SharkCast
SharkCast uncovers why companies are so frequently sued in U.S. Courts and shares ways to mitigate and navigate these lawsuits. Hosted by Dorsey attorney and author, Kent Schmidt, the podcast provides insights from guests on practical guidance for assessing litigation risks and managing the litigation process.
Episodes
22 episodes
The National Advertising Division’s Connection with Identifying and Avoiding Consumer Litigation Risks
Consumer litigation risks are a significant concern for companies selling products and services for personal use, including consumer class action lawsuits, as well as scrutiny and enforcement actions from the Federal Trade Commission, state att...
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Season 3
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Episode 2
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40:10
Understanding the Intricacies of Internal Investigations
A key aspect of identifying litigation risks is uncovering where a company deviated from its established practices, best practices, internal guidelines, or stated values. This process often reveals critical issues, making it advisable for compa...
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Season 3
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Episode 1
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42:05
Key Strategies for Employers to Avoid Pitfalls in Employment Law
Wage claims make up a significant portion of employment litigation, often presenting unique challenges for companies. In this episode, SharkCast host Kent Schmidt interviews Dorsey Partners Aaron Goldstein and Nisha Verma on wage and hour claim...
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Season 2
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Episode 9
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41:07
The Nuances of Antitrust Law
Antitrust law is complex, demanding a clear grasp of its nuances, especially in identifying permitted versus prohibited conduct. In this episode, SharkCast host Kent Schmidt interviews fellow Dorsey Partner Tony Badaracco about the evolving lan...
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Season 2
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Episode 8
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39:03
Dealing with Hostile Adversaries in Contentious Litigation
Litigation is an inherently adversarial process. At times the contentiousness and acrimony become a challenge for the parties to address. Hostility increases the costs of litigation as well as the stress levels of all participants. For those re...
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Season 2
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Episode 7
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38:59
Navigating the New FTC Rule Against Non-Compete Provisions
On April 23, 2024, the Federal Trade Commission (FTC) issued a Final Rule banning the use of non-compete provisions in employment contracts. While subject to legal challenges, the federal standards, combined with diverse state rules on such pro...
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Season 2
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Episode 5
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36:02
The Tidal Wave of Website Privacy Class Actions and Mass Arbitration Claims
We often hear of litigation trends described in dramatic terms: “the floodgates will open” or “a tidal wave of claims is coming.” Often the predictions end up being off the mark. But with respect to website privacy claims, companies being delug...
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Season 2
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Episode 4
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42:44
Climate Change Disclosures – How Regulatory Compliance Leads to Future Litigation Risks
Mandate disclosures relating to climate change represent a new trend in the U.S. and around the world. Recent additions to the climate change regulatory landscape include a new mandate by the SEC and three new laws enacted in California. These ...
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Season 2
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Episode 3
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42:51
Crossing the Pond: Managing Litigation Expectations in Europe and the U.S.
The challenges of navigating complex litigation increase substantially when parties are required to litigate in a far flung jurisdiction. Litigation in an unfamiliar jurisdiction challenges assumptions about how the litigation process unfolds. ...
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Season 2
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Episode 2
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46:15
Consumer Surveys – Separating Pseudo Science from Admissible Evidence
Many complex litigation claims turn on the ultimate question of how a reasonable person perceives an advertisement, marketing message, or business practice. Courts in recent years have been required to decide the admissibility of consumer surve...
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Season 2
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Episode 1
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31:51
The New Trap Doors in Employment Litigation
One of the most evolving and dynamic categories of litigation risks relates to a company’s employees. Crewmember litigation is what we refer to as the fifth C of the Five Litigation Risks. Each year, new legislation is signed into law ...
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Season 1
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Episode 12
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44:33
Thinking Offensively and Defensively About a Trademark Portfolio
A prudent step in avoiding litigation claims is securing protection for trademarks and other distinctive marks from the time of a company’s initial launch through its maturation and expansion. How can companies effectively manage their trademar...
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Season 1
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Episode 11
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37:24
European Data Privacy and New Regulations Governing Transfer of Data to the U.S.
The U.S. and European economies collectively represent a third of global trade in goods and services, and close to a third of the world’s GDP. It follows that a staggering amount of personal data is exchanged between U.S. and European-based com...
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Season 1
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Episode 10
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44:09
New Trends in Managing Litigation Outcomes: Litigation Risk Transfer Arrangements
Effectively managing litigation risks entails understanding what litigation risk transfer vehicles are available to companies. The most apparent way to transfer risk is obtaining appropriately comprehensive liability insurance prior to a cl...
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Season 1
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Episode 9
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31:09
To Arbitrate or Not to Arbitrate: That is the Question
Managing litigation risks includes thinking about the process and forum by which commercial disputes will be resolved. Yet, there is no consensus among business transactional and trial lawyers on whether arbitration provisions are advantageous ...
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Season 1
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Episode 8
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52:52
New AI Lawsuits Relating to the Use of Allegedly Stolen Data
Litigation risks associated with consumer privacy are well-known. Until this year, almost all of the consumer privacy litigation was aimed at companies releasing individuals’ personal information to others. But with the advent of AI, w...
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Episode 7
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35:16
How Trial Counsel Can Effectively Work with In-House Counsel in Preparing for Trial
Managing litigation effectively is a collaborative process among trial counsel, in-house lawyers, c-suite executives and others in the company. It is imperative that all participants in the process work together for a successful result. In this...
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Season 1
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Episode 6
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35:31
Supreme Court Update: Three Decisions From the Last Term that Impact Litigation Risks
The end of June marked the conclusion of the U.S. Supreme Court’s most recent term. In addition to cases that grab headlines dealing with social, political, or public policy issues, the Court also decides issues that impact business litigation....
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Season 1
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Episode 5
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30:42
How to Effectively Manage the E-Discovery Process in Complex Commercial Litigation
E-discovery has transformed the way we handle complex commercial litigation over the last 25 years. New technology brings emerging challenges as well as opportunities. In this episode, Dorsey Partners Kent Schmidt, Kate Johnson, and Dorsey Dire...
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Episode 4
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39:15
Addressing Litigation Risks Unique to the New Realities of Remote Work
In a post-pandemic environment, more people are still working from home than ever before. In this episode, Dorsey Partners Kent Schmidt,
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Season 1
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Episode 3
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47:36
The Fundamentals of Shareholder Litigation
Every enterprise, from a large public company to a small private business, needs to be concerned about lawsuits from company’s ultimate owners – the shareholders or other stakeholders. In this episode, Dorsey Partners Kent Schmidt and Kir...
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Season 1
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Episode 2
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35:36
Tendering Claims to Insurers and Addressing Coverage Disputes
In the litigation process, addressing and managing insurance coverage issues can be critical. In many cases, the complexity of litigation increases as a result of a side-contest over coverage. Insurers either deny coverage or agree that there i...
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Season 1
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Episode 1
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43:12