Episodes

  • Pro Tips for Arbitrations and Mediations

    Pro Tips for Arbitrations and Mediations
    Jul 1 2025
    Mediation has become the rule, not the exception, in litigation. It’s a half a billion-dollar industry with some 90 percent of cases settled outside the courtroom. That’s why mediation and negotiation skills are so critical for all litigators regardless of practice area. It’s about knowing how to manage a mediation and knowing how to find and agree to a mediator or arbitrator. Host Jim Reeder is a longtime, accomplished litigator with a deep understanding of the nuances of successful mediation. And guest John Barkett is an experienced, internationally recognized, and board-certified mediator and arbitrator, overseeing settlements in complex cases involving environmental law and construction. Mediating or arbitrating a case is a complicated and deeply rewarding field, as Barkett explains. Not only are experience and training crucial, but a successful outcome can also rely on a mediator’s temperament. For litigators, finding the right mediator is vital. If you haven’t been involved in a high-stakes arbitration or mediation, you will be someday. Get real insights you can use from true pros, from choosing the right mediator to preparing clients for their role and making your opening presentation. Learn what you need to do in advance and how to evaluate risks and likely outcomes before you walk into a session. Plus, a quick tip from Elizabeth S. “Beth” Fenton, author, experienced attorney, and co-chair of the American Bar Association’s Mental Health & Wellness Committee. Resources: American Bar Association American Bar Association Litigation Section American Bar Association Litigation Section committee on Mental Health & Wellness
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    47 mins
  • The Explosion of E-Discovery

    The Explosion of E-Discovery
    Jun 10 2025
    E-discovery is one of the hottest areas of litigation today. AI chats, Slack and social media, and confidentiality concerns are big news. As the field advances, it’s becoming increasingly important that legal professionals understand not just how to manage their own team’s data, but also what to ask for in discovery. Guest Nicole Gill, author of Best Practices for E-Discovery: A Practical Handbook (American Bar Association), explains how new sources of digital data emerge almost daily and how rules of collecting and preserving data trails, as well as data generated by AI chatbots, are constantly evolving. You need to stay up to date or you’ll be left behind. Knowing how to broadly expand your discovery requests can be crucial. It’s every attorney’s duty to understand the digital environments where important information, records, and communications live (and sometimes hide). Snapchat, WhatsApp, Facebook, and Slack are changing the way your own clients, and any subject of discovery requests, communicate. What must be preserved and what can be reviewed? And how are countries outside the United States (including China and the EU) managing data and privacy? Plus, a quick tip from guest Lindsay Polega as she explores the value of taking on pro bono work. It can be hard to take a full-time job fighting for justice. Those jobs don’t pay well, and many attorneys are wrestling with overwhelming student loans. But you can still do good by taking on some pro bono work, helping others while getting back to the ideals that got you into the field of law. Resources: Slack WhatsApp Snapchat ChatGPT Thomson Reuters CoCounsel American Bar Association American Bar Association Litigation Section
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    42 mins
  • Music and Copyright Law

    Music and Copyright Law
    May 22 2025
    Get down with lawyers who rock, and some rock that led to lawsuits. Litigators Andrés Correa and Chris Patton of the Dallas firm Lynn Pinker Hurst & Schwegmann LLP are both rock and rollers and accomplished litigators. Hear how they make time for their passion for music, and how the outlet releases stress and opens paths to creative thinking and strategies they’ve applied to their legal careers and cases. Their passion for music inspired them to co-write the Litigation article “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” which explores the legal issues surrounding music and creativity. As those who came before influence styles later, music copyright claims have led to legal cases that shape the world of music and art. Lawsuits continue to this day. What’s “inspiration” and what’s copyright infringement? From Elvis to Led Zepplin to today. Now, imagine where the brave new world of AI is going to take us. Resources: “Rock Around the Court: How Copyright Litigation Reflects the Muddy Origins of Rock ‘n’ Roll,” by Chris Patton and Andrés Correa, Litigation Journal “Jimmy Page, Sony Pictures Sued by Songwriter Over Led Zeppelin Song,” Reuters “Led Zeppelin Emerges Victor in 'Stairway to Heaven' Plagiarism Case,” Reuters “George Harrison’s “My Sweet Lord” Copyright Case,” Performing Songwriter “Robin Thicke, Pharrell Williams to Pay $5 Million to Marvin Gaye Estate for 'Blurred Lines'” NBC News “Reggaeton Copyright Infringement Lawsuit Targeting Over 100 of the Genre’s Biggest Acts to Move Forward,” Variety American Bar Association American Bar Association Litigation Section
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    34 mins
  • Leveraging Tech to Level the Playing Field in “David v. Goliath”

    Leveraging Tech to Level the Playing Field in “David v. Goliath”
    Apr 29 2025
    The imbalance of power in the courtroom is often very real whether that’s a David vs. Goliath battle pitting a small-firm plaintiff against a corporate giant, or a situation where a judgment-proof or anonymous defendant evades accountability. The scales of justice are sometimes uneven. Guests Marcus Chatterton and Fred Tecce are veteran litigators who have found themselves in countless courtroom skirmishes opposing all manner of large and small businesses in a variety of corporate, patent, trademark, criminal, and personal injury issues. They explain how tech can help balance an imbalance of resources. Deep pockets may have been an advantage, whether that’s in the form of available manpower or the ultimate ability to pay a claim. But that doesn’t have to be the case. Modern, novel legal approaches and today’s tech tools can help level the playing field as software programs can analyze mountains of evidence that used to require hours of poring through boxes of paper that could overwhelm small firms. “Technology assisted review” is a growing field. Will AI further help attorneys battle an information dump in discovery or chase down anonymous actors and follow online breadcrumbs? The key is pairing legal skills and experience with tech, not only learning to use the newest tools but also learning to explain the findings and methodology to a judge and jury. Technology is changing everything from the way you prepare for trial to the way you present your case. Whether you’re a “Goliath” with a duty to assemble and turn over mountains of discovery, or a “David” faced with digging through that evidence and uncovering precedents that back your client, tech tools are blazing a new trail. Resources: “The Prelitigation Advantage: Leveraging AI for Discovery and Pleadings,” by Nicole Black, ABA JournalNational Institute for Trial AdvocacyThomson Reuters Legal TechnologyWestlawOncue Legal Presentation Software“WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP)”“PGA Golfer Phil Mickelson Sues to Find Source of 'Defamation'”American Bar AssociationAmerican Bar Association Litigation Section
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    41 mins
  • Inside a Murder Trial of the Century, With Prosecutor John Meadors: The Alex Murdaugh Case

    Inside a Murder Trial of the Century, With Prosecutor John Meadors: The Alex Murdaugh Case
    Apr 15 2025
    What’s it like to be a prosecutor in a case so high-profile it was dubbed “the trial of the century?” This episode of Litigation Radio is a special one featuring guest John Meadors, the veteran murder trial prosecutor hired by the South Carolina Attorney General’s office to help prosecute prominent South Carolina attorney Alex Murdaugh in a sensational 2023 murder trial. Meadors will join the American Bar Association’s Litigation Section annual conference as a guest in a session titled “The Court of Public Opinion: Litigating in the Media Spotlight.” In South Carolina, there had perhaps never been a more highly watched and scrutinized trial, and reporters and TV trucks filled the courtroom and the streets outside. This episode also features the story of Judge Griselda Vega Samuel, co-chair of this year’s conference. Vega Samuel spent decades in the law, much of it in nonprofits and protecting our most vulnerable populations’ rights before ascending to the bench. Her career trajectory is a fascinating study in public service. Also, ABA Litigation Section chair Larry Kristinik offers insider tips and experiences from a national conference. There’s more to the conference than sessions and speakers. We hope to see you all at this year’s conference. Plus, a “quick tip” from veteran attorney Nikki Bhavsar about learning who you are, making the most out of mentorships, and learning the real practice of law after law school. Mentioned in This Episode: “'He lied and lied!' John Meadors closing argument in Alex Murdaugh trial: full video” YouTube “Trial of Alex Murdaugh,” Wikipedia “To Crown a King, Kill the Law,” by Leonard Niehoff, Detroit Daily News Professor Leonard Niehoff: “Mathew Rosengart, Power Litigator Who Freed Britney Spears From Conservatorship, Closes Chapter of Representing Pop Superstar,” The Hollywood Reporter American Bar Association 2025 Litigation Section Annual Conference April 30 – May 2, American Bar Association American Bar Association Litigation Section
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    39 mins
  • 10 Tips to Be a Successful Litigator

    10 Tips to Be a Successful Litigator
    Mar 20 2025
    Get ready to take notes. In this episode, successful litigators and guests Monette Davis, Mark Romance, and Joseph Schaeffer walk us through 10 steps for setting up a successful litigation practice and being a successful litigator. Whether you’re fresh out of law school or setting off on your own after working for a firm, these tips will propel you forward. Your reputation is vital. Hear how to become the most trusted person in the room and a good teammate with a clear, honest voice. Build your reputation with everything you do, whether that’s being impeccably prepared or simply being on time and organized. Think about how you want others to see you (and what you want them to say about you when you’re not in the room). Little things matter, like knowing the rules. Not just the stuff you learned in law school, but state and local rules, even rules specific to an individual judge. Being a top litigator is all about being professional, honest, trustworthy, dependable, and prepared. Take advantage of this insightful, heartfelt mentoring session from three litigators who have been there, done that, and built successful careers. (And don’t forget to be good to yourself.) Resources: American Bar Association American Bar Association Litigation Section
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    36 mins
  • Expert Diversity—It’s About Winning Cases

    Expert Diversity—It’s About Winning Cases
    Mar 6 2025
    Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Deepa Sundararaman, Director with BRG, about diversity in experts. The selection of BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services. ----------------------------------------------------- Attracting, retaining, and promoting a diverse panel of experts remains an important issue for successful attorneys winning cases. A diverse panel of attorneys and experts leads to better thinking by helping legal teams understand how jurors with different backgrounds and experiences will interpret evidence and testimony. Guests Tiffany Shimada and Deepa Sundararaman explain how optimal results follow when we widen the thought process and open ourselves to new angles and ways of thinking. Hear how a diverse team of lawyers and experts can help legal teams spot storylines and arguments that persuade juries. Tiffany and Deepa share examples of when broadening the team and seeking diverse opinions, experiences, and networks worked. Diversity isn’t about politics. It’s about winning cases and satisfying clients. Hear how you can broaden your network of experts and tap into new perspectives you may not have considered, perspectives that could sway jurors in ways you might be missing. Resources: McKinsey & Company, “Diversity Matters Even More: The Case For Holistic Impact” National Association of Women Lawyers American Bar Association American Bar Association Litigation Section
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    38 mins
  • When It’s Time to “Fire” a Client, Protect Yourself at All Times.

    When It’s Time to “Fire” a Client, Protect Yourself at All Times.
    Feb 11 2025
    What happens when a relationship with a client goes sour? When, and how, can you “fire” a client, and how can you avoid getting to that point? Guest Michael LeBoff is a veteran litigator who has worked with a variety of clients over his 25-year career. Sometimes, LeBoff explains, it’s simply a matter of communication, payments, or clients who are frustrated with the legal system. The system is complicated, cases take time, and costs may surprise unprepared clients. A lot of this is about managing client expectations, but there are times when, despite all efforts, things simply don’t work out. In sticky situations, it helps if you’ve documented everything in writing. That includes your strategy, desired outcomes, and, yes, costs. And if a case is held up in a court calendar, communicate. Let the client know you’re still on the case and here’s what’s going on. But despite all efforts, lawyers do occasionally need to “fire” a client. Many times, whether it’s over slow payments or even times when clients push their attorneys to behave unethically. Nobody works for free, and nobody should feel pressured to break the law or behave unethically. When a lawyer does withdraw from a case, there are complications, ethical considerations, and Bar requirements. LeBoff explains some best practices, how to protect yourself, and how to avoid minefields. RESOURCES: ABA Rule 1.16: Declining or Terminating Representation American Bar Association American Bar Association Litigation Section
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    34 mins