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

Joe Biden’s decision to select Merrick Garland as the next attorney general was quickly overshadowed by an unprecedented attack on the U.S. Capitol by Trump supporters looking to upend the election. In accepting the nomination, Garland himself pointed to the insurrection as evidence of the need for strong rule of law, and vowed to reposition the Justice Department as an apolitical entity in the wake of the Trump era. Law360’s Jimmy Hoover joins us this week to talk about the Garland nomination, the D.C. Circuit judge’s experience as a prosecutor, and how he will manage an agency many believe to be in crisis. Also this week, we discuss a “bizarre” case surrounding New York’s COVID-19 restrictions on live music performances. Finally, the gang introduces you to two more attorneys who have become citizens of Bachelor Nation.

Let’s be honest: the year 2020 felt like it lasted a decade. A global pandemic turned life upside down in the spring, a battle against racial injustice broke out over the summer, and a contentious election closed out the fall. In our final episode of the year, the Pro Say podcast is going to walk you through how each of these stories affected the legal world, from courtroom closures and shirtless Zoom attorneys, to arrested BigLaw associates and calls for an end to qualified immunity, to a new Supreme Court justice and a deluge of questionable election litigation.

At the onset of the pandemic, the Federal Communications Commission pushed hundreds of internet providers to pledge against disconnecting or penalizing customers who struggled to pay their bills. But a Law360 investigation revealed that the pledge wasn’t as effective as the FCC has claimed. We’re joined this week by senior telecommunications reporter Kelcee Griffis, who combed through thousands of FCC records to reveal the shortcomings of the companies’ promises. Also this week, state and federal officials join up for a sweeping antitrust blitzkrieg against Facebook; and an Arizona resort fails to recoup its COVID-19 losses by claiming that the virus should be considered “pollution.” Finally, Bill and Alex ponder the curious appeal -- and alleged financial misdeeds -- of The Cheesecake Factory.

Pharma companies have developed COVID-19 vaccines at record-breaking speed, utilizing never-before-used genetic technologies. Will these companies secure patents on those new technologies? And how will that impact the distribution of a pandemic-stopping shot? Joining us to answer those questions is Dani Kass, Law360’s senior patent reporter. Also this week: A Supreme Court case over corporate liability for overseas child slavery spawns a familiar debate over the personal responsibility attorneys bear for the arguments they make on behalf of clients; and New York City man sues after he fell through a hole in the sidewalk into a RAT PIT.

The Thanksgiving holiday might look a little different this year, but one thing that remains the same is our annual break for a special episode looking back at our favorite offbeat stories of the year. We revisit an attorney whose Second Circuit argument went sideways; a Kentucky state judge accused of having a threesome in the courthouse; a real-life request for trial by combat in family court; a former major league pitcher who confronted a naked man on LSD in his front yard; and a look at some of the best Yelp reviews of the Supreme Court cafeteria.

Amid skyrocketing numbers of COVID-19 infections, a jury trial in Texas ended in a mistrial this week after at least 15 participants tested positive for the illness. On this week’s show, we’re breaking down the ill-fated trial in Texas, plus the slew of other courts that are shutting down during the third wave of the pandemic. Also this week: the law firm Sanford Heisler is best known for filing discrimination cases against BigLaw giants, but the firm is now facing allegations of bias from its own employees. We’re joined by Law360 reporter Anna Sanders, who broke the Sanford story. And finally, a federal court ruling that says the Trump administration cannot cite the pandemic as a reason to expel migrant children.

President Trump has filed a slew of lawsuits aimed at challenging his election loss to President-elect Joe Biden, but the cases are supported by little evidence and don’t contest enough votes to change the outcome. This week, we’re going through those questionable lawsuits one by one, as well as the public relations backlash brewing for law firms like Jones Day that represent the president. Also this week, an audio-breakdown of the hotly-anticipated Supreme Court arguments over the fate of Obamacare.

All eyes have been on the presidential vote count, but a lot more was put to voters in the 2020 election. This week, we break down some key ballot measures including a win for gig economy companies in California, the spread of cannabis legalization, and more. We’ll also discuss a ruling in New York that puts an end to Amazon workers’ calls for more COVID protections from the retail giant; a legal malpractice lawsuit against Seyfarth Shaw; and a new, not so catchy jingle from the famed injury attorney Ross Cellino.

The confirmation of Amy Coney Barrett to the U.S. Supreme Court just days before an election has sparked calls from Democrats for serious changes to the high court. What might those reforms look like? Is it fair to call them “court packing?” On this week’s show, Law360’s Supreme Court reporter Jimmy Hoover joins us to break it all down, from the contentious backstory to a range of possible proposals. Also on this week’s show: A federal judge says government lawyers can’t represent President Trump in a private defamation suit; a North Carolina judge issues a first-ever ruling on how business insurance covers COVID-19; and the bizarre story of a BigLaw attorney who allegedly went on a bank robbery spree in Florida.

The U.S. Department of Justice filed a sweeping antitrust lawsuit against Google this week, accusing the tech giant of maintaining an illegal monopoly over internet search and online advertising. The case came amid a broader reckoning with the power of Big Tech, and it evoked historical comparisons to the famous Microsoft case of the late 1990s. Joining us to breakdown all these issues and more is Matt Perlman, Law360’s senior reporter on the competition beat. Also this week: A slew of major rulings on pandemic-era voting rules; and a multi-billion dollar fine against one of the key drivers of the opioid epidemic.

A New York judge named Mark Grisanti is under fire after body camera footage obtained by Law360 showed him shoving a police officer and invoking his powerful connections following a shirtless brawl with neighbors. With Grisanti never charged with a crime, the video has sparked a broader conversation about whether Grisanti’s race and job led to lenient treatment. On this week’s show we’re breaking down the whole story, plus: A drugmaker racing for a COVID-19 vaccine vows not to sue for patent infringement; BigLaw giant Sidley Austin agrees to diversity its summer associates after a federal probe; and The Bachelorette returns with a new crop of lawyer-contestants.

Supreme Court nominee Amy Coney Barrett heads to Capitol Hill next week for confirmation hearings that figure to touch on hot-button points like abortion, healthcare and gun rights. Adding even more intrigue are the COVID-19 cluster that has ensnared two key Republican senators and the fast-tracking of Barrett’s nomination ahead of the November election. Joining us to break down the confirmation saga from every angle is Andrew Kragie, Law360’s congressional reporter. Also this week, Justice Clarence Thomas took aim the high court’s landmark gay marriage ruling; the justices heard Google and Oracle's high-stakes battle over smartphone copyrights; and a crucial update on the cultural refinement of the opinions issued by the U.S. Court of International Trade.

A growing number of courts are sending those accused of drug offenses and nonviolent crimes to addiction treatment rather than jail, but some residents are now claiming that the only treatment being offered at those facilities is forced, unpaid labor at for-profit businesses. Joining us to discuss this little-known side of the justice system is Jack Karp, who wrote a deep-dive about the practice and the growing litigation challenging it. Also this week: A ruling blocking President Trump’s TikTok ban; criminal charges over a deadly COVID-19 outbreak at a nursing home; and some scathing reviews of the lunch cafeteria at the U.S. Supreme Court.

President Trump has nominated Amy Coney Barrett to fill the seat on the U.S. Supreme Court left vacant by the late Justice Ruth Bader Ginsburg, setting the stage for a contentious battle over the future of the high court. To get you up to speed, this week on the Pro Say podcast we’re catching you up on everything you need to know about Amy Coney Barrett.

Justice Ruth Bader Ginsburg is among the few on the Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Pro Say sister podcast The Term took a look back at her legacy as a pioneering women's rights advocate with two guests who worked by her side. We’re going to share that episode with you today. A programming note: President Trump has said he’ll name Justice Ginsburg’s replacement as soon as this weekend, so we will be publishing our next episode of Pro Say following that announcement with what you need to know about the nominee.

A federal appeals court ruled last week that Florida can require former felons to pay all outstanding fines and fees before gaining the right to vote, overturning a judge who said the requirement was an unconstitutional “pay to vote” system that would bar nearly a million people from the ballot box. This week we’re breaking it all down, including the backstory, the ruling itself, and a scathing dissent. Also this week: a Ninth Circuit ruling that could clear the way for the Trump administration to potentially deport almost 400,000 people; a former King & Spalding lawyer who is now battling both his ex-firm and his current attorneys; and Chuck E. Cheese makes an unusual play in its ongoing federal bankruptcy.

The National Football League kicked off its season this week, but there was never an offseason for football-related litigation. On this week’s episode, we’re catching you up on all the biggest cases you might have missed — from stadium tax credits to Terrible Towel trademarks to false advertising during the Super Bowl. Also this week, we dig into a legal battle between Whole Foods and its workers over Black Lives Matter face masks; a backlash over a Big Pharma opioid settlement centered on a huge donation of addiction-fighting drugs; and the critical film analysis of Netflix’s latest legal rom-com.

Pandemic-weary employers are hoping that a COVID-19 vaccine will make their workplaces safer, but forcing workers to get a shot is a legal minefield. On this week’s episode, Law360 employment law guru Vin Gurrieri walks us through a range of legal and practical problems with mandatory inoculation, as well as what history can teach us. Also this week, an appeals court strikes down the massive government data collection system exposed by Edward Snowden; Michael Avenatti gets slapped down after accusing Jeffrey Toobin of defamation; and a federal judge calls “poppycock” on a legal argument.

As the COVID-19 pandemic has forced millions of working parents to care for homebound children, employers are struggling to understand new legal obligations designed to give employees more flexibility. This week, with a remote school year looming, we’re breaking down that complex legal landscape, as well as the steps taken by some law firms to support their working parents. Also this week, a 33-year-old Jones Day associate is nominated to the federal bench; Fortnite hits a snag in its app-store antitrust battle with Apple and Google; and a new Netflix movie documenting a one-of-a-kind Wu-Tang album and the infamous pharma bro who bought it.

Today we’re talking about one of the legal world’s most fascinating professions: the courtroom sketch artist. Relying on hand-drawn pictures to digest news events may seem quaint in the information age, but so long as television access to court proceedings remains limited, sketch artists will continue to play an important role. We talked with veteran courtroom artist Art Lien, who has documented cases at the U.S. Supreme Court and numerous other venues for decades, about his big break in the profession, his creative process, cameras in the courtroom, and much more. Also this week, former Trump adviser Steve Bannon gets collared for allegedly scamming donors out of millions intended for a privately funded border wall, and a California court grapples with the unique headaches of trials conducted over Zoom.