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

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.

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.

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.

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.

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.

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.

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.

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."

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.

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.

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.

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.

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.

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.

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.

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."

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.

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.

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

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.