Volume 89, No. 2
If you haven't had the chance to listen to these episodes, we invite you to listen to IADC Speaks on the IADC website or wherever you listen to podcasts.
-
Defense Counsel Journal Highlight: Lessons From a Year in Crisis: Do’s and Don’ts of Crisis Management (released 4/26/2022)
In “Defense Counsel Journal Highlight: Lessons From a Year in Crisis: Do’s and Don’ts of Crisis Management,” Christopher B. Parkerson (member of Campbell, Conroy & O’Neil, P.C.; Boston) IADC Defense Counsel Journal Editor, speaks with Michael C. Zogby (partner of Faegre Drinker; Florham Park, NJ), Kaitlyn E. Stone (associate of Faegre Drinker; Florham Park, NJ), and Claudia V. Garcia (Corporate Counsel at Exelixis, Inc.; San Francisco). Michael, Kaitlyn, Claudia, and Christopher discuss data driven and tested methods to address crisis management and engage in a very interesting discussion about the do’s and don’ts an organization should consider when responding to an emergency.
Listen now.
-
Defense Counsel Journal Highlight: Turning the Tables: Non-Retained Experts for Defendants (released 2/7/2022)
In “Defense Counsel Journal Highlight: Turning the Tables: Non-Retained Experts for Defendants,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and Defense Counsel Journal Editor, speaks with Chad R. Hutchinson and Stephen P. Huwe, of Butler Snow LLP (Jackson, MS). Chad, Stephen, and Christopher discuss the procedures and benefits related to disclosing non-retained experts and engage in very interesting discussion about the best practices related to such a disclosure along with thoughts related to when and how it may benefit cases.
Listen now.
-
Defense Counsel Journal Highlight: Will Social Media Platforms Continue to Avoid Litigation Exposed by Offline Counterparts? (released 10/5/2021)
In “Defense Counsel Journal Highlight: Will Social Media Platforms Continue to Avoid Litigation Faced by Offline Counterparts?,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and IADC Defense Counsel Journal Editor, speaks with Peter J. Pizzi, Walsh Pizzi O’Reilly Falanga (Newark). In this interview, they discuss Section 230 of the Communications Decency Act of 1996 with a specific focus on recent criticism and proposed changes to the law. Peter and Christopher engage in a very interesting discussion about current events related to social media and policy issues that have impacted the way Congress, Courts, and the public view the immunities offered by Section 230 and compare the treatment of online platforms to offline counterparts.
Listen now.
-
Defense Counsel Journal Highlight: Preventing Nuclear Settlements at Deposition - The Role of Cognitive Fatigue on Witness Preparation (released July 14, 2021)
In “Defense Counsel Journal Highlight: Preventing Nuclear Settlements at Deposition - The Role of Cognitive Fatigue on Witness Preparation,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and IADC Defense Counsel Journal Editor, speaks with John M. Nunnally, Ragsdale Liggett (Raleigh). In this interview, they discuss ways to prevent poor witness performance at deposition with a specific focus on the role cognitive fatigue plays on the quality of deposition testimony. John and Christopher talk about strategies ranging from reptile theory to document review and how properly timed breaks, structured to allow the witness to refresh his or her mind, can help avoid witness mistakes and bad testimony.
Listen now.
-
Defense Counsel Journal Highlight: Genomics in the Courtroom – The Current Landscape of DNA Technology in Criminal and Civil Litigation (released April 29, 2021)
In “Defense Counsel Journal Highlight: Genomics in the Courtroom - The Current Landscape of DNA Technology in Criminal and Civil Litigation,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and IADC Defense Counsel Journal Editor, speaks with Scott Elder, Alston & Bird (Atlanta) and Dr. David H. Schwartz, Chief Scientific Officer at Innovate Science Solutions. In this interview, they discuss the legal landscape for genetic testing and DNA sequencing and how it impacts causation defenses and other proof issues at trial. Dr. Schwartz adds to the conversation by talking about the practical and scientific issues related to deciding how and what type of testing to do and how genetic testing data can be presented at trial.
Listen now.
-
Defense Counsel Journal Highlight: Proposed Medical Monitoring Rule Allows for Recovery in Absence of Bodily Harm (released December 4, 2020)
In “Defense Counsel Journal Highlight: Proposed Medical Monitoring Rule Allows for Recovery in Absence of Bodily Harm,” Christopher B. Parkerson, a member of Campbell, Conroy & O’Neil, P.C. (Boston) and IADC Defense Counsel Journal Editor, speaks with Mark Behrens, Co-Chair of the Public Policy Practice Group at Shook, Hardy & Bacon LLP (Washington DC). In this interview, they discuss the Proposed Medical Monitoring Rule in the Restatement (Third) of Torts and how it could significantly impact case law on recoverable damages. The discussion centers around Mark’s journal article American Law Institute Proposes Controversial Medical Monitoring Rule in Final Part of Torts Restatement.
Listen now.