Litigation Radio: Recent Episodes
Legal Talk Network
Hosted by Dave Scriven-Young, this show features conversations with top litigators, judges, and experts to help litigators develop their careers, win more cases, earn more clients, and build sustainable practices. Stay tuned for the tips segment in every episode with Darryl Wilson! Brought to you by the American Bar Association Litigation Section
Is your firm using Artificial Intelligence (AI)? Should it be? AI is expected to have a profound impact on the practice of law. Lawyers are already using AI in their practices to review documents and conduct research. Yet, as the technology emerges, there are ethical, privacy, and practical concerns. Guest Richard Finkelman of the global consulting firm Berkeley Research Group (BRG) is an expert in AI applications in the legal profession. Finkelman is sees AI and machine learning already widely in use, specifically in e-discovery and document review. Four out of five legal firms surveyed by BRG employ AI in some capacity. This is the stuff of today, not the future. AI can already determine if a document is subject to privilege, pinpoint which documents need review, and even scan expert testimony (yours and theirs) for red flags. This speeds workflow, improves accuracy, and protects against potentially sensitive errors. Never again worry about accidentally turning over a privileged document or intellectual property? That sounds nice, but there are risks. Hear how you can incorporate AI tech into your practice, provide disclosures at the start of a case, check for accuracy, and avoid boxing yourself in with pre-trial agreements without knowing what’s coming next in the field. Learn this stuff before your next case.
This is a tough episode because this could be any of us. Guest Jason Ward is a retired, highly successful lawyer. But behind his growing firm, substance abuse took hold even as Ward maintained the veneer of health and professionalism. Ward put constant stress on himself that morphed into mental wellbeing and substance abuse issues. He came to realize his drinking was taking over, not just on vacations, but also at home. At its peak, substance abuse damaged both Ward’s family and professional relationships. When he quit drinking, he found his behavior had altered and he moved on to THC to cope. Ultimately, he was forced to take full control of his own mental health, retire from the culture of legal litigation, and seek professional help. Today, Ward is sober. His is a success story. This is a brutally honest discussion, but it’s one we need to have. As you devote yourself to your clients and practice, are you paying attention to your own health and habits? It’s easy to lose sight when you are focusing on your practice. The business of law can deliver its own form of PTSD, post-traumatic stress disorder. Please be good to yourself. Help is available. Mentioned in this Episode: National Center on Substance Abuse and Child Welfare, U.S. Department of Health and Human Services Substance Abuse Assistance, Government of Canada “Resolving Grave Disputes - The Law Of Dead Bodies In Ontario,” By Jason Ward Mental Health Awareness, American Bar Association Well-Being Programs, Canadian Bar Association American Bar Association American Bar Association Litigation Section
The ABA Women in Litigation Joint CLE Conference is coming to San Diego Nov. 1-3. This is big. If you don’t know about it, you should. The conference focuses on women litigators and judges. It helps women develop relationships, find mentors, learn from others, and share experiences in an environment that is welcoming and insightful. For women, by women. Guests Amy Stewart and Heather White are highly successful litigators who made their own way both as women and as attorneys. They’ve learned the value of authenticity, real friendships, asking for help when they need it and offering a hand when it’s needed. Believe it or not, who you know is really as important as what you know. Relationships and reputations are part of the practice of law. Where are you finding like-minded women and guidance in the litigation field? Create valuable business relationships and real friendships. Hear how others have created their own brand, balanced work and life, and learned from those who have created their own niche in litigation. The relationships you build let you drive your career forward. Mentioned in this Episode: ABA, Women In Litigation Joint CLE Conference ABA Corporate Counsel ABA DEI: Diversity, Equity, and Inclusion American Bar Association American Bar Association Litigation Section
Guest Melissa Felder Zappala is a litigator with the Washington, D.C. office of Paul, Weiss, Rifkind, Wharton & Garrison LLP. She has had tremendous success litigating high profile, tech-related and commercial cases and class action suits. She also has a profound hearing disability. Zappala describes her experiences as a law student and later a litigating attorney as a deaf person in a world designed for those without disabilities. Disclosure and clear communication are key when working with those with hearing loss. Are you prepared as a litigator to work with counsel with unique needs? The law is designed to be fair for all, but the real world – without some effort and understanding – is often not. Being aware of our differences ensures effective communication and just outcomes. Learn how technology, reasonable accommodation, understanding, and working together can ensure a level playing field for everyone. Being clear, concise, and direct can go a long way. What are the dos and don’ts? Mentioned in this Episode: “Melissa Felder Zappala Publishes Essay on Coming to Terms With Being Deaf in Big Law in ABA’s Litigation Journal,” by Melissa Felder Zappala American Bar Association American Bar Association Litigation Section
Focus groups are common in marketing, but they also can help a lawyer learn what resonates with nonlawyers before presenting a client’s case before a jury. Focus groups, in their simplest form, offer a “test run” for issues and strategies you are considering using in pretrial and trial matters, and will let you know if you are building the best strategy and communicating your legal arguments in a way that is understood. You can even use them to evaluate whether your expert witness is likeable and communicates well. Don’t wait until your client’s fate is on the line! In this episode, guest Ken Levinson, a focus group expert and successful personal injury lawyer, gives advice on how attorneys can incorporate focus groups into their trial preparations.
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 litigators 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 Litigation and Litigation - Intellectual Property.
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.
Congressman Jamie Raskin joins Dave Scriven-Young to give us a behind-the-scenes tour of what a Presidential Impeachment trial looks like as they discuss the last efforts from the House of Representatives to impeach former President Donald J. Trump.
Stay tuned for Darryl Wilson’s tips on artificial intelligence and the legal issues that may arise.
Famed author and attorney Edna Selan Epstein stops by to talk with Dave Scriven-Young about Attorney Client Privilege, how it’s developed over the years, and related ways to save cost in discovery. In addition, they talk about starting her firm, lessons she’s learned, and much more.
Stay tuned for Darryl Wilson’s tips on the scope and use of Attorney-Client Privilege.
You may have heard that happy people have a purpose. So what’s yours? Some litigators believe that being a lawyer is their purpose . . . but is that true? The Honorable Tiffany M. Williams from the Pepperdine Caruso School of Law joins Dave Scriven-Young to talk about the importance of knowing your purpose and being fulfilled.
Stay tuned for Darryl Wilson’s tips for winning objections!
Who better than a curmudgeon to make your firm more profitable? Famed author Mark Herrmann of The Curmudgeon’s Guide to Practicing Law joins our host Dave Scriven-Young to discuss the best ways to “land whales” through writing, networking, and public speaking.
Stay tuned for Darryl Wilson’s tips for building your book of business!
Not to be confused with “trial by fire,” a trial by Zoom can be a scary new experience for any hardened litigator. Luckily, others have pioneered best practices for courts, judges, and, yes, lawyers to follow. Host Dave Scriven-Young is joined by Judge Marsha J. Pechman and Judge Thomas Samuel Zilly from the United States District Court for the Western District of Washington.
Stay tuned for Darryl Wilson’s tips for making great opening statements!
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!