One of the nations leading experts on the taxation of damages is Attorney Robert Wood of the firm, Wood Porter of San Francisco, CA and he joins Mark Wahlstrom and Scott Drake on Speaking of Settlements this week to discuss his recent article in the Journal of Tax practices and Procedure on the use of 468b trusts. 

As regular readers and listeners to The Legal Broadcast Network and The Settlement Channel know, 468b trusts, also know as qualified settlement funds, are one of the single most useful and powerful tools for the management of multi-claimant/multi-defendant litigation. They provide a safe harbor during the management and prosecution of a case into which funds can be received by defendants at various times and amounts, with out taxable receipt by the attorney or the plaintiffs in the case. This allows for a rational, transparent process by which legal fees are paid, expenses are paid, government benefits or liens calculated and accounted for, structured annuities purchased and funded along with other substantial benefits. 

However, as these gain in popularity and awareness in the trial practices of leading attorneys, the potential for mistakes or over reaching as to their use looms large and that is the focus of these articles and this two part podcast. Rob and Mark discuss how lawyers can avoid mistakes in the creation of these trusts in the first place, but in the article and podcast they also review the process by which a code sec. 468b trust for a lawyers trust account can potentially be established even after receiving settlement proceeds. This is a very technical area and one that attorneys or settlement professionals should tread carefully in, and only with top quality tax counsel that knows exactly what they are doing.

If you or your firm are considering the use of a 468b trust, or possibly have received funds in a recent case that you think might have been better served by the process of electing status of a 468b trust, then you should listen to these two podcasts or go to Rob Wood's site where you can access the complete articles.

You can listen to the first podcast on 468b trusts by clicking here.

You can listen to the second follow up podcast on 468b trusts by clicking here. 

In today's Speaking of Justice, the daily legal broadcast and interview segment featured exclusively on The Legal Broadcast Network, one of the most acclaimed and widely read authors in the world, John Grisham,  joins Scott Drake for a conversation that is somewhat of a departure from his standard "book tour" interview. 

John Grisham spends a good part of his time with us talking about his support for Hillary Clinton's run for the Presidency, his long friendship with the Clinton's and his views as to why he feels she is the strongest candidate to lead the Democratic Party to victory in November. As most of his fan's know, and even others who might not have read his books but who have seen the movie adaptations, Grisham is a former trial lawyer himself, a man who ran for political office back before his writing career took off, and his thoughts on exactly why he believes so strongly in her candidacy should be of interest to his fans, and to political types who are fascinated with the epic electoral battle between Hillary Clinton and Barrack Obama.

John Grisham doesn't grant a lot of interviews and we are pleased he took the time to join The Legal Broadcast Network for this enjoyable and revealing conversation where fan's of the author of such best sellers as The Appeal,  The Innocent Man, The Broker, The Last Juror, The King of Torts and The Client, can get a glimpse into the political beliefs and theories of this intriguing author.

While LBN doesn't cover politics on a regular basis, we definitely discuss political issues, the views of trial lawyers and opinion makers in the law, and this is a really enjoyable, insightful podcast that will appeal to Democrats who are looking at the choice between Hillary Clinton and Barrack Obama and are interested why John Grisham is convinced that Hillary Clinton is the best choice for her party. He also discusses why the idea of a Clinton/Obama ticket doesn't look like a winner in his eyes and the importance of a candidate having been in the arena and tested the way Hillary Clinton has so they are fully able to compete in a national campaign in November. Just a really solid podcast.

You can listen to the entire podcast with John Grisham by clicking here.

Or you can go to the audio player at the bottom of this post which links to the Speaking of Justice video archive and listen to the entire John Grisham interview by clicking the player.  

Also, if you want to know more about John Grisham, you can click this link and go to his official page at Random House which has all of his books, his bio and other information you might want on this author.

These interviews and the expanded coverage you are seeing from The Legal Broadcast Network are just the "toe in the water" of what is going to be a dramatic expansion over the next few months to a full video, daily broadcast platform with radio podcasts, video news and interviews ,as well as in depth writing and discussion for attorney's , law students, judges and others intrigued by the law. Also, don't forget to check out our beta test page for Speaking of Justice, the new social/professional network for attorneys that will feature all of our video, audio, blog posts, discussion boards and social networks. Just one more tool for you to use being brought to you by The Legal Broadcast Network.  

John Grisham Podcast

In today's Speaking of Justice, Scott Drake is joined by nationally respected Attorney Kathleen Wu of the firm Andrews and Kurth. Attorney Wu was recently featured in the Wall Street Journal as well as the Texas Lawyer discussing "What women lawyers can learn from Hillary", an opinion piece from a top flight attorney who has developed an impressive reputation both locally in Texas as well as nationally in the area of real estate law. 

One of the areas of interest to attorney's nationally, particularly women attorney's, is the ability to learn from and be mentored by other lawyers who have risen to a level of prominence. Kathleen in her article as well as this featured podcast on The Legal Broadcast Network uses Senator and former first Lady Hillary Clinton as an object lesson for women lawyers as to the pit falls that await women attorney's in particular.

What we at LBN particularly like about this podcast, and the accompanying article in Texas Lawyer that you can access by clicking here, is that Kathleen makes no apologies for being tough on herself and associates and in one section advises women attorney's to get a thicker skin, and in another to never under estimate your opponent. This is a really solid podcast and has interest far beyond just "women legal issues" but is an insightful analysis by an attorney who has walked the walk of building a dynamic and successful legal career and has value advice for law students, young lawyers and others looking to build a career and a practice.

You can learn more about Attorney Kathleen Wu by clicking here at her site at Andrews Kurth or by linking to her article in Texas Lawyer by clicking here.

The Wall Street Journal link is available here.  

The full podcast is available by clicking this link or by going to Speaking of Justice and looking for audio podcasts.  Just a reminder that Speaking of Justice's new social multi-media web site is now actively in beta test stage, is open for anyone to join and will be formally launched in 10 days.  

You saw him on Fox news last night, joined by Sean Hannity, to discuss his recent book, " How can you defend those people." However, the Legal Broadcast Network and Scott Drake talked to him first in our interview last week with nationally renown trial lawyer, Mickey Sherman. You've seen him on Court TV, Fox News, CNN, MSNBC and just about every law show or commentary and now you can listen to him on LBN.

In our daily broadcast on Speaking of Justice, we were joined last week by Mickey Sherman to discuss in greater detail his recent book, " How can you defend those people?", a look at his life as one of the nations most high profile criminal defense attorneys.  As his book jacket and review says " In the tradition of true crime bestsellers by Alan Dershowitz and Dominick Dunne, Mickey Sherman delivers a powerful and extraordinarily candid account of his legal career that gives the readers an all-access backstage pass to not only the sausage factory that is the criminal justice system but the “big cases” we have all lived with on TV. "

Speaking of Justice host Scott Drake gets a deeper look at the issue of how criminal defense attorney's need to view their professional and ethical responsibilities, as well as attempt to educate the public on the constitutional right every citizen has to a vigorous and powerful defense. If you are a fan of legal issues, a practicing trial or defense attorney or a law student this well written book is going to be of value to you. 

Listen in to our podcast with famed criminal defense Attorney Mickey Sherman and learn "how he can defend those people" and the crucial role a defense attorney plays in our legal system.

You may also purchase his book on Amazon by click this link. We encourage you to purchase it for yourself or for the next person who asks why "criminals" are entitled to a vigorous defense.  

This podcast is a further example of the kind of authors, legal experts and commentators you can expect to find every day on The Legal Broadcast Network and our daily audio show, "Speaking of Justice". In the next few weeks you will witness our transformation to a daily video show as well, capitalizing on our recent expansion and the acquisition of the people and talent necessary to evolve LBN into the daily watering hole for lawyers of all types, practices and areas of interest.

If you have a guest, a topic or material you'd like to see us cover on Speaking of Justice, drop us a note or call our studio and we will be happy to get them on the air.  

In yet another indictment, both literally and figuratively, of the legal profession Attorney Mel Weiss, one of the pioneers of class action litigation and legal practice, pled guilty last week to charges that his firm had for years been paying illegal kickbacks to lead plaintiffs in class action cases.  Additional charges related to attempting to cover up the payments to investigators also hung over his head and he now joins his former associate William Lerach and "The King of Torts" Dickie Scruggs as three of the most shameful cases of trial lawyer malfeasance.

In today's Speaking of Justice, Scott Drake and Jan Schlichtmann discuss the career of Mel Weiss, who truly was one of the pioneers of mass tort litigation and for decades was at the pinnacle of his profession. Much like Eliot Spitzer, the class action attorney's took on Wall Street and over the years the enmity between the CEO's and shareholders of big public companies and the mass tort bar was ongoing.

Take a few minutes and listen in to this analysis of the fall of Mel Weiss and the lessons it holds for trial lawyers nationally in this edition of Speaking of Justice.  

What is going on, what has been going on, that drives these men of extreme talent and ability to make such fundamentally flaw decisions and destroy their reputations and legal practices. Jan discusses what might drive these prominent lawyers to this destructive end and how attorney's must be vigilant to constantly look in the mirror and determine if they are serving their clients, or if their practices as designed to serve themselves instead.  

In today's edition of Speaking of Justice, Scott Drake is joined by one of the nations leading experts in the area of HRT ( Hormone Replacement Therapy ) litigation, Attorney Zoe Littlepage of the firm, Littlepage Booth in Houston, TX. 

Zoe has been in the headlines for well over a year in this intriguing area of pharmaceutical litigation, first with her appointment in 2003 as the lead counsel in Prempro litigation and more recently as a result of the  landmark verdict last year in Reno, NV  where she obtained a verdict of $134 million for three plaintiffs. This case was recently reduced by the trial judge to just over $50 million, but coupled with another major verdict that another legal team recently brought home in Arkansas that was also in excess of $25 million, it is readily apparent that when HRT or Prempro cases reach a jury or get a full trial that the evidence is not only compelling but that record punitive awards are being brought in as well.

Zoe Littlepage, a frequent guest and commentator here on LBN,  spends a few minutes with Scott Drake to update our listeners and readers on the status of HRT litigation, what cases are pending and the events of the last few months.

You can listen to the entire podcast by clicking here and get up todate on HRT litigation with the nations leading expert, Attorney Zoe Littlepage.

Frequent guest and contributor, Attorney Jim Orr of the Dallas, TX based Heygood, Orr, Reyes, Pearson and Bartolomei firm, joins Speaking of Justice host Scott Drake to discuss the recent recall of a generic based copy of the Duragesic patch.  The product defect recall by Actavis Inc, the U.S based arm of the international drug manufacturing company Actavis Group hf, is important to note in that it is a total recall of ALL patches manufactured during significant time frame.

You may link to the FDA press release on the recall with all the lot and information numbers by clicking here.  

As listeners to LBN know, we have been following the Duragesic/Fentanyl patch litigation and recalls closely, including some video and audio podcasts with Jim Orr in the past. Important news in this particular podcasts covers the scope of the recall of the generic fentanyl patch, updates on the depositions that have recently been taken with the inventor/designer of the patch and further discussion of the manufacturing defect known as a fold over defect that dramatically increases the chances of leaks in the patch. If you are an attorney investigating or looking to get involved in Fentanyl patch litigation you should listen in to this podcast with Jim Orr, one of the nations leading experts in Duragesic or Fentanyl patch liability cases.

Click here to listen to the entire podcast with Attorney Jim Orr on the recall of the Actavis generic Fentanyl patch. 

Late last week the Dean of the Washington and Lee University Law School announced a revolutionary change in how the highly esteemed law school would approach the third year of law school. Today on Speaking of Justice the man charged with developing this innovative new approach to legal education work, Dean Rodney A. Smolla, joins host Scott Drake to discuss just how this decision was made and what this highly regarded law school hopes to provide it's students through this intriguing change in 3L.

Click here to listen to the podcast of Dean Smolla on Speaking of Justice. 

The new third-year curriculum, approved unanimously by the Law School faculty, will be entirely experiential in nature. Traditional classroom instruction will be replaced by practice simulations, real-client interactions and the development of law practice skills. These project simulations will span the array of traditional legal subject matter, including transactional areas such as banking and corporate finance that have often been overlooked in the hands-on offerings of traditional law school curriculums. Also, the Law School's existing clinics and externship programs will be modestly expanded. All third-year students will be required to obtain a Virginia practice certificate and participate in at least one real-client experience during the year.

Legal education has been immersed in tradition and methodology that has remained largely unchanged for decades, if not hundreds of years, so this innovative departure is currently the talk of the legal world. Washington and Lee is considered one of the nation's finest law firms with a star studded list of alumni. Additionally Dean Smolla is regarded by many in the world of legal education as one of its leading innovators, with a reputation as a scholar, teacher, advocate and writer. His wide ranging scholarship includes a case book on the First Amendment, four legal treatises and many article in the nations top law reviews, in fact winning the ABA Silver Gavel Award and the William O. Douglass Award. Rodney Smolla is one of the nations leading legal scholars on first amendment issues and with this recent move now sure to be viewed nationally as one of the innovators in legal education, LBN is pleased to offer this podcast to it's listeners who want to know more about Washington and Lee, or who wish to learn more about Dean Smolla.

Listen to the entire podcast interview of Dean Rodney Smolla of Washington and Lee by clicking here.  

In today's Speaking of Justice, Attorney Jan Schlichtmann and host Scott Drake discuss the provocative article of March 16th, 2008 in the Sunday New York Times entitled "Supreme Court, Inc. ".  This article is available for you read and review by clicking here.

Authored by noted George Washington University law professor Jeffrey Rosen, this is a fascinating analysis and review of the shifting role of the U.S. Supreme Court over the last ten years as it has become decidedly  pro-business in it's tilt as more and more conservative justices have been confirmed during the last 24 years. In the latest term 13 of 15 cases involving business issues the court sided with business, a stunning turn around in results and rulings.  If you haven't read this article yet we strongly urge you to take the time to do so today.

For a full review and analysis on the conclusions of this thoughtful article you can click here to listen to Jan Schlichtmann look at the root causes of the pro-business tilt and the prospects for change any time soon.  

In an extended piece of commentary, this weeks featured guest on Speaking of Justice-Weekend edition, the Legal Broadcast Network's showcase of the nations top lawyers, is Attorney Billy Murphy. Known nationally as one of the premier criminal defense attorney's practicing law today, Attorney Murphy is also recognized as one of the most passionate advocates of civil liberties and an astute commentator on the legal scene. 

This podcast interview with Scott Drake of LBN and Billy Murphy took place a few days after the resignation of N.Y. Governor and former Attorney General Eliot Spitzer as a result of his being exposed in an online prostitution ring. Unlike most of the media coverage that was gloating, sarcastic and focusing on the lurid elements of the hooker with whom he had the liaison, this extended podcast looks at the cost of this resignation to the people and taxpayers of New York.  If you are looking for thoughtful, provocative and unvarnished analysis of what this spectacle was really all about, you absolutely want to listen to this podcast with Billy Murphy. While Governor Spitzer certainly visited this personal tragedy upon himself through his actions, Billy looks at the larger issues of what exactly has become of the American concept of privacy in a world where banks are required by FINRA and other federal agencies to report cash flows as small as a few thousand dollars on the pretext of looking for terrorists and drug dealers, but instead turn the enforcement arm of the US Justice system on citizens engaged in behaviors that are typically misdemeanors.

This is a fascinating and engaging conversation and if you are tired of the tabloid TV coverage on Eliot Spitzer you will want to listen to this podcast from start to finish.

A member of the Board of Governors of the Maryland Trial Lawyers Association and the Board of Directors of the National Association of Criminal Defense Lawyers and the recipient of the inaugural Charles Hamilton Houston Award for Lifetime Achievement in Litigation, the Murphy Firm's founder and senior partner, Judge William H. "Billy" Murphy, Jr., graduated from the Massachusetts Institute of Technology with a B.S. in electrical engineering in 1965 and a J.D. from the University of Maryland School of Law in 1969 where he was a member of the Law Review.  He has practiced law for over thirty years, including three years as a judge on the Circuit Court for Baltimore City, the highest level Maryland trial court. Judge Murphy has tried numerous high-profile criminal and civil cases including some of the most celebrated criminal and civil cases in Maryland history. Making history comes naturally to Judge Murphy, as he comes from one of the most distinguished African-American families in the country. His father, William H. Murphy, Sr., was one of the first African-American judges in Maryland. His great-grandfather, founded the Afro-American Newspaper. His sister, Laura Murphy, is a top lobbyist for the American Civil Liberties Union and heads their Washington D.C. office.

You can look forward to more commentary in the future from this legal legend and one of the nations most provocative and thoughtful legal minds. If you are tired of the same old TV talking heads on what pass for legal shows on the networks, check out Attorney Billy Murphy here on LBN for a breath of fresh air.

In a stunning bit of news it was widely reported yesterday that the U.S. Government through the auspices of the National Vaccine Injury Compensation Program and HRSA conceded damages in the first landmark autism case to reach the special masters, awarding damages in the Hanna Poling vs HHS. 

Scott Drake of The Legal Broadcast Network interviews one of the nations leading vaccine lawyers, Kevin Conway of the Conway, Homer & Chin Kaplan firm in Boston, MA. to discuss this important ruling and what it means to the 5000 or more parents of children who are contending that vaccines were a cause of their child's autism. This debate has raged for years, but just recently this test case was winding it's way through the vaccine injury program and the governments surprise decision to concede damages, but yet not providing the rationale for this decision, has only increased the confusion.

If you are a parent of an autistic child or are an attorney who has vaccine cases being brought to your office under the autism claims argument, be sure to listen to this brief podcast to learn more about what the ruling in this case means.

Click to listen to the entire podcast on the autism award in the vaccine injury program here.  

In today's edition of Speaking of Justice, the daily LBN show that features news makers, commentators and experts in all area of the law, Scott Drake is joined by Attorney Roberta Ashkin, one of the nations leading experts in the area of HRT (Hormone Replacement Therapy) litigation, also known as Prempro litigation. 

Just last week in the Scroggin vs Wyeth case that was being argued in U.S. District Court in Little Rock, AK a jury returned compensatory damages on a Prempro trial of $2.7 million to plaintiff Donna Scroggin. The case is currently still in the damages phase on potential punitive damages, so this initial award is simply for compensatory damages.

Roberta and Scott discuss the facts and issues in both this case but also the landmark verdict in Reno, NV that was tried to a $150 million verdict by Zoe Littlepage of the Houston firm of Littlepage Booth. This was recently reduced by the trial judge to $50 million, still an outstanding amount and a substantial victory for the three plaintiffs.

Listen in to this podcast that gives a current update for trial lawyers and ordinary citizens on the topic of hormone replacement therapy, Prempro as well as the recent Supreme Court ruling on the Rezulin preemption case.  

In the first of a series of podcasts on the important topic of preemption, Civil Action Attorney Jan Schlichtmann joins Scott Drake on Speaking of Justice to discuss the recent Supreme Court ruling in the Eiegel v. Medtronic case. This decision is going to be the first of two key cases addressing this contentious issue and Jan weighs in with his thoughts on where this decision could lead. 

Later this week several of our other guest commentators will also cover this topic, with an eye toward the pending Warner-Lambert v. Kent as well as the Wyeth v. Levine cases that look at this same topic from the perspective of pharmaceutical litigation.

This is a major topic in mass torts and state law, as well as an issue of intense interest to Supreme Court watchers and constitutional law experts, so if you want to listen to a wide range of opinions and thoughts on preemption make sure you are getting our audio feeds or stealing our podcast widget so you can place it on your site.  

Click to hear the entire podcast here.  

In today's edition of  "Speaking of Justice" LBN host Scott Drake is joined by famed Civil Action Attorney Jan Schlichtmann to discuss last weeks Supreme Court decision on the matter between the State of West Virginia and the tobacco companies. 

Many people and attorney's are not aware there are still tobacco cases being brought against the firms that produce cigarettes for health and personal injury damage claims.  The West Virginia case centered on an argument to the US Supreme Court that a trial plan that cigarette makers claim will lead to unconstitutional awards of punitive damages had been crafted by the WV courts and they were calling for it to be striken. The US Supreme Court rejected this argument and cleared the way for sick smokers to seek millions, if not billions, of dollars in damages.

Learn more about this important ruling and it's impact on the many individual smokers cases that are still pending in the court system by clicking here to hear the entire podcast.  

In today's edition of Speaking of Justice, the daily podcast featured on The Legal Broadcast Network, Scott Drake is joined by Civil Action attorney Jan Schlichtmann to discuss on the landmark environmental damage cases, the Exxon Valdez oil spill. This infamous case is STILL being litigated, almost 20 years after the accident, as the argument of the punitive damages was heard before the Supreme Court earlier this week with a substantial risk that the entire amount could be tossed out. 

Jan, one of the nations leading expects on environmental damage cases, gives his unique perspective on this case, it's history and how it has moved through the courts. If you are interested in environmental law, the Exxon Valdez case or are just a Supreme Court watcher, this will be a fascinating podcast for you to listen in on.

Click here to listen to the entire podcast.

Or just go to our radio listing on our widget and paste it into your web site and put LBN radio on your site or web page.  

Civil Action Attorney Jan Schlichtmann joins Scott Drake on Speaking of Justice to discuss the huge surge in home foreclosures and the legal traps that are devastating thousands of homeowners nationally. In this very timely podcast lawyers and listeners can get a quick primer in the new reality of what happens in foreclosure or trust deed sales in the new banking economy.   There are huge traps for unaware or unrepresented homeowners regarding state laws on notification of property sales, legal notice and forced sale of property that are catching people of all levels of society unaware. If you are facing foreclosure, if you want to know what your legal rights are or what the pitfalls might be, this is a must listen podcast!

Click here to listen to the podcast on mortgage foreclosures. 

In another featured podcast interview, Attorney Rob Wood of the Law firm Wood & Porter sat down with Scott Drake and Jan Schlichtmann to discuss the issue of independent contractors and their status in the law. 

This is a discussion of his new book, " The Legal Guide to Independent Contractor Status." It is published by Tax Institute and you can purchase it by going to the Tax Institute web site at www.taxinstitute.com

You may also read the recent review of this book that appeared in Tax Notes by clicking here.

One of the hottest areas of litigation in employment law, wage and hour litigation and other areas involving the status of permanent and temporary workers is the use of companies creating squadrons of " independent contractors". This podcast with Rob Wood goes into some intriguing areas, among them the use of independent contractors in the Blackwater murders in Iraq and other areas of increasing seriousness. The courts are starting to finally take a long look at this issue of how you handle taxation and liability in determining if someone is an employee or independent contractor. This podcast and this book look at some of the landmark cases as well as the evolving area of law that will be of increasing importance to employment attorneys, ERISA experts and others trying to work out the complicated area of employment law.

Listen to the full podcast of Robert Wood on independent contractors by clicking here.  

The Legal Broadcast Network features  Vanderbilt Professor Richard Nagareda, the author of the recently published " Mass Torts in a world of Settlements." This book, available on Amazon by clicking here, covers the evolution of Mass Tort litigation through the asbestos cases, pharmaceutical litigation and up to the recently announced Vioxx settlement.

You can listen to the entire podcast interview with Professor Nagareda on " Mass Torts in a world of Settlements" by clicking here.  

In his interview with Scott Drake, host of LBN's " This week in the Law", Professor Nagareda outlines how we are now looking at torts that are too big to litigate but essentially evolve into highly complex and politically charged business transactions between big business and "big law".

A fascinating interview, the first of our new features here on The Legal Broadcast Network, and particularly timely given the recent Vioxx settlement.

You can also check out the WSJ blog that features Professor Nagareda by clicking here.  

One of the new weekly features on The Legal Broadcast Network is our " This week in the Law" podcast that is hosted by Scott Drake and covers the podcasts, blog posts and new items of key interest to trial lawyers nationwide.

The first weekly podcast is available by clicking here and features Mark Wahlstrom and Jan Schlichtmann doing a wrap up of the recent CLE event in Scottsdale.  

Each week a different set of guests, podcasts and shows will be featured in a concise summary form that allows trial lawyers and others to get up to speed on cases and decisions of importance to them.  In this weeks show we cover the wide range of guests we had in Scottsdale, among them Zoe Littlepage and Rainey Booth, Angel Reyes and Jim Orr, Rex Burch, Rick Kuykendall, Rob Wood, Matt Bracy, Christina Fountain and others. We will be posting our first videos early next week of this event as well as starting to finish the CLE DVD's that will be available through the offices of WTLA.

Be sure to subscribe to our feed through Itunes, Yahoo or other podcast directories and don't miss a show.