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Law360's Pro Say - News & Analysis on Law and the Legal Industry
42 minutes | a month ago
Ep. 174: Supreme Court ‘Packing,’ Explained
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.
25 minutes | 2 months ago
Ep. 169: What You Need To Know About Amy Coney Barrett
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.
36 minutes | 2 months ago
The Life And Legacy Of Ruth Bader Ginsburg
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.
35 minutes | 2 months ago
Ep. 168: Ex-Felons Lose Florida Voting Rights Battle
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.
39 minutes | 3 months ago
Ep. 167: Are You Ready For Some Football (Lawsuits)?
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.
38 minutes | 3 months ago
Ep. 165: The Legal Snags Of COVID-19 Parental Leave
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.
38 minutes | 3 months ago
Ep. 164: The Artistry of the Courtroom Sketch
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.
41 minutes | 3 months ago
Ep. 163: The Latest TikTok Craze Is National Security
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.
36 minutes | 4 months ago
Ep. 162: Please Stop Rockin’ Down In Trump World
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.
38 minutes | 4 months ago
Ep. 161: Bar Exam Chaos
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.
37 minutes | 4 months ago
Ep. 160: Do COVID Closures Violate the Constitution?
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.
55 minutes | 4 months ago
Ep. 159: A Wrap On A Wild High Court Term
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.
34 minutes | 5 months ago
Ep. 158: Absolutely (Not) Immune
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.”
35 minutes | 5 months ago
Ep. 157: Federal Watchdog Agencies, Beware
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.
41 minutes | 5 months ago
Ep. 156: BigLaw v. BigLandlord
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.
42 minutes | 5 months ago
Ep. 155: DACA + LGBTQ @ SCOTUS
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.
31 minutes | 5 months ago
Ep. 154: ‘This Has To Stop’
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.
40 minutes | 6 months ago
Ep. 153: Why Are Cops (Sort Of) Above The Law?
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.
25 minutes | 6 months ago
Ep. 152: COVID Crimes Crackdown
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.
41 minutes | 6 months ago
Ep. 151: Will COVID-19 Shrink The Lavish BigLaw Office?
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.
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