The Litigation War Room

On this episode, Maxwell Goss has a wide-ranging discussion with business litigator Mark Rossman of Rossman P.C., including war stories about business litigation and insights for building and managing a successful law firm.-----00:18 – Introduction02:00 – About Mark Rossman04:23 – Mark’s “Separation Litigation” Practice12:45 – The shark and the moose19:14 – The Bob Seger case23:24 – Building a law firm31:20 – The Business Law Symposium34:02 – On niche practices-----Mark Rossman's Attorney Bio-----The Litigation War Room is hosted by litigation lawyer Maxwell Goss. Max represents clients in intellectual property and business cases throughout Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.-----Show WebsiteTwitterLinkedInFacebook

On this episode, Maxwell Goss interviews Jerome Pesick, a leading litigator in the areas of eminent domain and land use law. A frequent author and speaker on eminent domain topics, Jerry is a trusted authority for several print and broadcast news outlets.Jerry discusses some of the important matters he has handled, including a landmark case in which he secured for his client the largest eminent domain verdict in Michigan history. Throughout the interview, Jerry also provides useful insights on selecting a jury and on the unique challenges of litigating against government entities.-----“The appraisals are complicated. It’s something that most citizens never deal with in their everyday lives. So you have to get down into the nitty gritty, explaining to them the details of how we got here, what the property means to our client, and how the valuation process works.”-Jerome Pesick-----00:18 – Introduction01:32 – About Jerome Pesick02:56 – What is eminent domain?07:28 – Detroit v. Detroit Plaza Ltz. Partnership17:04 – Juries and eminent domain18:54 – Gordie Howe International Bridge23:15 – Litigating against government entities25:10 – Local politics and eminent domain27:45 – Where to find Jerome Pesick online-----Jerry Pesick’s practice areas include eminent domain, condemnation, land use, and property taxation. Over his more than 40-year career, he has tried and settled condemnation cases across Michigan for tens of millions of dollars. He also regularly represents clients in major tax appeal cases involving all types of business properties throughout the state. Well-known for his talents and accomplishments, Jerry has represented clients in virtually every major condemnation project in Michigan, such as the Gordie Howe International Bridge; Poletown; the Detroit Waterfront Casino and Reclamation Project; Comerica Park and Ford Field; the I-696, M-59, M-5, Northwestern Connectors; and many others.-----Jerome Pesick’s Attorney Bio-----The Litigation War Room is hosted by litigation lawyer Maxwell Goss. Max represents clients in intellectual property and business cases throughout Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.-----Show WebsiteTwitterLinkedInFacebook

On this podcast episode, Maxwell Goss interviews celebrity divorce lawyer Christopher Melcher. Chris has been quoted and featured in media outlets including ABC News, CNN, Fox News, USA Today, and Entertainment Tonight. Chris gives his take on the Johnny Depp-Amber Heard trial and the custody battles between Brad Pitt and Angelina Jolie. He also provides insights for all lawyers on how to handle cases involving explosive personal allegations.-----“Gone are the days of being quiet . . . Social media is dominant.Anyone can create a social media post, and if it’s about something interesting enough, it can just take off. I don’t think we have the luxury of waiting and saying, ‘let’s think about this for three weeks.'”-Christopher Melcher-----00:18 – Introduction01:12 – About Christopher Melcher02:55 – How Chris got into celebrity divorce law05:08 – Johnny Depp v. Amber Heard13:58 – The "Me Too" movement and the Depp/Heard trial18:39 – Likeability and credibility24:15 – The verdict and its implications26:11 – The Brad Pitt and Angelina Jolie saga33:40 – Advice to attorneys handling bad facts36:36 – The pros and cons of going public39:08 – Where to find Chris Melcher online-----Christopher Melcher represents A-list celebrities, business owners, and trust beneficiaries in high-stakes divorces. With deep experience in complex family law litigation and premarital agreements, Chris provides tactical representation in the most challenging family law disputes. Chris has presented about 200 continuing legal education programs on complex family law issues, and wrote the only treatise on California premarital agreement law. Chris is also an adjunct professor of family law at Pepperdine University School of Law in Malibu.-----About Chris MelcherChris Melcher on the Johnny Depp-Amber Heard Trial on ABCChris Melcher on the Brangelina Split on Good Morning Britain-----The Litigation War Room is hosted by litigation lawyer Maxwell Goss. Max represents clients in intellectual property and business cases throughout Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.----------Show WebsiteTwitterLinkedInFacebook

On this episode, Maxwell Goss speaks with legendary California litigator, Dan Callahan. Dan has the rare distinction of having achieved record verdicts and settlements in business, personal injury, insurance bad faith, and employment litigation. Dan discusses some of his biggest wins, including the $934 million jury verdict in a business contract and fraud case. Dan also talks about how he uses creativity and hard work to tackle what he calls “impossible" cases.-----“I prepare to meet the big bad wolf, the Goliath, in the courtroom.So I make my opposition into Goliath.And when we show up in trial, they are not really Goliath.But we come prepared to beat Goliath, and that’s why we get the results.”-Daniel Callahan-----01:28 - About Dan Callahan and his law practice05:52 – The importance of creativity in litigation11:34 – Neria vs. The City of Dana Point16:16 – The Beckman Coulter case20:59 – What a $900M+ verdict did for Dan’s law practice21:48 – The Farmers Insurance case23:43 – How Dan prepares for a case26:53 – Dan’s advice for litigators taking on difficult cases29:02 – The importance of preparation in litigation31:06 – Where to find Dan Callahan online-----Daniel Callahan opened his own law office on St. Patrick’s Day in 1984. Throughout his career, Daniel J. Callahan has always been known as one of the top trial attorneys in California. Daniel Callahan also provides corporate consulting to law firms and lawyers regarding litigation and strategy through Callahan Consulting Group LLC.Dan’s notable jury verdicts included a $934,000,000 jury verdict obtained after a three-month jury trial in a complex business dispute entitled Beckman Coulter vs. Flextronics. This unanimous verdict was the largest in California in 2003 and remains the largest in Orange County history. He also went on to obtain a $50,000,000 settlement in a road design case against the City of Dana Point. Exclusive of large class actions, this continues to be the largest personal injury settlement in United States history. Dan also obtained, after a two-month jury trial, a $38 million settlement on behalf of a class of newspaper delivery drivers against The Orange County Register. This is still the highest employment settlement in Orange County’s history.-----Dan Callahan’s “Mission Impossible” adCallahan ConsultingDan Callahan’s Attorney BioCallahan & Blaine Wins $934 Million Judgment-----The Litigation War Room is hosted by litigation lawyer Maxwell Goss. Max represents clients in intellectual property and business cases throughout Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.----------Show WebsiteTwitterLinkedIna...

On this special replay, we return to Max's interview with Mike Morse, a high-profile attorney known for his entertaining TV ads and his impressive wins on behalf of injured clients. Mike is the author of Fireproof: a Five-Step Model to Take Your Law Firm from Unpredictable to Wildly Profitable. Mike talks about how he went from being a true solo to becoming a household name. Mike shares some of his secrets for building what he calls a “fireproof” law firm.----------“What is the lawyer’s biggest case? The biggest thing in their life is their law firm. And I don’t see the same preparation in running a law firm as I do running their biggest case. . . . Spend at least the amount of time running your law firm that you do on your biggest case.”-Mike Morse----------00:19 – Introduction02:23 – About Mike Morse’s practice05:09 – The importance of delegation06:58 – Why Mike decided to write Fireproof08:38 – COVID’s impact on law firms09:24 – Mike’s television ads13:26 – The Jesus Moreno Case17:46 – Why Mike wrote Fireproof21:14 – Running a law firm like a business23:43 – The “Legal Jumbotron”25:37 – How Mike answers skeptics28:23 – Concluding remarks----------Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury firm in Michigan. Mike lectures across the country on the practice of law and how to build a successful law firm. Recently, he was named a #1 Amazon Best-selling author for his book on this topic, FireProof: a Five-Step Model to Take Your Law From from Unpredictable to Wildly Profitable. Mike also hosts a weekly podcast, Open Mike, where he shares advice on the law and brings important legal topics to the forefront. He is also involved with many charitable organizations including Project Backpack, a program he founded that provides free backpacks and school supplies to students in need.Mike has received many awards and accolades, including being named one of America’s 50 Most Influential Trial Lawyers by The National Law Journal and The Trial Lawyer Magazine, Lawyers Weekly Leader in the Law, DBiz Top Lawyer, and Super Lawyer’s Top Rated Lawyer. Mike has also received multiple Golden Gavel Awards for his award-winning commercials and garnered coverage from prominent news outlets and renowned publications such as The Today Show, Huffington Post, and Lawyers Weekly. He is often featured as a legal advisor on local news broadcasts in metro Detroit.----------Mike’s Book: FireproofMike’s Podcast: Open MikeMike’s Award-Winning Commercials----------The Litigation War Room is hosted by litigation lawyer Maxwell Goss. Max represents clients in intellectual property and business cases throughout Michigan and around the country, bringing forceful advocacy and creative solutions to every case he handles.----------Show WebsiteTwitterLinkedInp...

On this episode, Maxwell Goss speaks with prominent criminal defense attorney Neil Rockind. Neil talks about his victory in securing the acquittal of an individual charged with reckless driving following the highly publicized tragic death of a police officer. Neil shares insights on many aspects of trial practice, including the importance of humanizing the defendant, dealing with public scrutiny in high-profile cases, and how cross-examination can make or break your case.----------00:18 - Introduction01:57 - About Neil Rockind and his law practice03:43 – Some of Neil's high-profile cases05:10 – Oxford school case07:37 – "Killer" cross-examination11:33 – Learning effective cross-examination16:32 – People vs. Charles Warren16:58 – The criminalization of driving offenses23:38 – Hindsight bias30:20 – Cross-examination of the lead investigator33:35 – Verdict in the Charles Warren case37:21 – Handling cases with intense public scrutiny40:41 – Where to find Neil Rockind online----------Neil Rockind’s Attorney BioNeil Rockind’s Killer Cross-Examination PodcastJury Acquits Man in Traffic Death of State Trooper----------Show WebsiteTwitterLinkedInFacebook

On this episode of The Litigation War Room, Maxwell Goss speaks with Sara MacWilliams, a business litigator described by one judge as an “outstanding legal mind” who “refuted all the claims made [by her opponent] with assurance and aplomb.” Sara talks about an important recent case she handled that clarified and amplified the rights of corporate shareholders. Sara provides insights about shareholder litigation and successfully litigating unresolved questions of law.----------01:59 - About Sara MacWilliams and her law practice05:11 - Murphy v. Inman09:26 - Cash-out mergers13:12 - Derivative versus direct claims18:00 - Corporate fiduciary duties20:00 - The opinion in Murphy v. Inman22:16 - Test for identifying direct claims24:17 - Duties of directors to shareholders27:13 - Broader implications of Murphy v. Inman30:58 - Sara's advice for attorneys32:45 - Where to find Sara MacWilliams online----------Sara MacWilliams’s Attorney BioOpinion of Justice Zahra in Murphy v. Inman----------Show WebsiteTwitterLinkedInFacebook

Maxwell Goss speaks with Doug Lalone, an engineer and patent attorney with the intellectual property firm Fishman Stewart. Doug tells the story of a very interesting case he handled involving a design patent for a rifle scope. The case involved not only cutting-edge issues in IP law but also intersected with a criminal prosecution. Doug offers insights on dealing with scorched earth litigation tactics and putting together a winning strategy in high-stakes cases.----------00:19 – Introduction01:49 – About Doug Lalone04:20 – Doug’s involvement with ACG05:13 – The Leepers rifle scope case12:41 – Trade dress infringement16:25 – Functionality and trade dress22:04 – Resolution of the rifle scope case24:18 – Doug’s advice for dealing with scorched earth litigators26:20 – Pleading the fifth in a civil case30:52 – Where to find Doug Lalone online31:38 – Sponsor Spotlight: Shaun Fitzpatrick of Fortz Legal Support----------Doug Lalone’s Attorney Bio----------Show WebsiteTwitterLinkedInFacebook----------Fortz Legal: Court Reporting | Litigation Support | Legal Support

On this episode, Maxwell Goss chats with Nicole Westbrook, a litigation partner with the law firm of Jones & Keller in Denver, Colorado. In this wide-ranging conversation, Nicole discusses deposition skills, the pros and cons of arbitration, the challenges of remote technology, and her advocacy for women in the law.Nicole also dives into an interesting case she handled concerning a multi-level marketing business, and talks about some of the unique legal challenges facing players in that industry.----------00:18 – Introduction01:18 – About Nicole Westbrook02:19 – Legal challenges for multi-level marketing (MLM) companies08:45 – Nicole’s federal clerkship12:12 – Retaining women in the legal practice14:10 – Nicole’s work with the National Institute for Trial Advocacy15:47 – Preparing for depositions18:11 – A recent case involving an MLM business22:25 – Nicole’s critique of the arbitration system26:10 – The challenges of remote depositions35:11 – Nicole’s advice on conducting an effective deposition37:47 – Where to find Nicole Westbrook online---------Nicole Westbrook’s Attorney BioJones & Keller----------Show WebsiteTwitterLinkedInFacebook----------Fortz Legal: Court Reporting | Litigation Support | Legal Support

On this episode of The Litigation War Room podcast, Maxwell Goss chats with Daniel Quick, a leading business litigator, partner with Dickinson Wright, and co-author of Michigan Business Torts.Dan discusses his successful litigation and trial of a non-compete case against celebrity chef Matt Prentice. Dan discusses the fascinating facts of this case and the interesting opinion from business court judge Michael Warren. Dan also offers insights on handling contentious business cases and on the state of non-compete legislation and litigation nationwide.----------00:18 - Introduction01:19 - Daniel Quick's professional background3:04 - The value of bar associations6:01 - The Matt Prentice case13:21 - Non-compete law in Michigan24:29 - Daniel Quick's victory in the Matt Prentice case28:44 - The use and misuse of non-compete agreements31:30 - Judge Michael Warren's opinion in the Matt Prentice case----------Daniel Quick’s Attorney BioMichigan Business Torts----------Show WebsiteTwitterLinkedInFacebook

On this episode, Maxwell Goss speaks with Daniel Sharkey, a supply chain litigation attorney who has been ranked by Super Lawyers as a top 10 lawyer in the state of Michigan.Dan discusses an automotive case in which he helped his client achieve a great result by shaping the factual record long before a lawsuit was filed. Along the way, Dan offers great insights on counseling business clients and strategically positioning a case for success from start to finish.----------“There’s a classic risk-return tradeoff. You can’t go nuts about every potential risk or you’d never leave your porch. But at the same time, there’s a tradeoff there. And when you see a client who is biting off a huge potential risk, we have a duty at least a flag it, make them aware of it, and say, ‘You can sign it, but this is what you are getting into.’”-Dan Sharkey----------00:19 – Introduction01:14 – Dan Sharkey's trial experience as a JAG attorney02:25 – More about Dan and his law practice04:32 – Auto supply chain litigation06:49 – Thoughts on the supply chain crisis11:24 – The value a seasoned litigator can add at the contract stage13:02 – The Bilstein case23:02 – Thoughts on contract negotiation27:36 – Dan's advice for setting the table for a dispute30:51 – Where to find Dan Sharkey online----------Daniel Sharkey’s Attorney Bio----------Show WebsiteTwitterLinkedInFacebook

On this episode, Maxwell Goss talks with former U.S. Attorney Matthew Schneider of the Honigman law firm. Matthew tells never-before-heard stories about how his office handled major law enforcement challenges including the COVID outbreak and protests following the death of George Floyd.He also talks about busting the leadership of the UAW on corruption charges, and about his current practice handling internal investigations. Finally, Matthew offers advice for attorneys looking to make a career in public service.----------“Be nice to everyone. If you do just that,it's going to come around and benefit you.”- Matthew Schneider----------00:18 – Introduction02:07 – About Former U.S. Attorney Matthew Schneider05:23 – UAW investigation08:58 – Career and appointment as U.S. Attorney10:54 – Law enforcement environment during COVID13:13 – Protests of the summer of 202015:20 – Why protests in Detroit were different17:59 – Matthew Schneider's work with Attorney General Bill Barr21:18 – Working behind the scenes during the COVID crisis23:10 – Matthew Schneider's white collar and investigations practice25:07 – Advice for attorneys looking to pursue public service27:02 – Civility in modern politics29:01 – Where to find Matthew Schneider online29:37 – Mini-interview with Mike Morse----------Honigman----------Show WebsiteTwitterLinkedInFacebook

On this episode of The Litigation War Room, Maxwell Goss speaks with Eliot Wagonheim. Eliot is a seasoned litigator as well as a frequent public speaker and podcaster. He is also the creator of WagonheimU, a learning platform for construction subcontractors. Eliot discusses some of the interesting construction litigation cases that he handled, and shares insights on physical presence, or what he calls "blocking and staging," in the courtroom.----------“All movement should be intentional. It shouldn’t look like a quirk or something you forgot on the other side of the courtroom. And it shouldn’t look threatening, like now you’re rushing the witness stand. There should be a method.”-Eliot Wagonheim----------00:19 – Introduction01:38 – About Eliot Wagonheim and his law practice02:39 – What makes construction cases unique04:24 – Eliot on being a public speaker06:47 – WagonheimU07:57 – The Universal case11:02 – Arbitration provisions in construction cases17:05 – Playing different roles with juries19:55 – Balancing planning and improvising23:53 – The Elevated case29:31 – Eliot's advice for using blocking and staging as a litigator32:12 – Where to find Eliot online32:38 – Eliot's podcast, So Here's My Story34:08 – Business Law Symposium preview with Roy Sexton----------With 30+ years of experience, Eliot serves as general counsel to small to mid-sized businesses in a wide array of industries in both litigation and corporate matters. Over the course of his career, Eliot and his team have served as buyer’s counsel as well as seller’s counsel in transactions ranging from $50,000 to $100,000,000. From a litigation perspective, Eliot has both won and successfully defended cases ranging from multi-million dollar, bet-your-company cases to smaller, District Court actions.In addition to working with clients, Eliot also supports organizations and people by teaching online webinars, workshops, and Master Classes through the online platform WagonheimU; and speaking virtually and in-person.----------Eliot Wagonheim’s Attorney BioWagonheimU Subcontractor TrainingSo Here’s My Story podcast----------Show WebsiteTwitterLinkedInFacebook

On this episode, Maxwell Goss talks with high-stakes family law attorney, Ashish Joshi. Ashish handles disputes involving the mistreatment of children, allegations of child abuse, and recovery of abducted children across the United States and around the world. An authority on the subject of parental alienation, Ashish is the author of Litigating Parental Alienation: Evaluating and Presenting an Effective Case in Court. In the interview, Ashish offers insights drawing from his deep knowledge and experience in this important area of law.----------“I think it’s an absolute misconception that litigation does not help children,that it’s never in the child’s best interest for the parents to litigate.I think if there are allegations that can be settled by fact-finding, it is important to litigate as early as possible. Otherwise, you are going to have theories from each side, and the ghosts of these theories are going to haunt the case and the professionals involved for months and for years.”-Ashish Joshi----------00:18 – Introduction01:52 – About Ashish Joshi and his law practice04:37 – Practicing law in India vs. the United States07:58 – Ashish's book Litigating Parental Alienation09:37 – What is parental alienation?20:12 – Guardians ad litem and parental alienation25:35 – Judicial recognition of parental alienation30:46 – The biggest obstacle to getting a good result in a parental alienation case36:10 – Alienation vs. estrangement42:07 – Ashish's advice for litigators handling parental alienation cases45:11 – Where to find Ashish Joshi online45:53 – Business Law Symposium preview with Powell Miller----------Ashish Joshi serves as the lead counsel in high-stakes, complex disputes and litigation matters. Mr. Joshi has counseled and/or represented clients in state and federal courts across the United States and internationally, including in India, United Kingdom, Canada, Luxembourg, Hong Kong, British Virgin Islands, and China.Mr. Joshi’s focus lies at the intersection of forensic sciences, human rights, and complex disputes in situations involving severe parental alienation and psychological maltreatment of children, false allegations of child abuse, recovery of abducted children and/or hidden assets in foreign jurisdictions and multi-jurisdictional disputes. He has served as lead counsel in some of the most significant matters in these specialized areas of law. Mr. Joshi and his team have represented clients around the country and internationally.Mr. Joshi is privileged to serve as the Editor in Chief for Litigation, the journal of the American Bar Association’s Section of Litigation and on the Advisory Board for Champion, the journal published by the National Association of Criminal Defense Lawyers. Mr. Joshi also served on the Board of Directors of the National Association of Criminal Defense Lawyers based in Washington, D.C.----------Ashish Joshi’s Attorney BioLitigating Parental Alienation: Evaluating and Presenting an Effective Case in Court----------Show WebsiteTwitterLinkedIna...

On this episode, Maxwell Goss speaks with Daniel Dalton, the nation’s foremost litigator representing churches and religious bodies in land use and real property disputes. Dan is the author of several books including Religious Property Disputes and the Law, published by the American Bar Association. Dan discusses a pair of important cases involving religious land use and the free exercise clause. Dan also provides insights for handling lawsuits against government entities.----------“Government entities always have the upper hand . . . They have the ability, through statute and through judicial creation,to do things that anywhere else in the world would be illegal.”-Daniel P. Dalton----------00:19 – Introduction01:43 – Daniel Dalton's law practice03:48 – Daniel's latest book, Religious Property Disputes and the Law05:26 – Religious Land Use and Institutionalized Person Act (RLUIPA)07:32 – Religious congregations separating from their denominations09:34 – The Our Lady of Peace case16:32 – The West Valley Christian Center case22:14 – Litigating against a government agency vs. litigating against a corporation25:43 – Dan's advice for lawyers suing a government entity27:18 – Where to find Daniel online----------Daniel P. Dalton is the nation’s preeminent authority in the Religious Land Use and Institutionalized Person Act, also known as RLUIPA. He is one of the country’s most experienced attorneys in representing churches and other religious institutions in land use and zoning cases. Dan is the author of books including Religious Property Disputes and the Law and Litigating Religious Land Use Cases, published by the American Bar Association.Dan’s firm, Dalton & Tomich, PLC, is the national leader in successfully helping churches, other religious institutions and their insurers defend their rights in land use and zoning matters under RLUIPA, the Religious Land Use and Institutionalized Persons Act. The firm has helped clients win cases against municipalities and other local government bodies from coast to coast, with experience serving both as general counsel and special litigation counsel.----------Daniel Dalton’s Attorney BioReligious Property Disputes and the LawLitigating Religious Land Use Cases----------Show WebsiteTwitterLinkedInFacebook