Class action spending has increased for eight consecutive years and is expected to be one of the fastest-growing areas of legal spending in 2023. Join us in this episode as we dive into best practices for reducing cost and managing risk in class action litigation based on comprehensive analysis of historical trends and emerging issues in class action litigation. Guest Jack Clabby, Shareholder at Carlton Fields, LLP, unpacks the strategies and tactics that companies are using to reduce costs and manage risk in class action litigation. 

Whether you're a young lawyer just starting out or a seasoned veteran looking to take your career to the next level, mentorship is crucial for lawyers at all stages of their careers; but finding and fostering a strong mentor-mentee relationship can be challenging. In this episode, we explore the importance of mentorship in the legal profession and discuss the obstacles that can make it difficult to establish and maintain these vital connections. We also discuss the benefits of mentoring for both personal and professional growth, as well as strategies for how to establish and maintain these relationships.

For this engaging and informative discussion, we welcome the Chief Legal Officer of Prudential Financial, Lisa Wolmart. 

From Orangeburg to Ahmaud, host Dave Scriven-Young welcomes Bakari Sellers to discuss civil rights in the United States, then and now. Later, Henry R. Chalmers joins to talk about what you can expect at the ABA Litigation Section’s Annual Conference. This year’s conference offers a unique opportunity to learn from and interact with other top litigators and judges, earn CLE credit, incredible networking to elevate your professional profile, and so much more.

For more information or to register for the 2023 Litigation Section Annual Conference in Atlanta, GA, visit: https://web.cvent.com/event/8685e27b-ea2a-47fc-b24e-14d68677aa78/summary.

More and more legal professionals are becoming familiar with blockchain technology, whether in advising clients on the legal implications of potential blockchain initiatives, dealing with an evolving regulatory landscape, or handling disputes involving blockchain-based technologies and assets. There are many powerful and exciting use cases for blockchain technology and cryptocurrency, but there are also legal and other challenges.

In this episode, we’ll examine what blockchain technology is, what legal professionals need to know about it, and we’ll take a look at some of the legal hurdles blockchain and crypto projects have to overcome. Usman Sheikh, Chair of the Blockchain & Fintech Practice and Transactional Partner in Baker McKenzie's Toronto office, joins us to cover some of these issues and provide some insight.

In this Episode:

• A description of blockchain technology
• How blockchain works
• The legal challenges facing blockchain
• Privacy and regulatory issues
• What legal professionals need to know about blockchain technology

Where does Corporate America stand today in terms of public perception, and how does this impact individual corporate clients? All persons, including corporations, are supposed to be equal before the law; however, individual jurors may have had experiences that lead them to harbor negative feelings towards companies - especially large corporations. Oftentimes, this bias can follow corporations into the courtroom. So what can companies do to combat anti-corporate bias in the jury pool? 

To explore this issue, two experienced commercial litigators, Mitch Edwards and Katherine Savage join the show to discuss what litigators and companies can do to combat anti-corporate bias in the courtroom. 

The rising costs of litigation and increased pressure to control legal budgets has made alternative dispute resolution a desirable way to resolve legal disputes. Mediation and arbitration are two well-known ADR methods, but they're not necessarily the most cost-effective. Can parties possibly resolve their disputes without tearing each other down, and work to preserve good working relationships? The method of collaborative law attempts to help parties resolve disputes in exactly that fashion. To discuss this concept, Dave welcomes Glenn Meier to the show.

Glenn is a business lawyer in Greenberg Traurig's Las Vegas office with experience in the emerging fields of relational contracting and collaborative law. Glenn leverages decades of experience negotiating and litigating commercial disputes to help clients build sustainable collaborative relationships with their stakeholders.

How do litigators maintain relationships with in-house counsel and help their law firms keep clients for the long term? Effective client retention can be the difference between flourishing and failure, and for litigators the problem is exacerbated because cases can be one-off matters that don't naturally keep you in front of clients. To address this issue and more, guests Naomi Berry (Trial Attorney and Shareholder, Carlton Fields) and Nicole Galli (Founder and Managing Member, ND Galli Law). 

The legal industry is constantly changing—client expectations have evolved, law firms are running remotely, and the use of legal technology has increased. So how can litigators keep up and continue to grow and improve their practice? In this episode of Litigation Radio, top legal experts discuss ideas and technology to help build a more scalable and sustainable law practice. Joining this episode are Don Bivens (Chair, ABA Center for Innovation); Kimberly Bennett (Lawyer, Strategist, and Tech Co-Founder for Social Impact Entrepreneurs); Joseph Raczynski (Global Leader in Leveraging Emerging Technologies); and Joseph Gartner (Director, ABA Center for Innovation).

Discussed in this episode:

• New AI-powered legal writing tools
• Scheduling software for lawyers
• Legal chatbots
• Law firm sales customer relationship management (CRM) 
• Lawyer payment methods your clients want
• Client portals and experience platforms for law firms
• And much more...

With one of the largest prison populations in the world, our American prison system has shocking problems; including abuse, violence and consistent violations of prisoners' rights.

According to studies, the US criminal justice system currently holds almost 2 million people—a 500% increase over the last 40 years; with most of those people in jail awaiting trial. Unfortunately, American prisons and jails can be dangerous. Several of our nation's prisons and jails can be understaffed and over populated. And because of inadequate supervision, people in our prisons and jails are exposed to violence, including sexual violence. To discuss what can be done about prison reform and about prisoners' rights, generally, host Dave Scriven-Young welcomes Hernandez Stroud.

Hernandez Stroud is a counsel in the Justice Program of the Brennan Center for Justice at New York University School of Law. An authority on prisons and jails, correctional oversight, and constitutional law, he researches the scope of the federal government’s power to fashion structural and systemic reforms that prevent and remedy the failure of state and local criminal justice institutions in observing the rights of the incarcerated under the U.S. Constitution.

For lawyers looking to expand and grow their law practice, their first thought may be to broaden their marketing efforts and client base. Offer more services to more people and your practice is bound to grow, right? Wrong.

You can’t be all things to all people. Intead, lawyers should dig deeper, narrow their focus, work to develop their relationships, grow their expertise, and establish their niche. In this episode of Litigation Radio, host Dave Scriven-Young chats with litigation attorney Matthew Zorn to discuss how building a niche practice is one of the best ways to develop a profitable law practice and better serve your clients.

Matthew Zorn is a partner at the firm Yetter Coleman LLP, where he represents plaintiffs and defendants in a variety of commercial litigation matters with an emphasis on IP, patent, and regulatory litigation.

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Quick Tip from the ABA Litigation Section: Indemnification and its Interplay with Insurance Provisions and Third-Party Contracts

Insurance provisions are some of the most important provisions in third-party contracts. In this “Quick Tips” segment from the ABA Litigation Section, Latosha Ellis shares one of the easiest ways to avoid litigation and effectively manage contractual risk. Hint: it involves continually reviewing and improving your third-party contract language, including the alignment of insurance policy terms with contractual obligations.

Many areas of the law require attorneys to meet and confer, meaning lawyers must communicate the basis for their disagreement on a legal issue and make a meaningful attempt to reach a resolution. You may be surprised to learn that lawyers rarely agree on anything, but the law still mandates they try. So how can litigators encourage more meaningful and productive meet and confer sessions? And what strategies should they implement to protect their clients? 

To answer these questions and more, Dave welcomes trial lawyer and experienced litigator, Rob Shapiro, to the show. Rob is a partner at Barack Ferrazzano Kirschbaum & Nagelberg, LLP. in Chicago, and has more than 40 years of experience in commercial and intellectual property litigation. 

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Quick Tip from the ABA Litigation Section Mental Health & Wellness Task Force: Dr. Diana Uchiyama, Executive Director of the Illinois Lawyer Assistance Program, shares tips to help lawyers cope with the extra stress and pressures that come with the holiday season. 

With just a week until the 2022 midterm elections, several voters are already hitting the polls; and conversations surrounding election laws, voter protection and election integrity have once again been brought to the forefront of many news outlets. 

Election laws, including voting rights laws, have undergone significant change in many states over the last several years. We've seen the growth of election law litigation in the U.S.; starting with George W. Bush's victory in the 2000 presidential campaign; continuing with more recent litigation over changes to election rules due to the pandemic, and former President Trump's lawsuits related to the  2020 U.S. presidential election. In this episode, host Dave Scriven-Young speaks with experienced election law litigator,  Allegra Lawrence-Hardy, about the good, the bad, and the alarming when of election law litigation - and what lawyers can do to get involved and support election security.

Allegra Lawrence-Hardy is a Founding Partner and Litigator at the Lawrence-Bundy law firm. Lawrence-Hardy is an accomplished litigator, known for her skill in trying cases, negotiating complex settlements, and finding creative solutions.

On August 8th, 2022, federal agents searched former President Donald Trump’s Mar-a-Lago residence in Palm Beach, Florida. Since the search, the public has actively tuned into the various legal and political twists and turns of the case; including the public release of the search warrant, property receipt and search warrant affidavit, the appointment of a special master, and a trip to the 11th Circuit Court of Appeals.

To discuss this case more in-depth, as well as provide insights into what litigators should do if their client gets a visit from law enforcement, host Dave Scriven-Young welcomes two former federal prosecutors – Barbara McQuade and Renato Mariotti. 

The U.S. Supreme Court had a historic last term; including welcoming a new justice, striking down Roe versus Wade, the unprecedented leak of a draft opinion, an assassination plot, and questions from many in the public about the legitimacy of the court. With the court's new term beginning October 3rd, the court will take up additional major cases on issues such as affirmative action, voting, access, LGBTQ rights, immigration and much more. To give us a preview of the upcoming SCOTUS term, host Dave Scriven-Young welcomes special guest and appellate attorney, Mary-Christine ('M.C.') Sungaila to the show. 

M.C. is a Shareholder in the Buchalter's Orange County and San Diego offices. Ms. Sungaila is a highly regarded appellate attorney who has briefed and argued appeals raising cutting-edge and fundamental business issues for over two decades.

Experts and companies often see alternative dispute resolution as a sensible, cost effective way to resolve matters out of court. For all of those purported efficiencies for businesses, individual plaintiffs and their families often mistrust ADR and want their day in court. So how do you get clients to trust the arbitration or mediation process? And what should attorneys do to effectively navigate ADR and persuade arbitrators and mediators?

To discuss these issues, host Dave Scriven-Young is joined by attorney and guest, Kenneth Nolan. Ken is an attorney at Speiser Krause specializing in aviation personal injury and wrongful death litigation and trials. He has represented families in major aviation tragedies, as well as approximately 125 victims of the September 11th terrorist attacks before the Victim Compensation Board. Ken also has authored over 50 articles in The New York Times, as well as several other publications. He is the author of "A Streetwise Guide to Litigation", which provides a practical approach to life and law involving all aspects of litigation, from attracting business to trying a case.

Twitter's lawsuit against Elon Musk is quickly gearing up. Although hearings are scheduled to start in mid-October, thick legal briefs have already been filed with the Delaware Chancery Court. The legal battle over Elon Musk's attempt to back out of a $44 billion deal to buy the social media giant began in July 2022. This litigation is being played out in court as well as in the public. Ultimately, the court will decide whether or not the billionaire Tesla CEO is obligated to follow through with his $44 billion deal to buy the social media company.

In this special Litigation Radio podcast, host Dave Scriven-Young welcomes experienced, security litigators, Danielle Myers and Joe Simms give us the legal arguments from both sides of the aisle.

Unlike trials, appeals involve different strategies, procedures, and perspective. That’s why understanding how the appellate process works, and the strategies involved to improve your case on appeal is critical to the success of your case and your client. 

In this episode of Litigation Radio, host Dave Scriven-Young welcomes trial and appellate litigation expert Lawrence Rosenberg to discuss the ins-and-outs of Appellate Litigation. Don't miss this special episode as the two discuss:

• Tips to Getting Appellate Experience
• What It's Like to Argue a Case Before the United States Supreme Court
• How the Appellate Process Works
• Practical Strategies for Trial Lawyers and Litigators to Improve a Case on Appeal
• How to Have a Successful Oral Argument

Lawrence Rosenberg is a Trial and Appellate Litigation Partner at Jones Day. For 25 years, Larry has tried cases and argued appeals throughout the country and has been lead counsel in numerous matters in the United States Supreme Court. He has considerable experience in regulatory, statutory and constitutional litigation, intellectual property, antitrust, international litigation, labor and employment, products liability, and securities litigation.

The opinions of financial experts are critical to many litigation cases. Financial experts can help suggest financial damages, provide testimony on causation, help a jury better understand complex financial matters and much more. The deposition of a financial expert is one of those things that can make or break a case. That’s why it is important to understand how to effectively depose a financial expert, and the best strategies for these depositions. In this week’s episode, we welcome special guests Jim Abrams and David Benkert to discuss the goals, importance and strategies of effective expert witness depositions. 

Jim Abrams is an experienced litigator and Business Litigation Partner at Taft Law. Jim represents clients in all aspects of civil litigation with a concentration in commercial matters.

David Benkert is a premiere financial expert and Senior Managing Director at Ankura. For over two decades he has been providing clients solutions to their financial accounting and compliance oversight issues. David led forensic investigations, provided litigation support, expert witness testimony, and post investigation remediation guidance.

As litigators, we’re always looking for tips that will give us the advantage in the courtroom, at our jobs, and in life. The whole law school experience teaches us that being smart and working hard will lead to success. However, this week’s guest firmly believes (and life experience will confirm) that our network is actually the untapped advantage we have in life.

Jordan Harbinger joins this episode to talk about: Why it really is all about Networking for Long-term Success, and the Importance of Having a “Can-Do” Attitude in Life. In this episode, Jordan also discusses his career in podcasting, his past as a lawyer, and how lawyers can build meaningful relationships and influence in the legal community.

In this episode:

• Why it really is all about networking and people skills
• How to build relationships that brings in business
• The value of social capital
• The importance of having a “go for it” attitude in life

Jordan Harbinger is a Wall Street lawyer turned podcast interviewer with an approachable style and knack for securing high-profile guests. His podcast, The Jordan Harbinger Show, was selected as part of Apple’s “Best of 2018.”

What does it mean to serve at the pleasure of the President? Just because a lawyer works for the Executive Branch does not mean they are suddenly relieved of professional responsibilities. Former U.S. Attorney General Michael Mukasey stops by to discuss his time with the Department of Justice, dealing with the press, and the critical importance for attorneys to maintain independent judgment.

Cybercrime, particularly ransomware, has skyrocketed over the past few years, leading to data breach lawsuits, regulatory actions, and significant business losses. Attorneys are often the first line of defense and have to advise clients on notice obligations; working with law enforcement; mitigating losses; leveraging insurance; and defending and prosecuting related negligence and data privacy claims. Special guest, Latosha Ellis, joins host, Dave Scriven-Young, to discuss how to advise clients, litigate liability, and maximize insurance recovery when it comes to ransomware and cyber breach.

Some say that the only predictable part of litigation is knowing that the unpredictable will happen. What do you do during a hearing or trial when these unexpected events arise? Experienced trial lawyers, Hon. Judge Carroll J. Kelly, Marc Zucker, Jennifer Seme and Mark A. Romance sit down with host, Dave Scriven-Young, to discuss Tips for Preparing for the Unexpected; and How to Handle the Unexpected, such as failed technology, problems with witness testimony and more. 

The Section Annual Conference is the premier event for litigators. It brings together top litigation professionals from across the country to discuss timely legal issues and the latest in trial advocacy, litigation strategy, and case management. Hear highlights from this year’s 2022 Litigation Section Annual Conference with special guests Beth Kaufman, Rick Gross and Harout Samra.

Large-scale disputes often require large-scale investment. Finance for commercial litigation allows law firms to unlock the value of their lawsuits, and makes it possible for firms, companies and businesspeople to commit the resources needed without the risk of repayment if the case is lost  – continuing to engage in business as usual.

In this special episode of the ABA: Litigation Section, guest Jason Levine discusses how law firms and their clients can obtain litigation financing for commercial litigation cases, and the value of this increasingly mainstream funding solution.

As an Investment Manager and Legal Counsel for Omni Bridgeway, a publicly-traded litigation finance company, Jason Levine helps corporations and law firms obtain non-recourse financing for commercial litigation, mitigate risk, and achieve their growth strategies with financing solutions. These include using litigation portfolios as collateral for off-balance sheet operating capital financing and monetizing claims and judgments.

• [3:36] What is commercial litigation financing
• [7:04] What are the benefits of litigation funding
• [8:04] Types of commercial cases best fit for litigation finance
• [16:00] Why are law firms increasingly engaging in litigation finance
• [17:18] How do you value a litigation claim
• [24:15] Litigation Funding disclosures and requirements

Litigators face distinct challenges when it comes to business development. Unlike their transactional counterparts, clients often only need a litigator once. That means the process of developing business for a litigator is ongoing. Because of this unsteady workflow, identifying a prospective client list, bringing in business and growing your litigation practice can be difficult.  

In this episode, special guests, Sharla Frost and Angela Steffen Meyer, provide litigators with a practical guide to getting more clients and advancing their legal careers through simple and effective business development strategies. 

When the COVID-19 pandemic came, the traditionally change-averse legal profession adapted with amazing speed. Work-from-home became the norm, and associates began to see what’s possible and focus on what’s important to them.

More than 30 million Americans changed jobs since last spring. Attorneys were no exception. It’s up to all of us – from younger associates to senior leadership – to accept and adapt to the new normal. Associates will need to understand, and articulate, what’s important to them. And firms will need to listen and adjust.

Attorneys will still need mentorship, face time, and training, but they may also want to continue enjoying a hybrid work relationship. Firms may see increased profitability as commute times turn to billable hours, but they’ll need to develop boundaries to avoid turning work-from-home to work-around-the-clock.

Guests on this episode include a managing partner, Cyndie Chang; Chair of the American Bar Association Young Lawyers Division Josephine “Jo” Bahn; and attorney/recruiter Nathan Peart. They explain how the environment has changed and how it’s up to everyone to embrace clear communication, new expectations, and how to navigate the new normal.

Plus, a Quick Tip from the ABA Litigation Section, featuring Darryl Wilson. In this edition, a discussion on Rule 12(b) motions. What defenses may be asserted? What options are available? And what are the key elements you must address? And, of course, the rare use of Rule 15(a)(1).

Dave sits down with Anne Geraghty Helms and Julie Gryce of DLA Piper as well as Ira Lustbader from Children’s Rights to talk about the incredible need for pro bono legal work and how lawyers and their firms can get involved.

Stay Tuned for Latosha Ellis’ tip for Federal Diversity of Jurisdiction over Limited Liability Corporations.

So many young lawyers and recent grads are hungry to earn a law clerk position. As prefaced in the ‘Law Clerk Handbook’ by Judge Alvin B. Rubin and his clerk Laura B. Bartell, “the partnership between a federal judge and the judge’s clerk can be a splendid and mutually rewarding relationship”. Host Dave Scriven-Young sits down with Judge Joan Lefkow of the U.S. District Court for the Northern District of Illinois and her former law clerk Gerard Belfort now at Ballard Spahr. Together they discuss what law clerks do, recommendations for earning a clerkship, and tips for litigators in front of the court. 

Stay tuned for Darryl Wilson’s litigation tips about conflicts of interest.

He manages legal operations for one of the most dynamic companies in the world but where did Tony West learn leadership and the skills needed to become Uber’s Senior Vice President, Chief Legal Officer, and Corporate Secretary? In this episode of Litigation Radio, Tony West sits down with host Dave Scriven-Young to impart wisdom earned during his career and the people (e.g. Janet Reno) he learned from along the way. Together they also discuss the DEI initiatives at Uber, how he put together one of the best legal teams in the business, and why successful mentor/mentee relationships become two-way streets in the long run.

Stay Tuned for Latosha Ellis’ tips on picking the best jury for your case.

Many trial lawyers believe that the less their client says to opposing counsel the better... but is that really true? Kenneth Berman, author of ‘Reinventing Witness Preparation’, joins Dave for a deep dive conversation on how you and your client can take control the narrative even during a line of deceptive questioning. Teaching your client how to answer clearly and completely can be the salvation of your case. Tune in to hear all about it.

Stay tuned for Darryl Wilson's litigation tips about protecting 3rd party confidential information during discovery.

Dave Scriven-Young talks with Beth Kaufman of Schoeman Updike Kaufman & Gerber LLP and Professor Lara White from Tulane University Freeman School of Business about the 2021 Women in Litigation Joint CLE Conference as well as the work they are doing to get more women into lead trial roles.

Dave Scriven-Young sits down with Erwin Chemerinsky to talk about what we can expect from the upcoming Supreme Court Term. Together they discuss the ideological leanings of the Justices as well as predictions about what will happen with Roe vs. Wade, Gun Rights, and much more.

Stay tuned for Latosha Ellis’ first litigation segment about preserving evidence on the record.

COVID-19 and its variants have made the return-to-normal very difficult whether you’re talking about work, worship, or schools. Many dispute the proper course of mandates when it comes to vaccines and masks but where does that leave us? Can employers force employees to mask up or vax up? Expert lawyers Jerry Cutler, the Senior Vice President and General Counsel for The New School and Michelle Ballard Miller, the Chair of West Coast Labor & Employment at Cozen O’Connor guide us through it.

Stay Tuned for Darryl Wilson’s tips on returning to in-person court proceedings.

Sustained bouts of stress can have short and long-term impact on your health, relationships, and ability to serve clients. If you’re eating lots of junk food or drinking more-than-average, you might be trying to cope with something that will eventually catch up with you. Don’t be a statistic. Learn better ways to manage inbound stress as it comes up. Dr. Deborah Topol and Lawrence Rosenberg, co authors of the ‘Trial Lawyers Guide to Success and Happiness’ join Dave Scriven-Young to talk about instant ways to manage stress for a long productive career.

Stay tuned for Darryl Wilson’s tips on practicing law during the pandemic and uncertainty.

Meet the hosts of Litigation Radio, a brand new podcast from the American Bar Association’s Litigation Section. Dave Scriven-Young and Darryl Wilson tell us about the show’s mission to help litigators develop their careers, win cases, get more clients, and build sustainable practices. Stay tuned for episode one!