Emerging Litigation Podcast

As political forces target Diversity, Equity, and Inclusion programs, companies reassessing their DEI strategies must tread carefully—because, while the landscape has shifted, employment discrimination law has not. Joining me on the Emerging Litigation Podcast is employment law attorney Patice L. Holland [https://www.woodsrogers.com/team/patice-holland], a Principal at WoodsRogers in Roanoke, Va. Patice shares with me what companies need to know as they reassess their DEI initiatives in light of President Trump's recent executive orders and increasing public and political pressure.  Patice explains that while the administration has moved to eliminate disparate impact liability and deprioritize federal enforcement, core legal protections under Title VII and state laws remain fully intact. Employers—especially federal contractors—face complex new certification requirements and exposure to potential False Claims Act liability, while private businesses must weigh operational risk, employee morale, and public perception in their decisions.  We also examine the ripple effects across corporate America—from Costco and Apple, which continue to be invested in DEI, to Target and Amazon, which scaled back initiatives and faced backlash. Patice suggests practical considerations for navigating any changes, emphasizing clear communication, leadership buy-in, and careful risk assessment.  Listen in as she explains the real impact and power of the executive orders, how obligations differ for government contractors and private companies, the legal and strategic risks of altering DEI policies, and the real-world business consequences of staying the course—or stepping back. 💬 Have thoughts or want to contribute to future episodes? Email: Editor@LitigationConferences.com Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast Home Page [https://litigationconferences.com/emerging-litigation-podcast/] LinkedIn [https://www.linkedin.com/showcase/76216306/admin/]

Southern California’s wildfire season has turned into a year-round crisis, and with it comes a surge in litigation. On this episode of the Emerging Litigation Podcast, we explore the aftermath of the devastating January 2025 wildfires, including the high-profile Eaton and Palisades fires, and the complex legal battles now unfolding. My guest, Ed Diab [https://dcfirm.com/about/], is a founding partner of Diab Chambers LLP [https://dcfirm.com/], a boutique law firm with a sharp focus on wildfire litigation. Ed and his team have worked alongside national firm Baron & Budd to represent over 100 public entities in wildfire cases dating back to 2015. His deep experience in this area, combined with an insider’s perspective on utility liability, makes him uniquely qualified to discuss the challenges and strategies involved in these high-stakes cases. As of early 2025, more than 100 cases have been filed against utilities like Southern California Edison, with public entities, individuals, and insurance carriers seeking damages for widespread destruction. In this conversation, Ed breaks down the causes of these fires, the legal strategies in play, and the uphill battle plaintiffs face when going up against major power utilities. Ed walks us through California’s unique inverse condemnation doctrine, negligence claims, and how utility companies defend themselves—challenging liability, infrastructure management, and fire prevention efforts. We also discuss the challenges of evidence preservation, particularly when transmission towers remain critical to the state’s power grid. From the legal wrangling over the Eaton Fire to the complexities of the Palisades rekindle, Ed shares the latest developments and what litigators should expect moving forward. His insight into the coordination between local and national firms and how they’ve successfully pursued wildfire claims makes this a must-listen episode for anyone following disaster-related litigation. 🎧 Tune in for insights on: ✅ Common causes of wildfire litigation and liability determination ✅ How plaintiffs build cases against utilities through expert investigations ✅ Strategic use of inverse condemnation and negligence claims ✅ Key defenses raised by utilities and how plaintiffs respond ✅ The current status of major wildfire cases and emerging litigation trends If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. [%20Editor@LitigationConferences.com] Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast Home Page [https://litigationconferences.com/emerging-litigation-podcast/] LinkedIn [https://www.linkedin.com/showcase/76216306/admin/]

Whopping jury verdicts from 2024 illustrate why trial teams sometimes include appellate counsel, because including them -- even as you prepare to defend a high stakes case at trial -- can improve your chances on appeal should a jury hand you a half-billion-dollar verdict. But what functions do appellate attorneys perform at trial? Are they listening for errors or proactively guiding trial counsel? Do they ever address the court or sit quietly at the defense table or maybe in the back row? To answer these questions and more is Jeffrey P. Doss [https://www.lightfootlaw.com/people/jeffrey-p-doss], a partner in the White-Collar Criminal Defense & Corporate Investigations practice group at Lightfoot, Franklin & White LLC [https://www.lightfootlaw.com/], a civil defense litigation firm. Jeff has served as appellate counsel for an automobile manufacturer for 10 years. In this role, he has supported trial teams pre-trial, at trial, and post-verdict through appeal. Jeff has developed and implemented strategies to address a range of legal issues, from jury selection errors to expert exclusions, evidentiary objections, and post-verdict challenges to punitive damages awards. Thanks to Jeff for taking the time to share his insights on this, and for entertaining my curiosity about the efficacy of beards in the practice of law. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. [%20Editor@LitigationConferences.com] Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast Home Page [https://litigationconferences.com/emerging-litigation-podcast/] LinkedIn [https://www.linkedin.com/showcase/76216306/admin/]

The horrific wildfires unleashing carnage in Southern California underscore the need for reliable insurance protection both for businesses and homeowners. As of Jan. 16, 2025, these wildfires have scorched more than 60 square miles, claimed at least 25 lives, and left 26 people missing. With more than 12,000 structures destroyed and tens of thousands displaced, the economic impact is estimated between $135 billion and $150 billion.   On a new episode of the Emerging Litigation Podcast, we discuss the types of damages and losses typically covered under homeowner and commercial property insurance policies, policy limitations, navigating the claims process, and business interruption coverage. We also discuss a Jan. 10, 2025, ruling out of the Northern District of California in Bottega v. National Surety which held in a business interruption case that whether smoke damage caused the suspension of operations at the policyholders’ businesses is a genuine issue of fact. My guests are all from the long-time insurance recovery law firm of Anderson Kill. Dennis Artese [https://andersonkill.com/people/dennis-j-artese/] is a shareholder in the New York office and is chair of the firm’s Climate Change and Disaster Recovery practice group. Marshall Gilinsky [https://andersonkill.com/people/marshall-gilinsky/] is a shareholder the firm’s Boston office and practices in the firm’s Insurance Recovery and Commercial Litigation groups, as well as its Restaurant, Retail & Hospitality Group. Joshua Gold [https://andersonkill.com/people/joshua-gold/] is a shareholder in the New York office. He chairs the Cyber Insurance Recovery Group and co-chairs the Marine Cargo Insurance Group. He also handles directors and officers insurance and business income/property insurance matters. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. [%20Editor@LitigationConferences.com] Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast Home Page [https://litigationconferences.com/emerging-litigation-podcast/] LinkedIn [https://www.linkedin.com/showcase/76216306/admin/]

NFTs – or non-fungible tokens – have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world.  These unique digital certificates, recorded on a blockchain, exploded onto the scene in post-pandemic 2021 with record-breaking sales and widespread media coverage. One of the most amazing examples is "The Merge" by the anonymous artist Pak, which sold for a staggering $91.8 million.  The Bored Ape Yacht Club is another fascinating story. This collection of 10,000 unique, cartoonish apes, each with its own distinct features, became incredibly popular in 2021. Owning a Bored Ape would become a status symbol in the NFT community. However, the meteoric rise of NFTs was followed by a significant downturn, leading many to question the future of NFTs. While the initial hype and astronomical prices may have subsided, the underlying technology and potential of NFTs remain promising. For insights into this evolving landscape, listen to my conversation with Cameron Pick of Marshall Gerstein [https://www.marshallip.com/cameron-b-pick/]. An experienced expert in intellectual property law with a focus on emerging technologies, Cameron advises clients on a range of legal issues related to NFTs, blockchain, and cryptocurrency. He holds a J.D. from Duke University School of Law and a B.S. with honors in electrical engineering from the University of Illinois, Urbana-Champaign. This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences [https://litigationconferences.com/] and the Fastcase [https://www.fastcase.com/about/] legal research family, which includes Full Court Press [https://lawstreetmedia.com/], Law Street Media [https://lawstreetmedia.com/], and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media [https://lawstreetmedia.com/]. If you have comments or wish to participate in one our projects please drop me a note at Editor@LitigationConferences.com. [%20Editor@LitigationConferences.com] Tom Hagy Litigation Enthusiast and Host of the Emerging Litigation Podcast Home Page [https://litigationconferences.com/emerging-litigation-podcast/] LinkedIn [https://www.linkedin.com/showcase/76216306/admin/]