Podcast
Emerging Litigation Podcast
Hosted by Tom Hagy · EN
Litigators and other professionals share their thoughts on ELP about new legal theories, new areas of litigation, and how existing (sometimes old) laws are being asked to respond to emerging risks. The podcast is designed for plaintiff attorneys, defense counsel, corporations, risk professionals, litigation support companies, law students, or anyone interested in the law. The host is Tom Hagy, long-time legal news writer and enthusiast. He is former editor and publisher of Mealey's Litigation Reports, Founder and Editor-in-Chief of HB Litigation, co-owner of Critical Legal Content, and Editor-in-Chief of multiple legal blogs for clients. Contact him at Editor@LitigationConferences.com.
97episodes
Episodes
Newest firstAll episodes
How Product Brands Navigate Today's Dupe Economy with Tiffany Gehrke and Alexa Spitz
1w ago00:32:47Summary readyIn general, it is becoming hard to know what's real anymore. For example, there are so many product brand duplicates these days that people in the business save energy with a more efficient nickname. And these affectionately labeled brand "dupes" are everywhere. The real fight used to be over copying designs. That is no longer the case. It’s about the words used to sell the copied products and the tools brand owners use to make listings disappear overnight.I’m joined by a valued and ever-eloquent repeat guest, Tiffany D. Gehrke, and ebullient first-timer Alexa Spitz, both of Marshall Gerstein, to shine light on the modern dupe economy and how trademark law, trade dress, advertising claims, and platform enforcement are converging. Tiffany and Alexa recently wrote an article for Law 360 on this subject which caught my eye, because someone told me to read it. Which I did. There, and here, our guests told me about:The gray area between “inspired by” competition and actionable infringement, including why protectability is the first hurdle and how a product can look suspiciously similar, yet avoid liability if the copied elements aren’t legally protectable. The Sol de Janeiro versus Apollo dispute over body cream packaging and why a court finding of trade dress functionality can shut the door on enforcement.The speed-to-market problem: the runway-to-dupe pipeline, rapid product cycles, and why traditional litigation can be too slow when the goal is to stop sales this season, not win damages years later. Practical brand protection strategies that match today’s reality, including layered IP portfolios (trademarks, trade dress, copyright registration, design patents, and even utility patents when appropriate) and smarter monitoring.Tactics getting the most attention online: “Brand Dupe” trademark filings like Lululemon Dupe and Aritzia Dupe, how disclaimers can affect enforcement, and why platforms often demand clean, registration-based proof for takedown notices on Amazon and social commerce channels. If you or your clients care about brand enforcement, e-commerce strategy, or emerging litigation risk, this one is built for you. Subscribe, share with a colleague, and leave a review so more listeners can find the show.Thank you, and thanks to Tiffany and Alexa for bringing their A-game!Tom HagyHost of the Emerging Litigation Podcast______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
SummaryGetting Digital Evidence Right with Tim Conlon
3w ago00:57:26Summary readyMobile phones, social media, cloud storage, and email sit at the center of modern fact-finding, but, to their detriment and that of their clients, attorneys often misunderstand or underuse this data. Practitioners may not realize that client-provided screenshots are often forensically weak, or that texts and social media can easily be forged or manipulated. That means lawyers and courts need to better understand authenticating, preserving, and challenging electronic evidence. In this episode, I speak with attorney and author Tim Conlon about how litigators can be more effective by gaining a deeper understanding of the space where evidence gathering and technology intersect. Through case examples—including comparisons of computer and cloud backups, comparing data saved at different points in time, analysis of missing and altered files, and tracking email migrations from official to personal accounts—Tim shows how straightforward digital forensics techniques can expose concealment, manipulation, and institutional failures. Tim is a Partner at DarrowEverett where he focuses on complex family court litigation and civil cases on behalf of children abused in the care of others, with particular emphasis on cases where electronic evidence and digital assets play a central role. He has handled matters at the forefront of litigation, from computer crime investigations in the 1980s to chairing and resolving Rhode Island’s clergy abuse cases on behalf of dozens of victims. Since the late 1980s, he has used electronic evidence to uncover hidden assets and misconduct, including forcing the division of more than $16 million in cryptocurrency shortly before the 2022 crypto crash. Tim is a frequent lecturer on electronic evidence, trial technology, and advanced litigation issues, and is widely published and quoted in national and regional media. He is the co‑author of Electronic Evidence for Family Law Attorneys (American Bar Association, 2017) and is currently completing an ABA book on cryptocurrency and digital assets, continuing his work at the intersection of technology and modern litigation. Thanks to Tim for sharing his insights! Tom Hagy | Host | Emerging Litigation Podcast______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
SummaryWhy a Big-Law Litigator Went Fractional with Jonathan Sablone
3w ago00:38:13Summary readyThe conversation in this episode starts by discussing a post-pandemic practice pivot and how one litigator chose a new path, which led to establishing a new business at the intersection of law and finance. For a long time, the need for in-house counsel meant the company had crossed a certain size threshold: enough contracts, enough regulatory touchpoints, enough disputes and enough litigation to justify building a legal department. But an alternative has emerged — companies keeping their core teams lean while bringing in senior legal judgment on a part-time, flexible basis. In this episode I enjoyed catching up with Jonathan Sablone, founder of Sablone Advisory LLC, about why that model works and what it looks like when the lawyer is, in his words, a “fractional general counsel” and a litigation manager.Sablone’s résumé reads like a tour through the high-end litigation market. He spent roughly 25 years at global firms including Nixon Peabody and DLA Piper, where he held leadership roles and built practices focused on complex commercial and private funds disputes. His work has spanned the financial services world—private equity funds, hedge funds, institutional investors—and often had a cross-border component. Thanks to Jonathan for sharing his insights, which should give comfort to litigators who might be asking themselves: Is there anything else that is just as fulfilling? ______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
SummaryPrediction Markets: Predicting the Legal and Policy Possibilities
Apr 500:17:03Summary readyThis episode breaks down how prediction markets are colliding with U.S. law as event‑based trading moves from niche forecasting tools to mainstream platforms handling billions in volume. I explain what prediction markets are, why regulators are increasingly alarmed, and how an escalating federal–state fight (plus new legislative and enforcement pressure) is setting up the next wave of high‑stakes litigation. Key Topics Covered: How prediction markets work: event contracts, probability pricing, and why supporters see them as powerful information‑aggregation tools. Why regulators get uneasy when contracts shift from commodities and macro indicators to human behavior, politics, war, and public‑health crises. The “death markets” debate, including controversial contracts tied to violence and ongoing emergencies—and how backlash can reshape platform policy and regulatory narratives. Federal–state preemption fights: the CFTC/DOJ push for exclusive federal authority under the Commodity Exchange Act versus state gambling‑law enforcement. Congressional efforts to close the perceived “back door” for sports‑ and casino‑style contracts offered through CFTC‑regulated event markets. The arrival of insider‑trading and manipulation enforcement in prediction markets—and why “novel contract” does not mean “regulatory free zone.” Emerging civil‑liability theories: platform negligence, fraud and misrepresentation claims, consumer‑protection suits, and reputational risk as litigation matures. Based on a review of court filings, agency statements, news reports, and scattered commentary, I discuss why prediction markets are becoming a litigation magnet—caught between federal commodities law, state gambling regimes, and growing concerns about market integrity and moral hazard. Tom Hagy Host | Emerging Litigation Podcast Sources relied on for this episode: CFTC, Press Release, “CFTC Sues Trio of States to Reaffirm its Exclusive Jurisdiction Over Prediction Markets” (Apr. 2, 2026). CFTC, Press Release, “CFTC Enforcement Division Issues Prediction Markets Advisory” (Feb. 25, 2026). Congressional Research Service (CRS), “Prediction Markets and Insider Trading Law” (Mar. 18, 2026). CRS, “Prediction Markets: Policy Issues for Congress” (Mar. 20, 2026). Senator Schiff press release, “Sens. Schiff, Curtis Introduce Bipartisan Legislation to Ban Sports Prediction Market Contracts” (Mar. 23, 2026) 17 C.F.R. § 40.11 (eCFR), “Review of event contracts based upon certain excluded commodities” (Apr. 2026). Federal Register, Commodity Futures Trading Commission, “Event Contracts,” 89 Fed. Reg. 48968 (June 10, 2024). ______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
SummaryOne Size Fits None in Modern Employment Law with Jerry Maatman
Mar 1900:48:24Summary readyNumerous aspects of the modern workplace are evolving fast—and so are the legal risks.In this episode, I get to speak with Gerald L. Maatman, Jr.—a nationally recognized employment litigator and author with 40 years in practice. A partner with Duane Morris in Chicago, he has defended some of the largest “bet-the-company” class actions in the U.S. and is known for helping employers anticipate and prevent large-scale litigation risks.We talk about how remote work, ADA compliance, workforce reductions, arbitration, DEI policies, and AI tools are reshaping employment law.We discuss:▪️ How courts are redefining “essential functions” in the remote work era.▪️ ADA compliance and running a defensible interactive process.▪️ WARN Act risks in distributed and remote workforces.▪️ Why RIFs require careful planning and statistical review.▪️ Arbitration strategies post-Epic Systems—and where they fail.▪️ Legal boundaries for DEI programs in a shifting landscape.▪️ AI in hiring and performance management—and emerging compliance risks.From policy design to litigation exposure, the message is clear: decisions must be documented, consistent, and defensible.If you manage people, risk, or compliance, this episode offers practical guidance for navigating today’s complex employment landscape.🙏 Special thanks to Jerry for taking the time to share his insights and experience with us. His energy and enthusiasm for the subject are inspiring.To access a roadmap for navigating employment law complexities while building stronger, more productive workplaces, check out Jerry's book, 'The Employment Law Manual: A Practical Guide for Business Owners, Managers, and Executives'.Tom HagyHost of The Emerging Litigation Podcast______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
SummaryAgentic AI on Trial: You Be The Judge Part 2 - Smart City Traffic Control
Mar 1800:22:23Summary readyA smart city traffic system powered by agentic AI promises efficiency—but what happens when it fails under pressure?This is the second episode in a three-part series exploring real-world legal and governance challenges surrounding agentic AI.In this episode, we examine a scenario where an autonomous system managing traffic signals, routing, and emergency coordination collapses during a perfect storm: a major event, road closures, and severe weather. The result—gridlock, crashes, delayed emergency response, and a life-threatening failure.Featuring:▪️ Galina Datskovsky, PhD, CRM, FAI — Board of Directors, FIT and OpenAxes; Information Governance and AI expert▪️ Marina Kaganovich — AMERS Financial Services Executive Trust Lead, Office of the CISO, Google Cloud▪️ Hon. Lisa Walsh — Florida Circuit Judge, 11th Judicial Circuit, Miami-Dade CountyWe explore what should have been built before deployment, including human oversight, escalation protocols, and safeguards that prioritize safety over optimization.We also discuss:▪️ Why AI systems can’t be trained for every edge case▪️ The importance of validation, monitoring, and auditability▪️ Legal liability and shared responsibility across cities, developers, and users▪️ How sovereign immunity shapes public sector accountabilityIf you’re thinking about AI governance, liability, or public infrastructure risk, this episode offers a practical framework for evaluating responsibility before failures occur.🙏 Special thanks to Galina Datskovsky, Marina Kaganovich, and Judge Lisa Walsh for sharing their insights and expertise, and to Kathryn M. Rattigan, Partner, Data Privacy + Cybersecurity with Robinson+Cole for bringing this team to the Emerging Litigation Podcast. ______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
SummaryDOJ’s AI Litigation Task Force and What It Signals for Corporate AI Governance with Adria Perez
Feb 2500:48:58Summary readyRegulators are no longer asking about AI principles — they want proof. Legal teams must show how their controls work, withstand scrutiny, and protect privilege.In this episode, I speak with Adria Perez about the evolving landscape of AI policy and what it means for corporate compliance. Our conversation focuses on the U.S. Department of Justice’s AI Litigation Task Force and the growing expectation that organizations demonstrate real oversight, documented controls, and responsible use of AI. Adria shares practical insight into the challenges and opportunities AI presents for legal departments, as well as how governance frameworks can help companies adopt these tools with confidence.Adria Perez is a partner in Reed Smith’s Global Regulatory Enforcement Group and a former member of the Volkswagen AG Independent Compliance Monitor and Auditor team. With deep experience at the intersection of enforcement, compliance, and monitorship expectations, she brings a perspective that in-house counsel and compliance leaders increasingly need as AI oversight rises to the board level.During our discussion, we cover:Artificial intelligence as both a strategic asset and a compliance challengeThe DOJ’s AI Litigation Task Force and what it signals for corporate oversightBest practices for responsible AI use, governance, and internal controlsAI’s growing role in whistleblower complaints and internal investigationsWorkflow efficiencies and operational advantages AI can deliverProtocols and employee training essential for safe, effective adoptionCommunicating AI initiatives, safeguards, and successes to corporate boardsIf you’re responsible for compliance, investigations, or AI governance, this episode offers a clear look at how legal teams can adapt and lead in a rapidly changing environment.Special thanks to Adria Perez for sharing her insights and making the time to join us.Tom HagyHost | The Emerging Litigation Podcast______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
SummaryFTC Warns Law Firms: Rethink Your Diversity Collaborations
Feb 1200:17:42Summary readyThis episode dives into the latest warnings issued by the Federal Trade Commission to major U.S. law firms regarding their participation in diversity certification programs. I outline the broader pattern of executive branch pressure and explore the implications for law firms and media companies. Key Topics Covered: FTC Chairman Andrew N. Ferguson’s cautionary letters to 42 law firms participating in Diversity Lab’s Mansfield Certification program, highlighting potential antitrust liability under the Sherman Act and FTC Act. The Mansfield Rule’s origins, modeled on the NFL’s Rooney Rule, and its focus on expanding opportunities for underrepresented lawyers without mandating quotas. Judicial decisions, including Perkins Coie LLP v. DOJ and Jenner & Block LLP v. DOJ, addressing claims of discrimination and political retaliation in the context of diversity initiatives and legal advocacy. The Trump administration’s use of antitrust law to challenge perceived collusion in both legal and media sectors, including scrutiny of media partnerships like the Trusted News Initiative and high-profile media mergers. Broader ideological and regulatory trends, including heightened enforcement, government intervention in media ownership, and ongoing appeals in federal courts. Discussion Points: How coordinated diversity efforts may be viewed as labor-market collusion and the legal risks for law firms. The intersection of antitrust law, freedom of speech, and diversity initiatives in shaping the future of legal and media industries. The potential impact of executive orders and regulatory actions on the independence and competitive landscape of law firms and media companies. I discuss how law firms and media organizations must adapt to an environment of increased political scrutiny, regulatory enforcement, and ongoing legal challenges. Tune in for the latest in the evolving relationship between private power and government oversight. Tom HagyHost | Emerging Litigation Podcastp.s. I know. I said D-O-G instead of DOJ. Speaking is hard. ______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
SummaryAn Innovative New Law Firm Self-Ranking Tool with Molly Huie and Sara Lord
Jan 2600:27:59Summary readyLaw firm headcount and revenues are a poor proxy for measuring leadership and excellence. In this episode I had the pleasure of chatting with Molly Huie, team leader of proprietary, industry thought-leadership surveys and data-based award programs at Bloomberg Industry Group. Joining me to interrogate Molly is data strategist Sara Lord of Reed Smith, the best kind of tech, law, and legal-tech nerd. We interviewed Molly about Bloomberg's relatively new law firm ranking service that we think is pretty innovative. It helps firms make detailed, four-pronged examining of performance and effectiveness that goes beyond traditionally examined characteristics and metrics. The new Leading Law Firms program blends financial strength, talent, growth, innovation, and excellence-related metrics into an interactive experience where you can sort, compare, and drill into firm-level dashboards to reveal actionable metrics. What makes it different? The data is submission-only and transparently shared, with sensitive answers aggregated for scoring rather than exposed as competitive intel. The tool is also unique in its ability to reveal -- via an interactive interface -- how small and midsize firms may innovate as well as, or faster than, the giants.Who benefits? We talk through the types of professionals expected to get the most value out of this tool, e.g., business development and marketing leaders seeking sharper positioning, managing partners who desire meaningful and comparative performance metrics, among others. Enrollment is now open. Check it out! Disclosure: I am not being compensated for sharing this. God knows I've asked. ______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
SummaryAgentic AI on Trial: You Be The Judge Part 1 - Medical Diagnostics
Jan 2100:30:58Summary readyIn this three-part series our guests reprise their panel discussion at the Executive Women’s Forum DSG Global conference titled "You Be The Judge," during which they explored scenarios involving harms potentially caused by Agentic AI.In Episode 1 they discuss an Agentic AI mammography triage system designed to flag positives for a radiologist, auto-send “all clear” letters for negatives, and operate with minimal human oversight. They answer this difficult question: When the machine gets it wrong, who is accountable? Developers, hospitals, clinicians, and/or data providers? What role do contracts, warnings, and intended-use labels play in establishing liability? What safeguards would balance speed and safety? Random audits? Documentation? Will a new standard of care develop for machine decision-making? I take the back seat in this series as the panelists moderate the discussion. They are:Galina Datskovsky, PhD, CRM, FAIBoard of Directors, FIT and OpenAxesInformation Governance and AI expertMarina KaganovichAMERS Financial Services Executive Trust LeadOffice of the CISO, Google Cloud Hon. Lisa WalshFlorida Circuit Judge11th Judicial Circuit, Miami-Dade CountySpecial thanks to Kathryn M. Rattigan, Partner, Data Privacy + Cybersecurity with Robinson+Cole for bringing this team to the Emerging Litigation Podcast. If you work in health tech, compliance, or hospital operations -- or you advise these professionals -- this conversation offers a clear-eyed guide to deploying autonomous agents responsibly—without sleepwalking into preventable harm. If you like what you hear, watch for Episodes 2 and 3. ______________________________________Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedInEmerging Litigation Podcast on LinkedInEmerging Litigation Podcast on the HB Litigation site
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