Litigation Radio

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.——————————————————————–Quick Tip from the ABA Litigation Section: Indemnification and its Interplay with Insurance Provisions and Third-Party ContractsInsurance 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. --------------------------------------------------------------------------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.