Alternative Litigation Strategies
25 episodes - English - Latest episode: 3 months ago - ★★★★★ - 1 ratingThe Alternative Litigation Strategies podcast features interviews with key leaders in the commercial litigation industry where guests discuss novel litigation and settlement strategies for complex litigation, including class action litigation.
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Episodes
Key Insights from Duane Morris’ Annual Class Action Review
April 17, 2024 13:36 - 24 minutes - 16.5 MBIn 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 comple...
What’s Cooking In Food And Beverage Class Action Litigation in 2024
January 30, 2024 16:26 - 26 minutes - 18.4 MBIf 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, ...
Avoiding and Managing U.S. Litigation Risks
January 08, 2024 15:31 - 40 minutes - 27.9 MBIn 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 avo...
Show Me The Funding! (…And Monetization and Insurance) – How Legal Departments and Law Firms Can Leverage Litigation Risk Transfer Solutions to Increase Profitability
November 29, 2023 15:29 - 24 minutes - 17 MBListen 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. ...
The New Fraud Phenomena in Class Action Settlement Administration
August 22, 2023 16:04 - 26 minutes - 17.9 MBClass 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.
What Funders and Lawyers Should Do (or Stop Doing!) to Be Better Dealmakers During Funding Discussions
July 20, 2023 15:57 - 24 minutes - 16.6 MBDon’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 achie...
BIPA Litigation Soars After Seminal IL Supreme Court Decisions
June 20, 2023 15:20 - 19 minutes - 13.5 MBIn 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.
Insights From the 12th Annual Carlton Fields Class Action Survey
April 17, 2023 16:37 - 32 minutes - 22.6 MBDon’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 fil...
Adding Value as In-House Counsel – Four Principles to Follow
March 08, 2023 15:58 - 42 minutes - 28.9 MBIn 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 wi...
The Murky Status of TCPA Standing in the 11th Circuit
February 02, 2023 16:34 - 26 minutes - 19.1 MBListen 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 questi...
About That First Florida Telephone Solicitation Act Class Action Settlement…
December 08, 2022 16:47 - 22 minutes - 15.7 MBListen 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'...
State Mini TCPA Laws – The New Frontier
November 30, 2022 19:31 - 24 minutes - 16.9 MBListen 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 compli...
Arbitration Clauses and Class Action Waivers – A Plaintiff’s Perspective
November 15, 2022 17:54 - 32 minutes - 22 MBListen 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.
The Renewed Focus on Bank-Fee Class Action Litigation
October 04, 2022 16:41 - 29 minutes - 20.8 MBDon’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.
Mamas, Don’t Let Your Babies Grow Up To Be Class Action Lawyers
September 21, 2022 20:17 - 28 minutes - 19.6 MBDon’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 cla...
Legal Wellness and Access to Justice with Your Lovable Lawyer – Danny Karon
August 17, 2022 14:48 - 37 minutes - 25.9 MBIn 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, Dann...
Five Mediation Mistakes That Create Obstacles to Settlement
August 03, 2022 14:12 - 28 minutes - 19.5 MBIn 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 accoun...
A Class Action Was Filed, Now What? – A 10 Point Response Plan
July 26, 2022 18:32 - 34 minutes - 23.9 MBIn 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.
The Recent Surge in Midwest Food Labeling Litigation
July 20, 2022 02:21 - 19 minutes - 13.7 MBIn 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.
TCPA Litigation Since Facebook – Where Are We Today?
March 24, 2022 16:54 - 23 minutes - 15.9 MBListen 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 spl...
The Surge of Litigation Against Food & Beverage Manufacturers
February 24, 2022 20:28 - 32 minutes - 22.1 MBDon’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 dispo...
Voiceprint and Facial Recognition Laws – Coming to a City Near You
November 01, 2021 14:18 - 25 minutes - 17.2 MBListen 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.
Developments in Biometric Information Privacy Laws
August 09, 2021 19:40 - 26 minutes - 18.3 MBIn 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.
The Impact of Facebook on TCPA Litigation and Settlements
May 24, 2021 14:41 - 23 minutes - 16.3 MBIn 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.
Trends in Advertising Class Action Litigation and Settlements
April 26, 2021 16:55 - 23 minutes - 16 MBIn 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.