Let’s talk about international arbitration, an indispensable tool for resolving cross-border conflicts. But first, forget everything you think you know about civil procedure, because home court rules might not apply. In this episode, Dave welcomes guest Aurore Nicaud, an associate with Greenberg Traurig and an international arbitration attorney. Listen in as they discuss how this fascinating field differs from standard U.S. civil practice. Discovery is more limited. There are no depositions. Dir...
Nov 07, 2023•34 min•Season 1Ep. 53
Let’s talk about the elephant in the courts: judicial ethics. Recent events in the U.S. Supreme Court have refocused the legal profession’s understanding of ethical, unbiased, and fair behavior in our nation’s courts. Guests in this episode include Charles Geyh, a law professor who studies and writes about judicial ethics, and the honorable Pamela Gates, an Arizona judge actively involved in reviewing ethics policies and the public perception of judicial behavior. Bias is all around us. We’re hu...
Oct 18, 2023•48 min•Season 1Ep. 52
The locations of airports, polluting factories and incinerators, and other environmental hazards in disadvantaged or predominantly minority communities isn’t an accident, and it’s not fair. In a changing world and climate, ensuring transparency, fairness, clean water and air, and a safe environment for all is more important than ever. In this episode, guest Abre’ Conner, Director of the NAACP’s Center for Environmental and Climate Justice, discusses the fight for fairness and the right for all t...
Oct 03, 2023•48 min•Season 1Ep. 51
Burnout: It’s real and it can affect all of us. In this episode, Dave invites a panel of experts to tackle this important and potentially damaging syndrome as it affects attorneys who volunteer their time in a pro bono setting. The demands never seem to end, but volunteering is meant to “fill your cup,” not overflow it. A Bloomberg survey found burnout is a major problem, and it’s getting worse among attorneys. For the first time the survey found reports of attorney burnout exceeded 50%. Reports...
Sep 19, 2023•38 min•Season 1Ep. 50
What’s up at the U.S. Supreme Court, which has rocked the legal world with a conservative majority rolling back rights the rights of minorities, including 2023 rulings against affirmative action for college admissions and affirming the rights of business owners to deny service to LGBTQ patrons based on religious beliefs. Guest Stephen Vladeck is a professor of law, nationally recognized expert on constitutional law and the Supreme Court, and the author of the book “The Shadow Docket: How the Sup...
Sep 05, 2023•40 min•Season 1Ep. 49
Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Richard Finkelman, Managing Director of BRG, about hiring economists as experts. The selection of the BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services. ----- Is your firm using Artificial Intelligence (AI)? Should it be? AI is expected to have a profound impact on the practice of...
Aug 15, 2023•39 min•Season 1Ep. 48
This is a tough episode because this could be any of us. Guest Jason Ward is a retired, highly successful lawyer. But behind his growing firm, substance abuse took hold even as Ward maintained the veneer of health and professionalism. Ward put constant stress on himself that morphed into mental wellbeing and substance abuse issues. He came to realize his drinking was taking over, not just on vacations, but also at home. At its peak, substance abuse damaged both Ward’s family and professional rel...
Aug 01, 2023•41 min•Season 1Ep. 47
The ABA Litigation Section’s Women in Litigation Joint CLE Conference is coming to San Diego November 1-3. If you’ve never attended—you are missing out. The conference focuses on women litigators and judges and helps women develop relationships, find mentors, learn from others, and share experiences in a welcoming and insightful environment. You will find like-minded women and guidance, learn how to create valuable business relationships and friendships, hear how others have created their own br...
Jul 18, 2023•1 hr•Season 1Ep. 46
Guest Melissa Felder Zappala is a litigator with the Washington, D.C., office of Paul, Weiss, Rifkind, Wharton & Garrison LLP. She has had tremendous success litigating high profile, tech-related, commercial cases and class action suits. She also has a profound hearing disability. In this episode, Melissa describes her experiences as a hearing-impaired law student and, later, as a litigator. Are you prepared as a litigator to work with counsel with unique needs? Being aware of our difference...
Jul 04, 2023•35 min•Season 1Ep. 45
Focus groups are common in marketing, but they also can help a lawyer learn what resonates with nonlawyers before presenting a client’s case before a jury. Focus groups, in their simplest form, offer a “test run” for issues and strategies you are considering using in pretrial and trial matters, and will let you know if you are building the best strategy and communicating your legal arguments in a way that is understood. You can even use them to evaluate whether your expert witness is likeable an...
Jun 20, 2023•37 min•Season 1Ep. 44
Law schools do an excellent job teaching the law, but does anyone teach new lawyers how to communicate and develop positive, productive relationships? Most lawyers graduate with a solid grasp of the law, but many have never learned how to work with clients, colleagues, judges, opposing counsel, and the community at large. Effective communication and relationship development are at the heart of every litigation practice. Communication builds strong cases, establishes rapport with clients and coll...
Jun 06, 2023•39 min•Season 1Ep. 43
Welcome to the latest episode of Litigation Radio, where we explore the intersection of business, marketing, and personal growth. We are joined by special guest Steve Fretzin, a highly sought-after business coach and author of The Ambitious Attorney: Your Guide to Doubling or Even Tripling Your Book of Business. Discover the importance of building a strong network and leveraging it for business development. We also delve into strategies for managing your time effectively and achieving your goals...
May 16, 2023•41 min•Season 1Ep. 42
Becoming a lawyer in the United States is a complicated process, particularly for foreign trained attorneys or international students. In this episode, we are joined by Edzyl Magante, who shares his journey of taking the bar exam in the US, as well as the challenges and barriers he faced as an international lawyer. Throughout the conversation, Edzyl shares valuable insights and advice for foreign-trained lawyers. We also discuss the differences in law school education between the US and other co...
May 02, 2023•30 min•Season 1Ep. 41
Class action spending has increased for eight consecutive years and is expected to be one of the fastest-growing areas of legal spending in 2023. Join us in this episode as we dive into best practices for reducing cost and managing risk in class action litigation based on comprehensive analysis of historical trends and emerging issues in class action litigation. Guest Jack Clabby, Shareholder at Carlton Fields, LLP, unpacks the strategies and tactics that companies are using to reduce costs and ...
Apr 18, 2023•38 min•Season 1Ep. 40
Whether you're a young lawyer just starting out or a seasoned veteran looking to take your career to the next level, mentorship is crucial for lawyers at all stages of their careers; but finding and fostering a strong mentor-mentee relationship can be challenging. In this episode, we explore the importance of mentorship in the legal profession and discuss the obstacles that can make it difficult to establish and maintain these vital connections. We also discuss the benefits of mentoring for both...
Apr 04, 2023•34 min•Season 1Ep. 39
From Orangeburg to Ahmaud, host Dave Scriven-Young welcomes Bakari Sellers to discuss civil rights in the United States, then and now. Later, Henry R. Chalmers joins to talk about what you can expect at the ABA Litigation Section’s Annual Conference. This year’s conference offers a unique opportunity to learn from and interact with other top litigators and judges, earn CLE credit, incredible networking to elevate your professional profile, and so much more. For more information or to register fo...
Mar 28, 2023•35 min•Season 1Ep. 38
More and more legal professionals are becoming familiar with blockchain technology, whether in advising clients on the legal implications of potential blockchain initiatives, dealing with an evolving regulatory landscape, or handling disputes involving blockchain-based technologies and assets. There are many powerful and exciting use cases for blockchain technology and cryptocurrency, but there are also legal and other challenges. In this episode, we’ll examine what blockchain technology is, wha...
Mar 17, 2023•38 min•Season 1Ep. 37
Where does Corporate America stand today in terms of public perception, and how does this impact individual corporate clients? All persons, including corporations, are supposed to be equal before the law; however, individual jurors may have had experiences that lead them to harbor negative feelings towards companies - especially large corporations. Oftentimes, this bias can follow corporations into the courtroom. So what can companies do to combat anti-corporate bias in the jury pool? To explore...
Feb 21, 2023•36 min•Season 1Ep. 36
The rising costs of litigation and increased pressure to control legal budgets has made alternative dispute resolution a desirable way to resolve legal disputes. Mediation and arbitration are two well-known ADR methods, but they're not necessarily the most cost-effective. Can parties possibly resolve their disputes without tearing each other down, and work to preserve good working relationships? The method of collaborative law attempts to help parties resolve disputes in exactly that fashion. To...
Feb 07, 2023•48 min•Season 1Ep. 35
How do litigators maintain relationships with in-house counsel and help their law firms keep clients for the long term? Effective client retention can be the difference between flourishing and failure, and for litigators the problem is exacerbated because cases can be one-off matters that don't naturally keep you in front of clients. To address this issue and more, guests Naomi Berry (Trial Attorney and Shareholder, Carlton Fields) and Nicole Galli (Founder and Managing Member, ND Galli Law).
Jan 17, 2023•40 min•Season 1Ep. 34
The legal industry is constantly changing—client expectations have evolved, law firms are running remotely, and the use of legal technology has increased. So how can litigators keep up and continue to grow and improve their practice? In this episode of Litigation Radio, top legal experts discuss ideas and technology to help build a more scalable and sustainable law practice. Joining this episode are Don Bivens (Chair, ABA Center for Innovation); Kimberly Bennett (Lawyer, Strategist, and Tech Co-...
Jan 03, 2023•48 min•Season 1Ep. 33
With one of the largest prison populations in the world, our American prison system has shocking problems; including abuse, violence and consistent violations of prisoners' rights. According to studies, the US criminal justice system currently holds almost 2 million people—a 500% increase over the last 40 years; with most of those people in jail awaiting trial. Unfortunately, American prisons and jails can be dangerous. Several of our nation's prisons and jails can be understaffed and over popul...
Dec 20, 2022•41 min•Season 1Ep. 32
For lawyers looking to expand and grow their law practice, their first thought may be to broaden their marketing efforts and client base. Offer more services to more people and your practice is bound to grow, right? Wrong. You can’t be all things to all people. Intead, lawyers should dig deeper, narrow their focus, work to develop their relationships, grow their expertise, and establish their niche. In this episode of Litigation Radio, host Dave Scriven-Young chats with litigation attorney Matth...
Dec 06, 2022•37 min•Season 1Ep. 31
Many areas of the law require attorneys to meet and confer, meaning lawyers must communicate the basis for their disagreement on a legal issue and make a meaningful attempt to reach a resolution. You may be surprised to learn that lawyers rarely agree on anything, but the law still mandates they try. So how can litigators encourage more meaningful and productive meet and confer sessions? And what strategies should they implement to protect their clients? To answer these questions and more, Dave ...
Nov 15, 2022•47 min•Season 1Ep. 30
With just a week until the 2022 midterm elections, several voters are already hitting the polls; and conversations surrounding election laws, voter protection and election integrity have once again been brought to the forefront of many news outlets. Election laws, including voting rights laws, have undergone significant change in many states over the last several years. We've seen the growth of election law litigation in the U.S.; starting with George W. Bush's victory in the 2000 presidential c...
Nov 01, 2022•41 min•Season 1Ep. 28
On August 8th, 2022, federal agents searched former President Donald Trump’s Mar-a-Lago residence in Palm Beach, Florida. Since the search, the public has actively tuned into the various legal and political twists and turns of the case; including the public release of the search warrant, property receipt and search warrant affidavit, the appointment of a special master, and a trip to the 11th Circuit Court of Appeals. To discuss this case more in-depth, as well as provide insights into what liti...
Oct 18, 2022•38 min•Season 1Ep. 27
The U.S. Supreme Court had a historic last term; including welcoming a new justice, striking down Roe versus Wade, the unprecedented leak of a draft opinion, an assassination plot, and questions from many in the public about the legitimacy of the court. With the court's new term beginning October 3rd, the court will take up additional major cases on issues such as affirmative action, voting, access, LGBTQ rights, immigration and much more. To give us a preview of the upcoming SCOTUS term, host D...
Oct 04, 2022•37 min•Season 1Ep. 26
Experts and companies often see alternative dispute resolution as a sensible, cost effective way to resolve matters out of court. For all of those purported efficiencies for businesses, individual plaintiffs and their families often mistrust ADR and want their day in court. So how do you get clients to trust the arbitration or mediation process? And what should attorneys do to effectively navigate ADR and persuade arbitrators and mediators? To discuss these issues, host Dave Scriven-Young is joi...
Sep 20, 2022•40 min•Season 1Ep. 25
Twitter's lawsuit against Elon Musk is quickly gearing up. Although hearings are scheduled to start in mid-October, thick legal briefs have already been filed with the Delaware Chancery Court. The legal battle over Elon Musk's attempt to back out of a $44 billion deal to buy the social media giant began in July 2022. This litigation is being played out in court as well as in the public. Ultimately, the court will decide whether or not the billionaire Tesla CEO is obligated to follow through with...
Sep 06, 2022•43 min•Season 1Ep. 24
Unlike trials, appeals involve different strategies, procedures, and perspective. That’s why understanding how the appellate process works, and the strategies involved to improve your case on appeal is critical to the success of your case and your client. In this episode of Litigation Radio, host Dave Scriven-Young welcomes trial and appellate litigation expert Lawrence Rosenberg to discuss the ins-and-outs of Appellate Litigation. Don't miss this special episode as the two discuss: Tips to Gett...
Aug 02, 2022•40 min•Season 1Ep. 23
