Alternative Litigation Strategies

Settlement Counsel: A Unique and Powerful Asset to Control Litigation Risk. It was a great pleasure to speak with my latest guest, Mike Connery, a Partner in the Philadelphia office of the law firm Maron Marvel and leader of the firm's Settlement Counsel Practice Group. Mike is a trailblazer in redesigning the litigation risk landscape for clients by providing this innovative and transformative service. Don't miss this episode!

In this episode of the Alternative Litigation Strategies podcast, host Kevin Skrzysowski interviews Brian Beckcom, an AI expert, trial lawyer, and computer scientist, about the impact of artificial intelligence on the legal profession and beyond.  Brian, who leads VB Attorneys and has earned hundreds of millions of dollars for his clients, shares his insights on AI's evolution from the early 1990s to today.  He explains how modern AI, particularly self-learning neural networks, differ fundamentally from earlier technology. Kevin and Brian also discuss current practical applications of AI on the practice of law, including discovery requests, depositions, and brief writing, emphasizing that while AI can process vast amounts of information quickly, human judgment remains crucial in interpreting and applying that information. This episode also covers concerns about AI's potential to create misinformation and the challenges of regulating this rapidly evolving technology.

On Episode #30 of the Alternative Litigation Strategies podcast, host Kevin Skrzysowski sits down with author and technology evangelist W. Curtis Preston to discuss the latest eDiscovery challenges, strategies, and best practices for law firms and in-house legal departments.  Kevin and Curtis discuss what surprises lawyers the most about eDiscovery, the challenges of extracting backup information, the increasing complexity of dealing with mobile devices, and best practices for selecting and working with your eDiscovery provider. 

In the latest episode of Certum Group's podcast, Alternative Litigation Strategies, host Kevin Skrzysowski had the pleasure of speaking with Drs. Jaine and Bo Fraser of the Trial Psychology Institute.  You don't want to miss this episode to learn about the benefits of leveraging trial psychologists when you should engage with them, the critical importance of the research process, voir dire and opening statement phases, and how to turn your case into a winning story.   

In the latest episode of the Alternative Litigation Strategy Podcast, I had a fascinating discussion with Professor Tom Baker and Lecturer in Law, Will Marra, about their litigation finance course at the Penn Carey Law School.   We explored the history, economics, business practice, law, and social implications of this burgeoning field.  We discussed this new asset-class of investor backed litigation finance offered on a non-recourse basis which is transforming law firm behavior and client relationships.  Tom and Will stressed the importance of how the course weaves in lessons and experiences of the financial pressures of practicing law and how lawyers must work to not only meet the legal objectives of their clients, but their business and financial objectives as well.  Lastly, we discussed the importance of considering liability, damages and collectability when taking on a case and the critical importance of merging ones understanding of the business of law with the practice of law.   

You don't want to miss the 27th episode of the Alternative Litigation Strategies podcast where we discuss one of the most innovative and transformative legal technology platforms to hit the litigation marketplace in the last several years – Optimal Legal Audio (OLA).  In this episode Certum Group Director, Kevin Skrzysowski, interviews Adam Feldman, a lawyer, political scientist, professor, Supreme Court scholar, and creator of the Empirical SCOTUS Blog, and Badri Narasimhan, an engineer, serial technology entrepreneur, and all-around analytics wizard.  Adam and Badri discuss their latest invention - Optimal Legal Audio (OLA) – an artificial intelligent (AI) platform that performs audio and textual analysis of oral arguments to predict judicial decisions.  OLA analyzes elements such as word choice, word volume, tonal analysis, and interactions with the bench, to successfully predict votes in State courts, single judge trial courts, the U.S. Supreme Court and more.  OLA helps counsel by steering them in the right direction on specific interactions with judges or Justices allowing them to better inform their clients of potential case outcomes.  OLA is truly a game changer in Appellate Law.  

On this 26th episode of Alternative Litigation Strategies, Kevin speaks with one of Certum's Legal Directors, W. Tyler Perry, about leveraging litigation to advance your career – Here's a summary: back when law was a profession and not a business, landing a job at an established firm reasonably set you up for a long and fruitful career.  Firms had institutional clients.  Lateral moves among stable firms were rare.  And partners cared about mentoring the next generation because the next generation would pay for their retirement.  Those halcyon days are long gone.  Today, even the most profitable and prestigious firms suffer defections as partners search for the highest guaranteed dollar.  The corollary effects of this reality are legion, but one of the more interesting ones is that it has substantively increased the need for associates to take ownership of their careers at an increasingly early stage.  In this changing ecosystem, if you want to succeed, you need to be an entrepreneur.  And litigation finance can help. 

In the latest episode of Certum Group's podcast, Alternative Litigation Strategies, Kevin sits down with Jennifer Riley, a Partner and Vice Chair of Duane Morris' Class Action Group and General Editor of their annual Class Action Review.  The Duane Morris Review is a one-of-a-kind 650 page comprehensive analysis of class action litigation trends and significant rulings and settlements from 2023 designed to help corporate counsel and business leaders make informed decisions when facing complex litigation risks in the coming year.  Kevin and Jennifer discuss several of the overarching trends in class action litigation from last year, including: the continuing increase in number of case filings, record setting settlement amounts, the surge in data breach and privacy matters, and how generative AI will transform class action litigation.  You don't want to miss this episode!

If you handle advertising litigation you don't want to miss this episode of Alternative Litigation Strategies!  In the latest show Kevin interviews litigation Partner, Tyler Young from Faegre Drinker.  Tyler defends food, beverage, and consumer packaged goods companies in consumer fraud class actions and complex litigation across the country.  Kevin and Tyler discuss some of the mostly hotly anticipated litigation in this arena for 2024, including; the new version of “all natural” lawsuits, heavy metal and PFAS cases, geographic origin claims, and recycling and recyclability litigation.  It's sure to be a busy year in food, beverage, and consumer packaged goods class action litigation!

In this episode of Alternative Litigation Strategies, Certum Group's Kevin Skrzysowski speaks with Dorsey & Whitney litigation partner, podcast host, and author, Kent Schmidt, about his recently released book, Avoiding and Managing U.S. Litigation Risks: A Comprehensive Guide for Business Owners and the Attorneys Who Advise Them.  Kevin and Kent discuss his system, “The Five-C's”, to help companies better understand the sources of commercial litigation, implement preventative measures to avoid it, and the most effective techniques for managing litigation when it strikes.  These include: Corporate governance, Contract disputes, Customer Claims, Competitors, and Crewmembers.  Get your copy from Amazon today!

Listen to the latest episode of Alternative Litigation Strategies for practical step-by-step guidance on how in-house legal departments and large law firms can increase profitability through litigation risk transfer solutions. In this episode, Kevin interviews DLA Piper Partner, Vincent Montalto. Kevin and Vinny discuss how in-house legal departments can create and leverage litigation funding and claim monetization programs to transform their departments from cost centers to profit centers. They discuss how to build out these programs, identify potential claims, vet commercial concerns against economic gains, and build a coalition and culture of support among the C-suite and the rest of the business. They also discuss how law firms can increase profitability by building affirmative claims programs and maximizing financial arrangements with clients by looking to the markets for capital to fund cases and third-party carriers for contingent litigation risk insurance and judgment preservation insurance. 

Class action claims administration is currently threatened by unprecedented fraud. Over the past year digital fraud from foreign agents, chat bots, GPT software, and other sources have wreaked havoc on settlement administration. Listen to the latest episode of the Alternative Litigation Strategies podcast where Kevin Skrzysowski interviews Jim Prutsman, a Senior Director at Kroll Settlement Administration, on ways to identify and combat these pervasive threats. 

Don't miss the latest episode of the Alternative Litigation Strategies podcast featuring Rebecca Berrebi, the Founder and CEO of the litigation finance consulting firm, Avenue 33, and Kirstine Rogers and Kevin Skrzysowski from Certum Group. In this program, Rebecca shares keen insights on how all parties to a financing transaction can become better dealmakers.  Listen now to learn about the importance of understanding what motivates all parties to a transaction and how you can actually achieve better deal economics by putting yourself in the shoes of the party on the other side of the table.

In Episode #19 of Alternative Litigation Strategies, Kevin speaks with Ken Suh from Locke Lord on the surge in BIPA litigation since the Black Horse Carriers and White Castle IL Supreme Court decisions, potential ramifications given the statutory penalties, whether these penalties are mandatory or discretionary, the impact on future individual and class-wide settlements, and guidance to remain BIPA compliant and avoid potential litigation. 

Don't miss Episode 18 of Certum Group's podcast, Alternative Litigation Strategies, where Kevin Skrzysowski interviews Jack Clabby, a Shareholder at the law firm Carlton Fields, and Co-Director of the firm's annual Class Action Survey, now in its 12th year of publication. Kevin and Jack review all of the valuable class action litigation and settlement trends and strategies from the past year, including: aggregate spending on class litigation, growing and emerging practice areas, new case filing volume, individual vs. class-wide settlements, the proliferation of claims-made settlements, the decline in cy pres distributions, defense strategies, arbitration provisions, class action waivers, and much more…

In Episode 17 of Certum Group's podcast, Alternative Litigation Strategies, Kevin Skrzysowski interviews Jason Karp, a Partner with Outside GC LLC, a firm providing on-demand outside general counsel legal services. Kevin and Jason discuss the four main principles in-house attorneys should follow to add value to their organizations, including: know your client's business, understand the real questions being asked, stop saying “No”, and take on more risk. Jason's ideas flip the conventional wisdom that many of today's in-house practitioners follow, and provide creative, outside-of-the-box solutions that make in-house departments more accretive to their companies.

Listen to Episode 16 of Certum Group's (FKA Risk Settlements') podcast, Alternative Litigation Strategies, to hear Aaron Weiss and Charles Throckmorton, Shareholders at Carlton Fields, take a deep dive into the status of Article III standing in TCPA cases in the 11th Circuit. Aaron and Charles provide a masterclass in the nuances of the Florence, Salcedo, Cordoba, and Glasser decisions which address different subparts of the TCPA, their impact on cases filed under the FTSA, critical questions that were left unresolved by the Court, and predictions on the future of TCPA and FTSA filings in the 11th Circuit. 

Listen to Episode 15 of Risk Settlements' podcast, Alternative Litigation Strategies, to hear Dan Blynn, a Partner at Venable LLP, take a deep dive into Alvarez v. Sunshine Life & Health Advisors, the first FTSA case to settle on a class-wide basis.  Kevin and Dan examine the avalanche of litigation under the FTSA, trending decisions on dispositive motions in these cases, the many unique nuances of the Alvarez settlement, and predictions on future settlements under the FTSA and other states' “mini-TCPA” cases. 

Listen to Episode #14 of Risk Settlements' podcast, Alternative Litigation Strategies, as Kevin Skrzysowski interviews Alex Krasovec, a Partner at Manatt, Phelps and Phillips on the proliferation of state “Mini-TCPA” laws around the country.  Kevin and Alex discuss why states are now getting into the mix, which states have mini-TCPA laws on the books, how these laws differ from the federal statute, and what guidance and advice should be given to sales and marketing companies to remain compliant and avoid potential litigation. 

Listen now to take a deep dive into a discussion on arbitration clauses and class action waivers as Kevin interviews Sophia Gold of Kaliel Gold. Kevin and Sophia discuss threshold issues for arbitration, motions to compel and defenses against them, the impact of arbitration clauses on companies, consumers, and employees, the pros and cons of arbitration vs. litigation, recent court decisions and newly promulgated statutes. 

Don't miss the latest episode of Alternative Litigation Strategies as Kevin interviews Katten Class Action Partner, Stu Richter, on overdraft litigation and its impact on banks, credit unions, and other financial institutions.  Kevin and Stu discuss filing trends, effective defenses, dispositive motion strategies, settlement and trial considerations, copycat lawsuits, class action settlement insurance, arbitration agreements, and best practices for businesses to avoid litigation. 

Don't miss the latest episode of the Alternative Litigation Strategies podcast as Kevin interviews Fred Burnside, a Partner with the law firm Davis, Wright and Tremaine. Kevin and Fred discuss the biggest changes and challenges to the practice of class action litigation over the last several years. The two discuss changes in fee structures, fix fees by phase, spending trends, increases in litigation volume, case strategy and bet the company litigation, best settlement practices including class action settlement insurance, and great advice for young litigators who are just starting out.   

In Episode 10 of our podcast, Kevin interviews Danny Karon, a class action attorney, Chair of the ABA National Institute of Class Actions, professor, prolific author, and now the founder of the legal wellness movement and creator of the YouTube channel 'Your Lovable Lawyer.' Kevin and Danny discuss the societal bias to access to justice where people who need justice the most often get it the least, leading to his creation of Your Lovable Lawyer.  Through his website and YouTube channel, Danny encourages people to take control of their legal health through his clear, easy-to-understand informational videos about common, everyday legal problems that empower you to improve your legal wellness.  Through his informational videos, Danny makes justice more accessible by providing legal information to people who don't know, can't find or can't pay for lawyers. 

In Episode 9 of the Alternative Litigation Strategies podcast, Kevin interviews Rachel Gupta, an independent mediator and arbitrator. Rachel is the Founder and Principal at Gupta Dispute Resolutions and a JAMS Diversity Fellow. Kevin and Rachel discuss the most critical behaviors parties to ADR should avoid in order to achieve a successful resolution and tackle additional issues such as: anchoring too high or too low, failing to adequately prepare (your clients) for the mediation, not accounting for compound risks, making premature ultimatums, and simply being overly litigious.

In Episode #8 of the Alternative Litigation Strategies podcast, Kevin Skrzysowski interviews David Yeagley, a Partner and Trial Lawyer with the law firm Ulmer and Berne. Kevin and David discuss a comprehensive strategy for companies to follow after being served with a class action lawsuit. They dive into issues ranging from initial assessment, insurance and jurisdiction considerations, and defense strategy to discovery issues, expert witnesses, exit strategies, collateral risks and more.    

In Episode 7 of the Alternative Litigation Strategies podcast, Kevin interviews John Zabriskie, a Partner and Trial Lawyer with the law firm Foley & Lardner.  Kevin and John discuss the proliferation of food mislabeling cases throughout the Midwest, the common causes of action, nuances among state laws of IL, CA and NY, the future of “flavoring” cases, and best practices for companies to follow to avoid advertising litigation going forward. 

Listen to Risk Settlements' latest podcast where Kevin Skrzysowski interviews Tery Gonsalves, a Partner and trial lawyer with the law firm Alston & Bird. Kevin and Tery look back on last year's landmark Supreme Court decision in Facebook and its impact on TCPA litigation, including Tery's winning Motion for Summary Judgment in Johansen v. Efinancial. The two discuss how to successfully raise the TCPA's safe harbor provision as a defense to alleged DNC list violations, how the courts have split on the meaning of obtaining express prior written consent, the ongoing risks of using ATDS and RoSNG technology, and the best practices for remaining in compliance with the TCPA as it stands today.  

Don't miss the latest episode as Sascha Henry and Christopher Van Gundy, Partners at the law firm, Sheppard Mullin, and Co-Chairs of the 6th annual Food Law Conference, join Risk Settlements Director, Kevin Skrzysowski, for a robust discussion of the most impactful litigation trends in this industry today.  Listen now as they discuss the biggest threats food companies are currently facing, the science and substantiation behind health-related claims, lessons from the Covid pandemic, and dispositive motion, trial and settlement strategies.

Listen to the latest episode as Kevin interviews David Oberly – lawyer, author, and biometric information thought leader – as the two discuss groundbreaking municipal laws governing cutting-edge, voice-powered and facial recognition technology and their impact on commercial establishments. 

In the latest episode of the Alternative Litigation Strategies podcast, Director, Kevin Skrzysowski, is joined by Christopher Ward, labor and employment Partner at the law firm Foley & Lardner.  The two discuss the current state of the Illinois BIPA, the developing landscape of private rights of action in other states, recent notable settlements, dispositive motion litigation strategies, and best practices to ensure that businesses are in compliance with current and future laws.   

In the latest episode of the Alternative Litigation Strategies podcast, Risk Settlements' National Director, Kevin Skrzysowski, is joined by Richik Sarkar, commercial litigation Partner at the law firm Dinsmore & Shohl. The two discuss the impact of the recent SCOTUS Facebook decision, subsequent filing trends and ways to mitigate risk in TCPA class action litigation and settlements.

In the first episode of the Alternative Litigation Strategies podcast, Risk Settlements' National Director Kevin Skrzyowski is joined by Roger Colaizzi, Partner in Venable's Washington D.C. office and Chair of Venable's National Advertising Litigation Group. The two discuss trends in advertising class action litigation and settlements.