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

A day after yet another mass shooting that left 19 children and two teachers dead in a Texas school, a New York federal court issued a momentous gun rights ruling that upheld a state law allowing for civil suits against gunmakers when illicit sales of firearms cause a public nuisance. It’s a ruling that would have drawn eyeballs regardless, but its proximity to the tragedy in Texas further stirred an already feverish discussion about the strength of the country’s gun laws. The hosts break down the ruling and give a broader look at the gun litigation landscape. Also on this week’s show, Law360’s Boston court reporter Chris Villani stops by to discuss ExxonMobil’s failure to dodge a closely watched climate change lawsuit, and a California judge recuses himself in open court following a testy exchange with counsel over the defendant’s shackles. Finally, the destruction of a cheese wall near the southern border prompts a lawsuit, a settlement, and now, a discussion on the finer points of l’art du fromage.

The victims of the catastrophic Surfside, Florida building collapse reached a $1 billion settlement this week with a slew of defendants, resolving what could have been a messy, emotionally charged dispute with unusual swiftness that left the judge overseeing the litigation speechless. On this week’s episode of Pro Say, Law360 senior reporter Carolina Bolado drops by to fill us in on the details of the extraordinary resolution and what happens next. Also this week, in light of the baby formula shortage that has swept across the country, we catch up on Abbott’s attempt to reopen its formula production plant and other moves the federal government is making to get shelves re-stocked. We also dive into a spot of intrigue out of London this week, as an English court rebuked a former Dechert lawyer who leaked damning information to the government and press about a mining company’s alleged corrupt activities. Finally, we end with a fun First Amendment story about a craft brewery’s right to put a tiny penis on its lab

The court stenographer, typing feverishly to document all the utterances of a legal proceeding, has in recent years been pushed aside by digital reporting and voice recognition software. But the transition has not always been a smooth one, with malfunctions and built-in biases often leaving court transcripts incomplete or entirely blank, creating a number of headaches for the legal system. Law360 senior reporter Steven Lerner joins Pro Say to talk through the challenges with digital court reporting and the implications for courts going forward. Also this week, the Texas bar association muscles up against an assistant AG who brought a lawsuit challenging the 2020 presidential election, and Major League Baseball strikes a deal to settle a near decade-long legal battle over wages paid to its minor league players. Finally, we break down the curious case of a Texas judge reprimanded for literally chaining attorneys to the jury box without holding them in contempt.

This week a draft opinion penned by Justice Samuel Alito was leaked revealing that the U.S. Supreme Court is poised to strike down the landmark 1973 ruling Roe v. Wade that made abortion legal nationwide. We devote our entire show to exploring this potential seismic shift in American jurisprudence. We’re joined by a guest with special insights into abortion cases at the high court, Kathryn Kolbert, a reproductive rights attorney who argued before the Supreme Court in Planned Parenthood v. Casey. She shares her thoughts on not just the future of abortion, but also the potential fate of other civil rights that rest on the same legal framework including contraception, same-sex marriage and interracial marriage. And finally, we turn to the intrigue surrounding the leak itself: who could have released the document, what can we expect from the pending investigation, just how rare are Supreme Court leaks in the first place, and how will it all impact trust in the nation’s highest court.

A Washington high school coach's practice of praying on the 50-yard-line after games has the U.S. Supreme Court once again weighing the separation of church and state in a case that has dragged a divisive decades-old ruling back into the spotlight. Our own Supreme Court expert Jimmy Hoover comes back to Pro Say to explain the so-called Lemon test that may be on the chopping block. Also this week: we discuss a ruling holding former President Trump in civil contempt for flouting a subpoena; two BigLaw firms are unable to shake a $310 million malpractice lawsuit over an alleged typo; and we tee up a story about just how dangerous it can be to live next to a golf course.

This week saw a strange turn in the saga of Endo Pharmaceuticals, which has been raked over the coals for suppressing key documents pertaining to its role in the opioid crisis. The Tennessee judge that handed the company its latest loss not only saw his decision reversed, but found himself booted from the case entirely over concerns about pointed commentary on Facebook and in an interview with Law360. The Pro Say crew breaks down the shocking development and what it means for the opioid litigation landscape. Also this week, Law360’s Amanda Ottaway comes by to discuss what a $450,000 win for a worker fired after an unwanted office birthday can teach employers about handling mental health issues, and Uber sees its arbitration push backfire with a $91 million legal bill. Finally, the hosts confront a pressing question: can you be an attorney general if you’re not generally an attorney? If you want to dive deeper into the Endo saga, check out Episode 217 and Episode 221.

If your vehicle breaks down, shouldn’t you have the right to fix it on your own terms? That’s the question we’re tackling this week as we explore the difficulties consumers face when sellers of goods and equipment – from vehicles to electronics, and even the McDonalds McFlurry machines – maintain exclusive and costly rights to keep them working. Law360 reporter Mike Curley joins Pro Say to break down the so-called “right to repair,” and how lawmakers, regulators and litigants are responding to the issue. Also this week, Mexico looks to hold U.S. gunmakers accountable for border trafficking deaths; the SEC continues its push for increased climate risk-related disclosures from businesses; and finally, a fight between two similarly-named D.C. lobbying firms turns ugly when one tells the other he’ll “bleed him.”

The push to curtail nondisclosure agreements in the workplace is spreading, with a new law in Washington state going further than ever to prevent employers from concealing harassment, discrimination, sexual assault and other illegal activity on the job. Law360’s Hannah Albarazi joins the show this week to discuss that statute and its implications for corporate secrecy. Also this week, New York judges come under fire for hiding outside compensation, and the legal crusade against Tom Girardi intensifies as the former plaintiffs’ champion is smacked with a racketeering suit. Finally, a DC judge is very much in his element citing the Big Lebowski in a bombshell bitcoin seizure case.

The population of homeless individuals across the country has continued to rise, and so have the lawsuits over the rights of the unhoused to occupy public spaces. On the other side of that fight however are business owners who are pressing cities to crack down on encampments that affect their livelihood. On this week’s episode we talk with Law360 reporter Jack Karp about the two sides of the argument, and what cities caught in the middle can do to try and walk that tightrope. Also this week, the government alleges that TurboTax is lying about its services being free, and MillerCoors gets hit with a massive trademark infringement verdict over its Keystone Light label. Finally, Elon Musk quotes rapper Eminem in his latest exchange with the SEC, because of course he did.

Judge Ketanji Brown Jackson’s testimony on Capitol Hill this week was marked with the kind of partisan theatrics that have become standard for Supreme Court confirmations in recent years. But the hearings also allowed Jackson to speak at length about her judicial philosophy and the mindset she brings to the bench, at times clashing with her billing as a deeply progressive jurist. Law360’s Jimmy Hoover joins the show this week to discuss what we learned from Jackson’s testimony and her path forward in the Senate. Also this week, the D.C. attorney general’s antitrust case against Amazon gets booted, and a federal judge privately muses about denying clerkships to students who protest and disrupt panel discussions at law schools. Finally, the Federal Circuit is sick and tired of all your dang rehearing petitions.

An increasing number of law clerks are speaking out about how they were harassed by judges they worked for. This week, we’re joined by Aliza Shatzman, a former D.C. Superior Court clerk who shares her story and explains what Congress can do to eliminate institutional barriers that hinder clerks from receiving help when they are in a similar situation. Also this week, we discuss Sarah Bloom Raskin who pulled out of the running for the top bank regulatory job at the Federal Reserve; Alec Baldwin explaining why he isn’t responsible for the fatal shooting on the set of the movie “Rust”; and celebrity name dropping gone wrong in a deal to buy part of a cannabis company.

As the war in Ukraine rages on, we turn our attention to how the U.S. legal system and the industry have reacted. First, we discuss the Justice Department’s task force that will hunt for sanctions violators and seize the assets of Russian oligarchs. Then, we talk about how BigLaw has reacted to the war – from pro bono efforts and donations to office closures and cutting ties with Russian clients. Also this week, a look at Elon Musk’s latest squabble with the SEC over his tweets and the best courthouses in the nation for ghost hunting.

The battle to confirm Ketanji Brown Jackson to the U.S. Supreme Court begins later this month with much anticipated congressional hearings. On this week's Pro Say podcast we discuss a handful of her opinions that you should read before she heads to Capitol Hill. Also this week, we're joined by Law360 editor-at-large Andrew Strickler to break down an ongoing ethics scandal around judges who did not properly recuse themselves from presiding over cases that involved a company in which the judge or a family member owned stock. We also talk about thousands of restricted records leaked from courts across the nation and take a look at one public defender that has become a TikTok sensation.

It was a monumental week for the U.S. Women’s National Soccer Team, whose high-profile equal pay case ended in a settlement for $24 million in owed wages and strong equal pay protections moving forward. On this week’s episode of Pro Say we’re joined by Mayer Brown partner Nicole Saharsky, who represented the players during their appellate proceedings and explains why this settlement could have such a lasting impact. Also this week: The U.S. Copyright Office declines protections for artwork created by artificial intelligence; a landmark verdict against an opioid maker is in jeopardy after an embarrassing gaffe by a U.S. attorney; and finally, an ugly turn in the saga of ‘Brangelina’ as the actor Brad Pitt accuses his ex-wife Angelina Jolie of selling their winery behind his back.

Both a Manhattan federal jury and a district judge rejected Sarah Palin's libel claims against The New York Times this week bringing an action-packed trial over a 2017 editorial to a close. On this week's episode, Law360's Frank Runyeon explains how the twisty case came to a close. Also this week, we look at Remington’s historic settlement with families of victims of the Sandy Hook Elementary School massacre; the latest fallout for Endo Pharmaceuticals over document hiding worthy of a John Grisham movie; and a BigLaw entry into the metaverse. 

A judicial watchdog called out a Fifth Circuit judge last week for insisting that a Justice Department attorney remove his face mask, despite the attorney’s wish to keep it on in court. On this week’s episode of Pro Say we’re breaking down the complaint, which seems to encapsulate the fraught situation of covid protection and personal safety in the workplace as the nation inches back towards less restrictive environments. Also this week: A lawsuit against Warner Bros. over its decision to release the latest “Matrix” iteration via streaming platform; growing labor unrest after a group of Starbucks employees were allegedly fired for supporting a union campaign; and finally, in light of the upcoming Super Bowl, a lawsuit accusing the Jets and Giants of tricking fans into thinking they play in New York, when in fact their home games take place in New Jersey.

The NFL was hit with allegations of systemic racism in its hiring practices after a Black former Miami Dolphins head coach found out he had not been selected for a job opening before his interview had even taken place. This week we’re joined by Law360 senior sports reporter Zach Zagger to talk about the big charges leveled against the league. Also this week, Waymo tells the DMV its crash data is a trade secret; questions arise about the nature of bank-rate fraud after the convictions of two former bankers are tossed; and a tense Stormy Daniels cross-examination leads to discussions of the paranormal.

Stephen Breyer has never been the kind of Supreme Court justice to make headlines with his opinions and dissents, but he set the legal world abuzz this week with news of his impending retirement, opening up a key vacancy within the court’s dwindling liberal bloc. Law360 reporter and The Term co-host Jimmy Hoover joins the show this week to unpack Breyer’s legacy as a jurist and what his exit means for the makeup of the court. Also this week, the high court takes up a closely watched affirmative action case and Cardi B prevails in her defamation suit against a Youtuber who spread salacious rumors about the hip-hop star. Finally, we dig into a bombshell class action demanding millions in restitution for Ana de Armas erasure.

Environmental justice groups have been working for years to help communities facing health and environmental problems from nearby polluting industries, and three states have recently emerged as leaders in helping the cause. What are these states doing differently, and what lessons can the rest of the country take from them? Law360 senior environmental reporter Juan Carlos Rodriguez joins the podcast this week to explain. Also this week: The end of the “pharma bro” as Martin Shkreli gets an industry ban and $65 million fine; dropped federal charges against an MIT professor who allegedly concealed his ties to the Chinese government; and finally a hefty verdict against southern cooking chain Cracker Barrel for serving a cleaning agent to a customer.

The Supreme Court late on Thursday blocked a Biden Administration rule that required private employers with 100 or more workers to implement a vaccine-or-test policy, but approved mandating vaccines for healthcare workers at facilities that receive government funding. On this week’s episode of Pro Say, we review the rulings on this hotly-contested issue and what it means for nearly 85 million workers to no longer face a vax-or-test choice as omicron continues to impact the nation. Also this week: The FTC lands a win in its antitrust case against Facebook; the government’s $2 billion tax fraud case against a software CEO takes an intriguing turn when the indicted executive is accused of faking dementia; and a pair of LAPD officers who were fired for catching Pokemon instead of catching robbers.