TrustCast Show

TrustCast Show

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TrustCast Show episodes

  • Jennifer Higgins on Defending Physicians, Why the Truth Does Not Just Come Out in Court
    What happens when a Queens DA prosecutor who spent six years trying domestic violence and sexual assault cases pivots to the civil side — and discovers that everything she learned about how to break an expert witness, prepare a deponent, and anticipate an adversary's next move translates directly into defending physicians accused of malpractice — and then teams up with a partner who grew up in a medical family, came out of Hofstra already thinking in medicine and science, and built a specialty in appellate strategy and motion practice that plants the seeds for every appeal before the trial even starts?
    In this episode of the Trustcast Show, Zane Myers speaks with Jennifer Higgins partners co-leading the Medical Malpractice Defense Division at Abrams Fensterman, about what actually happens inside a physician's mind the morning they open a summons, why talking to a colleague who has also been sued is one of the most legally dangerous things a doctor can do, and why the belief that the truth will simply come out at trial is one of the costliest assumptions in this entire field. Jennifer walks through the Perry Mason moment she actually got in a courtroom — where the plaintiff's expert, who had edited the Bible of his specialty, was forced to admit the book was authoritative and then announced he didn't care about the book and sent his water cup flying — and explains why she used pasta to teach a jury the difference between an arteriovenous malformation in the lung versus elsewhere in the body. Jennifer walks through the causation defense that won a case on appeal after losing summary judgment — a rheumatic fever claim where even a correct diagnosis on the day of the visit could not have changed the patient's outcome.
    They also discuss how Jennifer structure every case as a chess match — Jennifer thinking in the moment at trial while Melissa thinks long-term about the appellate record — why a hospital or employer is not automatically on the physician's side in a malpractice lawsuit, what the standard of care actually means to a jury versus what most physicians think it means, and why Abrams Fensterman's one-stop-shop model gives physicians something most malpractice defense firms cannot — a partner down the hall who handles OPMC licensing issues, another who does wills and trusts, and another who handles employment agreements and practice mergers.
    Jennifer Higgins are partners co-leading the Medical Malpractice Defense Division at Abrams Fensterman in Lake Success, New York.
    Connect with Jennifer Higgins:
    abramslaw.com
    Phone: 516-328-2300
    Lake Success, New York
    Chapters
    00:00 Introduction to Jennifer Higgins
    00:51 Jennifer's path — six years as a Queens DA prosecuting domestic violence and sexual assault, then pivoting to physician defense
    02:20 What pulled her out of the DA's office — student loans, but also a love of complex medicine
    03:23 Working with DNA experts and medical experts as a prosecutor — and how that prepared her for retaining defense experts
    03:53Jennifer's path — growing up in a medical family and going straight into healthcare defense
    05:09 What is going through a physician's mind the first 24 hours after receiving a summons
    05:28 The first call to the insurance carrier — notify immediately and request preferred counsel
    06:00 Doctors who don't even know who the plaintiff is — how that happens and how the team handles it
    08:05 Over 95% of physicians experience significant emotional distress when sued — what Jennifer sees across the table
    08:44 Hand-holding through every step of litigation — soup to nuts, weekends included
    09:30 When malpractice claims lead to OPMC licensing issues — and how the full-service team handles both simultaneously
    10:00 Jennifer as the litigator counsel — how the two roles work together
    11:25 How many cases actually reach trial — and why preparing every case for trial is the standard anyway
    11:47 The discovery process — medical records, depositions, summary judgment motions, and the path to resolution
    12:30 If we choose path A, where do we end up — thinking through every litigation decision in advance
    13:32 Planting the seeds for appeal during trial — why having appellate counsel in the room matters
    00:31 The physician deposition — talking too much is the single biggest mistake
    01:10 How deposition differs from trial — open-ended questions versus controlled cross-examination
    02:06 How Jennifer and Melissa prepare physicians for deposition — you don't throw them to the wolves
    15:18 The cardinal rule — only talk to your carrier and your lawyer, nobody else
    03:00 How to take apart a plaintiff's medical expert — cross-examination and prior contradictory testimony
    04:37 The Perry Mason moment — the expert who edited the Bible of his specialty and then said he didn't care about the book
    #JenniferHiggins #AbramsFensterman #MedicalMalpracticeDefense #TrustcastShow #PhysicianDefense #HealthcareLaw #NewYorkMalpractice #StandardOfCare #MalpracticeAttorney
    42 min
  • Melissa Goldberg on Defending Physicians, Why the Truth Doesn't Just Come Out in Court
    What happens when a Queens prosecutor who spent years putting felony offenders away pivots to defending the people on the other side of a catastrophic accusation — and teams up with an attorney who grew up in a medical office, watched her physician father do expert work on malpractice cases, and came out of law school already knowing the anatomy and medicine cold — and together they build one of New York's most respected physician defense practices?
    In this episode of the Trustcast Show, Zane Myers speaks with Melissa Goldberg, partners co-leading the Medical Malpractice Defense Division at Abrams Fensterman, about what actually happens inside a physician's mind the morning they open a summons, why the instinct to call a colleague and start venting is one of the most legally dangerous things a doctor can do, and why the belief that the truth will simply come out at trial is one of the most costly assumptions in their field. Melissa explains how nearly every case is approached as a chess match — anticipating every move the plaintiff will make and structuring every decision with its long-term appellate implications already in view — and walks through the causation defense that won a case on appeal after losing summary judgment: a rheumatic fever claim where even a correct diagnosis on the visit in question could not have changed the outcome.
    They also discuss what a physician's deposition looks like and the single biggest mistake doctors make when they sit down to be questioned, how to take apart a plaintiff's medical expert at trial through cross-examination and prior contradictory testimony, what the phrase standard of care actually means to a jury versus what most physicians think it means, why a doctor's hospital or employer is not automatically on their side in a lawsuit, and how a stroke case with a devastating fact pattern gets turned around when the patient was never a TPA candidate to begin with.
    Melissa Goldberg are partners co-leading the Medical Malpractice Defense Division at Abrams Fensterman in New York.
    Connect with Melissa Goldberg:
    abramsfensterman.com
    Lake Success, New York
    Chapters
    00:00 Introduction to Melissa Goldberg
    00:30 Jennifer's path — from Queens DA putting felony offenders away to defending physicians for 17 years
    03:00 Melissa's path — growing up in a medical family and going straight into healthcare defense from Hofstra
    04:11 What is actually going through a doctor's mind the morning they open a summons
    05:28 The first call to the insurance carrier — what to say and what never to say
    06:00 Doctors who have no idea who the plaintiff even is — and how that happens
    07:50 Over 95% of physicians experience significant emotional distress when sued — what Melissa sees across the table
    10:12 How Melissa divide the work — litigator and strategist working as one team
    11:04 How often do cases actually reach trial versus being discontinued, dismissed, or settled
    13:32 Building the appellate record from day one — why every motion has downstream consequences
    14:12 Notifying the insurance carrier immediately — and what to say and not say on that call
    15:37 The physician's second instinct — calling a colleague to vent — and why that is legally dangerous
    16:01 How long a New York malpractice case actually takes from complaint to resolution
    00:31 The physician's deposition — the single biggest mistake doctors make when they sit down to be questioned
    01:46 The tactic of asking a doctor to expand on an answer — and how Jennifer's team prepares for it
    03:18 Taking the plaintiff's medical expert apart at trial — cross-examination and prior contradictory testimony
    07:09 What standard of care actually means to a jury — and why most physicians misunderstand what they're being judged against
    09:12 Abrams Fensterman as a one-stop shop for physicians — why that matters for referrals and defense
    10:16 Winning at trial versus winning at appeal — and when an appeal is actually the right play
    11:00 How the appellate process works in New York — briefs, four-year wait times, ten minutes of oral argument
    03:13 Why the most prepared defendant wins — and why truth alone is not a strategy
    04:10 When the hospital or employer is not automatically on your side
    05:32 The causation defense — how terrible facts on paper can still produce a defense verdict
    07:00 The rheumatic fever appeal — losing summary judgment and winning at the appellate division on causation
    08:04 Fifteen years of mentorship — how Jennifer and Melissa built a partnership that finishes each other's sentences
    #MelissaGoldberg #AbramsFensterman #MedicalMalpracticeDefense #TrustcastShow #PhysicianDefense #HealthcareLaw #MalpracticeDefense #NewYorkMedicalLaw #StandardOfCare
    42 min
  • Frank Poe on Creator Contracts, and Why a $2,500 Brand Deal Can Trigger a $300,000 Lawsuit
    What happens when a kid who grew up in 90s skate, hip hop, and punk culture becomes a talent agent for celebrities and musicians, spends a decade as a litigator and in-house counsel for a celebrity agency, and then quietly builds a law firm that has become the go-to for management companies and creators trying to navigate the wildest legal terrain in modern business — the creator economy?
    In this episode of the Trustcast Show, Zane Myers speaks with Frank Poe, founder of Poe Law, about the single most dangerous clause hiding at the bottom of almost every brand contract — choice of law filed in Delaware, a state that barely recognizes the right of publicity that sits at the heart of every creator deal. Frank explains the REV Model he developed for evaluating any brand agreement — Rights, Expectations, Value, and Visibility — and why a brand that refuses to negotiate even one red line on a $2,500 deal is actually rejecting their own argument about limiting liability. He also explains why perpetual usage rights are an existential threat to a creator's entire channel, what natural exclusivity is and why it happens whether or not it's written into the contract, and why brands who insist on owning content forever are handing themselves a car while Frank keeps the keys.
    They also discuss the agency that funneled brand payments through the owner's personal bank account and then filed for personal bankruptcy — and the bankruptcy trustee who came after Frank's client for money that was never legally the agent's to keep, how Frank sued a brand in the state where their fulfillment center was located and leveraged their inventory as the collection target, why morality clauses get triggered not by scandals but by crowd surfing at concerts, the distinction between traditional entertainment law where the producer owns everything and creator law where the creator is the director and producer and distributor, and why equity deals are the one area where creators are getting genuinely dangerous advice on TikTok right now.
    Frank Poe is the founder of Poe Law PLLC, a creator economy law firm serving management companies, talent agencies, and creators across brand deals, influencer contracts, and right of publicity disputes.
    Connect with Frank Poe:
    LinkedIn: Frank Poe
    Poe Law PLLC
    Chapters
    00:00 Introduction to Frank Poe
    00:43 The wildest contract clause Frank has ever reviewed — and the call with eight attorneys on the other side
    01:38 How brand deals in the creator economy actually work — deliverables, usage, and fees
    02:48 Who Frank's clients are — creators, management companies, and agencies
    03:18 Flat fee and subscription law versus hourly billing in the creator economy
    04:21 Pull marketing on LinkedIn and why Frank's growth comes from long-term relationship building
    06:12 Why entertainment lawyers have to be different — the lawyer of yes versus the lawyer of no
    07:30 Business is the gas, legal is the brakes — and why you need both
    08:38 Marketing agencies that try to remove brand liability from the deal — and why that is a red flag
    10:13 What a typical creator brand deal actually looks like step by step
    11:45 The brands that say they won't accept red lines under $25,000 — and why that is a mistake
    13:19 When a creator is catching fire and a brand wants to lock them up exclusively — how to advise them
    14:14 The REV Model — Rights, Expectations, Value, and Visibility explained
    16:37 The single most dangerous clause hiding in almost every brand contract — Delaware choice of law
    18:08 How to push back on Delaware jurisdiction when the brand's offices are somewhere else entirely
    19:34 How often Frank actually gets pushback from the other side — and what CMOs and paralegals do instead
    20:37 Why both sides get excited about getting the deal done and set aside their better judgment
    21:50 Why non-negotiable really never means non-negotiable — and the deals that tanked over one or two notes
    23:26 When a creator says yes to perpetual usage rights — what they are actually handing over
    25:00 You can have the car but we keep the keys — how to structure ownership without giving everything away
    27:09 Talent shows, reality TV, and why the golden rule is the producer owns everything they capture
    30:40 If you produce it you own it — the core distinction between traditional entertainment law and creator law
    32:49 Brand goes silent after a campaign — what Frank actually does to chase payment
    33:32 Ordering product off the brand's website to find the fulfillment center and sue them there
    34:24 Going after patents and IP rights when there is no inventory to liquidate
    35:10 Credit checks, deposits, escrow, and prepayments — the proactive approach
    36:00 The agency that put brand payments in a personal account and then filed for personal bankruptcy
    #FrankPoe #PoeLaw #CreatorEconomy #TrustcastShow #InfluencerContracts #BrandDeals #ContentCreatorLaw #RightOfPublicity #CreatorRights #EntertainmentLaw
    56 min
  • Kim Valldejuli on What Art Therapy Actually Is, Why You Don't Need to Draw
    What happens when a Barbadian visual artist and secondary school art teacher watches her students quietly turn the art room into a refuge — coming in during lunch, after class, whenever life gets hard — and realizes that the therapeutic power she is witnessing has a name, a profession, and a graduate program in the UK waiting for her?
    In this episode of the Trustcast Show, Zane Myers speaks with Kim Valldejuli, an art psychotherapist currently working at a psychiatric hospital in Fredericksburg, Virginia and pursuing her PhD at Drexel University, about what actually happens in an art therapy session, why you do not need any artistic skill to benefit from it, and why patients on some of the most acute inpatient units in the hospital ask when she is coming back and show up to every session she runs. Kim explains how art creates a critical distance from trauma that talk therapy often cannot — allowing people who have no words for early childhood abuse or combat PTSD to begin processing through image and material instead of language — and why the Johari window concept makes having an external therapeutic perspective so essential when working through personal narratives that may no longer reflect reality.
    They also discuss the ten-year-old boy who hid under desks and could not stay in class after losing his mother to cancer, how a year of art therapy, mentorship, and family support got him functioning and seated — and how that story captures Kim's core belief that therapy does not live only inside the clinic. She also talks about her research on veterans with PTSD and traumatic brain injury, the community mental health groups she ran at companies in Trinidad on World Mental Health Day, NHS research showing doctors who did art therapy had measurably better outcomes, and her framework for Afro-Caribbean art therapy that forms the center of her doctoral research.
    Kim Valldejuli is an art psychotherapist, published researcher, award-winning artist, and PhD candidate at Drexel University, currently based in Fredericksburg, Virginia.
    Connect with Kim Valldejuli:
    LinkedIn: Kim Valldejuli
    Drexel University — contact through published research
    Chapters
    00:00 Introduction to Kim Valldejuli
    00:57 From visual artist and art teacher in Barbados to psychotherapist — what made her merge the two worlds
    02:00 The art room that became a therapy community space for struggling students
    02:59 What people get wrong about art therapy — and why no skill is required
    03:50 What actually happens in the first session — assessment, contracting, and the first art activity
    05:30 Working with children and why she always involves the parents
    06:05 How people find out that art therapy even exists — referral networks and word of mouth
    08:22 A real story — the ten-year-old who hid under his desk and could not stay in class
    10:00 Building a therapeutic relationship over a year through dramatic play, reading under a tree, and art-making
    11:45 Why she was doing a lot of mothering — and what that means therapeutically for a grieving child
    13:35 Why therapy cannot treat just the individual — systems, safety, and Maslow's hierarchy
    14:54 Patient population breakdown — inpatient, outpatient, adolescents, and adults
    16:06 How inpatient art therapy works across different acuity levels — acute units versus partial hospitalization
    17:18 Why Model Magic clay became a hit on the inpatient units
    18:36 More processing on the outpatient — coping skills, the bridge story, and strengths mapping
    19:34 The biggest fear patients have walking into art therapy — and why it is always judgment
    20:51 Can art therapy make things worse — and are there people who should not do it
    22:07 Private practice during the PhD — limited clients and no groups right now
    22:49 What art therapy offers veterans with PTSD and traumatic brain injury that talk therapy cannot
    24:03 Pre-verbal trauma and the power of image as language when words do not exist
    24:30 Can someone self-administer art therapy at home — what is safe and what is not
    26:20 The Johari window and why an external perspective is essential when processing trauma
    27:39 What Kim would suggest for someone who wants to explore art therapy for themselves
    29:31 Art therapy for high-stress professionals — and what happened at company mental health awareness events in Trinidad
    31:00 NHS research showing doctors who engaged in art therapy had measurably better outcomes
    32:52 Art therapy inside organizations — building group cohesion and shared understanding
    33:15 How to get in touch with Kim Valldejuli
    #KimValldejuli #ArtTherapy #TrustcastShow #ArtPsychotherapy #TraumaHealing #PTSDRecovery #MentalHealthAtWork #AfroCaribbean #CreativeTherapy #DrexelUniversity
    35 min
  • Martin Tankleff on 17 Years Wrongfully Imprisoned, Walking 13 Innocent People Out of Prison
    What happens when a 17-year-old who woke up to find his parents murdered, called 911 to save his father's life, and was coerced by police into a statement that sent him to prison for nearly 18 years — survives, gets exonerated, becomes an attorney admitted to the US Supreme Court bar, and then builds a Georgetown University program where undergraduate students have now walked 13 innocent people out of prison, accounting for over 300 combined years of wrongful imprisonment?
    In this episode of the Trustcast Show, Zane Myers speaks with Martin Tankleff about the morning of September 7, 1988, how detectives lied to a 17-year-old by claiming his dying father had named him as the attacker — a tactic the US Supreme Court explicitly permits — and why the written statement the jury saw was never written in front of him and nothing in it matched the forensic evidence. Martin explains why he refuses to call these wrongful convictions and insists they be called what they actually are — intentional convictions — because in 95% of cases the prosecutorial misconduct, police misconduct, and forensic misconduct that put innocent people away was not accidental. He also explains what his students at Georgetown, NYU, Princeton, Rice, and UC Santa Cruz are actually doing in the field: tracking down witnesses who were never interviewed, finding suppressed gunshot residue tests, consulting ballistics experts who call the original trial testimony junk science, and building documentaries that get people freed.
    They also discuss the detective who was paid $100,000 to point the investigation at Marty and away from his father's business partner Jerry Steuerman, why every person who opposed Marty's exoneration either died or went to prison themselves, what Valentino Dixon's daughter Valentina said to everyone who doubted her when her father walked free after 27 years, why the Right to Remain Silent Act for juveniles would have changed everything about Marty's case, and why the American criminal justice system incarcerates more innocent people than England has in its entire prison population.
    Martin Tankleff is a defense attorney admitted to the US Supreme Court bar, a professor at Georgetown University, and co-creator of Making an Exoneree, a program now operating at five universities that has freed 13 innocent people from prison.
    Connect with Martin Tankleff:
    Georgetown University — Making an Exoneree program
    LinkedIn: Martin Tankleff
    Chapters
    00:00 Introduction to Martin Tankleff
    00:55 September 7 1988 — waking up at 17 to find your parents attacked
    01:21 How police lied about his dying father naming him as the attacker — and why the Supreme Court allows it
    02:33 Hours of unrecorded interrogation and why law enforcement chose not to record
    03:25 The immediate recantation — and why the written statement never matched the forensic evidence
    04:48 Hearing the guilty verdict at 19 — and the jury misconduct that tainted the trial
    05:42 6,338 days in prison and the mentality that kept him from breaking
    06:23 Childhood friend Mark Howard — from the high school Purple Parrot newsletter to fighting for his freedom
    07:28 The Easter dinner party where someone overheard one of the murderers confess
    08:37 Joseph Creedon, Peter Kent, Glenn Harris, and Jerry Steuerman — the real story of who killed his parents
    09:06 Why his father was killed — $500,000 invested with a business partner running a drug operation
    09:40 Police involvement — the detective paid $100,000 to target Marty and protect Steuerman
    11:01 December 21 2007 — the phone call that said pack your things you're coming home
    12:45 How dozens of pro bono lawyers from New York and DC fought for 18 years without being paid
    13:38 None of the real killers were ever held accountable — and what happened to those who opposed his exoneration
    14:20 Over $13 million in settlements and why no amount of money can compensate for 18 years
    15:59 Rapid fire — first meal out of prison, guilty pleasure TV, and one word for the American criminal justice system
    17:55 What's wrong with the criminal justice system in one word
    18:30 The 4,000 documented exonerations and what it means that the guilty remained free
    19:11 If he could argue one case before the Supreme Court what it would involve
    19:50 How he decided to become a lawyer in 1993 talking to his neighbor Eric in prison
    21:08 Being sworn into the New York bar in the same appellate courthouse where his conviction was overturned
    22:46 Admitted to the US Supreme Court bar — and the two justices who once worked at the firm that freed him
    24:51 How Making an Exoneree at Georgetown actually works
    25:49 Valentino Dixon — the first exoneration that hit hardest and the daughter who defended her father her whole life
    #MartinTankleff #WrongfulConviction #TrustcastShow #MakingAnExoneree #CriminalJusticeReform #Exonerated #InnocenceProject #GeorgetownLaw #FalseConfession #JusticeReform
    45 min
  • Dr. David Hester on Why Employee Mental Health Benefits Go Unused, What Peer Support Actually Does
    What happens when a cognitive neuropsychologist who supported 40,000 military families through crisis, grew up watching his chaplain father create pockets of healing in Fayetteville next to Fort Bragg, and helped scale a counseling company from $300,000 to $5 million in under four years turns his attention to the one question most HR leaders can't honestly answer — why are employees ignoring the mental health benefits we're already paying for?
    In this episode of the Trustcast Show, Zane Myers speaks with Dr. David Hester, head of guides at LifeGuides, about why the barrier of entry to traditional EAPs is so high that people in crisis simply stop trying, how a peer-to-peer mentorship platform connects employees with guides who have lived through exactly what they're facing, and why the ROI story for employee wellbeing is not soft at all — it lives in absenteeism, healthcare costs, talent retention, and the downstream damage of burning out the workhorses who pick up everyone else's slack. David explains what companies actually see about employee sessions — nothing, full stop — and why that confidentiality is the only reason people will ever use the service honestly.
    They also discuss the neuroscience of burnout and why it mirrors depression at the nervous system level, why the best thing for a human is another human but leaders rarely get trained on how to actually be one, what LifeGuides learned serving the Maui fire response and the early days of the Middle East conflict, how a sporting goods company's distribution center went from disengaged to its most activated site simply because someone spoke the language of that population, and why David journals every night in character as Anakin Skywalker to process his day as a hero's journey — even when the heroic act is taking out the trash.
    Dr. David Hester is head of guides at LifeGuides, a peer-to-peer wellbeing and mentorship platform serving organizations through a SHRM partnership and available at lifeguides.com.
    Connect with Dr. David Hester:
    lifeguides.com
    Chapters
    00:00 Introduction to Dr. David Hester
    00:54 The statistic that makes a CFO stop treating wellbeing as a soft cost
    01:30 Why EAP utilization rates are low and what stigma actually does to help-seeking behavior
    03:02 Is LifeGuides a mental health platform or something different entirely
    03:23 What peer-to-peer nonclinical support actually means in practice
    04:38 Growing up in Fayetteville next to Fort Bragg — and why his chaplain father shaped everything
    05:40 Seeing veterans struggle to feel seen, valued, and cared for
    07:06 What HR leaders miss when they say mental health is covered through our EAP
    07:25 How difficult it is just to take the first step and ask for help
    08:30 What LifeGuides is — a peer-to-peer learning and mentorship platform explained plainly
    09:35 How the matching process works — lived experience, pattern recognition, and AI in the loop
    10:52 The assessment and onboarding process for new guides
    12:20 Why guides are paid $24 an hour — and why they are really the customers
    13:13 Why the $24 is really a stipend for executives sharing wisdom they've earned
    14:00 A TED Talk leader keynoting inside the guides community and how the LMS works
    15:21 When a CFO asks what the ROI on wellbeing really is — the honest answer
    16:00 Increased engagement, utilization uplift across all benefits, and the white glove CFO approach
    17:06 Why employees aren't using the benefits companies offer — awareness, over-push, and missing community
    18:33 How long LifeGuides has been providing this service and the pivot from caregiver burnout
    19:57 Half of employees have cried at work — what that tells you about where traditional support fails
    20:53 What does a single burned-out employee actually cost a company per year
    22:00 The workhorses who pick up the slack — and why they need a heat check too
    24:20 Absenteeism, presenteeism, turnover, healthcare spend — which do leaders most underestimate
    25:34 What measurable change can a company expect in the first 12 months
    27:15 The sporting goods distribution center that went from disengaged to most activated
    28:08 DriveTime and Robin Jordan — how an in-person resource fair changed everything
    30:02 Rapid fire — morning meditation or late night journaling
    30:55 One book that changed how he thinks about the human brain — Ray Kurzweil
    31:45 Most overused word in the wellbeing industry — vulnerability
    32:36 One thing about neuroscience that would blow most HR leaders minds
    33:43 How LifeGuides decides who is qualified to be a guide — the three-tier vetting process
    35:21 What HR actually sees about employee sessions — nothing, full stop
    36:13 What organizations do get — aggregate engagement data and post-call surveys, HIPAA compliant
    #DavidHester #LifeGuides #EmployeeWellbeing #TrustcastShow #PeerSupport #HRLeadership #MentalHealthAtWork #BurnoutPrevention
    42 min
  • Matt Hines on What to Do After a Car Accident, and Building a Firm from Day One
    What happens when a law school graduate forms his LLC before he even knows if he passed the bar — and then on the day the results come in, skips the celebration and opens for business instead — building over 20 years what becomes a multi-state personal injury firm serving clients across Georgia, Tennessee, and Texas, with over 95% bilingual staff and a specialty in protecting the Hispanic community?
    In this episode of the Trustcast Show, Zane Myers speaks with Matt Hines, founder of Hines Law, about the single most important thing to do in the first hour after a car accident, why saying "I feel fine right now" to an insurance adjuster can destroy your case before it even starts, and why the other driver's insurance company calling you immediately after an accident is not customer service — it's strategy. Matt explains how cases are built from medical records as ammunition, why 97% of personal injury cases never go to a courtroom, what uninsured and underinsured motorist coverage actually does and why most agents never bother to mention it, and how Georgia's comparative fault rules mean you can still recover even if the accident was partially your fault.
    They also discuss the wrongful arrest case where three men cleaning out a foreclosure were jailed because the former cop-owner was angry, how Section 1983 federal civil rights law becomes the tool when government officials abuse their power, what stacking insurance policies means and why insurers hope you never ask about it, the case where a woman's father was killed by a car and other attorneys had already turned her away before Hines Law looked at the police report and found a real claim, and why waiting even a few weeks to see a doctor after an accident is often the single most expensive mistake a client will ever make.
    Matt Hines is the founder of Hines Law, a personal injury firm serving clients across Georgia, Tennessee, and Texas, with a dedicated Spanish-language practice at 404abogado.com.
    Connect with Matt Hines:
    hineslaw.org
    Phone: 770-800-2000
    404abogado.com
    Atlanta, Georgia
    Chapters
    00:00 Introduction to Matt Hines
    00:43 Forming the LLC before passing the bar and opening day one
    01:41 Working for other attorneys in law school — collecting knowledge, not loyalty
    03:00 Someone just got rear-ended on I-285 — what to do in the next hour
    04:02 The other insurance company just called and said they'll take care of everything
    05:07 My neck is a little stiff but I feel okay — do I really need to go now
    05:49 What does the insurance adjuster do the moment they hang up the phone
    07:01 Can posting about my accident on Facebook actually hurt my case
    07:22 Walk me through what happens when someone calls Hines Law the day of an accident
    09:30 Medical records as ammunition — what gets built during the treatment period
    10:30 How long does a personal injury case take in Georgia from first call to settlement
    11:09 What is a realistic range of recovery and what factors swing the number
    12:52 How attorney fees and medical bills come out of the settlement
    13:37 Georgia's two-year statute of limitations and when it gets paused
    15:00 What happens when the at-fault driver has minimum insurance and you have serious injuries
    17:00 Uninsured and underinsured motorist coverage — why your agent probably never mentioned it
    18:46 What if the at-fault driver is wealthy — can you go beyond the insurance policy
    21:00 Taking the insurance money versus suing personally — and why you usually can't do both
    21:42 Can your own insurance company work against you — bad faith claims explained
    23:14 Why you need an attorney even just to tell you whether to sign a document
    24:19 Rapid fire — Clemson or Georgia, martial arts or travel, worst five words to say to an adjuster
    26:03 The wrongful arrest case — three men, a corrupt cop, and Section 1983
    29:11 What a case looks like when someone comes in thinking they have nothing
    31:12 Roadway construction defects and how expert witnesses unlock invisible claims
    32:18 The biggest mistake that costs people the most money in their cases
    32:48 A result that still sticks — the civil rights case and why constitutional law matters
    33:37 If the accident was partly my fault can I still recover in Georgia
    34:25 The biggest lie insurance companies tell accident victims
    35:24 Can you stack multiple insurance policies together to increase coverage
    35:45 A client comes in three months after their accident with no treatment — is it too late
    36:31 What people think their case is worth versus what it's actually worth
    38:25 Building 404abogado.com — a dedicated Spanish-language arm for the Hispanic community
    40:22 Supporting drug rehabilitation, human rights, and education in Atlanta
    42:24 How to reach Hines Law in Georgia, Tennessee, and Texas
    #MattHines #HinesLaw #PersonalInjuryGeorgia #TrustcastShow #CarAccidentLawyer #InsuranceAdjusterTactics #AtlantaLawyer #GeorgiaPersonalInjury #BilingualLawFirm #Section1983
    44 min
  • Devora Segall on Why Moms Yell, and How to Stop the Cycle Before It Starts
    What happens when a therapist who spent 10 years working with parents at the breaking point traces it all the way back to standing in her own kitchen crying before work because she couldn't get her four-year-old dressed — and realizes that the missing piece isn't love or intention, it's skills?
    In this episode of the Trustcast Show, Zane Myers speaks with Devora Segall, parenting coach and therapist, about why yelling is not a character flaw but a learned pattern that can be unlearned, what the wise mind concept from dialectical behavior therapy actually means in the middle of a real moment with a real child, and why the first thing she teaches every mom is not a technique but awareness — because you cannot change a reaction you have not yet noticed. Devora explains how her 12-week coaching program works through one-on-one sessions, real-time texting support, and weekly skill practice to help moms of kids ages 2 to 12 stop overreacting to normal child behavior without suppressing their emotions or pretending everything is fine.
    They also discuss why 75% of the parenting stress she sees in clients comes from unresolved childhood experiences rather than what the child is actually doing, the mom with four kids in a basement apartment whose internal resources came back online once she felt truly validated, how to prepare yourself on the commute home so you are not ambushed by your own nervous system the moment you walk through the door, and why Devora believes DBT — dialectical behavior therapy — is one of the most practical tools for everyday life that almost nobody outside the therapy world has ever heard of.
    Devora Segall is a licensed therapist and parenting coach, author of Sensitive Hearts Strong Minds and The Peaceful Parenting Solution, and founder of Segall Coaching, serving moms in New York, New Jersey, and beyond.
    Connect with Devora Segall:
    segallcoaching.com
    Free audiobook chapters: parentingaudio.com
    Text: 732-523-0370
    Chapters
    00:00 Introduction to Devora Segall
    00:31 Standing in the kitchen crying before work — and what that moment revealed
    01:04 Is it actually possible to stop yelling or is that just who you become as a parent
    01:53 Can you be fully present at work and fully present at home at the same time
    02:48 What parental burnout actually looks like day to day — not in a textbook
    03:35 Who the program is specifically designed for — moms of kids 2 to 12
    04:37 The fear that yelling now will destroy the relationship later
    05:04 How the skills get installed and practiced until they become second nature
    05:50 Why tamping down emotions makes them explode — the tea kettle metaphor
    06:30 Awareness as the first step — what is happening in your body when your child acts up
    07:25 What wise mind is and how to access it in a real parenting moment
    07:55 The first skill — checking for safety and asking yourself is this actually an emergency
    09:09 What to change first if you are snapping at your kids every night when you come home
    09:22 Why the preparation starts in the car before you ever walk through the door
    10:11 What wise mind is and how to reach it when you are three minutes from losing it
    11:05 What the three-month coaching program looks like — one-on-one, office hours, and texting
    13:17 Is there a course or is it primarily one-on-one
    13:42 The mom with ADHD, the lost socks, and what changed when she stopped screaming
    15:43 How much of parenting stress comes from the child versus unresolved childhood experiences
    16:07 How Devora handles childhood trauma in coaching versus therapy
    17:10 One word to describe what most parents are missing — calm
    17:50 The one thing she wishes she had known 29 years ago — feelings come like waves
    18:14 The mom in the basement apartment and what happened when she felt truly validated
    19:04 The two books — Sensitive Hearts Strong Minds and The Peaceful Parenting Solution
    22:00 Where Segall Coaching is going — groups, schools, and making DBT a mainstream movement
    22:59 Free audiobook download at parentingaudio.com and how to reach Devora directly
    #DevoraSegall #SegallCoaching #PeacefulParenting #TrustcastShow #ParentingCoach #StopYelling #DBTParenting #MomBurnout #ConsciousParenting #ParentingSkills
    24 min
  • Michael McCready on Running a 180-Person Injury Firm from Puerto Rico
    What happens when a lawyer who knew he wanted to practice law at age five, graduated magna cum laude in three years, clerked for a federal judge, and then built a 180-person personal injury firm spanning seven Midwestern states decides the next chapter looks like running the whole operation from Puerto Rico using AI tools his peers are only just beginning to understand?
    In this episode of the Trustcast Show, Zane Myers speaks with Michael McCready, founder of McCready Law, about the first 24 hours after an accident and why talking to the other driver's insurance company before calling a lawyer is one of the most common and costly mistakes injured people make. Michael explains why insurance adjusters are not your friends, what happens when someone waits more than 10 days to see a doctor, and how his firm uses a dedicated case manager system — plus an app, automated texts, and educational videos — so clients always know exactly where their case stands without having to chase down their attorney. He also breaks down how AI is being used right now at his firm to process biomechanical engineering reports, identify flawed assumptions in expert testimony, and draft demand letters in a fraction of the time it used to take.
    They also discuss how Michael recognized he was the bottleneck holding his own firm back and what changed when he finally let go of control, the four-tier attorney development system he built to keep great lawyers from leaving, why Washington University Law School put him on their AI Board of Advisors, the story of the burned foster child whose settlement money paid for college 13 years later, and why $500 million recovered over 30 years is really a story about doing a good job for a lot of ordinary people — not winning jackpots.
    Michael McCready is the founder of McCready Law, a personal injury firm with offices across seven Midwestern states and over 180 professionals, operating remotely from Puerto Rico.
    Connect with Michael McCready:
    mccreadylaw.com
    LinkedIn: Michael McCready
    Chapters
    00:00 Introduction to Michael McCready
    00:46 Why he picked up and moved the entire operation to Puerto Rico
    01:33 Running 180 professionals across seven states — what that actually looks like
    02:19 Does each office practice personal injury exclusively — and how do micro-cultures develop
    03:02 Knowing at age five, graduating in three years, clerking for a federal judge — then walking away from a partnership
    04:37 Building trust in your team as the only way to stop being the bottleneck
    05:04 Is every office strictly personal injury — and why general practice is gone
    05:39 I just got hurt in an accident and I'm scared — what do I do in the first 24 hours
    07:02 Why personal injury lawyers charge nothing upfront and only get paid on recovery
    08:02 The other driver's insurance company is already calling — should I talk to them
    09:09 How insurance adjusters ask questions that quietly shift blame onto you
    10:16 How do I know if my case is even worth pursuing
    11:52 I went to the doctor a month after the accident — how strong is my case now
    13:09 Why McCready Law will not take a case with no medical treatment in the first 10 days
    14:15 Walk me through what happens after the first call — the case manager system explained
    16:29 How to determine what the initial settlement demand should be
    18:23 Grading offers A through C — and when to fight versus when to settle
    18:52 The case manager system and why it is one of the biggest differentiators
    20:30 Technology in the client experience — app, automated texts, and educational videos
    22:42 How long does a personal injury case take and what is happening during all that time
    25:04 Over $500 million recovered — what that number actually represents
    26:54 The burned foster child who called 13 years later when he turned 18 and was going to college
    29:05 Washington University AI Board of Advisors — what that actually means for legal practice
    30:42 How AI builds demand letters and helps prepare for insurance negotiations
    32:19 Real example — using AI to find flawed assumptions in a biomechanical engineering report
    34:22 The AI hallucination problem — why lawyers are still submitting fake citations in 2025
    36:00 Why AI predicts instead of thinks — and what actually causes hallucinations
    37:52 The audit system McCready Law built to ensure every AI output has a human in the loop
    38:15 From one person to 180 professionals — the moment everything changed
    39:18 If you cannot find the bottleneck in your firm, it is probably you
    39:49 The four-tier attorney development system and why transparency keeps great lawyers from leaving
    42:17 How to reach Michael McCready and McCready Law
    #MichaelMcCready #McCreadyLaw #PersonalInjuryLaw #TrustcastShow #AIinLaw #LitigationAI #InsuranceCompanyTactics #PersonalInjuryAttorney #LawFirmGrowth #PuertoRicoLawyer
    44 min
  • Paul Mersino on Trade Secret Theft, and What It Takes to Run a 170-Year-Old Law Firm at 39
    What happens when a litigator who fell in love with trial work through a mock trial team in college works his way up to running one of Michigan's oldest and most storied law firms — a 170-year-old institution at the center of the American automotive industry — and then realizes that leading a 175-attorney firm and trying cases in courtrooms across the country are not just two different jobs, they sometimes require two completely different minds?
    In this episode of the Trustcast Show, Zane Myers speaks with Paul Mersino, CEO of Butzel, about what to do in the first 48 hours when a top salesman quits and starts calling your clients, why deleting emails you think are harmless before litigation starts can cost you the entire case through a legal doctrine called spoliation, and what separates the 3% of business disputes that actually go to trial from the 97% that settle along the way. Paul explains how a temporary restraining order works in real time — sometimes filed by Thursday afternoon and argued by Friday morning — and why the mistakes companies make before an employee leaves matter far more than what they do after.
    They also discuss business divorces and why even sophisticated executives become emotionally irrational when a partnership falls apart, how Paul filed an amicus brief on behalf of Chris Kyle's estate in the American Sniper lawsuit after watching the movie and feeling compelled to do something, what appellate argument looks like when a federal judge peppers you at the podium for two hours straight in Utah, how to preserve a trial record for appeal without the other side knowing that's what you're doing, and why automotive supplier disputes with $125 million on the table taught him that the size of the number is never what makes a case feel heavy — it's knowing that a loss means people lose their jobs.
    Paul Mersino is the CEO of Butzel, one of America's oldest law firms, founded in Detroit in 1854, with nine offices across Michigan and Washington DC.
    Connect with Paul Mersino:
    butzel.com
    Detroit, Michigan
    Chapters
    00:00 Introduction to Paul Mersino
    00:41 Taking over a 170-year-old firm at 39 — the conversation that made it real
    02:52 A top salesman just quit and is already calling my clients — what do I do in 48 hours
    04:01 How enforceable are non-competes in 2025 and how has the law shifted
    05:20 Trade secrets versus non-compete — how do you know the difference
    06:43 What if the employee just carries everything in their head — how do you prove misuse
    08:06 The fastest legal tool to stop a former employee — the TRO explained
    09:30 What happens in the 14 days after a TRO is granted — mini trials and evidentiary hearings
    10:30 The mistakes business owners make in the first week that kill their own case
    11:47 Someone I've done business with for years just breached a major contract — what's my shot at recovery
    12:45 Business divorces — what litigation looks like when a partnership falls apart
    14:44 Walking clients through what litigation actually feels like before they commit to it
    16:04 When one side wants to settle and the other won't budge — how do you move them
    16:49 Counseling versus lawyering — and why the distinction matters in business disputes
    18:24 What do you do when your own client is the unreasonable one
    19:48 What separates the cases that win big from the ones that don't
    21:31 Bench trials versus jury trials — how Butzel decides which to pursue
    22:12 Automotive supplier cases with $125 million on the line — what that kind of exposure feels like
    23:51 Telling opposing counsel that your client will lose their business — does it ever work
    25:49 A trade secret case where the evidence looked bad — how the truth became the defense
    27:03 The cover-up is worse than the crime — spoliation and destroying evidence explained
    28:43 What a preservation order looks like and when the duty to preserve actually begins
    29:18 Deleting emails before litigation starts and what the court does with that
    30:42 Filing an amicus brief for Chris Kyle's estate in the American Sniper lawsuit
    33:17 How the Eighth Circuit quoted his brief verbatim when overturning the multi-million dollar verdict
    34:31 Defending trial wins all the way to the Michigan Supreme Court and the Federal Court of Appeals
    35:51 What appellate argument looks like — two hours at the podium with a federal judge in Utah
    36:39 Why you generally cannot introduce new evidence on appeal
    38:30 Preserving the trial record for appeal and why you need appellate counsel early
    39:30 Is Paul still taking cases while running a 175-attorney firm
    40:25 Who is the ideal Butzel client
    41:51 What Butzel does and doesn't handle — and where white collar defense and immigration fit in
    43:15 Nine offices, eight in Michigan, one on K Street in Washington DC
    44:02 How Butzel takes cases across the country through pro hac vice admission
    #PaulMersino #BusinessLitigation #TradeSecretLaw #TrustcastShow #DetroitLaw #AutomotiveLaw #BusinessDivorce
    49 min

About TrustCast Show

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The TrustCast Show features in-depth conversations with successful business leaders who are shaping their industries. Host Zane Myers sits down with top attorneys, physicians, plastic surgeons, and…