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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.