Litigation Radio

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.