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

Amazon was hit with an antitrust lawsuit from Washington DC’s attorney general this week, accusing the tech giant of crushing competition and driving up prices. On this week’s show, Alex and Bill break down the new lawsuit and how it compares to recent similar cases against Google and Facebook. Also this week: A prominent plaintiffs firm is scolded for “fraud” and booted from a securities class action related to the FIFA bribery scandal, and a Trump-era ambassador sues over a verbal promise from Mike Pompeo to pay his legal bills.

An elected North Carolina district attorney was recently forced out of office via an obscure state law. Some say this was an instance of the law holding a DA accountable for ethical breaches, but others fear the state law could be used to punish DAs for unpopular decisions. On this week’s episode of Pro Say we welcome Law360 ethics expert Andrew Strickler to unpack this unusual ouster. Also this week: The Supreme Court takes up a bombshell abortion rights case with the potential to undo Roe v. Wade; lawsuits stemming from the GameStop trading saga from earlier this year get bundled into multidistrict litigation; and a former MLB pitcher claims that the Houston Astros’ cheating scandal cost him more than his career -- his trade secrets were also stolen.

Just a week into her tenure as a high-ranking SEC official, former BigLaw partner Alex Oh abruptly resigned in April — with little indication as to why. Now, the former Paul Weiss attorney has been sanctioned over a tense deposition in a human rights case against Exxon. On this week’s episode, Law360 senior securities reporter Deal Seal joins the show to unpack this messy situation. Also this week: A Texas bankruptcy judge dismisses the NRA’s bankruptcy case on account of bad faith; New Jersey sets strict guidelines on attorney accolades like Super Lawyers; and a Michigan man shows up for Zoom court with an unfortunate (and hilarious) screen name.

Covid-19 vaccines have hit the market, but there remains a huge discrepancy in access to the life-saving treatments between rich and poor countries. This week, the Biden administration endorsed a suspension of global intellectual property rules that advocates say will help worldwide vaccine distribution, teeing up a closely watched clash with the pharmaceutical industry. Law360’s Ryan Davis joins the show this week to break down this high-stakes collision of trade law, IP rights and public health. Also this week, a D.C. judge strikes down a federal eviction ban sparked by the pandemic, and the U.S. Tax Court puts a dollar figure to the complicated public image of Michael Jackson. Finally, the attorney who got tossed out of the Second Circuit for “discourteous” behavior gets a formal rebuke.

After years of denying responsibility for the opioid crisis, major drugmakers are trying out a bolder defense in a trial that just kicked off in California: downplaying the severity of the crisis itself. This week, we’re breaking down the big trial and this new strategy, plus: Accusations that Bayer is running a “pay-to-appeal scheme” to help beat cancer litigation about Roundup weedkiller; A crash of a self-driving Tesla highlights legal uncertainty over who should be held liable for automated car wrecks; and a Morrison & Foerster staffer pleads guilty to spending more than $400,000 of firm money on personal products like “butt-enhancing trunks.”

Former Minneapolis police officer Derek Chauvin was found guilty Tuesday for the murder of George Floyd, following a weeks-long trial that captured the world’s attention. Law360’s senior trials reporter Cara Bayles was there every step of the way, and she joins us this week to break it all down — the big takeaways, the key moments, and what the verdict might mean for future police brutality cases. Also this week: A messy story about a BigLaw attorney in hot water over lies to a federal judge; a look back at Bernie Madoff’s massive fraud in light of his recent death; and a victory for MLB umpire Joe West in a defamation lawsuit against a former player who falsely accused him of accepting a bribe.

A landmark union push at an Amazon warehouse in Alabama ended in defeat Friday as workers decisively opted against organizing. While the outcome is a setback for organized labor, it may not be the end of the story. This week, we’re joined by Law360’s Braden Campbell to discuss the closely watched vote and the union’s looming effort to challenge the results. Also this week, a parent charged in the Varsity Blues college admissions scandal sues Netflix over his depiction in a documentary about the case; federal regulators start cracking down on Wall Street’s booming market for so-called blank check companies known as SPACs; and finally, Amber regails the boys with a story from her hometown about a man who would do anything for his wife, even if it meant pretend-killing her to escape fraud charges.

For more than a decade, Google and Oracle have been duking it out over the extent to which individual companies can control an important building-block component of computer software code -- with Google potentially on the hook for billions of dollars in damages and the future of the technology industry seemingly at stake. On Monday, we finally got an answer from the Supreme Court, which avoided a critical copyright question but found that Google had made fair-use out of Oracle’s software code. Our own Bill Donahue has been tracking this case for years, and breaks down what the ruling means on this week’s Pro Say. Also this week, Amber catches us up on a pair of insurance coverage and tuition reimbursement suits stemming from COVID; and “Trade Law with A-Law” makes a triumphant return as Alex breaks down how courts have tackled the Trump administration’s national security tariffs.

The fierce debate over the NCAA’s restrictions on paying college athletes reached the Supreme Court this week, with justices from across the ideological spectrum openly criticizing the current structure of college sports. On this week’s Pro Say, we break down the case and the tough questions lobbed by the justices. Also this week, the high court relaxes rules aimed at limiting media consolidation and a New York attorney’s refusal to wear a mask results in his case getting tossed. Finally, the gang commemorates Opening Day with a lawsuit from a former MLB pitcher claiming that the Houston Astros’ bombshell cheating scandal cost him his career.

BigLaw attorneys teamed up with the ACLU this month to win major changes to how Maryland grants parole to prisoners serving life sentences for crimes they committed as children. We’re joined this week by Law360 reporter Justin Wise to break it all down, including the details of the case, its potential impact, and how white-shoe law firms work with non-profit activists. Also this week: A former personal lawyer to President Trump fights defamation accusations by arguing that nobody should have taken her claims of voting fraud as factual; and a New Jersey legal ethics board weighs in on the perils of attorney “reply all” emails with clients.

The Southern District of New York was rocked last year by a scandal involving the mishandling of crucial evidence by federal prosecutors who then repeatedly misled the court about the incident. The saga was laid bare in recently unsealed court documents, and Law360 senior reporter Jack Queen joins us this week to talk about the scandal and what it means for the nation’s premiere U.S. attorney’s office. Also this week: A former congresswoman’s “revenge porn” suit faces tough sledding in California, and Google stays embroiled in a legal fight over the limits of its incognito browsing mode. Plus: The NCAA picks a fight over its March Madness trademark, squaring off against...a vasectomy clinic?

Jury selection began this week in the murder trial of Derek Chauvin, a Minneapolis police officer whose videotaped killing of George Floyd sparked nationwide protests over police brutality and a broader reckoning with racism. Law360 reporter Cara Bayles, who is covering the trial, joins us this week to give us an inside peek at the key players, jury selection and the legal questions at play in the closely-watched case. Also this week: Ugly accusations of racial bias related to the NFL concussion settlement, and criminal charges over cryptocurrency against antivirus pioneer John McAfee.

Americans can see light at the end of the tunnel from the COVID-19 pandemic, but litigation stemming from the virus is just ramping up. On this week’s Pro Say, we talk you through the latest coronavirus court battles, from a class action filed by Walmart employees over virus screening to a dispute over courtroom access to a constitutional battle over eviction moratoriums. Also this week, a former Boies Schiller attorney gets quickly booted from his new firm, and one of the largest patent infringement verdicts in history lands in Texas.

As hard seltzers like White Claw continue to boom in popularity, two beer giants are now duking it out in federal court over the legality of a Corona-branded seltzer. This week we’re breaking down the case, hitting on intellectual property, mergers & acquisitions, antitrust, and our love of seltzer. Also this week: We’re joined by Law360 Supreme Court reporter Jimmy Hoover to explain a flurry of activity at the high court; a former BigLaw partner avoids disbarment over the Varsity Blues scandal; and a Utah theme park learns the hard way not to start bad blood with Taylor Swift.

In August, Citibank accidentally paid $900 million to creditors of cosmetics giant Revlon, which a federal judge called "one of the biggest blunders in banking history.” Rubbing salt in the wound, the judge also ruled this week that the bank cannot reclaim the bulk of the erroneous payment. This week, the gang breaks down Citi’s embarrassing misstep and its unsuccessful bid to undo it in federal court. Also this week: Jones Day gets hit by a sweeping data breach that has much of BigLaw on guard; and Peloton muscles up against what it says is a “baseless” campaign to assert a trademark dominion over the term “spinning.” Finally, Zoom court misadventures continue to percolate as a California judge raps an attorney for not wearing a tie.

Time briefly stood still this week as the Internet became transfixed by the plight of Texas attorney Rod Ponton, whose face was trapped behind an expressive and panicked cat filter during a court hearing on Zoom. Mere hours later, the light-hearted mishap turned into a parable of contemporary online celebrity as allegations of serious prosecutorial misconduct surfaced against Ponton. This week’s show breaks down the video, its weighty aftermath, and the nature of fleeting digital fame. Also this week: Whole Foods prevails in a discrimination suit over its discipling of workers for wearing Black Lives Matter face masks, an insurer is accused of colluding to block COVID-19 business loss coverage, and advocacy groups sue an L.A. judge for requiring in-person hearings amid the pandemic.

News broke this week that a former New York Mets manager had been accused of repeated sexual misconduct, marking the second time in as many weeks that the team pled ignorance about hiring an alleged harasser. On this week’s show, we’re chatting with Law360 employment beat reporter Amanda Ottaway about how companies can avoid hiring past abusers. Also this week: the latest legal and regulatory fallout from the GameStop stock debacle; an appeals court’s rebuke of a federal judge who exhibited bias in a discrimination case; and a questionable trademark lawsuit against Taylor Swift by a theme park called Evermore.

The whole country is in a tizzy over GameStop — a floundering video game retailer whose stock went through the roof this week because an internet mob wanted to stick it to hedge funds. On this week’s show, we’re breaking it all down: The absurd backstory, the lawsuits that have already been filed, and the possibility of new financial regulations to come. In other news, Law360 reporter Jack Karp joins us to discuss how judges and courthouse workers have struggled to get access to vaccines. Also this week: The notable absence of Chief Justice John Roberts at the second impeachment trial of Donald Trump; and a court filing that would have the United States governed by the rules set out in the Lord of the Rings’ mythology.

Within hours of taking the oath of office on Wednesday, President Joe Biden signed a string of executive actions, ranging from the COVID-19 pandemic to climate change. On this week’s episode of Pro Say, we’re breaking them all down, before taking a deep dive into how the new administration will impact three key practice areas: environmental law, immigration law, and antitrust law. Finally, we conclude with a Pro Say history lesson on the evolution of the lawyer joke.

A week after a mob stormed the U.S. Capitol, we’re talking about the consequences that are rapidly unfolding. Dozens of rioters have been charged with federal crimes, BigLaw powerhouses are urging the removal of the President, and tech giants are in court over efforts to fight the misinformation that fueled the attack. Also this week: We sit down with Law360 employment law whiz Anne Cullen to chat about a little-known statute that’s suddenly at play after COVID-fueled mass layoffs; and the election software company Dominion files a high-profile defamation lawsuit against a conservative lawyer who has made “wild” accusations about the 2020 election.