Speaking of Litigation Podcast

About Speaking of Litigation Podcast

For executives and in-house counsel—before, during, and after a dispute. No business likes litigation, but almost every business faces it. Speaking of Litigation® delivers practical intelligence to make better decisions when it matters most. Part of the Epstein Becker Green Insights Network.

Publisher

Epstein Becker Green

Category

business · business

Language

en

Explicit

No

First episode

17 May 2023

Latest episode

20 Oct 2026

Latest episodes

28 episodes in the feed.

1. 

   20 Oct 2026

   Restrictive Covenants in M&A: Why the Sale-of-Business Label Isn't Enough

   What General Counsel and Business Leaders Need to Know: Sale-of-Business Label Is Not Enough: Courts generally give sale-of-business covenants more leeway than employment non-competes, but state law varies, and the label alone does not decide enforceability. A buyer should be able to explain how the restriction's scope, duration, and geographic reach protect the business and goodwill it purchased. Where Courts Draw the Line: Recent Delaware and California cases show that courts are examining whether a restriction reaches beyond the business and goodwill the buyer actually purchased or functions more like a post-employment restraint on the seller. Litigators Belong at the Deal Table: Litigation counsel can help transactional attorneys spot overreach and anticipate the questions a judge will ask before a deal closes. Ideally, covenants should be discussed at the letter-of-intent stage, not the night before signing. In this episode of Speaking of Litigation®, Epstein Becker Green attorneys James (Jim) P. Flynn, Maurice Wells, and Kaci Hohmann discuss how courts are scrutinizing restrictive covenants in merger and acquisition (M&A) transactions, and how litigation and transactional attorneys can work together to draft and enforce those covenants. - Visit our site for related resources and email contact information: https://www.ebglaw.com/split27 (https://www.ebglaw.com/split27). Subscribe for email notifications: https://www.ebglaw.com/subscribe. Visit https://www.speakingoflitigation.com/. - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

2. 

   6 Oct 2026

   Regulatory Landmines in Health Care Litigation: PHI, Kickback, and Corporate Structure Risks

   What General Counsel and Business Leaders Need to Know: Protected Health Information (PHI) in Discovery: PHI must be produced under specific protective orders and in line with both federal and state requirements. Some behavioral health documents require a court order before production, even with a protective order in place. Settlements and Kickback Risk: Settlements with a regulated health care party can raise Anti-Kickback Statute and Stark Law concerns, and a payment to a referral-source physician can be questioned if it overpays the physician to keep referrals coming. Third-party evaluations of settlement value have been used to avoid later improper-payment allegations. Corporate Practice of Medicine: In most states, corporations and hospitals cannot direct how doctors practice. A damage model relying on relationships that violate these rules or other state-law structural issues can fail and create unintended consequences in public filings. In this episode of Speaking of Litigation®, Epstein Becker Green attorneys Jonathan Brollier, Charles E. Weir, and Megan Thibert-Ind discuss regulatory and business issues unique to the health care industry that can affect how cases are litigated and resolved. - Visit our site for related resources and email contact information: https://www.ebglaw.com/split26 (https://www.ebglaw.com/split26). Subscribe for email notifications: https://www.ebglaw.com/subscribe. Visit https://www.speakingoflitigation.com/. - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

3. 

   1 Sept 2026

   AI, Privilege, and Discovery: Risks In-House Counsel Face

   What General Counsel and Business Leaders Need to Know: Open-Source AI Puts Privilege at Risk: Communications with open-source artificial intelligence (AI) platforms lack the attorney involvement and confidentiality that privilege requires. Courts are ordering the disclosure of both prompts and outputs when these elements aren't satisfied, as the exchanges are with non-attorney third parties rather than counsel. AI Creates a False Sense of Confidentiality: While AI interfaces may appear closed to the company's own system, information typed into open platforms is used to train the AI itself, creating a false sense of confidentiality. Unsupervised employee use is a big risk. Early Counsel Involvement Is Essential: Counsel should supervise and direct the use of AI tools, and closed or enterprise-level systems should be deployed instead of open platforms. In-house counsel's early involvement is vital to establishing privilege protection when disputes are reasonably foreseeable, since attempting to claim privilege after information is already created is ineffective. In this episode of Speaking of Litigation®, Epstein Becker Green attorneys Gianna Costello, Daniel J. Dwyer, and Adam Paine analyze how courts are applying the traditional attorney-client privilege and work product doctrine to AI-generated materials and communications, and address the practical steps in-house counsel must take when employees are using AI in litigation-related work. - Visit our site for related resources and email contact information: https://www.ebglaw.com/split25 (https://www.ebglaw.com/split25). Subscribe for email notifications: https://www.ebglaw.com/subscribe. Visit https://www.speakingoflitigation.com/. - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. SPEAKING OF LITIGATION® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

Reach and audience

Public platform figures. Ratings count people who left a rating, not total listeners.

Apple Podcasts (US)

5.0 / 5

6 ratings

Spotify

5.0 / 5

1 ratings

Podcast Authority Score: 35 / 100

A composite of feed quality, social presence, YouTube performance and engagement. Read the methodology.

Quality

46

Social presence

0

YouTube

0

Engagement

60

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Guest appearances

Books guests

Based on episode analysis; this does not confirm that the show is currently accepting guests.