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 in most commercial transactions. In this episode, Dorsey Partner Richard Silberberg and Dorsey Partner/Podcast Host Kent Schmidt tackle the topic of arbitration provisions and discuss how to approach the question of whether and how to agree to an arbitration.Read the ABA Litigation Journal article mentioned in this episode of SharkCast: Debunking Misperceptions: The Upsides of Commercial Arbitration by Richard Silberberg and Neal Eiseman.This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

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, we are seeing new permutation of privacy claims — liability for companies that receive data scraped from the internet including de-anonymizing data of website visitors.  In this episode, Dorsey Associate Melonie Jordan and Dorsey Partner and Podcast Host Kent Schmidt discuss what some recent court filings, providing a preview of the road ahead for AI-related litigation relating to consumer privacy including two new California lawsuits.This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

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 episode, we explore these topics with seasoned trial lawyer, J Jackson.  Drawing on his decades of experience, J discusses how he works from the beginning of the case to the conclusion of trial, including the crucial step of developing a case theme for trial.This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

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. Its decision will now play out in courts around the country as judges apply the new cases. In this episode, we hear from three Dorsey appellate lawyers, Steve Wells, Nick Bullard and Brock Huebner, who have been tracking the Court’s decisions, along with Partner and Podcast Host, Kent Schmidt. We focus on three decisions from this term that in-house counsel should consider in managing and assessing litigation risks.This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

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 Director of Knowledge Management/Innovation Caroline Sweeney discuss ways to manage expenses and burden of collecting, reviewing and producing massive amounts of e-discovery. This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

In a post-pandemic environment, more people are still working from home than ever before.  In this episode, Dorsey Partners Kent Schmidt, Nisha Verma, and Heather Dillion discuss the types of claims we are seeing and issues companies are facing in the brave new world of remote employment. This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

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  Kirstin Schubert explore basic shareholder rights and how lawsuits are brought to assert and vindicate those rights. They unravel some of the complications that arise in this unique type of litigation and ways companies can prepare to weather a shareholder lawsuit.This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

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 is coverage subject to a reservation of rights. More issues emerge as the insurer seeks to control the costs and dictate the defense of the claim. In this episode, Dorsey Partners Kent Schmidt and Skip Durocher explore insurance coverage issues, from tendering a claim to insurers, dealing with an adverse coverage decision, and working with insurance adjusters in managing claims to a successful completion. This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.