With one of the largest prison populations in the world, our American prison system has shocking problems; including abuse, violence and consistent violations of prisoners' rights. According to studies, the US criminal justice system currently holds almost 2 million people—a 500% increase over the last 40 years; with most of those people in jail awaiting trial. Unfortunately, American prisons and jails can be dangerous. Several of our nation's prisons and jails can be understaffed and over populated. And because of inadequate supervision, people in our prisons and jails are exposed to violence, including sexual violence. To discuss what can be done about prison reform and about prisoners' rights, generally, host Dave Scriven-Young welcomes Hernandez Stroud. Hernandez Stroud is a counsel in the Justice Program of the Brennan Center for Justice at New York University School of Law. An authority on prisons and jails, correctional oversight, and constitutional law, he researches the scope of the federal government’s power to fashion structural and systemic reforms that prevent and remedy the failure of state and local criminal justice institutions in observing the rights of the incarcerated under the U.S. Constitution.

With just a week until the 2022 midterm elections, several voters are already hitting the polls; and conversations surrounding election laws, voter protection and election integrity have once again been brought to the forefront of many news outlets.  Election laws, including voting rights laws, have undergone significant change in many states over the last several years. We've seen the growth of election law litigation in the U.S.; starting with George W. Bush's victory in the 2000 presidential campaign; continuing with more recent litigation over changes to election rules due to the pandemic, and former President Trump's lawsuits related to the  2020 U.S. presidential election. In this episode, host Dave Scriven-Young speaks with experienced election law litigator,  Allegra Lawrence-Hardy, about the good, the bad, and the alarming when of election law litigation - and what lawyers can do to get involved and support election security. Allegra Lawrence-Hardy is a Founding Partner and Litigator at the Lawrence-Bundy law firm. Lawrence-Hardy is an accomplished litigator, known for her skill in trying cases, negotiating complex settlements, and finding creative solutions.

The U.S. Supreme Court had a historic last term; including welcoming a new justice, striking down Roe versus Wade, the unprecedented leak of a draft opinion, an assassination plot, and questions from many in the public about the legitimacy of the court. With the court's new term beginning October 3rd, the court will take up additional major cases on issues such as affirmative action, voting, access, LGBTQ rights, immigration and much more. To give us a preview of the upcoming SCOTUS term, host Dave Scriven-Young welcomes special guest and appellate attorney, Mary-Christine ('M.C.') Sungaila to the show.  M.C. is a Shareholder in the Buchalter's Orange County and San Diego offices. Ms. Sungaila is a highly regarded appellate attorney who has briefed and argued appeals raising cutting-edge and fundamental business issues for over two decades.

Experts and companies often see alternative dispute resolution as a sensible, cost effective way to resolve matters out of court. For all of those purported efficiencies for businesses, individual plaintiffs and their families often mistrust ADR and want their day in court. So how do you get clients to trust the arbitration or mediation process? And what should attorneys do to effectively navigate ADR and persuade arbitrators and mediators? To discuss these issues, host Dave Scriven-Young is joined by attorney and guest, Kenneth Nolan. Ken is an attorney at Speiser Krause specializing in aviation personal injury and wrongful death litigation and trials. He has represented families in major aviation tragedies, as well as approximately 125 victims of the September 11th terrorist attacks before the Victim Compensation Board. Ken also has authored over 50 articles in The New York Times, as well as several other publications. He is the author of "A Streetwise Guide to Litigation", which provides a practical approach to life and law involving all aspects of litigation, from attracting business to trying a case.

Unlike trials, appeals involve different strategies, procedures, and perspective. That’s why understanding how the appellate process works, and the strategies involved to improve your case on appeal is critical to the success of your case and your client.  In this episode of Litigation Radio, host Dave Scriven-Young welcomes trial and appellate litigation expert Lawrence Rosenberg to discuss the ins-and-outs of Appellate Litigation. Don't miss this special episode as the two discuss: Tips to Getting Appellate Experience What It's Like to Argue a Case Before the United States Supreme Court How the Appellate Process Works Practical Strategies for Trial Lawyers and Litigators to Improve a Case on Appeal How to Have a Successful Oral Argument Lawrence Rosenberg is a Trial and Appellate Litigation Partner at Jones Day. For 25 years, Larry has tried cases and argued appeals throughout the country and has been lead counsel in numerous matters in the United States Supreme Court. He has considerable experience in regulatory, statutory and constitutional litigation, intellectual property, antitrust, international litigation, labor and employment, products liability, and securities litigation.

The opinions of financial experts are critical to many litigation cases. Financial experts can help suggest financial damages, provide testimony on causation, help a jury better understand complex financial matters and much more. The deposition of a financial expert is one of those things that can make or break a case. That’s why it is important to understand how to effectively depose a financial expert, and the best strategies for these depositions. In this week’s episode, we welcome special guests Jim Abrams and David Benkert to discuss the goals, importance and strategies of effective expert witness depositions.  Jim Abrams is an experienced litigator and Business Litigation Partner at Taft Law. Jim represents clients in all aspects of civil litigation with a concentration in commercial matters. David Benkert is a premiere financial expert and Senior Managing Director at Ankura. For over two decades he has been providing clients solutions to their financial accounting and compliance oversight issues. David led forensic investigations, provided litigation support, expert witness testimony, and post investigation remediation guidance.

As litigators, we’re always looking for tips that will give us the advantage in the courtroom, at our jobs, and in life. The whole law school experience teaches us that being smart and working hard will lead to success. However, this week’s guest firmly believes (and life experience will confirm) that our network is actually the untapped advantage we have in life. Jordan Harbinger joins this episode to talk about: Why it really is all about Networking for Long-term Success, and the Importance of Having a “Can-Do” Attitude in Life. In this episode, Jordan also discusses his career in podcasting, his past as a lawyer, and how lawyers can build meaningful relationships and influence in the legal community. In this episode: Why it really is all about networking and people skills How to build relationships that brings in business The value of social capital The importance of having a “go for it” attitude in life Jordan Harbinger is a Wall Street lawyer turned podcast interviewer with an approachable style and knack for securing high-profile guests. His podcast, The Jordan Harbinger Show, was selected as part of Apple’s “Best of 2018.”

What does it mean to serve at the pleasure of the President? Just because a lawyer works for the Executive Branch does not mean they are suddenly relieved of professional responsibilities. Former U.S. Attorney General Michael Mukasey stops by to discuss his time with the Department of Justice, dealing with the press, and the critical importance for attorneys to maintain independent judgment.

Cybercrime, particularly ransomware, has skyrocketed over the past few years, leading to data breach lawsuits, regulatory actions, and significant business losses. Attorneys are often the first line of defense and have to advise clients on notice obligations; working with law enforcement; mitigating losses; leveraging insurance; and defending and prosecuting related negligence and data privacy claims. Special guest, Latosha Ellis, joins host, Dave Scriven-Young, to discuss how to advise clients, litigate liability, and maximize insurance recovery when it comes to ransomware and cyber breach.

Some say that the only predictable part of litigation is knowing that the unpredictable will happen. What do you do during a hearing or trial when these unexpected events arise? Experienced trial lawyers, Hon. Judge Carroll J. Kelly, Marc Zucker, Jennifer Seme and Mark A. Romance sit down with host, Dave Scriven-Young, to discuss Tips for Preparing for the Unexpected; and How to Handle the Unexpected, such as failed technology, problems with witness testimony and more. 

The Section Annual Conference is the premier event for litigators. It brings together top litigation professionals from across the country to discuss timely legal issues and the latest in trial advocacy, litigation strategy, and case management. Hear highlights from this year’s 2022 Litigation Section Annual Conference with special guests Beth Kaufman, Rick Gross and Harout Samra.

Large-scale disputes often require large-scale investment. Finance for commercial litigation allows law firms to unlock the value of their lawsuits, and makes it possible for firms, companies and businesspeople to commit the resources needed without the risk of repayment if the case is lost  – continuing to engage in business as usual. In this special episode of the ABA: Litigation Section, guest Jason Levine discusses how law firms and their clients can obtain litigation financing for commercial litigation cases, and the value of this increasingly mainstream funding solution. As an Investment Manager and Legal Counsel for Omni Bridgeway, a publicly-traded litigation finance company, Jason Levine helps corporations and law firms obtain non-recourse financing for commercial litigation, mitigate risk, and achieve their growth strategies with financing solutions. These include using litigation portfolios as collateral for off-balance sheet operating capital financing and monetizing claims and judgments. [3:36] What is commercial litigation financing [7:04] What are the benefits of litigation funding [8:04] Types of commercial cases best fit for litigation finance [16:00] Why are law firms increasingly engaging in litigation finance [17:18] How do you value a litigation claim [24:15] Litigation Funding disclosures and requirements

Litigators face distinct challenges when it comes to business development. Unlike their transactional counterparts, clients often only need a litigator once. That means the process of developing business for a litigator is ongoing. Because of this unsteady workflow, identifying a prospective client list, bringing in business and growing your litigation practice can be difficult.   In this episode, special guests, Sharla Frost and Angela Steffen Meyer, provide litigators with a practical guide to getting more clients and advancing their legal careers through simple and effective business development strategies.