Courtside with Mark Ferrer Hayden Podcast By Mark Ferrer & Hayden cover art

Courtside with Mark Ferrer Hayden

Courtside with Mark Ferrer Hayden

By: Mark Ferrer & Hayden
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Legal risk isn't theoretical. Courtside is where Miami litigators Mark Ferrer and Hayden think out loud — about the cases shaping business, the laws being written in real time, and the decisions that need to be made before the dust settles. We litigate at the edge of developing law. You get the view from inside the work.

Courtside with Mark Ferrer & Hayden
Produced by Mark Ferrer Hayden, Legal Insider's 2025 Boutique Litigation Firm of the Year.

New episodes bi-weekly.

Copyright 2025 All rights reserved.
Economics
Episodes
  • The ChatGPT Privacy Trap Lawyers Aren't Talking About | Miami Litigation Explained (Ep 12)
    Apr 24 2026
    Are your ChatGPT conversations discoverable in court? What happens when a judge shows sympathy and opposing counsel tries to disqualify her for it? Is NOT using AI about to become legal malpractice?

    Miami trial lawyers break it all down in this episode of Courtside. ⚖️ Topics covered: → Why local counsel matters more than you think → The aggressive culture of South Florida litigation → AI in the courtroom — certification requirements & hallucinated cases → ChatGPT privacy: work product or third-party disclosure? → The humanity of judges & why that matters → How winning cases get lost (bad facts, hiding the ball) 🎙️ Courtside is a legal podcast hosted by Miami trial lawyers giving you an inside look at litigation, culture, and the future of law. 🔔 Subscribe for new episodes every week.

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    45 mins
  • Trial by History — AI, Juries, and Justice in Miami's Most Famous Courtroom | Courtside (Ep.11)
    Apr 10 2026
    What do Al Capone, a would-be presidential assassin, and artificial intelligence have in common? They all found their way into one courtroom.

    In this episode of Courtside, Etan sits down with the Honorable Scott Silverman — former circuit court judge, current arbitrator and mediator with JAMS, and Chief Historian of the 11th Judicial Circuit — inside the very courtroom where history was made.

    They explore the fascinating history of the Miami-Dade courthouse, from Al Capone's perjury trial to the assassination attempt on FDR. Then the conversation pivots to the future: can AI ever replace human judgment in a courtroom? And what are we losing as the legal profession moves further from human connection? From courtroom history to the question of humanity in an AI-driven world, this episode is unlike any other. Disclaimer: Courtside episodes are for general information only and are not legal advice.
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    36 mins
  • Trial vs. Appeal — The Decisions Behind the Decisions | Courtside (Ep. 10)
    Mar 20 2026

    What do trial lawyers miss in the heat of the moment—and why can those decisions determine what happens on appeal?

    In this episode of Courtside, Etan and Jose sit down with appellate attorney Deija Lifshitz to explore the differences between government and private practice, how appellate thinking shapes litigation strategy, and why preserving issues for appeal can make or break a case.

    They discuss jury perception, the hidden role of appellate counsel during trial, malpractice pressure, and the often-overlooked importance of jury instructions. The conversation also touches on where the profession may be heading, including the early role of AI in shaping how cases are analyzed and decided.

    From courtroom tactics to the structure of legal decision-making, this episode examines how cases are actually won—and how lawyers think beyond the moment.

    Disclaimer: Courtside episodes are for general information only and are not legal advice.

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    44 mins
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