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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
On this episode, Maxwell Goss speaks with William Charron, the nation's leading art law and litigation attorney, who handles a wide range of art authenticity, title, and related matters, as well as commercial and IP matters. Bill discusses a high-profile case in which he represented the owner of artwork alleged to have been stolen by the Nazis in World War II. Bill also provides insights into the fascinating world of art law and litigation, and provides advice for those seeking to make a career in this exciting field.----------“These cases bring in the mix not only law, but emotion and morals and a number of questions that the law simply can’t answer, but that it is unquestionably guided by, because judges are people, too.”-William Charron----------00:18 - Introduction01:37 - William Charron’s law practice02:54 - How Bill got into art law03:56 - Law and Economics in art law007:04 - Representing Phil Spector in the "Be My Baby" case08:33 - Representing Nelly Furtado in the "Do It" case09:59 - The Court of Arbitration for Art (CAfA)14:00 - Deep dive on the Egon Schiele "Torso" case34:11 - The laches defense in art law38:53 - The big issues in art law today42:03 - Bill’s advice for those interested in pursuing art law45:08 - Where to find Bill online ----------William Charron is one of the nation’s preeminent litigators for authenticity, title, and stolen art disputes. Bill is the co-chair of Pryor Cashman’s Art Law practice and is a member of the firm’s Litigation, Intellectual Property, and Media and Entertainment Groups. He frequently lectures and writes on issues impacting the art world, including World War II restitution cases, art authenticity, artist royalty rights, and procedural law issues. Clients enthuse that he is a “very innovative and forward-thinking person,” and “extremely knowledgeable in all kinds of ways in all areas of art law.”In addition to his work in art law, Bill has extensive experience handling commercial litigation involving property rights in a number of contexts, including intellectual property matters arising under the Copyright and Lanham Acts, right of publicity, and defamation cases, and real estate litigation. He has also represented clients in complex cases involving civil RICO, securities fraud, and banking claims, as well as contract, shareholder, and LLC membership disputes.----------William Charron’s Attorney BioWilliam Charron Spearheads New Art Arbitration CourtWilliam Charron Featured in Art Forgery Documentary----------Show WebsiteTwitterLinkedInFacebook
On this episode, Maxwell Goss talks with Angelo Spyratos, a leading insurance defense attorney and founder of Spyratos Davis in Chicago, Illinois. Angelo has tried more than 40 cases to verdict, and is an accomplished author and speaker. Angelo provides his defense perspectives on personal injury trials and shares some of his secrets for reaching today's jurors.----------“We try to mitigate the damages for our client. We try to assess them and say this what you’re looking at and then work like the dickens to try to minimize the exposure that a client might have in what is probably the worst point in their lives.”-Angelo Spyratos-----------00:19 – Introduction02:40 – Angelo Spyratos's insurance defense practice06:49 – Angelo's commitment to trial advocacy08:51 – A recent wrongful death case that Angelo handled16:31 – Dealing with today's jurors28:24 – Advice on examining experts at trial32:55 – Further observations on today's jurors39:27 – Angelo's advice to defense attorneys43:14 – Where to find Angelo online----------Angelo Spyratos is a Founding Member of SpyratosDavis LLC. For 25 years he has concentrated his practice in civil litigation defense, with over 40 civil jury trials to verdict for his clients.Angelo’s passion for his client’s interest allows him to serve as a trusted advisor and counselor in championing their cause before courts throughout the state. He has published numerous articles on trial practice and often serves as an author and presenter for continuing legal education.Outside the practice, Angelo enjoys traveling, cooking, photography and tournament poker. He shares 3 of these 4 hobbies with his wife and two children.----------About Angelo Spyratos----------Show WebsiteTwitterLinkedInFacebook
On this episode, Maxwell Goss interviews Troy Doucet, a leading foreclosure defense attorney, law entrepreneur, and accomplished author. Troy has written a book called The Art of War for Lawyers, which takes insights from the classic text The Art of War and applies them to modern litigation. Troy talks about developing a winning strategy, and expounds on the five factors every litigator needs to master to get great results for clients. Troy also talks about his foreclosure practice and his new legal eLearning venture.----------“If you are able to keep your strategy secret, but you figure out what the other side’s is,then you are able to focus all of your energies on one point,whereas the other side has to attack or defend all points.”-Troy Doucet----------00:19 – Introduction01:25 – Troy Doucet's foreclosure defense practice03:34 – Troy's life before practicing law09:44 – Troy's e-learning venture13:53 – The Art of War for Lawyers15:44 – Sun Tzu's The Art of War21:45 – The 5 factors for success in battle29:01 – Strategy in warfare and litigation37:18 – Secrecy and litigation44:23 – Where to find Troy online----------Troy Doucet opened his law firm in 2010, immediately after graduating law school. Law is a second career for him, after extensive work in the mortgage industry. He works hard for his clients and has always maintained a philosophy that you should not have to be rich to hire a good lawyer.Troy has litigated hundreds of cases and dozens of appeals in his career, with several notable decisions that shape consumer law for the benefit of people at the Sixth Circuit federal appellate court. He is licensed in Ohio and Florida and admitted to practice in the U.S. District Courts for the Northern District of Ohio, the Southern District of Ohio, and the Southern District of Florida, the Sixth Circuit Court of Appeals, and the Supreme Court of the United States.Due to Troy’s years of work in the mortgage industry, he has a unique and comprehensive understanding of mortgage financing and foreclosure defense. He published a 440-page book about litigating foreclosure cases in 2008, titled, 23 Legal Defenses to Foreclosure: How to Beat the Bank, and then published an integrated copy of Regulation Z in 2009, titled Regulation Z of the Truth in Lending Act: 12 C.F.R. Part 226. In 2014, he published The Art of War for Lawyers. He regularly speaks on the topic of foreclosure and consumer law and has taught numerous CLE courses for other lawyers.----------About Troy DoucetThe Art of War for LawyerseLearning.Law----------Show WebsiteTwitterLinkedInFacebook
On this episode, Maxwell Goss interviews Kurtis Wilder, a former justice of the Michigan Supreme Court who now practices law at the Detroit firm Butzel Long. Justice Wilder talks about his interesting career as a jurist – first as a trial judge, then appellate judge, and finally a supreme court justice. He also discusses a very interesting appeal involving the law of wills and trusts and the rules of professional conduct. Throughout the conversation, Justice Wilder provides valuable insights on the art of appellate advocacy.----------“The appellate panel is thinking about how to place the facts of this case withinthe context of all the other cases that deal with similar issues of law.And what they’re thinking about is the fabric of the law.”-Kurtis Wilder----------00:18 – Introduction01:04 – About Kurtis Wilder04:15 – Mediations and COVID-1908:52 – Trial experience and the appellate judge15:23 – Papazian v. Goldberg (In re Mardigian Estate)22:28 – Wills and trusts versus contracts27:50 – The role of the legislature29:41 – Tips for effective appellate advocacy34:40 – Judicial perspective on private practice-----------Former Justice Kurtis T. Wilder is a shareholder of Butzel Long. He concentrates his practice in litigation and appeals. Justice Wilder was appointed by Governor John Engler as judge of the Washtenaw County Circuit Court in March 1992. In December 1998 Governor Engler elevated Justice Wilder to the Michigan First District Court of Appeals where he served four terms from 1998-2017. On May 9, 2017, Governor Snyder appointed Justice Wilder to the Michigan Supreme Court. Justice Wilder graduated from the University of Michigan with an A.B. degree in Political Science in 1981, and from the University of Michigan Law School with a Juris Doctor degree in 1984.----------About Kurtis WilderIn re Mardigian----------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
We are sad to report that Norman Lippitt has died at the age of 85. Norm was our very first guest on The Litigation War Room. He may have been our best one, too. Though his physical health was declining when we did the interview, Norm’s mind was sharp as ever. He shared some amazing war stories from his storied legal career and offered some really valuable advice for courtroom lawyers. Norman Lippitt was a lion of the law. In honor of his legacy, we’re re-playing his interview on The Litigation War Room.----------“When you cross-examine a witness, the golden rule is: Don’t lose. You may not gain anything. You may not win. But don’t lose.”-Norman Lippitt----------In the Trenches: Guerilla Warfare and Other Trial TacticsLippitt O’Keefe, PLLC----------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 Aaron Phelps, a commercial litigator with the Varnum law firm. Aaron handles a range of litigation matters including healthcare, corporate governance, energy, and environmental tort actions. Aaron talks about his victories in a series of important lawsuits he filed against Blue Cross Blue Shield of Michigan for charging “hidden fees” on its customers. Aaron also shares insights on the art of the bench trial.---------“A judge is just another juror. They’re people and they have an emotional reaction just like everyone else. You want the judge to be on your side.You want them to want to rule in your favor.“-Aaron Phelps----------00:18 – Introduction01:09 – About Aaron Phelps03:41 – About Aaron’s firm04:29 – The “hidden fees” cases13:28 – Hi-Lex Controls, Inc. v. Blue Cross Blue Shield of Michigan27:49 – Aaron Phelps’ advice on bench trials32:52 – Concluding remarks----------Aaron Phelps focuses his practice on complex commercial and environmental litigation – in Michigan and around the country. Aaron has represented clients in contract and corporate governance disputes, telecommunications and energy matters, health care litigation and environmental tort actions.Over the last five years, Aaron has represented over 200 companies in lawsuits against Blue Cross Blue Shield of Michigan for ERISA violations. The first trial resulted in a $6 million judgment, and subsequent judgments ranged from $315,000 to over $8 million. Aaron defended the primary judgment on appeal, where it was unanimously affirmed by the U.S. Court of Appeals for the Sixth Circuit and certiorari denied by the U.S. Supreme Court.In February 2020, Aaron successfully tried an inverse condemnation case against the City of Grand Rapids on behalf of the Plaza Towers. The jury awarded over $7 million in a case where the City offered zero dollars in settlement. Currently, Aaron represents over 400 Rockford area residents in over 250 lawsuits against Wolverine Worldwide and 3M related to PFAS contamination.----------About Aaron PhelpsAbout the “hidden fee” casesAaron Phelps featured in water contamination documentary----------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
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