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.
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Episodes
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Insurance Coverage Litigation's Modern Mayhem with Jeremy Moseley
Sep 200:48:10Summary readyInsurance. It’s something we all pay for and hope we never need. But behind the scenes, it’s a world of evolving risks, high-stakes litigation, and technology that’s changing faster than the laws that govern it.In this episode of the Emerging Litigation Podcast, I interview Jeremy Moseley, partner at Spencer Fane in Denver, Colorado. Jeremy defends mass and class actions involving insurance regulations, healthcare, consumer products, and more. He’s seen firsthand how automation, AI, and climate change are presenting new risks — and he’s here to share what’s coming next.We talk about how technology that makes claims handling faster and easier is now fueling lawsuits. How customized policies, while great for consumers, can leave dangerous gaps. And how juries today are awarding damages that would’ve seemed outrageous just a few years ago.Jeremy explains “social inflation” and the rise of thermonuclear verdicts—why $20 million doesn’t sound like much anymore, and how insurers can push back with reality-based defense strategies. He also dives into climate change, shifting storm patterns, and how unprepared infrastructure are creating new underwriting challenges.And yes, we talk about Dr. Evil, and Ecclesiastes, and my horse Jefferson from a dude ranch vacation in Colorado.This episode is a warning, a guide, and a conversation about the future of insurance litigation. Jeremy’s insights are sharp, timely, and grounded in real-world experience. If you work in insurance, law, or just want to understand how emerging risks are reshaping the world around us, this one’s for you.Thanks to Jeremy Moseley for joining us.Tom HagyHost, The Emerging Litigation Podcast💬 Have thoughts or want to contribute to future episodes? Email: Editor@LitigationConferences.com
SummaryWhat DEI Changes Mean for Employers Featuring Patice Holland
Apr 30, 202500:37:57Summary readyAs political forces target Diversity, Equity, and Inclusion programs, companies reassessing their DEI strategies must tread carefully—because, while the landscape has shifted, employment discrimination law has not.Joining me on the Emerging Litigation Podcast is employment law attorney Patice L. Holland, a Principal at WoodsRogers in Roanoke, Va. Patice shares with me what companies need to know as they reassess their DEI initiatives in light of President Trump's recent executive orders and increasing public and political pressure. Patice explains that while the administration has moved to eliminate disparate impact liability and deprioritize federal enforcement, core legal protections under Title VII and state laws remain fully intact. Employers—especially federal contractors—face complex new certification requirements and exposure to potential False Claims Act liability, while private businesses must weigh operational risk, employee morale, and public perception in their decisions. We also examine the ripple effects across corporate America—from Costco and Apple, which continue to be invested in DEI, to Target and Amazon, which scaled back initiatives and faced backlash. Patice suggests practical considerations for navigating any changes, emphasizing clear communication, leadership buy-in, and careful risk assessment. Listen in as she explains the real impact and power of the executive orders, how obligations differ for government contractors and private companies, the legal and strategic risks of altering DEI policies, and the real-world business consequences of staying the course—or stepping back.💬 Have thoughts or want to contribute to future episodes? Email: Editor@LitigationConferences.comTom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome Page LinkedIn
SummaryWildfire Litigation: Building a Case and Establishing Liability with Ed Diab
Mar 20, 202500:25:12Summary readySouthern California’s wildfire season has turned into a year-round crisis, and with it comes a surge in litigation. On this episode of the Emerging Litigation Podcast, we explore the aftermath of the devastating January 2025 wildfires, including the high-profile Eaton and Palisades fires, and the complex legal battles now unfolding.My guest, Ed Diab, is a founding partner of Diab Chambers LLP, a boutique law firm with a sharp focus on wildfire litigation. Ed and his team have worked alongside national firm Baron & Budd to represent over 100 public entities in wildfire cases dating back to 2015. His deep experience in this area, combined with an insider’s perspective on utility liability, makes him uniquely qualified to discuss the challenges and strategies involved in these high-stakes cases.As of early 2025, more than 100 cases have been filed against utilities like Southern California Edison, with public entities, individuals, and insurance carriers seeking damages for widespread destruction. In this conversation, Ed breaks down the causes of these fires, the legal strategies in play, and the uphill battle plaintiffs face when going up against major power utilities.Ed walks us through California’s unique inverse condemnation doctrine, negligence claims, and how utility companies defend themselves—challenging liability, infrastructure management, and fire prevention efforts. We also discuss the challenges of evidence preservation, particularly when transmission towers remain critical to the state’s power grid.From the legal wrangling over the Eaton Fire to the complexities of the Palisades rekindle, Ed shares the latest developments and what litigators should expect moving forward. His insight into the coordination between local and national firms and how they’ve successfully pursued wildfire claims makes this a must-listen episode for anyone following disaster-related litigation.🎧 Tune in for insights on: ✅ Common causes of wildfire litigation and liability determination ✅ How plaintiffs build cases against utilities through expert investigations ✅ Strategic use of inverse condemnation and negligence claims ✅ Key defenses raised by utilities and how plaintiffs respond ✅ The current status of major wildfire cases and emerging litigation trendsIf you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageLinkedIn
SummaryAppellate Lawyers at Trial: Don't Wait Until Your Ox is in the Ditch with Jeff Doss
Jan 27, 202500:22:18Summary readyWhopping jury verdicts from 2024 illustrate why trial teams sometimes include appellate counsel, because including them -- even as you prepare to defend a high stakes case at trial -- can improve your chances on appeal should a jury hand you a half-billion-dollar verdict.But what functions do appellate attorneys perform at trial? Are they listening for errors or proactively guiding trial counsel? Do they ever address the court or sit quietly at the defense table or maybe in the back row?To answer these questions and more is Jeffrey P. Doss, a partner in the White-Collar Criminal Defense & Corporate Investigations practice group at Lightfoot, Franklin & White LLC, a civil defense litigation firm. Jeff has served as appellate counsel for an automobile manufacturer for 10 years. In this role, he has supported trial teams pre-trial, at trial, and post-verdict through appeal. Jeff has developed and implemented strategies to address a range of legal issues, from jury selection errors to expert exclusions, evidentiary objections, and post-verdict challenges to punitive damages awards.Thanks to Jeff for taking the time to share his insights on this, and for entertaining my curiosity about the efficacy of beards in the practice of law.If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageLinkedIn
SummaryWildfire Insurance Coverage for Homeowners and Businesses with Anderson Kill
Jan 16, 202500:33:55Summary readyThe horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. As of Jan. 16, 2025, these wildfires have scorched more than 60 square miles, claimed at least 25 lives, and left 26 people missing. With more than 12,000 structures destroyed and tens of thousands displaced, the economic impact is estimated between $135 billion and $150 billion. On a new episode of the Emerging Litigation Podcast, we discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. We also discuss a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact.My guests are all from the long-time insurance recovery law firm of Anderson Kill. Dennis Artese is a shareholder in the New York office and is chair of the firm’s Climate Change and Disaster Recovery practice group. Marshall Gilinsky is a shareholder the firm’s Boston office and practices in the firm’s Insurance Recovery and Commercial Litigation groups, as well as its Restaurant, Retail & Hospitality Group. Joshua Gold is a shareholder in the New York office. He chairs the Cyber Insurance Recovery Group and co-chairs the Marine Cargo Insurance Group. He also handles directors and officers insurance and business income/property insurance matters.If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageLinkedIn
SummaryIP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick
Dec 12, 202400:19:11Summary readyNFTs – or non-fungible tokens – have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. These unique digital certificates, recorded on a blockchain, exploded onto the scene in post-pandemic 2021 with record-breaking sales and widespread media coverage. One of the most amazing examples is "The Merge" by the anonymous artist Pak, which sold for a staggering $91.8 million. The Bored Ape Yacht Club is another fascinating story. This collection of 10,000 unique, cartoonish apes, each with its own distinct features, became incredibly popular in 2021. Owning a Bored Ape would become a status symbol in the NFT community.However, the meteoric rise of NFTs was followed by a significant downturn, leading many to question the future of NFTs. While the initial hype and astronomical prices may have subsided, the underlying technology and potential of NFTs remain promising.For insights into this evolving landscape, listen to my conversation with Cameron Pick of Marshall Gerstein. An experienced expert in intellectual property law with a focus on emerging technologies, Cameron advises clients on a range of legal issues related to NFTs, blockchain, and cryptocurrency. He holds a J.D. from Duke University School of Law and a B.S. with honors in electrical engineering from the University of Illinois, Urbana-Champaign.This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageLinkedIn
SummaryLast Days of Patent Eligibility Confusion with Ryan Phelan
Nov 21, 202400:29:06Summary readyAs if the rocketing evolution of technology isn't presenting enough challenges to inventors under patent law, the Supreme Court has done its part, too. I just finished reading Graham Moore's novel "The Last Days of Night," where titans of the late 1800s and early 1990s Thomas Edison, George Westinghouse, and Nikola Tesla "clashed with sparks flying over AC and DC electrical power systems," a corny description suggested by my AI editor. Having read the book, it was fun to speak with modern day attorney Ryan N. Phelan of modern day Marshall Gerstein. Listen as this seasoned patent attorney walks me through: The intricate landscape of patent eligibility in the United States. Twin patent law decisions from the Supreme Court -- Mayo and Alice (the name of a singer-songwriter group if I ever heard one, or a sandwich shop).The proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions. *******This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageFollow us on LinkedInSubscribe on your favorite platform!
SummaryThe EPA's New PFAS Safe Drinking Water Rule with John Gardella
Oct 31, 202400:35:47Summary readyOnce again we dive into one of the hottest topics in environmental law right now: PFAS. Specifically, our guest talks about the EPA’s new PFAS Safe Drinking Water Final Rule, which mandates acceptable levels of PFAS in public water systems. This episode is based on a CLE webinar our guest recorded for HB Litigation a couple months back. Since then, if you’ve been following PFAS developments, you know pushback on the rule is coming from several directions, as our guest predicted. Industry groups, chemical manufacturers, and water utilities alike are challenging the rule as, among other things, arbitrary and capricious and exceeding the EPA’s authority. Water utilities are especially concerned about compliance costs. On the technical side, there is debate over whether current technology can even reliably detect PFAS at the levels EPA seeks. Also raised are the complexities associated with increased monitoring and lab testing. Our guest is John P. Gardella, whose 2024 CLE webinar on the subject explored the PFAS litigation landscape, from multidistrict and class action lawsuits to medical monitoring and greenwashing claims. He talks about federal and state regulations that are driving litigation, and offers an outlook for what may be in store in the next few years. A leading voice in PFAS litigation and recognized thought leader, John is a Shareholder at CMBG3 Law, known for his expertise in environmental and toxic tort litigation. A veteran of more than 75 trials, John chairs the firm’s PFAS, Environmental, Risk Management & Consulting, and ESG practice groups. This episode comprises audio from John's excellent webinar. If you are interested in the CLE version of the episode, look for it on the West LegalEdcenter. Go to our page to learn more and to use our partner link. *******This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageFollow us on LinkedInSubscribe on your favorite platform!
SummaryWhen Chemical Crises Strike with Ed Gentle and Kip Benson
Oct 16, 202400:13:04Summary readySoon after emergency response teams scramble into action to address chemical fires, explosions, or other toxic events, attorneys begin gathering and analyzing information either to mitigate corporate risk or to seek remedies for anyone impacted by such an event. Listen to my interview with Edgar C. "Ed" Gentle III and Katherine "Kip" Benson of Gentle, Turner & Benson LLC, about legal activity that goes on in the immediate aftermath of a toxic event, using as a backdrop the recent chemical plant disaster that forced 17,000 Conyers, Georgia, residents to evacuate and many more to shelter in place as a toxic plume hung stubbornly over the homes of as many as 100,000 residents. Ed and Kip draw on their deep experience resolving this type of litigation -- including the settlement of a 20-year-old disaster at the same location -- to discuss the flurry of activity that unfolds at law firms and inside legal departments within hours of a disaster. They also share the impact on such cases of a recent $600 million court-approved settlement of claims that followed the highly publicized toxic train derailment that occurred in East Palestine, Ohio, in early 2023. This is Ed Gentle's second appearance on the podcast. He spoke with me on Episode 48 titled Medical Monitoring for Modern Times. He was the featured speaker on that subject for an HB CLE webinar distributed on the West LegalEdcenter, then Kip Benson joined him for an advanced level webinar on the Medical Monitoring Tort Remedy. You can download his article on the subject for free as published in the Journal of Emerging Issues in Litigation. ******* This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.Tom HagyLitigation Enthusiast andHost of the Emerging Litigation PodcastHome PageFollow us on LinkedInSubscribe on your favorite platform!
SummaryHumans at Work with Leah Stiegler
Oct 10, 202401:11:42Summary readyPeople. We’re complicated creatures. We can be compassionate. We can fall in love. Sometimes we don’t care for each other, but here we are. Also, some people cross the lines of propriety, causing emotional or even physical harm to others on our teams, whether we work with them, for them, or whether we supervise them. And sometimes we work more than regular hours, either because we’re directed to or because we’re willing to do what it takes to help our teams succeed. The workplace can be a labyrinth of tricky situations, and employers need to know how to make sure workers are able to navigate them smoothly, appropriately, and within changing laws and regulations. Our guest is Leah M. Stiegler, a principal attorney at Woods Rogers, who comes to the podcast with extensive experience across a broad spectrum of employment law matters. Leah is a trusted advisor to employers, providing guidance on complex personnel issues, performance management challenges, and fostering a positive work culture. Leah earned her J.D. from University of Richmond School of Law, cum laude, Order of the Coif, and her B.A. and B.S. degrees from Virginia Tech, summa cum laude. Listen as Leah shares practical solutions for a variety of challenges, like love at work, pregnancy at work, discord at work, harassment at work, and working overtime. She talks about gender identity protections, implicit biases, and microaggressions, plus conducting administrative investigations, and ideas to mitigate risk, stay out of court, and maintain a positive work environment. Thanks to Leah for sharing her insights on issues that arise where many of us spend most of our waking hours – at work! Her enthusiasm and passion for this work will be obvious to anyone who listens. I hope you enjoy it as much as I did producing it. ******* This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand of Critical Legal Content (a custom legal content service for law firms and service providers) and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast Home Page Follow us on LinkedIn Subscribe on your favorite platform.
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