Episodes

  • Banking, Regulations, and Litigation: A Perfect Match

    Banking, Regulations, and Litigation: A Perfect Match
    Jun 18 2024
    America’s banks play a critical role in our economy, and the industry is one of the most heavily regulated, with rules that affect nearly every consumer, borrower, and saver. In this episode, enjoy a deep dive into the web of regulations banks navigate daily and the role that litigators play. Guests Aaron Krauss and Brett Watson participated in the development of the ABA’s new book, Banking on It: The Ten Most Common Claims Involving Banks. Banking on It is a practical guide to navigating banking litigation. Aaron and Brett are experienced in litigating fraud, credit issues, and lending cases involving banks and financial institutions. Banking litigation usually involves institutions such as credit unions, commercial and retail banks, and even nationally and state-chartered banks. It’s an area full of opportunities for litigators interested in banking regulatory law and the constantly shifting landscape. For example, when was the last time you wrote a check to pay for something? It’s a jungle out there. Anything can happen in the world of banking regulation and litigation. Scams are common, and banks are frequent targets. Tune in to this episode and learn more! RESOURCES: Cozen O’Connor “Banking on It: The Ten Most Common Claims Involving Banks” “How Banks Should Respond To Calif. AG's Overdraft Warning,” Law360, by Brett Watson Law360 articles by Aaron Krauss American Bar Association American Bar Association Litigation Section
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    40 mins
  • Expert Advice: Finding the Expert Witness Who Will Help You Win Your Case

    Expert Advice: Finding the Expert Witness Who Will Help You Win Your Case
    Jun 4 2024
    Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Dan Rubin, National Business Development Manager of Round Table Group, about using third parties in expert searches. The selection of the Round Table Group as the subject of this interview should not be construed as an endorsement by the American Bar Association of the Round Table Group and its services. ----- Expert witnesses can play a pivotal role in litigation, offering insights and testimony that can make or break a case. But where do you find them, and how do you ensure it’s the right one? Guests Genevieve M. Sauter of Noonan Lance Boyer & Banach LLP, and Dan Rubin, national business development manager for the expert witness search and referral firm Round Table Group, share their insights on locating and presenting the right experts. What are litigators looking for when they select an expert witness? Decades of experience? Advanced degrees? Sure. But also important are intangibles such as geographic location, experience, relatability, manner, and presentation skills. Hear how attorneys search for, test, and select the best experts to match each case. If your case depends on not just expertise, but also how well a jury and judge will understand that expertise, you must dedicate time to the crucial stage of selecting the right expert. Best practices, fees, contracts, discovery, and preparation. It’s all in this episode. Every step will make the difference between winning your case and missing the mark. Resources: Previous episode, “You Need An Expert Witness, But Where Do You Find One?” The Round Table Group Noonan Lance Boyer & Banach ABA Pretrial, Practice & Discovery Committee American Bar Association American Bar Association Litigation Section
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    39 mins
  • Lawyers Managing Stress: Living a Healthier, Happier, and Less Stressful Life

    Lawyers Managing Stress: Living a Healthier, Happier, and Less Stressful Life
    May 21 2024
    Being a lawyer involves constant pressure and stress. It’s a profession filled with challenges—everything from demanding partners and tight deadlines to adverse rulings and deadbeat clients. It’s enough to wear down anyone. Guest Erin Clifford is a partner and director of marketing and business development at Clifford Law Offices in Chicago. And she’s also a trained and nationally certified counselor and wellness coach, helping professionals create and maintain healthy lifestyles. As a lawyer, she knows all about stress. As a counselor, she knows the importance of mental and physical well-being. Feeling stressed and overwhelmed can lead to health problems and even substance abuse. It’s easy to fall down a rabbit hole at the cost of simply living a happy, healthy life. Hear Clifford’s tips for improving your outlook, enjoying happy moments, and creating time for yourself and the things that make you happy. Though we sometimes lose sight of it, we are all much more than our law practice. Do you know the signs of chronic stress and stress-related illnesses? Learn how to build resilience, set aside stress, and live a healthier life. Be kind to yourself. Resources: “Setting Boundaries Can Lead to a Happier, Healthier, and Wealthier Life,” by Erin Clifford, American Bar Association American Bar Association American Bar Association Litigation Section
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    41 mins
  • The Jigsaw Puzzle Of Old And New Laws Governing Today’s AI

    The Jigsaw Puzzle Of Old And New Laws Governing Today’s AI
    May 7 2024
    Generative AI is everywhere, including inside many law practices, creating documents, analyzing data, researching, and creating content. But what happens when AI makes a mistake? Who’s liable? The implications could be enormous, are we may see a new wave of liability litigation. It’s a brave, new world without a lot of legal guardrails. There are existing, vague, nonspecific “tech” and business practice laws, then there emerging – AI specific – laws that aren’t backed by a lot of precedent from the courts. Privacy laws, data usage, intellectual property laws, even state and federal rulings, have created a jigsaw puzzle for lawyers to apply in the AI space. Guest Graham H. Ryan is an experienced litigator and an author and frequently quoted commentator on tech issues and the emergence of generative AI and its consequences. Ryan says it might help to look back to the “wild west” of the Internet’s earliest days and the infamous “Section 230” that has helped decide who’s liable for what when it comes to digital content. How far does Section 230 go when AI starts creating content instead of simply searching for it? And when does Congress get involved? Proceed with caution. Resources: International Association of Privacy Professionals, IAPP IAPP “AI Governance Global 2024” conference “The AI Industry Is Steaming Toward A Legal Iceberg,” Wall Street Journal quoting Graham Ryan Harvard Journal of Law and Technology “Department Of Justice’s Review Of Section 230 Of The Communications Decency Act Of 1996,” U.S. Dept. of Justice Moody v. NetChoice, LLC, via SCOTUSblog “Sanctions for Fake Generative AI Cites Harm Clients,” Bloomberg Law Analysis “The EU Artificial Intelligence Act” “Schumer Launches New Phase In Push For AI Bill,” Politico American Bar Association American Bar Association Litigation Section
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    48 mins
  • Jurors: Every Breath You Take, Every Move You Make, They’ll Be Watching You

    Jurors: Every Breath You Take, Every Move You Make, They’ll Be Watching You
    Apr 23 2024
    Litigators are used to being in front of a jury. But have you ever wondered what it’s like to be a member of that jury? What are jurors watching? What do they notice? Guest Chauntis Jenkins-Floyd, an experienced litigator, recently served on a jury. And what she learned as a juror is eye opening. Like most of us, Jenkins-Floyd has been summoned for jury duty and dismissed each time. But this time was different. In this episode, she describes her experiences in the selection process, intake, and deliberation. Jenkins-Floyd took it all in. She learned about the jobs and childcare pressures jurors have. She saw what happens in the jury room. “All of my senses were tingling. As a trial lawyer, I never get to see this part,” she explains. What she learned will change how you present your next case. Hear how important your moves are to a jury, starting the moment you enter the courtroom. Eye contact, body language, and even where people sit. Everything matters. How prepared and confident do you look? How friendly and comfortable are you with your client? Jenkins-Floyd explains what jurors are watching. How you ask questions, starting with voir dire, sets up jurors and helps them subconsciously put themselves in your client’s shoes, even without saying it. Jurors watch and see everything you do. Get an inside peek. Resources: American Bar Association American Bar Association Litigation Section
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    43 mins
  • Her Story: Obstacles Faced By Women in the Legal Profession

    Her Story: Obstacles Faced By Women in the Legal Profession
    Apr 11 2024
    Meet Teresa Beck and Claire Gibson, two successful and experienced litigators who are deeply involved in the ABA Litigation Section’s Woman Advocate Committee and its two books featuring essays from women in the legal profession: “Her Story: Lessons in Success from Lawyers Who Live It” (2017) and the recent follow-up “Her Story: The Resilient Woman Lawyer’s Guide to Conquering Obstacles” (2024). The new book addresses the challenges women face in the legal profession and the things organizations and firms do, often unintentionally, that make it harder for women in law, all told through personal stories of struggles and successes. Beck and Gibson, both committed to diversity, equity, inclusion, and belonging, discuss these collections of stories that tap into the experiences of litigators in a range of practice groups, from corporate to government positions. These are situations that arise everywhere, from the courtroom to the boardroom to the lunchroom. Why do women in law still face so many challenges and obstacles? It’s nice to imagine gender disparity is a relic of the past, but the statistics tell a different story. There is work for all of us to do, not only toward gender equality but also in racial and ethnic disparities in the legal profession. The stories in these books examine situations that exist, even in organizations that believe they have erased barriers. Fixing the problems starts with acknowledging that they persist. Everyone can learn from this discussion. Resources: Women Advocate Committee American Bar Association “Her Story: Lessons In Success For Lawyers Who Live It” “Her Story: The Resilient Woman Lawyer's Guide To Conquering Obstacles, Book 2” K. Brooke Welch Jessica Blaemire Michal Rogson Steven Velkei Dunlap, Bennett & Ludwig Klinedinst Attorneys American Bar Association American Bar Association Litigation Section
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    46 mins
  • Step by Step: How a Prominent Litigator Built Her High-Profile Career

    Step by Step: How a Prominent Litigator Built Her High-Profile Career
    Mar 21 2024
    We return to our series profiling leading litigators and business builders with guest Paula Hinton, a litigation partner and executive committee member with international firm Winston & Strawn. She’s held numerous leadership positions, is recognized across the profession, and handles a variety of complex cases. And she did it her way. “It starts with taking people out to breakfast!” Growing up the daughter of a respected small-town attorney in Alabama, Hinton jokes that she was “Scout” to a real-life Atticus Finch of the novel To Kill a Mockingbird. Hinton learned at a young age the trust clients place in their attorneys and the duty attorneys have to serve clients and the community, in and out of the courthouse. Hinton’s path took her from a small town to big city firms with international clients. Entering an area of the law that at the time featured few women, Hinton made her own way, walking into senior attorneys’ offices and volunteering for the toughest cases. In an era before the phrase “work/life balance,” she learned to manage the demands of high stakes law in balance with her personal life. Throughout, Hinton strove to raise her profile, develop a strong reputation, and build and sustain business relationships through involvement in nonprofit and association work and by making herself available to senior firm members for complex cases. “Don’t wait for them to find you, you go find them,” she says. Hear first-hand Hinton’s tips for building a high-profile career in litigation, leveraging both corporate and American Bar Association relationships, and building on each previous step. Resources: American Bar Association American Bar Association Litigation Section
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    36 mins
  • You Need An Expert Witness, But Where Do You Find One?

    You Need An Expert Witness, But Where Do You Find One?
    Mar 5 2024
    Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Russ Rosenzweig, CEO of Round Table Group, about using third parties in expert searches. The selection of the Round Table Group as the subject of this interview should not be construed as an endorsement by the American Bar Association of the Round Table Group and its services. ______________________________________________________ When representing clients with complex issues, there are times when you need an expert witness. A real expert. Someone who will help you dissect, understand, and present key elements to jurors or judges in a way they can understand. Enter Round Table Group, “the experts on experts.” Guest Russ Rosenzweig is CEO and co-founder of a firm that specializes in identifying, enlisting, and providing expert witnesses and consultants across virtually every possible topic with tens of thousands of affiliated leaders in their field. Hear how litigators find and hire an expert, no matter the niche. Remember that scene in “My Cousin Vinny” when Joe Pesci puts his girlfriend, Marisa Tomei, on the stand as a brilliant expert. It doesn’t happen like that. And they don’t teach this in law school. Learn about the search process, search and hire billing rates, and expert fee negotiations. Many lawyers don’t know where to start. They may be missing the best of the best, or they can waste time trying to find the right expert. Many Round Table Group staffers themselves are lawyers, engineers, and experts. They know how to read a patent or dissect evidence to find the exact right expert to help attorneys prove their point and win their case. Learn how a team of professionals can help you identify your needs, craft the right angle, and dial in to the expert who can push your case across the line. Resources: Aminer.org Experts.com Google Scholar PubMed New York Times, “More And More, Expert Witnesses Make The Difference” Daubert Standard, Cornell University American Bar Association American Bar Association Litigation Section
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    43 mins