Law360's Pro Say - News & Analysis On Law And The Legal Industry

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.

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.

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.

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.

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.

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.’

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.