Litigation Radio

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  • Hosted by Dave Scriven-Young, this show features conversations with top litigators, judges, and experts to help litigators develop their careers, win more cases, earn more clients, and build sustainable practices. Stay tuned for the tips segment in every episode with Darryl Wilson! Brought to you by the American Bar Association Litigation Section
    This show is the property of the American Bar Association
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Episodios
  • Class Actions: When Your Expert Witness Is (and Should Be) an Economist

    Class Actions: When Your Expert Witness Is (and Should Be) an Economist
    Aug 9 2024
    More than 10,000 federal class action cases were filed last year, covering a range of areas including securities, antitrust, employment, and consumer protection. What do they have in common? They often rely on an economist’s expert analysis and testimony. So how early should you hire an economist to pick through the data? Guest Jeffrey Klenk, a managing director with the consultant firm Berkeley Research Group (BRG), shares best practices for working with an economist expert witness. Hear how an economist can help litigators, judges, and juries understand what matters in a case by dissecting transaction-level data, valuations, and the impact of outside influences you may not have considered. Here’s a spoiler: Klenk says it can be “fiendishly difficult” to not only understand the merits of a case but also the viability as a class action for both the defense and plaintiffs. From analyzing a case’s potential before filing, to focusing depositions, and to courtroom testimony, an economist can be a litigator’s most valuable tool. When economists and attorneys work together, good things can happen. Plus, a “quick tip” from Latosha M. Ellis of the firm Hunton Andrews Kurth on professional civility. You don’t have to agree with, or even like, everyone. But remember, what goes around comes around. Resources: “Goldman Sachs Settles 2014 Class Action Lawsuit Tied To Metal Trades” “Court Rejects Antitrust Suit In Victory For Comcast” Berkeley Research Group (BRG) “United States - Economist's Perspective (2023/2024): Class Actions – Litigation, Policy and Latest Developments” by Noureen Akber, Jeffrey Klenk, and Mike McDonald 2024 Professional Success Summit, American Bar Association “About Section 337,” United States International Trade Commission American Bar Association American Bar Association Litigation Section
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    38 m
  • “Calamitous” Effect Of Chevron Deference Ruling? What’s Next!

    “Calamitous” Effect Of Chevron Deference Ruling? What’s Next!
    Jul 30 2024
    Let’s look at two recent Supreme Court cases impacting the role and powers of federal regulators. After decades of accepted areas of law that deferred to federal regulators, we are witnessing a shakeup through rulings on the so-called Chevron Deference and the Corner Post decision. How will these landmark rulings change the power held by agencies? The modern regulatory state of the federal governments evolved after the Great Depression during the New Deal to tighten lax oversight blamed for many elements that led to the Depression. As new agencies were created, regulators came to enforce developing legislation, such as the Securities Exchange Act and labor rules. Seventy plus years later, we have our alphabet soup of federal agencies. Expect a slew of new challenges and litigation to follow. “It is impossible to overstate what a complete wreck this is going to make of everything,” says guest and associate professor of administrative law Gwendolyn Savitz, calling the effect of the rulings “calamitous.” How can legislators put the toothpaste back in the tube? “Chevron’s a big deal, it’s reversal’s a big deal,” adds guest and regulatory law veteran Paul Weiland. If you’re involved in regulatory law, you can’t miss this episode. Resources: “Reassessing Administrative Finality: The Importance of New Evidence and Changed Circumstances,” by Gwendolyn Savitz Administrative Procedures Act, Cornell Law School “Loper Bright, Skidmore, and the Gravitational Pull of Past Agency Interpretations,” Yale Journal of Regulation Chevron U.S.A. v. Natural Resources Defense Council, via Justia Corner Post, Inc. v. Board of Governors of the Federal Reserve System, SCOTUSblog Loper Bright Enterprises v. Raimondo, SCOTUSblog Magnuson-Stevens Fishery Conservation and Management Act, NOAA “The Supreme Court Ends Chevron Deference – What Now?” NRDC American Bar Association American Bar Association Litigation Section
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    43 m
  • 10 Tips For Summer Associates: Turn That Summer Program Into A Job

    10 Tips For Summer Associates: Turn That Summer Program Into A Job
    Jul 23 2024
    It’s summertime, and that means it’s time for law student summer associate and clerkship programs. If you’re a law student, hear from two successful lawyers who used summer associateships to launch bright careers. Guests Monica Latin and Debrán O'Neil are partners at Carrington Coleman Sloman & Blumenthal LLP in Dallas. Latin is now the managing partner while O’Neil is the hiring partner who oversees the firm’s summer associate program. Together, the two provide real-life tips for students in associate programs. Hear the things they look for in an associate and clerk and how these programs lead to job offers. Associateships and clerkships are opportunities often not available to students in other career paths. Make the most of them. In a summer program, remember your goals. Do good work and build relationships. Remember why you’re in an associateship or clerkship. Hear what firms are looking for and how they judge performance. These programs are job interviews. Not just for the firm but for students exploring the firm. Learn what makes a good cultural fit. Both sides are observing each other. Attitude is everything. Be positive. Say yes to opportunities. And make the most of your summer program. Resources: Carrington Coleman Sloman & Blumenthal LLP American Bar Association American Bar Association Litigation Section
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    52 m
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