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 forwa...
Mar 25, 2022•40 min•Ep. 241
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 e...
Mar 18, 2022•33 min•Ep. 240
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 cour...
Mar 12, 2022•32 min•Ep. 239
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 ...
Mar 05, 2022•42 min•Ep. 238
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 creat...
Feb 26, 2022•34 min•Ep. 237
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 Grish...
Feb 18, 2022•35 min•Ep. 236
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 releas...
Feb 11, 2022•32 min•Ep. 235
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 form...
Feb 04, 2022•35 min•Ep. 234
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 ...
Jan 29, 2022•36 min•Ep. 233
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 indus...
Jan 22, 2022•39 min•Ep. 232
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...
Jan 14, 2022•37 min•Ep. 231
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 Texa...
Jan 08, 2022•43 min•Ep. 230
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 decad...
Dec 29, 2021•20 min
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...
Dec 28, 2021•30 min
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 histo...
Dec 23, 2021•36 min•Ep. 229
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 f...
Dec 17, 2021•45 min•Ep. 228
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 $1...
Dec 11, 2021•44 min•Ep. 227
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 ...
Dec 04, 2021•38 min•Ep. 226
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 j...
Nov 20, 2021•40 min•Ep. 225
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 e...
Nov 13, 2021•30 min•Ep. 224
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 ...
Nov 05, 2021•46 min•Ep. 223
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 Ne...
Oct 29, 2021•44 min•Ep. 222
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 indict...
Oct 22, 2021•35 min
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. A...
Oct 15, 2021•46 min
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...
Oct 08, 2021•46 min
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 r...
Oct 01, 2021•48 min
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 engagem...
Sep 24, 2021•39 min
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 ...
Sep 17, 2021•37 min
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 m...
Sep 14, 2021•57 min
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 ...
Sep 10, 2021•32 min
