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

State Farm is facing a trial this week over allegations that it spent millions of dollars to get a justice elected to the Illinois Supreme Court who later overturned a billion dollar verdict against the insurance giant. Law360 trials reporter Cara Salvatore, who will be in the courtroom for the trial, stops by to give us all the details. Also this week, we discuss Trump’s efforts to reshape the judiciary; a major ruling on the foreign reach of U.S. bribery laws; and a Texas federal judge with a penchant for outlandish opinions.

Within minutes on Tuesday two of President Trump’s closest confidants -- his former attorney Michael Cohen and the one-time chairman of his presidential campaign Paul Manafort -- became felons. What do you need to know to understand Cohen’s plea agreement and Manafort’s conviction? This week we’re joined by white collar ace and former federal prosecutor Seth Waxman to take a deeper look at what these watershed developments mean for the Trump administration.

For disabled attorneys, the legal profession can be a lonely place. In the hypercompetitive pursuit of clients and partnership slots, they may feel pressure to downplay their disability out of fear of facing bias and stigma. And while many law firms offer affinity groups for female, minority and LGBTQ attorneys, fewer mention disabilities in their diversity efforts. On this week’s show, we dive into these challenges with reporters Brandon Lowrey and Erin Coe, who each reported recently on disabled attorneys’ fight for their place in the law. A transcript of this week’s episode is available at https://go.law360.com/2MiJn3z

West Virginia lawmakers this week took the unprecedented step of launching impeachment proceedings against the entire state Supreme Court, citing more than $3 million the justices spent on office renovations along with other allegations of negligence and corruption. Host Amber McKinney breaks down the judicial chaos unfolding in her home state, while Bill and Alex discuss the insider trading indictment of U.S. Representative Chris Collins, and a judge’s refusal to let Cadwalader call experts to the stand during an upcoming legal malpractice trial.

Universities across the country are facing a flurry of lawsuits that claim they cost workers millions by mismanaging retirement portfolios, but this week, in the first case to reach trial, NYU beat those allegations in court. Law360 senior benefits reporter Emily Brill joins the show to break down how exactly they did it. Also on this week's show, we discuss a BigLaw attorney who suggested his opponent's pregnancy was a delay tactic; and a California high court ruling that Starbucks must actually pay its workers for all the time they work

Michael Cohen didn’t commit a crime under New York law when he secretly recorded conversations with now-President Donald Trump, but the practice strongly suggests a toxic attorney-client relationship and could amount to an ethics breach. Law360’s senior legal ethics reporter provides insight on this week’s show, which also includes a “Trade Law with A-Law” segment and touches on the drugmaker who lost its bid to shield patents using Native American tribal immunity.

Our main story this week is an unusual lawsuit filed by MGM Resorts against the victims of last year’s mass shooting in Las Vegas -- and the public relations nightmare that followed. We’ll also break down a jury’s billion-dollar verdict against Johnson & Johnson over talcum powder; a judge’s rejection of a labor law settlement for McDonald’s; and a bizarre freedom of the press story that saw a judge deleting portions of the Los Angeles Times. We’re also asking for your help. Go to the ABA Journal’s website at http://www.abajournal.com/blawgs/web100/ and nominate us to appear on their annual Web 100 Amici list that compiles the best of the legal web, including podcasts like Pro Say. Hurry! Nominations are due by Tuesday, Aug. 7.

We’re talking all things Brett Kavanaugh, the 53-year-old judge who President Donald Trump selected this week to replace Justice Anthony Kennedy on the U.S. Supreme Court. The political battle lines are already forming in Washington D.C, but who is the man himself? With help from Law360 high court reporter Jimmy Hoover, we'll unpack it all — from Kavanaugh's resume, to his biggest rulings, to his writing style and judicial philosophy.

This week's Pro Say is our Supreme Court special, where we step back and take a look at the lessons from the 2017 term. This term the justices considered some blockbuster cases, but the outcomes weren't exactly what many court watchers expected. Willy Jay, co-chair of Goodwin Procter's appellate litigation practice comes on the show to break down the action, including what to expect now that Justice Anthony Kennedy has retired. Also this week, we talk about all the key stats you need to know to understand the impact of the high court's actions this year.

Justice Anthony Kennedy’s retirement from the U.S. Supreme Court dominated the headlines, but the final week of the term also saw the court uphold President Donald Trump’s travel ban and deal a significant blow to organized labor. Hawaii Lieutenant Governor Doug Chin joins us to discuss his state’s failed challenge of the president’s controversial ban, and Law360 employment reporter Vin Gurrieri stops by to explain the justices’ union opinion. Also in this week’s packed show, we’ll discuss Justice Kennedy’s announcement, a few other major SCOTUS rulings, and just how old you can be before one firm forces you to retire.

Immigrant families have been separated by the thousands along the Southern border under a Trump administration zero-tolerance policy. After intense outcry, President Trump issued an Executive Order, but will that actually fix anything? Nicole Narea, senior immigration reporter, joins us to explain the complex legal dynamics at play. Also this week, we discuss two Supreme Court rulings: one that could upend how states collect sales tax from online retailers, and another that punted on the issue of partisan gerrymandering. And finally, we talk about a West Virginia Supreme Court Justice who is in a mountain of trouble.

For years, law firms have had programs aimed at increasing diversity in their attorney ranks. But we’ve got some bad news: It’s not working. Today we’re joined by senior reporter Natalie Rodriguez, who will tell us about the results of our latest survey of diversity at law firms, and what experts say are the things that could actually move the needle on this issue. Also this week, we talk about a federal court approving the blockbuster $85 billion merger of AT&T and Time Warner; the New York Attorney General suing Trump for allegedly using his charity foundation as a “personal checkbook”; and a judge calling out the “egregious behavior” of a New York City real estate developer who demolished the famed graffiti space 5Pointz.

Robert Mueller’s investigation of Russian meddling in the 2016 election made headlines a few times this week, so we’re devoting the entire show to breaking it all down. Michael Macagnone, senior Washington DC reporter, joins us to explain the obscure lobbying law that ensnared former Trump campaign director Paul Manafort — and how it’s keeping K Street and BigLaw up at night. We also talk about new accusations that Manfort engaged in witness tampering, as well as President Trump’s claim that he can pardon himself.

BigLaw firm Quinn Emanuel is facing allegations it used ethically-dubious tactics against high-profile partners who left to form a new firm, enforcing an obscure contract provision to dissuade them from poaching associates. To break it all down, we’re joined by senior legal industry reporter Sam Reisman. Also this week, we discuss efforts by San Francisco and Oakland to hold oil giants responsible for the impact of climate change; Apple’s $539 million verdict against Samsung; and how courtroom cackles during oral arguments led to a second chance.

Are you looking around your firm and still seeing a lot of men in leadership? This week we’re discussing Law360’s annual Glass Ceiling Report, which, like last year, found that women are still heavily underrepresented at the country’s law firms, especially in leadership roles. Joining us to discuss the report is senior reporter Natalie Rodriguez, who sat down with female firm leaders to hear their stories. Then, attorney Kerrie Campbell joins us to talk about the lawsuit she filed against Chadbourne & Parke over what she described as a “boys’ club” culture that led it to pay women less than men.

The U.S. Supreme Court this week struck down federal restrictions on sports gambling, opening the door for states to legalize betting. Senior sports reporter Zach Zagger joins the show to break down the decision and preview the crazy months ahead. Also this week, we discuss the latest battle in Apple and Samsung’s smartphone patent war; a major effort by law schools to demand answers from BigLaw about the use of nondisclosure agreements; and a woman who took a toilet tumble at the White House Easter egg roll.

It’s no secret that the expert witnesses who testify during high-stake trials are usually compensated for their efforts, so why did a lawyer in a huge trial against Johnson & Johnson lie by saying he hadn’t paid the doctors he put on the stand? This week we’re joined by legal ethics reporter Andrew Strickler to unpack the incident, which led an appeals court this month to toss out a $150 million verdict. Also this week, we talk about New York Attorney General Eric Schneiderman stepping down after accusations of physical abuse; a judge ordering Jay-Z to give testimony in a securities case; and Dr. Dre’s attempt to block an actual doctor from registering a trademark for “Dr. Drai.”

On this week’s show we’re joined by Robert Weaver, one of the prosecutors featured in Netflix’s binge-worthy docuseries “Wild, Wild Country.” Bob gives us the inside story of how members of a free-love cult were eventually charged with immigration fraud, bioterrorism, wiretapping, and attempted assassination. Also this week, we discuss a $100 million pregnancy bias lawsuit against Morrison & Foerster; and a California ruling that will make it easier for workers in the gig economy to be classified as employees.

Big things have been happening at the Supreme Court this week, so we’re spending the entire show breaking down the developments. We dive in to the hot-button moments from the oral argument over President Trump’s immigration travel ban, discuss a beef between Justices Gorsuch and Breyer over the always-controversial Chevron deference, and senior reporters Ryan Davis and Matt Bultman come on the show to explain two important patent rulings.

From a dawn raid by the FBI to a shocking reveal about Sean Hannity, the past two weeks have seen a lot of news about Michael Cohen, President Trump’s longtime personal lawyer. To get you caught up, we're digging into the saga: A recap of all the major events, a look at attorney-client privilege, and a dive into Cohen's connection to a major BigLaw firm. Also this week, a Supreme Court case that could have a huge impact on how online retailers like Amazon pay sales tax; and a case that could turn a courtroom in a Broadway theater.