Mass Torts Litigation


Learn while you’re on the go. Listen to the Mass Torts Litigation Committee’s audio recordings on this archive page.

Sound Advice

Personal versus Professional Ethics
By Kasey Adams – November 7, 2019
In this Sound Advice, Kasey Adams poses several questions of the listener regarding ethical requirements in the practice of law, specifically assessing Personal Ethics versus Professional Ethics - and whether they are, or should be, the same. (12:59 min)

Tips for Client Relations
By Edward Gaus – August 30, 2019
In this Sound Advice, Edward Gaus will provide insight and tips to help aid young lawyers in navigating the world of client relations. (9:02 min)

Cross Border Tort Litigation
By Paul Majkowski – August 29, 2019
In this program, Paul Majkowski addresses issues and challenges in representing or coordinating the representation of a U.S. client in a foreign tort litigation, including balancing the U.S. strategy with the foreign legal system. (12:14 min)

Mindfulness and Mental Health Tips for Lawyers in 2019
By David Schwan – March 31, 2019
This Sound Advice covers five simple ways to improve your mental health as a practicing attorney, with specific tips centered around the benefits of mindfulness, the buzzword of our day. (11:52 min)

To Climb or Not to Climb
By Kasey Mitchell Adams – March 18, 2019
This Sound Advice discusses business development tips and tricks for young lawyers—how to "put yourself out there" without being a nuisance. (10:30 min)

The Transition from Clerking to Private Practice
By Christy Boardman – February 25, 2019
This Sound Advice is a brief discussion on adjusting to a few differences between being a law clerk and being an associate in private practice. (6:52 min)

Six Tips for Effective Communication with In-House Counsel
By David Schwan – November 25, 2018
David Schwan, an in-house attorney for 4 years, shares his thoughts on six strategies for improving your communication with in-house counsel through efficient yet valuable means for your client's legal and business needs. (12:17 min.)

Pro Bono Tips
By Edward Gaus – October 19, 2018
This is a short segment meant to provide young attorneys with some tips for handling their first pro bono matter. (8:46 min)

Attorney-Client Privilege Tips for Dealing with Corporate Employees
By David Schwan – May 1, 2018
This is a primer on the privilege and dealing with employees at companies who may not fully understand best practices in handling privileged communications. David Schwan provides tips he learned as an in-house counsel in helping non-attorneys understand the privilege to help them and your corporate client.

Getting Involved with the Field of Mass Torts
Mass torts is defined as many people injured by the same product, where the cases are congregated in multidistrict litigation. The emphasis is on what type of work the new lawyer might do in a firm defending a mass tort case, but also covers the work from a plaintiff’s standpoint. This talk encourages lawyers to go into this field of law.

The Importance of Diversity & Inclusion in the Law Profession
A discussion of diversity and Inclusion, including ABA Resolution 113, the Model Diversity Survey, the September 2016 general counsel's letter and its impact and importance.

Cybersecurity and Mass Tort Firms
Max Herman reviews the state of cybersecurity at mass tort firms and offers suggestions as to help project such information in the future.

Most Favored Nation Clauses and the Multi-Litigant Settlement Curve
Although originally used in international treaties – most favored nation clauses or MFN’s are becoming more popular in many contractual agreements including between buyers and sellers in Mass Torts Litigation.  Listen as Max Herman explains the benefits of MFN’s and how settlement curves are effected by them.

Identifying and Defending a Claim of Educational Malpractice
Litigator Donnie Winningham discusses outlines reason why educational malpractice claims are rejected and how to best defend them. (10:30 min)

Simple Best Practice in Managing E-Discovery
Via a discussion of the Fair Standards Labor Act of 1938, Kevin O’Connor describes how the single employer theory is a real threat to employers and employees who use employees on different job sites.

Bellwether Clients in Mass Torts Litigation
If you are involved in multidistrict litigation you may already know about “Bellwether Clients”, but if not listen to Eric Hudson as he discusses what they are and if are actually helpful or not to your case.

Overview of U.S. Trade Sanctions
Veteran litigator Douglas Maag details how U.S. economic and trade sanctions can affect the handling of mass-tort claims. (8:13 min)

Exhibit Management in Mass Torts Cases
Kristin Beckman explains that by focusing your strategy on the burden of proof, you can limit the scope of exhibits, leading to a more manageable and focused case. (06:22 min)

New Case Law Regarding Admissibility of Expert Testimony in California
In June 2016, the California Supreme Court issued a decision in People v. Sanchez that drastically alters the landscape related to the admissibility of expert witness testimony, particularly as it relates to expert testimony regarding hearsay statements. Karen Woodward walks us through the decision.

Litigating General Causation First in Mass Tort Litigation
An exploration of this trending defense strategy in mass tort cases.

Ethics and the In-House Lawyer
David Schwan discusses conflicts, privilege, and confidentiality issues from the in-house perspective. (9:59 min)

Marketing Your Practice Through LinkedIn
Courtney Ward-Reichard outlines some of the best practices for using your LinkedIn profile to help market yourself while not violating any ethical standards. (09:41 min)

Court Appointed Special Advocates Program (CASA)
Working on pro bono cases has many benefits for the attorney involved. Karen Woodward shares how working as a CASA has impacted her personally and professionally. (05:27 min)


Bracing for Potential Changes to the MDL Statute
In February 2017, the U.S. House of Representatives passed HR 985, a bill containing amendments to the MDL statute that will significantly impact the way mass tort matters are litigated. Other changes to the MDL statute have also been proposed. This Roundtable will review the pending legislation and debate the pros and cons of the proposed amendments and additional changes, from the perspective of both sides of the bar.