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

This week a federal jury convicted former Theranos CEO Elizabeth Holmes of defrauding investors, but cleared her of charges that she deceived patients with blood-testing technology she knew didn’t work. We’re joined by Law360 reporter Dorothy Atkins who covered the lengthy trial to walk us through which side was the big winner in the case, what it means for another Theranos executive who is still facing charges, and how the verdict may change the behavior of tech startups. Also this week: A Texas appellate court overturns a verdict after Zoom glitches taint a trial; the D.C. Circuit gives new life to a lawsuit that accuses pharma giants of financing terrorism; and we discuss some recent overlaps between reality TV and the law.

Tom Girardi allegedly grifted clients for years and got away with it. How could that happen, and who should have stopped him? On part two of our series exploring the downfall of Tom Girardi, Law360 reporter Brandon Lowrey shares the findings of his extensive investigation into the flaws in the system meant to hold attorney accountable. What he found were legal, structural and cultural flaws - particularly at the State Bar of California - that allowed Girardi to escape public punishment for decades. Regular episodes of Pro Say will resume next week.

The Pro Say podcast is taking a break this week for the holiday. In its place, please enjoy Law360 Explores: The Fall Of Tom Girardi, a two-part series investigating how the life and career of one of America's most successful plaintiff's attorneys unraveled after he was accused of stealing money from clients. In part one of our series, we explain how Tom amassed wealth and influence in California legal circles by racking up huge wins in court and throwing lavish parties for his friends, all with a reality television celebrity wife on his arm. But attorneys who knew him and clients who trusted him say that shiny exterior hid a darker truth.

We dedicate this show to the Pro Say Family Christmas. Drum roll please? It’s our annual Best Of The Offbeats episode looking back on our favorite weird legal news of the year! We’re checking back on the Morrison & Foerster attorney who spent $400,000 of the firm’s money on products like “butt-enhancing trunks;” the West Virginia woman who faked her own death with the help of her husband; a Covid-19 eviction ban argument centered on the oft-forgotten Third Amendment; and finally, a Pro Say history lesson on the evolution of the lawyer joke. Yes, we worked really hard this year. But of course, so do washing machines. Happy holidays everyone!

2021 has been a journey. The world continued to grapple with a global pandemic, and while vaccines gave the promise of light at the end of a dark tunnel, they also brought a fresh set of challenges for the legal community to sort through. Meanwhile, the 2020 battle over race and policing shifted into the courtroom this year, where justice for George Floyd’s murder was sought and won. On this week’s episode of Pro Say, we look back on the legal stories and trends that defined the year, from the flurry of lawsuits over President Biden’s vaccine mandates, to some blockbuster courtroom showdowns that proceeded in person this year.

The U.S. Supreme Court heard oral arguments this week in a case involving two Arizona death row inmates that could redefine how claims of ineffective trial counsel in state courts are heard at the federal level. On this week’s episode, Law360 Pulse reporter Marco Poggio joins us to explain how the argument played out, and why an eventual ruling could have life-or-death consequences for many who argue they didn’t get a fair trial. Also this week: The alleged inventor of Bitcoin gets hit with a $100 million jury verdict in Florida; a novel criminal indictment of a Massachusetts state judge leaves the First Circuit scratching their heads; and finally, a Georgia judge offers an early Christmas present to parents by banning Elf on the Shelf.

The closely watched legal fight between King & Spalding LLP and one of its former associates wound to a close this week as a New York federal jury rejected the attorney’s claims that he was fired for flagging ethical transgressions by firm leaders. It was a contentious and at times colorful trial, with the former BigLaw attorney running into a number of difficulties as he represented himself pro se against his former bosses. Pete Brush joins the show this week to break down the trial. Also this week, New Jersey court staff ask for a psychiatric evaluation of a state judge suing them over a hostile work environment and lawyers for Madison Square Garden call for sanctions against attorneys for former New York Knick Charles Oakley. Finally, a former Temple business school dean is rung up on criminal charges for inflating the school’s ranking in U.S. News & World Report. 

The U.S. military has a terrible track record of mishandling sexual assault cases. Some lawmakers are pushing for an overhaul of the military justice system that would alter the way cases are investigated, charges are filed, and juries are seated. This week we welcome Law360 reporter Sarah Martinson to the show to explain what changes could improve military justice. Also this week: we break down what to watch in an ongoing trial between King & Spalding and a fired ex-associate; a Florida state judge accuses a local attorney of blackmailing her with the release of nude photographs as part of a protracted custody battle; and the story of a Pennsylvania attorney who took of his pants in the courthouse rotunda.

How do you eliminate systemic racism in the legal system? This year, 12 law students from Historically Black Colleges and Universities took part in a Lexis fellowship aimed at tackling that very big question. Three of the fellows join Pro Say this week to talk about projects they worked on, with ideas ranging from a new way for law school admissions officers to evaluate candidates, to a safe space for minority attorneys to voice concerns, to a corporate-backed bail fund to address inequalities exacerbated by the cash-bail system.

The U.S. Department of Labor on Thursday delivered the much-anticipated details of President Joe Biden’s order that large private businesses require employees to either be vaccinated against COVID-19 or submit to weekly tests. So what does it mean if you’re a business owner or a worker, and will the rule survive the likely deluge of legal challenges? Law360 Employment Authority editor-at-large Vin Gurrieri joins us this week to unpack all the devilish little details. Also this week: A breach of contract trial involving a perfume company and Jay-Z gets testy after the hip-hop icon takes the stand; the Justice Department attempts to block two publishing giants from merging; and finally, a definitive ranking of the best legal characters so far in HBO’s hit drama series “Succession.”

Over the past month, workers across the country have been going on strike, prompting some industry watchers to dub the uptick in labor actions “Striketober.” But what’s causing large groups of workers in industries as varied as film production, manufacturing and healthcare to all take collective action? On this week’s episode, Law360 Employment Authority senior reporter Tim Ryan joins us to explain the trend. Also this week, Pro Say guest host Emma Whitford breaks down her latest reporting on New York’s pandemic-era protections against evictions and foreclosures, and Alex unpacks a historic whistleblower award from the CFTC. Finally, we end with lawyers for Atari who had their mellow harshed when a judge forbade them from playing video games during an IP trial.

Cryptocurrency inched closer toward the mainstream this week when the first-ever exchange-traded fund linked to bitcoin was launched, opening up the world of crypto investing to essentially anyone with a brokerage account. So what does it mean now that everyone can bet on the hotly debated currency, and how are regulators working to make digital money safe for the masses? Law360 senior fintech reporter Elise Hansen joins the show to break it all down. Also this week the Justice Department indicts a former Boeing employee for duping federal safety regulators related to 737 Max jets; a New York judicial report rebukes Arnold & Porter attorneys for discovery abuse in opioid litigation; and another pharma company regrets making parody videos.

The first jury trial stemming from the Varsity Blues admissions scandal ended last week with a guilty verdict. It was a big win for prosecutors who relied heavily on exchanges the parents had with the mastermind of the scheme Rick Singer, without ever calling the man himself to testify. Law360’s Boston courts reporter Chris Villani joins the show this week to explain how the strategy paid off, avenues of appeal that remain for the defendants, and what the victory means for the remaining cases. Also this week: A turf war between state and federal employment regulators pursuing claims against a gaming company accused of fostering a toxic workplace; a Pennsylvania attorney who escaped disbarment after forging a judge’s signature; and the latest from our favorite movie-quoting judge from the Court of International Trade.

A Trump-era program aimed at rooting out Chinese economic espionage has come under fire, with critics arguing that the initiative has stirred up a toxic mix of racial profiling and prosecutorial overreach. Law360 senior reporter Jack Queen joins the show this week to talk about the China Initiative and its encroachment into the academic and scientific communities. Also this week, Tesla is hit with a $137 million verdict in a racial discrimination case, and the Supreme Court declines to review an IRS summons with big implications for attorney-client privilege. Finally, a creative insurance claim seeks payment from GEICO over an STD contracted in a car covered by the company.

A new Supreme Court term is upon us, with the justices set to tackle a slew of lightning rod cases in the coming months. Law360 reporter and The Term co-host Jimmy Hoover joins the show this week to preview all the big cases at the high court, headlined by a direct challenge to Roe v. Wade and the court’s first major gun rights case in over a decade. Also this week, New York’s state court system expels hundreds of employees for failing to comply with its vaccine mandate and the Federal Circuit raps a Texas judge over his tight grasp on patent litigation. Finally, we ring in spooky season with the haunting tale of a Texas attorney whose Michael Myers costume summoned the dark forces of the local police.

Endo Pharmaceuticals and its attorneys at Arnold & Porter are facing accusations of serious discovery misconduct during opioid litigation across the country, threatening the company with huge liability and the lawyers with reputational damage. On this week’s show, we break down the growing debacle, plus: Cancer patients accuse J&J of planning an untested “Texas Two Step” to avoid huge liability over baby powder; Twitter pays more than $800 million to settle claims that it lied about user engagement; and the Pro Say hosts ugly cry on air as Bill says goodbye in his final episode.

President Joe Biden ordered sweeping new vaccine requirements last week in an effort to halt the spread of COVID-19’s delta variant, potentially impacting as many as 100 million American employees in both the public and private sectors. On this week’s episode, senior employment reporter Vin Gurrieri walks us through the mandate and how it will impact the workplace. Also this week, we talk through some of the top line statistics and takeaways from Law360’s annual Glass Ceiling report on women in the law; a vexing libel lawsuit brought by Representative Devin Nunes that found new life this week; and finally a look back at our recent Pro Say Movie Club series and some of our favorite moments.

On the final installment of the Pro Say Movie Club, we travel to the city of brotherly love for the heart-wrenching story of a lawyer fired for having AIDS. In “Philadelphia” Tom Hanks plays Andrew Beckett, a rising star chosen to lead one of his firm’s biggest cases. But one of the partners notices a lesion on his forehead, a file goes missing, and he’s fired. Beckett teams up with the only lawyer who will take his case, played by Denzel Washington. We discuss the true story that inspired the movie, the monologues that would be highly unusual in an actual courtroom, and the lasting impact of one of the first major films to tackle the AIDS crisis.

The financial industry braced for a surge in bankruptcies in 2021 amid the ongoing COVID-19 pandemic, but instead the number of new filings actually dropped by a third. Law360 senior bankruptcy reporter Vince Sullivan joins the show this week to explain the “eerie” restructuring silence, what caused it, and why experts don’t expect it to last. Also this week, a federal judge decides that robots cannot be “inventors” for the purpose of obtaining a patent; a Texas appeals court overturns a ruling that a local hospital must treat COVID-19 patients with Ivermectin; and a federal judge orders BigLaw partners to spare their associates over holidays.

The Pro Say Movie Club makes its maiden voyage into the world of John Grisham with a discussion of A Time To Kill, the 1996 adaptation directed by Joel Schumacher and starring just about every famous actor from the 90s. It’s the story of Mississippi litigator Jake Brigance and his defense of Carl Lee Hailey, a black man who took the lives of two white men to avenge a brutal assault on his daughter. This week’s show dives into the movie’s sprawling and somewhat chaotic structure; venue and bail fights; the perils of testifying in your own murder trial; iconic courtroom outbursts; and so much more.