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

Whether it's Russian meddling, the Equifax breach or Facebook's user-data scandal, every day seems to bring a new cyber security crisis. What can Washington do to address these threats? What about private businesses? This week we’re joined by a guest who knows the cyberthreat landscape well, Secretary Jeh Johnson, who led the Department of Homeland Security during the Obama administration. Also this week, we talk about a Ninth Circuit ruling that says employers can’t rely on salary history to justify paying women less than men.

On the heels of the billion dollar March Madness tournament, we’re taking up a big question this week: Should college athletes be paid? Senior sports reporter Zach Zagger comes on the show to talk about a major case headed to trial that may squarely answer that question. Also this week, we talk about a Supreme Court ruling on overtime pay; a judge saying courts improperly used the fees from PACER; and an Iowa man who was threatened with lawsuits when he said his town smelled like “rancid dog food.”

BigLaw firm Munger Tolles found itself in hot water this week after word leaked that it was forcing summer associates to sign mandatory arbitration agreements that would keep harassment lawsuits out of court. Munger quickly dropped the agreements, and two more major firms soon did the same. Will more follow? Was this BigLaw’s first #MeToo moment? Senior reporter Natalie Rodriguez joins us to discuss. Also this week, we talk about Oracle’s billion-dollar copyright case against Google; associates being held in contempt for following partners’ orders; and a famous drummer-turned-doctor who rushed to the aid of a juror in cardiac arrest during his own malpractice trial.

Latham & Watkins, one of the most prestigious law firms in the world, saw chairman Bill Voge resign this week after revelations that he’d engaged in a pattern of reckless behavior. But how did the saga unfold, and how did it become public? This week we’re joined by senior reporter Sam Reisman, who broke the Voge story with his exclusive reporting. Also this week, we discuss a controversial copyright ruling over the song “Blurred Lines”; the legal blowback Facebook will face over the Cambridge Analytica scandal; and Lindsay Lohan’s new gig for a lawyer referral site.

The #MeToo and #TimesUp movements have gained significant traction this year, but lawsuits against alleged abusers have not always addressed the institutions that enabled the abuse. This week we’re joined by Chicago court reporter Diana Novak Jones, who tells us about a case using a novel legal approach to tackle that problem. Also this week, we discuss the White House blocking a proposed $117 billion takeover of chipmaker Qualcomm by a foreign company; the largest agricultural litigation settlement in U.S. history; and a judge who used Shakespeare to write a spirited ruling in a dispute over wine.

This week we’re talking about the President Trump’s efforts to reshape the judicial branch — both his progress so far and what to expect in the years ahead. We’re joined first by Ed Beeson, to talk us through some forces that could slow down Trump’s progress, and then by Jimmy Hoover, to talk about one district court that has been overlooked. Also this week, we discuss Trump’s controversial trade moves; and we unpack the “inclusion riders” that were put in the spotlight by last week’s Oscars.

In honor of the Oscars this weekend, we’re presenting the first annual Academy Lawards, a celebration of achievements in cinema focusing on the law. Join us as we hand out awards for Best Argument in film, Most Disparaging Portrayal of a Lawyer and many more. Also this week, we touch down on a Second Circuit ruling that discrimination against gay employees is barred under federal law.

The Supreme Court is poised to answer a digital privacy question with huge implications: Can U.S. prosecutors force Microsoft to turn over personal email data that's stored on overseas servers? With arguments set for next week, Microsoft head of litigation David Howard comes on the show to walk us through his company's case. Also this week, we discuss a former BigLaw attorney who pleaded guilty to lying to Robert Mueller’s investigators; a Supreme Court ruling that narrowed protections for corporate whistleblowers; and a legal beef over Dunkin’ Donuts Angus steak sandwiches.

Law firms are full of people with the title “partner,” but what exactly does that mean? After years of change, the title ain’t always what it used to be. Senior reporter Andrew Strickler comes on the show this week to talk about “partners,” particularly as it relates to the wave of gender bias suits filed against BigLaw firms. Also this week, we discuss a big ruling on the destruction of New York City graffiti space “5Pointz”; a new lawsuit claiming bar prep giant Barbri colluded with top law schools to crush competitors; and Taylor Swift’s efforts to shake off a lawsuit alleging she stole lyrics for some of her songs.

Ninth Circuit Judge Alex Kozinski was under investigation for sexually harassing clerks. Amid the scandal the judge retired, and now the probe has been called off. Senior reporter Natalie Rodriguez comes on the show to talk about how the end of the investigation highlights a need for significant reforms to how the judicial branch handles sexual harassment. Also this week, we discuss looming changes that could cause headaches for foreign companies looking to invest in the U.S., an FBI sting that busted a judge for accepting bribes, and Chuck Norris filing a lawsuit that is the legal equivalent of a roundhouse kick to the face.

Google and Uber, two Silicon Valley behemoths, are set to square off next week in a high stakes trial that could determine the future of self-driving cars. Senior intellectual property reporter and Pro Say co-host Bill Donahue walks us through what we need to know about the billion-dollar trial. Also this week, we discuss an appeals court “swiping left” over age discrimination on the dating app Tinder; a ruling on the embattled Consumer Financial Protection Bureau; and the misdeeds that finally landed rapper DMX behind bars.

It’s not every day that a BigLaw firm goes under, but that’s just what happened to legal stalwart Sedgwick LLP, which formally closed shop last week. What went wrong? Our business of law reporter Sam Reisman, who spent months covering the firm’s demise, comes on the show to give us the scoop. Also this week, we discuss how a court ruling forced Starbucks to keep stores open during the “Retail Apocalypse,” a Fourth Circuit ruling that slammed “sham” arbitration clauses foisted on strippers, and an inside look at the New York City Bar Association's musical roast of Preet Bharara.

Can your lawyer go against your wishes if they think it’s in your best interest? That’s the tricky question the Supreme Court weighed this week in a case where a lawyer admitted his client committed murder in a failed effort to spare him the death penalty. On this week’s show, Supreme Court reporter Chuck Stanley joins us to break down the case. Also this week, we discuss the wave of legal challenges to the rollback of net neutrality; two new big cases that the Supreme Court has agreed to hear; and a former Jersey Shore star who changed his signature GTL to “gym, tax evasion, laundry.”

You've definitely heard about the recent conviction of “pharma bro” Martin Shkreli, but what about Evan Greebel? He was Shkreli's BigLaw attorney, and he was convicted of securities fraud, too. Manhattan courthouse reporter Stewart Bishop comes on the show to break down the case against Greebel -- and how it's a cautionary tale for other lawyers. Also on this week’s show, we discuss a court blocking President Trump’s plan to roll back the Deferred Action for Childhood Arrivals program and what Congress might do next; a ruling striking down partisan gerrymandering in North Carolina; and a privacy case over the 5-bite diet.

What do you do when jurors think they know more than the experts on the witness stand? Senior trials reporter Daniel Siegal joins us to talk about his recent story on modern jurors who are emboldened by too many Google searches and episodes of Law and Order. Also on this week’s show, we discuss Attorney General Jeff Sessions’ move to ramp up enforcement of federal marijuana laws; Paul Manafort’s suit against Special Counsel Robert Mueller; and an insurance company balking at paying a claim because of a machete-wielding shareholder.

The law was at the center of 2017's biggest news stories. To catch up on the year that was, we're running down the five most important legal stories of the year, including: The wave of sexual misconduct scandals and their connections to the legal community; President Trump's efforts to reshape the courts; the slew of lawsuits aimed at checking the new administration; Robert Mueller’s investigation into Russian meddling in the 2016 election; and the many lawsuits accusing BigLaw of underpaying women.

This week the Federal Communications Commission overturned Obama-era net neutrality rules mandating that internet service providers treat all online content equally, handing industry groups a win and offering ISPs leeway to try out “fast” and “slow” lanes for web traffic. Our senior telecom reporter Kelcee Griffis was in person for the vote and joins us from Washington to talk about what happens next. Also on this week’s show, we discuss sexual misconduct claims against a sitting Ninth Circuit judge, the White House giving up on winning Senate approval for two of President Trump’s more controversial judicial nominations, and how to block naughty lawsuits from nice holiday parties.

The Supreme Court heard oral arguments this week in the closely-watched case over whether a Colorado baker had the right to refuse to bake a wedding cake for a gay couple. Law360’s Supreme Court reporter Jimmy Hoover was on the scene, and gives us some insight about the crucial swing vote in the case. Then, senior court reporter Pete Brush joins us to talk about an ongoing trial over a multi-billion dollar scheme to skirt sanctions by swapping Turkish gold for Iranian oil - a case that has given Pete quite the Twitter following in Turkey. And finally, we discuss legal fireworks over Katy Perry’s purchase of a former convent in California.

What happens when two people lay claim to leadership of the same federal agency? This week, in the surreal case of the Consumer Financial Protection Bureau, we found out. Senior banking reporter Evan Weinberger joins us to break down the background, the court case, and the infamous bag of donuts. Also on this week’s show, we discuss revelations that delayed the battle between Waymo and Uber on the eve of trial, a sports gambling case the Supreme Court will hear on Monday, and Texas Supreme Court Justice Don Willett saving a man’s life at Chick-Fil-A.

On this week’s special holiday show, we’re doing something a little different -- taking a look back at our favorite offbeat stories of the year. We revisit a bananas Ninth Circuit oral argument about a monkey who took a selfie; a comedy duo facing legal trouble for pranking a Wisconsin morning show; a copyright suit over a 24-year-old Meat Loaf hit; and every pun you can imagine to describe a lobster poacher who’s on the hook for millions.