Emerging Litigation Podcast
Emerging Litigation Podcast
Tom Hagy
Litigators and other professionals share their thoughts on ELP about new legal theories, new areas of litigation, and how existing (sometimes old) laws are being asked to respond to emerging risks. The podcast is designed for plaintiff attorneys, defense counsel, corporations, risk professionals, litigation support companies, law students, or anyone interested in the law. The host is Tom Hagy, long-time legal news writer and enthusiast. He is former editor and publisher of Mealey's Litigation Reports, Founder and Editor-in-Chief of HB Litigation, co-owner of Critical Legal Content, and Editor-in-Chief of multiple legal blogs for clients. Contact him at [email protected]. 
HIPAA Meets Social Media Marketing with Liz Heddleston and Leah Stiegler
In this episode, I get to speak with Liz Heddleston and Leah Stiegler of Woods Rogers about a healthcare compliance issue that many organizations may be underestimating: the HIPAA risks created by modern marketing practices. Healthcare providers increasingly rely on social media, patient testimonials, online success stories, influencers, user-generated content, and even AI-assisted marketing tools to build visibility and connect with patients. But as recent enforcement activity demonstrates, ...
Jun 14
42 min
Bridge Funding for Injured Plaintiffs with Milestone Foundation's Rachel McCarthy
In this episode, I speak with Rachel McCarthy, Executive Director of the Milestone Foundation, about a challenge that often sits quietly in the background of personal injury litigation: how injured plaintiffs manage financially while waiting for their cases to resolve. Litigation can take months or years to reach a settlement or verdict. During that time, plaintiffs may face mounting medical bills, housing expenses, transportation costs, and lost income. Financial pressure can create signific...
Jun 5
27 min
What Has Happened to Law Firms with Mark Zauderer
In this episode, I get to speak with Mark C. Zauderer, a long-time, highly regarded legal professional, to explore the profound changes that have reshaped the legal industry over the past five decades. From the rise of mega law firms to the shift from a profession rooted in tradition and values to a business focused on profitability, Mark offers a candid and insightful look into the substantive ways law firms have changed – in both negative and positive ways. ​ We discuss how the centra...
Jun 3
48 min
How Product Brands Navigate Today's Dupe Economy with Tiffany Gehrke and Alexa Spitz
In general, it is becoming hard to know what's real anymore. For example, there are so many product brand duplicates these days that people in the business save energy with a more efficient nickname. And these affectionately labeled brand "dupes" are everywhere. The real fight used to be over copying designs. That is no longer the case. It’s about the words used to sell the copied products and the tools brand owners use to make listings disappear overnight. I’m joined by a valued and ...
May 7
32 min
Getting Digital Evidence Right with Tim Conlon
Mobile phones, social media, cloud storage, and email sit at the center of modern fact-finding, but, to their detriment and that of their clients, attorneys often misunderstand or underuse this data. Practitioners may not realize that client-provided screenshots are often forensically weak, or that texts and social media can easily be forged or manipulated. That means lawyers and courts need to better understand authenticating, preserving, and challenging electronic evidence. In t...
Apr 29
57 min
Why a Big-Law Litigator Went Fractional with Jonathan Sablone
The conversation in this episode starts by discussing a post-pandemic practice pivot and how one litigator chose a new path, which led to establishing a new business at the intersection of law and finance. For a long time, the need for in-house counsel meant the company had crossed a certain size threshold: enough contracts, enough regulatory touchpoints, enough disputes and enough litigation to justify building a legal department. But an alternative has emerged — companies keeping thei...
Apr 23
38 min
Prediction Markets: Predicting the Legal and Policy Possibilities
This episode breaks down how prediction markets are colliding with U.S. law as event‑based trading moves from niche forecasting tools to mainstream platforms handling billions in volume. I explain what prediction markets are, why regulators are increasingly alarmed, and how an escalating federal–state fight (plus new legislative and enforcement pressure) is setting up the next wave of high‑stakes litigation. Key Topics Covered: How prediction markets work: event contracts, probabi...
Apr 5
17 min
One Size Fits None in Modern Employment Law with Jerry Maatman
Numerous aspects of the modern workplace are evolving fast—and so are the legal risks. In this episode, I get to speak with Gerald L. Maatman, Jr.—a nationally recognized employment litigator and author with 40 years in practice. A partner with Duane Morris in Chicago, he has defended some of the largest “bet-the-company” class actions in the U.S. and is known for helping employers anticipate and prevent large-scale litigation risks. We talk about how remote work, ADA compliance, workforce re...
Mar 19
48 min
Agentic AI on Trial: You Be The Judge Part 2 - Smart City Traffic Control
A smart city traffic system powered by agentic AI promises efficiency—but what happens when it fails under pressure? This is the second episode in a three-part series exploring real-world legal and governance challenges surrounding agentic AI. In this episode, we examine a scenario where an autonomous system managing traffic signals, routing, and emergency coordination collapses during a perfect storm: a major event, road closures, and severe weather. The result—gridlock, crashes, delayed eme...
Mar 18
22 min
DOJ’s AI Litigation Task Force and What It Signals for Corporate AI Governance with Adria Perez
Regulators are no longer asking about AI principles — they want proof. Legal teams must show how their controls work, withstand scrutiny, and protect privilege. In this episode, I speak with Adria Perez about the evolving landscape of AI policy and what it means for corporate compliance. Our conversation focuses on the U.S. Department of Justice’s AI Litigation Task Force and the growing expectation that organizations demonstrate real oversight, documented controls, and responsible use of AI....
Feb 25
48 min
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