SharkCast

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 climate change provisions portend similar regulations at state and federal levels, as well as around the world. In this episode, Dorsey attorneys Brian Bell and Kayla Race explain the requirements and applicability of the SEC rules and California statutes with Dorsey attorney and podcast host Kent Schmidt. Learn what steps to take to ensure compliance, including the accuracy and completeness of the mandatory disclosures. The discussion also covers how a failure to comply with these climate-related obligations may lead to not only regulatory actions and penalties, but also litigation by shareholders, consumers, and other stakeholders.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 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. Expectations on the timing, sequence and a prudent strategy invariably need to be adjusted to the new norms of the jurisdiction that will be adjudicating the dispute. In this episode, Dorsey London Partner Aymen Khoury and Partner/Podcast Host Kent Schmidt discuss key differences of commercial litigation in the U.S. and Europe, as well as how companies sued in an international litigation can be prepared before entering unfamiliar territory of foreign litigation.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.

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 surveys, separating flawed survey models from those which rise to the level of competent evidence. In this episode, Dorsey Seattle Partner Mike Keyes explains the nuts and bolts of consumer surveys, and how this discipline is often misunderstood with Podcast Host and Dorsey Partner Kent Schmidt.  This episode discusses how Mike’s background as a trademark litigator led him to obtain further training in this science. Listen to learn how litigants can be prepared to either proffer or rebut consumer survey evidence in trial proceedings.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.

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 and landmark decisions are issued, broadening this risk and the duties of employers to employees. Invariably, the scope and nature of the risk increases, as the trend is to provide employers with more protections. Metaphorically, the trap door on which employers may unwittingly be standing may spring at any minute with a new litigation claim.  In this encore episode, California-based Dorsey Partners Nisha Verma, Heather Dillion, and Podcast Host and Partner Kent Schmidt return to SharkCast to highlight trends on the horizon and offer practical insights on how to navigate these litigation risks. Among other topics, this episode discusses cannabis in the workplace, workplace violence prevention, regulating debates among employees on political and social issues, and new trends in wage and hour litigation.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.

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 trademark portfolios and think about cross-border implications as the business expands to new markets? In this SharkCast episode, Dorsey Partner/Podcast Host Kent Schmidt, Dorsey Partner Sarah Robertson, and Dorsey Associate Breanne Wernars provide practical insights on trademark protection best practices.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 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 companies. The collection and use of data of EU citizens raises significant regulatory and consumer litigation concerns. In this episode, Dorsey Partner/Podcast Host Kent Schmidt and London-based Dorsey Partner Ron Moscona explore how the GDPR regulatory scheme differs from the emerging U.S. standards on consumer data privacy protection, and recent developments governing data transfer.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.

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 claim being filed. Today’s sophisticated legal market brings new ways to allow a company to hedge liability, limiting exposure in connection with even pending litigation. In this episode, Dorsey Partner/Podcast Host Kent Schmidt, along with Kevin Skrzysowski and William Marra of Certum Group, explore how litigants can use these litigation risk transfer products when facing bet-the-company litigation claims, or for those on the plaintiff side, reduce the potential of losing out on a litigation investment. 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 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.

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.

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.

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.

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.