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]. 
Beyond the Billable Hour: The Business of Litigation with Jonathan Sablone
The billable hour isn’t dead—but the way clients think about paying for legal work is changing. In this episode, I’m joined again by Jonathan Sablone of Sablone Advisory LLC to talk about the business side of litigation: what lawyers charge, what clients actually want from their fee arrangements, how companies manage legal spend, and what happens when litigation itself becomes an investment. We start with attorney fees. Jonathan walks me through fixed fees, capped fees, value-based pricing, a...
Sep 13
49 min
When Algorithms Find Fraud: The New False Claims Act with Tom Suddath and David Bender
A False Claims Act case used to conjure up an insider with evidence of fraud. Increasingly, it may start somewhere very different: a public dataset, a spreadsheet, and an algorithm looking for patterns. In this episode, I’m joined by Tom Suddath and David Bender of Reed Smith to talk about data-driven FCA litigation and DOJ’s Focus Initiative—Broad Oversight Through Careful Use of Statistics—and what it could mean for healthcare enforcement in 2026 and beyond. Healthcare is particularly ferti...
Aug 27
37 min
How AI Is Transforming the Practice of Law with Cristin Traylor
AI is moving into legal practice at remarkable speed, but there’s a big difference between experimenting with a new tool and trusting it with work that could affect a case, a client, or a legal decision. My guest is Cristin Traylor of Relativity, who brings an especially useful perspective to that question. Cristin spent more than two decades developing discovery strategy in complex litigation before moving into legal technology and artificial intelligence. Today, she works with law firms and...
Aug 23
27 min
The Texas Two-Step: Testing Bankruptcy Law and Jury Rights with Adam Silverstein
What happens when a company facing billions of dollars in mass tort claims is still financially healthy—but turns to bankruptcy anyway? In this episode, I’m joined by plaintiff lawyer Adam Silverstein of Otterbourg to talk about the Texas two-step, a restructuring strategy that can move mass tort liabilities into a separate subsidiary, put that entity into Chapter 11, and shift thousands of claims from jury trials into bankruptcy court. We use Johnson & Johnson’s talc litigation as a jump...
Aug 16
26 min
The Hidden Danger of Carbon Monoxide: Proving Exposure, Brain Injury & Liability with Sam Cannon
Carbon monoxide poisoning is one of the most dangerous—and most overlooked—sources of catastrophic injury. Because it's odorless, colorless, and often mistaken for the flu, victims may not realize they've been exposed until long after the evidence has begun to disappear. That reality creates unique challenges not only for families, but also for the attorneys trying to prove what happened. In this episode, I speak with Sam Cannon of Cannon Law about the complexities of carbon monoxide po...
Aug 4
38 min
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
Load more