TrustCast Show

Laila Rahimi-Keshari on How a Summary Judgment Motion No One Expected to Win Got Won,

What happens when a competitive MMA fighter and classical pianist who studied peace and conflict studies at UC Berkeley decides that defending people is her deepest calling, goes to law school, starts in family law, discovers her true home is toxic tort litigation, and ends up as a partner at Foley defending cosmetic manufacturers in some of the most complex talcum powder lawsuits in the country — while also raising her first child and preparing to walk into a conference room full of personal care product executives who have never seen the inside of a courtroom? In this episode of the Trustcast Show, Zane Myers speaks with Laila Rahimi-Keshari, toxic tort litigation partner at Foley, about the single most important misunderstanding in talc litigation — that talc is not asbestos — and why every case she handles turns on proving that distinction to a judge who may or may not have litigated in this space before. Laila explains how mesothelioma develops as a cumulative dose exposure disease over decades, why most of her plaintiffs were born in the 1940s and 1950s, and why cases where the plaintiff is in their twenties require a completely different approach to alternative causation — including the BAP1 genetic mutation, fathers who came home from pipe fitting jobs with asbestos on their coveralls, and exposure through construction and abatement in older homes. She walks through what it takes to win a summary judgment motion in Los Angeles on a talc case — show the court that the plaintiff's discovery is devoid of any evidence that the product was contaminated with asbestos — and why she did it in a jurisdiction that had not granted that relief to talc defendants in recent memory. They also discuss what it means to practice in California when both the $966 million verdict and the $1.5 billion verdict landed in the same state and how those numbers change the risk conversation with every client, why a case with 45 co-defendants is standard and how she positions her client among them, what the first 48 hours look like when a manufacturer gets served, why the cage taught her more about staying calm under pressure than the piano ever did, and why she will not stop fighting — a lesson she learned long before she ever walked into a courtroom. Laila Rahimi-Keshari is a toxic tort litigation partner at Foley, based in California, defending cosmetic manufacturers in talcum powder and asbestos litigation. Connect with Laila Rahimi-Keshari: LinkedIn: Laila Rahimi-Keshari foley.com Chapters 00:00 Introduction to Laila Rahimi-Keshari 00:46 MMA competitor and classical pianist — what fighting in competition taught her about defending people 01:24 From UC Berkeley peace and conflict studies to toxic tort litigation partner — the turning point 02:33 Defense only — never plaintiff side, always manufacturers 03:08 A claim just got filed against a manufacturer client in California — what happens in the first 48 hours 03:30 Mesothelioma cases get preferential trial dates — a four-month case lifecycle and what that demands 04:25 The practice specialty — cosmetic manufacturers and talcum powder litigation 04:51 California as a plaintiff-friendly state — what that means day to day for a manufacturer 05:29 Talc is not asbestos — the most important distinction in the entire litigation 06:45 Where the asbestos contamination allegation actually comes from — mine deposits and the purification process 08:26 The purification process post-1970s and why modern products go through increasingly strict testing 09:35 First major strategic decision when a company gets named in a mass tort — assessing the complaint and setting up for summary judgment 10:52 General counsel calls and says do we fight or settle — how Laila thinks through that question 12:00 The Los Angeles summary judgment motion no one expected to win — and how they won it 13:12 Over 67,000 pending talc claims in federal MDL — why these lawsuits keep coming decades later 14:45 Mesothelioma as a cumulative dose exposure disease — why plaintiffs are typically 70 and older 15:30 Younger plaintiffs in their 20s and 50s — what that means for the case 16:03 How to defend a manufacturer when the plaintiff says your product caused their cancer 17:20 Forty-five co-defendants in a typical case — how exposure gets distributed across multiple products 19:43 What deposing a plaintiff's expert actually looks like when you are on your game 21:17 What you are looking for when you depose the plaintiff's expert — locking in opinions before trial 21:31 Walking through the Los Angeles summary judgment win in detail — burden shifting, lack of evidence, and the right judge 24:02 How burden shifting works in a summary judgment motion and what plaintiff has to do to survive it #LailaRahimiKeshari #Foley #TrustcastShow #TalcLitigation #ToxicTort #MesotheliomaDefense #ProductLiabilityDefense #CosmeticManufacturerLaw #CaliforniaToxicTort #AsbestosLitigation

Christine Hintze on the $3 Million Hedge Fund Settlement, Why Consent to a Superior Is Never Simple,

What happens when a young female attorney who worked as a paralegal before law school, spent time on the defense side, and then crossed to the plaintiff's side realizes that the women calling her from Wall Street banks and hedge funds are not just victims of harassment but are trapped in situations where the very person controlling their promotions, their performance reviews, and their entire career trajectory is the same person who assaulted them — and that the most powerful tools she has are not always the lawsuit but the non-disparagement clause, the neutral reference, and the non-disclosure agreement that follows the harasser for the rest of his professional life? In this episode of the Trustcast Show, Zane Myers speaks with Christine Hintze of Phillips and Associates about what grooming actually looks like before the harassment becomes undeniable — wine subscriptions, comments about skin, offers to buy a pied-à-terre in the city — and why clients almost never recognize it while they are inside it. Christine explains why quid pro quo sexual harassment is not invalidated by a moment of apparent consent when the person with the power over your career is the one initiating, why the gray area around one night that felt consensual and then a cold shoulder and a reassignment is actually where most of these cases live, and what New York City's strict liability standard for supervisor harassment means in practice compared to the rest of the country. They also discuss the hedge fund associate who stayed at her job for months after being sexually assaulted by her supervising partner because she sent money home to her parents and helped her sisters — and who ended up in an outpatient treatment facility before Christine stepped in, negotiated continued pay through administrative leave, and eventually settled for $3 million — the C-suite executive fired after reporting quid pro quo harassment by the CEO whose company's entire defense was a performance complaint, the Kanye West Gender Motivated Violence Act case involving their client Jen Ann and a 2010 strangulation on a music video set in front of an entire production crew who said nothing, why the EEOC rescinding its 2024 harassment guidance changed the law not at all, and why contingency fee representation at a 60-40 split means nobody needs money to start a case. Christine Hintze is an attorney at Phillips and Associates in New York City, focusing on sexual harassment and employment discrimination in finance and high-stakes professional environments. Connect with Christine Hintze: phillipsandassociates.com New York, New York Chapters 00:00 Introduction to Christine Hintze 00:38 What happens the moment a client first calls — fear, shame, and the courage it takes to pick up the phone 02:21 These situations almost always involve someone in a position of authority — and it can start subtly 03:00 Grooming on Wall Street — wine subscriptions, skin care products, and offers to buy an apartment 04:00 Evidence clients think they don't have — Google Maps location data, subscription confirmations, and text threads 05:14 A client who thought she had no case — what creative evidence gathering actually looks like 05:37 The gray area of consent when your boss controls your promotions, your reviews, and your future 07:00 Quid pro quo sexual harassment explained — and why a relationship that felt consensual at one point does not close the case 08:00 New York City strict liability — if a supervisor did it, the company is liable, full stop 09:12 Protecting the career more than the lump sum — what really matters to women who have spent decades getting where they are 09:28 Non-disparagement clauses, neutral references, and positive references as the most powerful settlement terms 10:15 I reported internally and HR said they'd investigate — did I make a mistake 11:50 I still have to go to work every day and sit across from this person — what are my options 12:01 The case where Christine stepped in immediately and negotiated a resignation with a settlement 13:00 Living month to month in Manhattan — how to advise a client who cannot afford to lose income 15:44 Should I stay at work a few more weeks to gather evidence or leave immediately 17:30 Client mental health always comes first — when staying is not worth it 18:24 What the first few weeks look like after someone hires Christine — information gathering without re-traumatizing 20:27 The $3 million hedge fund settlement — a client on FMLA leave in an outpatient facility after months of reporting to her attacker 22:10 Negotiating continued pay through administrative leave while the case resolved 23:26 Is it hard to stay dispassionate — and why the trusting relationship is actually a strength not a liability #ChristineHintze #PhillipsAndAssociates #TrustcastShow #SexualHarassmentLaw #WallStreetHarassment #WorkplaceDiscrimination #NewYorkEmploymentLaw #QuidProQuo #KanyeWestCase #GenderMotivatedViolenceAct

Jeremy Dover on Why You Should Never Talk to Any Insurance Company

What happens when a young attorney who started his career as a guardian ad litem — the volunteer voice for children placed in the system with no one fighting for them — takes $25,000 of his own money, teams up with his business partner Victor, opens a personal injury firm three months before a global pandemic, outgrows his first office by mid-year, moves into 10,000 square feet by October, and builds a staff of 75 people across South Florida, Tampa, and Chicago while also opening six restaurants, a 501(c)3 animal shelter, and a sports agency representing bare knuckle fighters and NFL players — all while learning that hiring on personality beats hiring on resume every single time? In this episode of the Trustcast Show, Zane Myers speaks with Jeremy Dover, managing partner of Demesmin and Dover, about what to do in the first 24 hours after an accident — call the police, get checked out, and do not talk to any insurance company including your own — and why Florida's no-fault system means you have exactly 14 days to unlock $10,000 in personal injury protection before the other side can offset it against whatever they owe you. Jeremy explains why the insurance company sending you a check right after an accident is not a favor but a strategy to get you to sign away your right to everything you are actually owed, what bad faith actually means in practice and why it is more often laziness than malice, and what happens when you reject a written proposal for settlement and then recover less than 75% of that offer at trial. They also discuss why soft tissue injuries without broken bones have reached seven-figure verdicts, how Florida's 2023 House Bill 837 changed the comparative fault framework so that being more than 50% at fault now means recovering nothing, the casino analogy a mediator used to explain trial risk — you can take the money on the table or throw it on black and spin the wheel — why litigation fatigue is one of the most deliberate tactics insurance companies use to grind down claimants until they accept less, what it means to build a culture where people are happy to come to work rather than a machine that just churns out money, and why hire slow and fire fast is the lesson that cost the most to learn. Jeremy Dover is the managing partner of Demesmin and Dover, a full-service personal injury and multi-practice law firm based in South Florida with offices in Tampa and Chicago. Connect with Jeremy Dover: demesmindover.com South Florida, Tampa, and Chicago Chapters 00:00 Introduction to Jeremy Dover 00:42 Starting the firm with $25,000 each during the pandemic — burn the ships and never look back 02:09 From guardian ad litem to personal injury — how fighting for kids shaped how he fights for accident victims 03:30 Settlement versus trial — weighing finality against risk and making sure clients understand both 05:18 An accident just happened — what to do in the first 24 hours 06:00 Florida personal injury protection — the 14-day window to unlock $10,000 and why missing it costs you 06:56 The other driver's insurance company is already calling — should I talk to them 07:59 I feel fine after the accident — do I still need to go to the doctor 08:45 Why Jeremy steers clients away from the hospital unless absolutely necessary 09:11 What mandatory bodily injury coverage means — and why Florida does not require it 10:52 The other driver has no insurance but may have assets — how do you investigate and is it worth it 11:45 Florida's homestead protection — why you cannot take someone's home even with a judgment 12:28 Wage garnishment — the math on why it often costs more than you recover 13:55 The insurance company sends a check right away and says just sign it — should you 15:10 Why early settlement offers exist — minimizing risk before you know what you are actually owed 15:59 Can you ever exceed the policy limits of the other driver's insurance 17:17 What bad faith actually means — clear liability, clear damages, no response, and a failure to act in good faith 19:28 What possible justification does an insurance company have for acting in bad faith 20:52 How do you decide whether to settle or go to trial — and whose decision is it ultimately 22:30 The Hard Rock Casino analogy — take the money on the table or spin the wheel one time 23:43 How long do personal injury cases actually take from start to finish 25:08 The most common tactics insurance adjusters use to lowball accident victims 26:10 Litigation fatigue — deliberately drawing out cases until clients accept less 26:50 Florida's proposal for settlement statute 768.79 — what rejecting a written offer can cost you 29:28 Is a lowball written offer from the insurance company bad faith — why it is a one-way street #JeremyDover #DemesminAndDover #TrustcastShow #PersonalInjuryFlorida #FloridaCarAccident #InsuranceBadFaith #PIProtection #SoftTissueInjury #ProposalForSettlement #FloridaPersonalInjuryLaw

Joey Comley on Why the Truth Will Not Set You Free,

What happens when a seventh grader buries a time capsule in 1993 saying he wants to play football as long as his body allows, join the army, and become an attorney — and then 25 years later his teacher digs it up and sends him a note saying he did exactly that — after commanding troops in combat as a field artillery officer in Iraq, redesigning a cavalry troop from scratch, deploying to Europe, writing the military criminal jurisdiction playbook for the entire European theater at V Corps, and then building a solo firm in Kentucky where his children asked to stay because they had never met people as kind anywhere else in the world? In this episode of the Trustcast Show, Zane Myers speaks with Joey Comley, founder of The Soldier's Advocate, about the single most dangerous thing running through a soldier's head the moment CID shows up or a command pulls them aside — the belief that the truth will set them free — and why every attorney who has ever represented someone in a criminal context would agree that it is dramatically harder to help a client who has already made a statement. Joey explains what an Article 15 actually is and why getting one does not automatically mean getting busted down in rank, when a soldier should use their free appointed military counsel and when they need to pick up the phone and call private counsel, and how military police have exactly the same legal authority to lie to a suspect that civilian police do. They also discuss the SHARP case where the alleged victim had told witnesses she knew how to get any leader removed from her supervision by filing a complaint — a case that had to be unwound through a board proceeding, a reconsidered 15-6 investigation in Mississippi, the Department of the Army Suitability Evaluation Board, and the desk of the Chief of the National Guard Bureau — how security clearance investigations interact with criminal cases and why losing a clearance can cost a transitioning soldier 20 to 30% of their annual earning potential, the joint terrorism task force interview where Joey had to physically stop his client from talking on no less than four or five occasions, the bench trial where the judge started packing up his things before the verdict and Joey's response from the podium that prompted an immediate not guilty on all charges, and why the most experienced NCOs in any formation almost always had at least one Article 15. Joey Comley is the founder of The Soldier's Advocate, a military criminal defense and federal investigation firm based in Kentucky, practicing worldwide under the UCMJ. Connect with Joey Comley: thesoldiersadvocate.com Phone: 270-360-0142 Chapters 00:00 Introduction to Joey Comley 00:55 The first thing running through a soldier's head when CID knocks — and why it gets them in the most trouble 01:45 The truth will not set you free — what the investigator's version of events actually is 02:36 The joint terrorism task force interview — physically stopping a client from talking four or five times 03:54 From field artilleryman to judge advocate — what a seventh grade time capsule predicted 05:22 ROTC scholarship, freedom from dad, and a first duty station in Schweinfurt Germany 06:28 Iraq, Operation Iraqi Freedom 2, and redesigning a cavalry troop from scratch 07:20 The funded legal education packet — why his boss said he had no shot and why he was wrong 08:46 What a typical client looks like and how they find him — zero advertising budget 11:10 The firm is intentionally one of one — why he does everything himself 12:23 Military criminal defense is about 80% of the practice 13:25 Does being willing to go to trial change how opposing counsel treats you 14:24 How attorneys poke at each other and why rising above it brings the managing partner to the table 15:59 A soldier finds out they're under investigation — the two or three moves that determine everything 17:20 Free military legal counsel — what it covers and what it cannot do 19:44 Are military prosecutors actually after the truth — and does it differ from civilian practice 21:37 A prosecutor who called after the preliminary hearing to say he no longer had probable cause 22:45 The bench trial — the judge packing up his things, the statement from the podium, and a not guilty from the bench 24:33 Can military police lie to a suspect the same way civilian police can 24:52 Article 15 — what it actually is, what it means, and why rank loss is not automatic 27:22 When should a soldier use appointed counsel and when should they call private counsel #JoeyComley #TheSoldiersAdvocate #TrustcastShow #MilitaryCriminalDefense #UCMJ #ArticleFifteen #SecurityClearance #SHARPcase #MilitaryLaw #JudgeAdvocate

Derek Lundsten on Why the EAP Is Broken, How LifeGuides Sends Peer Support to Scale,

What happens when a serial entrepreneur who wore a suit to elementary school at age eight, built a successful software company, invested his time and network into an early stage idea before anyone else believed in it, and then walked away from his own exit to go all in on a platform built around one simple but radical premise — that the most powerful thing you can do for someone who is struggling is connect them with another human being who has already been through exactly the same thing and come out the other side? In this episode of the Trustcast Show, Zane Myers speaks with Derek Lundsten, President and CEO of LifeGuides, about why Employee Assistance Programs were well-intentioned 25 years ago and are now compliance tools with a 3% utilization rate that leave 97% of the workforce without any meaningful support, why the pandemic didn't just reveal the gap in mental health services but blew it wide open in a way that has driven healthcare premiums up 20% annually and created a provider shortage that clinical care alone cannot solve, and what peer support actually looks like when it is built on lived experience, HIPAA compliance, and a marketplace that lets you filter by age, demographics, religion, career path, and language — including Haitian Creole for a distribution center workforce that no EAP had ever been able to reach. They also discuss how LifeGuides recruits guides — targeting Facebook groups of people who have been through a specific experience and finding that the desire to help others is always far greater than expected — what a first session actually looks like from login to video call, why employers never see individual conversations but do receive blinded utilization data, how one large publicly traded education company quantified a 3% improvement in employee retention from LifeGuides and used that to anchor an ROI calculation, and why the math on $100 per year for unlimited family access versus $150 per therapy session changes the conversation with every CFO who asks why they need it. Derek Lundsten is the President and CEO of LifeGuides, a peer-to-peer support platform serving employers, health plans, and associations across the country. Connect with Derek Lundsten: lifeguides.com Social: @LifeGuides across all platforms Chapters 00:00 Introduction to Derek Lundsten 00:40 Meeting LifeGuides founder Mark at an entrepreneur's group and deciding to invest time and network before money 01:20 Exiting his last software company to go all in on commercializing LifeGuides 01:49 What LifeGuides actually is — a peer-to-peer matching marketplace for lived experience in any life challenge 03:43 Most clients are companies — why LifeGuides went B2B instead of direct to consumer 04:30 The stigma and access problem that existed before COVID and the demand explosion that followed 05:59 When an employer says we already have an EAP — the real answer 07:21 What EAP stands for, why it was created, and how it became a compliance tool instead of a support tool 08:42 COVID demand skyrocketed, EAPs couldn't keep up, medical coverage absorbed the overflow — and premiums followed 09:42 Crisis versus proactive support — and why the system has swung too far toward clinical care 10:24 Stigma as the reason EAP utilization sits at 3% nationwide 11:53 How LifeGuides recruited its first guides — Facebook groups, Alzheimer's Association ads, and the discovery that people want to help 13:10 How Dr. David Hester's team vets guides — credentials, HIPAA training, active listening curriculum, and financial incentives 14:44 What happens when an HR leader reads that only 21% of employees feel their company actually cares about them 16:13 Why doing well while doing good is not a contradiction — stakeholders versus shareholders 17:00 ROI for the CFO — $100 per year per family versus $150 per therapy session times ten sessions 18:30 Retention data — one client quantified a 3% improvement in employee retention directly attributable to LifeGuides 19:40 How capping healthcare premium increases translates to millions in financial value 20:14 What changes first when a company adds LifeGuides to its benefit stack — and what takes longer 21:38 Walk me through what actually happens from login to the end of a first session 23:01 Can employees return to the same guide — unlimited access and ongoing accountability 24:04 Can a guide on one topic refer to a guide on a different topic — the multi-guide model for complex lives 25:05 Employer confidentiality — individual conversations are never seen, only blinded utilization rates 25:54 How attribution works — quarterly client success reviews and business outcome alignment 26:25 Someone dealing with a sick parent, struggling kid, and demanding job all at once — three guides simultaneously #DerekLundsten #LifeGuides #TrustcastShow #EmployeeWellbeing #PeerSupport #MentalHealthAtWork #EAP #EmployeeBenefits #WorkplaceWellness #HRLeadership