Law360's Pro Say - News & Analysis on Law and the Legal Industry

Ep. 329: The Pro Say Podcast Says Goodbye

Thu, 21 Dec 2023 22:18:00 -0000

On our last Pro Say episode of 2023, we're also sad to report that it is the final episode of the show. Join the hosts as we take a walk down memory lane to remember our best pop culture moments, biggest news stories, and most memorable guests from the podcast. We’re joined by a special guest and original Pro Say co-host, Bill Donahue, to help us reflect on the happy memories we have from this wonderful, engrossing experience.

Ep. 328: Google’s Antitrust Woes Linger With An Epic Defeat

Fri, 15 Dec 2023 22:17:56 -0000

Epic Games prevailed in its closely watched antitrust trial against Google this week, convincing a California federal jury that Google’s app store functions as an illegal monopoly that jacks up prices for app developers and smothers competition. This week on Pro Say we sift through the huge defeat for Google that, if upheld on appeal could transform the entire app store economy and mark a pivotal moment as the tech giant faces a slew of other antitrust suits that figure to heat up in the coming months. Also this week, the Supreme Court agrees to hear a high-stakes dispute over a lower court judge’s controversial decision to block the FDA’s decades-old approval of a common abortion drug; and a former Greenberg Traurig patent attorney escalates his defamation battle against a TikTok influencer who claims protection as a “citizen journalist.” And finally, the hosts prepare to take the Bard Exam as the Michigan attorney general leans on Shakespeare in a testy environmental case.

Ep. 327: Justices Consider The Reach Of Mass Tort Immunity

Fri, 08 Dec 2023 23:15:15 -0000

As Purdue Pharma looks to exit bankruptcy, a key part of its proposed reorganization plan has made its way to the Supreme Court: a deal by which the Sackler family pays $6 billion in exchange for a shield from future opioid crisis claims. Joining Pro Say this week is Law360 senior bankruptcy reporter Vince Sullivan, who walks us through these controversial releases and how they’ve been received by the justices. Also this week, Florida Gov. Ron DeSantis’ legal feud with Disney trudges on with a new oversight report, and former North Carolina public defender prepares for trial in a case targeting the federal judiciary’s handling of her sexual harassment complaint, with only her husband remaining as co-counsel. Finally, whether it was an innocent random prank or a targeted attack, the Ohio Supreme Court suspends an attorney for flinging a Pringles can of his own feces into a parking lot.

Ep. 326: DOJ Keeps Losing Antitrust Labor Cases. Why?

Fri, 01 Dec 2023 22:42:23 -0000

The Justice Department’s years long push to use antitrust laws to crack down on wage suppression and “no poach” agreements appears to be slowing down, as the department quietly dropped a case against a United Healthcare unit earlier this month, marking the latest in a series of losses and retreats. Joining Pro Say this week is Law360’s senior competition reporter Bryan Koenig, who will break down the steady decline of those enforcement efforts, and the DOJ’s failure to convince a single jury to convict on any labor-related antitrust criminal charges. Also this week, 3M and other manufacturers undo an 11-million member class certification in the sprawling legal fight over “forever chemicals,” and attorneys for Lizzo try to quickly escape a racial bias and harassment suit filed by her backup dancers.

Ep. 325: THANKSGIVING SPECIAL - A Plate Full Of Offbeat News

Wed, 22 Nov 2023 18:25:20 -0000

The Pro Say crew convenes to give thanks for all the unusual legal news that made us laugh this year. Join us for our annual tradition of revisiting the best of our offbeat segments, including a look at a woman who tried to get paid a reward from Lady Gaga despite involvement in dognapping the pop star’s pooches; police who sued Afroman for using an ill-fated raid as fodder for new music and merch; and the latest on Cocaine Bear, the wedding officiant.

Ep. 324: What The High Court’s Ethics Code Leaves Out

Sat, 18 Nov 2023 00:07:40 -0000

After intense public scrutiny over ethics, the U.S. Supreme Court released its first-ever code of conduct governing the behavior of the justices. The justices claim the new code codifies what they have long been doing and should dispel public misunderstandings about judicial ethics. But does it do enough? Law360 Supreme Court reporter Katie Buehler joins us to break it all down. Also this week, Law360’s senior reporter in Florida Carolina Bolado stops by discuss the strange and tragic medical malpractice case at the center of Netflix’s documentary, “Take Care of Maya,” in which a jury awarded more than $260 million in damages to the family of a young patient after finding that a hospital mistreated her and forced her mother to commit suicide. Finally, some news on a bevy of stories in legal fiction, from the big screen, to the small screen, to the stage!

Ep. 323: At Trial, SBF Was His Own Worst Enemy

Thu, 09 Nov 2023 22:12:59 -0000

Last week’s conviction of cryptocurrency fraudster Sam Bankman-Fried was fueled in part by the FTX founder’s unusual decision to take the stand in his own defense. It was an ambitious gambit that did not pay off, as Bankman-Fried now faces decades in prison for his crimes. Joining Pro Say this week in Law360 New York courts reporter Rachel Scharf to discuss SBF’s decision to take the stand and wrap up coverage of a wild monthlong trial. Also this week, the NCAA faces billions in damages as thousands of athletes challenging its name, image and likeness rights restrictions score a huge procedural win, and the Supreme Court examines whether a gun ban for individuals subject to a domestic violence restraining order violates the Second Amendment. Finally, from Aaron Judge to Lawyer Milloy, a brief tour of legal names in the wide world of sports.

Ep. 322: Meet The Lawyers Who Took On White Supremacy

Fri, 03 Nov 2023 23:24:12 -0000

The 2017 Unite the Right rally in Charlottesville, Virginia, seized the nation’s attention as a gathering of white nationalists opposing the removal of a Confederate statue soon turned deadly. What came next was a years-long legal fight to hold the rally’s organizers accountable for the violence, which was chronicled in the recent HBO documentary “No Accident.” This week on Pro Say, we’re joined by attorneys Michael Bloch and Benjamin White, who successfully litigated the case. They share details about the complex trial strategy that may lead to success in future efforts to use the legal system to fight against hate. Also this week, the real estate industry is rocked by $1.8 billion antitrust verdict finding collusion between realtors and brokerage companies to keep commission fees artificially high, and the demise of former BigLaw stalwart Stroock & Stroock offers lessons for struggling shops. Finally, it must be exhausting always rooting for the law school curriculum, as Taylor Swift steps into the world of legal academia.

Ep. 321: State AGs Fight Your Kid's Facebook Addiction

Fri, 27 Oct 2023 22:41:36 -0000

This week saw 41 U.S. states and the District of Columbia launch an all-out legal blitz against Meta, alleging that the tech giant is using addictive features to get kids hooked onto Facebook and Instagram. This week on Pro Say, the hosts break down the particulars of the suit, and how it fits into the broader push for more child-oriented safeguards on social media. Also this week, a Google executive wins a $1.2 million gender discrimination verdict, but can’t convince the jury she was illegally paid less than her male counterparts, and it’s the end of an era as the LSAT eliminates the “logic games” portion of the exam to settle a years-old lawsuit. Finally, the hosts unpack the implications of an octogenarian judge who claims he’s “too old” to have heard of 74-year-old conservative rocker Ted Nugent.

Ep. 320: The Secret Meeting That Could Unravel A Murder Case

Fri, 20 Oct 2023 22:21:54 -0000

A secret conversation held in an empty courtroom has raised ethics questions for a judge, his clerk and a local attorney. And it may lead to a manslaughter conviction being tossed. On this week’s episode of Pro Say we’re joined by Marco Poggio who fills us in on this twisty legal drama. Elsewhere this week, the Israel/Palestine conflict reverberates into the U.S. legal system, as BigLaw shops rescind job offers to students for voicing solidarity with Gaza and the government is hit with a lawsuit challenging its refugee policy. We’ll also discuss the Baltimore archdiocese’ move to seek bankruptcy protection, and what it means for sex abuse victims that thought they had a green light for suing the church. Finally, we look at an Oklahoma judge under fire for a range of improper texts with her bailiff, which mocked the appearances of attorneys and witnesses during a murder trial…AS the trial was underway.

Ep. 319: Are ‘Junk Fees’ Headed For The Trash?

Fri, 13 Oct 2023 22:42:00 -0000

The Federal Trade Commission is moving ahead with a proposal to crack down on what are commonly called “junk fees,” the often-obscured extra charges applied to concert tickets, hotel bookings and other purchases, that can cost customers upwards of $80 million per year. Joining Pro Say this week is Columbia Business School professor Vicki Morwitz, whose research into those fees and their effects on consumer behavior has informed much of the government’s response to what it considers a transparently deceptive business practice. Also this week, Robins Kaplan gets ripped for snooping around in a litigation opponent’s accidentally-shared corporate files and a Texas bankruptcy judge reveals a previously secret romantic relationship with an attorney whose former firm regularly brought cases before him. Finally, U.S. solicitor general Elizabeth Prelogar faces a grilling of a different sort on NPR’s “Wait Wait … Don’t Tell Me!”

Ep. 318: Crypto Fraud On Trial: The U.S. vs. SBF

Fri, 06 Oct 2023 22:29:06 -0000

The criminal fraud trial of FTX founder Sam Bankman-Fried is underway in Manhattan, with prosecutors making the case that SBF looted billions of dollars from the crypto exchange before its ultimate collapse last year. Joining Pro Say this week is Law360 New York courts reporter Rachel Scharf, who explains that the case will ultimately turn on whether the government can show that the fallen crypto mogul willfully shuffled money from the exchange to his hedge fund and how testimony from FTX insiders could make or break the case. Also this week, we shine a light on a few new cases taken up by the Supreme Court, including thorny disputes over social media content moderation policies, SEC disclosure rules, and time limits on claiming copyright infringement damages.

Ep. 317: Pro Say’s Supreme Court Cheat Sheet

Fri, 29 Sep 2023 23:50:56 -0000

The Supreme Court justices return to the bench on Monday for a new term that’s shaping up to be an impactful one, with issues ranging from gun ownership rights in domestic violence cases, to the legality of administrative courts and the First Amendment implications of public officials blocking critics on social media. Let this episode of Pro Say be your guide for the term as we talk about all the major cases and storylines with special guest and prolific Supreme Court litigator Carter Phillips from Sidley Austin. Also this week, the Federal Trade Commission finally brings down the antitrust hammer on Amazon, and former President Donald Trump is found liable for fraud in a high-profile civil case brought by the New York attorney general.

Ep. 316: The Fishing Case That Could Reel In Chevron

Fri, 22 Sep 2023 22:40:45 -0000

A dispute over a relatively obscure fishing industry rule is attracting considerable buzz ahead of the upcoming Supreme Court term, as the justices will consider whether to overturn their decades-old precedent providing leeway to federal regulators. The so-called Chevron deference requires courts to defer to agencies’ interpretations of ambiguous laws, and has been a target for mostly conservative activists who fear it gives the executive branch too much power. Joining Pro Say this week is Law360’s senior environmental reporter Juan Carlos Rodriguez, who will break down the case and what’s at stake for this administrative law bedrock. Also this week, Walgreens accuses Crowell & Moring of serious ethical breaches in a nine-figure arbitration fight, and lawsuits roll in after the FDA declares that over-the-counter decongestants don’t do too much decongesting.

Ep. 315: How A 'Cruel And Unusual' Felon Voting Ban Fell Apart

Fri, 15 Sep 2023 23:34:06 -0000

A remarkable Fifth Circuit opinion recently concluded that Mississippi’s permanent ban on voting rights for convicted felons is cruel and unusual punishment that violates the Constitution. The ruling energized a growing nationwide advocacy movement against felon disenfranchisement, but it’s not without its detractors either, who argue the opinion conflicts with existing precedent and could throw voting regimes in many states into disarray. On this week’s episode of Pro Say we welcome Law360 feature reporter Jack Karp to explain how the Fifth Circuit reached its conclusion, what it could mean and just how quickly the U.S. Supreme Court may weigh in. Also this week, we examine the latest defeat of a Consumer Financial Protection Bureau policy meant to combat discrimination in consumer banking practices, and a novel copyright lawsuit brought by authors who allege that OpenAI and other artificial intelligence platforms are using their works to learn without permission. Finally, a recent profane outburst from disgraced attorney Tom Girardi in court prompts our hosts to share their own embarrassing tales of swearing at inappropriate moments.

Ep. 314: What Is A Monopoly? Google It

Fri, 08 Sep 2023 21:24:42 -0000

A landmark trial kicks off next week with the federal government squaring off against tech giant Google. The government says Google has abused its power over online searches to smother competition. On this week's episode of Pro Say, we're joined by Law360 senior antitrust reporter Bryan Koenig to give us a preview of the government's first monopoly trial since its historic case against Microsoft in the late ‘90s. Also this week we tackle ethics issues at the state and federal level. First, we discuss Texas Attorney General Ken Paxton's impeachment trial before the state senate; then we unpack the ethics complaint one senator has leveled against Justice Samuel Alito. And finally, we preview our new sister podcast, Approach The Bench, featuring insightful interviews with sitting judges.

Ep. 313: From BigLaw To The Bachelorette

Fri, 01 Sep 2023 21:09:26 -0000

After more than six years of quiet obsession over the attorneys and other legal pros who appear on The Bachelor and Bachelorette, Pro Say brings you an exclusive interview with one such contestant. We’re joined this week by Mayer Brown associate James Pierce, who was one of roughly two dozen suitors vying for the affections of Charity Lawson on the most recent season of the Bachelorette. James dishes on what his BigLaw bosses thought of his detour into reality television, how his legal training informed his time on the show, and what his life has been like since returning to the real world. Also this week, the ABA hits back against attacks on law firm diversity programs, and 3M settles the largest mass tort litigation in U.S. history for $6 billion, while also advancing a $12.5 billion settlement in another case….all on the same day.

Ep. 312: As Maui Burns, Power Companies Land In Court

Fri, 25 Aug 2023 21:45:59 -0000

Lawsuits accusing Hawaii’s power companies of negligence have already started to trickle in following one of the deadliest wildfires in history that ravaged Maui and killed more than 100 people, and legal experts believe that hundreds if not thousands more may follow. On this week’s episode of Pro Say, Law360 product liability senior reporter Emily Field talks us through what the potentially historic litigation could look like and how it might play out based on similar tragic wildfire incidents we’ve seen in the recent past. Also this week, an en banc ruling from the Fifth Circuit expanding the scope of actions that constitute employment discrimination; an artist’s losing battle at the Second Circuit over a Vermont law school’s right to obstruct the view of a controversial mural; and finally, a New Jersey judge finds himself in hot water for lip-syncing vulgar lyrics on Tik-Tok from the courthouse.

Ep. 311: An Alleged Predator At GMU Law

Fri, 18 Aug 2023 22:54:25 -0000

Two women lawyers told Law360 that former Federal Trade Commission member and George Mason University law professor Joshua D. Wright abused his power in order to engage them in sexual activity. On this week's Pro Say podcast we discuss details of the alleged misconduct that began while they were his students and later continued when they were his subordinates at the FTC and at a BigLaw firm. Also this week we talk about MLB umpire Angel Hernandez losing a racial bias suit over his lack of prestigious assignments and Hyundai and Kia's $145 million deal with drivers claiming they were sold cars that are vulnerable to theft.

Ep. 310: The Power Of Court Compels You

Fri, 11 Aug 2023 22:20:09 -0000

What began with a simple court order for Southwest Airlines to issue a statement vowing to uphold the religious protections in Title VII of the Civil Rights Act has escalated to a bitter feud in Texas federal court, where a judge has sanctioned three of the company’s attorneys with an edict to undergo “religious liberty training.” On this week’s episode of Pro Say we talk through the full story of the underlying case, how it escalated to an unusual demand from the judge and the upcoming appeal that the airline has promised at the Fifth Circuit. Also this week, an escalation in the already-bitter dispute between 96-year-old Federal Circuit Judge Pauline Newman and a panel of her colleagues who suggested she be suspended from hearing all cases for a year. And finally, the ongoing beef between YouTube star MrBeast and a promotional restaurant serving his personal burger heated up this week when he was countersued for claiming the food was inedible and ruined his online reputation.

Ep. 309: Pressure Points In The Case Against Trump

Fri, 04 Aug 2023 21:52:19 -0000

The latest criminal indictment against Donald Trump paints a detailed picture of the former president’s efforts to overturn the results of the 2020 election by spreading misinformation and pressuring state and federal officials to break the law. The four counts brought by special counsel Jack Smith turn on a number of unique laws and theories, including obstruction charges that have also surfaced in the Jan. 6 prosecutions and a voter intimidation statute first drafted to target the KKK in the late 19th century. Columbia law professor Richard Briffault joins Pro Say this week to break down the indictment and a few of its more intricate elements. Also this week, an application of the Supreme Court’s recent decision on religious accommodations to a teacher fired for refusing to use a transgender student’s preferred pronouns, and California suspends 1,700 attorneys for failing to comply with new rules about client trust accounts.

Ep. 308: Biden’s Asylum Restrictions Got Tossed. What Now?

Fri, 28 Jul 2023 22:15:10 -0000

This week saw a California federal judge block the Biden administration’s attempt to place new restrictions on asylum seekers, ruling that the White House cannot curtail where and how migrants fearing persecution in their home countries can seek shelter in the U.S. Joining Pro Say this week is Law360 senior immigration reporter Britain Eakin to explain why the court faulted the Biden administration, and what the ruling means for the future of asylum law as the government continues to push its policy on appeal. Also this week, a D.C. federal judge ordered Covington & Burling to reveal seven of its clients to assist the government with investigations stemming from a cyberattack from the firm, despite objections from dozens of BigLaw shops who see the move as threat to attorney-client privilege. Next, the 11th Circuit shifts from its very recent precedent to rule that a single unwanted text message is enough to bring a consumer protection claim. Finally, it’s time to talk “Barbenheimer,” as Alex and Hailey break down all the legal tendrils of the movie event of the year.

Ep. 307: Courts Wade Into Online ‘Disinformation’ Battle

Fri, 21 Jul 2023 22:12:51 -0000

The Biden administration’s efforts to combat “disinformation” online by coordinating with tech giants have long been the subject of partisan sniping, but are now at the center of a testy legal battle that has already yielded a number of twists and turns. First came a 155-page ruling from a Texas judge on the Fourth of July barring the White House from certain engagements with social media companies, which was quickly halted this week by the Fifth Circuit. But the litigation appears poised to settle pressing questions about the government’s role in policing speech online. Also this week, Tesla executives agree to pay back $735 million to settle a stockholder suit accusing them of receiving “outrageous” compensation packages, and the Ninth Circuit revisits a crucial precedent to allow the embedding of Instagram posts without fear of copyright violations. Finally, a truce in the taco marketing wars as “Taco Tuesday” returns to the people.

Ep. 306: Microsoft Levels Up In Merger Game Against FTC

Fri, 14 Jul 2023 21:35:48 -0000

Microsoft, the maker of XBox, and Activision Blizzard, creator of Call of Duty, cleared an early stage this week in the multilevel game of getting their $68.7 billion dollar merger approved. The gaming giants saw a California federal judge refuse the Federal Trade Commissions’ move to block the merger, but the government is appealing and other countries aren’t sold on the tie-up either. We discuss what it will take to beat the merger challenge game. Also this week, we talk with Law360 senior reporter Jack Karp, who has been investigating the struggle to clear old felony pot convictions under New York’s recent law legalizing marijuana. Finally, we break down a recent fight between Twitter and law firm Wachtell Lipton Rosen & Katz over fees the BigLaw firm charged last year related to Elon Musk’s $44 billion acquisition.

Ep. 305: United Or Divided? A Podcast Roundtable On The High Court

Thu, 06 Jul 2023 20:23:30 -0000

Another U.S. Supreme Court season is in the books, and while the final week of opinions featured some supermajority holdings along party lines on divisive issues like affirmative action and gay rights, we also saw a number of decisions with unexpected lineups on issues like voting rights and religious freedom. This week, the hosts of both Pro Say and The Term team up to discuss the surprising unanimity we saw in many of the justices’ opinions, the impact we should expect following some of the blockbuster opinions handed down in the final week, and finally what, if anything, we can take away from the ethics conversation that dominated the headlines throughout the term.

Ep. 304: Want The Sabbath Off? High Court Makes It Easier

Fri, 30 Jun 2023 23:09:21 -0000

Among its flurry of blockbuster end-of-term decisions, the U.S. Supreme Court has ruled in favor of an Evangelical postal worker who objected to working on Sundays due to religious reasons. The high court held that the Third Circuit shouldn’t have found that the USPS lawfully denied the worker’s religious accommodation request, raising the bar on what kind of accommodation is so burdensome that an employer cannot be expected to honor it. On this week’s Pro Say, Law360 Employment Authority editor-at-large Vin Gurrieri walks us through the ruling, what it means for employers and the lingering questions in its wake. Also this week, the slow unraveling of federal prosecutors’ $140 million healthcare fraud case in Texas and a looming retrial. Next, we dig into 3M’s massive, $12.5 billion settlement over drinking water contamination from so-called forever chemicals, the largest deal over drinking water in U.S. history. Finally, a Mayer Brown associate is competing on the latest season of “The Bachelorette.”

Ep. 303: Tennessee’s AG On Drag Shows, Guns And Climate

Fri, 23 Jun 2023 23:03:00 -0000

Tennessee Attorney General Jonathan Skrmetti has had a busy first year as the Volunteer State’s top legal officer. A keynote speaker at this year’s Burton Awards, which recognize excellence in the law, Skrmetti joined Pro Say to talk about his defense of anti-drag show legislation, gun rights and the delicate balance between litigation and policy work. Also at the Burton’s, former Supreme Court Justice Stephen Breyer opens up about originalism, his label as a pragmatist and potential reforms to the high court. This week’s episode also features a sitdown with World Justice Project Executive Director Betsy Andersen, who discussed the rule of law and its application to Russia’s invasion of Ukraine. Finally, former Library of Congress general counsel Elizabeth Pugh joins the show to discuss what it means to be the top lawyer of the country’s oldest federal cultural institution and the legacy of Nicolas Cage’s National Treasure on the duty of federal recordkeeping.

Ep. 302: The Trump Indictment’s Legal X Factors

Fri, 16 Jun 2023 23:00:48 -0000

Former President Donald Trump has once again been indicted, this time by a special federal prosecutor honing in on Trump’s stashing of sensitive documents after he left office. This week on Pro Say, the hosts break down the charges against Trump and shine a light on two men who figure to loom large as the case surges ahead: Trump’s personal aide and co-defendant Walt Nauta and his attorney M. Evan Corcoran. Also this week, a white former Starbucks manager wins $25.6 million after proving that she was illegally fired following the arrests of two Black men in a Philadelphia location sparked public outrage. Next, JPMorgan Chase agrees to pay $290 million for its role in bankrolling Jeffrey Epstein’s sex crimes. Finally, Alex shares a book recommendation that tackles the finer points of England’s 18th century naval court martials.

Ep. 301: Golf’s Big Truce Isn’t Out Of The Woods Yet

Fri, 09 Jun 2023 23:25:25 -0000

The bitter legal dispute that has swallowed up the golf world for the past year vanished in a flash this week, as the PGA Tour and its Saudi-backed rival LIV Golf rolled out a blockbuster agreement to join forces. The union would create a new golf organization, the exact shape of which is still taking place. Those particulars will be crucial, as any arrangement between the former competitors is likely to get a long look from antitrust watchdogs and national security regulators. This week on Pro Say we break down what the deal means for the legal fracas and the blowback over the PGA Tour’s new close ties with the Saudi government and its litany of alleged human rights abuses. Also this week, the law firm founded by a former Lewis Brisbois team has effectively collapsed after a month following the revelation of racist and sexist emails from its named partners, and parents fighting Florida’s ban on medical care for transgender adolescents get an initial win. Finally, a New York attorney is indicted for a scheme to steal 250,000 pairs of pants.

Ep. 300: A Texas-Sized Impeachment Gambit

Fri, 02 Jun 2023 22:25:47 -0000

Already impeached over a raft of ethics violations, Texas Attorney General Ken Paxton is expected to pursue an unusual legal argument to exonerate himself in the state senate: that voters knew about his purported misdeeds and voted him into office anyway. The so-called “voter forgiveness” doctrine has roots in Texas caselaw, but looks to be a longshot for Paxton. Joining Pro Say this week to lay out Paxton’s dilemma and his unique legal calculus is Law360 editor-at-large Andrew Strickler. Also this week, rapper T.I.’s intellectual property suit against a series of dolls comes up short, and the bar exam gets a post-pandemic facelift. Finally, ChatGPT can certainly write a legal brief faster than you can, but it might also cite to cases that don’t exist. It’s a Faustian thing.

Ep. 299: The Hot New TikTok Trend Is Suing Montana

Fri, 26 May 2023 22:38:03 -0000

Montana’s decision to ban the popular social media app TikTok has drawn fierce legal backlash, with the company itself and some of its most prominent users immediately suing to reverse the unprecedented ban. This week on Pro Say, the hosts break down the testy litigation brewing in Montana, and how battles over prior attempts to ban the app might inform the saga to come. Also this week, South Carolina attorney Alex Murdaugh, already sentenced to life in prison for murdering his wife and son, gets rung up on new charges of defrauding clients, and a pair of Biden administration judicial nominees bow out within a week of one another. Finally, Amazon’s formatting flub prompts a roundtable discussion on the misadventures of page limits, margins and footnote alignment.

Ep. 298: A 95-Year-Old Judge Is At War With Her Court

Fri, 19 May 2023 20:47:59 -0000

The Federal Circuit is in the middle of a sensitive inquiry to determine whether 95-year-old judge Pauline Newman is mentally fit to remain on the bench in light of what colleagues have termed “bizarre” and “paranoid” behavior from the judge. Tensions on the court are running high, as Newman has now filed a lawsuit against the court arguing that the investigation into her fitness violates her constitutional rights. Joining Pro Say this week to lay out the saga in full and explain its ramifications for court is Law360 editor-at-large Ryan Davis. Also this week, Proskauer Rose LLP cannot escape a malpractice suit claiming it botched a client’s nine-figure hedge fund stake with sloppy contract drafting, and the top federal prosecutor in Massachusetts steps down amid a series of vast ethics investigations. Finally, Alex and Hailey have one shot, one opportunity to seize everything you ever wanted: To give you an update on how 8 Mile is coloring the defamation dispute between Michael Rapaport and Barstool Sports. Will they capture it? Or just let it slip?

Ep. 297: Untangling Trump’s Sexual Assault Verdict

Fri, 12 May 2023 23:07:18 -0000

A Manhattan jury has found Donald Trump liable for sexually abusing writer E. Jean Carroll and then defaming her with his subsequent denials, following a contentious and sometimes ugly trial in federal court. Law360’s New York court reporter Frank Runyeon joins the show this week to break down the trial, which resulted in an order for Trump to pay Carroll $5 million in damages. Also this week, the controversial Republican Congressman George Santos is rung up on a bevy of fraud charges, and the government’s ‘Varsity Blues’ prosecution takes a hit after two parents swept up in the college admissions scandal see their convictions reversed. Finally, the hosts examine the apparent difficulty in serving Shaq with court papers.

Ep. 296: A Green Light For More Ed Sheeran Songs

Fri, 05 May 2023 23:06:50 -0000

It’s not every day an international pop star plays guitar on the stand. But that’s precisely what happened just before a New York jury decided that Ed Sheeran’s 2014 ballad “Thinking Out Loud” did not infringe on Marvin Gaye’s iconic hit “Let’s Get it On.” This week on Pro Say, the hosts probe the latest in a series of copyright decisions that have kept the pop music scene on its toes. Also this week, Law 360 senior reporter Nathan Hale cuts through the politics and explains exactly what is going on in the legal fracas between the Walt Disney Company and Florida Gov. Ron DeSantis. Also, the Justice Department comes up empty in its push against anti-poaching deals in the defense sector, the latest in a downward trend for the government’s labor-side antitrust efforts.

Ep. 295: Pro Say's 2023 Fictional Lawyers Draft

Sat, 29 Apr 2023 03:56:45 -0000

If you were building a fictional legal dream team, who would you include? That's the question we try to answer on this week's episode, as the hosts draft a roster of fictional lawyers. The Pro Say gang looks to the world of television and film to build a legal dream team with five categories: general counsels and fixers; defense counsel; plaintiffs' attorneys and prosecutors; judges; and wild cards. Will first round picks include heroes like Atticus Finch or Elle Woods, an inspiration to legions of women in the law? Do the hosts have any unexpected surprise picks in store? Tune in this week to find out.

Ep. 294: Lights, Camera, Objection! The Lawyers Behind ‘Jury Duty’

Fri, 21 Apr 2023 22:56:26 -0000

No one loves participating in jury duty, but would you like it more if you found yourself empaneled with actor James Marsden? How about if after weeks of hearing a case you found out the entire endeavor was an elaborate hoax, where the case is fake, everyone around you is an actor, and you are the only one who didn’t know. That's the premise of Amazon Freevee's new comedy, “Jury Duty,” and on this week's Pro Say we sit down with three of the show's stars who are also real-life attorneys. Also this week we discuss the $787.5 million settlement that resolves the Fox News-Dominion defamation saga and what legal headaches still remain for the network.

Ep. 292: The Manhattan DA Usually Wins. Will Trump?

Sat, 08 Apr 2023 00:24:00 -0000

By now you’ve certainly heard about the historic prosecution of Donald Trump, as the former president pleaded not guilty this week to a rash of charges stemming from an alleged hush money payment to adult film star Stormy Daniels in the run-up to the 2016 presidential election. Law360 New York courts reporter Frank Runyeon was in the room when Trump entered his plea and joins Pro Say to discuss that scene as well as his extensive reporting about criminal prosecutions in Manhattan court and what they portend for Trump. Also this week, Dominion gets a partial win in its defamation suit against Fox News ahead of trial, and a right-wing Twitter influencer is convicted of election interference. Finally, a police raid on the home of iconic rapper Afroman spawns a song, a music video and a heated lawsuit.

Ep. 291: The Robots Have Come For The Legal Industry

Fri, 31 Mar 2023 22:16:23 -0000

Artificial intelligence has swept across the culture, animating everything from philosophy to linguistics to cooking, and the legal industry is no different. This week on Pro Say, the hosts dive deep into whether and how lawyers are grappling with how to deploy generative AI tools like ChatGPT into their work across a number of areas. Legal aid groups have been eager to use AI, often covering for small staffs and budgets to farm legal services out to those that can’t afford them through traditional channels. Also, we explore the travails of one company that may have played fast and loose with the use of a “robot lawyer” to resolve legal issues. Finally, an appropriately blithe accounting of the Gwyneth Paltrow skiing crash trial.

Ep. 290: What Exactly Does Litigation Funding Buy You?

Fri, 24 Mar 2023 22:34:00 -0000

The litigation finance industry has boomed over the past several years, with investors looking to bankroll contentious cases in the hopes of securing a big payday. But what happens when the financiers begin to take a heavy hand on case strategy? That question is at the center of a new suit against litigation funding behemoth Burford Capital, which has been accused of blocking a client from accepting “reasonable” settlement offers. Joining Pro Say this week is Law360’s Hannah Albarazi who will discuss the case against Burford and its implications for the lucrative litigation funding industry. Also this week, a feud between Littler Mendelson PC and one of its former attorneys over allegations of stolen documents has spilled into the courtroom and onto social media. Plus, a Delaware judge prepares to rule in a bitter dispute between Dominion Voting Systems and Fox News over the network’s reporting on false claims that the voting technology company meddled in the 2020 presidential election.

Ep. 289: A Silicon Valley Bank Autopsy

Fri, 17 Mar 2023 22:36:08 -0000

Last week’s collapse of Silicon Valley Bank has jolted the economy, forcing the government to step in and attempt to restore order after the largest bank failure since the 2008 financial crisis. Now, politicians, regulators and SVB customers hope to stave off another banking calamity. Joining Pro Say this week is Law360’s senior banking reporter, Jon Hill, to explain how and why SVB failed, and what its implosion means for tech, finance and the economy at large. Also this week, a California appeals court backs a law allowing tech giants like Uber and Lyft to classify their workers as contractors and not employees, and a Texas judge appears ready to strip a crucial abortion drug of its FDA approval. Finally, the hosts’ wine glasses runneth over with legal news from the Bravo reality television universe.

Ep. 288: The Struggle To Revise DC's Criminal Code

Fri, 10 Mar 2023 22:26:36 -0000

A years-long push to update the District of Columbia’s century-old criminal code landed with a thud this week as the U.S. Senate resoundingly defeated a suite of proposed amendments that would have reset sentencing guidelines and lowered penalties for certain crimes. On this week’s episode of Pro Say we welcome Law360 reporter Katie Buehler to explain how we got here, and what comes next in the heated debate over crime in the nation’s capital that has underscored the district’s unique hurdles to self-governance. Also this week, “M&A Day on Pro Say” kicks off a bid to scuttle the proposed merger between JetBlue and Spirit Airlines by federal regulators who say it’ll drive up flight costs. We then turn to New York BigLaw fixture Shearman and Sterling, which this week called off a rumored merger with Hogan Lovells and could face some difficulties moving forward. Finally, one of the alleged co-conspirators in the theft of Lady Gaga’s two french bulldogs has now sued the singer over unpaid reward money.

Ep. 287: The Twists And Turns Of The Murdaugh Trial

Sat, 04 Mar 2023 01:07:31 -0000

It’s been hard to look away from the fascinating, bizarre and tragic trial of disgraced South Carolina attorney Alex Murdaugh, who was convicted this week of murdering his wife and son. This week, Pro Say is joined by Law360 senior trials reporter Cara Salvatore, who has been covering every twist and turn. Salvatore walks us through the big revelations that shaped the trial and led to the jury’s decision. Also this week, the International Trade Commission is weighing a potential import ban on Apple Watches after finding that Apple infringed a Masimo patent covering technology for measuring oxygen in the blood. And we break down an invitation for the Supreme Court justices to make some entertaining connect-the-dots drawings.

Ep. 286: Data Collection Goes To White Castle

Fri, 24 Feb 2023 23:30:34 -0000

The already heated debate over biometric data collection saw a jolt last week as the Illinois Supreme Court ruled that privacy claims pile up with each unlawful logging of employee data, potentially putting employers on the hook for astronomical damages. Joining Pro Say this week is Chicago court reporter Celeste Bott to break down the Prairie State’s high court ruling and what it could mean for workplace tracking disputes. Also this week, two plaintiffs’ firms trade blows over a Facebook antitrust case, and the DOJ files charges against an ex-con for his purported impersonation of a private equity GC and BigLaw pro. Finally, the hosts examine the tortured legal connections of this week’s most anticipated movie release, “Cocaine Bear.”

Ep. 285: The Legal Aftermath Of The Ohio Train Disaster

Fri, 17 Feb 2023 23:57:47 -0000

The weeks since the disastrous derailment of a Norfolk Southern freight train carrying toxic chemicals have seen a flurry of lawsuits from residents and business owners in and around East Palestine, Ohio. On this week’s Pro Say, we’re joined by Ohio courts reporter Eric Heisig, who breaks down the legal blowback as well as what’s likely to come as we learn more about what exactly went awry and what it means for the region. Also on the show, we dig into Alec Baldwin’s efforts to get a special prosecutor booted from New Mexico’s case against him over the “Rust” shooting; the resignation of the Federal Trade Commission’s lone Republican member; and a clerk of court fired over a butt dial.

Ep. 284: Rick Astley: Never Gonna Lend His Vibe

Fri, 10 Feb 2023 23:42:49 -0000

The sensation of being RickRolled is unmistakable, thanks in no small part to the distinct timbre of the voice Rick Astley on full display in his 1987 smash Never Gonna Give You Up. But now, Astley is locked in a battle with rapper Yung Gravy, who mimicked the singer’s voice in a way that Astley says violates his publicity rights. On this week’s Pro Say, the hosts break down Astley’s legal gambit and explain why the suit may face an uphill climb. Also on this week’s show, French fashion house Hermes defeats an LA designer who used images of its iconic Birkin bags in a line of NFTs, and an Ohio judge gets slapped with a $1.1 million verdict for firing a Jewish staff attorney after she asked for eight days off to observe the High Holidays. Finally, the hosts discuss the troubling rise of Legal Reporter Brain, a condition that has left them unable to engage with pop culture in a traditional manner.

Ep. 283: Using Bankruptcy To Duck Mass Torts Just Got Harder

Fri, 03 Feb 2023 23:41:29 -0000

This week the Third Circuit said Johnson & Johnson can’t use the “Texas two-step” to create a talc unit to spin off billions of dollars in liability and then immediately file for bankruptcy protection. The controversial maneuver has faced scrutiny in other suits as well, and this week we’re joined by Law360 senior bankruptcy reporter Vince Sullivan to talk about what the ruling means for J&J and beyond. Also on this week’s show, we discuss a federal grand juries indicting Tom Girardi for allegedly stealing millions from his clients; the Second Circuit reining in the power of Manhattan federal judge Jed Rakoff to use discretion in voir dire; and we weigh in on some new social “laws” to live by.

Ep. 282: Courtside to Courtoom: Inside MSG’s Attorney Ban

Fri, 27 Jan 2023 23:38:29 -0000

An ugly turf war is playing out at some of New York City’s most hallowed venues, with Madison Square Garden as the epicenter of the dispute. The storied arena’s owner, James Dolan, has barred attorneys litigating against his various business interests from entering the Garden, enforcing the policy with cutting edge facial recognition technology and inviting a flood of litigation from the aggrieved lawyers. On this week’s Pro Say, we’re joined by attorneys Benjamin Noren and Joe Polito of Davidoff Hutcher & Citron, who have found themselves in Dolan’s crosshairs, to break down the mechanics of this ban and their fight to undo it. Also this week, the Justice Department muscles up against Google with a new antitrust suit over the company’s advertising technology, and former Whole Foods employees suffer another setback in their legal fight against the company’s decision to fire them for donning Black Lives Matter facemasks on the job. Finally, we envision a dinner party at the home of legal fiction luminary John Grisham.

Ep. 281: SEC’s Cyber Enforcement Vs. BigLaw’s Client Privacy

Fri, 20 Jan 2023 23:09:31 -0000

This month the Securities and Exchange Commission sued law firm Covington & Burling claiming it needed a list of clients that were impacted by a 2020 cybersecurity breach attributed to Chinese spies. The feds say they need the list to determine whether any securities laws were broken following the hack, but Covington is fighting back, arguing the disclosure would run afoul of attorney client privilege. On this week’s episode of Pro Say, Law360 cybersecurity reporter Ben Kochman joins us to discuss where both sides stand in this fascinating showdown between the SEC and BigLaw. Also this week, New York’s former state chief judge lands in hot water over a mountain of taxpayer expenses that may not have been approved; the blogging habits of disgraced FTX founder Sam Bankman-Fried make life difficult for his attorneys; and finally, the latest legal effort by everyone’s favorite litigious rapper Lil Wayne proves unsuccessful.

Ep. 280: The Looming Battle Over Noncompete Deals

Fri, 13 Jan 2023 23:15:35 -0000

Decades of tension over the use of noncompete agreements in the workplace has bubbled over to start the year with a Federal Trade Commission proposal to ban those agreements across the board. The early-stage move drew cheers from the labor movement and threats of swift litigation from the powerful business lobby, teeing up a fierce legal and political clash in the coming months. Law360 competition reporter Bryan Koenig joins Pro Say this week to lay out the specifics of the FTC’s bombshell proposal and the likely battles that lie ahead. Also this week, Real Housewives star Jen Shah gets 6.5 years in prison for her role in a telemarketing scam and the Fifth Circuit strikes down a ban on “bump stocks” meant to accelerate the firing of semi-automatic rifles. Finally, a mysterious interloper in the elite publishing world is rung up on fraud charges for stealing manuscripts and impersonating literary figures to mysterious ends.

The Law School Promise Ep. 2: Does Law School Deliver?

Thu, 05 Jan 2023 17:00:00 -0000

The Pro Say podcast is taking a break this week for the holiday. In its place, please enjoy Law360 Explores: The Law School Promise, a two-part series looking at whether the structures of legal education are working. In Episode 2, we take our seats inside the prestigious legal classroom, where law professors teaching a century-old curriculum engage in Socratic dialogue to shape you into thinking like a lawyer. But is that the most effective way of teaching, for all students? On this episode, we investigate how outdated methods like one final exam and cold calling can negatively impact students, and some of the ways that legal education reforms could change the curriculum for the better.

The Law School Promise Ep. 1 : The Pipeline To The Legal Profession

Thu, 29 Dec 2022 17:00:00 -0000

The Pro Say podcast is taking a break this week for the holiday. In its place, please enjoy Law360 Explores: The Law School Promise, a two-part series looking at whether the structures of legal education are working. In Episode 1 we start with the rigorous admissions process that includes not just letters of recommendation and statements of purpose, but the notoriously arduous LSAT exam. An exceptional score can open doors at the nation’s most prestigious universities, but is it the fairest way to measure candidates’ potential? We investigate whether the law school admissions process makes sense, and whether a system that emphasizes a test score so heavily is leaving qualified law school applicants behind.

Ep. 279: The Legal News That Captivated Us In 2022

Fri, 16 Dec 2022 21:58:57 -0000

Another year, another deluge of legal news, and as usual, the Pro Say gang has you covered. This week’s show is a look back at a whirlwind of judicial activity, headlined by a historic Supreme Court term that saw 50 years of abortion rights precedent wiped away, gun rights expanded and stirred a feverish debate over the institution of the court itself. We’ll also walk through a handful of highly publicized trials that had both excerpts and non-experts buzzing, including defamation cases against Alex Jones and Johnny Depp, and the continuing lengthy trudge of the Theranos fraud saga. Finally, no year-end legal news recap would be complete without a dive into the many continuing legal entanglements of former President Donald Trump, including a federal raid on his private residence and not one but two tax and corruption actions against his business empire.

Ep. 278: Did You Hear The One About The Racist Mall Santa?

Fri, 09 Dec 2022 23:31:47 -0000

The Supreme Court is once again examining the line between LGBTQ+ discrimination and religious freedom, this time in the case of a Colorado web designer looking to establish her right to refuse service to same-sex couples. That conflict prompted a range of hypothetical questions from the high court at this week’s oral arguments, ranging from amusing to uncomfortable, all of which underscored the justices’ close scrutiny of the dispute. This week, Law360’s Supreme Court reporter and co-host of The Term, Jimmy Hoover, joins Pro Say to talk about the case and what the court’s unique questioning style might reveal about its future. Also on this week’s show, Hertz forks over $168 million to settle hundreds of claims that saw some of its customers jailed over false car theft claims, and the man who appeared naked as a baby on the cover of Nirvana’s “Nevermind” pleaded with the Ninth Circuit to keep his child pornography case alive. Finally, the Pro Say crew once again dives into the depths of Taylor Swift fandom as they break down a suit over Ticketmaster’s failure to account for the overwhelming popularity of this generation’s premier millennial songstress.

Ep. 277: A Historic Concussion Suit Comes Up Short

Fri, 02 Dec 2022 23:54:00 -0000

A historic challenge to the NCAA over its purported failure to warn college athletes about the dangers of repetitive head injuries fizzled in California state court last week as a jury found that the organization was not liable for the death of a former USC linebacker who was posthumously diagnosed with CTE. This week on Pro Say, the hosts break down the first-ever CTE-related wrongful death suit against the college athletics body to reach a jury and consider whether the organization’s win muddies the water for any future challenges. Also on the show, Google faces down a class of 21 million consumers accusing the tech giant of monopolizing the app distribution market on Android devices, and a testy battle between Jack Daniel’s and a dog toy company may bring clarity to the tension between protecting trademarks and safeguarding free speech. Finally, the gang spotlights a brand new Law360 podcast that explores whether law school is actually delivering on what it promises to students.

Ep. 276: THANKSGIVING SPECIAL - A Serving Of Offbeat News

Wed, 23 Nov 2022 18:04:26 -0000

It’s time once again for one of Pro Say’s grandest traditions, as the hosts gather round and give thanks for another crop of legal oddities. This year delivered a bounty, as the crew offers an update on the curious case of the Ana de Armas movie trailer that wasn’t and revisits the fecal rage of a former court officer directed at an Ohio congressman. Finally, a look back at the legal morass caused by an artist’s construction of a wall of cheese near the U.S.-Mexico border, complete with a look behind the scenes at the podcasting quagmire that almost swallowed the segment whole.

Ep. 275: The Legal Fallout Of The FTX Fiasco

Sat, 19 Nov 2022 00:09:58 -0000

One of the cryptocurrency market’s largest exchanges collapsed in particularly stunning fashion last week after some questionable financial entanglements came to light, leading to a “run on the bank” and ultimately the loss of FTX’s $32 billion value. On this week’s episode of Pro Say, we’re talking you through all the legal elements of the FTX fiasco, including the numerous government investigations now underway, how much liability the company’s owner and some celebrity brand ambassadors may be on the hook for, and what this all means for the future of crypto. Also this week, an independent labor activist has filed a charge accusing the Brooklyn Nets of violating federal labor law when it suspended Kyrie Irving; and Law360 Editor at Large Chris Villani stops by the show to discuss yet another turn in the Varsity Blues college admissions scandal, as the First Circuit appears ready to walk back convictions of two implicated parents.

Ep. 274: Blue Checks, Pink Slips: The Twitter Saga Continues

Thu, 10 Nov 2022 22:50:16 -0000

Elon Musk’s takeover of Twitter wiped away one thorny lawsuit over his attempts to back out of the deal, but his rough start at the helm of the social network has spawned a new host of legal problems. On this week’s Pro Say, the hosts examine Musk’s decision to lay off thousands of Twitter’s workers, which has invited new litigation from former employees who say they were not given proper notice that they’d soon lose their jobs. Also on this week’s show, a rundown of some big-ticket ballot initiatives decided during Tuesday’s midterm elections, including measures covering reproductive rights, cannabis legalization and sports betting. Next, the founder of Barstool Sports sees his defamation case against a media company that published stories about his purported sexual misconduct thrown out. Finally, new trademark lawsuit just dropped, as Drake and 21 Savage take heat from Conde Nast over a bogus Vogue cover meant to promote their new album.

Ep. 273: The Antitrust Brawl Rocking The Publishing World

Sat, 05 Nov 2022 00:09:50 -0000

A $2.2 billion merger between Penguin Random House and Simon & Schuster has been put on ice after a federal judge found that the tie-up poses a likely threat to the market for publishing top-selling books. The ruling came after a three-week trial that saw testimony from literary giants like Stephen King who warned against the dangers of consolidation in the publishing industry. Joining Pro Say this week to break down the trial and the fallout from the merger’s blocking is Law360’s senior competition reporter, Matt Perlman. Also this week, a Seattle attorney faces potential discipline for fabricating an entire news outlet as part of his effort to force the payout of an $18 billion arbitration award against Chevron, and a popular YouTube lawyer sues for defamation against a website publisher who questioned his credentials. Finally, none other than Arnold Schwarzenegger steps into the Supreme Court fray over state-level election policy.

Ep. 272: What’s Next For The Beleaguered CFPB?

Thu, 03 Nov 2022 16:05:36 -0000

The Consumer Financial Protection Bureau is facing an existential crisis after the Fifth Circuit said the agency is unconstitutionally funded. On this week's episode, Law360 senior baking reporter Jon Hill tells us about the fallout of that ruling, including a flurry of filings from companies looking to get CFPB cases thrown out. Also this week, we discuss a criminal tax fraud case getting underway against the Trump Organization; an appellate ruling that says call center workers should be paid for the time it takes to boot up their computers; and we offer a plethora of legally-themed Halloween costume ideas.

Ep. 271: The Storm Clouds Forming Around Dechert

Fri, 21 Oct 2022 22:49:56 -0000

The legal headaches keep piling up for Dechert LLP and the former head of its white collar shop in London, Neil Gerrard. The BigLaw fixture and its ex-partner have been targeted with suits on both sides of the Atlantic alleging a range of systemic corruption. The years-long saga gained new steam over the past week as Dechert now faces fresh challenges in D.C. and New York from an aviation executive and a former journalist with axes to grind against the firm. Joining Pro Say this week to break down Dechert’s sprawling plight is Law360 editor-at-large Andrew Strickler. Also on the show, Snapchat is hit with a consumer protection suit over its alleged role in the fentanyl overdoses of its teenage users, and a pair of lawsuits led by former NFL head coaches over the terms of their dismissal begin to align in surprising fashion. Finally, we look at a curious new case over the government’s unwillingness to release JFK assassination documents.

Ep. 270: A Turning Point For Federal Cannabis Policy

Fri, 14 Oct 2022 22:59:04 -0000

President Biden’s recent cannabis proclamations mark the most significant shift in federal marijuana policy in decades. Still, the move to wipe out all federal possession convictions is mostly symbolic, as the drug is most aggressively policed at the state level. Law360’s senior cannabis reporter Sam Reisman joins the show to break down what Biden’s moves will mean for the industry, and where legalization advocates are taking the fight next. Also this week, an update in the Alex Jones Sandy Hook defamation saga, a former BigLaw partner stands trial for cyberbullying his colleagues, and a former staffer for the Los Angeles Angels gets over 20 years in prison for his role in the death of pitcher Tyler Skaggs.

Ep. 269: Lingering Questions Of The FBI's Kavanaugh Probe

Fri, 07 Oct 2022 23:50:00 -0000

Four years since the FBI’s inquiry into alleged sexual misconduct by Supreme Court Justice Brett Kavanaugh, questions linger as to how the agency handled the mountain of tips it received and what that could mean for future high court nominees. Law360 features reporter Cara Bayles joins Pro Say this week to discuss what we've learned since 2018, what we still don't know, and why lawmakers are still questioning the FBI about the investigation so many years later. Also this week, President Joe Biden’s marijuana possession pardons, Alec Baldwin’s settlement with the family of the “Rust” cinematographer killed on set last year, Elon Musk’s change of heart and a rare instance of sanctions issued by the U.S. Patent and Trademark Office. Finally, satirical heavyweight The Onion filed an absolute banger of an amicus brief with the Supreme Court.

Ep. 268: The Shifting Politics Of Courthouse Arrests

Fri, 30 Sep 2022 22:48:18 -0000

Federal prosecutors’ decision to drop charges against a Massachusetts state judge accused of impeding the arrest of an undocumented immigrant in her courtroom turned up the heat on an already fraught case, stoking fears that quickly changing political winds played an outsized role in the matter from the start. Law360’s Boston courts reporter Chris Villani joins the show this week to break down the case and the fallout from the DOJ’s decision to stand down. Also this week, financial regulators crack down on texting bankers, and lawsuits challenging the Biden administration’s plans for student loan forgiveness begin to roll in. Finally, the convicted fraudster known as Anna Delvey in Netflix’s ‘Inventing Anna’ finds herself at odds with her former counsel.

Ep. 267: Jackson Water Crisis Spills Into Court

Fri, 23 Sep 2022 23:18:14 -0000

Residents of Jackson, Mississippi, have thrust the city’s failure to provide clean water into federal court, suing numerous public officials and engineering firms that they say have degraded the city’s water through negligence and mismanagement. This week on Pro Say, the hosts dive into the specifics of the proposed class action and break down the lengthy battle that likely lies ahead. Also on this week’s show, a California judge raps Gibson Dunn for its questionable discovery conduct representing Facebook in a suit over the Cambridge Analytica data harvesting scandal, and the New York attorney general fixes her sights on the Trump Organization amid allegations of massive banking fraud. Finally, the Pro Say crew catches you up on the legal machinations that led to the freeing of “Serial” podcast subject Adnan Syed after 23 years behind bars for allegedly murdering his high school girlfriend.

Ep. 266: The Dark Side Of High-Profile Litigation

Fri, 16 Sep 2022 22:30:28 -0000

Litigants and lawyers involved in bringing high-profile lawsuits are increasingly facing threats and harassment. That’s bad enough on its own but becomes even worse when it stops people from turning to courtrooms in the first place or impacts the outcome of cases that do get filed. On this week’s episode of Pro Say, Law360 senior reporter Jack Karp drops by to help us understand how harassment is damaging the legal system. Also this week, Los Angeles County settles a massive $236 million lawsuit over its handling of the city’s homelessness crisis; Georgia’s supreme court reopens a longstanding malpractice case against BigLaw fixture Proskauer Rose; and finally, attorneys from the Department of Labor point the finger at legal data company Westlaw after filing an incomplete court brief.

Ep. 265: I Always Feel Like My Boss Is Watching Me

Fri, 09 Sep 2022 23:22:46 -0000

The Covid-19 pandemic and the ensuing shift to remote work led many employers to begin using software to monitor workers’ productivity. But are these trackers all they're cracked up to be? Today we're joined by senior employment reporter Amanda Ottaway to discuss the downside of productivity tracking. Also this week, we share the latest on Twitter’s lawsuit over Elon Musk’s decision to walk away from his $44 billion bid to acquire the social media network; a rare jury win for a policyholder seeking insurance coverage for a pandemic business interruption; and we discuss what it takes for a celebrity pose to become a registered trademark.

Ep. 264: A Legal Explainer Of The Mar-a-Lago Search

Fri, 02 Sep 2022 22:17:32 -0000

Earlier this month the FBI searched President Donald Trump’s Mar-a-Lago estate in Florida, turning up 33 boxes of documents taken from the White House with more than 100 classified records. The action set off a firestorm of reactions, but what if instead of the political punditry you just want to understand exactly what happened with the search and the courtroom fallout? That’s the focus of today's episode of the Pro Say podcast with one of our Florida court reporters Carolina Bolado. Also this week, we'll discuss Moderna's suits accusing Pfizer of infringing patents related to mRNA vaccine technology; "Matrix" producer Joel Silver escaping liability for the drowning death of his assistant while on a trip to attend Jennifer Aniston's wedding; and some peculiar trademark filings that included dead and made-up attorneys.

Ep. 263: The Legal Story Behind ‘We Own This City’

Fri, 26 Aug 2022 17:57:34 -0000

On a special episode of the Pro Say podcast we go behind the scenes of HBO’s hit miniseries We Own This City. The show explores the true story of a corrupt Baltimore Police Department task force that was ultimately charged with an array of crimes, a depiction that lays bare the systemic problems with policing in America and the war on drugs. Lucas Van Engen, one of the stars of the show, and Leo Wise, the federal prosecutor he portrayed join Pro Say this week to discuss the show and the real-life prosecution.

Ep. 262: What Is An “Act of God” Anyway?

Fri, 19 Aug 2022 22:17:00 -0000

Until recently, contract provisions meant to guard against unforeseen disasters and “Acts of God” were fairly routine, and even seasoned attorneys didn’t pay them much mind. But that all changed in the wake of the COVID-19 pandemic, which has sent attorneys scrambling to make sure their bases are covered in the event of the next global calamity. On this week’s episode of Pro Say, we welcome Law360’s seasoned real estate pro Andrew McIntyre to dish on “force majeure” and the new direction of post-COVID contract law. Also this week: the latest twist in a opioid crisis document dispute involving Arnold & Porter; a lawsuit claiming top universities colluded on financial aid underpayments gets the green light in federal court; and finally, a real stinker of an offbeat as a former Ohio court mediator stands accused of mailing feces to a sitting congressman.

Ep. 261: The Antitrust Fight Tearing Pro Golf Apart

Fri, 12 Aug 2022 22:41:11 -0000

The typically subdued and etiquette-filled sport of professional golf is anything but these days, as a highly contentious battle between the establishment PGA Tour and its newly formed rival LIV Golf has spilled into federal court. LIV and its players allege the PGA operates as a monopoly that violates antitrust laws, while the PGA insists it’s under attack from a well-funded venture that’s successfully luring PGA players away with highly lucrative contracts. On this week’s episode of Pro Say, we tee up a segment with Joseph Hanna, co-chair of Goldberg Segalla’s sports industry practice, to unpack this whole saga and help us make sense of it. Also this week: The Federal Circuit definitively decides that artificial intelligence can’t be named as inventors on patents; A former Twitter employee is found guilty of sharing data on users who were critical of the Saudi royal family; and finally, new research that shows judges sometimes channel their inner college freshman by using Wikipedia as a shortcut.

Ep. 260: Alex Jones Might Need New Lawyers

Fri, 05 Aug 2022 22:02:16 -0000

The trial to determine how much right wing conspiracy theorist Alex Jones should pay for spreading lies about the 2012 Sandy Hook elementary school shooting was adversarial, emotional, and at times downright bizarre. The proceedings saw both Jones and his legal team repeatedly reprimanded by the judge, while opposing counsel also delivered a bombshell about Jones’ lawyers inadvertently turning over evidence they tried to bury. On this week’s episode we welcome Law360’s Christine DeRosa to break down the surreal scenes coming out of the Texas courtroom. Also this week, Visa stays mired in a lawsuit over its alleged financing of child pornography, and the hosts take a look at a sweeping challenge to Trump-era China tariffs in the return of Trade Law With A-Law. Finally, the Tennessee judge already booted from an opioids case for being too outspoken gets suspended from the bench for a far more salacious infraction.

Ep. 259: A Texas Judge Loses Control Of His Empire

Fri, 29 Jul 2022 22:57:33 -0000

Texas federal Judge Alan Albright has spent the last few years turning his Waco court into a patent litigation hot spot. But one judge having that much power over IP cases brought scrutiny from lawmakers and Chief Justice John Roberts that came to a head when a new policy was announced to randomly assign patent cases filed in Waco to one of 12 judges. On this week’s episode, we’re joined by Law360 reporters Ryan Davis and Dani Kass to discuss the rise and fall of Albright’s patent court. Also this week, we talk about a $7 billion jury verdict against cable giant Spectrum over the stabbing death of an 83-year-old woman by one of the company’s field technicians; a former Fisher Phillips attorney who is facing the possibility of a new murder trial stemming from the shooting of his wife; and a no-good boyfriend who allegedly eavesdropped on the work of his BigLaw girlfriend to engage in insider trading.

Ep. 258: When A DQ Bid Ends At Gunpoint

Fri, 22 Jul 2022 23:48:27 -0000

A fairly mundane lawsuit over oil and gas royalties in West Virginia has been jolted by the revelation that the judge overseeing the case purportedly brandished a gun at an attorney who had previously tried to get him booted from the case. On this week’s all-host edition of Pro Say, the crew breaks down the truly wild development out of the Mountain State. Also on the show this week, Tesla is found negligent in a fiery car wreck that killed two teenagers, but assigned only 1% of the blame in the case; and New York law firm Kasowitz fights allegations that it helped to frame a woman for a hate mail campaign after she became involved in a neighborly dispute with one of the firm’s powerful clients. Finally, a California attorney gets smacked down after lobbing a vaguely coded sexist slur at two opposing female attorneys.

Ep. 257: Untangling The Musk-Twitter Saga

Fri, 15 Jul 2022 22:44:32 -0000

Elon Musk’s months-long dalliance with Twitter has finally spilled into court, as the social media platform sued the Tesla billionaire for backing out of his commitment to buy the company for $44 billion. With months of litigation likely ahead in Delaware’s notorious Court of Chancery, we welcome Law360 Delaware courts expert Leslie Pappas to unpack the complaint, the legal arguments from both sides and all the uncertainty of what happens next. Also this week, we discuss the sudden retirement of New York chief judge Janet Difiore in the midst of an ethics probe by the state’s judicial watchdog; the criminal fraud and conspiracy conviction of Ramesh “Sunny” Balwani as the Theranos drama winds down; and finally some more legal problems for the former stock trader who inspired the film “The Wolf of Wall Street.”

Ep. 256: Lessons From A Historic Supreme Court Term

Sat, 02 Jul 2022 00:33:11 -0000

A Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term. We take a look at the conservative supermajority’s turn toward originalism and the shifting power dynamics among the justices. We also dive into the biggest decisions of the term, from a trio of rulings about religion to a climate change fight that has big implications for administrative law, to blockbuster opinions on guns and abortion. And we end the show with a look at how the so-called “shadow docket” along with the abortion ruling leak and a break from stare decisis are causing some to question the court’s legitimacy moving forward.

Ep. 255: The Thorny Landscape Of Post-Roe Abortion Rights

Thu, 30 Jun 2022 23:20:12 -0000

The Supreme Court’s landmark decision to overturn Roe v. Wade and remove constitutional abortion rights is not even a week old and already its reverberations are massive. This week, the Pro Say hosts bring you an all-Dobbs show to examine the immediate fallout from the court’s ruling. First, we look at the early reactions from the legal industry and corporate America, along with a spate of legal challenges in state courts across the country that have already put some new abortion restrictions on ice. Finally, the hosts break down what a post-Roe abortion landscape means for the workplace, from employee benefits implications to collective bargaining. And stay tuned to the Pro Say feed this week as we join forces with our sister show The Term on Friday to wrap up all the big news from a historic session at the Supreme Court.

Ep. 254: The New Reality Of Expanded Gun Rights

Fri, 24 Jun 2022 22:44:00 -0000

It is blockbuster Supreme Court decision season, and this week was historic with rulings on abortion and gun rights. On Pro Say, we’ll explore the court's most consequential expansion of the Second Amendment in over a decade. Also this week, we're joined by Law360 senior reporter Xiumei Dong, who's been investigating an alarming spike in data breaches at smaller law firms; we discuss South Dakota's Attorney General who was removed from office after he killed a man with his car; and, finally, we dive in to the website of a small liquor company that's been blocked from selling its whiskey using hilarious descriptions and names inspired by Lehman Brothers.

If you want to hear more about the takeaways from the Supreme Court ruling overturning Roe v. Wade, check out a special episode of our sister show, Law360's The Term.

Ep. 253: How The High Court Is Reshaping Workplace Arbitration

Fri, 17 Jun 2022 22:40:27 -0000

In a packed U.S. Supreme Court term with blockbuster issues like abortion rights, guns and religion some other key cases may have flown under the radar. So this week, we’re joined by appellate pro and Mayer Brown partner Andy Pincus to talk about a trio of employment arbitration rulings you should know. Also this week, we discuss an industry first where a defendant was served via NFT; touch down on some wisdom from the Burton Awards which honors achievements in the law; and consider the habeas corpus rights of elephants.

Ep. 252: Did The FBI Bungle The Nassar Sex Abuse Case?

Fri, 10 Jun 2022 21:27:25 -0000

The legal fallout from Larry Nassar's sexual abuse of gymnasts took a new turn this week as more than 90 victims sued the FBI for botching the early stages of its investigation. The claims add to growing scrutiny over law enforcement’s purported oversights that allowed Nassar to evade scrutiny for years before he was eventually convicted. But the victims' path forward is murky, butting up against legal protections for federal law enforcement. We're joined by Law360 senior reporter Jack Queen to discuss the latest developments. Also this week, we discuss a law clerk being removed from a high-stakes IP case because of their ties to Google; how a hold out juror led to a mistrial in a fraud case against a man charged with looting a $25 million fund that was supposed to pay for the border wall; and a look at a copyright dust-up over the new Top Gun movie.

Ep. 251: Understanding The Depp-Heard Defamation Trial

Fri, 03 Jun 2022 22:06:30 -0000

For the last six weeks America has been transfixed by a defamation case between Johnny Depp and his ex-wife Amber Heard that featured dueling testimony about abuse. The salacious details dominated headlines, obscuring the legal strategies that allowed Depp to mostly prevail. On this week's show we break down the legal arguments and expected appeals with Jeff Lewis, a Southern California defamation and appellate attorney who co-hosts the California Appellate Law Podcast. Also this week, the acquittal of a former Perkins Coie attorney deals a blow to a Trump-era special prosecutor tasked with uncovering malfeasance in the investigations of the former president’s ties to Russia, and a Texas judge skewers the NFL retirement plan for refusing to grant more robust benefits to former players. Finally, the hosts break down a scintillating tale of corporate intrigue as two lovers are accused of conspiring to infiltrate a rival home mortgage company in Alabama.

Ep. 250: Amid Tragedy, Gun Makers Face New Legal Fights

Fri, 27 May 2022 22:06:08 -0000

A day after yet another mass shooting that left 19 children and two teachers dead in a Texas school, a New York federal court issued a momentous gun rights ruling that upheld a state law allowing for civil suits against gunmakers when illicit sales of firearms cause a public nuisance. It’s a ruling that would have drawn eyeballs regardless, but its proximity to the tragedy in Texas further stirred an already feverish discussion about the strength of the country’s gun laws. The hosts break down the ruling and give a broader look at the gun litigation landscape. Also on this week’s show, Law360’s Boston court reporter Chris Villani stops by to discuss ExxonMobil’s failure to dodge a closely watched climate change lawsuit, and a California judge recuses himself in open court following a testy exchange with counsel over the defendant’s shackles. Finally, the destruction of a cheese wall near the southern border prompts a lawsuit, a settlement, and now, a discussion on the finer points of l’art du fromage.

Ep. 249: Florida Collapse Victims Get Swift Relief

Fri, 20 May 2022 22:32:04 -0000

The victims of the catastrophic Surfside, Florida building collapse reached a $1 billion settlement this week with a slew of defendants, resolving what could have been a messy, emotionally charged dispute with unusual swiftness that left the judge overseeing the litigation speechless. On this week’s episode of Pro Say, Law360 senior reporter Carolina Bolado drops by to fill us in on the details of the extraordinary resolution and what happens next. Also this week, in light of the baby formula shortage that has swept across the country, we catch up on Abbott’s attempt to reopen its formula production plant and other moves the federal government is making to get shelves re-stocked. We also dive into a spot of intrigue out of London this week, as an English court rebuked a former Dechert lawyer who leaked damning information to the government and press about a mining company’s alleged corrupt activities. Finally, we end with a fun First Amendment story about a craft brewery’s right to put a tiny penis on its label.

Ep. 248: The Glitchy Rollout Of Digital Court Reporting

Fri, 13 May 2022 22:15:13 -0000

The court stenographer, typing feverishly to document all the utterances of a legal proceeding, has in recent years been pushed aside by digital reporting and voice recognition software. But the transition has not always been a smooth one, with malfunctions and built-in biases often leaving court transcripts incomplete or entirely blank, creating a number of headaches for the legal system. Law360 senior reporter Steven Lerner joins Pro Say to talk through the challenges with digital court reporting and the implications for courts going forward. Also this week, the Texas bar association muscles up against an assistant AG who brought a lawsuit challenging the 2020 presidential election, and Major League Baseball strikes a deal to settle a near decade-long legal battle over wages paid to its minor league players. Finally, we break down the curious case of a Texas judge reprimanded for literally chaining attorneys to the jury box without holding them in contempt.

Ep. 247: How The End Of Roe May Roll Back Civil Rights

Fri, 06 May 2022 22:59:54 -0000

This week a draft opinion penned by Justice Samuel Alito was leaked revealing that the U.S. Supreme Court is poised to strike down the landmark 1973 ruling Roe v. Wade that made abortion legal nationwide. We devote our entire show to exploring this potential seismic shift in American jurisprudence. We’re joined by a guest with special insights into abortion cases at the high court, Kathryn Kolbert, a reproductive rights attorney who argued before the Supreme Court in Planned Parenthood v. Casey. She shares her thoughts on not just the future of abortion, but also the potential fate of other civil rights that rest on the same legal framework including contraception, same-sex marriage and interracial marriage. And finally, we turn to the intrigue surrounding the leak itself: who could have released the document, what can we expect from the pending investigation, just how rare are Supreme Court leaks in the first place, and how will it all impact trust in the nation’s highest court.

Ep. 246: Will The High Court Squeeze Out The Church-State ‘Lemon’ Test?

Fri, 29 Apr 2022 23:25:54 -0000

A Washington high school coach's practice of praying on the 50-yard-line after games has the U.S. Supreme Court once again weighing the separation of church and state in a case that has dragged a divisive decades-old ruling back into the spotlight. Our own Supreme Court expert Jimmy Hoover comes back to Pro Say to explain the so-called Lemon test that may be on the chopping block. Also this week: we discuss a ruling holding former President Trump in civil contempt for flouting a subpoena; two BigLaw firms are unable to shake a $310 million malpractice lawsuit over an alleged typo; and we tee up a story about just how dangerous it can be to live next to a golf course.

Ep. 245: How An Outspoken Judge Blew Up An Opioid Case

Fri, 22 Apr 2022 23:01:23 -0000

This week saw a strange turn in the saga of Endo Pharmaceuticals, which has been raked over the coals for suppressing key documents pertaining to its role in the opioid crisis. The Tennessee judge that handed the company its latest loss not only saw his decision reversed, but found himself booted from the case entirely over concerns about pointed commentary on Facebook and in an interview with Law360. The Pro Say crew breaks down the shocking development and what it means for the opioid litigation landscape. Also this week, Law360’s Amanda Ottaway comes by to discuss what a $450,000 win for a worker fired after an unwanted office birthday can teach employers about handling mental health issues, and Uber sees its arbitration push backfire with a $91 million legal bill. Finally, the hosts confront a pressing question: can you be an attorney general if you’re not generally an attorney?

If you want to dive deeper into the Endo saga, check out Episode 217 and Episode 221.

Ep. 244: Rage Against The Machine Repair Monopoly

Fri, 15 Apr 2022 23:36:40 -0000

If your vehicle breaks down, shouldn’t you have the right to fix it on your own terms? That’s the question we’re tackling this week as we explore the difficulties consumers face when sellers of goods and equipment – from vehicles to electronics, and even the McDonalds McFlurry machines – maintain exclusive and costly rights to keep them working. Law360 reporter Mike Curley joins Pro Say to break down the so-called “right to repair,” and how lawmakers, regulators and litigants are responding to the issue. Also this week, Mexico looks to hold U.S. gunmakers accountable for border trafficking deaths; the SEC continues its push for increased climate risk-related disclosures from businesses; and finally, a fight between two similarly-named D.C. lobbying firms turns ugly when one tells the other he’ll “bleed him.”

Ep. 243: The Rising Tide Against Workplace NDAs

Sat, 09 Apr 2022 00:20:28 -0000

The push to curtail nondisclosure agreements in the workplace is spreading, with a new law in Washington state going further than ever to prevent employers from concealing harassment, discrimination, sexual assault and other illegal activity on the job. Law360’s Hannah Albarazi joins the show this week to discuss that statute and its implications for corporate secrecy. Also this week, New York judges come under fire for hiding outside compensation, and the legal crusade against Tom Girardi intensifies as the former plaintiffs’ champion is smacked with a racketeering suit. Finally, a DC judge is very much in his element citing the Big Lebowski in a bombshell bitcoin seizure case.

Ep. 242: Can The Courts Solve The Homelessness Crisis?

Fri, 01 Apr 2022 22:50:37 -0000

The population of homeless individuals across the country has continued to rise, and so have the lawsuits over the rights of the unhoused to occupy public spaces. On the other side of that fight however are business owners who are pressing cities to crack down on encampments that affect their livelihood. On this week’s episode we talk with Law360 reporter Jack Karp about the two sides of the argument, and what cities caught in the middle can do to try and walk that tightrope. Also this week, the government alleges that TurboTax is lying about its services being free, and MillerCoors gets hit with a massive trademark infringement verdict over its Keystone Light label. Finally, Elon Musk quotes rapper Eminem in his latest exchange with the SEC, because of course he did.

Ep. 241: What We Learned About Ketanji Brown Jackson

Fri, 25 Mar 2022 23:41:06 -0000

Judge Ketanji Brown Jackson’s testimony on Capitol Hill this week was marked with the kind of partisan theatrics that have become standard for Supreme Court confirmations in recent years. But the hearings also allowed Jackson to speak at length about her judicial philosophy and the mindset she brings to the bench, at times clashing with her billing as a deeply progressive jurist. Law360’s Jimmy Hoover joins the show this week to discuss what we learned from Jackson’s testimony and her path forward in the Senate. Also this week, the D.C. attorney general’s antitrust case against Amazon gets booted, and a federal judge privately muses about denying clerkships to students who protest and disrupt panel discussions at law schools. Finally, the Federal Circuit is sick and tired of all your dang rehearing petitions.

Ep. 240: How The Judicial System Is Failing Law Clerks

Fri, 18 Mar 2022 22:16:01 -0000

An increasing number of law clerks are speaking out about how they were harassed by judges they worked for. This week, we’re joined by Aliza Shatzman, a former D.C. Superior Court clerk who shares her story and explains what Congress can do to eliminate institutional barriers that hinder clerks from receiving help when they are in a similar situation. Also this week, we discuss Sarah Bloom Raskin who pulled out of the running for the top bank regulatory job at the Federal Reserve; Alec Baldwin explaining why he isn’t responsible for the fatal shooting on the set of the movie “Rust”; and celebrity name dropping gone wrong in a deal to buy part of a cannabis company.

Ep. 239: U.S. Legal System Responds To War In Ukraine

Sat, 12 Mar 2022 00:54:25 -0000

As the war in Ukraine rages on, we turn our attention to how the U.S. legal system and the industry have reacted. First, we discuss the Justice Department’s task force that will hunt for sanctions violators and seize the assets of Russian oligarchs. Then, we talk about how BigLaw has reacted to the war – from pro bono efforts and donations to office closures and cutting ties with Russian clients. Also this week, a look at Elon Musk’s latest squabble with the SEC over his tweets and the best courthouses in the nation for ghost hunting.

Ep. 238: Confirmation CliffsNotes - Ketanji Brown Jackson Rulings

Sat, 05 Mar 2022 02:27:34 -0000

The battle to confirm Ketanji Brown Jackson to the U.S. Supreme Court begins later this month with much anticipated congressional hearings. On this week's Pro Say podcast we discuss a handful of her opinions that you should read before she heads to Capitol Hill. Also this week, we're joined by Law360 editor-at-large Andrew Strickler to break down an ongoing ethics scandal around judges who did not properly recuse themselves from presiding over cases that involved a company in which the judge or a family member owned stock. We also talk about thousands of restricted records leaked from courts across the nation and take a look at one public defender that has become a TikTok sensation.

Ep. 237: Inside The Women’s Soccer Equal Pay Win

Sat, 26 Feb 2022 00:17:31 -0000

It was a monumental week for the U.S. Women’s National Soccer Team, whose high-profile equal pay case ended in a settlement for $24 million in owed wages and strong equal pay protections moving forward. On this week’s episode of Pro Say we’re joined by Mayer Brown partner Nicole Saharsky, who represented the players during their appellate proceedings and explains why this settlement could have such a lasting impact. Also this week: The U.S. Copyright Office declines protections for artwork created by artificial intelligence; a landmark verdict against an opioid maker is in jeopardy after an embarrassing gaffe by a U.S. attorney; and finally, an ugly turn in the saga of ‘Brangelina’ as the actor Brad Pitt accuses his ex-wife Angelina Jolie of selling their winery behind his back.

Ep. 236: How The New York Times Beat Palin’s Libel Suit

Fri, 18 Feb 2022 22:57:22 -0000

Both a Manhattan federal jury and a district judge rejected Sarah Palin's libel claims against The New York Times this week bringing an action-packed trial over a 2017 editorial to a close. On this week's episode, Law360's Frank Runyeon explains how the twisty case came to a close. Also this week, we look at Remington’s historic settlement with families of victims of the Sandy Hook Elementary School massacre; the latest fallout for Endo Pharmaceuticals over document hiding worthy of a John Grisham movie; and a BigLaw entry into the metaverse.

Ep. 235: When A Judge Asks You To Take Your Mask Off

Fri, 11 Feb 2022 23:10:23 -0000

A judicial watchdog called out a Fifth Circuit judge last week for insisting that a Justice Department attorney remove his face mask, despite the attorney’s wish to keep it on in court. On this week’s episode of Pro Say we’re breaking down the complaint, which seems to encapsulate the fraught situation of covid protection and personal safety in the workplace as the nation inches back towards less restrictive environments. Also this week: A lawsuit against Warner Bros. over its decision to release the latest “Matrix” iteration via streaming platform; growing labor unrest after a group of Starbucks employees were allegedly fired for supporting a union campaign; and finally, in light of the upcoming Super Bowl, a lawsuit accusing the Jets and Giants of tricking fans into thinking they play in New York, when in fact their home games take place in New Jersey.

Ep. 234: Breaking Down The NFL Racial Bias Suit

Fri, 04 Feb 2022 23:35:45 -0000

The NFL was hit with allegations of systemic racism in its hiring practices after a Black former Miami Dolphins head coach found out he had not been selected for a job opening before his interview had even taken place. This week we’re joined by Law360 senior sports reporter Zach Zagger to talk about the big charges leveled against the league. Also this week, Waymo tells the DMV its crash data is a trade secret; questions arise about the nature of bank-rate fraud after the convictions of two former bankers are tossed; and a tense Stormy Daniels cross-examination leads to discussions of the paranormal.

Ep. 233: What Stephen Breyer Leaves Behind

Sat, 29 Jan 2022 00:37:29 -0000

Stephen Breyer has never been the kind of Supreme Court justice to make headlines with his opinions and dissents, but he set the legal world abuzz this week with news of his impending retirement, opening up a key vacancy within the court’s dwindling liberal bloc. Law360 reporter and The Term co-host Jimmy Hoover joins the show this week to unpack Breyer’s legacy as a jurist and what his exit means for the makeup of the court. Also this week, the high court takes up a closely watched affirmative action case and Cardi B prevails in her defamation suit against a Youtuber who spread salacious rumors about the hip-hop star. Finally, we dig into a bombshell class action demanding millions in restitution for Ana de Armas erasure.

Ep. 232: The States Leading The Way On Environmental Justice

Sat, 22 Jan 2022 00:31:00 -0000

Environmental justice groups have been working for years to help communities facing health and environmental problems from nearby polluting industries, and three states have recently emerged as leaders in helping the cause. What are these states doing differently, and what lessons can the rest of the country take from them? Law360 senior environmental reporter Juan Carlos Rodriguez joins the podcast this week to explain. Also this week: The end of the “pharma bro” as Martin Shkreli gets an industry ban and $65 million fine; dropped federal charges against an MIT professor who allegedly concealed his ties to the Chinese government; and finally a hefty verdict against southern cooking chain Cracker Barrel for serving a cleaning agent to a customer.

Ep. 231: Understanding The High Court’s Vaccine Rulings

Fri, 14 Jan 2022 19:38:47 -0000

The Supreme Court late on Thursday blocked a Biden Administration rule that required private employers with 100 or more workers to implement a vaccine-or-test policy, but approved mandating vaccines for healthcare workers at facilities that receive government funding. On this week’s episode of Pro Say, we review the rulings on this hotly-contested issue and what it means for nearly 85 million workers to no longer face a vax-or-test choice as omicron continues to impact the nation. Also this week: The FTC lands a win in its antitrust case against Facebook; the government’s $2 billion tax fraud case against a software CEO takes an intriguing turn when the indicted executive is accused of faking dementia; and a pair of LAPD officers who were fired for catching Pokemon instead of catching robbers.

Ep. 230: Does The Holmes Conviction Put Tech Startups On Notice?

Sat, 08 Jan 2022 00:45:32 -0000

This week a federal jury convicted former Theranos CEO Elizabeth Holmes of defrauding investors, but cleared her of charges that she deceived patients with blood-testing technology she knew didn’t work. We’re joined by Law360 reporter Dorothy Atkins who covered the lengthy trial to walk us through which side was the big winner in the case, what it means for another Theranos executive who is still facing charges, and how the verdict may change the behavior of tech startups. Also this week: A Texas appellate court overturns a verdict after Zoom glitches taint a trial; the D.C. Circuit gives new life to a lawsuit that accuses pharma giants of financing terrorism; and we discuss some recent overlaps between reality TV and the law.

The Fall Of Tom Girardi Ep. 2: A Low Bar In California

Wed, 29 Dec 2021 12:00:00 -0000

Tom Girardi allegedly grifted clients for years and got away with it. How could that happen, and who should have stopped him? On part two of our series exploring the downfall of Tom Girardi, Law360 reporter Brandon Lowrey shares the findings of his extensive investigation into the flaws in the system meant to hold attorney accountable. What he found were legal, structural and cultural flaws - particularly at the State Bar of California - that allowed Girardi to escape public punishment for decades.

Regular episodes of Pro Say will resume next week.

The Fall Of Tom Girardi Ep. 1: The Thief In Shining Armor

Tue, 28 Dec 2021 12:00:00 -0000

The Pro Say podcast is taking a break this week for the holiday. In its place, please enjoy Law360 Explores: The Fall Of Tom Girardi, a two-part series investigating how the life and career of one of America's most successful plaintiff's attorneys unraveled after he was accused of stealing money from clients. In part one of our series, we explain how Tom amassed wealth and influence in California legal circles by racking up huge wins in court and throwing lavish parties for his friends, all with a reality television celebrity wife on his arm. But attorneys who knew him and clients who trusted him say that shiny exterior hid a darker truth.

Ep. 229: CHRISTMAS SPECIAL - Unwrapping The Best Weird Legal News

Thu, 23 Dec 2021 14:00:00 -0000

We dedicate this show to the Pro Say Family Christmas. Drum roll please? It’s our annual Best Of The Offbeats episode looking back on our favorite weird legal news of the year! We’re checking back on the Morrison & Foerster attorney who spent $400,000 of the firm’s money on products like “butt-enhancing trunks;” the West Virginia woman who faked her own death with the help of her husband; a Covid-19 eviction ban argument centered on the oft-forgotten Third Amendment; and finally, a Pro Say history lesson on the evolution of the lawyer joke. Yes, we worked really hard this year. But of course, so do washing machines. Happy holidays everyone!

Ep. 228: 2021 RECAP - The Year In Legal News

Fri, 17 Dec 2021 23:14:00 -0000

2021 has been a journey. The world continued to grapple with a global pandemic, and while vaccines gave the promise of light at the end of a dark tunnel, they also brought a fresh set of challenges for the legal community to sort through. Meanwhile, the 2020 battle over race and policing shifted into the courtroom this year, where justice for George Floyd’s murder was sought and won. On this week’s episode of Pro Say, we look back on the legal stories and trends that defined the year, from the flurry of lawsuits over President Biden’s vaccine mandates, to some blockbuster courtroom showdowns that proceeded in person this year.

Ep. 227: The Supreme Court Case Redefining Right To A Fair Trial

Sat, 11 Dec 2021 01:15:06 -0000

The U.S. Supreme Court heard oral arguments this week in a case involving two Arizona death row inmates that could redefine how claims of ineffective trial counsel in state courts are heard at the federal level. On this week’s episode, Law360 Pulse reporter Marco Poggio joins us to explain how the argument played out, and why an eventual ruling could have life-or-death consequences for many who argue they didn’t get a fair trial. Also this week: The alleged inventor of Bitcoin gets hit with a $100 million jury verdict in Florida; a novel criminal indictment of a Massachusetts state judge leaves the First Circuit scratching their heads; and finally, a Georgia judge offers an early Christmas present to parents by banning Elf on the Shelf.

Ep. 226: How King & Spalding Beat Wrongful Termination Claims

Sat, 04 Dec 2021 01:41:09 -0000

The closely watched legal fight between King & Spalding LLP and one of its former associates wound to a close this week as a New York federal jury rejected the attorney’s claims that he was fired for flagging ethical transgressions by firm leaders. It was a contentious and at times colorful trial, with the former BigLaw attorney running into a number of difficulties as he represented himself pro se against his former bosses. Pete Brush joins the show this week to break down the trial. Also this week, New Jersey court staff ask for a psychiatric evaluation of a state judge suing them over a hostile work environment and lawyers for Madison Square Garden call for sanctions against attorneys for former New York Knick Charles Oakley. Finally, a former Temple business school dean is rung up on criminal charges for inflating the school’s ranking in U.S. News & World Report.

Ep. 225: How The Military Fails Sexual Assault Victims

Sat, 20 Nov 2021 01:47:00 -0000

The U.S. military has a terrible track record of mishandling sexual assault cases. Some lawmakers are pushing for an overhaul of the military justice system that would alter the way cases are investigated, charges are filed, and juries are seated. This week we welcome Law360 reporter Sarah Martinson to the show to explain what changes could improve military justice. Also this week: we break down what to watch in an ongoing trial between King & Spalding and a fired ex-associate; a Florida state judge accuses a local attorney of blackmailing her with the release of nude photographs as part of a protracted custody battle; and the story of a Pennsylvania attorney who took of his pants in the courthouse rotunda.

Ep. 224: Law Student Fellows Take On Systemic Racism

Sat, 13 Nov 2021 00:12:49 -0000

How do you eliminate systemic racism in the legal system? This year, 12 law students from Historically Black Colleges and Universities took part in a Lexis fellowship aimed at tackling that very big question. Three of the fellows join Pro Say this week to talk about projects they worked on, with ideas ranging from a new way for law school admissions officers to evaluate candidates, to a safe space for minority attorneys to voice concerns, to a corporate-backed bail fund to address inequalities exacerbated by the cash-bail system.

Ep. 223: The Vaccine Rule That Could Launch 1,000 Lawsuits

Fri, 05 Nov 2021 23:32:43 -0000

The U.S. Department of Labor on Thursday delivered the much-anticipated details of President Joe Biden’s order that large private businesses require employees to either be vaccinated against COVID-19 or submit to weekly tests. So what does it mean if you’re a business owner or a worker, and will the rule survive the likely deluge of legal challenges? Law360 Employment Authority editor-at-large Vin Gurrieri joins us this week to unpack all the devilish little details. Also this week: A breach of contract trial involving a perfume company and Jay-Z gets testy after the hip-hop icon takes the stand; the Justice Department attempts to block two publishing giants from merging; and finally, a definitive ranking of the best legal characters so far in HBO’s hit drama series “Succession.”

Ep. 222: What’s Driving The Labor Unrest Of ‘Striketober’?

Fri, 29 Oct 2021 21:04:12 -0000

Over the past month, workers across the country have been going on strike, prompting some industry watchers to dub the uptick in labor actions “Striketober.” But what’s causing large groups of workers in industries as varied as film production, manufacturing and healthcare to all take collective action? On this week’s episode, Law360 Employment Authority senior reporter Tim Ryan joins us to explain the trend. Also this week, Pro Say guest host Emma Whitford breaks down her latest reporting on New York’s pandemic-era protections against evictions and foreclosures, and Alex unpacks a historic whistleblower award from the CFTC. Finally, we end with lawyers for Atari who had their mellow harshed when a judge forbade them from playing video games during an IP trial.

Ep. 221: Crypto Hits Wall Street As Washington Worries

Fri, 22 Oct 2021 04:00:00 -0000

Cryptocurrency inched closer toward the mainstream this week when the first-ever exchange-traded fund linked to bitcoin was launched, opening up the world of crypto investing to essentially anyone with a brokerage account. So what does it mean now that everyone can bet on the hotly debated currency, and how are regulators working to make digital money safe for the masses? Law360 senior fintech reporter Elise Hansen joins the show to break it all down. Also this week the Justice Department indicts a former Boeing employee for duping federal safety regulators related to 737 Max jets; a New York judicial report rebukes Arnold & Porter attorneys for discovery abuse in opioid litigation; and another pharma company regrets making parody videos.

Ep. 220: Lessons From The First Varsity Blues Guilty Verdict

Fri, 15 Oct 2021 04:00:00 -0000

The first jury trial stemming from the Varsity Blues admissions scandal ended last week with a guilty verdict. It was a big win for prosecutors who relied heavily on exchanges the parents had with the mastermind of the scheme Rick Singer, without ever calling the man himself to testify. Law360’s Boston courts reporter Chris Villani joins the show this week to explain how the strategy paid off, avenues of appeal that remain for the defendants, and what the victory means for the remaining cases. Also this week: A turf war between state and federal employment regulators pursuing claims against a gaming company accused of fostering a toxic workplace; a Pennsylvania attorney who escaped disbarment after forging a judge’s signature; and the latest from our favorite movie-quoting judge from the Court of International Trade.

Ep. 219: When DOJ Spyhunting Goes Too Far

Fri, 08 Oct 2021 04:00:00 -0000

A Trump-era program aimed at rooting out Chinese economic espionage has come under fire, with critics arguing that the initiative has stirred up a toxic mix of racial profiling and prosecutorial overreach. Law360 senior reporter Jack Queen joins the show this week to talk about the China Initiative and its encroachment into the academic and scientific communities. Also this week, Tesla is hit with a $137 million verdict in a racial discrimination case, and the Supreme Court declines to review an IRS summons with big implications for attorney-client privilege. Finally, a creative insurance claim seeks payment from GEICO over an STD contracted in a car covered by the company.

Ep. 218: A Supreme Court Term Packed With Landmark Cases

Fri, 01 Oct 2021 04:00:00 -0000

A new Supreme Court term is upon us, with the justices set to tackle a slew of lightning rod cases in the coming months. Law360 reporter and The Term co-host Jimmy Hoover joins the show this week to preview all the big cases at the high court, headlined by a direct challenge to Roe v. Wade and the court’s first major gun rights case in over a decade. Also this week, New York’s state court system expels hundreds of employees for failing to comply with its vaccine mandate and the Federal Circuit raps a Texas judge over his tight grasp on patent litigation. Finally, we ring in spooky season with the haunting tale of a Texas attorney whose Michael Myers costume summoned the dark forces of the local police.

Ep. 217: Discovery Debacle At Arnold & Porter

Fri, 24 Sep 2021 04:00:00 -0000

Endo Pharmaceuticals and its attorneys at Arnold & Porter are facing accusations of serious discovery misconduct during opioid litigation across the country, threatening the company with huge liability and the lawyers with reputational damage. On this week’s show, we break down the growing debacle, plus: Cancer patients accuse J&J of planning an untested “Texas Two Step” to avoid huge liability over baby powder; Twitter pays more than $800 million to settle claims that it lied about user engagement; and the Pro Say hosts ugly cry on air as Bill says goodbye in his final episode.

Ep. 216: The Tricky Questions Around Biden’s Vaccine Mandate

Fri, 17 Sep 2021 04:00:00 -0000

President Joe Biden ordered sweeping new vaccine requirements last week in an effort to halt the spread of COVID-19’s delta variant, potentially impacting as many as 100 million American employees in both the public and private sectors. On this week’s episode, senior employment reporter Vin Gurrieri walks us through the mandate and how it will impact the workplace. Also this week, we talk through some of the top line statistics and takeaways from Law360’s annual Glass Ceiling report on women in the law; a vexing libel lawsuit brought by Representative Devin Nunes that found new life this week; and finally a look back at our recent Pro Say Movie Club series and some of our favorite moments.

Pro Say Movie Club - Philadelphia

Tue, 14 Sep 2021 04:00:00 -0000

On the final installment of the Pro Say Movie Club, we travel to the city of brotherly love for the heart-wrenching story of a lawyer fired for having AIDS. In “Philadelphia” Tom Hanks plays Andrew Beckett, a rising star chosen to lead one of his firm’s biggest cases. But one of the partners notices a lesion on his forehead, a file goes missing, and he’s fired. Beckett teams up with the only lawyer who will take his case, played by Denzel Washington. We discuss the true story that inspired the movie, the monologues that would be highly unusual in an actual courtroom, and the lasting impact of one of the first major films to tackle the AIDS crisis.

Ep. 215: Bankruptcy’s ‘Eerie Silence’ Amid Pandemic

Fri, 10 Sep 2021 04:00:00 -0000

The financial industry braced for a surge in bankruptcies in 2021 amid the ongoing COVID-19 pandemic, but instead the number of new filings actually dropped by a third. Law360 senior bankruptcy reporter Vince Sullivan joins the show this week to explain the “eerie” restructuring silence, what caused it, and why experts don’t expect it to last. Also this week, a federal judge decides that robots cannot be “inventors” for the purpose of obtaining a patent; a Texas appeals court overturns a ruling that a local hospital must treat COVID-19 patients with Ivermectin; and a federal judge orders BigLaw partners to spare their associates over holidays.

Pro Say Movie Club - A Time To Kill

Tue, 07 Sep 2021 04:00:00 -0000

The Pro Say Movie Club makes its maiden voyage into the world of John Grisham with a discussion of A Time To Kill, the 1996 adaptation directed by Joel Schumacher and starring just about every famous actor from the 90s. It’s the story of Mississippi litigator Jake Brigance and his defense of Carl Lee Hailey, a black man who took the lives of two white men to avenge a brutal assault on his daughter. This week’s show dives into the movie’s sprawling and somewhat chaotic structure; venue and bail fights; the perils of testifying in your own murder trial; iconic courtroom outbursts; and so much more.

Ep. 214: Blood Feud - The U.S. v. Elizabeth Holmes

Fri, 03 Sep 2021 04:00:00 -0000

The upcoming criminal trial of former Theranos CEO Elizabeth Holmes figures to center around one crucial question: Was the blood testing startup’s failure a case of misguided Silicon Valley over-ambition, or was it outright fraud? Law360’s Dorothy Atkins has been covering the Theranos litigation for years, and she joins us this week to break down all you need to know ahead of next week’s long-awaited trial. Also on the show: The Supreme Court refuses to halt a Texas law prohibiting abortions after six weeks and the Manhattan DA muscles up against a bogus COVID-19 vaccination card ring.

Pro Say Movie Club - Liar Liar

Tue, 31 Aug 2021 04:00:00 -0000

Can you reverse-engineer an entire movie out of a lawyer joke? That’s the question we’re asking on the Pro Say Movie Club as we talk about Liar Liar, a 1997 Jim Carrey romp about a deeply dishonest attorney named Fletcher Reede who is suddenly put under a magical spell that forces him to tell the truth for 24 hours. On this week’s show, we’re talking about the legal ethics of lying; the baseball career of Jose Canseco; the struggle for work-life balance in BigLaw; the aesthetics of courthouse bathrooms; prenuptial agreements under California law; and much more.

Ep. 213: Forget Insider Trading, Let’s Talk About 'Shadow Trading'

Fri, 27 Aug 2021 04:00:00 -0000

You’ve probably heard of insider trading, but what about “shadow trading”? Federal regulators are pursuing a novel civil lawsuit that claims a pharma executive broke the law by using insider information about his own company to get rich — only he did it by buying another company’s shares. Law360 securities law reporter Dean Seal joins us this week to talk about the phenomenon of shadow trading and how the regulators are trying to crack down. Also this week: Nirvana is hit with a child pornography lawsuit over the naked child on the cover of an iconic album; the Supreme Court weighs in on a Trump-era “remain in Mexico” policy; and Steve Harvey heads to television court to serve as a judge.

Pro Say Movie Club - Loving

Tue, 24 Aug 2021 04:00:00 -0000

Richard Loving and Mildred Jeter fell in love, found out they were expecting a baby, and ran off to get married. But then they were arrested in their bedroom in the middle of the night. The crime? Back in 1958, Virginia law barred interracial marriage. Their arrest set the stage for a years-long legal fight that made it all the way to the U.S. Supreme Court and changed the future for millions of couples. On this week’s episode of the Pro Say Movie Club we’re talking about the true story depicted in the movie “Loving,” the toll it took on the couple’s life, and how the Loving’s case worked its way through the court system to ultimately change the U.S. Constitution and bolster civil rights forever.

Ep. 212: Will Vaccine Mandates Skew Jury Pools?

Fri, 20 Aug 2021 04:00:00 -0000

Requiring COVID-19 vaccination for jury members seems like a public health no-brainer as Delta continues to spike, but it’s raising tricky questions about whether vaccine disparities along racial and political lines could skew jury pools. Joining us this week to discuss the issue is Law360 senior reporter Chris Villani, who breaks down how judges across the country are handling juror vaccination and how trial attorneys are reacting. Also this week: Law360’s annual look at how big firms are working toward diversity; a novel effort by Arizona State University to sue an Instagram account spreading pandemic misinformation; and a bizarre back-and-forth between a trial judge and appellate court that left the Second Circuit “puzzled.”

Ep. 211: Maybe Covid Isn’t Over

Fri, 13 Aug 2021 04:00:00 -0000

Driven by the delta variant, Covid-19 infections are spiking across the country, leaving courts and law firms to once again grapple with public health and safety measures. On this week’s episode, we’re breaking down the patchwork of new restrictions, from courthouse mask rules to BigLaw vaccine mandates. Also this week, a public corruption trial with such bad lawyering that the First Circuit granted a redo; and an interesting argument against the Covid-19 eviction ban centered on the almost-never-invoked Third Amendment.

Pro Say Movie Club - Michael Clayton

Tue, 10 Aug 2021 04:00:00 -0000

Some elite lawyers are miracle workers. Others are janitors. Michael Clayton, the eponymous main character of our Pro Say Movie Club pick this week, is the latter. Clayton, played by George Clooney, is a so-called fixer at a prestigious Manhattan law firm who is thrust into crisis after his boss and mentor has a mental breakdown while defending the producer of a deadly weed killer. As the sinister client attempts to contain the problem, Clayton is forced to confront not only an ugly conspiracy, but also his own moral compromises. We explore that seedy underbelly of corporate litigation and the daily grind of a BigLaw life that values the billable hour above all else on this week’s episode.

Pro Say Movie Club - The Devil’s Advocate

Tue, 03 Aug 2021 04:00:00 -0000

Every young associate has probably had a tough boss at their firm, but what if that boss was literally Satan? Our pick for the Pro Say Movie Club this week “The Devil’s Advocate” tells the story of hot shot Florida litigator Kevin Lomax, played by Keanu Reeves, whose perfect courtroom record draws the eye of a tony New York law firm and its enigmatic top partner John Milton, played by Al Pacino. The new caseload presents Kevin with a series of escalating moral crises and rips his family apart as he becomes an unwitting pawn in a battle for humanity. We discuss Kevin’s savant-like abilities in the courtroom; how accurate his BigLaw life really is -- would all the partners really live in the same condo building?; and how winning the case at all costs isn’t always worth it.

Pro Say Movie Club - My Cousin Vinny

Tue, 27 Jul 2021 04:00:00 -0000

On this week’s episode of the Pro Say Movie Club, we comb our hair, put on our suits made out of some kind of cloth, and journey to the south with Joe Pesci and Marisa Tomei in the venerable 1992 legal comedy “My Cousin Vinny.” Pesci plays Vincent Gambini, a sharp but inexperienced New York attorney who’s way out of his element defending two “yutes” accused of murdering a store clerk in a small Alabama town. With the help of girlfriend Mona Lisa Vito’s automotive prowess, and some magic grits, Gambini slowly learns to navigate the courtroom and ends up giving a masterclass in cross-examination. We’ll break down all the scenes and discuss why it’s been heralded as one of cinema’s most accurate trial depictions.

Ep. 210: New York’s Weed Law Aims For A True Clean Slate

Fri, 23 Jul 2021 04:00:00 -0000

Earlier this year, New York joined the growing list of states to legalize recreational marijuana. But the Empire State’s law goes a step further by automatically expunging hundreds of thousands of cannabis-related criminal convictions, offering a clean slate to those hampered by aggressive enforcement in the past. Law360 reporter Marco Poggio joins the show this week to break down the impact of this provision, the challenges that lie ahead, and the likelihood of other states following New York’s lead. Also this week: intrigue in Florida where a federal judge ordered a new trial after learning government prosecutors had deliberately spied on defense strategy meetings; and a huge jury award for a former Walmart employee fired after the company refused to accommodate her disability.

Pro Say Movie Club - A Few Good Men

Tue, 20 Jul 2021 04:00:00 -0000

In the Pro Say Movie Club it is our code built on honor and respect for the chain of command to carefully break down outrageous courtroom showdowns in legal cinema. That’s why this week we’re talking about "A Few Good Men," the gripping 1992 drama featuring Tom Cruise as a cocky young Navy lawyer who prides himself on never seeing the inside of a courtroom, until he finds purpose in defending two marines accused of murder. Cruise faces off with Jack Nicholson in one of the most iconic trial confrontations in movie history. We discuss just how accurate that witness examination really is, some of our favorite scenes from the movie, and whether we can, in fact, handle the truth.

Ep. 209: Guardianship Abuse Goes Way Beyond Britney

Fri, 16 Jul 2021 04:00:00 -0000

Britney Spears’ battle against a guardianship that she says is unwarranted and abusive is a high-profile case, but it is far from the only one questioning the legal mechanism that can strip people of their rights to basic self-determination. On this week’s episode we talk with Law360 features reporter Cara Bayles about just what’s going on with the guardianship system. Also this week: Joe Exotic, the eccentric Oklahoma zookeeper at the center of Netflix’s hit documentary ‘Tiger King,’ wins an appeal following his criminal trial; actor Justin Theroux notches a victory in a long-running and dramatic property dispute with his attorney neighbor; and a Wisconsin state judge gets dinged for brandishing a firearm during a court proceeding.

Pro Say Movie Club - Legally Blonde

Tue, 13 Jul 2021 04:00:00 -0000

For the first episode of our new summer movie series, we’re watching the iconic 2001 law school comedy “Legally Blonde,” in which sorority queen Elle Woods conquers Harvard Law. What, like it’s hard? What begins as a scheme to win back her boyfriend turns into a journey of self-realization for Elle, who teaches us along the way that lawyers come in all forms, and that staying true to yourself is the key to unlocking your full potential. Or, put another way: You can wear pink and still be a successful attorney. We’ll break down our favorite scenes, what the movie got right or got wrong about the law and its lasting impact on the legal industry on this week’s episode.

Ep. 208: The Legal Fallout Of The Florida Condo Collapse

Fri, 09 Jul 2021 04:00:00 -0000

This week we’re discussing the legal dimensions of the tragic collapse of the Champlain Towers condominium complex in Surfside, Florida. We unpack the litigation that has followed the disaster, the lawyers working the case pro bono, and the lessons to be learned that could help prevent future tragedies. Also this week, a wrap-up of the latest Supreme Court term with Law360 reporter Jimmy Hoover, and a Fifth Circuit ruling with big consequences for mandatory bar fees. Finally, stay tuned next week as we drop the first episode in our new summer legal movie series: The Pro Say Movie Club.

NEW SUMMER SERIES: The Pro Say Movie Club!

Wed, 07 Jul 2021 04:00:00 -0000

The hosts of the Pro Say podcast love talking about two things: the law and the movies. So we're going to spend our summer bringing them together for the Pro Say Movie Club, a new limited-run podcast series about the greatest films in legal cinema history — from “My Cousin Vinny” to “A Few Good Men” and everything in between. Episodes will drop every Tuesday starting on July 13, when we journey to Harvard Law School with Elle Woods in “Legally Blonde.”

Ep. 207: Bill Cosby Is A Free Man. Why?

Fri, 02 Jul 2021 04:00:00 -0000

The Pennsylvania Supreme Court threw out Bill Cosby’s sexual assault conviction this week, ruling that the disgraced comedian was improperly prosecuted after being promised immunity. On this week’s show, the hosts break down the court’s decision and its implication for the post-#MeToo legal landscape. Also on the show, on the final day of the Supreme Court term, the justices uphold controversial voting restrictions in Arizona; and RobinHood is hit with a record regulatory fine for lax oversight that harmed millions of its customers.

Ep. 206: High Court Strikes Blow Against NCAA

Fri, 25 Jun 2021 04:00:00 -0000

The U.S. Supreme Court ruled this week that the NCAA violated federal antitrust laws by barring student athletes from receiving compensation. The decision wasn’t a sweeping overhaul for players, but it could open the door to new, broader challenges at a time when college sports are already changing. We’re joined this week by Law360 senior sports law reporter Zach Zagger to break down the ruling and what it might mean going forward. Also this week: Harvard University wins a lawsuit seeking tuition refunds over COVID-19; the Supreme Court sides with a high school cheerleader who dropped F-bombs while off-campus; and a former BigLaw associate is in hot water after allegedly faking thousands of hours of pro bono work.

Ep. 205: What’s Driving The BigLaw Salary Wars?

Fri, 18 Jun 2021 04:00:00 -0000

Elite law firms across the country are racing to heap higher salaries and big new bonuses onto associates — a surprising development at the tail end of a global pandemic where economic belt-tightening was a common theme. We’re joined this week by Law360 legal industry editor Natalie Rodriguez to explain the so-called ‘salary wars’ in BigLaw, including what firms are bumping pay, why they’re doing it, and what might be next. Also this week: The U.S. Supreme Court issues big rulings on Obamacare and gay rights; a federal court upholds a Houston hospital’s vaccine mandate for workers; and Zoom mishaps abound during jury selection down in Texas.

Ep. 204: Toyota May Have Bribed Some Judges. The Feds Are On It.

Fri, 11 Jun 2021 04:00:00 -0000

Toyota is under federal investigation for allegedly bribing Supreme Court judges in Thailand in an effort to overturn a $350 million tax judgment. Law360's Frank Runyeon joins the show this week to explain what we know so far about the unfolding scandal. Also this week, we discuss an insurance suit that weighs whether the coronavirus or government orders were to blame for losses to a strip club; the DOJ recovering millions in ransom paid to hackers who halted operations of Colonial Pipeline; and a law student's homage to Legally Blonde that caught the eye of Reese Witherspoon.

Ep. 203: NFL Drops Race-Based Tests For Concussion Payouts

Fri, 04 Jun 2021 04:00:00 -0000

The NFL has agreed to end the use of a controversial race-based method of evaluating brain damage claims as part of its billion-dollar concussion settlement, months after a federal judge said she was “concerned” by the practice. On this week’s show, we’re breaking down the controversy, the NFL’s new move and what it means going forward. Plus, a Supreme Court ruling on a federal hacking law that critics warned could criminalize normal internet users; and more blowback from the bench for law firm Robbins Geller, this time over “reprehensible" efforts to steer a case toward a Long Island courthouse.

Ep. 202: Amazon Joins The Big Tech Antitrust Party

Fri, 28 May 2021 04:00:00 -0000

Amazon was hit with an antitrust lawsuit from Washington DC’s attorney general this week, accusing the tech giant of crushing competition and driving up prices. On this week’s show, Alex and Bill break down the new lawsuit and how it compares to recent similar cases against Google and Facebook. Also this week: A prominent plaintiffs firm is scolded for “fraud” and booted from a securities class action related to the FIFA bribery scandal, and a Trump-era ambassador sues over a verbal promise from Mike Pompeo to pay his legal bills.

Ep. 201: The Thorny Law That Brought Down A DA

Fri, 21 May 2021 04:00:00 -0000

An elected North Carolina district attorney was recently forced out of office via an obscure state law. Some say this was an instance of the law holding a DA accountable for ethical breaches, but others fear the state law could be used to punish DAs for unpopular decisions. On this week’s episode of Pro Say we welcome Law360 ethics expert Andrew Strickler to unpack this unusual ouster. Also this week: The Supreme Court takes up a bombshell abortion rights case with the potential to undo Roe v. Wade; lawsuits stemming from the GameStop trading saga from earlier this year get bundled into multidistrict litigation; and a former MLB pitcher claims that the Houston Astros’ cheating scandal cost him more than his career -- his trade secrets were also stolen.

Ep. 200: The Abrupt Fall Of The SEC's New Top Cop

Fri, 14 May 2021 04:00:00 -0000

Just a week into her tenure as a high-ranking SEC official, former BigLaw partner Alex Oh abruptly resigned in April — with little indication as to why. Now, the former Paul Weiss attorney has been sanctioned over a tense deposition in a human rights case against Exxon. On this week’s episode, Law360 senior securities reporter Deal Seal joins the show to unpack this messy situation. Also this week: A Texas bankruptcy judge dismisses the NRA’s bankruptcy case on account of bad faith; New Jersey sets strict guidelines on attorney accolades like Super Lawyers; and a Michigan man shows up for Zoom court with an unfortunate (and hilarious) screen name.

Ep. 199: A Tense Battle Over Vaccine IP

Fri, 07 May 2021 04:00:00 -0000

Covid-19 vaccines have hit the market, but there remains a huge discrepancy in access to the life-saving treatments between rich and poor countries. This week, the Biden administration endorsed a suspension of global intellectual property rules that advocates say will help worldwide vaccine distribution, teeing up a closely watched clash with the pharmaceutical industry. Law360’s Ryan Davis joins the show this week to break down this high-stakes collision of trade law, IP rights and public health. Also this week, a D.C. judge strikes down a federal eviction ban sparked by the pandemic, and the U.S. Tax Court puts a dollar figure to the complicated public image of Michael Jackson. Finally, the attorney who got tossed out of the Second Circuit for “discourteous” behavior gets a formal rebuke.

Ep. 198: What Opioid Crisis? Drugmakers Test Bold New Tack

Fri, 30 Apr 2021 04:00:00 -0000

After years of denying responsibility for the opioid crisis, major drugmakers are trying out a bolder defense in a trial that just kicked off in California: downplaying the severity of the crisis itself. This week, we’re breaking down the big trial and this new strategy, plus: Accusations that Bayer is running a “pay-to-appeal scheme” to help beat cancer litigation about Roundup weedkiller; A crash of a self-driving Tesla highlights legal uncertainty over who should be held liable for automated car wrecks; and a Morrison & Foerster staffer pleads guilty to spending more than $400,000 of firm money on personal products like “butt-enhancing trunks.”

Ep. 197: How Derek Chauvin Was Convicted Of Murder

Fri, 23 Apr 2021 04:00:00 -0000

Former Minneapolis police officer Derek Chauvin was found guilty Tuesday for the murder of George Floyd, following a weeks-long trial that captured the world’s attention. Law360’s senior trials reporter Cara Bayles was there every step of the way, and she joins us this week to break it all down — the big takeaways, the key moments, and what the verdict might mean for future police brutality cases. Also this week: A messy story about a BigLaw attorney in hot water over lies to a federal judge; a look back at Bernie Madoff’s massive fraud in light of his recent death; and a victory for MLB umpire Joe West in a defamation lawsuit against a former player who falsely accused him of accepting a bribe.

Ep. 196: Amazon Didn’t Unionize. What’s Next?

Fri, 16 Apr 2021 04:00:00 -0000

A landmark union push at an Amazon warehouse in Alabama ended in defeat Friday as workers decisively opted against organizing. While the outcome is a setback for organized labor, it may not be the end of the story. This week, we’re joined by Law360’s Braden Campbell to discuss the closely watched vote and the union’s looming effort to challenge the results. Also this week, a parent charged in the Varsity Blues college admissions scandal sues Netflix over his depiction in a documentary about the case; federal regulators start cracking down on Wall Street’s booming market for so-called blank check companies known as SPACs; and finally, Amber regails the boys with a story from her hometown about a man who would do anything for his wife, even if it meant pretend-killing her to escape fraud charges.

Ep. 195: Google Wins ‘Copyright Lawsuit Of The Decade’

Fri, 09 Apr 2021 04:00:00 -0000

For more than a decade, Google and Oracle have been duking it out over the extent to which individual companies can control an important building-block component of computer software code -- with Google potentially on the hook for billions of dollars in damages and the future of the technology industry seemingly at stake. On Monday, we finally got an answer from the Supreme Court, which avoided a critical copyright question but found that Google had made fair-use out of Oracle’s software code. Our own Bill Donahue has been tracking this case for years, and breaks down what the ruling means on this week’s Pro Say. Also this week, Amber catches us up on a pair of insurance coverage and tuition reimbursement suits stemming from COVID; and “Trade Law with A-Law” makes a triumphant return as Alex breaks down how courts have tackled the Trump administration’s national security tariffs.

Ep. 194: NCAA Finds Few Fans At The High Court

Fri, 02 Apr 2021 04:00:00 -0000

The fierce debate over the NCAA’s restrictions on paying college athletes reached the Supreme Court this week, with justices from across the ideological spectrum openly criticizing the current structure of college sports. On this week’s Pro Say, we break down the case and the tough questions lobbed by the justices. Also this week, the high court relaxes rules aimed at limiting media consolidation and a New York attorney’s refusal to wear a mask results in his case getting tossed. Finally, the gang commemorates Opening Day with a lawsuit from a former MLB pitcher claiming that the Houston Astros’ bombshell cheating scandal cost him his career.

Ep. 193: BigLaw Fights To Change Juvenile Life Sentences

Fri, 26 Mar 2021 04:00:00 -0000

BigLaw attorneys teamed up with the ACLU this month to win major changes to how Maryland grants parole to prisoners serving life sentences for crimes they committed as children. We’re joined this week by Law360 reporter Justin Wise to break it all down, including the details of the case, its potential impact, and how white-shoe law firms work with non-profit activists. Also this week: A former personal lawyer to President Trump fights defamation accusations by arguing that nobody should have taken her claims of voting fraud as factual; and a New Jersey legal ethics board weighs in on the perils of attorney “reply all” emails with clients.

Ep. 192: The Hidden Evidence Scandal That Rocked SDNY

Fri, 19 Mar 2021 04:00:00 -0000

The Southern District of New York was rocked last year by a scandal involving the mishandling of crucial evidence by federal prosecutors who then repeatedly misled the court about the incident. The saga was laid bare in recently unsealed court documents, and Law360 senior reporter Jack Queen joins us this week to talk about the scandal and what it means for the nation’s premiere U.S. attorney’s office. Also this week: A former congresswoman’s “revenge porn” suit faces tough sledding in California, and Google stays embroiled in a legal fight over the limits of its incognito browsing mode. Plus: The NCAA picks a fight over its March Madness trademark, squaring off against...a vasectomy clinic?

Ep. 191: The Trial of Derek Chauvin

Fri, 12 Mar 2021 05:00:00 -0000

Jury selection began this week in the murder trial of Derek Chauvin, a Minneapolis police officer whose videotaped killing of George Floyd sparked nationwide protests over police brutality and a broader reckoning with racism. Law360 reporter Cara Bayles, who is covering the trial, joins us this week to give us an inside peek at the key players, jury selection and the legal questions at play in the closely-watched case. Also this week: Ugly accusations of racial bias related to the NFL concussion settlement, and criminal charges over cryptocurrency against antivirus pioneer John McAfee.

Ep. 190: Virus Cases Drop, But Court Cases Surge

Fri, 05 Mar 2021 05:00:00 -0000

Americans can see light at the end of the tunnel from the COVID-19 pandemic, but litigation stemming from the virus is just ramping up. On this week’s Pro Say, we talk you through the latest coronavirus court battles, from a class action filed by Walmart employees over virus screening to a dispute over courtroom access to a constitutional battle over eviction moratoriums. Also this week, a former Boies Schiller attorney gets quickly booted from his new firm, and one of the largest patent infringement verdicts in history lands in Texas.

Ep. 189: Hard Seltzer Heads To Court

Fri, 26 Feb 2021 05:00:00 -0000

As hard seltzers like White Claw continue to boom in popularity, two beer giants are now duking it out in federal court over the legality of a Corona-branded seltzer. This week we’re breaking down the case, hitting on intellectual property, mergers & acquisitions, antitrust, and our love of seltzer. Also this week: We’re joined by Law360 Supreme Court reporter Jimmy Hoover to explain a flurry of activity at the high court; a former BigLaw partner avoids disbarment over the Varsity Blues scandal; and a Utah theme park learns the hard way not to start bad blood with Taylor Swift.

Ep. 188: Citibank’s $900 Million Mistake

Fri, 19 Feb 2021 05:00:00 -0000

In August, Citibank accidentally paid $900 million to creditors of cosmetics giant Revlon, which a federal judge called "one of the biggest blunders in banking history.” Rubbing salt in the wound, the judge also ruled this week that the bank cannot reclaim the bulk of the erroneous payment. This week, the gang breaks down Citi’s embarrassing misstep and its unsuccessful bid to undo it in federal court. Also this week: Jones Day gets hit by a sweeping data breach that has much of BigLaw on guard; and Peloton muscles up against what it says is a “baseless” campaign to assert a trademark dominion over the term “spinning.” Finally, Zoom court misadventures continue to percolate as a California judge raps an attorney for not wearing a tie.

Ep. 187: Cat Lawyer: It’s Complicated

Fri, 12 Feb 2021 05:00:00 -0000

Time briefly stood still this week as the Internet became transfixed by the plight of Texas attorney Rod Ponton, whose face was trapped behind an expressive and panicked cat filter during a court hearing on Zoom. Mere hours later, the light-hearted mishap turned into a parable of contemporary online celebrity as allegations of serious prosecutorial misconduct surfaced against Ponton. This week’s show breaks down the video, its weighty aftermath, and the nature of fleeting digital fame. Also this week: Whole Foods prevails in a discrimination suit over its discipling of workers for wearing Black Lives Matter face masks, an insurer is accused of colluding to block COVID-19 business loss coverage, and advocacy groups sue an L.A. judge for requiring in-person hearings amid the pandemic.

Ep. 186: How To Avoid Hiring A Sexual Harasser

Fri, 05 Feb 2021 05:00:00 -0000

News broke this week that a former New York Mets manager had been accused of repeated sexual misconduct, marking the second time in as many weeks that the team pled ignorance about hiring an alleged harasser. On this week’s show, we’re chatting with Law360 employment beat reporter Amanda Ottaway about how companies can avoid hiring past abusers. Also this week: the latest legal and regulatory fallout from the GameStop stock debacle; an appeals court’s rebuke of a federal judge who exhibited bias in a discrimination case; and a questionable trademark lawsuit against Taylor Swift by a theme park called Evermore.

Ep. 185: The GameStop Lawsuits Have Already Started

Fri, 29 Jan 2021 05:00:00 -0000

The whole country is in a tizzy over GameStop — a floundering video game retailer whose stock went through the roof this week because an internet mob wanted to stick it to hedge funds. On this week’s show, we’re breaking it all down: The absurd backstory, the lawsuits that have already been filed, and the possibility of new financial regulations to come. In other news, Law360 reporter Jack Karp joins us to discuss how judges and courthouse workers have struggled to get access to vaccines. Also this week: The notable absence of Chief Justice John Roberts at the second impeachment trial of Donald Trump; and a court filing that would have the United States governed by the rules set out in the Lord of the Rings’ mythology.

Ep. 184: Biden Bonanza

Fri, 22 Jan 2021 05:00:00 -0000

Within hours of taking the oath of office on Wednesday, President Joe Biden signed a string of executive actions, ranging from the COVID-19 pandemic to climate change. On this week’s episode of Pro Say, we’re breaking them all down, before taking a deep dive into how the new administration will impact three key practice areas: environmental law, immigration law, and antitrust law. Finally, we conclude with a Pro Say history lesson on the evolution of the lawyer joke.

Ep. 183: The Legal Fallout From The Capitol Attack

Fri, 15 Jan 2021 05:00:00 -0000

A week after a mob stormed the U.S. Capitol, we’re talking about the consequences that are rapidly unfolding. Dozens of rioters have been charged with federal crimes, BigLaw powerhouses are urging the removal of the President, and tech giants are in court over efforts to fight the misinformation that fueled the attack. Also this week: We sit down with Law360 employment law whiz Anne Cullen to chat about a little-known statute that’s suddenly at play after COVID-fueled mass layoffs; and the election software company Dominion files a high-profile defamation lawsuit against a conservative lawyer who has made “wild” accusations about the 2020 election.

Ep. 182: A New AG For A Country In Crisis

Fri, 08 Jan 2021 05:00:00 -0000

Joe Biden’s decision to select Merrick Garland as the next attorney general was quickly overshadowed by an unprecedented attack on the U.S. Capitol by Trump supporters looking to upend the election. In accepting the nomination, Garland himself pointed to the insurrection as evidence of the need for strong rule of law, and vowed to reposition the Justice Department as an apolitical entity in the wake of the Trump era. Law360’s Jimmy Hoover joins us this week to talk about the Garland nomination, the D.C. Circuit judge’s experience as a prosecutor, and how he will manage an agency many believe to be in crisis. Also this week, we discuss a “bizarre” case surrounding New York’s COVID-19 restrictions on live music performances. Finally, the gang introduces you to two more attorneys who have become citizens of Bachelor Nation.

Ep. 181: 2020 RECAP - The Year In Legal News

Fri, 18 Dec 2020 05:00:00 -0000

Let’s be honest: the year 2020 felt like it lasted a decade. A global pandemic turned life upside down in the spring, a battle against racial injustice broke out over the summer, and a contentious election closed out the fall. In our final episode of the year, the Pro Say podcast is going to walk you through how each of these stories affected the legal world, from courtroom closures and shirtless Zoom attorneys, to arrested BigLaw associates and calls for an end to qualified immunity, to a new Supreme Court justice and a deluge of questionable election litigation.

Ep. 180: Did Internet Providers Keep Their COVID Pledge?

Fri, 11 Dec 2020 05:00:00 -0000

At the onset of the pandemic, the Federal Communications Commission pushed hundreds of internet providers to pledge against disconnecting or penalizing customers who struggled to pay their bills. But a Law360 investigation revealed that the pledge wasn’t as effective as the FCC has claimed. We’re joined this week by senior telecommunications reporter Kelcee Griffis, who combed through thousands of FCC records to reveal the shortcomings of the companies’ promises. Also this week, state and federal officials join up for a sweeping antitrust blitzkrieg against Facebook; and an Arizona resort fails to recoup its COVID-19 losses by claiming that the virus should be considered “pollution.” Finally, Bill and Alex ponder the curious appeal -- and alleged financial misdeeds -- of The Cheesecake Factory.

Ep. 179: COVID-19 Vaccine Patents, Explained

Fri, 04 Dec 2020 05:00:00 -0000

Pharma companies have developed COVID-19 vaccines at record-breaking speed, utilizing never-before-used genetic technologies. Will these companies secure patents on those new technologies? And how will that impact the distribution of a pandemic-stopping shot? Joining us to answer those questions is Dani Kass, Law360’s senior patent reporter. Also this week: A Supreme Court case over corporate liability for overseas child slavery spawns a familiar debate over the personal responsibility attorneys bear for the arguments they make on behalf of clients; and New York City man sues after he fell through a hole in the sidewalk into a RAT PIT.

Ep. 178: THANKSGIVING SPECIAL - Stuffed With Weird Legal News

Wed, 25 Nov 2020 05:00:00 -0000

The Thanksgiving holiday might look a little different this year, but one thing that remains the same is our annual break for a special episode looking back at our favorite offbeat stories of the year. We revisit an attorney whose Second Circuit argument went sideways; a Kentucky state judge accused of having a threesome in the courthouse; a real-life request for trial by combat in family court; a former major league pitcher who confronted a naked man on LSD in his front yard; and a look at some of the best Yelp reviews of the Supreme Court cafeteria.

Ep. 177: When A Trial Becomes A Superspreader Event

Fri, 20 Nov 2020 05:00:00 -0000

Amid skyrocketing numbers of COVID-19 infections, a jury trial in Texas ended in a mistrial this week after at least 15 participants tested positive for the illness. On this week’s show, we’re breaking down the ill-fated trial in Texas, plus the slew of other courts that are shutting down during the third wave of the pandemic. Also this week: the law firm Sanford Heisler is best known for filing discrimination cases against BigLaw giants, but the firm is now facing allegations of bias from its own employees. We’re joined by Law360 reporter Anna Sanders, who broke the Sanford story. And finally, a federal court ruling that says the Trump administration cannot cite the pandemic as a reason to expel migrant children.

Ep. 176: All The President’s Lawsuits

Fri, 13 Nov 2020 05:00:00 -0000

President Trump has filed a slew of lawsuits aimed at challenging his election loss to President-elect Joe Biden, but the cases are supported by little evidence and don’t contest enough votes to change the outcome. This week, we’re going through those questionable lawsuits one by one, as well as the public relations backlash brewing for law firms like Jones Day that represent the president. Also this week, an audio-breakdown of the hotly-anticipated Supreme Court arguments over the fate of Obamacare.

Ep. 175: Voters Speak On Cannabis And The Gig Economy

Fri, 06 Nov 2020 05:00:00 -0000

All eyes have been on the presidential vote count, but a lot more was put to voters in the 2020 election. This week, we break down some key ballot measures including a win for gig economy companies in California, the spread of cannabis legalization, and more. We’ll also discuss a ruling in New York that puts an end to Amazon workers’ calls for more COVID protections from the retail giant; a legal malpractice lawsuit against Seyfarth Shaw; and a new, not so catchy jingle from the famed injury attorney Ross Cellino.

Ep. 174: Supreme Court ‘Packing,’ Explained

Fri, 30 Oct 2020 04:00:00 -0000

The confirmation of Amy Coney Barrett to the U.S. Supreme Court just days before an election has sparked calls from Democrats for serious changes to the high court. What might those reforms look like? Is it fair to call them “court packing?” On this week’s show, Law360’s Supreme Court reporter Jimmy Hoover joins us to break it all down, from the contentious backstory to a range of possible proposals. Also on this week’s show: A federal judge says government lawyers can’t represent President Trump in a private defamation suit; a North Carolina judge issues a first-ever ruling on how business insurance covers COVID-19; and the bizarre story of a BigLaw attorney who allegedly went on a bank robbery spree in Florida.

Ep. 173: United States v. Google

Fri, 23 Oct 2020 04:00:00 -0000

The U.S. Department of Justice filed a sweeping antitrust lawsuit against Google this week, accusing the tech giant of maintaining an illegal monopoly over internet search and online advertising. The case came amid a broader reckoning with the power of Big Tech, and it evoked historical comparisons to the famous Microsoft case of the late 1990s. Joining us to breakdown all these issues and more is Matt Perlman, Law360’s senior reporter on the competition beat. Also this week: A slew of major rulings on pandemic-era voting rules; and a multi-billion dollar fine against one of the key drivers of the opioid epidemic.

Ep. 172: The Shirtless Judge Who Shoved A Cop

Fri, 16 Oct 2020 04:00:00 -0000

A New York judge named Mark Grisanti is under fire after body camera footage obtained by Law360 showed him shoving a police officer and invoking his powerful connections following a shirtless brawl with neighbors. With Grisanti never charged with a crime, the video has sparked a broader conversation about whether Grisanti’s race and job led to lenient treatment. On this week’s show we’re breaking down the whole story, plus: A drugmaker racing for a COVID-19 vaccine vows not to sue for patent infringement; BigLaw giant Sidley Austin agrees to diversity its summer associates after a federal probe; and The Bachelorette returns with a new crop of lawyer-contestants.

Ep. 171: The Road Ahead For Amy Coney Barrett

Fri, 09 Oct 2020 04:00:00 -0000

Supreme Court nominee Amy Coney Barrett heads to Capitol Hill next week for confirmation hearings that figure to touch on hot-button points like abortion, healthcare and gun rights. Adding even more intrigue are the COVID-19 cluster that has ensnared two key Republican senators and the fast-tracking of Barrett’s nomination ahead of the November election. Joining us to break down the confirmation saga from every angle is Andrew Kragie, Law360’s congressional reporter. Also this week, Justice Clarence Thomas took aim the high court’s landmark gay marriage ruling; the justices heard Google and Oracle's high-stakes battle over smartphone copyrights; and a crucial update on the cultural refinement of the opinions issued by the U.S. Court of International Trade.

Ep. 170: Drug Rehab Or Forced Labor?

Fri, 02 Oct 2020 04:00:00 -0000

A growing number of courts are sending those accused of drug offenses and nonviolent crimes to addiction treatment rather than jail, but some residents are now claiming that the only treatment being offered at those facilities is forced, unpaid labor at for-profit businesses. Joining us to discuss this little-known side of the justice system is Jack Karp, who wrote a deep-dive about the practice and the growing litigation challenging it. Also this week: A ruling blocking President Trump’s TikTok ban; criminal charges over a deadly COVID-19 outbreak at a nursing home; and some scathing reviews of the lunch cafeteria at the U.S. Supreme Court.

Ep. 169: What You Need To Know About Amy Coney Barrett

Sat, 26 Sep 2020 04:00:00 -0000

President Trump has nominated Amy Coney Barrett to fill the seat on the U.S. Supreme Court left vacant by the late Justice Ruth Bader Ginsburg, setting the stage for a contentious battle over the future of the high court. To get you up to speed, this week on the Pro Say podcast we’re catching you up on everything you need to know about Amy Coney Barrett.

The Life And Legacy Of Ruth Bader Ginsburg

Tue, 22 Sep 2020 04:00:00 -0000

Justice Ruth Bader Ginsburg is among the few on the Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Pro Say sister podcast The Term took a look back at her legacy as a pioneering women's rights advocate with two guests who worked by her side. We’re going to share that episode with you today.

A programming note: President Trump has said he’ll name Justice Ginsburg’s replacement as soon as this weekend, so we will be publishing our next episode of Pro Say following that announcement with what you need to know about the nominee.

Ep. 168: Ex-Felons Lose Florida Voting Rights Battle

Fri, 18 Sep 2020 04:00:00 -0000

A federal appeals court ruled last week that Florida can require former felons to pay all outstanding fines and fees before gaining the right to vote, overturning a judge who said the requirement was an unconstitutional “pay to vote” system that would bar nearly a million people from the ballot box. This week we’re breaking it all down, including the backstory, the ruling itself, and a scathing dissent. Also this week: a Ninth Circuit ruling that could clear the way for the Trump administration to potentially deport almost 400,000 people; a former King & Spalding lawyer who is now battling both his ex-firm and his current attorneys; and Chuck E. Cheese makes an unusual play in its ongoing federal bankruptcy.

Ep. 167: Are You Ready For Some Football (Lawsuits)?

Fri, 11 Sep 2020 04:00:00 -0000

The National Football League kicked off its season this week, but there was never an offseason for football-related litigation. On this week’s episode, we’re catching you up on all the biggest cases you might have missed — from stadium tax credits to Terrible Towel trademarks to false advertising during the Super Bowl. Also this week, we dig into a legal battle between Whole Foods and its workers over Black Lives Matter face masks; a backlash over a Big Pharma opioid settlement centered on a huge donation of addiction-fighting drugs; and the critical film analysis of Netflix’s latest legal rom-com.

Ep. 166: Job Requirement: Vaccine

Fri, 04 Sep 2020 04:00:00 -0000

Pandemic-weary employers are hoping that a COVID-19 vaccine will make their workplaces safer, but forcing workers to get a shot is a legal minefield. On this week’s episode, Law360 employment law guru Vin Gurrieri walks us through a range of legal and practical problems with mandatory inoculation, as well as what history can teach us. Also this week, an appeals court strikes down the massive government data collection system exposed by Edward Snowden; Michael Avenatti gets slapped down after accusing Jeffrey Toobin of defamation; and a federal judge calls “poppycock” on a legal argument.

Ep. 165: The Legal Snags Of COVID-19 Parental Leave

Fri, 28 Aug 2020 04:00:00 -0000

As the COVID-19 pandemic has forced millions of working parents to care for homebound children, employers are struggling to understand new legal obligations designed to give employees more flexibility. This week, with a remote school year looming, we’re breaking down that complex legal landscape, as well as the steps taken by some law firms to support their working parents. Also this week, a 33-year-old Jones Day associate is nominated to the federal bench; Fortnite hits a snag in its app-store antitrust battle with Apple and Google; and a new Netflix movie documenting a one-of-a-kind Wu-Tang album and the infamous pharma bro who bought it.

Ep. 164: The Artistry of the Courtroom Sketch

Fri, 21 Aug 2020 04:00:00 -0000

Today we’re talking about one of the legal world’s most fascinating professions: the courtroom sketch artist. Relying on hand-drawn pictures to digest news events may seem quaint in the information age, but so long as television access to court proceedings remains limited, sketch artists will continue to play an important role. We talked with veteran courtroom artist Art Lien, who has documented cases at the U.S. Supreme Court and numerous other venues for decades, about his big break in the profession, his creative process, cameras in the courtroom, and much more. Also this week, former Trump adviser Steve Bannon gets collared for allegedly scamming donors out of millions intended for a privately funded border wall, and a California court grapples with the unique headaches of trials conducted over Zoom.

Ep. 163: The Latest TikTok Craze Is National Security

Fri, 14 Aug 2020 04:00:00 -0000

President Trump has declared the popular social media platform TikTok a risk to U.S. national security, citing its ties to China. The administration is now pursuing a number of legal options to address that threat, ranging from an outright ban of the app to a forced sale to a U.S. company like Microsoft. We’ll get you caught up on all the TikTok drama with Alex and Law360’s senior M&A reporter, Benjamin Horney. Also this week, a loss for Uber and Lyft could usher in a sea change for employment law in the gig economy, the Ninth Circuit gives Qualcomm a hammer lock on the smartphone chip and patent markets, and Kanye West bends the concept of time itself.

Ep. 162: Please Stop Rockin’ Down In Trump World

Fri, 07 Aug 2020 04:00:00 -0000

Rock star Neil Young filed a lawsuit this week aiming to block President Donald Trump from using his music at campaign events -- the first significant legal action taken by an artist among many who have complained about Trump’s choice of rally anthems. But as host Bill Donahue explains on this week’s episode, the complexities of music licensing makes stopping a campaign from playing particular music harder than it might seem. Also this week, New York’s attorney general seeks to dissolve the NRA over financial misconduct; the Federal Circuit rules against the misuse of PACER fees by the judiciary; and a former pro baseball player who fought off a drug-addled naked man on his front lawn wins in court.

Ep. 161: Bar Exam Chaos

Fri, 31 Jul 2020 04:00:00 -0000

The Pro Say team chatted this week with law school graduates around the country about how COVID-19 has impacted their bar exam experience — from months of uncertainty and delay, fears of test-site outbreaks and technological breakdowns, and lingering concern about what it means for job prospects. Also on this week’s show, how this year’s chaotic exam has called into question the test itself, and lent new support for radical changes to how lawyers are licensed.

Ep. 160: Do COVID Closures Violate the Constitution?

Fri, 24 Jul 2020 04:00:00 -0000

Courts around the country are weighing in on the legality of public health measures aimed at combating the spread of COVID-19, from movie theater closures to gym bans to mask requirements. On this week’s show, we’re breaking down a slew of recent rulings, plus previewing what might come next. Also this week: A tragic attack on the family of a New Jersey federal judge; and a chat with three major corporate general counsel about how they responded to the outbreak of the pandemic.

Ep. 159: A Wrap On A Wild High Court Term

Fri, 17 Jul 2020 04:00:00 -0000

It was a year of big surprises at the Supreme Court: A pandemic forced the justices to hold telephonic arguments; conservative Chief Justice John Roberts sided with the liberal wing on abortion and immigration rights, and the conservatives battled each other in the pages of dissenting opinions. We welcome Law360 Supreme Court reporter and Term podcast host Jimmy Hoover on this week’s episode to help us make sense of it all. Also this week: the Trump administration’s flip-flop on student visa policy; the looming crisis of evictions during the pandemic; and the funniest moments from the Supreme Court term.

Ep. 158: Absolutely (Not) Immune

Fri, 10 Jul 2020 04:00:00 -0000

The Supreme Court ended its term with a bang by issuing a pair of decisions on whether state prosecutors and federal lawmakers can access the president’s financial records. We break down the monumental rulings on this week’s episode, as the high court rejected the administration’s claims of absolute immunity and kicked the cases back into the judicial pipeline. Also this week: Employers would be wise to avoid COVID-19 liability waivers as they reopen their offices and California federal judge William Alsup calls the government’s case against a Russian hacking suspect “mumbo jumbo” and “gobbledygook.”

Ep. 157: Federal Watchdog Agencies, Beware

Thu, 02 Jul 2020 04:00:00 -0000

The Supreme Court took a bite out of the Consumer Financial Protection Bureau this week by allowing the at-will firing of its director, but the justices stopped short of dismantling the Obama-era watchdog completely. Law360 senior banking reporter Jon Hill joins the show this week to break down the decision and what it could mean for the future of other independent federal agencies. Also this week: a surprising victory for abortion rights advocates at the high court; and a pair of ill-advised attorneys in St. Louis who brandished firearms in their front yard as protestors marched down their street.

Ep. 156: BigLaw v. BigLandlord

Fri, 26 Jun 2020 04:00:00 -0000

A landlord claims that Jenner & Block owes almost $4 million in unpaid rent on its Chicago office, but the firm responded this week that its lease was effectively broken by the COVID-19 pandemic thanks to a special provision in its contract. On this week’s episode, we’re breaking down this brewing showdown between BigLaw and BigLandlord. Also this week: an appellate court rules that federal prosecutors can drop charges against former Trump adviser Michael Flynn; a huge damages award and an even bigger settlement in a pair of cancer product liability cases; and a victory for Twitter in the legal battle over a fake cow that makes fun of Rep. Devin Nunes.

Ep. 155: DACA + LGBTQ @ SCOTUS

Fri, 19 Jun 2020 04:00:00 -0000

The U.S. Supreme Court issued two big rulings this week, first handing down a landmark opinion protecting LGBT workers’ rights and then blocking the Trump administration from rolling back protections for young immigrants. This week we’re breaking down both, including an interview with former employment watchdog Chai R. Feldblum about the long-awaited Title VII decision. Also on this week’s show: the government lawsuit aimed at blocking the release of John Bolton’s book.

Ep. 154: ‘This Has To Stop’

Fri, 12 Jun 2020 04:00:00 -0000

Protests over police brutality and racial injustice continue across the nation, and the judiciary is beginning to take notice. On this week’s show, we discuss a Fourth Circuit decision that denied legal immunity to five police officers in the killing of an unarmed black man and invoked the George Floyd case in the process. Also this week: a suit over a coronavirus vaccine being held “hostage”; the largest whistleblower award ever handed out by the SEC; and a judge suspended for waging a $67 million legal war over lost pants.

Ep. 153: Why Are Cops (Sort Of) Above The Law?

Fri, 05 Jun 2020 04:00:00 -0000

George Floyd’s death at the hands of the Minneapolis police has led to charges against several officers. But prosecution of cops is rare, and rarer still are successful suits brought by the victims themselves. Why is it so hard to hold the police accountable? We're joined by University of Chicago Law School professor Will Baude to discuss how qualified immunity shields the police. Also this week, a look at BigLaw's reaction to police brutality and racial injustice; a pair of attorneys accused of hurling a Molotov cocktail; and a judge who says calling an attorney the c-word was a compliment.

Ep. 152: COVID Crimes Crackdown

Fri, 29 May 2020 04:00:00 -0000

Over the past few weeks, federal prosecutors have launched a wave of criminal cases accusing people of trying to take advantage of the COVID-19 pandemic. On this week’s show, we’re breaking them all down, including a New Jersey car salesman who sold price-gouged masks and a New York City man who tried to get millions in relief loans. Also on this week’s show, a big environmental ruling from the Ninth Circuit that could set the stage for a new rush of climate change cases filed in state courts.

Ep. 151: Will COVID-19 Shrink The Lavish BigLaw Office?

Fri, 22 May 2020 04:00:00 -0000

COVID-19 has forced BigLaw firms to abandon their opulent offices and transform their lawyers into remote workers, pushing many firm leaders to question the enormous price they pay for high-end real estate. Joining us this week to discuss is Law360’s Brandon Lowrey, who will break down what the post-pandemic law office might look like. Also this week: A looming eviction crisis in New York City housing court; accusations of “pandemic profiteering” as Uber and Grubhub consider merging; and a federal judge who refuses to stop quoting movies in his opinions.

Ep. 150: ‘The Last Trial’ With Scott Turow

Fri, 15 May 2020 04:00:00 -0000

Best-selling author Scott Turow practically invented the legal thriller, and his latest novel “The Last Trial” hit bookshelves this week. We talk with Turow about his legal career, why capturing the nuances of the law is so important to his writing, and what it means to say goodbye to one of his most beloved characters. Also this week: a big ruling on President Trump’s emoluments problem; a bizarre turn of events in the criminal case against Michael Flynn; and a ruling that strip clubs must also receive stimulus cash.

Ep. 149: SPECIAL GUEST - Judge Rakoff Talks COVID & The Courts

Fri, 08 May 2020 04:00:00 -0000

Manhattan federal judge Jed Rakoff joins the show this week to discuss the many challenges facing the court system in the era of social distancing, ranging from urgent prisoner release requests to the often unwieldy process of holding hearings over the phone. Also this week: The notoriously silent Justice Clarence Thomas keeps chiming in during high court’s teleconference arguments; the U.S. Women’s soccer team’s equal pay lawsuit suffers a blow; and the gang plunges the depths of the Supreme Court’s toilet-flushing mystery.

Ep. 148: COVID Tracing Might Get Pretty Orwellian

Fri, 01 May 2020 04:00:00 -0000

The end of social distancing will likely mean the start of unprecedented new public surveillance, putting efforts to halt new outbreaks on a collision course with basic civil liberties. Joining us this week discuss the complex legal problems that lie ahead is Law360 reporter RJ Vogt. Also on this week’s show: Accusations that a lawyer threatened to release confidential information about WilmerHale and Toyota; a Supreme Court ruling that averted a “pay-per-law” system; and a truly unfortunate Lynyrd Skynyrd cover performed by Ohio’s attorney general.

Ep. 147: The Legal History of the 1918 Flu Pandemic

Fri, 24 Apr 2020 04:00:00 -0000

The 1918 flu pandemic is the closest historical precedent for our current crisis, and it produced a slew of interesting court rulings — dealing with teachers who were denied pay, botched medications, and a triple homicide that led to a groundbreaking Supreme Court ruling on police misconduct. On this week’s show, we’re taking you through all of them. Also this week: The latest high court showdown over “stare decisis”; a cannabis company files a pioneering bankruptcy case; and a Florida attorney who refused to keep his pants on.

Ep. 146: Please, Put On A Shirt For Video Court Hearings

Fri, 17 Apr 2020 04:00:00 -0000

A judge in Florida has an urgent plea to attorneys during the coronavirus pandemic: Please put on a shirt before logging in to a court hearing via videoconference. On this week’s show, we’re talking about that attire warning and how it’s not that hard to put on a shirt. Also on this week’s show: 3M launches a legal war against mask price-gougers; employment attorneys struggle to keep up with the wave of unemployment claims; and experts predict a wave of malpractice lawsuits after the crisis subsides.

Ep. 145: COVID At SCOTUS

Fri, 10 Apr 2020 04:00:00 -0000

The U.S. Supreme Court has issued its first ruling dealing with COVID-19, refusing to postpone Wisconsin’s election. On this week’s show, we’re breaking it down: The decision, the blowback, and how the court might rule on future coronavirus fights. Also this week: A brewing legal battle over how insurance applies to the businesses shuttered by the pandemic; chaos and confusion reign as immigration courts stay open during the crisis; and a New Jersey attorney who faces social-distancing criminal charges over a Pink Floyd tribute concert.

Ep. 144: Coronavirus, Zoom and 'Tiger King'

Fri, 03 Apr 2020 04:00:00 -0000

After a brief hiatus, the Pro Say podcast is back with a brand new episode. On this week’s show, we’re talking about how lawyers and courts are continuing to grapple with the coronavirus pandemic; a class action against Zoom that claims the suddenly-ubiquitous service isn’t keeping personal information safe; and the many, many lawsuits involved in Netflix’s “Tiger King.”

Legalization Ep. 3: The Red Tape Problem

Fri, 27 Mar 2020 04:00:00 -0000

Due to the coronavirus pandemic, the Pro Say podcast is on a brief hiatus. In its place, please enjoy the third episode of Law360 Explores: Legalization, our look at the perils, pitfalls and promise of legal cannabis. As states open their doors to marijuana, they have to figure out the rules to govern it. On this episode we take a trip to California to explore that state’s efforts to control a booming industry — and why some business owners say it is pushing them to stay illegal.

Legalization Ep. 2: Dangerous Cash

Fri, 20 Mar 2020 04:00:00 -0000

Due to the coronavirus pandemic, the Pro Say podcast remains on hiatus. But check out the second episode of Law360 Explores: Legalization, our look at the perils, pitfalls and promise of legal cannabis. It’s no secret that many cannabis companies have had trouble getting a bank account. We explain just why that is -- and the lengths some businesses are going to get away from cash.

Legalization Ep. 1: The Boogeyman In The Tax Code

Fri, 13 Mar 2020 04:00:00 -0000

Due to the coronavirus pandemic, the Pro Say podcast is taking a brief hiatus. In its place, please enjoy Law360 Explores: Legalization, our look at the perils, pitfalls and promise of legal cannabis. In the first episode, we tackle a single sentence in the U.S. tax code that targets marijuana businesses and saddles them with a crushing tax burden. Hear how a relic of the War on Drugs is making it really hard for cannabis entrepreneurs to get off the ground.

Ep. 143: How The Legal World Is Confronting Coronavirus

Fri, 06 Mar 2020 05:00:00 -0000

Law firms, law schools, and the court system are all preparing for the impact of the global coronavirus outbreak – whether that means cancelling partner meetings, closing campuses or clearing courtrooms. On this week’s show, with the help of guest Natalie Rodriguez, we’re breaking down every aspect of what this generational health crisis means for lawyers and their clients.

Ep. 142: Too Big To Avoid Malpractice

Fri, 28 Feb 2020 05:00:00 -0000

Dentons, one of the world’s largest law firms, was recently hit with a $32 million malpractice verdict over a conflict of interest, raising serious questions about the firm’s international structure as a “Swiss verein.” This week, we'll talk about the case and about whether firms should rethink this global structure. Also this week: The judge in Roger Stone's case sticking up for jurors; former clerks of the late Ninth Circuit Judge Stephen Reinhardt calling out a system that keeps sexual harassment concealed; and a remarkable reversal by a prosecutor that stunned the Third Circuit.

Ep. 141: When Law Students Unite, BigLaw Listens

Fri, 21 Feb 2020 05:00:00 -0000

A groundswell of activism at the country’s elite law schools has already forced a number of BigLaw shops to abandon controversial employment agreements as students have seized upon their unique leverage within the industry. We’re joined this week by Law360’s Massachusetts court reporter Chris Villani to discuss the student-led movement that has put BigLaw on notice. Also on the show: Apple owes back pay to its employees over security checks; the Third Circuit considers holding Amazon liable for defective third-party products; and a federal judge sees nothing funny about a company responding to litigation with ‘LOL.’

Ep. 140: Thrown In Jail Over Medical Debt

Fri, 14 Feb 2020 05:00:00 -0000

Debtors’ prisons are supposed to be a thing of the past, but a spike in medical debt and aggressive legal tactics by collectors are increasingly exposing cash-strapped patients to arrest and jail time. We’re joined this week by Law360 reporter Jack Karp to break down the growing problem. Also this week: A lawsuit over the New York City real estate market’s dreaded “broker’s fee”; a judge who called out corporate “hypocrisy” over the use of forced arbitration agreements; and a special Valentine’s Day segment about a weirdo who sued his girlfriend for dumping him.

Ep. 139: When Coronavirus Threatens The Workplace

Fri, 07 Feb 2020 05:00:00 -0000

As the coronavirus ravages central China and stokes fears of an outbreak, employers are beginning to consider steps to ensure their workplaces remain safe. But there is a delicate balance to strike, as some of those well-intentioned steps could leave businesses on shaky legal ground with their employees. Joining us to discuss a raft of legal issues stemming from the virus is Law360’s senior employment reporter Vin Gurrieri. Also this week, a federal appeals judge calls out the government’s use of PACER fees; the Trump administration moves to bust up Schick’s acquisition of shaving startup Harry’s; and two attorneys’ attempt at a “Weekend at Bernie’s” reboot falls flat in the Second Circuit.

Ep. 138: Crooked Lawyers & Porn Stars

Fri, 31 Jan 2020 05:00:00 -0000

News of hush money payments to Stormy Daniels and Karen McDougal rocked the White House and eventually led to the downfall of President Donald Trump’s former attorney, Michael Cohen. We are joined this week by the Wall Street Journal’s Joe Palazzolo, who broke that story and has co-authored a new book that dives deep into the world of Trump’s “fixers.” Also this week: Martin Shkreli finally gets his day in court...again, and K&L Gates is hit with a discrimination lawsuit for firing an employee with ADHD.

Ep. 137: GRAMMY SPECIAL - Law360’s Legal Mixtape

Fri, 24 Jan 2020 05:00:00 -0000

In honor of this weekend’s Grammy Awards, we’re talking about the best songs involving the law — from Jay-Z's lesson on the Fourth Amendment to Bob Dylan's calls for clemency to Johnny Cash's frequent brushes with the legal system, plus many more. To listen to all the songs on Law360’s Legal Mixtape, check out our Spotify playlist. Also on this week’s show: Barstool Sports quietly concedes defeat over union-busting threats, and a federal appeals court splits over gender pronouns in court records.

Ep. 136: Weinstein On Trial

Fri, 17 Jan 2020 05:00:00 -0000

The first major criminal trial of the #MeToo movement is underway, as disgraced Hollywood mogul Harvey Weinstein stands trial in New York on charges of rape. To explain how we got here and what to watch, we’re joined this week by Frank Runyeon, who’s in the courtroom covering the case for Law360. Also this week: A “clickbait defamation” lawsuit filed against the New York Times; another arrest for once-ascendant lawyer Michael Avenatti; and a real-life request for “trial by combat” in family court.

Ep. 135: Impeachment Trials, Explained

Fri, 10 Jan 2020 05:00:00 -0000

Donald Trump has been impeached, but what comes next is increasingly unclear as lawmakers squabble over the terms of a Senate trial that could potentially remove him from office. What is an impeachment trial supposed to look like? And how have they been arranged in the past? Joining us this week to break it all down is Norm Ornstein, a congressional expert and scholar at the American Enterprise Institute. Also this week: Ikea pays $46M to settle litigation over dangerous furniture; a class action over the hacking scandal involving Amazon’s Ring home security system; and a judge is suspended over accusations of a courthouse ménage à trois.

Ep. 134: A Decade Of Law - Bidding Farewell To The 2010s

Fri, 20 Dec 2019 05:00:00 -0000

As the decade comes to a close, we’re looking back at all that happened in the legal world during the 2010s: The biggest trends, the most important Supreme Court rulings, and the trial of the decade. Plus, we’re

Ep. 133: Who Prosecutes A Prosecutor?

Fri, 13 Dec 2019 05:00:00 -0000

State prosecutors are rarely held accountable for bad behavior, even when courts find egregious or repeated misconduct. Now, some states are trying to change that. Law360 reporter Cara Bayles joins the show this week to explain how. Also this week: A group of former NFL players are charged with “brazen” healthcare fraud; New York loses big in a climate-change trial against ExxonMobile; and an attorney is thrown out of the Second Circuit after lobbing sarcastic remarks at judges.

Ep. 132: Holiday Party Hell

Fri, 06 Dec 2019 05:00:00 -0000

To get you ready for your office holiday party, we asked employment lawyers for the worst stories they’ve ever heard. We’re breaking them all down, including drunken fist fighting, trucks driving through walls, and a dry “December” party that went too far to avoid liability. Also this week: a lawsuit filed by Newark that claims New York is shipping its homelessness problem across the Hudson; a defamation lawsuit filed by George Zimmerman; and a judge who really wants you to not defecate publicly on a train.

Ep. 131: THANKSGIVING SPECIAL - Pass The Pro Say Offbeats, Please

Wed, 27 Nov 2019 05:00:00 -0000

In light of Thanksgiving this week, we’re taking a break from our normal show with a special holiday episode looking back at our favorite offbeat stories of the year. We revisit the breakup of Cellino & Barnes; a Houston Astros legend who allegedly stiffed landscapers after they built him a “badass lawn;” a Texas judge who resigned from the bench by accident; and a defamation suit against Elon Musk after he called someone “pedo guy” on Twitter.

Ep. 130: A Law School By Any Other Name

Fri, 22 Nov 2019 05:00:00 -0000

The University of Pennsylvania faced mass backlash from alumni last week after announcing it would rebrand its law school from “Penn Law” to “Carey Law” following a huge donation. The school is now backtracking, but why did this strike such a nerve? Law360’s Pennsylvania reporter Matt Fair joins the show this week to break it all down. Also this week: a blockbuster change to the antitrust rules governing the movie industry; a huge Supreme Court battle between Google and Oracle; and the ongoing debacle of a leaked bar exam.

Ep. 129: Yoga Won’t Fix The Billable Hour

Fri, 15 Nov 2019 05:00:00 -0000

The nation’s top law firms talk a lot about mental health these days, rolling out meditation apps, yoga classes and other efforts to fight attorney burnout. But if the industry really wants to combat alarming rates of depression, alcoholism and suicide, experts say it will require more fundamental changes. Law360 senior reporter Natalie Rodriguez joins us this week to discuss. Also this week: a ruling on when border guards can constitutionally search a smartphone; a drunken brawl at White Castle involving three Indiana judges; and a brutal bench slap over a “monstrosity” of an appellate brief.

Ep. 128: SCOTUS Debates Clean Water — and Whiskey

Fri, 08 Nov 2019 05:00:00 -0000

The U.S. Supreme Court this week heard a closely watched case about the reach and the limits of federal clean water laws — arguments that hit not only pollution and groundwater but also whiskey, punchbowls, and the novels of Agatha Christie. Here to break it all down is Juan Carlos Rodriguez, Law360’s senior environmental law reporter. Also this week: A big ruling in the battle over President Trump’s tax records; a ruling that an important patent tribunal is unconstitutional; and a fight over references to “The Godfather” during the trial of Roger Stone.

Ep. 127: Taylor Swift Can’t Shake Off Copyright Law

Fri, 01 Nov 2019 04:00:00 -0000

Taylor Swift is facing more copyright litigation over accusations that she ripped off the lyrics to “Shake It Off” from an earlier song about “players” and “haters.” This week, we’re breaking down the case, a big ruling that restarted it, and what comes next. Also this week: a Philadelphia judge rips into attorneys for Johnson & Johnson over accusations that his bias led to an $8 billion verdict; the DOJ says info about Justice Brett Kavanaugh is too embarrassing for FOIA; and a Halloween special about legally haunted houses and federal jurisdiction over Satan.

BONUS — Welcome To Law360 Explores: Legalization

Mon, 28 Oct 2019 04:00:00 -0000

Check out our newest Law360 podcast, about the murky legal scenarios playing out for cannabis companies across the country. We give you a sneak peek at this 5-part series that shares first-hand accounts from the businesses and attorneys grappling with an industry that is often legal at the state level but prohibited at the federal level. Find us on Apple Podcasts or any of your favorite podcast platforms - just search Law360 Explores.

Ep. 126: As Legal Weed Spreads, Convictions Linger

Fri, 25 Oct 2019 04:00:00 -0000

Even as cannabis is legalized in states around the country, previous convictions related to marijuana keep thousands from getting jobs, housing and loans. Joining us this week to discuss is Law360’s Jack Karp, who breaks down the problem and how activists are pushing to clean the slate. Also this week: A landmark trial against ExxonMobile over climate change kicks off in New York; and attorneys for President Trump make a bold claim about the president shooting someone on New York City’s Fifth Avenue.

Ep. 125: Opioids On Trial

Fri, 18 Oct 2019 04:00:00 -0000

After hundreds of thousands of deaths and years of litigation, the opioid epidemic's big day in court has arrived — or has it? A landmark trial is scheduled to kick off Monday against drugmakers accused of fueling the crisis, but there are some signs that a gigantic settlement could avert the whole thing. Joining us to break it all down is Daniel Siegal, Law360's senior trials reporter. Also this week: DLA Piper cuts ties with a rainmaker after accusations of sexual assault; Boies Schiller is disqualifed from a case due to personal ties between David Boies and Alan Dershowitz; and a Cleveland Browns fan says he was wrongly accused of pouring beer on an opponent.

Ep. 124: In DC Sniper Case, SCOTUS Weighs Teen Life Sentences

Fri, 11 Oct 2019 04:00:00 -0000

The U.S. Supreme Court will grapple next week with difficult questions about life prison sentences for juveniles when it hears the case of Lee Boyd Malvo, one of two “DC Snipers” who terrorized the Beltway in 2002. Reporter RJ Vogt joins us this week to explain the complex case, what it might mean for other less infamous lifers. Also this week, an update on the Varsity Blues scandal, a landmark high court case about LGBTQ discrimination, and more developments in the impeachment saga.

Ep. 123: Harvard, Affirmative Action, And The Battle Ahead

Fri, 04 Oct 2019 04:00:00 -0000

A federal judge ruled this week that Harvard University didn’t discriminate against Asian-Americans by using a race-conscious admissions process. Law360 Boston reporter Chris Villani joins us to break down the case, the ruling, and how it might set the stage for the next big Supreme Court case on affirmative action. Also this week, a big court ruling on federal net neutrality rules; a landmark California law allowing college athletes to get paid; and a lawsuit over an ex-Major League ballplayer’s “badass” lawn.

Ep. 122: Impeachment

Fri, 27 Sep 2019 04:00:00 -0000

The House of Representatives launched impeachment proceedings this week after explosive accusations that President Trump abused the power of his office by pressuring Ukraine to launch an investigation into Democrat Joe Biden. We’re breaking it all down: How we got here, what we learned this week, and how it all might unfold.

Ep. 121: The Legal System Has Left Native Women Behind

Sat, 21 Sep 2019 04:00:00 -0000

Violence against Native American women in the United States is at epidemic levels, and efforts to hold perpetrators accountable in court can be complicated by a maze of jurisdictional issues. Access to Justice reporter Emma Cueto joins the show this week to explain the difficulties Native Americans face in the justice system. Also this week, the likelihood of prison for parents in the Varsity Blues scandal; a first-ever arbitration in a Department of Justice antitrust case; and Elon Musk pleads ignorance in a defamation suit.

Ep. 120: Is The Gig Economy Doomed In California?

Sat, 14 Sep 2019 04:00:00 -0000

The California state legislature passed a bill this week making it harder for businesses to classify their workers as independent contractors, and it could be especially disruptive for the likes of Uber, Lyft and other so-called gig economy companies. Fisher Phillips employment partner Jim Fessenden joins the show this week to discuss the potential fallout from the bill. Also this week, Purdue Pharma’s huge opioid settlement and Jones Day’s redaction flub.

Ep. 119: How An Ex-Skadden Pro Beat Lying Charges

Sat, 07 Sep 2019 04:00:00 -0000

Former Skadden attorney and ex-White House counsel Gregory Craig was acquitted this week on charges that he lied about work he did for the Ukrainian government. To unpack the thorny trial we're joined by legal ethics reporter Andrew Strickler. Also this week: The White House has to return a Playboy reporter's press pass; a Texas judge is scolded for closing his courtroom to protest Kavanaugh's confirmation; and a nesting doll of music samples involving Notorious B.I.G.

Ep. 118: Why Are Cops Photoshopping Mugshots?

Sat, 31 Aug 2019 04:00:00 -0000

When a bank robbery suspect's face tattoos didn’t appear in eyewitness descriptions or security camera footage, police edited them out of his mugshot. The incident has sparked outrage from activists, but photoshopped police lineups are surprisingly common. Reporter RJ Vogt joins us this week to explain the controversial practice, why it’s done, and when it goes too far. Also this week: A former Google engineer is arrested for taking self-driving car secrets to Uber, and Johnson & Johnson is hit with a $572 million verdict over its role in the opioid epidemic

Ep. 117: Can A Robot Get A Patent?

Sat, 24 Aug 2019 04:00:00 -0000

For the first time ever, patent applications have been filed for a pair of inventions that were created by artificial intelligence – a situation that will force patent offices to grapple with thorny questions straight out of science-fiction. Senior intellectual property reporter Ryan Davis joins us this week to break down the issue. Also this week, Jones Day’s ongoing discrimination woes; a judicial dustup in DC over a reply-all email about climate change; and a lawsuit against Antonio Brown involving a frozen fish head.

Ep. 116: Down Goes LeClairRyan

Sat, 17 Aug 2019 04:00:00 -0000

LeClairRyan is no more. After years of losing money and hemorrhaging talent, the once-powerful Virginia firm announced last week that it would close its doors. Legal industry reporter Sam Reisman joins us this week to talk LeClairRyan -- the firm’s quick rise to national prominence, its unusual gamble on legal services, and how those choices ultimately led to its demise. Also this week: A ruling that allowed seven million people to sue Facebook over face-scanning; a judge who says his “grandmother” could have filed a case; and Ohio State University’s claim to a trademark on the most common word in the English language.

Ep. 113: Pay For Our Lawyers, Even If We Lose

Fri, 09 Aug 2019 04:00:00 -0000

This week’s hosts-only show tackles a trio of developments, all with high stakes and big money attached. We discuss a brewing Supreme Court fight over the U.S. U.S. Patent and Trademark Office’s unusual policy of demanding attorney fees from litigants who challenge agency, regardless of who wins the case. We also share the latest on two big privacy settlements — Equifax paying $700 million to resolve fallout from a 2017 data breach and Facebook shelling out a record $5 billion to the Federal Trade Commission. And we drill down on a criminal indictment against a drug distributor that may be part of the Justice Department's new playbook to curtail the opioid crisis. Finally, Jimmy Hoover drops in with a harrowing anecdote about parallel parking under the watchful eye of the Supreme Court.

Ep. 115: Can Mexico Extradite The El Paso Shooter?

Fri, 09 Aug 2019 04:00:00 -0000

Last week’s mass shooting in El Paso killed eight Mexican citizens, leading Mexico’s government to suggest that it will take the unusual step of seeking to extradite the shooter. To discuss the legal and practical dimensions of the situation, we’re joined this week by John Bellinger, a partner at the law firm Arnold & Porter and a former legal adviser at the U.S. State Department. Also this week: a libel lawsuit filed by Sarah Palin against the New York Times; an egregious closing argument about what jurors “haven't seen”; and a weird copyright fight over the Phillie Phanatic.

Ep. 114: Burnt Out? Try Being An Immigration Lawyer

Sat, 03 Aug 2019 04:00:00 -0000

Immigration lawyers are burnt out. The first two years of the Trump administration have been a whirlwind of abrupt policy decisions, nationwide injunctions and deep uncertainty, and all that chaos is taking its toll on the attorneys in the trenches. Immigration beat reporter Nicole Narea joins us this week to talk about what lawyers are doing to stay sane. Also this week: mass confusion for law students gearing up for the California bar exam; another music copyright verdict, this time against Katy Perry; and a big appellate ruling — about banana costumes.

Ep. 112: Remembering John Paul Stevens

Sat, 20 Jul 2019 04:00:00 -0000

John Paul Stevens, a liberal icon who spent more than three decades as a justice on the U.S. Supreme Court, died Tuesday at the age of 99. On this week’s show, Supreme Court reporter Jimmy Hoover breaks down the life and legal legacy of the late justice. Also on this week’s show: A ruling upholding New York City’s ban on Uber ads; a novel foray into plaintiff-side work for BigLaw giant Kirkland & Ellis; and a judge’s social-media gag order against indicted political operative Roger Stone.

Ep. 111: High Court Pro Neal Katyal Talks Trends & Trump’s Census About-Face

Sat, 13 Jul 2019 04:00:00 -0000

The Supreme Court term is over, but what will we remember 10 years from now? On this week’s show we’re joined by former acting U.S. Solicitor General Neal Katyal who shares his take on the biggest trends, Trump finally abandoning his plan to add a citizenship question to the census two weeks after the high court ruled, and whether stare decisis is in trouble. Also this week we discuss the arrest and indictment of billionaire Jeffrey Epstein and touch down on a Ninth Circuit judge who isn’t afraid of Game of Thrones spoilers.

Ep. 110: Census, Gerrymandering, And Last Call At SCOTUS

Sat, 29 Jun 2019 04:00:00 -0000

The U.S. Supreme Court concluded its term in dramatic fashion on Thursday, issuing a pair of blockbuster opinions on the 2020 census and partisan gerrymandering that will have sweeping implications for American elections. On this week’s show we dive deep into each of those rulings, plus touch on a trio of others from the high court’s big final week, including two important decisions on federal regulations and another on profane trademarks and free speech.

Ep. 109: Alexander (Jones) And The Terrible, Horrible, No Good, Very Bad Week

Sat, 22 Jun 2019 04:00:00 -0000

In a series of events that’s bizarre even by his standards, conspiracy theorist Alex Jones this week accidentally turned over child pornography to people who are suing him for spreading lies about the Sandy Hook shooting, then claimed it had been planted by opposing counsel, and then issued a bounty on those lawyers. We’ll explain how that went over with a judge. Also on this week’s show, the first hotly anticipated Supreme Court ruling of the term; and an attorney who extorted millions by suing over internet porn.

Ep. 108: Stop Calling My Phone, Robot

Sat, 15 Jun 2019 04:00:00 -0000

If there’s one thing that everyone can agree on, it’s that robocalls are an abomination. Last month, Americans received roughly five billion of them -- about 1,700 per second -- and spam calls rank as the top complaint to the Federal Communication Commission. This week, telecom reporter Kelcee Griffis joins us to explain the problem and why it’s taken so long to fix. Also this week, an update on the "Varsity Blues" admission scandal; another round of copyright litigation for Led Zeppelin; and a musical update on New York City’s favorite personal injury lawyers, Cellino & Barnes.

Ep. 107: The Big SCOTUS Cases, Ranked

Sat, 08 Jun 2019 04:00:00 -0000

The Supreme Court is about to start a mad dash to the finish, issuing more than two dozen rulings over the next three weeks, including all of the biggest decisions of the term. This week, we count down the most important opinions to watch for, ranging from free speech to gerrymanding to the 2020 census. Also this week, a lawsuit filed by basketball superstar Kawhi Leonard against Nike during the middle of the NBA Finals and an Amish woman's legal battle to avoid having her photo taken.

BONUS: How To Be A Great Lawyer

Tue, 04 Jun 2019 04:00:00 -0000

A few weeks ago we were lucky enough to chat with some of the legal luminaries honored at the 2019 Burton Awards, and we asked them to share some of the lessons they’ve learned that helped them excel. In this special bonus episode hear from Second Circuit Chief Judge Robert Katzmann, Oracle General Counsel Dorian Daley and the GC of 3M Ivan Fong on what it takes to be a great lawyer.

Ep. 106: Will The Glass Ceiling Ever Break?

Fri, 31 May 2019 04:00:00 -0000

For years women have been looking around their law firms and seeing mostly men in leadership. When will things change? This week the show features an all-female panel to discuss Law360’s annual Glass Ceiling Report, which reveals a glacial pace for increased gender parity in the law. Also this week we talk to one prominent female attorney who managed to crack the glass ceiling.

Ep. 105: The Freewheelin’ John Roberts

Sat, 25 May 2019 04:00:00 -0000

Have you ever wondered what Chief Justice John Roberts thinks about amicus briefs? What about his penchant for including Bob Dylan lyrics in his opinions? This week the Pro Say team went to Washington, D.C. for the Burton Awards that recognize excellence in the law, and we share with you highlights of remarks from Roberts, along with interviews of Burton honorees including Second Circuit Chief Judge Robert Katzmann, Oracle General Counsel Dorian Daley and the GC of 3M Ivan Fong.

Ep. 104: Kavanaugh v. Gorsuch

Sat, 18 May 2019 04:00:00 -0000

President Trump’s two Supreme Court appointees have found themselves at odds in a surprising number of cases, most recently in a big ruling backing iPhone owners who want to sue Apple. Reporter Jimmy Hoover joins us this week to discuss both the Apple case and the rift between the court’s two newest justices. Also this week, a $2 billion cancer verdict against Monsanto; a judge who seems skeptical of President Trump’s bid to block Congressional subpoenas; and a feces-smeared check delivered to the Oklahoma Bar Association.

Ep. 103: Justice, Outsourced

Sat, 11 May 2019 04:00:00 -0000

A Manhattan federal judge is “deeply troubled” that prosecutors effectively outsourced a criminal probe of Deutsche Bank to BigLaw firm Paul Weiss, saying it could have triggered constitutional violations. Reporter Jody Godoy joins us this week to discuss a tricky situation for white collar law enforcement. Also on this week’s show, a hedge fund exec heads to jail after screaming at a prosecutor during his securities fraud trial; a new study aims to figure out why so many clerks are white; and 90s classic Court TV makes a modern-day comeback.

Ep. 102: A 'Barbaric' Recusal

Sat, 04 May 2019 04:00:00 -0000

A Miami federal judge issued an extraordinary recusal order this week, saying he couldn't preside over a case against UnitedHealthcare because he believes the company's refusal to pay for cancer treatments is “immoral and barbaric." Also on this week's show, we talk about an in-house attorney who's suing after being asked to serve cake because she is a woman; President Trump's lawsuit to block Congress from subpoenaing Deutsche Bank; and an Oregon man who's suing Burger King over a promise to give him free Whoppers for life.

Ep. 101: 'Because Of Sex'

Sat, 27 Apr 2019 04:00:00 -0000

The Supreme Court agreed this week to decide whether federal sex discrimination laws cover LGBTQ workers, setting the stage for the next landmark civil rights ruling. Vin Gurrieri, Law360's employment law reporter, joins us to explain the case. Also on this week's show, criminal charges against a judge who refused to let federal agents make a courthouse arrest; arguments in a big Supreme Court case over the 2020 census; and a legal dispute over whether someone was a stripper or a "drunk customer."

Ep. 100: Mueller Madness

Sat, 20 Apr 2019 04:00:00 -0000

Just like everyone else in the country, we’re talking this week about the Mueller report – about the intricacies of bringing an obstruction of justice charge, about the “crazy shit” Don McGahn says President Trump asked him to do, and about the dividing line between the political and legal dimensions of the story. Also on this week’s show, we break down the Supreme Court oral arguments over free speech, curse words and trademarks.

Ep. 99: Opaque, On Purpose

Sat, 13 Apr 2019 04:00:00 -0000

Jones Day, one of the most prestigious law firms in the world, prides itself on a secretive pay scale and powerful leadership. But now those structures are at the center of a new lawsuit that says the firm underpays women. Law360’s Brandon Lowrey joins the show this week to talk about Jones Day, its institutions, and the new accusations. Also this week, a new criminal case against a pharma company over a treatment for opioid addiction; accusations that Monsanto is sending geo-targeted digital ads at jurors; and Kim Kardashian, Esquire.

Ep. 98: Fear and Loathing At An Opioid Trial

Sat, 06 Apr 2019 04:00:00 -0000

In one of the first criminal cases brought against pharma execs over the opioid crisis, officials at a small drug company are standing trial on charges they fueled the epidemic by bribing doctors to prescribe fentanyl. Law360’s Chris Villani has been in the courtroom for all of it, so he joins us to break down the trial and preview the verdict. Also on this week’s show, the latest news in the “Varsity Blues” college admissions scandal; a bankruptcy case that’s yielded accusations of shady billing by a BigLaw giant; and a Texas judge who accidentally resigned from the bench.

Ep. 97: There's Corn Syrup In The Beer!

Sat, 30 Mar 2019 04:00:00 -0000

The Beer Wars moved from the barroom to the courtroom this week, as MillerCoors filed a false advertising lawsuit over Bud Light ads that say Miller Lite is made with corn syrup. Those ads might be technically true, but our own Bill Donahue walks us through why that might not matter. Also this week, two big developments in the legal fight over the opioid epidemic; an abrupt reversal from the Trump administration in a case over Obamacare; and rapper Cardi B aims to lock up her signature catchphrase.

Ep. 96: Caseload Crisis

Sat, 23 Mar 2019 04:00:00 -0000

Judicial vacancies are a problem, but a sheer lack of new judgeships is a deeper issue that’s stretching the federal judiciary to the breaking point. In overburdened courthouses across the country, cases languish, judges get burned out and attorneys avoid federal court altogether. Reporter Cara Bayles joins us this week to explain the problem and how we got here. Also this week, a brutal oral argument for states accusing President Trump of violating the so-called emoluments clause; and a wacky lawsuit against Twitter over Rep. Devin Nunes’ cow.

Ep. 95: Summa Cum Fraude

Sat, 16 Mar 2019 04:00:00 -0000

A major college admissions scandal unfolded this week as federal prosecutors charged dozens of people with participating in an elaborate scheme to help children of wealthy parents — including the co-chairman of a powerful BigLaw firm — get into elite universities. Senior white collar crime reporter Jody Godoy joins the show this week to explain the charges. We’ll also touch on a big ruling that allowed parents of Sandy Hook shooting victims sue a gunmaker, and a Department of Justice decision to roll back an anti-bribery rule that banned disappearing message services.

Ep. 94: As Arrests Rise, Is Court Too Risky For Immigrants?

Sat, 09 Mar 2019 05:00:00 -0000

Immigrants are facing a growing risk of arrest if they enter a courthouse, as federal officials are increasingly using courts as staging grounds for enforcement actions. On this week’s show, reporter RJ Vogt joins us to discuss the trend, including why officers say it’s necessary and why advocates say it’s a problem. Also this week, a California appeals court rebukes an attorney who referred a female judge as “succubistic”; a Mardi Gras dispute in New Orleans over “huge ass beers”; and a nod to famed legal movie “My Cousin Vinny” from D.C. Circuit Chief Judge Merrick Garland.

Ep. 93: ‘Judges Are Appointed For Life, Not For Eternity’

Sat, 02 Mar 2019 05:00:00 -0000

An existential question: Can you fix the wage gap from beyond the grave? The Supreme Court said no this week, nixing a ruling in a gender bias case because the judge who wrote it passed away before it was published. We discuss that weird situation on this week’s show, plus a wave of copyright lawsuits over dance moves in the popular video game Fortnite; new criminal charges over ballot tampering in North Carolina; and the legal downfall of a project to remove the rat from the end of "The Departed."

Ep. 92: The Post-Oscars Legacy Of Hollywood’s ‘Inclusion Rider’

Sat, 23 Feb 2019 05:00:00 -0000

During her acceptance speech at the 2018 Academy Awards, actress Frances McDormand let the world know about inclusion riders, a novel contract provision that improves hiring practices to deepen diversity within an industry like Hollywood. In light of the 2019 Oscars on Sunday, we welcome in Kalpana Kotagal, a civil rights and employment lawyer at Cohen Milstein and a co-author of the inclusion rider, to explain what’s happened in the year since the provision took center stage. Also on this week’s Pro Say, Justice Clarence Thomas wants to open up libel laws; the Supreme Court deals a blow to civil asset forfeiture; and a judge’s dissatisfied “meh” makes its way into a published order.

Ep. 91: Criminal Records - Easy To Get, Harder To Clear

Sat, 16 Feb 2019 05:00:00 -0000

Roughly one in three Americans have some type of criminal record, and in today’s interconnected world that information is easily accessible and can present a barrier to employment, housing and education. On this week’s episode of Pro Say, reporter RJ Vogt stops by to explain how states are stepping in to help people clear their records, and how that process can still be hard to access. Also this week, a judge rules Paul Manafort lied to prosecutors; a former Apple attorney is charged with insider trading; the 4th Circuit says workplace sex gossip can support bias claims; and an embarrassing piece of evidence in a pharmaceutical company’s racketeering trial.

Ep. 90: CEO’s Bragging Has Equifax In A Cyber Mess

Sat, 09 Feb 2019 05:00:00 -0000

A lawsuit over the huge Equifax data breach is moving forward after a judge ruled that investors can sue the company for bragging that it had top-notch cybersecurity, raising tough questions for other companies about how they tout their own hacking defenses. Ben Kochman, senior cybersecurity reporter, joins us this week to discuss the case and its ramifications. Also this week, a lawsuit aimed at tearing down the federal court system’s paywall; an Apple bug that accidentally recorded an attorney-client meeting; and a Manhattan associate who was suspended for repeatedly making his mistakes worse

Ep. 89: No Country For Old Lawyers

Sat, 02 Feb 2019 05:00:00 -0000

As baby boomer attorneys who hung their shingles in small towns around the country retire, fewer and fewer new lawyers are willing to replace them, leaving many residents with limited or even no access to legal help. Jack Karp who wrote about the issue for our Access to Justice newsletter comes on the show to tell us about these legal deserts. Also this week we discuss more than 170 general counsels issuing an ultimatum to BigLaw over attorney diversity; a pair of indictments leveled against Chinese telecom giant Huawei; and instagram influencers facing questions over Fyre Fest.

Ep. 88: Unpacking Skadden’s Ukraine Lobbying Scandal

Sat, 26 Jan 2019 05:00:00 -0000

BigLaw powerhouse Skadden Arps recently agreed to pay $4.6 million to settle Department of Justice allegations that it failed to register lobbying work it performed on behalf of the Ukrainian government -- work that came to light through Special Counsel Robert Mueller’s indictment of Paul Manafort. Law360 D.C. reporter Jimmy Hoover joins us this week to unravel the saga of how Skadden’s work for Ukraine began with caution but ended with lies. Senior Legal Ethics Reporter Andrew Strickler also stops by to explain more about the legal risks one particular former Skadden partner now faces following the settlement. We also discuss the Supreme Court’s ruling that allows the Trump administration’s ban on transgender military members to move forward; and a lawsuit brought by fans of the New Orleans Saints who are upset about a call that cost their team a chance at the Super Bowl.

Ep. 87: LIVE SHOW - SDNY Chief Talks Women In The Law

Sat, 19 Jan 2019 05:00:00 -0000

This week the Pro Say podcast is live from the New York State Bar Association's annual meeting. We take a look at issues surrounding the #MeToo movement and how women are faring in the legal profession, with special guests Chief Judge of the Southern District of New York Colleen McMahon and NYSBA President Michael Miller. And are you still confused about how the judiciary will fare in the protracted government shutdown? We do a lightning round of what you need to know.

Ep. 86: Can Trump Declare A National Emergency To Build His Wall?

Sat, 12 Jan 2019 05:00:00 -0000

With the government shutdown nearing three weeks, President Donald Trump threatened this week to declare a national emergency to pay for a border wall that Congress won’t approve. Can he do that? To help answer that question, we’re joined this week by Elizabeth Goitein of the Brennan Center for Justice, the author of a recent study on emergency powers. Also this week, we discuss how long the federal courts can stay open under the shutdown; Brett Kavanaugh’s first Supreme Court opinion; a big win in court for Flint water crisis victims; and a Reed Smith attorney whose “Animal House” references landed him in double secret probation.

SPECIAL ANNOUNCEMENT: Come See Us Live!

Sat, 05 Jan 2019 05:00:00 -0000

Have you ever wondered what Amber, Alex, and Bill look like in person? Come find out when we appear at the New York State Bar Association's annual meeting at the New York Hilton Midtown on Wednesday, January 16 at 11 a.m. We'll be joined by special guests including NYSBA President Michael Miller and Hon. Colleen McMahon, the chief judge of the U.S. District Court for the Southern District of New York. Don't miss the fun!

Ep. 85: YEAR END SPECIAL - The Biggest Legal Stories of 2018

Sat, 22 Dec 2018 05:00:00 -0000

2018 had no shortage of huge legal news developments. For our last show of the year, we’re sharing what we think were the three biggest legal stories, including: Justice Brett Kavanaugh’s contentious journey to the High Court; an ongoing cycle where the Trump administration cracks down on immigration only to see their policies challenged in court; and the ever intensifying Mueller probe and criminal allegations against a long list of Trump associates.

Ep. 84: Clergy Abuse Victims Want New Shot At Justice

Sat, 15 Dec 2018 05:00:00 -0000

A bombshell grand jury report in Pennsylvania this summer that priests sexually abused a thousand children has kickstarted an effort to extend the amount of time that victims can sue, but not everyone supports the change. This week reporter Dan Siegal joins us to explain the situation and how similar provisions have worked out in other states. Also this week, we discuss Michael Cohen’s sentencing; and Federal Judge William Alsop quizzing potential jurors on whether they believe in UFOs and telekinesis.

Ep. 83: You Copy-and-Pasted A False Statement. Are You A Fraudster?

Sat, 08 Dec 2018 05:00:00 -0000

Can you be held liable for securities fraud if you simply copy-and-paste someone else’s false statements? The U.S. Supreme Court wrangled with that question this week, and reporter Jon Hill joins us to explain the case. Also this week, we discuss President Donald Trump’s bid to collect attorneys' fees from Stormy Daniels after her failed libel suit; rapper Jay-Z’s successful fight for more diversity among arbitrators; and a lawsuit from Chicago Bulls great Scottie Pippen against a Florida lawyer who allegedly trashed his mansion.

Ep. 82: The Government Took My Land Rover. Now What?

Sat, 01 Dec 2018 05:00:00 -0000

If you’re charged with a crime, can the government just take your stuff? The practice of seizing property from criminal defendants, known as civil forfeiture, has skyrocketed over the past decade, but a new Supreme Court case looks likely to rein it in. To discuss the issue and the case, we’re joined this week by senior reporter Diana Jones. Also on this week’s show, we discuss another of President Trump’s controversial judicial nominees; Reed Smith firing a partner accused of sexual harassment; and how fewer and fewer people can pass the California bar exam.

Ep. 81: THANKSGIVING SPECIAL - Pro Say's Legal Leftovers

Sat, 24 Nov 2018 05:00:00 -0000

In light of Thanksgiving this week, we’re taking a break from our normal show with a special holiday episode looking back at our favorite offbeat stories of the year. We revisit all the legal drama surrounding the West Virginia Supreme Court; a dine-and-dash dater; an attorney who called his client a “total moron;” a woman who took a toilet tumble at the White House Easter egg roll; and former Jersey Shore star Mike “The Situation” Sorrentino’s mounting legal troubles.

Ep. 80: CNN v. Trump

Sat, 17 Nov 2018 05:00:00 -0000

CNN took President Trump to court this week for banning reporter Jim Acosta from the White House, culminating on Friday in a major win for the network. Our own Bill Donahue was covering the case all week and walks us through the details. We’re also joined this week by John B. Bellinger III, one of several prominent conservative attorneys who say President Trump has undermined the rule of law. Also on this week’s show, a group of Harvard Law students organize a boycott against Kirkland & Ellis; and a Hogan Lovells attorney is caught watching porn at work.

Ep. 79: Sessions Adjourned

Sat, 10 Nov 2018 05:00:00 -0000

President Trump fired Attorney General Jeff Sessions the day after the midterm elections, replacing him with a loyalist named Matthew Whitaker. At the end of a wild week, we’re talking about Sessions’ firing, about Whitaker’s controversial appointment, and about what it all means for Robert Mueller. Also this week, we talk about big votes on criminal justice and marijuana and interview a BigLaw attorney about her firm’s efforts to help voters on Election Day.

Ep. 78: Will RICO Suits Harsh The Weed Industry’s Mellow?

Sat, 03 Nov 2018 04:00:00 -0000

The tension between state and federal cannabis laws was on display this week in Colorado, where a marijuana farm beat accusations that their otherwise legal business amounted to federal racketeering. To break down the case’s big implications for a budding industry, we’re joined by Denver court reporter Diana Novak Jones. Also this week, we discuss Pittsburgh’s failed effort to hide the details of its bid for a new Amazon headquarters; and a litigious New York attorney who couldn’t shake a judge’s “copyright troll” label.

Ep. 77: BigLaw Quiet About Ties To Saudi Arabia

Sat, 27 Oct 2018 04:00:00 -0000

The murder of Washington Post columnist Jamal Khashoggi at the hands of the Saudi Arabian government has put U.S.commercial ties with the Middle Eastern nation under the microscope, and BigLaw is no exception. We’re joined by D.C. reporter Jimmy Hoover to talk about which firms have ties to the Saudis, the one firm that has already backed away, and the many others that have remained silent. Also this week, we discuss New York’s suit claiming Exxon Mobil defrauded shareholders by downplaying climate change; the fight over a citizenship question on the 2020 U.S. census; and an attorney who claims too much wine led him to share insider stock tips.

Ep. 76: Fla. Gov. Can’t Pick 3 New Justices On His Last Day

Sat, 20 Oct 2018 04:00:00 -0000

The Florida Supreme Court ruled this week that Gov. Rick Scott couldn’t pick three new high court justices in his final hours in office, capping off a strange judicial showdown in the Sunshine State. Carolina Bolado, our senior Florida reporter, joins us on the show this week to break it all down. Also this week, we’ll talk about a stinging dissent about criminal sentencing from Sonia Sotomayor; a case that’s been dubbed “The Biggest Class Action In History”; and more chaotic impeachment developments in the West Virginia Supreme Court.

Ep. 75: The Supreme Court Loves Arbitration

Sat, 13 Oct 2018 04:00:00 -0000

The Supreme Court is once again set to weigh in on the important question of arbitration agreements, and what the justices decide in two big cases could have an impact on millions of workers across many industries. To unpack the new cases and what’s at stake in the term ahead, we’ll be joined by Law360 senior employment reporter Vin Gurrieri. Also on this week’s show, an accusation that a federal judge should have recused herself from a major case because she was in talks to join Cravath; a new case claiming that NYU and Harvard discriminate white men; and an epic smackdown from an appellate judge who said a case against Jay-Z had “a real stench to it.”

Ep. 74: SUPREME COURT SPECIAL - Ex-Solicitor General Highlights Cases You Should Watch

Sat, 06 Oct 2018 04:00:00 -0000

With the U.S. Supreme Court’s new term officially under way, we're breaking it all down -- the important cases to watch, the petitions the court could grant, and how this term might differ from last year's whirlwind. Joining us to preview all things SCOTUS is Ian Gershengorn, a former acting U.S. Solicitor General and the current head of Jenner & Block’s appellate practice.

Ep. 73: Kavanaugh Showdown On Capitol Hill

Sat, 29 Sep 2018 04:00:00 -0000

All eyes were on Capitol Hill on Thursday for a pivotal hearing on Dr. Christine Blasey Ford’s accusations of sexual assault against Supreme Court nominee Brett Kavanaugh. Ford described fearing for her life; Kavanaugh angrily denied the allegations. On this week’s show, we break down the whole chaotic week of news, including Thursday’s bombshell hearing and the latest developments from Friday. Plus, our reporter Michael Macagnone, who was in the room for the hearing, will join the show to give us the inside story.

Ep. 72: Manafort Plea Deal Spells Trouble for Skadden

Sat, 22 Sep 2018 04:00:00 -0000

Skadden Arps Slate Meagher & Flom LLP is again facing scrutiny over its links to former Trump campaign chairman Paul Manafort. The elite BigLaw firm has long denied any wrongdoing over its involvement in his shady lobbying for pro-Russian figures, but the plea deal Manafort struck with prosecutors last week seemed to contradict some of those claims. Law360 senior reporter Andrew Strickler, who has been following the Skadden story for months, joins us to break it all down. Also on this week's show, a recap of the sexual assault allegations against Brett Kavanaugh; a disturbing gender discrimination case leveled against the firm of Manatt Phelps; and Justice Sonia Sotomayor’s entertaining chat with children at the Brooklyn Public Library.

Ep. 71: EMMYS EXTRAVAGANZA - The Best In Legal Television

Sat, 15 Sep 2018 04:00:00 -0000

In honor of the Emmy Awards, we’re presenting our own honors to celebrate achievements in television that focuses on the law. Join us as we hand out awards for key legal moments from “Game of Thrones,” “The Office,” “Breaking Bad” and many more, plus a Lifetime Achievement Award for a certain long-running legal drama. Tune in.

Ep. 70: Kavanaugh Takes On Capitol Hill

Sat, 08 Sep 2018 04:00:00 -0000

Congress held confirmation hearings for Supreme Court nominee Brett Kavanaugh this week that included drama over documents, protests, and plenty of talk about big issues like abortion and gun control. D.C. reporter Michael Macagnone who was on the scene for the hearings comes on the show to give us an inside look at the action. Also this week, we discuss State Farm’s $250M settlement in a case over buying a judge; Facebook and Twitter execs weighing in on “fake news” and facing a suit over allegedly suppressing conservative content; and a dine-and-dash dater who may have to pick up the tab for some legal bills.

Ep. 69: Did State Farm Buy Itself A Judge?

Sat, 01 Sep 2018 04:00:00 -0000

State Farm is facing a trial this week over allegations that it spent millions of dollars to get a justice elected to the Illinois Supreme Court who later overturned a billion dollar verdict against the insurance giant. Law360 trials reporter Cara Salvatore, who will be in the courtroom for the trial, stops by to give us all the details. Also this week, we discuss Trump’s efforts to reshape the judiciary; a major ruling on the foreign reach of U.S. bribery laws; and a Texas federal judge with a penchant for outlandish opinions.

Ep. 68: What The Cohen & Manafort News Means For Trump

Sat, 25 Aug 2018 04:00:00 -0000

Within minutes on Tuesday two of President Trump’s closest confidants -- his former attorney Michael Cohen and the one-time chairman of his presidential campaign Paul Manafort -- became felons. What do you need to know to understand Cohen’s plea agreement and Manafort’s conviction? This week we’re joined by white collar ace and former federal prosecutor Seth Waxman to take a deeper look at what these watershed developments mean for the Trump administration.

Ep. 67: Disabled Attorneys Fight For A Place In The Law

Fri, 17 Aug 2018 04:00:00 -0000

For disabled attorneys, the legal profession can be a lonely place. In the hypercompetitive pursuit of clients and partnership slots, they may feel pressure to downplay their disability out of fear of facing bias and stigma. And while many law firms offer affinity groups for female, minority and LGBTQ attorneys, fewer mention disabilities in their diversity efforts. On this week’s show, we dive into these challenges with reporters Brandon Lowrey and Erin Coe, who each reported recently on disabled attorneys’ fight for their place in the law. A transcript of this week’s episode is available at https://go.law360.com/2MiJn3z

Ep. 66: Will West Virginia Impeach Its Entire Supreme Court?

Sat, 11 Aug 2018 04:00:00 -0000

West Virginia lawmakers this week took the unprecedented step of launching impeachment proceedings against the entire state Supreme Court, citing more than $3 million the justices spent on office renovations along with other allegations of negligence and corruption. Host Amber McKinney breaks down the judicial chaos unfolding in her home state, while Bill and Alex discuss the insider trading indictment of U.S. Representative Chris Collins, and a judge’s refusal to let Cadwalader call experts to the stand during an upcoming legal malpractice trial.

Ep. 65: Investing 101 -- How NYU Beat Retirement Fund Mismanagement Claims

Sat, 04 Aug 2018 04:00:00 -0000

Universities across the country are facing a flurry of lawsuits that claim they cost workers millions by mismanaging retirement portfolios, but this week, in the first case to reach trial, NYU beat those allegations in court. Law360 senior benefits reporter Emily Brill joins the show to break down how exactly they did it. Also on this week's show, we discuss a BigLaw attorney who suggested his opponent's pregnancy was a delay tactic; and a California high court ruling that Starbucks must actually pay its workers for all the time they work

Ep. 64: The Murky Ethics Of The Trump-Cohen Tapes

Sat, 28 Jul 2018 04:00:00 -0000

Michael Cohen didn’t commit a crime under New York law when he secretly recorded conversations with now-President Donald Trump, but the practice strongly suggests a toxic attorney-client relationship and could amount to an ethics breach. Law360’s senior legal ethics reporter provides insight on this week’s show, which also includes a “Trade Law with A-Law” segment and touches on the drugmaker who lost its bid to shield patents using Native American tribal immunity.

Ep. 63: Why MGM Sued Las Vegas Mass Shooting Victims

Sat, 21 Jul 2018 04:00:00 -0000

Our main story this week is an unusual lawsuit filed by MGM Resorts against the victims of last year’s mass shooting in Las Vegas -- and the public relations nightmare that followed. We’ll also break down a jury’s billion-dollar verdict against Johnson & Johnson over talcum powder; a judge’s rejection of a labor law settlement for McDonald’s; and a bizarre freedom of the press story that saw a judge deleting portions of the Los Angeles Times. We’re also asking for your help. Go to the ABA Journal’s website at http://www.abajournal.com/blawgs/web100/ and nominate us to appear on their annual Web 100 Amici list that compiles the best of the legal web, including podcasts like Pro Say. Hurry! Nominations are due by Tuesday, Aug. 7.

Ep. 62: Who Is Brett Kavanaugh?

Sat, 14 Jul 2018 04:00:00 -0000

We’re talking all things Brett Kavanaugh, the 53-year-old judge who President Donald Trump selected this week to replace Justice Anthony Kennedy on the U.S. Supreme Court. The political battle lines are already forming in Washington D.C, but who is the man himself? With help from Law360 high court reporter Jimmy Hoover, we'll unpack it all — from Kavanaugh's resume, to his biggest rulings, to his writing style and judicial philosophy.

Ep. 61: SUPREME COURT SPECIAL - Cases, Kennedy & Key Stats

Sat, 07 Jul 2018 04:00:00 -0000

This week's Pro Say is our Supreme Court special, where we step back and take a look at the lessons from the 2017 term. This term the justices considered some blockbuster cases, but the outcomes weren't exactly what many court watchers expected. Willy Jay, co-chair of Goodwin Procter's appellate litigation practice comes on the show to break down the action, including what to expect now that Justice Anthony Kennedy has retired. Also this week, we talk about all the key stats you need to know to understand the impact of the high court's actions this year.

Ep. 60: The SCOTUS Term’s Dizzying Final Week

Sat, 30 Jun 2018 04:00:00 -0000

Justice Anthony Kennedy’s retirement from the U.S. Supreme Court dominated the headlines, but the final week of the term also saw the court uphold President Donald Trump’s travel ban and deal a significant blow to organized labor. Hawaii Lieutenant Governor Doug Chin joins us to discuss his state’s failed challenge of the president’s controversial ban, and Law360 employment reporter Vin Gurrieri stops by to explain the justices’ union opinion. Also in this week’s packed show, we’ll discuss Justice Kennedy’s announcement, a few other major SCOTUS rulings, and just how old you can be before one firm forces you to retire.

Ep. 59: Trump’s Family Separation Scandal, Explained

Sat, 23 Jun 2018 04:00:00 -0000

Immigrant families have been separated by the thousands along the Southern border under a Trump administration zero-tolerance policy. After intense outcry, President Trump issued an Executive Order, but will that actually fix anything? Nicole Narea, senior immigration reporter, joins us to explain the complex legal dynamics at play. Also this week, we discuss two Supreme Court rulings: one that could upend how states collect sales tax from online retailers, and another that punted on the issue of partisan gerrymandering. And finally, we talk about a West Virginia Supreme Court Justice who is in a mountain of trouble.

Ep. 58: The Overwhelming Whiteness Of BigLaw

Sat, 16 Jun 2018 04:00:00 -0000

For years, law firms have had programs aimed at increasing diversity in their attorney ranks. But we’ve got some bad news: It’s not working. Today we’re joined by senior reporter Natalie Rodriguez, who will tell us about the results of our latest survey of diversity at law firms, and what experts say are the things that could actually move the needle on this issue. Also this week, we talk about a federal court approving the blockbuster $85 billion merger of AT&T and Time Warner; the New York Attorney General suing Trump for allegedly using his charity foundation as a “personal checkbook”; and a judge calling out the “egregious behavior” of a New York City real estate developer who demolished the famed graffiti space 5Pointz.

Ep. 57: Paul Manafort And The Obscure Law That Snagged Him

Sat, 09 Jun 2018 04:00:00 -0000

Robert Mueller’s investigation of Russian meddling in the 2016 election made headlines a few times this week, so we’re devoting the entire show to breaking it all down. Michael Macagnone, senior Washington DC reporter, joins us to explain the obscure lobbying law that ensnared former Trump campaign director Paul Manafort — and how it’s keeping K Street and BigLaw up at night. We also talk about new accusations that Manfort engaged in witness tampering, as well as President Trump’s claim that he can pardon himself.

Ep. 56: Quinn Emanuel Plays Hardball With Departing Partners

Sun, 03 Jun 2018 04:00:00 -0000

BigLaw firm Quinn Emanuel is facing allegations it used ethically-dubious tactics against high-profile partners who left to form a new firm, enforcing an obscure contract provision to dissuade them from poaching associates. To break it all down, we’re joined by senior legal industry reporter Sam Reisman. Also this week, we discuss efforts by San Francisco and Oakland to hold oil giants responsible for the impact of climate change; Apple’s $539 million verdict against Samsung; and how courtroom cackles during oral arguments led to a second chance.

Ep. 55: Why Are All The Partners STILL Men?

Sat, 26 May 2018 04:00:00 -0000

Are you looking around your firm and still seeing a lot of men in leadership? This week we’re discussing Law360’s annual Glass Ceiling Report, which, like last year, found that women are still heavily underrepresented at the country’s law firms, especially in leadership roles. Joining us to discuss the report is senior reporter Natalie Rodriguez, who sat down with female firm leaders to hear their stories. Then, attorney Kerrie Campbell joins us to talk about the lawsuit she filed against Chadbourne & Parke over what she described as a “boys’ club” culture that led it to pay women less than men.

Ep. 54: Sports Betting & The Supreme Court - What You Need To Know

Sat, 19 May 2018 04:00:00 -0000

The U.S. Supreme Court this week struck down federal restrictions on sports gambling, opening the door for states to legalize betting. Senior sports reporter Zach Zagger joins the show to break down the decision and preview the crazy months ahead. Also this week, we discuss the latest battle in Apple and Samsung’s smartphone patent war; a major effort by law schools to demand answers from BigLaw about the use of nondisclosure agreements; and a woman who took a toilet tumble at the White House Easter egg roll.

Ep. 53: Don’t Lie About Paying Expert Witnesses. Trust Us.

Sun, 13 May 2018 04:00:00 -0000

It’s no secret that the expert witnesses who testify during high-stake trials are usually compensated for their efforts, so why did a lawyer in a huge trial against Johnson & Johnson lie by saying he hadn’t paid the doctors he put on the stand? This week we’re joined by legal ethics reporter Andrew Strickler to unpack the incident, which led an appeals court this month to toss out a $150 million verdict. Also this week, we talk about New York Attorney General Eric Schneiderman stepping down after accusations of physical abuse; a judge ordering Jay-Z to give testimony in a securities case; and Dr. Dre’s attempt to block an actual doctor from registering a trademark for “Dr. Drai.”

Ep. 52: ‘Wild, Wild Country’ And The Lawyer Who Lived It

Sat, 05 May 2018 04:00:00 -0000

On this week’s show we’re joined by Robert Weaver, one of the prosecutors featured in Netflix’s binge-worthy docuseries “Wild, Wild Country.” Bob gives us the inside story of how members of a free-love cult were eventually charged with immigration fraud, bioterrorism, wiretapping, and attempted assassination. Also this week, we discuss a $100 million pregnancy bias lawsuit against Morrison & Foerster; and a California ruling that will make it easier for workers in the gig economy to be classified as employees.

Ep. 51: Travel Ban, Patents and Chevron, Oh My!

Sat, 28 Apr 2018 04:00:00 -0000

Big things have been happening at the Supreme Court this week, so we’re spending the entire show breaking down the developments. We dive in to the hot-button moments from the oral argument over President Trump’s immigration travel ban, discuss a beef between Justices Gorsuch and Breyer over the always-controversial Chevron deference, and senior reporters Ryan Davis and Matt Bultman come on the show to explain two important patent rulings.

Ep. 50: The Michael Cohen Saga, Explained

Sat, 21 Apr 2018 04:00:00 -0000

From a dawn raid by the FBI to a shocking reveal about Sean Hannity, the past two weeks have seen a lot of news about Michael Cohen, President Trump’s longtime personal lawyer. To get you caught up, we're digging into the saga: A recap of all the major events, a look at attorney-client privilege, and a dive into Cohen's connection to a major BigLaw firm. Also this week, a Supreme Court case that could have a huge impact on how online retailers like Amazon pay sales tax; and a case that could turn a courtroom in a Broadway theater.

Ep. 49: SPECIAL GUEST - Former DHS Chief Jeh Johnson On Cyber Threats At Home And Abroad

Sat, 14 Apr 2018 04:00:00 -0000

Whether it's Russian meddling, the Equifax breach or Facebook's user-data scandal, every day seems to bring a new cyber security crisis. What can Washington do to address these threats? What about private businesses? This week we’re joined by a guest who knows the cyberthreat landscape well, Secretary Jeh Johnson, who led the Department of Homeland Security during the Obama administration. Also this week, we talk about a Ninth Circuit ruling that says employers can’t rely on salary history to justify paying women less than men.

Ep. 48: Should College Athletes Be Paid?

Mon, 09 Apr 2018 04:00:00 -0000

On the heels of the billion dollar March Madness tournament, we’re taking up a big question this week: Should college athletes be paid? Senior sports reporter Zach Zagger comes on the show to talk about a major case headed to trial that may squarely answer that question. Also this week, we talk about a Supreme Court ruling on overtime pay; a judge saying courts improperly used the fees from PACER; and an Iowa man who was threatened with lawsuits when he said his town smelled like “rancid dog food.”

Ep. 47: Is Time Up For BigLaw Arbitration Agreements?

Mon, 02 Apr 2018 04:00:00 -0000

BigLaw firm Munger Tolles found itself in hot water this week after word leaked that it was forcing summer associates to sign mandatory arbitration agreements that would keep harassment lawsuits out of court. Munger quickly dropped the agreements, and two more major firms soon did the same. Will more follow? Was this BigLaw’s first #MeToo moment? Senior reporter Natalie Rodriguez joins us to discuss. Also this week, we talk about Oracle’s billion-dollar copyright case against Google; associates being held in contempt for following partners’ orders; and a famous drummer-turned-doctor who rushed to the aid of a juror in cardiac arrest during his own malpractice trial.

Ep. 46: The Fall Of Latham's Chair - The Inside Story

Mon, 26 Mar 2018 04:00:00 -0000

Latham & Watkins, one of the most prestigious law firms in the world, saw chairman Bill Voge resign this week after revelations that he’d engaged in a pattern of reckless behavior. But how did the saga unfold, and how did it become public? This week we’re joined by senior reporter Sam Reisman, who broke the Voge story with his exclusive reporting. Also this week, we discuss a controversial copyright ruling over the song “Blurred Lines”; the legal blowback Facebook will face over the Cambridge Analytica scandal; and Lindsay Lohan’s new gig for a lawyer referral site.

Ep. 45: A New Legal Weapon In The #MeToo Battle

Mon, 19 Mar 2018 04:00:00 -0000

The #MeToo and #TimesUp movements have gained significant traction this year, but lawsuits against alleged abusers have not always addressed the institutions that enabled the abuse. This week we’re joined by Chicago court reporter Diana Novak Jones, who tells us about a case using a novel legal approach to tackle that problem. Also this week, we discuss the White House blocking a proposed $117 billion takeover of chipmaker Qualcomm by a foreign company; the largest agricultural litigation settlement in U.S. history; and a judge who used Shakespeare to write a spirited ruling in a dispute over wine.

Ep. 44: Can Trump Turn The Courts Red?

Mon, 12 Mar 2018 04:00:00 -0000

This week we’re talking about the President Trump’s efforts to reshape the judicial branch — both his progress so far and what to expect in the years ahead. We’re joined first by Ed Beeson, to talk us through some forces that could slow down Trump’s progress, and then by Jimmy Hoover, to talk about one district court that has been overlooked. Also this week, we discuss Trump’s controversial trade moves; and we unpack the “inclusion riders” that were put in the spotlight by last week’s Oscars.

Ep. 43: OSCAR SPECIAL - The Best In Legal Movies

Mon, 05 Mar 2018 05:00:00 -0000

In honor of the Oscars this weekend, we’re presenting the first annual Academy Lawards, a celebration of achievements in cinema focusing on the law. Join us as we hand out awards for Best Argument in film, Most Disparaging Portrayal of a Lawyer and many more. Also this week, we touch down on a Second Circuit ruling that discrimination against gay employees is barred under federal law.

Ep. 42: Microsoft's Supreme Court Battle For Digital Privacy

Mon, 26 Feb 2018 05:00:00 -0000

The Supreme Court is poised to answer a digital privacy question with huge implications: Can U.S. prosecutors force Microsoft to turn over personal email data that's stored on overseas servers? With arguments set for next week, Microsoft head of litigation David Howard comes on the show to walk us through his company's case. Also this week, we discuss a former BigLaw attorney who pleaded guilty to lying to Robert Mueller’s investigators; a Supreme Court ruling that narrowed protections for corporate whistleblowers; and a legal beef over Dunkin’ Donuts Angus steak sandwiches.

Ep. 41: What Does ‘Partner’ Even Mean?

Mon, 19 Feb 2018 05:00:00 -0000

Law firms are full of people with the title “partner,” but what exactly does that mean? After years of change, the title ain’t always what it used to be. Senior reporter Andrew Strickler comes on the show this week to talk about “partners,” particularly as it relates to the wave of gender bias suits filed against BigLaw firms. Also this week, we discuss a big ruling on the destruction of New York City graffiti space “5Pointz”; a new lawsuit claiming bar prep giant Barbri colluded with top law schools to crush competitors; and Taylor Swift’s efforts to shake off a lawsuit alleging she stole lyrics for some of her songs.

Ep. 40: Kozinski’s Retirement Won’t Quiet The Law’s #MeToo Push

Mon, 12 Feb 2018 05:00:00 -0000

Ninth Circuit Judge Alex Kozinski was under investigation for sexually harassing clerks. Amid the scandal the judge retired, and now the probe has been called off. Senior reporter Natalie Rodriguez comes on the show to talk about how the end of the investigation highlights a need for significant reforms to how the judicial branch handles sexual harassment. Also this week, we discuss looming changes that could cause headaches for foreign companies looking to invest in the U.S., an FBI sting that busted a judge for accepting bribes, and Chuck Norris filing a lawsuit that is the legal equivalent of a roundhouse kick to the face.

Ep. 39: The REAL Super Bowl - Google v. Uber

Mon, 05 Feb 2018 05:00:00 -0000

Google and Uber, two Silicon Valley behemoths, are set to square off next week in a high stakes trial that could determine the future of self-driving cars. Senior intellectual property reporter and Pro Say co-host Bill Donahue walks us through what we need to know about the billion-dollar trial. Also this week, we discuss an appeals court “swiping left” over age discrimination on the dating app Tinder; a ruling on the embattled Consumer Financial Protection Bureau; and the misdeeds that finally landed rapper DMX behind bars.

Ep. 38: The Decline And Fall Of Sedgwick LLP

Mon, 29 Jan 2018 05:00:00 -0000

It’s not every day that a BigLaw firm goes under, but that’s just what happened to legal stalwart Sedgwick LLP, which formally closed shop last week. What went wrong? Our business of law reporter Sam Reisman, who spent months covering the firm’s demise, comes on the show to give us the scoop. Also this week, we discuss how a court ruling forced Starbucks to keep stores open during the “Retail Apocalypse,” a Fourth Circuit ruling that slammed “sham” arbitration clauses foisted on strippers, and an inside look at the New York City Bar Association's musical roast of Preet Bharara.

Ep. 37: Lawyer Sold You Out? Tell It To The Justices

Mon, 22 Jan 2018 05:00:00 -0000

Can your lawyer go against your wishes if they think it’s in your best interest? That’s the tricky question the Supreme Court weighed this week in a case where a lawyer admitted his client committed murder in a failed effort to spare him the death penalty. On this week’s show, Supreme Court reporter Chuck Stanley joins us to break down the case. Also this week, we discuss the wave of legal challenges to the rollback of net neutrality; two new big cases that the Supreme Court has agreed to hear; and a former Jersey Shore star who changed his signature GTL to “gym, tax evasion, laundry.”

Ep. 36: When Do You Ditch A Dangerous Client Like Shkreli?

Mon, 15 Jan 2018 05:00:00 -0000

You've definitely heard about the recent conviction of “pharma bro” Martin Shkreli, but what about Evan Greebel? He was Shkreli's BigLaw attorney, and he was convicted of securities fraud, too. Manhattan courthouse reporter Stewart Bishop comes on the show to break down the case against Greebel -- and how it's a cautionary tale for other lawyers. Also on this week’s show, we discuss a court blocking President Trump’s plan to roll back the Deferred Action for Childhood Arrivals program and what Congress might do next; a ruling striking down partisan gerrymandering in North Carolina; and a privacy case over the 5-bite diet.

Ep. 35: In A Post-Facts World, Are Jurors Listening?

Mon, 08 Jan 2018 05:00:00 -0000

What do you do when jurors think they know more than the experts on the witness stand? Senior trials reporter Daniel Siegal joins us to talk about his recent story on modern jurors who are emboldened by too many Google searches and episodes of Law and Order. Also on this week’s show, we discuss Attorney General Jeff Sessions’ move to ramp up enforcement of federal marijuana laws; Paul Manafort’s suit against Special Counsel Robert Mueller; and an insurance company balking at paying a claim because of a machete-wielding shareholder.

Ep. 34: YEAR-END SPECIAL - The Biggest Legal Stories Of 2017

Mon, 25 Dec 2017 05:00:00 -0000

The law was at the center of 2017's biggest news stories. To catch up on the year that was, we're running down the five most important legal stories of the year, including: The wave of sexual misconduct scandals and their connections to the legal community; President Trump's efforts to reshape the courts; the slew of lawsuits aimed at checking the new administration; Robert Mueller’s investigation into Russian meddling in the 2016 election; and the many lawsuits accusing BigLaw of underpaying women.

Ep. 33: What’s Next For Net Neutrality And Internet Freedom?

Mon, 18 Dec 2017 05:00:00 -0000

This week the Federal Communications Commission overturned Obama-era net neutrality rules mandating that internet service providers treat all online content equally, handing industry groups a win and offering ISPs leeway to try out “fast” and “slow” lanes for web traffic. Our senior telecom reporter Kelcee Griffis was in person for the vote and joins us from Washington to talk about what happens next. Also on this week’s show, we discuss sexual misconduct claims against a sitting Ninth Circuit judge, the White House giving up on winning Senate approval for two of President Trump’s more controversial judicial nominations, and how to block naughty lawsuits from nice holiday parties.

Ep. 32: Masterpiece Cakeshop - Gay Rights At The High Court

Mon, 11 Dec 2017 05:00:00 -0000

The Supreme Court heard oral arguments this week in the closely-watched case over whether a Colorado baker had the right to refuse to bake a wedding cake for a gay couple. Law360’s Supreme Court reporter Jimmy Hoover was on the scene, and gives us some insight about the crucial swing vote in the case. Then, senior court reporter Pete Brush joins us to talk about an ongoing trial over a multi-billion dollar scheme to skirt sanctions by swapping Turkish gold for Iranian oil - a case that has given Pete quite the Twitter following in Turkey. And finally, we discuss legal fireworks over Katy Perry’s purchase of a former convent in California.

Ep. 31: Game Of Thrones On The Potomac

Mon, 04 Dec 2017 05:00:00 -0000

What happens when two people lay claim to leadership of the same federal agency? This week, in the surreal case of the Consumer Financial Protection Bureau, we found out. Senior banking reporter Evan Weinberger joins us to break down the background, the court case, and the infamous bag of donuts. Also on this week’s show, we discuss revelations that delayed the battle between Waymo and Uber on the eve of trial, a sports gambling case the Supreme Court will hear on Monday, and Texas Supreme Court Justice Don Willett saving a man’s life at Chick-Fil-A.

Ep. 30: HOLIDAY SPECIAL - The Best Of The Weird In Legal News

Mon, 27 Nov 2017 05:00:00 -0000

On this week’s special holiday show, we’re doing something a little different -- taking a look back at our favorite offbeat stories of the year. We revisit a bananas Ninth Circuit oral argument about a monkey who took a selfie; a comedy duo facing legal trouble for pranking a Wisconsin morning show; a copyright suit over a 24-year-old Meat Loaf hit; and every pun you can imagine to describe a lobster poacher who’s on the hook for millions.

Ep. 29: Republicans Go To War With The ABA

Mon, 20 Nov 2017 05:00:00 -0000

Republicans have long grumbled that the ABA has a liberal bias, but the group’s four recent rejections of Trump judicial nominees have pushed things toward open conflict. We’re joined by senior reporter Michael Macagnone to talk us through the growing showdown over the role the ABA plays in picking judges. Also on this week’s show, we discuss a BigLaw leader who resigned after claiming on Fox News that legitimate victims of sexual harassment are “few and far between”; a mistrial in Senator Bob Menendez’s corruption case; and the unusual things unearthed about Trump federal district judge pick Brett Talley.

Ep. 28: Will Weinstein Spy Hire Put Boies In Ethics Hot Water?

Mon, 13 Nov 2017 05:00:00 -0000

The sexual assault scandal surrounding Hollywood titan Harvey Weinstein expanded this week into BigLaw. It was revealed that Weinstein’s long-time lawyer David Boies played a part in hiring a private spy firm to help Weinstein suppress a New York Times article detailing the harassment allegations, even though the Times was also a client of Boies Schiller. Senior legal ethics reporter Andrew Strickler comes on the show to explain what happened and the ethical implications for the famed litigator. Also on this week’s show, we discuss a provision in the GOP tax plan that could keep law firms on the hook for higher taxes; the legal pushback billionaire Joe Ricketts may face after shuttering local news sites DNAinfo and Gothamist after a union vote; and an appellate court weighing in on whether a judge falling asleep while on the bench merits a new trial.

Ep. 27: Can Courts Curb The Opioid Crisis?

Mon, 06 Nov 2017 05:00:00 -0000

The opioid epidemic has recently been put in the spotlight by Washington policy makers, but that’s not the only venue where the issue is being tackled. Law360 senior reporter Andrew Westney comes on the show to walk us through a wave of lawsuits filed against drugmakers and retailers over their alleged role in fueling the crisis. Also on this week’s show, we discuss special counsel Robert Mueller’s willingness to push back against the attorney-client privilege; a D.C. federal judge blocking the Trump administration’s ban on transgender people serving in the military; and a New Jersey state judge accused of “explosive fits of rage” and “extreme emotional immaturity.”

Ep. 26: SPECIAL GUEST - High Court Vet Andy Pincus Talks Big Digital Privacy Cases

Mon, 30 Oct 2017 04:00:00 -0000

The Supreme Court is set to weigh two privacy cases this term that could be game changers, including one about personal cloud data stored overseas and another about search warrants for cell phone location data. Andy Pincus, a partner at Mayer Brown who has argued 27 cases before the high court, joins the show to break down the cases and what impact they could have. Also on this week’s show, we run down a big copyright case over illegal downloading; we offer updates on several stories from previous episodes, including Congress making it harder to sue banks, a $417M Talc cancer verdict, and HSBC traders behaving badly; and we discuss Johnny Depp’s latest legal battle - a suit he’s filed against his own lawyers.

Ep. 25: A Play-By-Play Of The NFL’s Legal Showdowns

Mon, 23 Oct 2017 04:00:00 -0000

The NFL has had no shortage of controversies lately. President Trump has blasted players staging on-field protests of racial injustice and the league has been criticized over its response to allegations of domestic violence perpetrated by players. Senior sports reporter Zach Zagger joins the show to give us an overview of the legal battles that are heating up over these issues. Also on this week’s show, we check in with cert grant corner and two big cases now pending before the Supreme Court; we discuss the conviction of an auto racer and his attorney for a huge payday loan scheme; and we try to avoid being catfished by a scammer that duped some law firms.

Ep. 24: SPECIAL GUEST - New ABA Head Talks Gender Equality & Better Legal Education

Mon, 16 Oct 2017 04:00:00 -0000

Can the legal profession crack its glass ceiling? Does law school actually prepare people to be lawyers? Hilarie Bass, the new president of the American Bar Association, comes on the show to talk about her plans to answer these pressing questions. Also on this week’s show, we discuss a lawsuit filed over a device used in the Las Vegas mass shooting; the explosive phone calls between a pair of HSBC traders at the center of an alleged $3.5 billion scam; and a copyright suit targeting a 24-year-old Meat Loaf hit.

Ep. 23: Will The Supreme Court End Worker Class Actions?

Mon, 09 Oct 2017 04:00:00 -0000

Can employers force workers to sign away the right to bring class actions, or does that violate federal labor law? That’s the issue the Supreme Court tackled this week, and senior employment reporter Vin Gurrieri joins the show to tell us all about his trip to the oral arguments and how the justices may be leaning. Also on this week’s show, we discuss a BigLaw firm sued by a former client despite winning the company a $42.5 million verdict, we check in on the latest charges over the failed Fyre Fest, and we say goodbye to rock legend Tom Petty with a story about his laid-back approach to legal matters.

Ep. 22: SUPREME COURT SPECIAL - Ex-Solicitor General Talks Big Cases Ahead

Mon, 02 Oct 2017 04:00:00 -0000

This week's Pro Say is our Supreme Court preview special, where we spend the entire show with a former acting U.S. Solicitor General talking about why the upcoming Supreme Court term could be a blockbuster one. Ian Gershengorn, now the chair of Jenner & Block’s appellate and Supreme Court practice, discusses the term’s most high profile cases, including Trump's immigration travel ban, political gerrymandering, and whether a baker can refuse to make a cake for a same-sex wedding.

PREVIEW: Get Ready For The New Supreme Court Term

Tue, 26 Sep 2017 04:00:00 -0000

Are you ready for the new Supreme Court term? We’ve got an episode of Pro Say coming up that will help you know what to expect and catch up on the cases you should be watching. Check out this preview of our talk with former acting U.S. Solicitor General and current chair of Jenner & Block’s appellate and Supreme Court practice Ian Gershengorn who tells us why the upcoming Supreme Court term could be a blockbuster one. Then, check back on Sept. 29 for our full episode previewing the Supreme Court term.

Ep. 21: How Do You Judge A Federal Judge?

Mon, 25 Sep 2017 04:00:00 -0000

When a federal judge with a lifetime appointment stops playing nice with other judges and won’t fully participate in the work of the court, what can be done? An Ohio federal judge was asked to submit to a mental health evaluation after that exact type of scenario played out recently -- and he wasn’t happy about it. Senior legal ethics reporter Andrew Strickler joins us to talk about the lawsuit that judge has filed and how far court authorities can go to control judges. Also on this week’s show, we discuss pharmaceutical giant Allergan using a creative legal maneuver involving Native Americans to shield drug patents from review, sentencing news related to the fall of law firm Dewey & LeBoeuf, and how the Grinch couldn’t steal fair use.

Ep. 20: Could Equifax Investors Win A Post-Breach Lawsuit?

Mon, 18 Sep 2017 04:00:00 -0000

Legal action by investors in the wake of high-profile data breaches has yielded mixed results in recent years, but the tide could be turning following last week’s news of a hack against consumer credit reporting agency Equifax. Senior securities reporter Carmen Germaine comes on the podcast to walk us through what Equifax may be facing. Also on this week’s show, we discuss a House-passed bill about regulating self-driving cars, the NFL’s legal battle with Dallas Cowboys running back Ezekiel Elliott, and a comedy duo facing legal trouble over their appearance on a Wisconsin morning show.

Ep. 19: DACA Debacle, Plus Bribery, Ponzi Schemes & Steinbeck

Mon, 11 Sep 2017 04:00:00 -0000

The Trump administration recently made the controversial decision to phase out Deferred Action for Childhood Arrivals, a program that prevents the deportation of unauthorized immigrants brought to the United States as children. Senior immigration reporter Allissa Wickham comes on the show to discuss the aftermath of the rollback, including whether Congress will pass legislation to help these young immigrants and a lawsuit launched by 15 states to try to save DACA. Also on this week’s show, we discuss Hunton & Williams shelling out $34 million to settle allegations it aided a $7 billion Ponzi scheme, the kickoff of Senator Robert Menendez’s bribery trial, and a $13 million jury verdict over classic literature and movie-deal sabotage.

Ep. 18: SPECIAL GUEST - Judge Richard Kopf, On Posner & The State Of The Judiciary

Mon, 04 Sep 2017 04:00:00 -0000

As students head back to school, we issue a report card of our own to the judiciary. Nebraska federal judge Richard Kopf joins us to rate the courts as part of his review of Seventh Circuit Judge Richard Posner's new book on the state of the judicial branch. Also on this week’s show, we discuss the lawsuits challenging the Trump administration’s looming ban on transgender individuals serving in military, as well as a booted settlement in a case accusing Subway of promising customers footlong sandwiches that were actually undersized.

Ep. 17: Why Aren’t Law Firms More Diverse?

Mon, 28 Aug 2017 04:00:00 -0000

Law firms have made no real progress over the past year in diversifying their workforce, according to the latest Law360 Diversity Snapshot. To talk about the results of the survey of more than 300 law firms and what some firms are doing to buck the trend, we’re joined by Law360 In Depth reporter Erin Coe. Also on this week’s show, the hosts discuss the legal implications of firing neo-Nazis, a whopping $417 million verdict against Johnson & Johnson in a case over the link between baby powder and cancer, and how the legal world reacted to the recent solar eclipse.

Ep. 16: Teamsters Recipe For Burning 'Top Chef'

Mon, 21 Aug 2017 04:00:00 -0000

A two-week trial that saw clashes between union reps and reality television producers wrapped up in Boston this week after a jury acquitted four Teamsters of trying to strong-arm their way on to a production team for the popular cooking show Top Chef. We’re joined by court reporter Brian Amaral, to share some stories from inside the courtroom. Also on this week’s show, the hosts discuss a trial where DirecTV could be on the hook for $4 billion for allegedly misleading customers about subscription fees, a defamation suit against the New York Times filed by a professor who says he was misquoted to make it seem like he defended slavery, and an Illinois lawyer hit with a disciplinary complaint after creating a bogus dating profile for a rival attorney.

Ep. 15: What Do You Do When You Think A Worker Is Mentally Ill?

Mon, 14 Aug 2017 04:00:00 -0000

If you’re an employer, how do you react when one of your workers starts exhibiting erratic behavior? Senior employment reporter Braden Campbell joins us to talk about what to do -- and what not to do -- when it comes to mental illness. Also on this week’s show, the hosts discuss a landmark 7th Circuit ruling upholding the first conviction for the market manipulation tactic known as “spoofing,” two big cutting-edge copyright cases involving Instagram and Beyonce, and Levar Burton’s legal woes over childhood favorite Reading Rainbow.

Ep. 14: On Patents, Is One Judge Bucking The Supreme Court?

Mon, 07 Aug 2017 04:00:00 -0000

A recent Supreme Court ruling is threatening to end a single Texas town's outsized role in American patent law, but one local judge isn't taking the ruling lying down. Ryan Davis, senior patent reporter at Law360, comes on the show to talk us through what’s happening down in the Lone Star State. Also on this week’s show, the hosts discuss internet giants including Google and Facebook opposing a bill aimed at combating sex trafficking, an ex-King & Spalding associate suing the firm for allegedly firing him in retaliation for reporting ethical breaches, and the ACLU’s defense of John Oliver’s constitutional right to be mean on television.

Ep. 13: Why Are All The Partners Men?

Mon, 31 Jul 2017 04:00:00 -0000

Are you looking around your firm and seeing a lot of men in leadership? This week Law360 released our latest Glass Ceiling Report, a look at the progress of women at law firms, and the findings are overall pretty bleak. Law360 In Depth reporter Natalie Rodriguez talks us through the report and what firms can do to advance gender equality. Also on this week’s show, the hosts discuss an eye-popping $150 million jury verdict against drugmaker Abbvie, a suit that saw the leak of information about 50,000 Wells Fargo customers, and the bizarre story of the U.S. Postal Service being sued over a fake Statue of Liberty.

Ep. 12: All Eyes On Litigation Funding, Plus DMX’s Courthouse Rap

Mon, 24 Jul 2017 04:00:00 -0000

Hulk Hogan’s company-killing lawsuit against Gawker, largely funded by Silicon Valley billionaire Peter Thiel out of a grudge against the media company, cast a harsh light on the little-known world of third-party litigation funding. Andrew Strickler, senior legal ethics reporter, comes on the show to talk about why the attention from the case is making litigation funders nervous. Also on this week’s show, the hosts discuss a Massachusetts court ruling that will make it harder for employers to ban medical marijuana, a Ninth Circuit ruling about whether a judge’s Twitter activity merits recusal, and the latest legal woes of rapper DMX.

Ep. 11: Lateral Vetting Woes, Plus Monkeying Around With Copyrights

Mon, 17 Jul 2017 04:00:00 -0000

When you hire a lateral attorney do you always know what you are getting? Even background checks aren’t catching everything. Senior white collar reporter Jody Godoy comes on the show to walk us through some of the problems BigLaw is facing as it looks to vet new hires. Also on this week’s show, the hosts discuss a contentious trial where Quincy Jones says he’s been stiffed on $30 million in royalties from the Michael Jackson estate, a federal regulation that could lead to more class actions against banks, and some monkey business over a jungle selfie.

Ep. 10: HIGH COURT SPECIAL - Law360 Talks With RBG, Plus A Term-End Recap

Mon, 10 Jul 2017 04:00:00 -0000

The Supreme Court term just wrapped up, so Pro Say put together a special all-high-court episode. In our main segment, senior reporters Jackie Bell and Ed Beeson stop by to talk about their exclusive interviews with Justices Ruth Bader Ginsburg and Sonia Sotomayor. But before that, the Pro Say hosts break down the term that was, including the impact of Justice Neil Gorsuch.

Ep. 9: Travel Ban At The High Court, Plus Everyone Hates Shkreli

Mon, 03 Jul 2017 04:00:00 -0000

The Supreme Court has agreed to weigh the constitutionality of President Trump’s immigration travel ban in a case that pits executive power in the name of national security against a policy some say was just a smokescreen for religious discrimination. Senior immigration reporter Allissa Wickham stops by to talk through the arguments on both sides and what will happen during this summer of limbo with a partial ban. We’ll also talk about the start of the long-awaited fraud trial of Martin Shkreli, the infamous “pharma bro” known for for jacking up the price of a crucial HIV drug by 5000 percent. Spoiler alert: potential jurors didn’t like him much. And we’ll check in on Gawker’s war with Silicon Valley titan Peter Thiel who funded the Hulk Hogan lawsuit that ultimately shuttered the company.

Ep. 8: The Tough Class Action Landscape, Plus Redskins Score Big

Mon, 26 Jun 2017 04:00:00 -0000

This week the Supreme Court ruled to limit where mass torts can be filed, just the latest ruling to make it hard to win class action lawsuits. Law360 In Depth reporter Sindhu Sundar comes on the show to walk us through the current state of the class action law and what steps firms are taking to thrive in a market that has undergone big changes. The Pro Say hosts discuss the high court handing the Washington Redskins a final victory in the decades-long battle over the team’s name and also share updates on gender bias litigation brought by partners against Chadbourne and Parke and Proskauer Rose.

Introducing Law360's Pro Say Podcast

Mon, 12 Jun 2017 04:00:00 -0000

Hosts Amber McKinney, Bill Donahue and Alex Lawson give a look at what to expect from Law360's weekly Pro Say podcast. Why did we start this thing? What kind of stories can you expect each week? Click play to find out.

Ep. 7: The Fallout From Ransomware, Plus Uber's IP Woes

Mon, 22 May 2017 04:00:00 -0000

The giant WannaCry ransomware attack rocked the globe last week, but that might be nothing compared to the legal aftershocks. Law360 senior privacy reporter Allison Grande joins the show to discuss the possible legal repercussions from the breach and what companies can do to make sure they aren’t impacted by the next one. The Pro Say hosts dive in to the newest developments in the self-driving car war between Google’s Waymo and Uber and discuss the latest law firm to be hit with a gender bias suit by a female partner.

Ep. 6: AIG's Bailout Battle, Plus Trump's Judges

Mon, 15 May 2017 04:00:00 -0000

While the 2008 financial crisis may have been nearly a decade ago, wrangling over federal bailouts is still making its way through the courts. Law360’s senior banking reporter Evan Weinberger comes on the show to walk us through a case challenging the constitutionality of the government takeover of insurance giant AIG and what it means for government power during a crisis. We also take a look at Donald Trump beginning to put his stamp on the federal judiciary with the nomination of 10 judges, and we close the book on the long-running criminal case over the collapse of law firm Dewey & LeBoeuf with a look at the verdict.

Ep. 5: Trouble Indemnity, Plus Fyre Festival Debacle

Mon, 08 May 2017 04:00:00 -0000

In a buyer’s market for BigLaw services, corporate clients are increasingly getting firms to shoulder the risk of unforeseen or unwelcome outcomes from legal work. These indemnity provisions can have a serious downside, as Law360 senior legal ethics reporter Andrew Strickler explains on today’s show. The Pro Say hosts talk about the legal fallout from the Fyre Festival, a private-island music festival that was billed by its organizers -- including Ja Rule -- as the “cultural experience of the decade,” but devolved into something at least one lawsuit has described as more like “The Lord of the Flies.”

Ep. 4: Bid Adieu To Dewey, Plus Trump's New Trade Weapon

Mon, 01 May 2017 04:00:00 -0000

A pair of guests - reporters Jody Godoy and Stewart Bishop - come on the show to share stories about their time in court covering the second criminal case related to the fall of law firm Dewey & LeBoeuf. We’ll also take a look at the implications of Trump’s trade moves and discuss a group of Lyft drivers who have hit Uber with a lawsuit over tracking software nicknamed “Hell.”

Ep. 3: A Firing At Chadbourne, Plus Michael Jackson's Taxes

Mon, 24 Apr 2017 04:00:00 -0000

On the heels of a gender discrimination suit lodged against Chadbourne & Parke LLP, firm members just voted out the partner who brought the suit. Vin Gurrieri, Law360 senior employment reporter, joins the show to talk about this latest development in a case that has put a spotlight on pay disparity in BigLaw. The hosts discuss a bombshell tax case involving Michael Jackson, hundreds of millions of dollars, lying on the witness stand, and . . . Whitney Houston. Also, we’ll look at a high court ruling with broad implications for litigation misconduct sanctions.

Ep. 2: United's Debacle, Plus Gorsuch's Big Cases

Mon, 17 Apr 2017 04:00:00 -0000

Everyone watched the video of a passenger being forcibly removed from an overbooked United Airlines flight. This week, we’re joined by senior transportation reporter Linda Chiem who talks us through the potential legal fallout. We’ll also tackle newly minted Supreme Court Justice Neil Gorsuch’s start on the bench, with a look at two cases where his vote could be the deciding one.

Ep. 1: Hacking BigLaw, Plus Dan Aykroyd's Vodka

Mon, 10 Apr 2017 04:00:00 -0000

Do you think cyber attacks only happen to multinational corporations and government targets? Not so, says Law360 In Depth reporter Ed Beeson, who comes on the show to discuss how hackers are increasingly targeting BigLaw and what the industry can do to stay safe. The hosts also discuss comedy legend Dan Aykryod’s vodka company winning a trademark case over its skull-shaped bottles, and a landmark Seventh Circuit ruling about sexual orientation discrimination.