post, and if it’s about something interesting enough, it can just take off. I don’t think we have the luxury of waiting and saying, ‘let’s think about this for three weeks.'”-Christopher Melcher

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    • 00:18 – Introduction
    • 01:12 – About Christopher Melcher
    • 02:55 – How Chris got into celebrity divorce law
    • 05:08 – Johnny Depp v. Amber Heard
    • 13:58 – The "Me Too" movement and the Depp/Heard trial
    • 18:39 – Likeability and credibility
    • 24:15 – The verdict and its implications
    • 26:11 – The Brad Pitt and Angelina Jolie saga
    • 33:40 – Advice to attorneys handling bad facts
    • 36:36 – The pros and cons of going public
    • 39:08 – Where to find Chris Melcher online

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    Christopher Melcher represents A-list celebrities, business owners, and trust beneficiaries in high-stakes divorces. With deep experience in complex family law litigation and premarital agreements, Chris provides tactical representation in the most challenging family law disputes. Chris has presented about 200 continuing legal education programs on complex family law issues, and wrote the only treatise on California premarital agreement law. Chris is also an adjunct professor of family law at Pepperdine University School of Law in Malibu.

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    • About Chris Melcher
    • Chris Melcher on the Johnny Depp-Amber Heard Trial on ABC
    • Chris Melcher on the Brangelina Split on Good Morning Britain

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    The Litigation War Room is hosted by litigation lawyer Maxwell Goss. Max represents clients in intellectual property and business cases throughout Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.

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    43 min
  • Tackling “Impossible” Cases with Daniel Callahan

    On this episode, Maxwell Goss speaks with legendary California litigator, Dan Callahan. Dan has the rare distinction of having achieved record verdicts and settlements in business, personal injury, insurance bad faith, and employment litigation. Dan discusses some of his biggest wins, including the $934 million jury verdict in a business contract and fraud case. Dan also talks about how he uses creativity and hard work to tackle what he calls “impossible" cases.

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    “I prepare to meet the big bad wolf, the Goliath, in the courtroom.So I make my opposition into Goliath.And when we show up in trial, they are not really Goliath.But we come prepared to beat Goliath, and that’s why we get the results.”-Daniel Callahan

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    • 01:28 - About Dan Callahan and his law practice
    • 05:52 – The importance of creativity in litigation
    • 11:34 – Neria vs. The City of Dana Point
    • 16:16 – The Beckman Coulter case
    • 20:59 – What a $900M+ verdict did for Dan’s law practice
    • 21:48 – The Farmers Insurance case
    • 23:43 – How Dan prepares for a case
    • 26:53 – Dan’s advice for litigators taking on difficult cases
    • 29:02 – The importance of preparation in litigation
    • 31:06 – Where to find Dan Callahan online

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    Daniel Callahan opened his own law office on St. Patrick’s Day in 1984. Throughout his career, Daniel J. Callahan has always been known as one of the top trial attorneys in California. Daniel Callahan also provides corporate consulting to law firms and lawyers regarding litigation and strategy through Callahan Consulting Group LLC.

    Dan’s notable jury verdicts included a $934,000,000 jury verdict obtained after a three-month jury trial in a complex business dispute entitled Beckman Coulter vs. Flextronics. This unanimous verdict was the largest in California in 2003 and remains the largest in Orange County history. He also went on to obtain a $50,000,000 settlement in a road design case against the City of Dana Point. Exclusive of large class actions, this continues to be the largest personal injury settlement in United States history. Dan also obtained, after a two-month jury trial, a $38 million settlement on behalf of a class of newspaper delivery drivers against The Orange County Register. This is still the highest employment settlement in Orange County’s history.

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    Dan Callahan’s “Mission Impossible” ad

    Callahan Consulting

    Dan Callahan’s Attorney Bio

    Callahan & Blaine Wins $934 Million Judgment

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    The Litigation War Room is hosted by litigation lawyer Maxwell Goss. Max represents clients in intellectual property and business cases throughout Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.

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    Show Website

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    36 min
  • Special Replay: Building a "Fireproof" Law Firm with Mike Morse

    On this special replay, we return to Max's interview with Mike Morse, a high-profile attorney known for his entertaining TV ads and his impressive wins on behalf of injured clients. Mike is the author of Fireproof: a Five-Step Model to Take Your Law Firm from Unpredictable to Wildly Profitable. Mike talks about how he went from being a true solo to becoming a household name. Mike shares some of his secrets for building what he calls a “fireproof” law firm.

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    “What is the lawyer’s biggest case? The biggest thing in their life is their law firm. And I don’t see the same preparation in running a law firm as I do running their biggest case. . . . Spend at least the amount of time running your law firm that you do on your biggest case.”-Mike Morse

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    • 00:19 – Introduction
    • 02:23 – About Mike Morse’s practice
    • 05:09 – The importance of delegation
    • 06:58 – Why Mike decided to write Fireproof
    • 08:38 – COVID’s impact on law firms
    • 09:24 – Mike’s television ads
    • 13:26 – The Jesus Moreno Case
    • 17:46 – Why Mike wrote Fireproof
    • 21:14 – Running a law firm like a business
    • 23:43 – The “Legal Jumbotron”
    • 25:37 – How Mike answers skeptics
    • 28:23 – Concluding remarks

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    Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury firm in Michigan. Mike lectures across the country on the practice of law and how to build a successful law firm. Recently, he was named a #1 Amazon Best-selling author for his book on this topic, FireProof: a Five-Step Model to Take Your Law From from Unpredictable to Wildly Profitable. Mike also hosts a weekly podcast, Open Mike, where he shares advice on the law and brings important legal topics to the forefront. He is also involved with many charitable organizations including Project Backpack, a program he founded that provides free backpacks and school supplies to students in need.

    Mike has received many awards and accolades, including being named one of America’s 50 Most Influential Trial Lawyers by The National Law Journal and The Trial Lawyer Magazine, Lawyers Weekly Leader in the Law, DBiz Top Lawyer, and Super Lawyer’s Top Rated Lawyer. Mike has also received multiple Golden Gavel Awards for his award-winning commercials and garnered coverage from prominent news outlets and renowned publications such as The Today Show, Huffington Post, and Lawyers Weekly. He is often featured as a legal advisor on local news broadcasts in metro Detroit.

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    Mike’s Book: Fireproof

    Mike’s Podcast: Open Mike

    Mike’s Award-Winning Commercials

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    The Litigation War Room is hosted by litigation lawyer Maxwell Goss. Max represents clients in intellectual property and business cases throughout Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.

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    Show Website

    Twitter

    LinkedIn

    Facebook

    33 min
  • Killer Cross-Examination with Neil Rockind

    On this episode, Maxwell Goss speaks with prominent criminal defense attorney Neil Rockind. Neil talks about his victory in securing the acquittal of an individual charged with reckless driving following the highly publicized tragic death of a police officer. Neil shares insights on many aspects of trial practice, including the importance of humanizing the defendant, dealing with public scrutiny in high-profile cases, and how cross-examination can make or break your case.

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    • 00:18 - Introduction
    • 01:57 - About Neil Rockind and his law practice
    • 03:43 – Some of Neil's high-profile cases
    • 05:10 – Oxford school case
    • 07:37 – "Killer" cross-examination
    • 11:33 – Learning effective cross-examination
    • 16:32 – People vs. Charles Warren
    • 16:58 – The criminalization of driving offenses
    • 23:38 – Hindsight bias
    • 30:20 – Cross-examination of the lead investigator
    • 33:35 – Verdict in the Charles Warren case
    • 37:21 – Handling cases with intense public scrutiny
    • 40:41 – Where to find Neil Rockind online

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    Neil Rockind’s Attorney Bio

    Neil Rockind’s Killer Cross-Examination Podcast

    Jury Acquits Man in Traffic Death of State Trooper

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    45 min
  • Protecting Shareholder Rights with Sara MacWilliams

    On this episode of The Litigation War Room, Maxwell Goss speaks with Sara MacWilliams, a business litigator described by one judge as an “outstanding legal mind” who “refuted all the claims made [by her opponent] with assurance and aplomb.” Sara talks about an important recent case she handled that clarified and amplified the rights of corporate shareholders. Sara provides insights about shareholder litigation and successfully litigating unresolved questions of law.

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    • 01:59 - About Sara MacWilliams and her law practice
    • 05:11 - Murphy v. Inman
    • 09:26 - Cash-out mergers
    • 13:12 - Derivative versus direct claims
    • 18:00 - Corporate fiduciary duties
    • 20:00 - The opinion in Murphy v. Inman
    • 22:16 - Test for identifying direct claims
    • 24:17 - Duties of directors to shareholders
    • 27:13 - Broader implications of Murphy v. Inman
    • 30:58 - Sara's advice for attorneys
    • 32:45 - Where to find Sara MacWilliams online

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    Sara MacWilliams’s Attorney Bio

    Opinion of Justice Zahra in Murphy v. Inman

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    35 min
  • Countering Scorched Earth Tactics with Doug Lalone

    Maxwell Goss speaks with Doug Lalone, an engineer and patent attorney with the intellectual property firm Fishman Stewart. Doug tells the story of a very interesting case he handled involving a design patent for a rifle scope. The case involved not only cutting-edge issues in IP law but also intersected with a criminal prosecution. Doug offers insights on dealing with scorched earth litigation tactics and putting together a winning strategy in high-stakes cases.

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    • 00:19 – Introduction
    • 01:49 – About Doug Lalone
    • 04:20 – Doug’s involvement with ACG
    • 05:13 – The Leepers rifle scope case
    • 12:41 – Trade dress infringement
    • 16:25 – Functionality and trade dress
    • 22:04 – Resolution of the rifle scope case
    • 24:18 – Doug’s advice for dealing with scorched earth litigators
    • 26:20 – Pleading the fifth in a civil case
    • 30:52 – Where to find Doug Lalone online
    • 31:38 – Sponsor Spotlight: Shaun Fitzpatrick of Fortz Legal Support

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    Doug Lalone’s Attorney Bio

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    Fortz Legal: Court Reporting | Litigation Support | Legal Support

    42 min
  • Effective Depositions with Nicole Westbrook

    On this episode, Maxwell Goss chats with Nicole Westbrook, a litigation partner with the law firm of Jones & Keller in Denver, Colorado. In this wide-ranging conversation, Nicole discusses deposition skills, the pros and cons of arbitration, the challenges of remote technology, and her advocacy for women in the law.

    Nicole also dives into an interesting case she handled concerning a multi-level marketing business, and talks about some of the unique legal challenges facing players in that industry.

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    • 00:18 – Introduction
    • 01:18 – About Nicole Westbrook
    • 02:19 – Legal challenges for multi-level marketing (MLM) companies
    • 08:45 – Nicole’s federal clerkship
    • 12:12 – Retaining women in the legal practice
    • 14:10 – Nicole’s work with the National Institute for Trial Advocacy
    • 15:47 – Preparing for depositions
    • 18:11 – A recent case involving an MLM business
    • 22:25 – Nicole’s critique of the arbitration system
    • 26:10 – The challenges of remote depositions
    • 35:11 – Nicole’s advice on conducting an effective deposition
    • 37:47 – Where to find Nicole Westbrook online

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    Nicole Westbrook’s Attorney Bio

    Jones & Keller

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    Fortz Legal: Court Reporting | Litigation Support | Legal Support

    41 min
  • Non-Compete Litigation with Daniel Quick

    On this episode of The Litigation War Room podcast, Maxwell Goss chats with Daniel Quick, a leading business litigator, partner with Dickinson Wright, and co-author of Michigan Business Torts.

    Dan discusses his successful litigation and trial of a non-compete case against celebrity chef Matt Prentice. Dan discusses the fascinating facts of this case and the interesting opinion from business court judge Michael Warren. Dan also offers insights on handling contentious business cases and on the state of non-compete legislation and litigation nationwide.

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    • 00:18 - Introduction
    • 01:19 - Daniel Quick's professional background
    • 3:04 - The value of bar associations
    • 6:01 - The Matt Prentice case
    • 13:21 - Non-compete law in Michigan
    • 24:29 - Daniel Quick's victory in the Matt Prentice case
    • 28:44 - The use and misuse of non-compete agreements
    • 31:30 - Judge Michael Warren's opinion in the Matt Prentice case

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    Daniel Quick’s Attorney Bio

    Michigan Business Torts

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    36 min
  • Shaping Your Case for Success with Dan Sharkey

    On this episode, Maxwell Goss speaks with Daniel Sharkey, a supply chain litigation attorney who has been ranked by Super Lawyers as a top 10 lawyer in the state of Michigan.

    Dan discusses an automotive case in which he helped his client achieve a great result by shaping the factual record long before a lawsuit was filed. Along the way, Dan offers great insights on counseling business clients and strategically positioning a case for success from start to finish.

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    “There’s a classic risk-return tradeoff. You can’t go nuts about every potential risk or you’d never leave your porch. But at the same time, there’s a tradeoff there. And when you see a client who is biting off a huge potential risk, we have a duty at least a flag it, make them aware of it, and say, ‘You can sign it, but this is what you are getting into.’”-Dan Sharkey

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    • 00:19 – Introduction
    • 01:14 – Dan Sharkey's trial experience as a JAG attorney
    • 02:25 – More about Dan and his law practice
    • 04:32 – Auto supply chain litigation
    • 06:49 – Thoughts on the supply chain crisis
    • 11:24 – The value a seasoned litigator can add at the contract stage
    • 13:02 – The Bilstein case
    • 23:02 – Thoughts on contract negotiation
    • 27:36 – Dan's advice for setting the table for a dispute
    • 30:51 – Where to find Dan Sharkey online

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    Daniel Sharkey’s Attorney Bio

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    35 min

About The Litigation War Room

From the publisher's feed

Hosted by litigation attorney Maxwell Goss, the Litigation War Room offers insight and inspiration for courtroom lawyers. Featuring interviews from leading litigators in every area of law, the podcast…