Legal analysis and commentary from Justia.com with the columinst team of Vikram Amar, Neil Buchanan, Sherry Colb, John Dean, Michael Dorf, Joanna Grossman, Marci Hamilton, Julie Hilden, Joanne Mariner and Anita Ramasastry.
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Pro Say is a weekly podcast from Law360, bringing you a quick recap of both the biggest stories and the hidden gems from the world of law. Each episode, hosts Amber McKinney, Alex Lawson and Hailey Konnath are joined by expert guests to bring you inside the newsroom and break down the stories that had us talking.
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Ep. 329: The Pro Say Podcast Says Goodbye
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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 r…
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Ep. 328: Google’s Antitrust Woes Linger With An Epic Defeat
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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 transfor…
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Ep. 327: Justices Consider The Reach Of Mass Tort Immunity
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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 contr…
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Ep. 326: DOJ Keeps Losing Antitrust Labor Cases. Why?
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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 compe…
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Ep. 325: THANKSGIVING SPECIAL - A Plate Full Of Offbeat News
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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 a…
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Ep. 324: What The High Court’s Ethics Code Leaves Out
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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…
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Ep. 323: At Trial, SBF Was His Own Worst Enemy
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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 t…
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Ep. 322: Meet The Lawyers Who Took On White Supremacy
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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 “…
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Ep. 321: State AGs Fight Your Kid's Facebook Addiction
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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 safeguard…
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Ep. 320: The Secret Meeting That Could Unravel A Murder Case
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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 reverberate…
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Ep. 319: Are ‘Junk Fees’ Headed For The Trash?
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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, w…
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Ep. 318: Crypto Fraud On Trial: The U.S. vs. SBF
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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 wheth…
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Ep. 317: Pro Say’s Supreme Court Cheat Sheet
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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…
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Ep. 316: The Fishing Case That Could Reel In Chevron
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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 l…
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Ep. 315: How A 'Cruel And Unusual' Felon Voting Ban Fell Apart
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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 c…
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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…
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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…
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Ep. 312: As Maui Burns, Power Companies Land In Court
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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…
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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 s…
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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 ep…
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Ep. 309: Pressure Points In The Case Against Trump
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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, incl…
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Ep. 308: Biden’s Asylum Restrictions Got Tossed. What Now?
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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 exp…
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Ep. 307: Courts Wade Into Online ‘Disinformation’ Battle
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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 f…
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Ep. 306: Microsoft Levels Up In Merger Game Against FTC
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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 coun…
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Ep. 305: United Or Divided? A Podcast Roundtable On The High Court
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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 a…
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Ep. 304: Want The Sabbath Off? High Court Makes It Easier
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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 w…
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Ep. 303: Tennessee’s AG On Drag Shows, Guns And Climate
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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 w…
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Ep. 302: The Trump Indictment’s Legal X Factors
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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 an…
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Ep. 301: Golf’s Big Truce Isn’t Out Of The Woods Yet
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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 an…
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Ep. 300: A Texas-Sized Impeachment Gambit
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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 longs…
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Ep. 299: The Hot New TikTok Trend Is Suing Montana
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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 i…
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Ep. 298: A 95-Year-Old Judge Is At War With Her Court
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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 th…
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Ep. 297: Untangling Trump’s Sexual Assault Verdict
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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 …
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Ep. 296: A Green Light For More Ed Sheeran Songs
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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…
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Ep. 295: Pro Say's 2023 Fictional Lawyers Draft
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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…
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Ep. 294: Lights, Camera, Objection! The Lawyers Behind ‘Jury Duty’
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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 Ama…
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Ep. 293: Honk For Your First Amendment Rights
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Is honking your car horn to support a group of protesters a form of free speech, or is it a traffic violation? The Ninth Circuit decided it was the latter after a California woman who was ticketed for excessive honking sued on First Amendment grounds. Buckle your seatbelts as we talk through the appellate court’s ruling on this week’s Pro Say. Also…
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Ep. 292: The Manhattan DA Usually Wins. Will Trump?
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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 Trum…
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Ep. 291: The Robots Have Come For The Legal Industry
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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 gro…
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Ep. 290: What Exactly Does Litigation Funding Buy You?
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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 …
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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, J…
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Ep. 288: The Struggle To Revise DC's Criminal Code
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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 expl…
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Ep. 287: The Twists And Turns Of The Murdaugh Trial
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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 revelat…
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Ep. 286: Data Collection Goes To White Castle
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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 Stat…
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Ep. 285: The Legal Aftermath Of The Ohio Train Disaster
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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 …
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Ep. 284: Rick Astley: Never Gonna Lend His Vibe
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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 Pr…
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Ep. 283: Using Bankruptcy To Duck Mass Torts Just Got Harder
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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…
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Ep. 282: Courtside to Courtoom: Inside MSG’s Attorney Ban
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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…
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Ep. 281: SEC’s Cyber Enforcement Vs. BigLaw’s Client Privacy
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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 d…
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Ep. 280: The Looming Battle Over Noncompete Deals
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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 politi…
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