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

Republicans have long grumbled that the ABA has a liberal bias, but the group’s four recent rejections of Trump judicial nominees have pushed things toward open conflict. We’re joined by senior reporter Michael Macagnone to talk us through the growing showdown over the role the ABA plays in picking judges. Also on this week’s show, we discuss a BigLaw leader who resigned after claiming on Fox News that legitimate victims of sexual harassment are “few and far between”; a mistrial in Senator Bob Menendez’s corruption case; and the unusual things unearthed about Trump federal district judge pick Brett Talley.

The sexual assault scandal surrounding Hollywood titan Harvey Weinstein expanded this week into BigLaw. It was revealed that Weinstein’s long-time lawyer David Boies played a part in hiring a private spy firm to help Weinstein suppress a New York Times article detailing the harassment allegations, even though the Times was also a client of Boies Schiller. Senior legal ethics reporter Andrew Strickler comes on the show to explain what happened and the ethical implications for the famed litigator. Also on this week’s show, we discuss a provision in the GOP tax plan that could keep law firms on the hook for higher taxes; the legal pushback billionaire Joe Ricketts may face after shuttering local news sites DNAinfo and Gothamist after a union vote; and an appellate court weighing in on whether a judge falling asleep while on the bench merits a new trial.

The opioid epidemic has recently been put in the spotlight by Washington policy makers, but that’s not the only venue where the issue is being tackled. Law360 senior reporter Andrew Westney comes on the show to walk us through a wave of lawsuits filed against drugmakers and retailers over their alleged role in fueling the crisis. Also on this week’s show, we discuss special counsel Robert Mueller’s willingness to push back against the attorney-client privilege; a D.C. federal judge blocking the Trump administration’s ban on transgender people serving in the military; and a New Jersey state judge accused of “explosive fits of rage” and “extreme emotional immaturity.”

The Supreme Court is set to weigh two privacy cases this term that could be game changers, including one about personal cloud data stored overseas and another about search warrants for cell phone location data. Andy Pincus, a partner at Mayer Brown who has argued 27 cases before the high court, joins the show to break down the cases and what impact they could have. Also on this week’s show, we run down a big copyright case over illegal downloading; we offer updates on several stories from previous episodes, including Congress making it harder to sue banks, a $417M Talc cancer verdict, and HSBC traders behaving badly; and we discuss Johnny Depp’s latest legal battle - a suit he’s filed against his own lawyers.

The NFL has had no shortage of controversies lately. President Trump has blasted players staging on-field protests of racial injustice and the league has been criticized over its response to allegations of domestic violence perpetrated by players. Senior sports reporter Zach Zagger joins the show to give us an overview of the legal battles that are heating up over these issues. Also on this week’s show, we check in with cert grant corner and two big cases now pending before the Supreme Court; we discuss the conviction of an auto racer and his attorney for a huge payday loan scheme; and we try to avoid being catfished by a scammer that duped some law firms.

Can the legal profession crack its glass ceiling? Does law school actually prepare people to be lawyers? Hilarie Bass, the new president of the American Bar Association, comes on the show to talk about her plans to answer these pressing questions. Also on this week’s show, we discuss a lawsuit filed over a device used in the Las Vegas mass shooting; the explosive phone calls between a pair of HSBC traders at the center of an alleged $3.5 billion scam; and a copyright suit targeting a 24-year-old Meat Loaf hit.

Can employers force workers to sign away the right to bring class actions, or does that violate federal labor law? That’s the issue the Supreme Court tackled this week, and senior employment reporter Vin Gurrieri joins the show to tell us all about his trip to the oral arguments and how the justices may be leaning. Also on this week’s show, we discuss a BigLaw firm sued by a former client despite winning the company a $42.5 million verdict, we check in on the latest charges over the failed Fyre Fest, and we say goodbye to rock legend Tom Petty with a story about his laid-back approach to legal matters.

This week's Pro Say is our Supreme Court preview special, where we spend the entire show with a former acting U.S. Solicitor General talking about why the upcoming Supreme Court term could be a blockbuster one. Ian Gershengorn, now the chair of Jenner & Block’s appellate and Supreme Court practice, discusses the term’s most high profile cases, including Trump's immigration travel ban, political gerrymandering, and whether a baker can refuse to make a cake for a same-sex wedding.

Are you ready for the new Supreme Court term? We’ve got an episode of Pro Say coming up that will help you know what to expect and catch up on the cases you should be watching. Check out this preview of our talk with former acting U.S. Solicitor General and current chair of Jenner & Block’s appellate and Supreme Court practice Ian Gershengorn who tells us why the upcoming Supreme Court term could be a blockbuster one. Then, check back on Sept. 29 for our full episode previewing the Supreme Court term.

When a federal judge with a lifetime appointment stops playing nice with other judges and won’t fully participate in the work of the court, what can be done? An Ohio federal judge was asked to submit to a mental health evaluation after that exact type of scenario played out recently -- and he wasn’t happy about it. Senior legal ethics reporter Andrew Strickler joins us to talk about the lawsuit that judge has filed and how far court authorities can go to control judges. Also on this week’s show, we discuss pharmaceutical giant Allergan using a creative legal maneuver involving Native Americans to shield drug patents from review, sentencing news related to the fall of law firm Dewey & LeBoeuf, and how the Grinch couldn’t steal fair use.

Legal action by investors in the wake of high-profile data breaches has yielded mixed results in recent years, but the tide could be turning following last week’s news of a hack against consumer credit reporting agency Equifax. Senior securities reporter Carmen Germaine comes on the podcast to walk us through what Equifax may be facing. Also on this week’s show, we discuss a House-passed bill about regulating self-driving cars, the NFL’s legal battle with Dallas Cowboys running back Ezekiel Elliott, and a comedy duo facing legal trouble over their appearance on a Wisconsin morning show.

The Trump administration recently made the controversial decision to phase out Deferred Action for Childhood Arrivals, a program that prevents the deportation of unauthorized immigrants brought to the United States as children. Senior immigration reporter Allissa Wickham comes on the show to discuss the aftermath of the rollback, including whether Congress will pass legislation to help these young immigrants and a lawsuit launched by 15 states to try to save DACA. Also on this week’s show, we discuss Hunton & Williams shelling out $34 million to settle allegations it aided a $7 billion Ponzi scheme, the kickoff of Senator Robert Menendez’s bribery trial, and a $13 million jury verdict over classic literature and movie-deal sabotage.

As students head back to school, we issue a report card of our own to the judiciary. Nebraska federal judge Richard Kopf joins us to rate the courts as part of his review of Seventh Circuit Judge Richard Posner's new book on the state of the judicial branch. Also on this week’s show, we discuss the lawsuits challenging the Trump administration’s looming ban on transgender individuals serving in military, as well as a booted settlement in a case accusing Subway of promising customers footlong sandwiches that were actually undersized.

Law firms have made no real progress over the past year in diversifying their workforce, according to the latest Law360 Diversity Snapshot. To talk about the results of the survey of more than 300 law firms and what some firms are doing to buck the trend, we’re joined by Law360 In Depth reporter Erin Coe. Also on this week’s show, the hosts discuss the legal implications of firing neo-Nazis, a whopping $417 million verdict against Johnson & Johnson in a case over the link between baby powder and cancer, and how the legal world reacted to the recent solar eclipse.

A two-week trial that saw clashes between union reps and reality television producers wrapped up in Boston this week after a jury acquitted four Teamsters of trying to strong-arm their way on to a production team for the popular cooking show Top Chef. We’re joined by court reporter Brian Amaral, to share some stories from inside the courtroom. Also on this week’s show, the hosts discuss a trial where DirecTV could be on the hook for $4 billion for allegedly misleading customers about subscription fees, a defamation suit against the New York Times filed by a professor who says he was misquoted to make it seem like he defended slavery, and an Illinois lawyer hit with a disciplinary complaint after creating a bogus dating profile for a rival attorney.

If you’re an employer, how do you react when one of your workers starts exhibiting erratic behavior? Senior employment reporter Braden Campbell joins us to talk about what to do -- and what not to do -- when it comes to mental illness. Also on this week’s show, the hosts discuss a landmark 7th Circuit ruling upholding the first conviction for the market manipulation tactic known as “spoofing,” two big cutting-edge copyright cases involving Instagram and Beyonce, and Levar Burton’s legal woes over childhood favorite Reading Rainbow.

A recent Supreme Court ruling is threatening to end a single Texas town's outsized role in American patent law, but one local judge isn't taking the ruling lying down. Ryan Davis, senior patent reporter at Law360, comes on the show to talk us through what’s happening down in the Lone Star State. Also on this week’s show, the hosts discuss internet giants including Google and Facebook opposing a bill aimed at combating sex trafficking, an ex-King & Spalding associate suing the firm for allegedly firing him in retaliation for reporting ethical breaches, and the ACLU’s defense of John Oliver’s constitutional right to be mean on television.

Are you looking around your firm and seeing a lot of men in leadership? This week Law360 released our latest Glass Ceiling Report, a look at the progress of women at law firms, and the findings are overall pretty bleak. Law360 In Depth reporter Natalie Rodriguez talks us through the report and what firms can do to advance gender equality. Also on this week’s show, the hosts discuss an eye-popping $150 million jury verdict against drugmaker Abbvie, a suit that saw the leak of information about 50,000 Wells Fargo customers, and the bizarre story of the U.S. Postal Service being sued over a fake Statue of Liberty.

Hulk Hogan’s company-killing lawsuit against Gawker, largely funded by Silicon Valley billionaire Peter Thiel out of a grudge against the media company, cast a harsh light on the little-known world of third-party litigation funding. Andrew Strickler, senior legal ethics reporter, comes on the show to talk about why the attention from the case is making litigation funders nervous. Also on this week’s show, the hosts discuss a Massachusetts court ruling that will make it harder for employers to ban medical marijuana, a Ninth Circuit ruling about whether a judge’s Twitter activity merits recusal, and the latest legal woes of rapper DMX.

When you hire a lateral attorney do you always know what you are getting? Even background checks aren’t catching everything. Senior white collar reporter Jody Godoy comes on the show to walk us through some of the problems BigLaw is facing as it looks to vet new hires. Also on this week’s show, the hosts discuss a contentious trial where Quincy Jones says he’s been stiffed on $30 million in royalties from the Michael Jackson estate, a federal regulation that could lead to more class actions against banks, and some monkey business over a jungle selfie.