One thing we have learned over the years about Elon Musk is that the tech billionaire likes to surround himself with people who have personality traits similar to his own: confidence, boldness, and a total lack of fear when it comes to mass communication. So it shouldn't be surprising that Musk, who famously has little patience for attorneys, is gravitating toward lawyers who possess these traits in abundance like Quinn Emanuel's Alex Spiro. However, Musk is also known to hold grudges, and that'...
Nov 01, 2022•17 min
The crypto world is known for, among other things, exotic legal structures and an extreme level of anonymity. But both of those attributes can make it a challenging place for plaintiffs' attorneys. The constitution requires plaintiffs to prove they've served their defendants with a notice of their lawsuit. Failure to do so properly can tank an otherwise promising case. But process serving is tricky when the only thing you know about the target of your lawsuit is a username on a decentralized cry...
Oct 25, 2022•14 min
Judge James Ho said his new policy of refusing to hire clerks who attended Yale University was about combating cancel culture. But it may also be a sign that the Trump appointee is angling for a promotion. Of course, since Ho is currently serving on the U.S. Court of Appeals for the Fifth Circuit, that means there's only one final rung to climb on the judicial career ladder: the Supreme Court. On this episode of our weekly legal news podcast, On The Merits, Bloomberg Law columnists Lydia Wheeler...
Oct 18, 2022•19 min
Since 2015, Jones Day has embraced Donald Trump more than any other firm within Big Law. Many of the firm's lawyers joined the administration in high profile positions across the government, helped pick candidates for federal judgeships and the Supreme Court, and some were even appointed as judges themselves. But with Trump now out of office and his reputation tarnished by the Jan. 6 riot, where does that leave the 129-year old legal industry behemoth? New York Times editor David Enrich has writ...
Oct 04, 2022•22 min
California Governor Gavin Newsom (D) signed into law earlier today a measure that requires all companies in his state include salary ranges in their job listings. While only a handful of states have enacted these so-called pay transparency laws, the tide is turning and general counsels should work to get in front of these laws now says Rob Chesnut, a former in-house counsel at eBay and Airbnb and new columnist for Bloomberg Law. That's because current employees may take legal action against the ...
Sep 27, 2022•17 min
Law firms have a gender equity problem. Data has shown that women struggle to reach the upper levels of the profession, and that those who do had to work harder than their male counterparts. For example, two thirds of female attorneys say they've been perceived as less committed to their careers, compared with just two percent of male attorneys, according to a 2019 ABA survey. The reasons why aren't a mystery: the pay gap, the "motherhood penalty," legacy origination, a dearth of male mentors, a...
Sep 21, 2022•31 min
Steven Dettelbach is the new head of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Earlier this year he squeaked through the Senate confirmation process by a 48-46 vote. The narrowness of his confirmation vote is a reflection of the challenges Dettelbach faces in leading the controversial agency in a polarized political environment. And despite a rise in gun violence in recent years, the ATF lacks the resources and manpower of other parts of the federal government. On this episode of ...
Sep 13, 2022•9 min
Dr. Anthony Fauci is leaving the National Institutes of Health, but he's been very clear that he's not retiring. The man who is arguably America's most famous physician announced in late August that his more than five decade career in government will be coming to an end. But, he says he will continue to work in the field of medical science—especially with the Covid-19 pandemic still lingering. On this episode of our weekly podcast, On The Merits, we feature an exclusive interview with Dr. Fauci ...
Sep 06, 2022•12 min
It's a near certainty that someone, somewhere will challenge President Biden's student loan forgiveness plan in court. What's uncertain is what will happen if Biden loses. As a legal justification for wiping out billions in student loans, the White House cited a post-9/11 law originally conceived as a way to help soldiers fighting in Iraq and Afghanistan. Some administrative law experts question the legality of using this law to forgive student loans during the ongoing Covid-19 pandemic. On toda...
Aug 30, 2022•13 min
The revolving door in Tesla's legal department is spinning as fast as ever. A few weeks ago, it appointed its seventh chief legal officer within just the past four years. Amid Tesla's many legal problems - from allegations of unfair labor practices to Tesla's auto-pilot issues - is the automaker's inability to hold onto a general counsel actually a problem? Or is this a non-issue for the electric car giant and its billionaire owner Elon Musk's ? On today's episode of our weekly legal news podcas...
Aug 23, 2022•14 min
It's been 10 years since the epic collapse of mega-law firm Dewey & LeBoeuf, and we've never heard from its former chairman, Steven Davis. Until now. Davis spoke at length with Andrew Satter and Josh Block, the directors of a new documentary, about how Dewey grew so big so fast—and why it fell so far. The documentary video on Davis and his firm comes out Aug. 3. But in this episode of our weekly legal news podcast, On The Merits, Satter and Block give a preview about why Davis chose to break...
Aug 02, 2022•21 min
In the wake of the Bernie Madoff scandal in the late 2000s, the SEC set up a program to reward whistleblowers who uncover fraud against investors. Since then, the program has paid out more than $1.3 billion. But who's receiving this money? And what information are they providing to the agency? And why is a huge chunk of the money going to whistleblowers represented by attorneys who used to work at the SEC? Bloomberg Law reporter John Holland recently published an investigative report looking at ...
Jul 26, 2022•22 min
For months now, both the legal and financial worlds have had their eyes glued to billionaire Elon Musk's theatrical attempt to purchase (or not) the social media giant Twitter. Musk is now trying to back out of the $44 billion deal, claiming Twitter refused to provide him with vital information. Twitter is trying to force Musk to follow through on the purchase by taking him to court in Delaware, where earlier today a judge set an expedited trial date for October. If this deal ultimately does go ...
Jul 19, 2022•16 min
The Supreme Court's landmark Dobbs v. Jackson Women’s Health Organization ruling last month was the end of Roe v. Wade, but the beginning of a whole new era of turmoil over reproductive rights in corporate America. For example, big corporations and law firms are weighing whether they should offer to pay for their employees to travel to receive an abortion. And if they do, how to respond if Republican lawmakers retaliate against them. Will some of these companies play both sides of the issue and ...
Jul 12, 2022•18 min
Last week Paul Clement, arguably the most experienced Supreme Court litigator ever, announced he was leaving Kirkland & Ellis, arguably the largest law firm ever. He cited "client loyalty" as his reason for packing his bags. Clement left after the mega-firm decided, in the wake of several mass shootings, that it would no longer work on gun rights issues. He said he disagreed with this decision and that attorneys have a "professional responsibility" to represent these clients. The move raised...
Jun 28, 2022•14 min
The actor Seth Green has reportedly paid a ransom for the return of his purloined NFT, and that's disappointing some intellectual property attorneys. For those not in the know: Green, who played Dr. Evil's son in the Austin Powers franchise, was planning to develop a TV show around an NFT he had purchased. But then a hacker stole the digital token from him. This raised all sorts of novel legal issues around whether Green still had the rights to exploit the IP. Riddhi Setty, an IP reporter with B...
Jun 14, 2022•12 min
As the pandemic started to ease, big law leaders worked to fine-tune their remote work policies. Should lawyers be in the office two days a week? Three? Quinn Emanuel had another idea—never. The Los Angeles-based firm, led by its iconoclastic founder, John Quinn, embraced a work-from-anywhere policy. Quinn says it wasn't without its challenges, but that he's glad his namesake firm made this move. At the very least, he says, he hopes it will spur disgruntled attorneys working at more inflexible f...
Jun 07, 2022•19 min
On this special weekend edition of On The Merits, Bloomberg Law reporter Alex Ruoff reads his story about terminally ill patients fighting the DEA for the right to use psychedelic drugs. Click here to read the story in print.
Jun 04, 2022•7 min
Former President Donald Trump should face criminal charges for his role in the Jan. 6 insurrection, according to one federal judge. In an expansive and unusual ruling earlier this spring, David O. Carter, a Clinton-appointed judge from the Central District of California, gave federal prosecutors a blueprint for how they could indict the former president. But don't expect an indictment anytime soon. Ex-prosecutors say that, even if the evidence is there, federal prosecutors must take other factor...
May 24, 2022•13 min
Crypto prices are plummeting, but Big Law isn't rushing for the exits. Far from it. Many of the country's biggest law firms have thrown themselves head first into the cryptocurrency world, with some even establishing specialized crypto practice groups. Bloomberg Law reporter Sam Skolnik says the reasons are clear: a confusing regulatory environment combined with crypto companies now flush with enough funds to be able to afford Big Law representation. On this episode of our weekly podcast, On The...
May 17, 2022•14 min
Dr. Anthony Fauci is a household name, but that doesn't mean he gets everything he wants from Congress. As the head of the National Institute of Allergy and Infectious Diseases, Dr. Fauci is heading to Capitol Hill to try to convince legislators to fund President Biden's $10 billion Covid-19 bill. Bloomberg Law health reporter Jeannie Baumann spoke to Dr. Fauci about what his agency needs the funding for, what will happen if it doesn't materialize, and whether we'll see a new viral variant in th...
May 10, 2022•12 min
We got a window into the inner workings of the usually secretive Supreme Court with a leaked draft opinion in a landmark abortion case. As surprising, even shocking, as this leak was, it could be the beginning of a new era at the court in which the justices' private deliberations are no longer sacrosanct and leaks become more common. On this special breaking news edition of On The Merits, Kimberly Robinson and Jordan Rubin, hosts of our Supreme Court podcast Cases and Controversies, talk about w...
May 03, 2022•14 min
When it comes to copyright law, stand-up comedy recordings have generally been treated differently than music recordings. At least, until now. The estates of Robin Williams and George Carlin are among several plaintiffs in a copyright infringement lawsuit against Pandora that centers on whether the streaming service has the proper license for their work. Spotify is also having similar disputes with comics, though out of court. On today's episode of our weekly legal news podcast, On The Merits, B...
Apr 26, 2022•15 min
This summer, the Supreme Court is expected to hand down a ruling in a case called Dobbs v. Jackson Women's Health Organization. It could significantly alter—or even eliminate altogether—Roe v. Wade and the legality of abortion in America. But rather than waiting to see what the justices do, many Republican-led states are moving to enact their own restrictive abortion laws. And some blue state legislatures are working to bolster abortion access. On today's episode of On The Merits, our weekly leg...
Apr 19, 2022•17 min
A bill is currently sitting on the desk of Gov. Tate Reeves (R) that would make his state, Mississippi, the 50th and final one to adopt a law mandating equal pay for men and women. However, not all women are celebrating. Women's rights advocates say the Mississippi law is watered down to the point of absurdity—for example, it allows employers to pay women less based on their prior salary or their "negotiating tactics." On today's weekly legal news podcast, On The Merits, we hear from Andrea John...
Apr 12, 2022•22 min
Some good news for ESG investors, and even better news for accountants: the Securities and Exchange Commission just unveiled a new proposal that would force public companies to disclose mountains of climate change information. The proposal goes far beyond requiring disclosure of the fossil fuels a company itself uses: It would also have companies report out the carbon footprint of their supply chains and even, in some cases, of the customers who use their products. On today's On The Merits, our ...
Mar 29, 2022•17 min
A Bloomberg Law analysis found that, within the tech industry, Apple uses outside law firms at a rate three times higher than its nearest rival. But which firms the iPhone maker uses may surprise you. On this episode of On The Merits, we hear from three Bloomberg Law reporters about why the Silicon Valley giant steers a large portion of its legal business toward two small-to-mid-size Southern law firms. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail a...
Mar 28, 2022•18 min
Judge Ketanji Brown Jackson spent a good portion of the first day of her Supreme Court nomination hearings in the U.S. Senate defending her work as a defense lawyer. Republicans on the Senate Judiciary Committee grilled the nominee about her time as a public defender, including her work defending prisoners held at Guantanamo Bay. Senators also targeted sentences she handed down to people convicted on child pornography charges when she was a judge on the U.S. District Court for the District of Co...
Mar 22, 2022•10 min
Law firms that do business in Ukraine or in Russia have had to make a series of rapid decisions over the past weeks that could have the highest of consequences. Maintaining relationships with Russian clients, aside from earning them public condemnation, could put law firms afoul of new sanctions imposed after Russia's invasion of its neighbor last month. But dropping clients could also subject their Russian staffers to state-sanctioned retaliation. And this is to say nothing of the firms that ha...
Mar 08, 2022•16 min
In this special bonus episode, listen to Bloomberg Law reporter Ayanna Alexander read her story about women who reject the partner track at big law firms.
Mar 05, 2022•7 min
