An appellate law podcast for trial lawyers. Appellate specialists Jeff Lewis and Tim Kowal discuss timely trial tips and the latest cases and news coming from the California Court of Appeal and California Supreme Court.
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The Defence Connect Podcast Network hosts a unique series of podcasts, featuring discussions with key enablers from across the Australian defence industry. The podcasts provide the perfect blend of business intelligence and insights from a range of guests, which include government officials, ADF personnel, industry stakeholders, and members of the academic community. By aligning ourselves with the ADF and the Commonwealth government, we are uniquely placed to deliver a dynamic 360° platform ...
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Putting veteran families first, with the Family of Veterans Guild's Renee Wilson
42:46
42:46
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In this episode of the Defence Connect Podcast, Renee Wilson joins host Phil Tarrant to announce the rebrand of War Widows NSW to the Families of Veterans Guild, and how the organisation has a renewed mission to support all veteran family members. The podcast begins detailing the reason behind the rebrand and how the organisation will support all f…
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What to know about “snap” and “super snap” removals
13:04
13:04
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Are you expecting a lawsuit? And do you want to get that lawsuit into federal court? If your client is domiciled in California, you need to know about “snap removals.” If you get wind of the lawsuit before it is served, you might be able to defeat the removal-bar on home-state defendants. But don’t commit a “super snap” removal. That’s when you rem…
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SPOTLIGHT: Mission engineering – a missing piece of the capability puzzle, with Downer’s Rachel Hatton and Nathan Rickard
36:59
36:59
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Have you picked up on the rising swell of interest in mission engineering? In this episode, Rachel Hatton, Downer Professional Services’ Head of Mission Engineering, and Nathan Rickard, Technical Director, join Liam Garman to help demystify mission engineering, explaining why it has become a hot topic and what industry need to know. The trio begin …
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Is the Racial Justice Act Unconstitutional?
23:35
23:35
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Racial minorities are sometimes removed from prospective juries—just like everybody else. But the Legislature is so concerned that this could happen on the (obviously improper) basis of race that the Racial Justice Act prohibits a challenge to a racial minority even on the basis of proper factors, such as lack of life experience. And if that happen…
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SPOTLIGHT: Introducing the Australian Digital Defence Industry Matrix, with BenchOn’s Tim Walmsley
33:05
33:05
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In this episode of the Defence Connect Spotlight podcast, Tim Walmsley, founder and CEO of BenchOn, joins host Liam Garman to officially launch the Australian Digital Defence Industry Matrix – an AI-powered platform that connects suppliers with the requirements of project teams from right across Defence industry. The pair begin the podcast discussi…
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CYBER UNCUT: Using Australian cyber regulation as a global blueprint for tackling crime, with Rapid7’s Sabeen Malik
53:00
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In this episode of the Cyber Uncut podcast, Sabeen Malik, vice-president of global government affairs and public policy at Rapid7, joins Liam Garman to discuss the changing nature of global tech policy – applauding Australia’s stringent cyber security legislation. The pair begin the podcast by discussing Malik’s time developing tech policy within t…
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CYBER UNCUT: A pipeline between Australia’s national security agencies and the cyber industry
42:43
42:43
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42:43
In this episode of the Cyber Uncut podcast, hosts Phil Tarrant and Major General (Ret’d) Dr Marcus Thompson unpack building a nexus between academia, business and our national security organisations to build a stronger domestic cyber security industry. MAJGEN (Ret’d) Dr Marcus Thompson begins the podcast by discussing his experience setting up the …
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Every day as an appeals lawyer brings new puzzles. But some puzzles repeat. So in this episode, we compile the top 10 tips dispensed regularly to trial attorneys working in family court. They include: 👉 Know your appealable issues—appeal now, or lose it forever! 👉 Request a statement of decision. Don’t need to, you say? Judge already gave a tentati…
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CYBER UNCUT: Targeting modern industrial control systems, with Ben Miller, CISO at Dragos
37:19
37:19
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In this episode of the Cyber Uncut podcast, Ben Miller, chief information security officer at Dragos, joins host Liam Garman to unpack the increasing number of ransomware attacks directed towards industrial organisations and how OT/ICS operators can better protect their assets. The pair begin by unpacking how threat groups have adapted their TTPs t…
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SPOTLIGHT: What does sovereignty mean in a post-DIDS industry? With Stephen Kowal, CEO of Atturra
35:49
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In this episode of the Defence Connect Spotlight podcast, Stephen Kowal, chief executive officer of Atturra, joins host Liam Garman to unpack how Atturra is building a uniquely sovereign workforce to deliver for Defence – and deliver some top tips for SMEs in the defence industry. The pair commence unpacking the importance of sovereignty given Aust…
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CYBER UNCUT: Insights direct from the cyber battlefield, with Raj Samani, SVP and chief scientist at Rapid7
42:58
42:58
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42:58
In this episode of the Cyber Uncut podcast, Raj Samani, senior vice-president and chief scientist at Rapid7, joins host Liam Garman to provide intelligence direct from the cyber security battlefield. The pair begin the podcast by discussing the links between leading threat groups and rogue states, detailing their TTPs and operating models. Samani t…
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Social Media and Jury Waiver High Court Cases, and Other Appellate News
36:22
36:22
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36:22
The U.S. Supreme Court provides awaited guidance on public officials’ use of social media, and the California Supreme Court gives a cautionary tale about waiving the right to a jury trial. Jeff and I discuss: 📰Free Speech on Government Social Media: Lindke v. Freed (Mar. 15, 2024, No. 22-611), notable for being short and unanimous, holds that, when…
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Developing Army’s hand-to-hand combatives program, with Paul Cale
40:01
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In this episode of the Defence Connect Podcast, host Liam Garman is joined by Paul Cale, the Australian Army’s subject matter expert for the Army Combatives Program (ACP), to unpack how Cale developed ACP and the importance of combatives in modern close-quarters combat. The pair begin the podcast unpacking the origins of ACP and how Cale drew from …
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Five Hard Truths About an Appellate Practice, with Raffi Melkonian
52:53
52:53
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Raffi Melkonian has argued and won in the U.S. Supreme Court, and started the #AppellateTwitter community of appellate attorneys on Twitter/X, where he has over 65,000 followers, and speaks and writes on appeals across the country. And Raffi is here to tell you that building a business on an appellate practice—even a very successful one—is very har…
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Aussie innovation supporting navies around the world, with Jeffrey Hawkins, Pivot Maritime International
32:24
32:24
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32:24
In this episode of the Defence Connect Podcast, host Steve Kuper is joined by Jeffrey Hawkins, managing director of Pivot Maritime International, to discuss the role of innovation in Australia’s modern defence industry. The pair discuss: The history of Pivot Maritime International and what sets the Tasmanian company apart from competitors to see th…
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CYBER UNCUT: Swifties become victims of credential stuffing campaign, while the risk of AI keeps growing
35:01
35:01
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35:01
In this episode of the Cyber Uncut podcast, hosts Phil Tarrant and Major General (Ret’d) Dr Marcus Thompson unpack how foreign actors are targeting persons of interest on social media and how Australians are falling victim to unsophisticated credential stuffing campaigns. Like all news over recent months, the podcast begins talking about Taylor Swi…
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Commercialisation essential to the success of space and defence industry, with Brian Lim
35:54
35:54
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In this episode of the Defence Connect Podcast, host Robert Dougherty is joined by Brian Lim, Australian space industry insider and the CEO and founder of Dandelions. The pair discuss: Lim’s previous career in the Singaporean Army and how the island-trading nation’s geostrategic situation has changed in the last 20 years, plus its evolving relation…
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CYBER UNCUT: Wisdom from the cyber security battlefield, with CrowdStrike’s Mark Goudie
51:12
51:12
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51:12
In this episode of the Cyber Uncut podcast, Mark Goudie, director of CrowdStrike Services, joins host Liam Garman to provide insight into the most prolific threats and vulnerabilities facing Australian businesses and how they can immediately take action to defend themselves. The podcast begins by examining critical findings from CrowdStrike’s Globa…
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Firebrand topics on Ukraine, Israel, and Australian conscription, with Corporal Matthew ‘Willy’ Williams OAM
1:11:15
1:11:15
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In this episode of the Defence Connect Podcast, senior journalist Robert Dougherty is joined by returning guest, Australian Army Corporal (Ret’d) and Afghan veteran Matthew “Willy” Williams OAM, to discuss the fall of Avdiivka in Ukraine, the ongoing conflict in Gaza, and the emerging discussion around conscription in Australia. Corporal Williams w…
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Sanctions, Successful Reconsideration, and Other Feb. 2024 Cases
45:21
45:21
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We discuss how to avoid appellate sanctions, and an unusually successful motion for reconsideration: $50k sanctions against appellant for blowing appellate procedure. Motion for reconsideration was untimely, but righteous. Trial judge did not take the Court of Appeal’s hint, so writ issued. (But the trial judge was right to let the writ issue.) Ant…
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Unpacking the surface combatant review with the Honourable Kim Beazley AC
26:12
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In this special Defence Connect Podcast, hosts Liam Garman and Steve Kuper unpack the findings of the government’s independent analysis of the Navy’s surface combatant fleet with former defence minister and ambassador to the US, the Honourable Kim Beazley AC. The trio begin by discussing the background and logic behind the review and how they shape…
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Judge Nazarian to Judges: Take the Accountability Pledge
1:02:59
1:02:59
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There are 30,000 law clerks in the U.S., and we have no good way to know to judge their experiences. So Judge Douglas Nazarian of the Appellate Court of Maryland—and board member of the Legal Accountability Project—asks judges everywhere to take the LAP Pledge. The Project hosts a growing database of survey responses from judicial clerks, but it ne…
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WA ready, willing and able to support defence industry opportunities – Paul Papalia CSC MLA, Minister for Defence Industry and Veterans Issues
17:31
17:31
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17:31
In this episode of the Defence Connect Podcast, host Steve Kuper is joined by WA Minister for Defence Industry and Veterans Issues, Paul Papalia CSC, MLA, to discuss the West Australian government’s ambitious plans to help build the state’s defence industry. The pair discuss the opportunities presented by the trilateral AUKUS agreement and Australi…
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Unpacking the independent analysis into Navy’s surface combatant fleet
27:52
27:52
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27:52
In this special episode of the Defence Connect Podcast, Liam Garman, Steve Kuper, and Rob Dougherty unpack the independent analysis into Navy’s surface combatant fleet – and what the recommendations will mean for the Royal Australian Navy and defence industry. The podcast begins by examining how the recommendations will change the makeup of the Roy…
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Sleep Well to Crush Your Enemies, with Leslie Porter
52:11
52:11
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You thought health and wellness was just for hippies, losers and weirdos. But you were wrong. Leslie Porter explains that if you are waiting for your health issues to become acute enough for a prescription, you are not at your best. Not only are you laying the groundwork for possible big problems down the road, you have lower energy, weakened drive…
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CYBER UNCUT: Crafting your investor and media relations strategy in the event of a data breach
24:22
24:22
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In this episode of the Cyber Uncut podcast, Liam Garman, David Hollingworth, and Daniel Croft provide critical insights for business leaders on how to craft an investor and media relations strategy in the event of a breach. The trio begin the podcast by discussing the latest news before diving into how cyber breaches require all hands on deck to ge…
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Bringing together Defence, industry, and academia to drive innovation – Dr David Kershaw, DSTG
25:40
25:40
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25:40
In this episode of the Defence Connect podcast, host Steve Kuper is joined by Dr David Kershaw, chief science strategic planning and engagement of the Defence Science and Technology Group. The pair begin discussing the evolution of the Defence Science and Technology Group (DSTG) and how it is working to help deliver key capability outcomes in line …
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So You Think You Understand the Snitch Rule?
56:27
56:27
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Next time your opposing counsel takes issue with something you say, don’t be surprised to find a complaint in the next filing citing to rule 8.3 of the Rules of Professional Conduct—the new “snitch rule.” There are about a dozen terms of legal art in the snitch rule, so we asked Judge Meredith Jury (Ret.) and Certified Bankruptcy Specialist Stella …
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Unpacking the role and responsibilities of Parliament’s oversight committees
33:52
33:52
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33:52
In this episode of the Defence Connect Podcast, Julian Hill MP, chair of the Defence subcommittee of the joint standing committee on foreign affairs, defence and trade, joins host Steve Kuper to unpack the work of the subcommittee over 2023. The pair begin by discussing the oversight role of parliamentary committees and the valuable work they do wo…
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Kyle O’Malley, the Attorney Who Won the Raines’ Supreme Court Employee-Screening Case
51:00
51:00
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Just a few years out of law school, Kyle O’Malley won a landmark case in the Supreme Court of California. The employer’s screening service in *Raines v. US Healthworks Medical Group*, 15 Cal.5th 268 (2023) used a generic questionnaire asking about menstrual cycles, hemorrhoids, hair loss, and all sorts of fool questions not tailored to the specific…
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CYBER UNCUT: What you need to know about credential stuffing
34:26
34:26
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34:26
In this episode of the Cyber Uncut podcast, hosts Phil Tarrant and Major General (Ret’d) Dr Marcus Thompson discuss how malicious actors are targeting Australian courts and how Australians can keep themselves safe from the threat of credential stuffing. The pair begin the podcast by unpacking the Commonwealth’s sanctions on the Medibank hacker and …
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SPOTLIGHT: How cyber security is essential for the delivery of AUKUS Pillar I, with CyberCX’s Alastair MacGibbon
17:41
17:41
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In this episode of the Defence Connect Spotlight podcast, Alastair MacGibbon, chief strategy officer of CyberCX, joins host Steve Kuper to unpack the importance of cyber security in delivering our nation’s most important defence projects – including nuclear-powered submarines. The pair begin the podcast unpacking how cyber security is critical for …
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No More Anti-SLAPPs in Fed Court? With Cory Webster
1:02:25
1:02:25
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The 9th Circuit is taking up the ostensible narrow issue of appealability of anti-SLAPP orders. But it could be broader. Much broader. If the court decides anti-SLAPPs are procedural rather than substantive, says Cory Webster, that would mean no more anti-SLAPP motions in federal court. We also discuss that recent panel that departed from an earlie…
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CYBER UNCUT: Not all threats are equal – creating a bespoke cyber security strategy, with Edward Farrell and Niru Verma
15:27
15:27
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In this episode of the Cyber Uncut podcast, Mercury ISS’ Edward Farrell and Niru Verma join host Steve Kuper to discuss the latest trends in cyber security and the importance of building a tailor-made security strategy for your business. The trio begin the podcast by unpacking how cyber security underpins all military capabilities, whether on land,…
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SPOTLIGHT: Securing freedom of manoeuvre in the electromagnetic spectrum, with DEWC Services CEO Allan Dundas
30:05
30:05
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30:05
In this episode of the Defence Connect Spotlight podcast, Allan Dundas, chief executive officer of DEWC Services, joins host Liam Garman to discuss how the company is helping to revolutionise the Australian Defence Force’s C4ISREW capabilities. Dundas begins the podcast defining why C4ISREW (Command, Control, Communications, Computers, Intelligence…
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Cert on Homeless Encampments and En Banc on SLAPPs
38:03
38:03
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38:03
The Supreme Court has granted cert on whether prosecuting a homeless sidewalk-camper is cruel and unusual punishment. And the 9th Circuit has granted en banc review whether anti-SLAPP denials are appealable. Also: You are doing MSJ separate statements wrong (maybe). There are two schools of thought, and the Court of Appeal in a partially published …
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SPOTLIGHT: Driving efficiency and security in Australia’s defence industry, with Dassault Systèmes’ Francois Mathieu and Shaun Edsall
22:27
22:27
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In this episode of the Defence Connect Spotlight podcast, host Stephen Kuper is joined by Dassault Systèmes’ Francois Mathieu and Shaun Edsall to unpack how the company is delivering efficiency and security in Australia’s defence sector. The trio begin the podcast unpacking the history of Dassault Systèmes and how the company has grown to 24,000 em…
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SPOTLIGHT: Enhancing the training continuum, with CAE’s Simon Ancona
17:35
17:35
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In this episode of the Defence Connect Spotlight podcast, host Steve Kuper is joined by CAE’s director of global naval market development, Simon Ancona, to unpack how the science of training is enhancing national security. The pair begin the podcast unpacking how training fundamentally underpins readiness, accessibility, and sustainability, ensurin…
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Cal’s initial disclosures, minimum discovery sanctions, & some ¯\(ツ)/¯ cases
36:40
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California law now provides for initial discovery disclosures. Get a template handy for your upcoming cases. And watch out for the new minimum $1,000 sanction for discovery misconduct. And some recent cases: The definitive answer whether orders on motion to enforce settlements are appealable is: Nobody has any friggin’ idea. And the answer on how t…
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CYBER UNCUT: X, the new home of crypto scams?
31:38
31:38
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In this episode of the Cyber Uncut podcast, Liam Garman, David Hollingworth, and Daniel Croft unpack a recent string of cryptocurrency-related compromises on X (formerly Twitter) and how threat actors have targeted Australian consumers over the Christmas break. The trio begin unpacking a recent post on X by the US Securities and Exchange Commission…
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Shaping the Australian Navy’s future fleet, with Professor Peter Dean, United States Studies Centre - Sydney University
17:37
17:37
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In this special Defence Connect Podcast recorded at the Indo Pacific 2023, host Steve Kuper and special guest Professor Peter Dean discuss the factors shaping the future Royal Australian Navy. The pair begin the podcast discussing the latest maritime platform revelations at the Indo Pacific International Maritime Exposition 2023, with some of the s…
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How appellate attorneys beat summary judgments, with Yisrael Gelb
41:24
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Yisrael Gelb focuses his appellate practice on helping plaintiff lawyers beat summary judgment. We talk about some of his approaches to successfully opposing summary judgment motions, including: 🔧 Look for common defects in the moving party’s separate statement 🤜 Push back on the moving party’s showing. It is often not up to snuff. Drive that point…
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Looking back on the year’s 50 episodes, we discuss some of our best guests, including our 9th Circuit correspondent, Cory Webster, our legal-writing correspondent, Ryan McCarl, our legal-movie correspondent, Gary Wax, and our inspirational public-interest appellate lawyers Chris Schandevel and Carl Cecere. There’s our legal-citation-parenthetical m…
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CYBER UNCUT: Game developer suffers data dump, and movements in online criminal enterprises
37:26
37:26
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In this episode of the Cyber Uncut podcast, Liam Garman, David Hollingworth, and Daniel Croft unpack the biggest news stories for 2023 – and dive into the recent Rhysida and ALPHV attacks. The trio begin the podcast by unpacking the latest hack against Insomniac Games by Rhysida, which saw over a terabyte of data leaked online, as well as recent mo…
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Balance critical to women succeeding in defence industry – Nathalie Sarlin, Buzzworks, Female Defence Leader of the Year 2023
24:13
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In this special episode of the Defence Connect Podcast, host Steve Kuper is joined by Nathalie Sarlin, co-founder and director at Buzzworks and the 2023 Australian Defence Industry Awards, Female Defence Leader of the Year winner. The pair begin discussing Nathalie’s journey from lawyer to defence industry business owner, mother and innovator. They…
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SPOTLIGHT: The sky’s the limit with AUKUS – Northrop Grumman Australia
21:41
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In this special Defence Connect podcast recorded at Indo-Pacific 2023, host Steve Kuper is joined by NGA chief executive Christine Zeitz and Northrop Grumman’s maritime/land systems and sensors division general manager Ingrid Vaughan and senior director for strategy and business development Tom Wears. The group begin discussing their key highlights…
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Eugene Volokh on Restraining Orders and the First Amendment
58:36
58:36
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Prof. Eugene Volokh joined us to discuss restraining orders, how many of them violate the First Amendment as unlawful prior restraints, and how you can spot the First Amendment problems. The purpose of a restraining orders is to get a person to stop harassing you, but “harassment” can be a pretty vague term—and the same goes for “bullying,” “cyberb…
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CYBER UNCUT: Getting hacked via your doorbell? Discussing XIoT with Claroty’s Leon Poggioli
42:00
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In this episode of the Cyber Uncut podcast, Leon Poggioli, ANZ regional director at Claroty, and Liam Garman unpack what the 2023–2030 Australian Cyber Security Strategy means for the industry and how businesses can build XIoT policies to mitigate the risk of penetration. • The pair begin the podcast by analysing how the 2023–2030 Australian Cyber …
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SPOTLIGHT: AUKUS, frigates and the future of the Royal Australian Navy, with Babcock Australasia CEO Andrew Cridland
37:04
37:04
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In this episode of the Defence Connect Spotlight podcast, Babcock Australasia chief executive Andrew Cridland joins host Liam Garman to discuss how Babcock is uniquely positioned to support the delivery of AUKUS Pillar I and the allied surface combatant fleet. The pair begin the podcast by unpacking Cridland’s long career in the defence industry an…
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SPOTLIGHT: Getting match fit – enhancing the ADF’s maintenance, sustainment requirements with KBR’s Nic Maan
15:41
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In this episode of the Defence Connect Spotlight podcast, Defence Connect’s Steve Kuper sits down with Nic Maan, vice-president of government solutions, APAC, at KBR, to discuss how KBR will help tackle Australia’s toughest infrastructure, services and sustainment challenges. The pair begin the podcast by discussing Maan’s distinguished career in t…
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