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

BigLaw powerhouse Skadden Arps recently agreed to pay $4.6 million to settle Department of Justice allegations that it failed to register lobbying work it performed on behalf of the Ukrainian government -- work that came to light through Special Counsel Robert Mueller’s indictment of Paul Manafort. Law360 D.C. reporter Jimmy Hoover joins us this week to unravel the saga of how Skadden’s work for Ukraine began with caution but ended with lies. Senior Legal Ethics Reporter Andrew Strickler also stops by to explain more about the legal risks one particular former Skadden partner now faces following the settlement. We also discuss the Supreme Court’s ruling that allows the Trump administration’s ban on transgender military members to move forward; and a lawsuit brought by fans of the New Orleans Saints who are upset about a call that cost their team a chance at the Super Bowl.

This week the Pro Say podcast is live from the New York State Bar Association's annual meeting. We take a look at issues surrounding the #MeToo movement and how women are faring in the legal profession, with special guests Chief Judge of the Southern District of New York Colleen McMahon and NYSBA President Michael Miller. And are you still confused about how the judiciary will fare in the protracted government shutdown? We do a lightning round of what you need to know.

With the government shutdown nearing three weeks, President Donald Trump threatened this week to declare a national emergency to pay for a border wall that Congress won’t approve. Can he do that? To help answer that question, we’re joined this week by Elizabeth Goitein of the Brennan Center for Justice, the author of a recent study on emergency powers. Also this week, we discuss how long the federal courts can stay open under the shutdown; Brett Kavanaugh’s first Supreme Court opinion; a big win in court for Flint water crisis victims; and a Reed Smith attorney whose “Animal House” references landed him in double secret probation.

Have you ever wondered what Amber, Alex, and Bill look like in person? Come find out when we appear at the New York State Bar Association's annual meeting at the New York Hilton Midtown on Wednesday, January 16 at 11 a.m. We'll be joined by special guests including NYSBA President Michael Miller and Hon. Colleen McMahon, the chief judge of the U.S. District Court for the Southern District of New York. Don't miss the fun!

2018 had no shortage of huge legal news developments. For our last show of the year, we’re sharing what we think were the three biggest legal stories, including: Justice Brett Kavanaugh’s contentious journey to the High Court; an ongoing cycle where the Trump administration cracks down on immigration only to see their policies challenged in court; and the ever intensifying Mueller probe and criminal allegations against a long list of Trump associates.

A bombshell grand jury report in Pennsylvania this summer that priests sexually abused a thousand children has kickstarted an effort to extend the amount of time that victims can sue, but not everyone supports the change. This week reporter Dan Siegal joins us to explain the situation and how similar provisions have worked out in other states. Also this week, we discuss Michael Cohen’s sentencing; and Federal Judge William Alsop quizzing potential jurors on whether they believe in UFOs and telekinesis.

Can you be held liable for securities fraud if you simply copy-and-paste someone else’s false statements? The U.S. Supreme Court wrangled with that question this week, and reporter Jon Hill joins us to explain the case. Also this week, we discuss President Donald Trump’s bid to collect attorneys' fees from Stormy Daniels after her failed libel suit; rapper Jay-Z’s successful fight for more diversity among arbitrators; and a lawsuit from Chicago Bulls great Scottie Pippen against a Florida lawyer who allegedly trashed his mansion.

If you’re charged with a crime, can the government just take your stuff? The practice of seizing property from criminal defendants, known as civil forfeiture, has skyrocketed over the past decade, but a new Supreme Court case looks likely to rein it in. To discuss the issue and the case, we’re joined this week by senior reporter Diana Jones. Also on this week’s show, we discuss another of President Trump’s controversial judicial nominees; Reed Smith firing a partner accused of sexual harassment; and how fewer and fewer people can pass the California bar exam.

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 all the legal drama surrounding the West Virginia Supreme Court; a dine-and-dash dater; an attorney who called his client a “total moron;” a woman who took a toilet tumble at the White House Easter egg roll; and former Jersey Shore star Mike “The Situation” Sorrentino’s mounting legal troubles.

CNN took President Trump to court this week for banning reporter Jim Acosta from the White House, culminating on Friday in a major win for the network. Our own Bill Donahue was covering the case all week and walks us through the details. We’re also joined this week by John B. Bellinger III, one of several prominent conservative attorneys who say President Trump has undermined the rule of law. Also on this week’s show, a group of Harvard Law students organize a boycott against Kirkland & Ellis; and a Hogan Lovells attorney is caught watching porn at work.

President Trump fired Attorney General Jeff Sessions the day after the midterm elections, replacing him with a loyalist named Matthew Whitaker. At the end of a wild week, we’re talking about Sessions’ firing, about Whitaker’s controversial appointment, and about what it all means for Robert Mueller. Also this week, we talk about big votes on criminal justice and marijuana and interview a BigLaw attorney about her firm’s efforts to help voters on Election Day.

The tension between state and federal cannabis laws was on display this week in Colorado, where a marijuana farm beat accusations that their otherwise legal business amounted to federal racketeering. To break down the case’s big implications for a budding industry, we’re joined by Denver court reporter Diana Novak Jones. Also this week, we discuss Pittsburgh’s failed effort to hide the details of its bid for a new Amazon headquarters; and a litigious New York attorney who couldn’t shake a judge’s “copyright troll” label.

The murder of Washington Post columnist Jamal Khashoggi at the hands of the Saudi Arabian government has put U.S.commercial ties with the Middle Eastern nation under the microscope, and BigLaw is no exception. We’re joined by D.C. reporter Jimmy Hoover to talk about which firms have ties to the Saudis, the one firm that has already backed away, and the many others that have remained silent. Also this week, we discuss New York’s suit claiming Exxon Mobil defrauded shareholders by downplaying climate change; the fight over a citizenship question on the 2020 U.S. census; and an attorney who claims too much wine led him to share insider stock tips.

The Florida Supreme Court ruled this week that Gov. Rick Scott couldn’t pick three new high court justices in his final hours in office, capping off a strange judicial showdown in the Sunshine State. Carolina Bolado, our senior Florida reporter, joins us on the show this week to break it all down. Also this week, we’ll talk about a stinging dissent about criminal sentencing from Sonia Sotomayor; a case that’s been dubbed “The Biggest Class Action In History”; and more chaotic impeachment developments in the West Virginia Supreme Court.

The Supreme Court is once again set to weigh in on the important question of arbitration agreements, and what the justices decide in two big cases could have an impact on millions of workers across many industries. To unpack the new cases and what’s at stake in the term ahead, we’ll be joined by Law360 senior employment reporter Vin Gurrieri. Also on this week’s show, an accusation that a federal judge should have recused herself from a major case because she was in talks to join Cravath; a new case claiming that NYU and Harvard discriminate white men; and an epic smackdown from an appellate judge who said a case against Jay-Z had “a real stench to it.”

With the U.S. Supreme Court’s new term officially under way, we're breaking it all down -- the important cases to watch, the petitions the court could grant, and how this term might differ from last year's whirlwind. Joining us to preview all things SCOTUS is Ian Gershengorn, a former acting U.S. Solicitor General and the current head of Jenner & Block’s appellate practice.

All eyes were on Capitol Hill on Thursday for a pivotal hearing on Dr. Christine Blasey Ford’s accusations of sexual assault against Supreme Court nominee Brett Kavanaugh. Ford described fearing for her life; Kavanaugh angrily denied the allegations. On this week’s show, we break down the whole chaotic week of news, including Thursday’s bombshell hearing and the latest developments from Friday. Plus, our reporter Michael Macagnone, who was in the room for the hearing, will join the show to give us the inside story.

Skadden Arps Slate Meagher & Flom LLP is again facing scrutiny over its links to former Trump campaign chairman Paul Manafort. The elite BigLaw firm has long denied any wrongdoing over its involvement in his shady lobbying for pro-Russian figures, but the plea deal Manafort struck with prosecutors last week seemed to contradict some of those claims. Law360 senior reporter Andrew Strickler, who has been following the Skadden story for months, joins us to break it all down. Also on this week's show, a recap of the sexual assault allegations against Brett Kavanaugh; a disturbing gender discrimination case leveled against the firm of Manatt Phelps; and Justice Sonia Sotomayor’s entertaining chat with children at the Brooklyn Public Library.

In honor of the Emmy Awards, we’re presenting our own honors to celebrate achievements in television that focuses on the law. Join us as we hand out awards for key legal moments from “Game of Thrones,” “The Office,” “Breaking Bad” and many more, plus a Lifetime Achievement Award for a certain long-running legal drama. Tune in.

Congress held confirmation hearings for Supreme Court nominee Brett Kavanaugh this week that included drama over documents, protests, and plenty of talk about big issues like abortion and gun control. D.C. reporter Michael Macagnone who was on the scene for the hearings comes on the show to give us an inside look at the action. Also this week, we discuss State Farm’s $250M settlement in a case over buying a judge; Facebook and Twitter execs weighing in on “fake news” and facing a suit over allegedly suppressing conservative content; and a dine-and-dash dater who may have to pick up the tab for some legal bills.