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Litigation Radio

Latest episodes

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Sep 20, 2022 • 40min

ADR and the Professional Responsibility of Lawyers

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.
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Sep 6, 2022 • 43min

Twitter vs. Elon Musk Showdown: What could happen in court? Experts Weigh In

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.
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Aug 2, 2022 • 40min

How to Succeed as a Trial Lawyer? –Tips in Appellate Litigation

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.
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Jul 5, 2022 • 44min

How to Effectively Depose a Financial Expert Witness

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.
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Jun 7, 2022 • 40min

Next Level Networking for Lawyers, with Jordan Harbinger

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.”
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May 17, 2022 • 10min

Serving at the Pleasure of the President

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.
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May 17, 2022 • 16min

Ransomware and Security: How to Better Protect your Clients

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.
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May 17, 2022 • 14min

How to Handle the Unexpected in Court

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. 
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May 17, 2022 • 12min

Highlights from the ABA Litigation Section: 2022 Annual Conference

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.
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May 3, 2022 • 42min

Litigation Finance for Parties and Law Firms with Jason Levine

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

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