Episoder

  • When 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. Soley continues to work at the firm Berstein Shur and is the author of the American Bar Association book “Transitioning to Happiness: Type A Lawyers and Retirement.”
    Soley says lawyers should start preparing now. Being a trial lawyer is a passion, but it’s important to regularly take stock and reflect on your situation. How do you feel? Are you still excited? What would you do if you were no longer a lawyer? It’s important to stay in touch with yourself and create a plan for your second act so that you’ll have an “escape hatch” when you realize it’s time to go. Don’t wait for the last minute.
    Stevens’ former firm even encouraged litigators to think ahead and understand how many hours they want to work. Hear how she learned to recognize the factors that nudged her to step away and engage in something new. The loss of empathy, stress even outside the workplace, headaches, and even lack of sleep can all be warning signs.
    We know good litigators are “Type A,” people. And our guests agree a rocking chair isn’t the answer for many of us. Hear how you can identify your other passions, outside the law, and pursue them. Make a list, make a plan, get excited. Consulting, writing, travel, sports, volunteering, teaching? They can offer a fulfilling way to engage and excel. There is life outside the courtroom.
    Resources:
    Coastal Maine Botanical Gardens
    Bernstein Shur website
    American Bar Association “Real Estate Litigation Handbook” by David Soley
    “Transitioning to Happiness: Type A Lawyers and Retirement,” by David Soley
    Charla Stevens Consulting website
    American Bar Association
    American Bar Association Litigation Section

  • Berkeley 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 and its services.
    -----
    More than 10,000 federal class action cases were filed last year, covering a range of areas including securities, antitrust, employment, and consumer protection. What do they have in common? They often rely on an economist’s expert analysis and testimony. So how early should you hire an economist to pick through the data? 
    Guest Jeffrey Klenk, a managing director with the consultant firm Berkeley Research Group (BRG), shares best practices for working with an economist expert witness. 
    Hear how an economist can help litigators, judges, and juries understand what matters in a case by dissecting transaction-level data, valuations, and the impact of outside influences you may not have considered. Here’s a spoiler: Klenk says it can be “fiendishly difficult” to not only understand the merits of a case but also the viability as a class action for both the defense and plaintiffs. 
    From analyzing a case’s potential before filing, to focusing depositions, and to courtroom testimony, an economist can be a litigator’s most valuable tool. When economists and attorneys work together, good things can happen. 
    Plus, a “quick tip” from Latosha M. Ellis of the firm Hunton Andrews Kurth on professional civility. You don’t have to agree with, or even like, everyone. But remember, what goes around comes around.
    Resources:
     “Goldman Sachs Settles 2014 Class Action Lawsuit Tied To Metal Trades”
    “Court Rejects Antitrust Suit In Victory For Comcast” 
    Berkeley Research Group (BRG)
    “United States - Economist's Perspective (2023/2024): Class Actions – Litigation, Policy and Latest Developments” by Noureen Akber, Jeffrey Klenk, and Mike McDonald
    2024 Professional Success Summit, American Bar Association 
    “About Section 337,” United States International Trade Commission
    American Bar Association
    American Bar Association Litigation Section

  • Mangler du episoder?

    Klikk her for å oppdatere manuelt.

  • Let’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? 
    The modern regulatory state of the federal governments evolved after the Great Depression during the New Deal to tighten lax oversight blamed for many elements that led to the Depression. As new agencies were created, regulators came to enforce developing legislation, such as the Securities Exchange Act and labor rules. Seventy plus years later, we have our alphabet soup of federal agencies.
    Expect a slew of new challenges and litigation to follow. “It is impossible to overstate what a complete wreck this is going to make of everything,” says guest and associate professor of administrative law Gwendolyn Savitz, calling the effect of the rulings “calamitous.” How can legislators put the toothpaste back in the tube?
    “Chevron’s a big deal, it’s reversal’s a big deal,” adds guest and regulatory law veteran Paul Weiland. If you’re involved in regulatory law, you can’t miss this episode.
    Resources:
    “Reassessing Administrative Finality: The Importance of New Evidence and Changed Circumstances,” by Gwendolyn Savitz
    Administrative Procedures Act, Cornell Law School
    “Loper Bright, Skidmore, and the Gravitational Pull of Past Agency Interpretations,” Yale Journal of Regulation 
    Chevron U.S.A. v. Natural Resources Defense Council, via Justia
    Corner Post, Inc. v. Board of Governors of the Federal Reserve System, SCOTUSblog
    Loper Bright Enterprises v. Raimondo, SCOTUSblog
    Magnuson-Stevens Fishery Conservation and Management Act, NOAA
    “The Supreme Court Ends Chevron Deference – What Now?” NRDC
    American Bar Association
    American Bar Association Litigation Section

  • It’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 partner while O’Neil is the hiring partner who oversees the firm’s summer associate program. 
    Together, the two provide real-life tips for students in associate programs. Hear the things they look for in an associate and clerk and how these programs lead to job offers. Associateships and clerkships are opportunities often not available to students in other career paths. Make the most of them. 
    In a summer program, remember your goals. Do good work and build relationships. Remember why you’re in an associateship or clerkship. Hear what firms are looking for and how they judge performance. These programs are job interviews. Not just for the firm but for students exploring the firm. Learn what makes a good cultural fit. Both sides are observing each other. 
    Attitude is everything. Be positive. Say yes to opportunities. And make the most of your summer program. 
    Resources:
    Carrington Coleman Sloman & Blumenthal LLP
    American Bar Association
    American Bar Association Litigation Section

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • Guest Kathryn “Katie” DeBord leads product development strategy at the global firm DISCO in technological, cloud-based solutions for lawyers and law firms. Tech, from the earliest stages of every case, is no longer an option. Everything from eDiscovery – sifting through oceans of data – to analyzing witness statements to adjusting trial strategy on the fly involves today’s ever-evolving technologies. 
    Are you keeping up? It’s hard to know with so many services bursting onto the scene. Hear how DeBord scans the landscape to track what’s new, what works, and what’s still in the pipeline. 
    You’ve come a long way from the LexisNexis and Westlaw you met in law school. Entire suites of tech platforms, all the way up to generative AI, are on the market and getting better. If your opponent is using the latest, and you’re not … well, that’s not good.
    Autogenerate timelines, upload and organize evidence, and sift through data as today’s tools accelerate your case and reveal hidden connections. Tech won’t replace your creativity and skill as an attorney, but it can help you work smarter, more efficiently, and achieve better results. 
    (Plus, did you know the CIA has a secret museum of gadgets created by the agency’s Directorate of Science and Technology? And no, you can’t visit it without secret clearance).
    Resources:
    Kathyrn “Katie” DeBord’s previous appearances on the Legal Talk Network include: 

    “Legal Innovation: Imagining Creative Solutions for Clients” 

    “Evolve Law: The Future and Direction of Legal Technology” 

    “Evolve Law: Client Driven Technology Solutions” 

    LexisNexis
    Westlaw
    American Bar Association
    American Bar Association Litigation Section

  • Newly admitted lawyers can feel overwhelmed and intimidated. Law schools can’t teach everything, and there’s a lot of on-the-job learning. Some of the work is difficult and complicated. Some of what’s required is as simple as showing up on time and doing work that looks perfect and is free of typos (yes, that matters, even for internal communications).
    With each task, the best new lawyers progress from competence to excellence. Start with the goal of being a “superstar associate” by being the best lawyer you can be. When new lawyers take on tasks and do good work, others will notice and will mentor you. What any new lawyer makes of their earliest experience in any firm will drive them to the next level, no matter their career path.
    This episode shares tips for standing out and learning how to be a lawyer from two attorneys who have excelled in their careers and have made partner at their respective firms.
    Plus, a Quick Tip from the ABA Litigation Section’s Mental Health and Wellness Task Force. Hear how attorneys are vulnerable to eating disorders and substance abuse. Learn to recognize the signs.
    Mentioned in this Episode:
    “The Addicted Lawyer: Tales of Bars, Booze, Blow, and Redemption,” by Brian Cuban
    Brian Cuban, blog
    National Eating Disorder Association
    American Bar Association
    American Bar Association Litigation Section

  • When it comes to your business development goals, guest (and rainmaker) Merrick “Rick” Gross explains the two biggest pools for new clients: internal and external.
    Internal client development is often overlooked, but it’s as important as finding external clients. Build your book of business through other attorneys at your own firm, especially if you work at a large firm with multiple offices across the country. The principles of internal client development are surprisingly simple. Talk to your colleagues. Be a nice person. Take time to visit your coworkers and listen to them. You can use “cross-marketing” and internal team building to find new clients.
    Then there are external clients—new business outside your firm. Not surprisingly, the principles are the same. Get out there. Develop personal relationships. Write for publications. Seek out speaking engagements at industry and trade conferences. Join organizations and even have a little fun getting to know people.
    Nothing replaces being a great lawyer. But these valuable tips provide new tools for building your career and your business.
    Resources:
    American Bar Association
    American Bar Association Litigation Section
    Carlton Fields law firm

  • Litigators face a variety of intense stressors including tight deadlines, conflicts with opposing counsel, traumatic issues facing clients, and the competitive nature of litigation. It’s a daily battle. What can lawyers do to maintain their mental and physical well-being, and how can courts engage, recognize, and help address these problems?
    Host Dave Scriven-Young welcomes three professionals who are actively seeking better methods for lawyers to care for themselves and for the legal system and firms to deliver assistance. Guests Shawn Healy, Ph.D., and attorneys Mala Rafik and Gavin Alexander are deeply involved in lawyer well-being programs. Their work has confirmed that there is a greater need for mental health support and care for lawyers, and also that many in the profession are either unaware of available services or are unwilling to seek help for fear of stigma. The Massachusetts Supreme Judicial Court has been a leading voice in the struggle to support those in the legal profession who are struggling with mental illness, anxiety, substance abuse, and suicidal thoughts. More support is needed.
    Litigation is a difficult profession. Are you yourself—or is someone you know—struggling? You are not alone. It is OK to ask for help. Learn about available resources and services. And share this episode of Litigation Radio.
    Mentioned in this Episode:
    “The Full Weight of the Law: How Legal Professionals Can Recognize and Rebound from Depression,” by Shawn Healy and Jeffrey Fortgang
    Massachusetts Supreme Judicial Court Standing Committee on Lawyer Well-Being
    Lawyer Well-Being Massachusetts
    Lawyers Concerned for Lawyers
    American Bar Association, “Well-Being in the Legal Profession”
    “Mental Health Initiatives Aren’t Curbing Lawyer Stress And Anxiety, New Study Shows,” ABA Journal
    “Making It Back: Bruce Simpson Tried To Take His Own Life, Then He Started Healing,” ABA Journal (ABA membership required)
    988 Suicide And Crisis Hotline, Free Confidential Support For People In Crisis
    American Bar Association
    American Bar Association Litigation Section

  • George Floyd was murdered on May 25, 2020, during a brutal arrest by Minneapolis police in public view. His death sparked protests across the country—a call for an end to police brutality. Officer Derek Chauvin was convicted of second-degree murder and pleaded guilty to federal charges, and the three other officers were convicted of state and federal charges. The city of Minneapolis paid George Floyd’s family $27 million. 
    Minnesota Attorney General Keith Ellison joins this episode to discuss his oversight of the prosecution and conviction of Derek Chauvin, as well as his book, Break The Wheel: Ending the Cycle of Police Violence, a reflection on that trial and lessons learned. Attorney General Ellison explores the findings of his book and his experience representing victims of police violence. He walks us through Chauvin’s prosecution, the trial strategy, jury selection, and how the infamous video shot by a 17-year-old bystander was used in the trial.
    Can we change policing and rebuild trust between police and communities? What steps can be taken in the fight against police violence?
    Attorney General Ellison also shares his career path from law school to U.S. Congress, and then becoming the first African American and Muslim America elected to Minnesota statewide office. It’s an inspiring story and proof that following your passion can make a difference.
    Plus, in our Quick Tip segment: Incorporating storytelling into your legal writing.
    Resources:
    George Floyd Justice and Policing Act
    “Break The Wheel,” by Attorney General Keith Ellison
    2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program
    American Bar Association
    American Bar Association Litigation Section

  • Americans owe a combined $1.7 trillion in student loans, and the past few years have been a roller coaster ride. Now that the pandemic forbearance is over, what’s next? You may have your own debts, or you may be helping clients deal with these new pressures. What happens if you or your client can’t make a payment or can’t reallocate finances? Now that the pause is over and the bill collector is coming, what options are available to you and your clients?
    This episode features attorney Latife Neu, who operates her own law firm specializing in student loans and bankruptcy. Student loan repayment is anything but simple, and the pieces are in constant flux. Loan policy has bounced between the Supreme Court and the White House, and the policies are anything but clear. Talk about student loans, parent plus loans, bankruptcy, the pause-restart-pause rules, and it gets complicated in a hurry. There’s nothing simple about this stew of public and private loan borrowing, forgiveness, and repayment. But we can help you understand the questions to ask and the paths to explore.
     
    Join the Litigation Section’s virtual book club on December 12 at 1 PM ET to discuss books and other content focused on personal growth and mental health and wellness! Visit https://www.jotform.com/233055582985163 for more information and to register.
     
    RESOURCES:
    Public Service Loan Forgiveness (PSLF)
    IDR (Income Driven Repayment) Account Adjustment
    More IDR Account Adjustment information
    Garnishments and Offset Orders for Student Loans
     Student Loan Bankruptcy Discharges and Limits (Oh, It’s Complicated)
    Federal Rules On Discharging Student Loan (Justice Department) 
    IRS Student Loan Forgiveness Rules, IRS.gov
    American Bar Association
    Bar Association Litigation Section

  • Let’s talk about international arbitration, an indispensable tool for resolving cross-border conflicts. But first, forget everything you think you know about civil procedure, because home court rules might not apply.
    In this episode, Dave welcomes guest Aurore Nicaud, an associate with Greenberg Traurig and an international arbitration attorney. Listen in as they discuss how this fascinating field differs from standard U.S. civil practice. Discovery is more limited. There are no depositions. Direct examinations are virtually nonexistent. And when the case is over? Winning is one thing, but enforcement across borders is another, and it depends on which countries are signatories to the New York Convention. When you mix competing legal systems, contracts, and languages, things can get complicated in a hurry. Up for the challenge?
    Mentioned in this Episode:
    American Bar Association
    American Bar Association Litigation Section

  • Let’s talk about the elephant in the courts: judicial ethics. Recent events in the U.S. Supreme Court have refocused the legal profession’s understanding of ethical, unbiased, and fair behavior in our nation’s courts. 
    Guests in this episode include Charles Geyh, a law professor who studies and writes about judicial ethics, and the honorable Pamela Gates, an Arizona judge actively involved in reviewing ethics policies and the public perception of judicial behavior. 
    Bias is all around us. We’re human. So are judges. External influences can interact with our own, internal biases, potentially creating conflict. When should judges disqualify themselves for a case where there may be a conflict or the appearance of a conflict? Campaign donations and lobbying in an increasingly politicized judicial environment are creating new questions. Hear potential solutions being developed today to ensure there truly is justice for all. 
    Honesty, both with ourselves and with others, clear communication, and an intentional review of the issues and cases before us can help ensure public confidence in our judicial system. Protecting the integrity of the judicial branch isn’t easy, but it’s critical to the sustainability of the American court system. 
    Plus, a quick tip from attorney Marty Truss at the firm Steptoe & Johnson. Truss penned the article “Eating The Elephant: Tips For Navigating Project Induced Anxiety And Intimidation.”
    Mentioned in this Episode:
    “Eating The Elephant: Tips For Navigating Project Induced Anxiety And Intimidation,” By Marty Truss
    “Alito Caught In Crosshairs Of Latest Supreme Court Scandal”
    “Impartial Enough For Government Work”
    American Bar Association
    American Bar Association Litigation Section