Top environmental, energy, and resources lawyers discuss career development, legal issues, historical trends, and new developments in environmental law. The views, information, or opinions expressed in Environmental Law Explored: A Podcast SEERies are solely and exclusively those of the speakers and not those of the American Bar Association or the ABA Section of Environment, Energy, and Resources. Environmental Law Explored is intended for educational and informational purposes only.
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ABA Section Of Environment Podcasts
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
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The Winding Road that Leads To Your Future
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42:09This is a fun one. As we know, Litigation Radio said goodbye to longtime host Dave Scriven-Young this summer. But what do we know about our new hosts, Michal “Mic” Rogson and James “Jim” Reeder? Believe it or not, they didn’t know each other well before agreeing to cohost the show. That’s a surprise. But they knew “of” each other professionally and…
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Emerging contaminants are by their nature neither fully regulated nor fully understood. In this final episode of the Emerging Contaminants series Juge Gregg (Crowell & Moring), Sal Giolando (Geosyntec Consultants, Inc.), and Adam Sowatzka (McGuire Woods) discuss how to assess emerging contaminants in your supply chains to identify potential substan…
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Building Credibility and Favor With the Judge, as Told by a Judge
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44:29As the saying goes, a good lawyer knows the law, a great lawyer knows the judge. Building credibility with the court in any case is vital. Veteran attorney and longtime judge Mark Drummond explains why and how you earn trust. Trust and credibility are built brick by brick. It takes a lifetime to build your reputation, but breach that trust once, an…
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Litigating on Your Own Behalf: How a Ground Breaker Breaks Career Barriers
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53:49By Legal Talk Network
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Emerging Contaminants: Non-Tailpipe Vehicle Emissions
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46:44While we all notice the emissions exiting our vehicle's tailpipes, the emissions from brake dust and tire wear are often overlooked. Scientists are now turning their attention to these lesser-known pollutants, which are emerging as significant environmental concerns. As studies begin to grasp the extent of such impacts from automotive use on our en…
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Let’s talk about associate retention, keeping those young lawyers you’ve recruited and mentored at your firm. It shouldn’t be a given that every associate will take what you’ve taught them to another firm in two or three years. Guest Ben Dachepalli is a veteran lawyer and a partner in the Tampa office of Bradley Arant Boult Cummings LLP specializin…
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Emerging Contaminants: Pharmaceuticals and Personal Care Products (PPCPs)
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32:01Pharmaceuticals and personal care products can be found in every home in America, but now they are also showing up in our wastewater systems and even our lakes and rivers. In this third episode of the Emerging Contaminants series, hear from Professor Bill Arnold (University of Minnesota), Eva Weiler (K&L Gates), and Victor Xu (Marten Law) as they e…
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Expert Timing: When to Retain Your Expert
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29:42When do you need to start thinking about finding and retaining your expert witnesses as cases progress through the litigation process? Timing is a critical part of your strategy. Often, it’s “the earlier, the better.” Guest Monica Poole is the director of expert witness services at Round Table Group, a national firm that helps litigators connect wi…
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In the second installment of our Emerging Contaminants series, we turn our attention to ethylene oxide, a chemical critical to the sterilization of medical and protective equipment yet increasingly scrutinized for its potential carcinogenic effects due to widespread use and long industrial history. In this episode, we’re joined by Rebecca Pritchett…
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A Time for Goodbyes. Longtime Host Dave Scriven-Young Signs Off
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8:53In this episode, we say farewell to longtime host Dave Scriven-Young as he turns the podcast hosting duties over to James “Jim” Reeder and Michal “Mic” Rogson. Beginning with the next episode, Jim, an accomplished commercial trial litigator, and Michal, a veteran litigator who strives to turn complex legal issues into clear, concise arguments, will…
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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…
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The ESG Era: Progress, Pushback, and the Path Ahead
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19:06In 2024, key legal and regulatory shifts transformed the ESG landscape across the U.S., Canada, U.K., and EU. In the U.S., the SEC adopted—and later stopped defending—climate disclosure rules, while the Department of Labor’s ESG rule faced litigation and Congress advanced anti-ESG bills. At the same time, the EPA began deploying $27 billion under t…
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In the debut episode of our Emerging Contaminants series, we examine the widespread presence of microplastics in our environment, including in human and animal bodies and throughout our food systems. Because microplastics originate from larger plastic products, regulatory efforts have targeted the broader plastic lifecycle: from manufacture, import…
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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 Be…
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Editor's Insights: Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA
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36:04Amy L. Edwards, environmental partner at Holland & Knight, sits down with Lynn L. Bergeson, managing partner at Bergeson & Campbell and editor of Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA. Together they examine how the U.S. Environmental Protection Agency’s (EPA) evolving implementation of the 2016 amendments to the Tox…
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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 st…
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The Wildfire Crisis and Community Resilience
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28:30In the wake of the Los Angeles fires and amid a growing wildfire crisis, Doug Green, manager of Headwaters Economics’ Community Planning Assistance for Wildfire (CPAW) program, joins Andrew Kihn, programming vice chair of the Forest Resources Committee, for a conversation about the L.A. fires, the broader wildfire emergency, and the political and r…
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Redefining EPA Authority—San Francisco v. EPA
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36:44Join Tim Kelly (Hausfeld) and Misha Tseytlin (Troutman Pepper Locke) as they unpack the U.S. Supreme Court’s landmark decision in City and County of San Francisco v. EPA. The ruling struck down the EPA’s use of “end-result” requirements in NPDES permits, ruling that the Clean Water Act (CWA) does not authorize the agency to impose permit conditions…
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Leveraging Tech to Level the Playing Field in “David v. Goliath”
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40:56The 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 …
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Inside the Murder Trial of the Century, with Prosecutor John Meadors: The Alex Murdaugh Case
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39:15What’s it like to be a prosecutor in a case so high-profile it was dubbed “the trial of the century”? This special episode of Litigation Radio features 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 the sensational 202…
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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…
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Expert Diversity—It’s About Winning Cases
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38:08Berkeley 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 servic…
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The National Environmental Policy Act (NEPA) landscape is shifting fast. With major developments like Eagle County, Marin Audubon, Section 5 of President Trump’s Unleashing American Energy Executive Order, and several critical cases on the horizon, the way NEPA is applied and interpreted is set for a major transformation. Join Susan Jane Brown (Sil…
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When It’s Time to “Fire” a Client, Protect Yourself
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33:38What happens when your relationship with a client sours? 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. LeBoff explains that client issues are, in most case, simply a matter of communication, payment, or …
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Mill Closures and Workforce Shortages in the West: Episode 3 - Conservation Implications
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31:48In the third episode of the Mill Closures and Workforce Shortages in the West series, Andrew Kihn is joined by Susan Jane Brown, Principal and Chief of Silvix Resources, a nonprofit environmental law firm. Together, they explore the implications of the ongoing workforce challenges on the conservation, stewardship, and restoration of western public …
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Mill Closures and Workforce Shortages in the West: Episode 2 - The Role of Land Management Policy
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23:43In the second episode of the Mill Closures and Workforce Shortages in the West series, Andrew Kihn returns, joined by Travis Joseph, President and CEO of the American Forest Resource Council. Together, they delve into the role of land management policies in addressing workforce challenges from the perspective of the timber trade association. Buildi…
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Finding the Right Expert Witness When Your Case Depends on It
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42:34Round Table Group is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Deena Pack, Senior Manager of Expert Witness Services at Round Table Group. 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…
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Bullying In The Legal Profession: The Hard Data And Hard Reality
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40:56Bullying is a real problem in the legal profession impacting recruitment, retention, and even driving lawyers out of the field. Guests Stephanie Scharf and Bobbi Liebenberg, through The Red Bee Group consulting firm, co-authored a report commissioned by the Illinois Supreme Court Commission on Professionalism titled “Bullying in the Legal Professio…
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Mill Closures and Workforce Shortages in the West: Episode 1 - The Economic Landscape
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15:41From the Forest Resources Committee comes a new series, Mill Closures and Workforce Shortages in the West, which examines legal and policy solutions to workforce challenges linked to the alarming rate of lumber mill closures in the American West. These closures have far-reaching implications for regional forest health and economic vitality. Mill ow…
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What’s Next in the Wide Wide World of WOTUS?
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56:47This podcast featuring Susan L. Stephens (Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.), Kim Diana Connolly (University at Buffalo School of Law, State University of New York), and Sarah P. Jarboe (English, Lucas, Priest & Owsley, LLP) provides a succinct summary of the history of federal regulation of wetlands under section 404 of the…
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Shell v Milieudefensie: European Climate Case & Regulatory Backdrop
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37:04In this episode, Rhys Davies (Kirkland & Ellis International LLP) joins Natalia Urzola (SJD Candidate, Elisabeth Haub School of Law at Pace University) to discuss the Court of Appeal's decision in The Hague, Netherlands, in Shell v. Milieudefensie. The court determined that while Shell has obligations to reduce its scope 3 emissions, it is not requ…
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Play Nice: Civility in the Legal Profession
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39:23Civility. There seems to be a lack of it these days. But being civil, developing relationships, and settling differences professionally is especially important in the legal profession. Guests Sonja Arndt-Johnson and Jeanne Huey have studied and written about the line between vigorous representation and civility. Civility in the profession starts wi…
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Taking Stock (and Charge) of Your Life and Career: Build Your “Board of Directors”
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40:29As the year winds down, it’s a good time to take stock of your life as both a person and a litigator. Are you going in the direction you want, are you shortchanging one aspect of your life to benefit another? Is it working for you? Guests Anne Marie Seibel and Paula Hinton are experienced and highly successful litigators who explain how they learne…
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After Biden, The Realigned Rubik’s Cube on Energy, Land Use, and Environmental Law
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1:00:54In this podcast Steven Ferrey (Suffolk University Law School) and Steve Weissman (Center for Law, Energy & the Environment), two experts in environmental/energy/land use law analyzing what became a legal Rubik’s Cube with many different moving pieces to be realigned by attorneys and clients. New policy is changing electric power to move most of the…
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The "Relentless" Attack on Chevron-style Deference to Agencies--What's it all mean?
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48:06This new episode focuses on the recent U.S. Supreme Court decision in Loper Bright Enterprises, Inc. v. Raimondo and its impact on administrative law, moderated by Norm Dupont, Of Counsel at Aleshire & Wynder. The discussion features Professor Lisa Heinzerling of Georgetown University Law, a leading scholar in environmental and administrative law, …
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“Type A” Lawyers and Retirement: When Is It Time to Step Away?
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41:43When is it time, and how do you know, to step back from your busy, often hectic, law practice and move on to a new chapter. And how do you prepare? Guests Charla Stevens and David Soley have both been highly successful attorneys in New England. Stevens moved on from her work at a law firm to establish a consulting firm, Charla Stevens Consulting. S…
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PHASE Is: All Appropriate Inquiry in the Time of PFAS
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37:18In this podcast, David Rieser (K&L Gates) and Amy Edwards (Holland & Knight) will discuss the challenges and uncertainties of incorporating PFAS compounds into Phase I environmental assessments, including how to detect their presence and manage associated risks in real estate transactions. Now that EPA has identified two PFAS compounds as hazardous…
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Global Climate Change and U.S. Law, Third Edition: Episode 3 - Capturing Carbon: Engineering and Agriculture
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51:27In this final episode of the Global Climate Change and U.S. Law series, editor Michael Gerrard will talk with Tracy Hester, Instructional Professor of Law at University of Houston Law Center, and Peter Lehner, Managing Attorney for Earthjustice's Sustainable Food & Farming Program, about engineered methods that remove the pollution before it goes o…
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Author Series: ESG: Optimizing Governance and Disclosure Practices to Minimize Risks
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50:09Heightened political and investor scrutiny; increasing regulations, lawsuits and government investigations; and numerous employee interests regarding a wide range of ESG issues — all of it amounts to considerable pressure on corporate boards and management to balance the implementation of ESG-related objectives while managing ESG-related risks. As …
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Class Actions: When Your Expert Witness Is (and Should Be) an Economist
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38:11Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Jeffrey Klenk, 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 …
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“Calamitous” Effect Of Chevron Deference Ruling? What’s Next!
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42:57Let’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? …
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Global Climate Change and U.S. Law, Third Edition: Episode 2 - State & Local Climate Law
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53:30In this second episode of the series Global Climate Change & U.S. Law, editor Michael Burger will talk with chapter authors Sheila Foster, Professor of Urban Law and Policy at Georgetown University, and Alice Kaswan, Professor of Law at University of San Francisco, about local innovation, climate justice, and how to adapt to a climate changed world…
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10 Tips For Summer Associates: Turn That Summer Program Into A Job
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52:27It’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 pa…
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Energy Law Insights for 2024: Grid Evolution - Navigating FERC Order 1920
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31:25Explore the implications of FERC Order 1920, a pivotal regulation set to reshape the landscape of energy transmission in the United States. This episode will discuss implications of the Order, focusing on enhanced long-term planning and transparency mandates, the integration of state entities in cost allocation processes, and the requirement for tr…
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Global Climate Change and U.S. Law, Third Edition: Episode 1 - Federal Climate Law
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56:28In the series Global Climate Change & U.S. Law, editors Jody Freedman, Michael B. Gerrard, and Michael Burger explore the pivotal themes in their book Global Climate Change and U.S. Law, Third Edition. In this first episode, Jody talks with chapter authors Tom Lorenzen, a Partner at Crowell & Moring LLP, and Jim Rossi, Professor of Law at Vanderbil…
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Banking, Regulations, and Litigation: A Perfect Match
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40:26America’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…
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Expert Advice: Finding the Expert Witness Who Will Help You Win Your Case
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38:49Round 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 endorseme…
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Energy Law Insights for 2024: An Introduction with the Energy Committee Chairs
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23:47Join our esteemed Chairs as they illuminate the most pressing topics and key issues in energy law that will shape the year ahead. From regulatory changes and sustainability challenges to groundbreaking technologies and market dynamics, this introduction to the upcoming energy law series promises a front-row seat to the discussions that matter most …
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Lawyers Managing Stress: Living a Healthier, Happier, and Less Stressful Life
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41:21Being 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 sh…
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The Jigsaw Puzzle Of Old And New Laws Governing Today’s AI
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47:38Generative 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 e…
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