International Arbitration: When Your Case Needs A Passport Litigation Radio podcast

33:51

Get down with lawyers who rock, and some rock that led to lawsuits. Litigators Andrés Correa and Chris Patton of the Dallas firm Lynn Pinker Hurst & Schwegmann LLP are both rock and rollers and accomplished litigators. Hear how they make time for their passion for music, but also how the outlet releases stress and opens paths to creative thinking and strategies they’ve applied to their legal career and legal cases. Their passion for music inspired them to cowrite the Litigation Journal article “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll” that explores the legal issues surrounding music and creativity. As those who came before influence styles later on, music copyright claims have led to legal cases that shape the world of music and art. Lawsuits continue to this day. What’s “inspiration” and what’s copyright infringement? From Elvis to Led Zepplin to today. Now, imagine where the brave new world of AI is going to take us . Resources: “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” by Chris Patton and Andrés Correa, Litigation Journal “Jimmy Page, Sony Pictures Sued by Songwriter Over Led Zeppelin Song,” Reuters “Led Zeppelin Emerges Victor in 'Stairway to Heaven' Plagiarism Case,” Reuters “George Harrison’s “My Sweet Lord” Copyright Case,” Performing Songwriter “Robin Thicke, Pharrell Williams to Pay $5 Million to Marvin Gaye Estate for 'Blurred Lines'” NBC News “Reggaeton Copyright Infringement Lawsuit Targeting Over 100 of the Genre’s Biggest Acts to Move Forward,” Variety American Bar Association American Bar Association Litigation Section…

Litigation Radio

1
Leveraging Tech to Level the Playing Field in “David v. Goliath” 40:56

5 weeks ago40:56

40:56

The imbalance of power in the courtroom is often very real whether that’s a David vs. Goliath battle pitting a small-firm plaintiff against a corporate giant, or a situation where a judgment-proof or anonymous defendant evades accountability. The scales of justice are sometimes uneven. Guests Marcus Chatterton and Fred Tecce are veteran litigators who have found themselves in countless courtroom skirmishes opposing all manner of large and small businesses in a variety of corporate, patent, trademark, criminal, and personal injury issues. They explain how tech can help balance an imbalance of resources. Deep pockets may have been an advantage, whether that’s in the form of available manpower or the ultimate ability to pay a claim. But that doesn’t have to be the case. Modern, novel legal approaches and today’s tech tools can help level the playing field as software programs can analyze mountains of evidence that used to require hours of poring through boxes of paper that could overwhelm small firms. “Technology assisted review” is a growing field. Will AI further help attorneys battle an information dump in discovery or chase down anonymous actors and follow online breadcrumbs? The key is pairing legal skills and experience with tech, not only learning to use the newest tools but also learning to explain the findings and methodology to a judge and jury. Technology is changing everything from the way you prepare for trial to the way you present your case. Whether you’re a “Goliath” with a duty to assemble and turn over mountains of discovery, or a “David” faced with digging through that evidence and uncovering precedents that back your client, tech tools are blazing a new trail. Resources: “The Prelitigation Advantage: Leveraging AI for Discovery and Pleadings,” by Nicole Black, ABA Journal National Institute for Trial Advocacy Thomson Reuters Legal Technology Westlaw Oncue Legal Presentation Software “WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP)” “PGA Golfer Phil Mickelson Sues to Find Source of 'Defamation'” American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Inside the Murder Trial of the Century, with Prosecutor John Meadors: The Alex Murdaugh Case 39:15

7 weeks ago39:15

39:15

What’s it like to be a prosecutor in a case so high-profile it was dubbed “the trial of the century”? This special episode of Litigation Radio features guest John Meadors, the veteran murder trial prosecutor hired by the South Carolina Attorney General’s office to help prosecute prominent South Carolina attorney Alex Murdaugh in the sensational 2023 murder trial. In South Carolina, there had perhaps never been a more highly watched and scrutinized trial, and reporters and TV trucks filled the courtroom and the streets. Hear how Meadors and the prosecution team maintained focus and composure under the glare of television cameras and inside a packed courtroom facing a highly skilled and experienced defense team. The pressure during the weeks-long trial was enormous as reporters struggled to uncover every detail while attorneys and the court worked to maintain decorum and ensure a fair and just outcome. Meadors will join the American Bar Association’s Litigation Section Annual Conference as a guest in a session titled, “The Court of Public Opinion: Litigating in the Media Spotlight.” In addition to the conversation with John Meadors, this episode features Larry Kristinik, Chair of the ABA Litigation Section, who provides tips on preparing for large legal conferences, and Judge Griselda Vega Samuel, who highlights the upcoming ABA Litigation Section Annual Conference in Chicago. Mentioned in This Episode: “'He lied and lied!' John Meadors closing argument in Alex Murdaugh trial: full video” YouTube “Trial of Alex Murdaugh,” Wikipedia “To Crown a King, Kill the Law,” by Leonard Niehoff, Detroit Daily News Professor Leonard Niehoff : “Mathew Rosengart, Power Litigator Who Freed Britney Spears From Conservatorship, Closes Chapter of Representing Pop Superstar,” The Hollywood Reporter American Bar Association 2025 Litigation Section Annual Conference April 30 – May 2, American Bar Association American Bar Association Litigation Section…

Litigation Radio

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10 Tips to Be a Successful Litigator 35:38

11 weeks ago35:38

35:38

Get ready to take notes. In this episode, successful litigators and guests Monette Davis, Mark Romance, and Joseph Schaeffer walk us through 10 steps for setting up a successful litigation practice and being a successful litigator. Whether you’re fresh out of law school or setting off on your own after working for a firm, these tips will propel you forward. Your reputation is vital. Hear how to become the most trusted person in the room and a good teammate with a clear, honest voice. Build your reputation with everything you do, whether that’s being impeccably prepared or simply being on time and organized. Think about how you want others to see you (and what you want them to say about you when you’re not in the room). Little things matter, like knowing the rules. Not just the stuff you learned in law school, but state and local rules, even rules specific to an individual judge. Being a top litigator is all about being professional, honest, trustworthy, dependable, and prepared. Take advantage of this insightful, heartfelt mentoring session from three litigators who have been there, done that, and built successful careers. (And don’t forget to be good to yourself.) Resources: American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Expert Diversity—It’s About Winning Cases 38:08

13 weeks ago38:08

38:08

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Deepa Sundararaman, Director with BRG, about diversity in experts. The selection of BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services. ----------------------------------------------------- Attracting, retaining, and promoting a diverse panel of experts remains an important issue for successful attorneys winning cases. A diverse panel of attorneys and experts leads to better thinking by helping legal teams understand how jurors with different backgrounds and experiences will interpret evidence and testimony. Guests Tiffany Shimada and Deepa Sundararaman explain how optimal results follow when we widen the thought process and open ourselves to new angles and ways of thinking. Hear how a diverse team of lawyers and experts can help legal teams spot storylines and arguments that persuade juries. Tiffany and Deepa share examples of when broadening the team and seeking diverse opinions, experiences, and networks worked. Diversity isn’t about politics. It’s about winning cases and satisfying clients. Hear how you can broaden your network of experts and tap into new perspectives you may not have considered, perspectives that could sway jurors in ways you might be missing. Resources: McKinsey & Company, “Diversity Matters Even More: The Case For Holistic Impact” National Association of Women Lawyers American Bar Association American Bar Association Litigation Section…

Litigation Radio

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When It’s Time to “Fire” a Client, Protect Yourself 33:38

16 weeks ago33:38

33:38

What happens when your relationship with a client sours? When, and how, can you fire a client? And how can you avoid getting to that point? Guest Michael LeBoff is a veteran litigator who has worked with a variety of clients over his 25-year career. LeBoff explains that client issues are, in most case, simply a matter of communication, payment, or a client’s frustration with the legal system. The system is complicated, cases take time, and costs may surprise unprepared clients. A lot of this is about managing client expectations. For instance, if a case is held up in a court calendar, communicate to your client that you’re still on the case and let them know what’s going on. But despite all efforts, sometimes things simply don’t work out and you may need to fire a client. It could be over slow payments or because a client has pushed you to behave unethically. Withdrawing from a case has its complications, ethical considerations, and Bar requirements. In these situations, it helps if you’ve documented everything in writing . That includes your strategy, desired outcomes, and costs. Listen to this episode for best practices, how to protect yourself, and how to avoid minefields. RESOURCES: ABA Rule 1.16: Declining or Terminating Representation American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Finding the Right Expert Witness When Your Case Depends on It 42:34

22 weeks ago42:34

42:34

Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Deena Pack, Senior Manager of Expert Witness Services at Round Table Group. The selection of the Round Table Group as the subject of this interview should not be construed as an endorsement by the American Bar Association of the Round Table Group and its services. Finding an expert witness goes beyond fancy credentials and an impressive CV. Guest Deena Pack is a senior manager of expert witnesses for Round Table Group, which wrangles experts for attorneys in cases nationwide. She’s joined by Dan Elms, a shareholder and veteran litigator with the law firm Greenberg Traurig. Let’s dig in. It starts with the CV, but there’s more to it. Don’t be afraid to start with a video interview. Experts may look good on paper, but it’s important to know if they can convey their expertise to a jury in a clear, relatable manner. Presentation and communication can be as important as expertise and authority. Your client’s case may hinge on the experts you select. Don’t be shy about challenging them (because opposing counsel sure will). The jury must trust your witness, but that can be a delicate dance. Too aloof, you lose your audience. Too casual, the jury may wonder if your witness is really an expert. And don’t forget the practicalities. You need an available witness, not someone with a planned lengthy vacation on their calendar. Is the expert a team player who could suggest angles you haven’t considered? What about references from other lawyers? Plus, it’s important to understand what kind of expert you need for your case. Industry knowledge can differ from academic expertise. Can your experts explain where their academic qualifications extend into the specifics of your case? Get the inside scoop on the art of selecting expert witnesses from two guests who live this. Resources: American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Bullying In The Legal Profession: The Hard Data And Hard Reality 40:56

24 weeks ago40:56

40:56

Bullying is a real problem in the legal profession impacting recruitment, retention, and even driving lawyers out of the field. Guests Stephanie Scharf and Bobbi Liebenberg, through The Red Bee Group consulting firm, co-authored a report commissioned by the Illinois Supreme Court Commission on Professionalism titled “ Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change .” We’ve heard anecdotes about bullying in the legal profession, but while anecdotes get some attention or raise eyebrows, they don’t drive change. That takes data. The study produced by Liebenberg and Scharf produced a mountain of compelling data through a survey of more than 6,000 Illinois attorneys. The shocking result: One in four lawyers surveyed reporting bullying. Numbers don’t lie, bullying in the legal profession happens. A lot. Bullying is more than incivility and rudeness. It involves power imbalances, intimidation, humiliation, and control. Sometimes it’s even physical. The study delivers a deep dive into a problem that has received little to no formal examination. Bullying impacts every field and lawyer in the profession, but it’s especially problematic for younger lawyers, women, people with disabilities, and people of color. It’s not “just hazing” and it can no longer be tolerated. This episode will have people talking. Resources: Illinois Supreme Court Commission on Professionalism “Bullying in the Legal Profession: A Study of Illinois Lawyers’ Experiences and Recommendations for Change” by Bobbi Liebenberg and Stephanie Scharf “Her Story: Lessons in Success From Lawyers Who Live It” by Teresa M Beck, Shayna Michele Steinfeld, and Jacqueline Mecchella Bushwack “Her Story: The Resilient Woman Lawyer's Guide to Conquering Obstacles, Book 2,” edited by Teresa M Beck, Alicia M Menendez, and Shayna Michele Steinfeld Previously on the Legal Talk Network, Bobbi Liebenberg and Stephanie Scharf on Lawyer 2 Lawyer, “A Study Into Women Leaving the Law” American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Play Nice: Civility in the Legal Profession 39:23

27 weeks ago39:23

39:23

Civility. There seems to be a lack of it these days. But being civil, developing relationships, and settling differences professionally is especially important in the legal profession. Guests Sonja Arndt-Johnson and Jeanne Huey have studied and written about the line between vigorous representation and civility. Civility in the profession starts with courtesy and politeness, but it’s more than that. It’s about ethical behavior and polite, professional interactions not only with opposing counsel, but with everyone in the courthouse, from clerks to judges. Civility makes the legal system work. But what happens when an attorney steps outside the lines and acts in an uncivil manner? In many cases, civility isn’t just a nice idea, there are rules—both in the courts and through the American Bar Association and state bars—that govern professional behavior and that require attorneys to act with honesty, integrity, and civility. The law is a stressful profession, and it’s vital we keep our heads and remain civil. Harassing behavior and lashing out are never acceptable (and in some cases extreme conduct can result in fines and other disciplinary action). Listen now to learn more about keeping your cool to get ahead. Resources: “Rule 3.4: Fairness to Opposing Party & Counsel,” American Bar Association “Civility Versus Zealous Advocacy: An Attorney’s Duty,” American Bar Association, by Sonja Arndt-Johnson “The Power of Three: Civility, Professionalism, and Zealous Advocacy,” American Bar Association, by Jeanne M. Huey” American Bar Association American Bar Association Litigation Section Chapters: 00:00 Topic Introduction 02:47 What Is Civility? 08:11 Disciplinary Rules for Acting Uncivilly 17:12 Continuance 31:15 Health & Wellness Tip…

Litigation Radio

1
Taking Stock (and Charge) of Your Life and Career: Build Your “Board of Directors” 40:29

30 weeks ago40:29

40:29

As the year winds down, it’s a good time to take stock of your life as both a person and a litigator. Are you going in the direction you want, are you shortchanging one aspect of your life to benefit another? Is it working for you? Guests Anne Marie Seibel and Paula Hinton are experienced and highly successful litigators who explain how they learned to balance family and careers, professional goals, and personal aims. There are times when one part of your life demands your full attention, and then there are times when it’s acceptable to say “no” to a request. Learning to follow mentors, listen to colleagues, and balance family is an art. A big part of this is building your “board of directors,” people you trust to give you honest feedback, people you can lean on for both support and guidance. Your life, professional and personal, is a marathon, not a sprint. Take a moment now and then to listen to yourself and your “team” to learn where you are, where you’re going, and what you want. Life throws a lot at you – sometimes things you can’t control, like the COVID pandemic – and each challenge can take control of your career and your life if you let it. Take charge of your life. Resources: Previously on Litigation Radio, “Step by Step: How a Prominent Litigator Build Her High-Profile Career" American Bar Association American Bar Association Litigation Section…

Litigation Radio

1
“Type A” Lawyers and Retirement: When Is It Time to Step Away? 41:43

38 weeks ago41:43

41:43

When is it time, and how do you know, to step back from your busy, often hectic, law practice and move on to a new chapter. And how do you prepare? Guests Charla Stevens and David Soley have both been highly successful attorneys in New England. Stevens moved on from her work at a law firm to establish a consulting firm, Charla Stevens Consulting. Soley continues to work at the firm Berstein Shur and is the author of the American Bar Association book “Transitioning to Happiness: Type A Lawyers and Retirement.” Soley says lawyers should start preparing now. Being a trial lawyer is a passion, but it’s important to regularly take stock and reflect on your situation. How do you feel? Are you still excited? What would you do if you were no longer a lawyer? It’s important to stay in touch with yourself and create a plan for your second act so that you’ll have an “escape hatch” when you realize it’s time to go. Don’t wait for the last minute. Stevens’ former firm even encouraged litigators to think ahead and understand how many hours they want to work. Hear how she learned to recognize the factors that nudged her to step away and engage in something new. The loss of empathy, stress even outside the workplace, headaches, and even lack of sleep can all be warning signs. We know good litigators are “Type A,” people. And our guests agree a rocking chair isn’t the answer for many of us. Hear how you can identify your other passions, outside the law, and pursue them. Make a list, make a plan, get excited. Consulting, writing, travel, sports, volunteering, teaching? They can offer a fulfilling way to engage and excel. There is life outside the courtroom. Resources: Coastal Maine Botanical Gardens Bernstein Shur website American Bar Association “Real Estate Litigation Handbook” by David Soley “Transitioning to Happiness: Type A Lawyers and Retirement,” by David Soley Charla Stevens Consulting website American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Class Actions: When Your Expert Witness Is (and Should Be) an Economist 38:11

42 weeks ago38:11

38:11

Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Jeffrey Klenk, Managing Director of BRG, about hiring economists as experts. The selection of the BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services. ----- More than 10,000 federal class action cases were filed last year, covering a range of areas including securities, antitrust, employment, and consumer protection. What do they have in common? They often rely on an economist’s expert analysis and testimony. So how early should you hire an economist to pick through the data? Guest Jeffrey Klenk, a managing director with the consultant firm Berkeley Research Group (BRG), shares best practices for working with an economist expert witness. Hear how an economist can help litigators, judges, and juries understand what matters in a case by dissecting transaction-level data, valuations, and the impact of outside influences you may not have considered. Here’s a spoiler: Klenk says it can be “fiendishly difficult” to not only understand the merits of a case but also the viability as a class action for both the defense and plaintiffs. From analyzing a case’s potential before filing, to focusing depositions, and to courtroom testimony, an economist can be a litigator’s most valuable tool. When economists and attorneys work together, good things can happen. Plus, a “quick tip” from Latosha M. Ellis of the firm Hunton Andrews Kurth on professional civility. You don’t have to agree with, or even like, everyone. But remember, what goes around comes around. Resources: “Goldman Sachs Settles 2014 Class Action Lawsuit Tied To Metal Trades” “Court Rejects Antitrust Suit In Victory For Comcast” Berkeley Research Group (BRG) “United States - Economist's Perspective (2023/2024): Class Actions – Litigation, Policy and Latest Developments” by Noureen Akber, Jeffrey Klenk, and Mike McDonald 2024 Professional Success Summit, American Bar Association “About Section 337,” United States International Trade Commission American Bar Association American Bar Association Litigation Section…

Litigation Radio

1
“Calamitous” Effect Of Chevron Deference Ruling? What’s Next! 42:57

44 weeks ago42:57

42:57

Let’s look at two recent Supreme Court cases impacting the role and powers of federal regulators. After decades of accepted areas of law that deferred to federal regulators, we are witnessing a shakeup through rulings on the so-called Chevron Deference and the Corner Post decision. How will these landmark rulings change the power held by agencies? The modern regulatory state of the federal governments evolved after the Great Depression during the New Deal to tighten lax oversight blamed for many elements that led to the Depression. As new agencies were created, regulators came to enforce developing legislation, such as the Securities Exchange Act and labor rules. Seventy plus years later, we have our alphabet soup of federal agencies. Expect a slew of new challenges and litigation to follow. “It is impossible to overstate what a complete wreck this is going to make of everything,” says guest and associate professor of administrative law Gwendolyn Savitz, calling the effect of the rulings “calamitous.” How can legislators put the toothpaste back in the tube? “Chevron’s a big deal, it’s reversal’s a big deal,” adds guest and regulatory law veteran Paul Weiland. If you’re involved in regulatory law, you can’t miss this episode. Resources: “Reassessing Administrative Finality: The Importance of New Evidence and Changed Circumstances,” by Gwendolyn Savitz Administrative Procedures Act, Cornell Law School “Loper Bright, Skidmore, and the Gravitational Pull of Past Agency Interpretations,” Yale Journal of Regulation Chevron U.S.A. v. Natural Resources Defense Council, via Justia Corner Post, Inc. v. Board of Governors of the Federal Reserve System, SCOTUSblog Loper Bright Enterprises v. Raimondo, SCOTUSblog Magnuson-Stevens Fishery Conservation and Management Act, NOAA “The Supreme Court Ends Chevron Deference – What Now?” NRDC American Bar Association American Bar Association Litigation Section…

Litigation Radio

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10 Tips For Summer Associates: Turn That Summer Program Into A Job 52:27

45 weeks ago52:27

52:27

It’s summertime, and that means it’s time for law student summer associate and clerkship programs. If you’re a law student, hear from two successful lawyers who used summer associateships to launch bright careers. Guests Monica Latin and Debrán O'Neil are partners at Carrington Coleman Sloman & Blumenthal LLP in Dallas. Latin is now the managing partner while O’Neil is the hiring partner who oversees the firm’s summer associate program. Together, the two provide real-life tips for students in associate programs. Hear the things they look for in an associate and clerk and how these programs lead to job offers. Associateships and clerkships are opportunities often not available to students in other career paths. Make the most of them. In a summer program, remember your goals. Do good work and build relationships. Remember why you’re in an associateship or clerkship. Hear what firms are looking for and how they judge performance. These programs are job interviews. Not just for the firm but for students exploring the firm. Learn what makes a good cultural fit. Both sides are observing each other. Attitude is everything. Be positive. Say yes to opportunities. And make the most of your summer program. Resources: Carrington Coleman Sloman & Blumenthal LLP American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Banking, Regulations, and Litigation: A Perfect Match 40:26

50 weeks ago40:26

40:26

America’s banks play a critical role in our economy, and the industry is one of the most heavily regulated, with rules that affect nearly every consumer, borrower, and saver. In this episode, enjoy a deep dive into the web of regulations banks navigate daily and the role that litigators play. Guests Aaron Krauss and Brett Watson participated in the development of the ABA’s new book, Banking on It: The Ten Most Common Claims Involving Banks . Banking on It is a practical guide to navigating banking litigation. Aaron and Brett are experienced in litigating fraud, credit issues, and lending cases involving banks and financial institutions. Banking litigation usually involves institutions such as credit unions, commercial and retail banks, and even nationally and state-chartered banks. It’s an area full of opportunities for litigators interested in banking regulatory law and the constantly shifting landscape. For example, when was the last time you wrote a check to pay for something? It’s a jungle out there. Anything can happen in the world of banking regulation and litigation. Scams are common, and banks are frequent targets. Tune in to this episode and learn more! RESOURCES: Cozen O’Connor “Banking on It: The Ten Most Common Claims Involving Banks” “How Banks Should Respond To Calif. AG's Overdraft Warning,” Law360, by Brett Watson Law360 articles by Aaron Krauss American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Expert Advice: Finding the Expert Witness Who Will Help You Win Your Case 38:49

52 weeks ago38:49

38:49

Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Dan Rubin, National Business Development Manager of Round Table Group, about using third parties in expert searches. The selection of the Round Table Group as the subject of this interview should not be construed as an endorsement by the American Bar Association of the Round Table Group and its services. ----- Expert witnesses can play a pivotal role in litigation, offering insights and testimony that can make or break a case. But where do you find them, and how do you ensure it’s the right one? Guests Genevieve M. Sauter of Noonan Lance Boyer & Banach LLP, and Dan Rubin, national business development manager for the expert witness search and referral firm Round Table Group, share their insights on locating and presenting the right experts. What are litigators looking for when they select an expert witness? Decades of experience? Advanced degrees? Sure. But also important are intangibles such as geographic location, experience, relatability, manner, and presentation skills. Hear how attorneys search for, test, and select the best experts to match each case. If your case depends on not just expertise, but also how well a jury and judge will understand that expertise, you must dedicate time to the crucial stage of selecting the right expert. Best practices, fees, contracts, discovery, and preparation. It’s all in this episode. Every step will make the difference between winning your case and missing the mark. Resources: Previous episode, “You Need An Expert Witness, But Where Do You Find One?” The Round Table Group Noonan Lance Boyer & Banach ABA Pretrial, Practice & Discovery Committee American Bar Association American Bar Association Litigation Section…

Litigation Radio

1
Lawyers Managing Stress: Living a Healthier, Happier, and Less Stressful Life 41:21

1 year ago41:21

41:21

Being a lawyer involves constant pressure and stress. It’s a profession filled with challenges—everything from demanding partners and tight deadlines to adverse rulings and deadbeat clients. It’s enough to wear down anyone. Guest Erin Clifford is a partner and director of marketing and business development at Clifford Law Offices in Chicago. And she’s also a trained and nationally certified counselor and wellness coach, helping professionals create and maintain healthy lifestyles. As a lawyer, she knows all about stress. As a counselor, she knows the importance of mental and physical well-being. Feeling stressed and overwhelmed can lead to health problems and even substance abuse. It’s easy to fall down a rabbit hole at the cost of simply living a happy, healthy life. Hear Clifford’s tips for improving your outlook, enjoying happy moments, and creating time for yourself and the things that make you happy. Though we sometimes lose sight of it, we are all much more than our law practice. Do you know the signs of chronic stress and stress-related illnesses? Learn how to build resilience, set aside stress, and live a healthier life. Be kind to yourself. Resources: “Setting Boundaries Can Lead to a Happier, Healthier, and Wealthier Life,” by Erin Clifford, American Bar Association American Bar Association American Bar Association Litigation Section…

Litigation Radio

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The Jigsaw Puzzle Of Old And New Laws Governing Today’s AI 47:38

1 year ago47:38

47:38

Generative AI is everywhere, including inside many law practices, creating documents, analyzing data, researching, and creating content. But what happens when AI makes a mistake? Who’s liable? The implications could be enormous, are we may see a new wave of liability litigation. It’s a brave, new world without a lot of legal guardrails. There are existing, vague, nonspecific “tech” and business practice laws, then there emerging – AI specific – laws that aren’t backed by a lot of precedent from the courts. Privacy laws, data usage, intellectual property laws, even state and federal rulings, have created a jigsaw puzzle for lawyers to apply in the AI space. Guest Graham H. Ryan is an experienced litigator and an author and frequently quoted commentator on tech issues and the emergence of generative AI and its consequences. Ryan says it might help to look back to the “wild west” of the Internet’s earliest days and the infamous “Section 230” that has helped decide who’s liable for what when it comes to digital content. How far does Section 230 go when AI starts creating content instead of simply searching for it? And when does Congress get involved? Proceed with caution. Resources: International Association of Privacy Professionals, IAPP IAPP “AI Governance Global 2024” conference “The AI Industry Is Steaming Toward A Legal Iceberg,” Wall Street Journal quoting Graham Ryan Harvard Journal of Law and Technology “Department Of Justice’s Review Of Section 230 Of The Communications Decency Act Of 1996,” U.S. Dept. of Justice Moody v. NetChoice, LLC, via SCOTUSblog “Sanctions for Fake Generative AI Cites Harm Clients,” Bloomberg Law Analysis “The EU Artificial Intelligence Act” “Schumer Launches New Phase In Push For AI Bill,” Politico American Bar Association American Bar Association Litigation Section…

Litigation Radio

1
Jurors: Every Breath You Take, Every Move You Make, They’ll Be Watching You 43:13

1 year ago43:13

43:13

Litigators are used to being in front of a jury. But have you ever wondered what it’s like to be a member of that jury? What are jurors watching? What do they notice? Guest Chauntis Jenkins-Floyd, an experienced litigator, recently served on a jury. And what she learned as a juror is eye opening. Like most of us, Jenkins-Floyd has been summoned for jury duty and dismissed each time. But this time was different. In this episode, she describes her experiences in the selection process, intake, and deliberation. Jenkins-Floyd took it all in. She learned about the jobs and childcare pressures jurors have. She saw what happens in the jury room. “All of my senses were tingling. As a trial lawyer, I never get to see this part,” she explains. What she learned will change how you present your next case. Hear how important your moves are to a jury, starting the moment you enter the courtroom. Eye contact, body language, and even where people sit. Everything matters. How prepared and confident do you look? How friendly and comfortable are you with your client? Jenkins-Floyd explains what jurors are watching. How you ask questions, starting with voir dire, sets up jurors and helps them subconsciously put themselves in your client’s shoes, even without saying it. Jurors watch and see everything you do. Get an inside peek. Resources: American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Her Story: Obstacles Faced By Women in the Legal Profession 45:58

1 year ago45:58

45:58

Meet Teresa Beck and Claire Gibson, two successful and experienced litigators who are deeply involved in the ABA Litigation Section’s Woman Advocate Committee and its two books featuring essays from women in the legal profession: “Her Story: Lessons in Success from Lawyers Who Live It” (2017) and the recent follow-up “Her Story: The Resilient Woman Lawyer’s Guide to Conquering Obstacles” (2024). The new book addresses the challenges women face in the legal profession and the things organizations and firms do, often unintentionally, that make it harder for women in law, all told through personal stories of struggles and successes. Beck and Gibson, both committed to diversity, equity, inclusion, and belonging, discuss these collections of stories that tap into the experiences of litigators in a range of practice groups, from corporate to government positions. These are situations that arise everywhere, from the courtroom to the boardroom to the lunchroom. Why do women in law still face so many challenges and obstacles? It’s nice to imagine gender disparity is a relic of the past, but the statistics tell a different story. There is work for all of us to do, not only toward gender equality but also in racial and ethnic disparities in the legal profession. The stories in these books examine situations that exist, even in organizations that believe they have erased barriers. Fixing the problems starts with acknowledging that they persist. Everyone can learn from this discussion. Resources: Women Advocate Committee American Bar Association “Her Story: Lessons In Success For Lawyers Who Live It” “Her Story: The Resilient Woman Lawyer's Guide To Conquering Obstacles, Book 2” K. Brooke Welch Jessica Blaemire Michal Rogson Steven Velkei Dunlap, Bennett & Ludwig Klinedinst Attorneys American Bar Association American Bar Association Litigation Section…

Litigation Radio

1
Step by Step: How a Prominent Litigator Built Her High-Profile Career 36:22

1 year ago36:22

36:22

We return to our series profiling leading litigators and business builders with guest Paula Hinton, a litigation partner and executive committee member with international firm Winston & Strawn. She’s held numerous leadership positions, is recognized across the profession, and handles a variety of complex cases. And she did it her way. “It starts with taking people out to breakfast!” Growing up the daughter of a respected small-town attorney in Alabama, Hinton jokes that she was “Scout” to a real-life Atticus Finch of the novel To Kill a Mockingbird . Hinton learned at a young age the trust clients place in their attorneys and the duty attorneys have to serve clients and the community, in and out of the courthouse. Hinton’s path took her from a small town to big city firms with international clients. Entering an area of the law that at the time featured few women, Hinton made her own way, walking into senior attorneys’ offices and volunteering for the toughest cases. In an era before the phrase “work/life balance,” she learned to manage the demands of high stakes law in balance with her personal life. Throughout, Hinton strove to raise her profile, develop a strong reputation, and build and sustain business relationships through involvement in nonprofit and association work and by making herself available to senior firm members for complex cases. “Don’t wait for them to find you, you go find them,” she says. Hear first-hand Hinton’s tips for building a high-profile career in litigation, leveraging both corporate and American Bar Association relationships, and building on each previous step. Resources: American Bar Association American Bar Association Litigation Section…

Litigation Radio

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You Need An Expert Witness, But Where Do You Find One? 43:11

1 year ago43:11

43:11

Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Russ Rosenzweig, CEO of Round Table Group, about using third parties in expert searches. The selection of the Round Table Group as the subject of this interview should not be construed as an endorsement by the American Bar Association of the Round Table Group and its services. ______________________________________________________ When representing clients with complex issues, there are times when you need an expert witness. A real expert. Someone who will help you dissect, understand, and present key elements to jurors or judges in a way they can understand. Enter Round Table Group , “the experts on experts.” Guest Russ Rosenzweig is CEO and co-founder of a firm that specializes in identifying, enlisting, and providing expert witnesses and consultants across virtually every possible topic with tens of thousands of affiliated leaders in their field. Hear how litigators find and hire an expert, no matter the niche. Remember that scene in “My Cousin Vinny” when Joe Pesci puts his girlfriend, Marisa Tomei, on the stand as a brilliant expert. It doesn’t happen like that. And they don’t teach this in law school. Learn about the search process, search and hire billing rates, and expert fee negotiations. Many lawyers don’t know where to start. They may be missing the best of the best, or they can waste time trying to find the right expert. Many Round Table Group staffers themselves are lawyers, engineers, and experts. They know how to read a patent or dissect evidence to find the exact right expert to help attorneys prove their point and win their case. Learn how a team of professionals can help you identify your needs, craft the right angle, and dial in to the expert who can push your case across the line. Resources: Aminer.org Experts.com Google Scholar PubMed New York Times, “More And More, Expert Witnesses Make The Difference” Daubert Standard, Cornell University American Bar Association American Bar Association Litigation Section…

Litigation Radio

1
How Today’s (And Tomorrow’s) Legal Tech Can Up Your Game 37:24

1 year ago37:24

37:24

Guest Kathryn “Katie” DeBord leads product development strategy at the global firm DISCO in technological, cloud-based solutions for lawyers and law firms. Tech, from the earliest stages of every case, is no longer an option. Everything from eDiscovery – sifting through oceans of data – to analyzing witness statements to adjusting trial strategy on the fly involves today’s ever-evolving technologies. Are you keeping up? It’s hard to know with so many services bursting onto the scene. Hear how DeBord scans the landscape to track what’s new, what works, and what’s still in the pipeline. You’ve come a long way from the LexisNexis and Westlaw you met in law school. Entire suites of tech platforms, all the way up to generative AI, are on the market and getting better. If your opponent is using the latest, and you’re not … well, that’s not good. Autogenerate timelines, upload and organize evidence, and sift through data as today’s tools accelerate your case and reveal hidden connections. Tech won’t replace your creativity and skill as an attorney, but it can help you work smarter, more efficiently, and achieve better results. (Plus, did you know the CIA has a secret museum of gadgets created by the agency’s Directorate of Science and Technology? And no, you can’t visit it without secret clearance). Resources: Kathyrn “Katie” DeBord’s previous appearances on the Legal Talk Network include: “Legal Innovation: Imagining Creative Solutions for Clients” “Evolve Law: The Future and Direction of Legal Technology” “Evolve Law: Client Driven Technology Solutions” LexisNexis Westlaw American Bar Association American Bar Association Litigation Section…

Litigation Radio

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New Lawyer? Tips for Fitting in, Standing Out, and Learning on the Job 49:19

1 year ago49:19

49:19

Newly admitted lawyers can feel overwhelmed and intimidated. Law schools can’t teach everything, and there’s a lot of on-the-job learning. Some of the work is difficult and complicated. Some of what’s required is as simple as showing up on time and doing work that looks perfect and is free of typos (yes, that matters, even for internal communications). With each task, the best new lawyers progress from competence to excellence. Start with the goal of being a “superstar associate” by being the best lawyer you can be. When new lawyers take on tasks and do good work, others will notice and will mentor you. What any new lawyer makes of their earliest experience in any firm will drive them to the next level, no matter their career path. This episode shares tips for standing out and learning how to be a lawyer from two attorneys who have excelled in their careers and have made partner at their respective firms. Plus, a Quick Tip from the ABA Litigation Section’s Mental Health and Wellness Task Force. Hear how attorneys are vulnerable to eating disorders and substance abuse. Learn to recognize the signs. Mentioned in this Episode: “The Addicted Lawyer: Tales of Bars, Booze, Blow, and Redemption,” by Brian Cuban Brian Cuban, blog National Eating Disorder Association American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Finding New Clients 39:05

1 year ago39:05

39:05

When it comes to your business development goals, guest (and rainmaker) Merrick “Rick” Gross explains the two biggest pools for new clients: internal and external. Internal client development is often overlooked, but it’s as important as finding external clients. Build your book of business through other attorneys at your own firm, especially if you work at a large firm with multiple offices across the country. The principles of internal client development are surprisingly simple. Talk to your colleagues. Be a nice person. Take time to visit your coworkers and listen to them. You can use “cross-marketing” and internal team building to find new clients. Then there are external clients—new business outside your firm. Not surprisingly, the principles are the same. Get out there. Develop personal relationships. Write for publications. Seek out speaking engagements at industry and trade conferences. Join organizations and even have a little fun getting to know people. Nothing replaces being a great lawyer. But these valuable tips provide new tools for building your career and your business. Resources: American Bar Association American Bar Association Litigation Section Carlton Fields law firm…

Litigation Radio

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Well-Being in the Legal Profession: You Are Not Alone 1:00:54

1 year ago1:00:54

1:00:54

Litigators face a variety of intense stressors including tight deadlines, conflicts with opposing counsel, traumatic issues facing clients, and the competitive nature of litigation. It’s a daily battle. What can lawyers do to maintain their mental and physical well-being, and how can courts engage, recognize, and help address these problems? Host Dave Scriven-Young welcomes three professionals who are actively seeking better methods for lawyers to care for themselves and for the legal system and firms to deliver assistance. Guests Shawn Healy, Ph.D., and attorneys Mala Rafik and Gavin Alexander are deeply involved in lawyer well-being programs. Their work has confirmed that there is a greater need for mental health support and care for lawyers, and also that many in the profession are either unaware of available services or are unwilling to seek help for fear of stigma. The Massachusetts Supreme Judicial Court has been a leading voice in the struggle to support those in the legal profession who are struggling with mental illness, anxiety, substance abuse, and suicidal thoughts. More support is needed. Litigation is a difficult profession. Are you yourself—or is someone you know—struggling? You are not alone. It is OK to ask for help. Learn about available resources and services. And share this episode of Litigation Radio. Mentioned in this Episode: “The Full Weight of the Law: How Legal Professionals Can Recognize and Rebound from Depression,” by Shawn Healy and Jeffrey Fortgang Massachusetts Supreme Judicial Court Standing Committee on Lawyer Well-Being Lawyer Well-Being Massachusetts Lawyers Concerned for Lawyers American Bar Association, “Well-Being in the Legal Profession” “Mental Health Initiatives Aren’t Curbing Lawyer Stress And Anxiety, New Study Shows,” ABA Journal “Making It Back: Bruce Simpson Tried To Take His Own Life, Then He Started Healing,” ABA Journal (ABA membership required) 988 Suicide And Crisis Hotline, Free Confidential Support For People In Crisis American Bar Association American Bar Association Litigation Section…

Litigation Radio

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The George Floyd Murder and Next Steps in the Fight Against Police Violence 34:16

1 year ago34:16

34:16

George Floyd was murdered on May 25, 2020, during a brutal arrest by Minneapolis police in public view. His death sparked protests across the country—a call for an end to police brutality. Officer Derek Chauvin was convicted of second-degree murder and pleaded guilty to federal charges, and the three other officers were convicted of state and federal charges. The city of Minneapolis paid George Floyd’s family $27 million. Minnesota Attorney General Keith Ellison joins this episode to discuss his oversight of the prosecution and conviction of Derek Chauvin, as well as his book, Break The Wheel: Ending the Cycle of Police Violence , a reflection on that trial and lessons learned. Attorney General Ellison explores the findings of his book and his experience representing victims of police violence. He walks us through Chauvin’s prosecution, the trial strategy, jury selection, and how the infamous video shot by a 17-year-old bystander was used in the trial. Can we change policing and rebuild trust between police and communities? What steps can be taken in the fight against police violence? Attorney General Ellison also shares his career path from law school to U.S. Congress, and then becoming the first African American and Muslim America elected to Minnesota statewide office. It’s an inspiring story and proof that following your passion can make a difference. Plus, in our Quick Tip segment: Incorporating storytelling into your legal writing. Resources: George Floyd Justice and Policing Act “Break The Wheel,” by Attorney General Keith Ellison 2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program American Bar Association American Bar Association Litigation Section…

Litigation Radio

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Student Loans and the End of Forbearance 42:56

2 years ago42:56

42:56

Americans owe a combined $1.7 trillion in student loans, and the past few years have been a roller coaster ride. Now that the pandemic forbearance is over, what’s next? You may have your own debts, or you may be helping clients deal with these new pressures. What happens if you or your client can’t make a payment or can’t reallocate finances? Now that the pause is over and the bill collector is coming, what options are available to you and your clients? This episode features attorney Latife Neu, who operates her own law firm specializing in student loans and bankruptcy. Student loan repayment is anything but simple, and the pieces are in constant flux. Loan policy has bounced between the Supreme Court and the White House, and the policies are anything but clear. Talk about student loans, parent plus loans, bankruptcy, the pause-restart-pause rules, and it gets complicated in a hurry. There’s nothing simple about this stew of public and private loan borrowing, forgiveness, and repayment. But we can help you understand the questions to ask and the paths to explore. Join the Litigation Section’s virtual book club on December 12 at 1 PM ET to discuss books and other content focused on personal growth and mental health and wellness! Visit https://www.jotform.com/233055582985163 for more information and to register. RESOURCES: Public Service Loan Forgiveness (PSLF) IDR (Income Driven Repayment) Account Adjustment More IDR Account Adjustment information Garnishments and Offset Orders for Student Loans Student Loan Bankruptcy Discharges and Limits (Oh, It’s Complicated) Federal Rules On Discharging Student Loan (Justice Department) IRS Student Loan Forgiveness Rules, IRS.gov American Bar Association Bar Association Litigation Section…

Litigation Radio

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International Arbitration: When Your Case Needs a Passport 34:29

2 years ago34:29

34:29

Let’s talk about international arbitration, an indispensable tool for resolving cross-border conflicts. But first, forget everything you think you know about civil procedure, because home court rules might not apply. In this episode, Dave welcomes guest Aurore Nicaud, an associate with Greenberg Traurig and an international arbitration attorney. Listen in as they discuss how this fascinating field differs from standard U.S. civil practice. Discovery is more limited. There are no depositions. Direct examinations are virtually nonexistent. And when the case is over? Winning is one thing, but enforcement across borders is another, and it depends on which countries are signatories to the New York Convention. When you mix competing legal systems, contracts, and languages, things can get complicated in a hurry. Up for the challenge? Mentioned in this Episode: American Bar Association American Bar Association Litigation Section…

Litigation Radio

1
(New) Order In The Court? A Focus On Judicial Ethics And Bias 48:18

2 years ago48:18