In this episode, Kate Letcher speaks with Mian Wang about her strategies and approach to become a more effective woman lawyer, and highlights ways for women to succeed in the profession.Kate Letcher is an associate in Tressler LLP's Chicago office in the firm's litigation practice. She is a vice chair of the ABA Business Law Section's Women’s Commercial and Business Advocates Committee.  Mian R. Wang is a shareholder in Greenberg Traurig’s Boston office where she focuses her practice on high-stakes business litigation. She represents public and private companies, financial institutions, directors, officers and individuals before state and federal courts in commercial and bankruptcy litigation. Her practice covers multiple disciplines and industries, including education, health care, event management, start-up firms, financial institutions, and commercial finance and asset management firms.

Business Law Section Leadership: Episode 2: How I Became A More Effective Woman Lawyer

In this episode, international lawyer Tom Morante provides keen insights into the opportunities and rewards of becoming an international lawyer, as well as describing the complexities of this practice area.  Tom advises clients on U.S. and foreign insurance and financial services regulatory, compliance, and cross-border transactional matters. He handles matters involving life and annuities, health, insurtech, data privacy and cyber risk, and D&O insurance. He is fluent in Spanish, and has studied in Colombia, Mexico, and Spain. He leads Carlton Fields’ International Insurance Regulatory Team and serves on the Advisory Board of Inter-American Dialogue’s Financial Services Advisor publication. In addition, he chairs the Business Law Section’s International Coordinating Committee and its Business Law Now Board, and serves on the Section's Marketing Board.

The host of this episode is Shazia Ahmad .  Shazia is the Vice President of Regulatory Reporting at Wells Fargo. She has a broad range of experience in areas of legal, regulatory compliance and finance for financial instituitions and media companies including Wells Fargo & Co., Credit Suisse, JP Morgan & Chase and Viacom. She joined the Business Law Section of American Bar Association (ABA) as the national law student liaison and now is the Chair of the Young Lawyer Committee and Vice Chair of the State and Local Banking Subcommittee.

Business Law Section Leadership: Episode 4: A View of an International Lawyer --  Tom Morante

Host Justice Richard A. Licht of the Rhode Island Superior Court leads a panel of experienced business divorce practitioners in presenting a short hypothetical skit and then analyzing frequently raised business divorce issues.  In this episode, the panel tackles preliminary issues to consider when a client is presented by a likely business divorce, including issues of entity type, fiduciary duties, extrajudicial and judicial remedies and factors that may limit the ability of a party to bring suit.  Panel members include Melissa N. Donimirski of Heyman, Enerio, Gattuso & Hirzel, LLP in Wilmington, DE, Oderah Nwaeze of Faegre Drinker Biddle & Reath LLP in Wilmington, DE, John C. Sciaccotta of Aronberg Goldgehn Davis & Garmisa in Chicago, IL and Byeongsook Seo of Snell & Wilmer LLP in Denver, CO.

Business Divorce: Episode 1: It’s Definitely You… Not Me

In the early-eighteenth century, Rembrandt’s largest and most famous painting, The Night Watch, was cut down on all sides to fit on a wall in Amsterdam’s City Hall. The removed pieces were never recovered. In this episode of Mind the Gap, Rob Erdmann, Senior Scientist at Rijksmuseum and Professor at the Rijksmuseum and Professor at the University of Amsterdam, walks us through how museum scientists trained AI to successfully paint like Rembrandt to reconstruct the lost fragments of this masterpiece more than 300 years later.

Mind the Gap: Episode 4: The Story of How AI Reconstructed a Rembrandt Masterpiece

In this episode, learn how a debtor was forced into bankruptcy only to flee to France with his wife, a land rover, their beloved dogs…and some notorious diamonds. What do you do when your lavish lifestyle, complete with designer clothes, giant diamond rings, and high-end cars, is brought crashing down by an involuntary bankruptcy petition? 
 
In the case of the once highly successful developer Michael Mastro, you hide everything you can from the reach of the Courts and flee to Europe with your wife, dogs, and a Land Rover. A central part of this case involved two missing diamonds, one of 27.8 carats and one of 15.93 carats, which the FBI eventually recovered.  In this episode, “Bad Boys of Bankruptcy” host Judge Elizabeth Gunn sits down with the chapter 7 Trustee James Rigby; Thomas Buford, the then assistant U.S. Trustee; and Aimee Willig, one of the trustee’s counsels, to discuss the broad reach of bankruptcy law when attempting to pull assets back into the estate.

Bad Boys of Bankruptcy: Episode 1: Michael Mastro – A Debtor’s Stylish French Exile

In this episode, Lieutenant Colonel Jason Cody discusses swarm behavior in social organisms like bees, termites, and ants.  These emergent behaviors point the way toward possible military applications for swarms of drones or other robots.

Mind The Gap: Episode 13: Game of Drones

Host Gary J. Ross speaks with Darby Wong, Co-founder and CEO of Clerky, about legal document automation.  A computer science major who worked in Silicon Valley before becoming an associate in BigLaw, Darby co-founded Clerky in 2011. Darby talks about Clerky’s original premise of facilitating convertible note financings, and how Clerky has expanded through the years to also handle formation, compensation, NDA, and other documentation. Gary and Darby discuss the need for legal counsel even when legal documentation is automated, and the unauthorized practice of law issues raised by the actions of some of Clerky’s peers.

VC Law: Episode 25: Legal Document Automation with Darby Wong, Co-founder and CEO of Clerky

Darren Berg started as a mortgage broker but then found himself orchestrating a $150 million Ponzi scheme. He diverted funds into a lavish lifestyle—owning multiple mansions, yachts, and a luxury bus company. When the fraud unraveled, bankruptcy proceedings led to significant legal battles, shaping Oregon’s fraudulent transfer law in the process. But Berg’s downfall didn’t end in prison—he pulled off a daring escape, fleeing custody and vanishing into Brazil. Judge Gunn, Mark Calvert, and Michael Gearan discuss Berg’s rise and fall, the legal aftermath, and the lingering question: will he ever be caught?

Bad Boys of Bankruptcy: S2E1: From Mortgage Mogul to Fugitive: The Rise and Fall of Darren Berg

From ancient times what we now call mathematical models have been used to predict the arrival of seasons, comet returns, and eclipses.  With sophisticated mathematics, good data gathering, and modern computers we can now predict things like the tides and the trajectories of interplanetary probes with considerable accuracy.  We have also made progress in predicting weather.

For some phenomena, for example earthquakes, we are still seeking to develop predictive models.

As we heard in Episode 2 of this podcast, AI systems can be described as making predictions based on models, models that are trained on vast collections of data.  These models seem intuitively different from the others.  However, some truths hold for both kinds of models, in particular while "all models are wrong, some models are useful," as is explained by our guest in this episode in which we explore the world of models with Dr Erica Thompson.

Mind The Gap: Episode 18: A Visit to Model Land

In this special public service episode, Judge Elizabeth Gunn is joined by Rebecca A. Earl and Dana McWay to explore a growing and often overlooked corner of bankruptcy fraud: the exploitation of unclaimed funds. With over half a billion dollars currently held in unclaimed distributions, the system has become a target for fraudsters employing everything from falsified assignments to identity theft and wire fraud to steal from legitimate creditors.

The episode unpacks the legitimate process for recovering unclaimed funds and how bad actors have learned to exploit it. From fund locators—some legitimate, some not—to individuals impersonating creditors or creating companies with identical names to the true payees, the guests reveal just how elaborate these schemes have become. 

This cautionary tale doesn’t follow one fraudster—it shines a spotlight on a systemic vulnerability, offering insight into what courts and clerks are doing to protect the system. 

Tune in to hear how the courts are fighting back against this wave of bankruptcy fraud.

Bad Boys of Bankruptcy: S2E3: Fraud, Identity Theft, and the Battle Over Unclaimed Money

Ponzi schemes have persisted around the world even before the eponymous investment scheme of Charles Ponzi in the early 1920s. This case concerns a Ponzi scheme based on the purported sale of music that nobody really wanted, which was engineered by Ukrainian-American Volodimyr Pigida and his wife, Marinia Bondarenko. The scheme resulted in roughly $22 million in fraudulent proceeds. Pigida was ultimately convicted of 26 counts in a federal indictment, including conspiracy, wire fraud, mail fraud, and bankruptcy fraud, and was sentenced to 14 years in prison.  In this episode, Judge Gunn discusses the bankruptcy case filed by Trend Sound Promoter, the company the couple used to perpetrate their fraudulent scheme, with attorneys Mark Stern and Rory C. Livesey.  Issues discussed include how language barriers presented issues in the bankruptcy proceedings, how the trustee located assets to liquidate for the benefit of creditors (including victims of the scheme), and how the owners of Trend Sound Promoter were ultimately brought to justice. 

Bad Boys of Bankruptcy: S2E4: The Ponzi Scheme for Music Nobody Wanted: The Curious Case of Trend Sound Promoter

The entertainment industry in the US, with revenues in 2022 of about 8.5 billion dollars, is only three hundredths of one percent of the 23.3 trillion dollar US economy.  However, entertainment is far more important to society as a whole than the industry’s financials might suggest.

In 2022 when large language models like OpenAI’s ChatGPT and Google’s Gemini began to show signs of prodigious capabilities in the entertainment domain, studios began to experiment with using AI in lieu of actors and writers.  In response to the refusal by the studios to negotiate guardrails for the use of AI, the unions representing the writers and actors went out on strike and forced negotiations.

The agreements concerning the status of generative AI that were instrumental in settling the strikes are a tremendously important step in establishing governance of AI in operational practice, at least for one industry.  These agreements may hold important lessons for other industries.

We are fortunate to have as our guest for this episode Louise Nemschoff, who practices entertainment and copyright law in Los Angeles.  She represents a wide variety of parties in both domestic and international transactions.


Mind The Gap: Episode 21: Hollywood Adventures in GenAI

In Episode 6, host Jordan L. Fischer, Esq. interviews Rachael Pashkevich Koontz, Associate General Counsel of cybersecurity and data protection for a large U.S. Government Contractor in the technology space. Rachael provides key insight into her unique role as an in-house cyber attorney, and the day-to-day role she plays in shaping the cyber policy and approach within her organization. Rachael and Jordan discuss how the cybersecurity industry is changing, and how that has made in-house advising on cyber more dynamic and impactful across the business and its operations. 

For more information on Rachael Pashkevich Koontz, visit: https://www.linkedin.com/in/rachael-pashkevich-koontz-esq-8915ba48/. to contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Cyber Security and Data Privacy: S5E6: Diving into the role of an In-House Cyber Attorney

This is the second of two episodes with MIT Professor David Mindell.  In these conversations we are exploring the detailed realities of "human in the loop" systems.  In the first session we learned about the Apollo Program's lunar landing control system.  In this episode we are going to explore a contemporary human plus computer control system failure involving a US Navy warship.

We will be looking at a collision in the Singapore Strait in the pre-dawn darkness of August 21, 2017.  The National Transportation Safety Board, or NTSB, determined that the causes of the collision between the destroyer USS John S McCain and the tanker Alnic MC included a lack of effective operational oversight, insufficient training, and inadequate bridge operating procedures.  Also contributing to the accident were the McCain bridge team’s loss of situational awareness and failure to follow steering loss emergency procedures.

Mind The Gap: Episode 23: Challenges for Humans in the Loop

In this episode, Judge Elizabeth Gunn is joined by attorneys Abigail Ryan and Jason Binford to discuss the astonishing saga of a relentless debtor who turned the bankruptcy system into his personal battlefield.

It began when Abigail Ryan’s client needed to evict a tenant for unpaid rent. But instead of leaving quietly, the tenant filed for bankruptcy, halting the eviction and launching a wave of litigation. As Abigail and Jason soon discovered, he was no stranger to this tactic, filing bankruptcy petitions on the eve of evictions, contempt hearings, and other legal trouble to stall proceedings and frustrate creditors. After exhausting his welcome in state court, where he was declared a vexatious litigant, he shifted to federal court, flooding dockets with motions, adversary proceedings, and procedural maneuvers. 

Join them for a riveting exploration of legal strategy, courtroom battles, and the fight to protect the integrity of the bankruptcy system from serial abusers.

Bad Boys of Bankruptcy: S2E7: Vexatious Litigant and Serial Bankruptcy Filer

Stephen Lawrence and Thomas Thompson both sat in prison, holding the proverbial keys to their own cells, for years on end. One was alleged to have stashed assets in an offshore trust before filing for bankruptcy; the other was alleged to have stashed the golden spoils of a shipwreck beyond the reach of creditors. Joined by Professor Christopher Hampson and Mac VerStandig, Judge Gunn explores two cases where people seemingly valued riches over freedom, and how those cases yielded two of the longest stretches of civil incarceration in modern American history.

Bad Boys of Bankruptcy: S2E8: The Pirates of the Penitentiary

Host Gary J. Ross speaks with Erik Syvertsen, Chief Legal Officer of AngelList. After a brief introduction, Erik starts off the chat by outlining some of AngelList’s key offerings, including SPVs, Rolling Funds, and Roll Up Vehicles. Gary and Erik then go into how AngelList funds tend to be structured, as well as how AngelList navigates regulatory concerns such as general solicitation and the investment adviser and broker-dealer rules. The episode concludes with a conversation about regulatory trends affecting the platform and the broader venture capital ecosystem, including potential initiatives to expand VC access to retail investors.

VC Law: Episode 39: A Talk with Erik Syvertsen, Chief Legal Officer of AngelList

Host Gary J. Ross speaks with Ruth Jin, Partner at Mintz Levin, about GP-led secondary transactions, in which a general partner of a fund initiates a sale of one (or more) of its portfolio companies to a new fund, called a continuation vehicle (CV), which is typically managed by the same GP. Ruth describes the setting up and marketing of the continuation vehicle, and the options given to the current fund’s limited partners. Gary and Ruth spend significant time on the conflict of interest issues, and how they are mitigated. Ruth also touches on the necessary disclosures that must be made in the CV’s offering documents.

VC Law: Episode 40: GP-Led Secondary Transactions with Ruth Jin, Partner at Mintz Levin

In Episode 7, host Jordan L. Fischer, Esq. interviews Representative Stephanie Scialabba, a state representative in the Commonwealth of Pennsylvania, who is using her experience in her prior career as a practicing attorney in data privacy and cybersecurity to advance the privacy rights of Pennsylvanians and create realistic solutions for evolving issues. In this episode, Representative Scialabba discusses her perspective on the legislative process around technology, privacy, and how she is approaching such a fast-paced and highly influential area of the law.

For more information on Representative Scialabba, visit: https://www.repscialabba.com/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Cyber Security and Data Privacy: S5E7: A Pennsylvania Regulator's Perspective on Privacy Laws

Join us to celebrate the federal trial bench and to hear from Magistrate Judge Gina Simms, of the US District Court for the District of Maryland, as she describes her path first in public service, including a judicial clerkship, and some seventeen years as an Assistant United States Attorney in the District of Columbia and Maryland and as an Associate Independent Counsel tasked with investigating a former Cabinet secretary – and then in private practice for six years, where she continued to work on criminal and civil compliance and enforcement matters.    Judge Simms shares her thoughts on how to have a good day in her courtroom, and what missteps to avoid. 

Bench Talk: Episode 1: A Conversation with Magistrate Judge Gina Simms

Join us to celebrate the federal trial bench and to hear from Chief Magistrate Judge Willie Epps, Jr., of the US District Court for the Western District of Missouri, as he describes his path from Natchez, Mississippi, to public service as a Judge Advocate and Captain in the US AirForce JAG Corps, and then as Assistant Special Counsel-US Department of Justice in the Waco Investigation – and then to solo practice, big firm practice, and head of litigation for a leading financial services firm. Judge Epps offers his insights on how each of these positions contribute to who he is a judge today, and shares practical tips on how to have a good day in his courtroom. 

Bench Talk: Episode 2: A Conversation with Chief Magistrate Judge Willie Epps, Jr.

Host Gary J. Ross talks with Chris Harvey, Managing Partner at Harvey Esquire and a prolific LinkedIn contributor, about three bipartisan bills pending in Congress that could reshape the VC ecosystem: the Equal Opportunity for All Investors Act (HR 3339), which would create an exam-based path to accredited investor status; the Improving Capital Allocation for Newcomers Act (HR 4431), which would raise Section 3(c)(1) fund limits to 500 investors and $50 million; and the Venture Capital Advisor Flexibility Act (HR 4429), which would increase the allowable percentage of secondaries and fund-of-funds investments for exempt reporting advisers.

VC Law: Episode 41: Pending VC-Friendly Legislation with Chris Harvey

This session will set up the basis of why and when to mediate, including the benefits of mediation, figuring out whether mediation is right for your dispute, selecting the right mediator and determining the right time to mediate.

Guests in this episode are Kate Gonzalez, Senior Legal Counsel at Airbus and Chris McDonald, ADR Office of Chris McDonald.

The Advocate's Toolbox: Episode 1: What Is Mediation and When Should I Use It?

This first episode focuses on the first days after the shocking discovery that the Madoff multi-billion-dollar investment enterprise was a complete fraud.  Unlike most Ponzi schemes, there were actually no investments at all in what on paper appeared to be a massive investment fund.   Our guest, attorney David Sheehan of Baker & Hostetler LLP, is retained along with Irving Picard to begin the process of an orderly liquidation of the Bernard L. Madoff Investment Securities LLC.  The enormity of the case is unveiled as David and his team learn that $64 billion in supposed investments have in fact never existed despite years of reports to investors that the funds were returning up to 17% profits annually.  

Bad Boys of Bankruptcy: The Madoff Files: The Scheme Is Uncovered: “We Are Gonna Need a Bigger Boat”

In episode two we hear about the extraordinary coordination of the Baker Hostetler team with federal, state and international investigators, including those from the FBI, the SEC, the United States attorney and other law enforcement agencies.  Attorneys David Sheehan and Camille Bent are back to discuss how the criminal investigation proceeded hand in hand with the complex work of collecting assets to return a dividend to the thousands of investors that lost billions to the Madoff scheme.  In addition to Madoff, several people associated were charged, convicted and sentenced to prison for their roles in this massive fake investment business.

Bad Boys of Bankruptcy: The Madoff Files: The Clean Up Begins: Coordination Like Never Before

Join us to celebrate the federal trial bench and to hear from Magistrate Judge Diana Song Quiroga, of the US District Court for the Southern District of Texas, a true career public servant, as she describes her path from a federal judicial clerkship to Texas’s Rio Grande Legal Aid, to service as an Texas Assistant Attorney General and Assistant United States Attorney in the Laredo Division, where she now serves as a judge.  Judge Song Quiroga shares her positive outlook on the value of making a difference every day in your work, and the importance of keeping an open mind to new opportunities to do so.

Bench Talk: Episode 3: A Conversation with Judge Song Quiroga

Join us to celebrate the federal trial bench and to hear from Bankruptcy Judge Elizabeth Gunn, of the US Bankruptcy Court for the District of Columbia, one of the first COVID-era judges to take the bankruptcy bench, taking the oath of office from her living room as the sole bankruptcy judge in the District of Columbia and DC Circuit.  An active member of several local, regional, and national bar associations, Judge Gunn may be best known to some as the moderator of the ABA’s popular podcast series “Bad Boys of Bankruptcy,” and previously worked in private practice and as an Assistant Attorney General in Virginia’s Division of Child Support Enforcement.  Judge Gunn shares her thoughts and offers practical insights on balancing her many roles and responsibilities – and her hobby of running marathons!

Bench Talk: Episode 4: A Conversation with Judge Gunn

In episode three we turn to the cutting-edge legal issues legal issues of law that were raised in the Madoff case.  Because it presented circumstances unlike any that had come before it, the Madoff case required the legal team to develop a new legal playbook. In this episode David Sheehan and Camille Bent of the Baker Hostetler team offer a tutorial on the new precedents established in the case that will provide a game plan for those that are charged with managing recovery after massive Ponzi schemes and will benefit victims of such cases. The most significant of these legal victories is court acceptance of the use of a net equity approach to fairly determine the claim amounts of investors in what has become known as a “net winners/net losers” game plan.

Bad Boys of Bankruptcy: The Madoff Files: The Legal Issues: “We Need A New Playbook”

Preparing for the mediation session is key. This session will cover how to evaluate your case and determine an appropriate settlement range, how to consider and evaluate risks, and more.

The Advocate's Toolbox: Episode 2: Preparing for Your Mediation

The Madoff team included many experienced attorneys, as well as many new lawyers.  A new attorney can get lost in a case like Madoff.  Our guest for this episode, Attorney Camille Bent, joined the Madoff team at Baker Hostetler immediately after her two-year clerkship with Bankruptcy Judge Pamela Pepper, who is now the Chief District Judge in the Eastern District of Wisconsin. Camille describes how she and the firm navigated her career while working on this fascinating and at times all-consuming case, which is a story unto itself.  This episode will be of special interest to younger lawyers and law firm management in processing pathways for advancement in firms for lawyers that are working on high-stakes cases in which there is global interest. Unsurprisingly, Camille underscores that she needed to be intentional about getting exposure to a range of cases and partners beyond those involved in the Madoff case.

Bad Boys of Bankruptcy: The Madoff Files: Managing Your Career in the Wake of Madoff

Join us to celebrate the federal trial bench and to hear from Magistrate Judge Sarah Cave, of the US District Court for the Southern District of New York, as she describes her judicial “origin story” traveling a path from clerkships in the District Court and Court of Appeals, to private practice, and then to the bench.  Judge Cave explains the role that public and community service has always played in her professional life, and shares her insights on the importance of pursuing a goal consistently, persistently, and from the heart.

Bench Talk: Episode 5: A Conversation with Judge Cave

The Advocates Toolbox: Effective Advocacy Strategies for a Successful Mediation, is co-hosted by Mia Levi, Vice President and Corporate Secretary, CPR Dispute Resolution Services LLC, and Rachel Gupta, Mediator and Arbitrator at JAMS. This podcast will cover the skills business lawyers need to be successful advocates in mediation. Episode 3: Anchoring Strategy and Messaging in Mediation. Distributive bargaining is a competitive negotiation strategy that is used to decide how to allocate available funds in mediations.  The speakers will guide us in developing your anchor, your target settlement range, and the strategy and messaging for achieving it. Speakers: Joan Stearns Johnsen, Mediator at JSJ-ADR and Adrienne Publicover, Mediator at JAMS.

The Advocates Toolbox: Episode 3: Anchoring Strategy and Messaging in Mediation

Join us to celebrate the federal trial bench and to hear from Magistrate Judge Peggy Kuo, of the US District Court for the Eastern District of New York, as she describes her path from prosecuting street crime in the District of Columbia US Attorney’s Office, to prosecuting hate crimes at the US Department of Justice Civil Rights Division, to prosecuting war crimes and crimes against humanity at the UN International Criminal Tribunal for the former Yugoslavia in The Hague, to serving as Chief Hearing Officer at the New York Stock Exchange and General Counsel of New York City’s Office of Administrative Trials and hearings, and more.  Judge Kuo reflects on how each of these positions prepared her for the next, and her practical perspective on how every day can be a good day in court.  

Bench Talk: Episode 6: A Conversation with Magistrate Judge Peggy Kuo

In this episode of “Annual Review: Key business law developments in bite-size pieces”, we talk with Jennifer Baldocchi and Robert Milligan about recent developments in employee mobility, restrictive covenants, and trade secrets. Jennifer Baldocchi is a Partner & Chair of the Employee Mobility and Trade Secrets Practice at Paul Hastings LLP. Jennifer’s practice focuses on employee mobility and intellectual property, including trade secrets, covenants not to compete, unfair competition, and fiduciary duties. Jennifer also acts as the Co-Chair for the Los Angeles Employment Law Department. Robert Milligan is a Partner at Seyfarth Shaw and the Co-Chair of the firm’s Trade Secrets, Computer Fraud, and Non-Competes practice. Robert’s practice includes a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation, and other business torts. Robert also has extensive experience in trials, binding arbitration and administrative hearings, mediations, and appellate proceedings.

Interviewee: Jennifer Baldocchi, Partner & Chair of the Employee Mobility and Trade Secrets Practice, Paul Hastings, and Robert Milligan, Partner & Co-Chair of the Trade Secrets, Computer Fraud, and Non-Competes Practice, Seyfarth Shaw

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