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

A years-long push to update the District of Columbia’s century-old criminal code landed with a thud this week as the U.S. Senate resoundingly defeated a suite of proposed amendments that would have reset sentencing guidelines and lowered penalties for certain crimes. On this week’s episode of Pro Say we welcome Law360 reporter Katie Buehler to explain how we got here, and what comes next in the heated debate over crime in the nation’s capital that has underscored the district’s unique hurdles to self-governance. Also this week, “M&A Day on Pro Say” kicks off a bid to scuttle the proposed merger between JetBlue and Spirit Airlines by federal regulators who say it’ll drive up flight costs. We then turn to New York BigLaw fixture Shearman and Sterling, which this week called off a rumored merger with Hogan Lovells and could face some difficulties moving forward. Finally, one of the alleged co-conspirators in the theft of Lady Gaga’s two french bulldogs has now sued the singer over unpaid reward money.

It’s been hard to look away from the fascinating, bizarre and tragic trial of disgraced South Carolina attorney Alex Murdaugh, who was convicted this week of murdering his wife and son. This week, Pro Say is joined by Law360 senior trials reporter Cara Salvatore, who has been covering every twist and turn. Salvatore walks us through the big revelations that shaped the trial and led to the jury’s decision. Also this week, the International Trade Commission is weighing a potential import ban on Apple Watches after finding that Apple infringed a Masimo patent covering technology for measuring oxygen in the blood. And we break down an invitation for the Supreme Court justices to make some entertaining connect-the-dots drawings.

The already heated debate over biometric data collection saw a jolt last week as the Illinois Supreme Court ruled that privacy claims pile up with each unlawful logging of employee data, potentially putting employers on the hook for astronomical damages. Joining Pro Say this week is Chicago court reporter Celeste Bott to break down the Prairie State’s high court ruling and what it could mean for workplace tracking disputes. Also this week, two plaintiffs’ firms trade blows over a Facebook antitrust case, and the DOJ files charges against an ex-con for his purported impersonation of a private equity GC and BigLaw pro. Finally, the hosts examine the tortured legal connections of this week’s most anticipated movie release, “Cocaine Bear.”

The weeks since the disastrous derailment of a Norfolk Southern freight train carrying toxic chemicals have seen a flurry of lawsuits from residents and business owners in and around East Palestine, Ohio. On this week’s Pro Say, we’re joined by Ohio courts reporter Eric Heisig, who breaks down the legal blowback as well as what’s likely to come as we learn more about what exactly went awry and what it means for the region. Also on the show, we dig into Alec Baldwin’s efforts to get a special prosecutor booted from New Mexico’s case against him over the “Rust” shooting; the resignation of the Federal Trade Commission’s lone Republican member; and a clerk of court fired over a butt dial.

The sensation of being RickRolled is unmistakable, thanks in no small part to the distinct timbre of the voice Rick Astley on full display in his 1987 smash Never Gonna Give You Up. But now, Astley is locked in a battle with rapper Yung Gravy, who mimicked the singer’s voice in a way that Astley says violates his publicity rights. On this week’s Pro Say, the hosts break down Astley’s legal gambit and explain why the suit may face an uphill climb. Also on this week’s show, French fashion house Hermes defeats an LA designer who used images of its iconic Birkin bags in a line of NFTs, and an Ohio judge gets slapped with a $1.1 million verdict for firing a Jewish staff attorney after she asked for eight days off to observe the High Holidays. Finally, the hosts discuss the troubling rise of Legal Reporter Brain, a condition that has left them unable to engage with pop culture in a traditional manner.

This week the Third Circuit said Johnson & Johnson can’t use the “Texas two-step” to create a talc unit to spin off billions of dollars in liability and then immediately file for bankruptcy protection. The controversial maneuver has faced scrutiny in other suits as well, and this week we’re joined by Law360 senior bankruptcy reporter Vince Sullivan to talk about what the ruling means for J&J and beyond. Also on this week’s show, we discuss a federal grand juries indicting Tom Girardi for allegedly stealing millions from his clients; the Second Circuit reining in the power of Manhattan federal judge Jed Rakoff to use discretion in voir dire; and we weigh in on some new social “laws” to live by.

An ugly turf war is playing out at some of New York City’s most hallowed venues, with Madison Square Garden as the epicenter of the dispute. The storied arena’s owner, James Dolan, has barred attorneys litigating against his various business interests from entering the Garden, enforcing the policy with cutting edge facial recognition technology and inviting a flood of litigation from the aggrieved lawyers. On this week’s Pro Say, we’re joined by attorneys Benjamin Noren and Joe Polito of Davidoff Hutcher & Citron, who have found themselves in Dolan’s crosshairs, to break down the mechanics of this ban and their fight to undo it. Also this week, the Justice Department muscles up against Google with a new antitrust suit over the company’s advertising technology, and former Whole Foods employees suffer another setback in their legal fight against the company’s decision to fire them for donning Black Lives Matter facemasks on the job. Finally, we envision a dinner party at the home of legal fiction luminary John

This month the Securities and Exchange Commission sued law firm Covington & Burling claiming it needed a list of clients that were impacted by a 2020 cybersecurity breach attributed to Chinese spies. The feds say they need the list to determine whether any securities laws were broken following the hack, but Covington is fighting back, arguing the disclosure would run afoul of attorney client privilege. On this week’s episode of Pro Say, Law360 cybersecurity reporter Ben Kochman joins us to discuss where both sides stand in this fascinating showdown between the SEC and BigLaw. Also this week, New York’s former state chief judge lands in hot water over a mountain of taxpayer expenses that may not have been approved; the blogging habits of disgraced FTX founder Sam Bankman-Fried make life difficult for his attorneys; and finally, the latest legal effort by everyone’s favorite litigious rapper Lil Wayne proves unsuccessful.

Decades of tension over the use of noncompete agreements in the workplace has bubbled over to start the year with a Federal Trade Commission proposal to ban those agreements across the board. The early-stage move drew cheers from the labor movement and threats of swift litigation from the powerful business lobby, teeing up a fierce legal and political clash in the coming months. Law360 competition reporter Bryan Koenig joins Pro Say this week  to lay out the specifics of the FTC’s bombshell proposal and the likely battles that lie ahead. Also this week, Real Housewives star Jen Shah gets 6.5 years in prison for her role in a telemarketing scam and the Fifth Circuit strikes down a ban on “bump stocks” meant to accelerate the firing of semi-automatic rifles. Finally, a mysterious interloper in the elite publishing world is rung up on fraud charges for stealing manuscripts and impersonating literary figures to mysterious ends.

The Pro Say podcast is taking a break this week for the holiday. In its place, please enjoy Law360 Explores: The Law School Promise, a two-part series looking at whether the structures of legal education are working. In Episode 2, we take our seats inside the prestigious legal classroom, where law professors teaching a century-old curriculum engage in Socratic dialogue to shape you into thinking like a lawyer. But is that the most effective way of teaching, for all students? On this episode, we investigate how outdated methods like one final exam and cold calling can negatively impact students, and some of the ways that legal education reforms could change the curriculum for the better.

The Pro Say podcast is taking a break this week for the holiday. In its place, please enjoy Law360 Explores: The Law School Promise, a two-part series looking at whether the structures of legal education are working. In Episode 1 we start with the rigorous admissions process that includes not just letters of recommendation and statements of purpose, but the notoriously arduous LSAT exam. An exceptional score can open doors at the nation’s most prestigious universities, but is it the fairest way to measure candidates’ potential? We investigate whether the law school admissions process makes sense, and whether a system that emphasizes a test score so heavily is leaving qualified law school applicants behind.

Another year, another deluge of legal news, and as usual, the Pro Say gang has you covered. This week’s show is a look back at a whirlwind of judicial activity, headlined by a historic Supreme Court term that saw 50 years of abortion rights precedent wiped away, gun rights expanded and stirred a feverish debate over the institution of the court itself. We’ll also walk through a handful of highly publicized trials that had both excerpts and non-experts buzzing, including defamation cases against Alex Jones and Johnny Depp, and the continuing lengthy trudge of the Theranos fraud saga. Finally, no year-end legal news recap would be complete without a dive into the many continuing legal entanglements of former President Donald Trump, including a federal raid on his private residence and not one but two tax and corruption actions against his business empire.

The Supreme Court is once again examining the line between LGBTQ+ discrimination and religious freedom, this time in the case of a Colorado web designer looking to establish her right to refuse service to same-sex couples. That conflict prompted a range of hypothetical questions from the high court at this week’s oral arguments, ranging from amusing to uncomfortable, all of which underscored the justices’ close scrutiny of the dispute. This week, Law360’s Supreme Court reporter and co-host of The Term, Jimmy Hoover, joins Pro Say to talk about the case and what the court’s unique questioning style might reveal about its future. Also on this week’s show, Hertz forks over $168 million to settle hundreds of claims that saw some of its customers jailed over false car theft claims, and the man who appeared naked as a baby on the cover of Nirvana’s “Nevermind” pleaded with the Ninth Circuit to keep his child pornography case alive. Finally, the Pro Say crew once again dives into the depths of Taylor Swift fandom as

A historic challenge to the NCAA over its purported failure to warn college athletes about the dangers of repetitive head injuries fizzled in California state court last week as a jury found that the organization was not liable for the death of a former USC linebacker who was posthumously diagnosed with CTE. This week on Pro Say, the hosts break down the first-ever CTE-related wrongful death suit against the college athletics body to reach a jury and consider whether the organization’s win muddies the water for any future challenges. Also on the show, Google faces down a class of 21 million consumers accusing the tech giant of monopolizing the app distribution market on Android devices, and a testy battle between Jack Daniel’s and a dog toy company may bring clarity to the tension between protecting trademarks and safeguarding free speech. Finally, the gang spotlights a brand new Law360 podcast that explores whether law school is actually delivering on what it promises to students.

It’s time once again for one of Pro Say’s grandest traditions, as the hosts gather round and give thanks for another crop of legal oddities. This year delivered a bounty, as the crew offers an update on the curious case of the Ana de Armas movie trailer that wasn’t and revisits the fecal rage of a former court officer directed at an Ohio congressman. Finally, a look back at the legal morass caused by an artist’s construction of a wall of cheese near the U.S.-Mexico border, complete with a look behind the scenes at the podcasting quagmire that almost swallowed the segment whole.

One of the cryptocurrency market’s largest exchanges collapsed in particularly stunning fashion last week after some questionable financial entanglements came to light, leading to a “run on the bank” and ultimately the loss of FTX’s $32 billion value. On this week’s episode of Pro Say, we’re talking you through all the legal elements of the FTX fiasco, including the numerous government investigations now underway, how much liability the company’s owner and some celebrity brand ambassadors may be on the hook for, and what this all means for the future of crypto. Also this week, an independent labor activist has filed a charge accusing the Brooklyn Nets of violating federal labor law when it suspended Kyrie Irving; and Law360 Editor at Large Chris Villani stops by the show to discuss yet another turn in the Varsity Blues college admissions scandal, as the First Circuit appears ready to walk back convictions of two implicated parents.

Elon Musk’s takeover of Twitter wiped away one thorny lawsuit over his attempts to back out of the deal, but his rough start at the helm of the social network has spawned a new host of legal problems. On this week’s Pro Say, the hosts examine Musk’s decision to lay off thousands of Twitter’s workers, which has invited new litigation from former employees who say they were not given proper notice that they’d soon lose their jobs. Also on this week’s show, a rundown of some big-ticket ballot initiatives decided during Tuesday’s midterm elections, including measures covering reproductive rights, cannabis legalization and sports betting. Next, the founder of Barstool Sports sees his defamation case against a media company that published stories about his purported sexual misconduct thrown out. Finally, new trademark lawsuit just dropped, as Drake and 21 Savage take heat from Conde Nast over a bogus Vogue cover meant to promote their new album.

A $2.2 billion merger between Penguin Random House and Simon & Schuster has been put on ice after a federal judge found that the tie-up poses a likely threat to the market for publishing top-selling books. The ruling came after a three-week trial that saw testimony from literary giants like Stephen King who warned against the dangers of consolidation in the publishing industry. Joining Pro Say this week to break down the trial and the fallout from the merger’s blocking is Law360’s senior competition reporter, Matt Perlman. Also this week, a Seattle attorney faces potential discipline for fabricating an entire news outlet as part of his effort to force the payout of an $18 billion arbitration award against Chevron, and a popular YouTube lawyer sues for defamation against a website publisher who questioned his credentials. Finally, none other than Arnold Schwarzenegger steps into the Supreme Court fray over state-level election policy.

The Consumer Financial Protection Bureau is facing an existential crisis after the Fifth Circuit said the agency is unconstitutionally funded. On this week's episode, Law360 senior baking reporter Jon Hill tells us about the fallout of that ruling, including a flurry of filings from companies looking to get CFPB cases thrown out. Also this week, we discuss a criminal tax fraud case getting underway against the Trump Organization; an appellate ruling that says call center workers should be paid for the time it takes to boot up their computers; and we offer a plethora of legally-themed Halloween costume ideas.

The legal headaches keep piling up for Dechert LLP and the former head of its white collar shop in London, Neil Gerrard. The BigLaw fixture and its ex-partner have been targeted with suits on both sides of the Atlantic alleging a range of systemic corruption. The years-long saga gained new steam over the past week as Dechert now faces fresh challenges in D.C. and New York from an aviation executive and a former journalist with axes to grind against the firm. Joining Pro Say this week to break down Dechert’s sprawling plight is Law360 editor-at-large Andrew Strickler. Also on the show, Snapchat is hit with a consumer protection suit over its alleged role in the fentanyl overdoses of its teenage users, and a pair of lawsuits led by former NFL head coaches over the terms of their dismissal begin to align in surprising fashion. Finally, we look at a curious new case over the government’s unwillingness to release JFK assassination documents.