Litigation Radio

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• A Family Affair: The Complex Field of Domestic Violence and Intimate Partner Law 16.06.2026 43分

  The challenging field of family law is a vital part of the litigation profession, demanding an understanding of both the law and the psychological trauma that can dramatically affect the well-being of children and others caught in the middle. Guest Ashish Joshi is a Michigan attorney and author who has devoted his career to helping those struggling through the most difficult situations imaginable. Family violence, coercion, and control are, unfortunately, a huge and often under recognized part of our legal reality. The field of family law can include issues including parental alienation, child abduction, the weaponization of children and their relationships with sparring parents, gaslighting and manipulation, and even complicated adjacent areas of law such as hidden assets, stalking, and pet abuse. Family law litigation requires a complex skill set and mental toughness, but it’s a vital part of our lives. Joshi shares how practicing in the field involves working with people going through the worst period of their lives, the protection of innocent and powerless victims, and the field of psychology and human behavior. Looking for a challenge and the opportunity to make a difference in someone’s life? Family law litigation is a demanding and rewarding field. Also in this episode, quick tips from Erin Clifford, managing director at Clifford Law Offices, about avoiding legal burnout. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com or JAReederJr@gmail.com. Resources Mentioned:  “Litigating Family Violence: A Practitioner's Handbook” by Ashish Joshi “Cross Examining Experts in the Behavioral Sciences,” by Demosthenes Lorandos “Justin Fairfax Killed His Estranged Wife and Himself 2 Weeks Before a Court Deadline to Move Out,” Associated Press  American Bar Association American Bar Association Litigation Section
• Generative AI in E-Discovery 02.06.2026 54分

  Relativity is a Sponsor of Litigation Radio. On this episode, we will hear from Cristin Traylor, Senior Director of AI transformation & law firm strategy at Relativity. The selection of Relativity as the subject of this interview should not be construed as an endorsement by the American Bar Association of Relativity and its services. Generative AI technology is transforming the world of legal e-discovery from start to finish, and it’s advancing by the day. Guest Cristin Traylor is an attorney and the senior director of AI transformation & law firm strategy at Relativity, a leading legal data intelligence company.  Where is AI taking the legal world, and how is it changing the way legal teams sift, manage, and use the electronic data delivered during discovery? Forget boxes of legal paperwork and records. Today, AI can organize and analyze terabytes of digital information. But understanding the technology and its pitfalls—and knowing how to train an AI model—is vital to getting results that matter to uncover the story told by the data. The use of AI in the electronic discovery process and the ability to dig into digital data dumps is not something any firm can afford to put off. This is today’s legal environment and the future of discovery. What are you missing? What might opposing counsel understand that you don’t? If you don’t employ an AI tool, should you? If you have access to AI tools, do you know how to manage them, “train” them, and write effective prompts? You most likely didn’t learn this in law school. You probably don't know what you don't know. Traylor offers a fascinating glimpse into the present and future of legal generative AI technology. You probably don’t know what you don’t know. Also in this episode, quick tips from Lauren Williams as she discusses building a career while also taking care of your own wellbeing. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com or JAReederJr@gmail.com.  Resources Mentioned:  Relativity aiR case strategy technology “More Da Silva: 3 Takeaways from Judge Peck's 'Rio Tinto' Opinion,” by Constantine Pappas “EEOC v. Tesla, Inc.: Is GenAI Moving into Mainstream Legal Disclosure?” “Sedona Principle 6 and the Duty to Evaluate” American Bar Association American Bar Association Litigation Section
• Checking All the Boxes: How You Can Get Involved in Election Integrity 19.05.2026 41分

  In a timely episode, host Jim Reeder is joined by attorney, experienced poll worker, and current president of the ABA Michelle Behnke to discuss the American election system and the role of lawyers in that system. It might seem we’re a long way from the notorious practice of voting from the cemetery, but are we? (Spoiler: we are).  It seems like many Americans are becoming more skeptical about our current election system. And, as Behnke says, whenever there are humans in a process, there’s always a chance for error. But today’s technology and redundancies have made voting more secure than ever, even if allegations of cheating creep into the news cycle. Not only is she a business attorney, but Behnke has served as a poll worker and watched the system work as designed.  Hear about Behnke’s personal experience and how it built her confidence in the registration and voting process.  So where do lawyers fit in? And how can you get involved and inspire confidence? Get out there as a poll watcher or even an election official. The system needs you. As Behnke bites, “As lawyers, we are made for serving in that role.”  Also in this episode, quick tips from Lauren Williams as she discusses centering yourself. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com or JAReederJr@gmail.com.  Resources Mentioned:  “Become a Poll Worker,” United States Election Assistance Commission American Bar Association American Bar Association Litigation Section  
• Protecting Pets Under Domestic Violence Laws 05.05.2026 51分

  In this episode, learn about the intersection of animal protection and cruelty, domestic violence, and family law with two leaders in the field. Guests Maricarmen Garza is chief counsel for the American Bar Association Commission on Domestic & Sexual Violence and Megan Senatori is the executive director of the Center for Animal Law Studies at the Lewis & Clark Law School. The field of animal law is emerging as states, courts, and lawyers recognize how animal law and animal abuse plays into domestic violence and family law. Progress is being made, but this critical field isn’t fully recognized or understood. In many cases, victims of domestic violence are forced into difficult situations, caught between their own safety and the safety of beloved animal family members. The American Bar Association recently recognized the issue through both its Animal Law Committee and the Commission on Domestic & Sexual Violence. ABA’s recently approved Resolution 504 calls for laws and judicial processes that protect domestic violence survivors and their pets through civil protection orders, domestic relations proceedings, and expanded access to safe housing. Litigators play a vital role in developing this area of law. Hear what you can do and where you can find legal guidance when protecting victims of domestic violence and their pets, from dogs and cats to horses and others. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com or JAReederJr@gmail.com. Resources Mentioned:Five Ways Attorneys Can Support Domestic Violence Clients with Pets Sheltering Animals of Abuse Victims – Start Up Guide ABA Tort Trial & Insurance Practice Section Animal Law Committee ABA Resolution 504 “ABA House Adopts Policy to Protect Domestic Violence Survivors and Their Pets” American Bar Association Commission on Domestic & Sexual Violence American Bar Association Animal Law Committee American Bar Association American Bar Association Litigation Section
• Life as a Litigator 21.04.2026 40分

  Every once in a while, it’s nice to examine the smaller issues affecting our lives as litigators that might not merit a full episode on their own but are important just the same. Hosts Jim Reeder and Mic Rogson dig into the everyday issues that affect us, even if we don’t notice them at first. Call it a “Mic and Jim Miscellany.”   First up: Does being a litigator affect how you handle your own everyday issues? Probably—it’s who we are and how we see the world. But it can be hard to recognize our own behaviors and how our training and careers affect us. Sometimes, an everyday interaction doesn’t call for a full-blown argument, just a pleasant interaction or conversation. When is it time to put on your war face, and when is it time to extend a hand, listen, and just … talk? And then there’s that moment when a friend or family member, in a casual conversation, starts bringing up some legal issue and starts asking for advice. Legal advice. It’s hard to say no, but sometimes, that’s the answer.  And what is it they say about the lawyers who represent themselves? But sometimes, you do it anyway, and sometimes you learn something from the experience. And sometimes, it’s just exhausting. Where’s the line? Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com or JAReederJr@gmail.com.   Resources Mentioned:  American Bar Association American Bar Association Litigation Section
• Immigration Law and Enforcement 07.04.2026 43分

  Though asylum and deportation cases get the headlines, the field of immigration law is complex and broad, and includes an impact on families, employment, and businesses. Policies can shift and vary, and attorneys litigating immigration cases are constantly challenged to keep up with the latest changes. And while these attorneys stay current with the laws, often the earliest immigration hearings are held before a non-lawyer, saddling attorneys with an extra emphasis on clear communication. William Menard is a longtime immigration attorney and a managing partner at Root Law Group, a California-based firm specializing in immigration law. He’s also the host of the podcast “The American Immigrant.” In this episode, you’ll hear how he is navigating new policies and working to serve clients. Plus, a quick tip from corporate attorney Lauren Williams on “keeping your poker face” in court. “Your face is an important part of your advocacy because everyone is watching it … Stay composed.” Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com or JAReederJr@gmail.com. Resources: Immigration and Nationality Act American Bar Association American Bar Association Litigation Section
• Child Protections and the Law 24.03.2026 1時間 4分

  Dawn Post is a litigator, counselor, mediator, and trainer who has spent her life in an area of the law she found largely overlooked: the legal rights and vital protections of children. Her career spans from adoption to parental and grandparental rights to sibling visitation and the darkest corners of child abuse, child trafficking, and the evolving “troubled teen” industry, issues she’s been combatting both in the U.S. and internationally, including the investigation of a troubled teen program in Jamaica that proved to be egregious and abusive, and without oversight or legal examination. Now based in New York City, Dawn is an author and speaker with a single focus on the rights and best interests of children. She says flaws and oversights in the systems designed for child protection are rife, and she’s worked to network like-minded lawyers and organizations to improve systems and develop a child-centric environment. When it comes to children and teens, especially adopted children, who’s looking out for their rights? What happens when adoption and foster services operate without proper guardrails and oversight? Who is looking at a situation from a child’s point of view? This is where attorneys can make a difference. If you’ve thought about putting your litigation skills to work protecting those who need a voice, this episode may inspire you. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources: Children's Rights Litigation Committee American Bar Association Litigation Section ABA Commission on Sexual Orientation and Gender Identity (SOGI) American Bar Association
• Successfully Hiring and Managing Your Expert Witness 10.03.2026 47分

  It seems like every trial today needs an expert. And the experts you choose to learn from and present can make or break your case. So, hear it from the pros. In this episode guests (and experts on experts) Deena Pack and Seth Row share practical tips for successfully hiring and managing an expert for your case. Experts can be some of the most expensive elements of a case. You can’t afford to make a mistake. When it comes to hiring an expert, the rule of thumb is “the earlier the better.” You may not even know if you have a case until you have an expert review of the evidence. But where do you find an expert? One who is not only current and knowledgeable, but also relatable to a judge and jury? Sometimes, even the perception as an “outsider” or a “local” expert matters. How do you make the right choice, vet prior testimony, and review qualifications? And don’t forget the limits of your client’s budget. Plus, a quick tip from Lauren Williams on how to polish your professional reputation by building rapport with courtroom staff. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources: American Bar Association American Bar Association Litigation Section
• The Art of Case Budgeting 10.02.2026 37分

  The process of “case budgeting” is increasingly common in complex litigation, it’s the science and art of laying out the potential time and cost of trying a case. Daniel Dowd is the managing partner and the president of the Phoenix law firm Cohen Dowd Quigley. He explains how to estimate: “How much will this cost to get to the finish line?”  But how do you do it? How do you react when a client brings up costs? Dowd details the labor-intensive process of understanding each aspect of the case and calculating costs, including discovery, expert witnesses, the potential for a mediated settlement, and even the nature of the court and opposing law firm. There are many variables, and as the timeline stretches out, projections can become less accurate. But if a client asks, a “best estimate” can help them understand the true cost of a case. “You build a skeleton … and then you have to estimate with your team how much time they’re going to spend,” Dowd explains. “Then you get your calculator out.”  Plus, a quick tip from attorney and co-chair of the ABA Mental Health & Wellness committee Maritza Rodriguez of the firm Rodriguez Family Law as she discusses “the great commitment reset.” Get a fresh start on a new year by making fewer commitments, auditing your life, and cutting back on self-scheduling. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources: 2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section  
• Can We Make the Profession Better? Leaders of the ABA House of Delegates Speak Out 27.01.2026 58分

  In this episode, host Mic Rogson leads an in-depth conversation with leading representatives of the American Bar Association House of Delegates, Jonathan Cole and Laura Farber. Why do busy lawyers get involved in these demanding roles? The rewards are countless. Hear how you can get involved and make a real difference both in the law and in society.  Hear how (and why) you can get involved. It’s your association, and every member can make a difference. Plus, involvement helps you meet and network with attorneys from across the country, even outside your area of focus. The House of Delegates wants your input, and includes tips on its website for getting involved and even drafting resolutions. If you’ve ever wondered how ABA policies, rules, and opinions are crafted, you’ll hear it all on this episode of Litigation Radio. You don’t need to be an experienced attorney with a long resume to get involved. All are welcome. Why not start today?  Plus, a quick tip from Elizabeth Kelley, a criminal defense lawyer with a nationwide practice focused on representing people with mental disabilities. She shares the importance of “lowering the temperature,” how to maintain civility and professionalism even if you feel you’ve been disrespected. Grace under pressure will serve you well. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources:  Previous appearance on the Legal Talk Network, “NCBP 2021: Shaping the Future in the Legal Profession” American Bar Association House of Delegates “ABA Passes Strong Resolutions on Enforceable Ethics, Judge-Shopping,” Fix the Court Attorney Elizabeth Kelley  2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section  
• Strategies for Mindful Business Development 02.12.2025 48分

  In this episode, we discuss the topic every litigator must deal with at some point: effective business development strategies. Guests Maureen Cruz, Ph.D., and Tracey Salmon-Smith, both with the firm of Faegre Drinker Biddle & Reath LLP, share tips for new business development.  Waiting for the phone to ring and a client to drop into your lap isn’t a strategy. Running a practice and serving current needs take up a lot of your time. But if you can, try to carve out at least 10 to 15 percent of your time to network, follow up with clients, and put yourself in front of new clients and new environments. Client and business development is a deliberate process. Start by setting some time aside on your calendar. Keep up with those touchpoints and connections. Talk with colleagues across your firm. Read something that might impact a client’s interests? Pass it along. Whether it’s through publishing, speaking, networking, ABA involvement, or pro bono work, listen to two experienced professionals describe how to mindfully build your business. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources:  2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section
• Writing the Perfect Brief: A Deep Dive With Author and Lawyer David Greenwald 25.11.2025 50分

  Have you ever thought about writing the perfect legal brief? Guest David N. Greenwald has, so much so that the retired Cravath, Swaine & Moore partner wrote a book on the subject: Sentence, Paragraph, Argument, Brief: Meeting the Four Challenges of Legal Writing. The book is the culmination of a 30-year legal career, beginning with a clerkship and the lessons learned under the guidance of the Hon. Richard A. Posner, Chief Judge of the United States Court of Appeals for the Seventh Circuit. Reading, digesting, and understanding everything related to each brief proved to be the foundation of good legal writing, Greenwald says. Throughout his career, Greenwald intentionally honed his skills, from writing briefs to eventually, as a partner, editing them. With each paragraph and edit, he focused on the construction and flow of each argument. Writing, Greenwald explains, is a linear process, putting ideas and sentences in a logical progression. A brief, he says, is a special kind of writing that must be learned. It starts with a statement of fact or history, building a narrative. But it’s also a work focused on clarity, without surprises or suspense. Hear Greenwald’s discussion of the art, and science, of legal writing and the principles of a clear, persuasive argument. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources: Hon. Paul R. Michel, Chief Judge (Retired), U.S. Court of Appeals for the Federal Circuit on C-SPAN  2026 Women in Litigation CLE Conference American Bar Association American Bar Association Litigation Section  “Sentence, Paragraph, Argument, Brief: Meeting the Four Challenges of Legal Writing,” by David N. Greenwald
• The Winding Road to Your Future 04.11.2025 43分

  This 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 through ABA Litigation Section circles. In this episode, they interview each other. Not the resume stuff, but rather: What makes them tick? Who knew both hosts, while successful litigators, shared a passion for entertainment, even Broadway? (Hello, any agents out there!) While those dreams may never be reached, they agree being an attorney provides that creative outlet. Find out how an African American radio station, childhood dreams, and religion shaped the careers of Mic and Jim. Taking a moment to reflect on your own life journey can help shape the future of your career. What did you want to be, and where are you going? Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources:  The American Leadership Foundation American Bar Association 2026 Women in Litigation CLE Conference American Bar Association Litigation Section
• Building Credibility and Favor With the Judge, as Told by a Judge 21.10.2025 45分

  As 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, and the judge will never forget. And make no mistake, judges talk among themselves, so willful missteps will be known across the courthouse and for the rest of your career.  Understand the meaning of “candor to the tribunal.” When dealing with a judge, telling the truth is one thing. That can mean presenting the strengths of your case. But candor is what you also share with the judge beyond that, the thorns of the case. Judges who feel you weren’t completely candid may never fully take you at your word again. They may forever wonder what you’re withholding. If you’ve ever wondered what a judge is thinking about you, Judge Drummond lets you know and shares some of his favorite tips for building credibility and putting your best foot forward from the moment you walk into the courtroom.  Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources:  Previous appearance on the Legal Talk Network, “NYU’s Civil Jury Project (State Bar of Texas Annual Meeting 2024),” State Bar of Texas Podcast American Bar Association “Free Legal Answers”  Civil Jury Project, NYU School of Law  Susman Agreements: Clarity for the Rules of Civil Procedure  Access to Counsel Project, Federal Bar Counsel  “Dealing With Jerks,” by Judge Mark Drummond in ABA Litigation News  “Understanding the Pareto Principle (The 80/20 Rule),” Better Explained  American Bar Association American Bar Association Litigation Section
• Litigating on Your Own Behalf: How a Ground Breaker Breaks Career Barriers 07.10.2025 54分

  Is your career stuck in a rut? Hear what it takes to carve a meaningful career in law, as host Michal “Mic” Rogson sits down with Jill Wine-Banks, a history making lawyer who served as the only woman on the Watergate prosecution team and left a trail of shattered glass ceilings throughout her career. Wine-Banks shares how she built her extraordinary career tackling organized crime, a corrupt president, and led military and state legal teams. She headed the American Bar Association, corporate legal departments, and went on to host influential podcasts, published an autobiography, and serves as a legal consultant and contributor for MSNBC. Feeling locked in place in your career? Wine-Banks offers motivational insights about taking risks, moving forward, and never settling for the status quo. What do you really want to do, and what’s holding you back? Throughout her fascinating career, Wine-Banks continually accepted new challenges, broke down barriers, and reinvented herself over and over again. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources:  iGen Politics podcast Just the Facts podcast Jill Wine-Banks, Wikipedia entry “The Watergate Girl: My Fight for Truth and Justice Against a Criminal President,” by Jill Wine-Banks “The Presentation of Self in Everyday Life,” by Erving Goffman, Amazon “Gideon's Trumpet: How One Man, a Poor Prisoner, Took His Case to the Supreme Court and Changed the Law of the United States,” by Anthony Lewis Assembly of Captive European Nations, Wikipedia American Bar Association American Bar Association Litigation Section
• How to Retain Your Associates 23.09.2025 37分

  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 specializing in construction law. As a senior member of his firm, Dachepalli says retaining young associates is more than a transactional activity, it’s building the firm and developing the next generation of leaders. When he’s interviewing prospective hires, “I’m not interviewing my next associate, I’m interviewing my future partners.” Don’t think of young lawyers as associates who will move on—  develop them so they not only want to stay but also want to become leaders in your firm.  For Dachepalli, the “secret sauce” is an inclusive, team-based approach. Ensure associates are involved and invested in the firm’s success, not simply completing assigned and rote tasks. Communicate with associates as peers, give them responsibilities, and show them they are valued.  Involving associates in multiple levels of a case and asking for their input from the start not only shows them you value their skills, but also helps senior attorneys spot unexpected angles and see a case from a different perspective. (And remember, today’s young lawyers grew up with today’s technology, they might even teach you something). Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources: ⁠American Bar Association⁠ ⁠American Bar Association Litigation Section⁠
• Expert Timing: When to Retain Your Expert 26.08.2025 30分

  When 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 with trusted and vetted expert witnesses. Poole explains how the best experts can be hard to find, have busy schedules, and can help plot strategies from the beginning so you avoid dead ends and focus your energy. From the plaintiff’s side, the more complex the case the more important it is to start early. Do you truly have a case? An expert can help decide if a case is worth litigating. From the defense side, an early start can be valuable when a case demands an expert in narrow, niche fields. In many cases, attorneys are racing the clock with looming court deadlines. Not all experts are equal. The best not only provide technical input but also help craft discovery demands, decipher provided materials, and skillfully explain complex topics in layman’s terms to a judge and jury. Knowing when, and how, to engage the right expert is a critical part of every case. Hear how working with a service such as Round Table Group can help build and present a case and drive it to a successful conclusion. Have a question, comment, or suggestion for an upcoming episode? Get in touch at MRogson@SkywardInsurance.com and jareederjr@gmail.com.  Resources: Round Table Group American Bar Association American Bar Association Litigation Section
• A Time for Goodbyes. Longtime Host Dave Scriven-Young Signs Off 29.07.2025 8分

  In 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 continue Dave’s passion for helping lawyers and law firms thrive.  Dave leaves with a few words of advice for both rising young attorneys and established firms looking to the next step. “Build a career that you’ll still love in 20 years,” he says. Curate your life, not just your résumé, and do the things that bring you satisfaction. Learn to say no early in your career. Not every challenge is right for you, and too much static can lead to burnout. Build relationships and guard your reputation, people remember you as a person long after they’ve read your résumé. Assess every step of your career and pivot as needed, people and situations change. And finally, know when to lift up others, help those coming up behind you, be a mentor, and share what you’ve learned. Dave will continue to remain active in the Litigation Section of the American Bar Association and is always eager to meet listeners and share stories at Litigation Section events. Resources: American Bar Association American Bar Association Litigation Section American Bar Association Litigation Journal
• Pro Tips for Arbitrations and Mediations 01.07.2025 48分

  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
• The Explosion of E-Discovery 10.06.2025 42分

  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