SharkCast

Litigation is an inherently adversarial process. At times the contentiousness and acrimony become a challenge for the parties to address. Hostility increases the costs of litigation as well as the stress levels of all participants. For those reasons alone, counsel must be able to deal with aggressive and unreasonable adverse parties and continually develop these skills. In this episode, Kent Schmidt interviews Jennifer Coates and Ashley Repp on how to handle hostile adversaries in litigation,...

We often hear of litigation trends described in dramatic terms: “the floodgates will open” or “a tidal wave of claims is coming.” Often the predictions end up being off the mark. But with respect to website privacy claims, companies being deluged in litigation claims and the metaphors are apt. A number of law firms in California and elsewhere are bringing large number of individual lawsuits, class actions and mass arbitrations. Any company with a website that seeks to capitalize o...

The challenges of navigating complex litigation increase substantially when parties are required to litigate in a far flung jurisdiction. Litigation in an unfamiliar jurisdiction challenges assumptions about how the litigation process unfolds. Expectations on the timing, sequence and a prudent strategy invariably need to be adjusted to the new norms of the jurisdiction that will be adjudicating the dispute. In this episode, Dorsey London Partner Aymen Khoury and Partner/Podcast Host Kent Schm...

One of the most evolving and dynamic categories of litigation risks relates to a company’s employees. Crewmember litigation is what we refer to as the fifth C of the Five Litigation Risks. Each year, new legislation is signed into law and landmark decisions are issued, broadening this risk and the duties of employers to employees. Invariably, the scope and nature of the risk increases, as the trend is to provide employers with more protections. Metaphorically, the trap door on which employers...

The U.S. and European economies collectively represent a third of global trade in goods and services, and close to a third of the world’s GDP. It follows that a staggering amount of personal data is exchanged between U.S. and European-based companies. The collection and use of data of EU citizens raises significant regulatory and consumer litigation concerns. In this episode, Dorsey Partner/Podcast Host Kent Schmidt and London-based Dorsey Partner Ron Moscona explore how the GDPR regulatory s...

Managing litigation risks includes thinking about the process and forum by which commercial disputes will be resolved. Yet, there is no consensus among business transactional and trial lawyers on whether arbitration provisions are advantageous in most commercial transactions. In this episode, Dorsey Partner Richard Silberberg and Dorsey Partner/Podcast Host Kent Schmidt tackle the topic of arbitration provisions and discuss how to approach the question of whether and how to agree to an arbitr...

Managing litigation effectively is a collaborative process among trial counsel, in-house lawyers, c-suite executives and others in the company. It is imperative that all participants in the process work together for a successful result. In this episode, we explore these topics with seasoned trial lawyer, J Jackson. Drawing on his decades of experience, J discusses how he works from the beginning of the case to the conclusion of trial, including the crucial step of developing a case them...

E-discovery has transformed the way we handle complex commercial litigation over the last 25 years. New technology brings emerging challenges as well as opportunities. In this episode, Dorsey Partners Kent Schmidt, Kate Johnson, and Dorsey Director of Knowledge Management/Innovation Caroline Sweeney discuss ways to manage expenses and burden of collecting, reviewing and producing massive amounts of e-discovery. This podcast is not legal advice and does not establish an attorney-client r...