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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast 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•Transcript available on Metacast From a dawn raid by the FBI to a shocking reveal about Sean Hannity, the past two weeks have seen a lot of news about Michael Cohen, President Trump’s longtime personal lawyer. To get you caught up, we're digging into the saga: A recap of all the major events, a look at attorney-client privilege, and a dive into Cohen's connection to a major BigLaw firm. Also this week, a Supreme Court case that could have a huge impact on how online retailers like Amazon pay sales tax; and a case that could tur...
Apr 21, 2018•33 min•Transcript available on Metacast Whether it's Russian meddling, the Equifax breach or Facebook's user-data scandal, every day seems to bring a new cyber security crisis. What can Washington do to address these threats? What about private businesses? This week we’re joined by a guest who knows the cyberthreat landscape well, Secretary Jeh Johnson, who led the Department of Homeland Security during the Obama administration. Also this week, we talk about a Ninth Circuit ruling that says employers can’t rely on salary history to ju...
Apr 14, 2018•34 min•Transcript available on Metacast On the heels of the billion dollar March Madness tournament, we’re taking up a big question this week: Should college athletes be paid? Senior sports reporter Zach Zagger comes on the show to talk about a major case headed to trial that may squarely answer that question. Also this week, we talk about a Supreme Court ruling on overtime pay; a judge saying courts improperly used the fees from PACER; and an Iowa man who was threatened with lawsuits when he said his town smelled like “rancid dog foo...
Apr 09, 2018•29 min•Transcript available on Metacast BigLaw firm Munger Tolles found itself in hot water this week after word leaked that it was forcing summer associates to sign mandatory arbitration agreements that would keep harassment lawsuits out of court. Munger quickly dropped the agreements, and two more major firms soon did the same. Will more follow? Was this BigLaw’s first #MeToo moment? Senior reporter Natalie Rodriguez joins us to discuss. Also this week, we talk about Oracle’s billion-dollar copyright case against Google; associates ...
Apr 02, 2018•30 min•Transcript available on Metacast Latham & Watkins, one of the most prestigious law firms in the world, saw chairman Bill Voge resign this week after revelations that he’d engaged in a pattern of reckless behavior. But how did the saga unfold, and how did it become public? This week we’re joined by senior reporter Sam Reisman, who broke the Voge story with his exclusive reporting. Also this week, we discuss a controversial copyright ruling over the song “Blurred Lines”; the legal blowback Facebook will face over the Cambridge An...
Mar 26, 2018•30 min•Transcript available on Metacast The #MeToo and #TimesUp movements have gained significant traction this year, but lawsuits against alleged abusers have not always addressed the institutions that enabled the abuse. This week we’re joined by Chicago court reporter Diana Novak Jones, who tells us about a case using a novel legal approach to tackle that problem. Also this week, we discuss the White House blocking a proposed $117 billion takeover of chipmaker Qualcomm by a foreign company; the largest agricultural litigation settle...
Mar 19, 2018•31 min•Transcript available on Metacast This week we’re talking about the President Trump’s efforts to reshape the judicial branch — both his progress so far and what to expect in the years ahead. We’re joined first by Ed Beeson, to talk us through some forces that could slow down Trump’s progress, and then by Jimmy Hoover, to talk about one district court that has been overlooked. Also this week, we discuss Trump’s controversial trade moves; and we unpack the “inclusion riders” that were put in the spotlight by last week’s Oscars.
Mar 12, 2018•30 min•Transcript available on Metacast In honor of the Oscars this weekend, we’re presenting the first annual Academy Lawards, a celebration of achievements in cinema focusing on the law. Join us as we hand out awards for Best Argument in film, Most Disparaging Portrayal of a Lawyer and many more. Also this week, we touch down on a Second Circuit ruling that discrimination against gay employees is barred under federal law.
Mar 05, 2018•35 min•Transcript available on Metacast The Supreme Court is poised to answer a digital privacy question with huge implications: Can U.S. prosecutors force Microsoft to turn over personal email data that's stored on overseas servers? With arguments set for next week, Microsoft head of litigation David Howard comes on the show to walk us through his company's case. Also this week, we discuss a former BigLaw attorney who pleaded guilty to lying to Robert Mueller’s investigators; a Supreme Court ruling that narrowed protections for corpo...
Feb 26, 2018•34 min•Transcript available on Metacast Law firms are full of people with the title “partner,” but what exactly does that mean? After years of change, the title ain’t always what it used to be. Senior reporter Andrew Strickler comes on the show this week to talk about “partners,” particularly as it relates to the wave of gender bias suits filed against BigLaw firms. Also this week, we discuss a big ruling on the destruction of New York City graffiti space “5Pointz”; a new lawsuit claiming bar prep giant Barbri colluded with top law sc...
Feb 19, 2018•33 min•Transcript available on Metacast Ninth Circuit Judge Alex Kozinski was under investigation for sexually harassing clerks. Amid the scandal the judge retired, and now the probe has been called off. Senior reporter Natalie Rodriguez comes on the show to talk about how the end of the investigation highlights a need for significant reforms to how the judicial branch handles sexual harassment. Also this week, we discuss looming changes that could cause headaches for foreign companies looking to invest in the U.S., an FBI sting that ...
Feb 12, 2018•30 min•Transcript available on Metacast Google and Uber, two Silicon Valley behemoths, are set to square off next week in a high stakes trial that could determine the future of self-driving cars. Senior intellectual property reporter and Pro Say co-host Bill Donahue walks us through what we need to know about the billion-dollar trial. Also this week, we discuss an appeals court “swiping left” over age discrimination on the dating app Tinder; a ruling on the embattled Consumer Financial Protection Bureau; and the misdeeds that finally ...
Feb 05, 2018•31 min•Transcript available on Metacast It’s not every day that a BigLaw firm goes under, but that’s just what happened to legal stalwart Sedgwick LLP, which formally closed shop last week. What went wrong? Our business of law reporter Sam Reisman, who spent months covering the firm’s demise, comes on the show to give us the scoop. Also this week, we discuss how a court ruling forced Starbucks to keep stores open during the “Retail Apocalypse,” a Fourth Circuit ruling that slammed “sham” arbitration clauses foisted on strippers, and a...
Jan 29, 2018•34 min•Transcript available on Metacast Can your lawyer go against your wishes if they think it’s in your best interest? That’s the tricky question the Supreme Court weighed this week in a case where a lawyer admitted his client committed murder in a failed effort to spare him the death penalty. On this week’s show, Supreme Court reporter Chuck Stanley joins us to break down the case. Also this week, we discuss the wave of legal challenges to the rollback of net neutrality; two new big cases that the Supreme Court has agreed to hear; ...
Jan 22, 2018•31 min•Transcript available on Metacast You've definitely heard about the recent conviction of “pharma bro” Martin Shkreli, but what about Evan Greebel? He was Shkreli's BigLaw attorney, and he was convicted of securities fraud, too. Manhattan courthouse reporter Stewart Bishop comes on the show to break down the case against Greebel -- and how it's a cautionary tale for other lawyers. Also on this week’s show, we discuss a court blocking President Trump’s plan to roll back the Deferred Action for Childhood Arrivals program and what C...
Jan 15, 2018•31 min•Transcript available on Metacast What do you do when jurors think they know more than the experts on the witness stand? Senior trials reporter Daniel Siegal joins us to talk about his recent story on modern jurors who are emboldened by too many Google searches and episodes of Law and Order. Also on this week’s show, we discuss Attorney General Jeff Sessions’ move to ramp up enforcement of federal marijuana laws; Paul Manafort’s suit against Special Counsel Robert Mueller; and an insurance company balking at paying a claim becau...
Jan 08, 2018•33 min•Transcript available on Metacast The law was at the center of 2017's biggest news stories. To catch up on the year that was, we're running down the five most important legal stories of the year, including: The wave of sexual misconduct scandals and their connections to the legal community; President Trump's efforts to reshape the courts; the slew of lawsuits aimed at checking the new administration; Robert Mueller’s investigation into Russian meddling in the 2016 election; and the many lawsuits accusing BigLaw of underpaying wo...
Dec 25, 2017•38 min•Transcript available on Metacast This week the Federal Communications Commission overturned Obama-era net neutrality rules mandating that internet service providers treat all online content equally, handing industry groups a win and offering ISPs leeway to try out “fast” and “slow” lanes for web traffic. Our senior telecom reporter Kelcee Griffis was in person for the vote and joins us from Washington to talk about what happens next. Also on this week’s show, we discuss sexual misconduct claims against a sitting Ninth Circuit j...
Dec 18, 2017•35 min•Transcript available on Metacast The Supreme Court heard oral arguments this week in the closely-watched case over whether a Colorado baker had the right to refuse to bake a wedding cake for a gay couple. Law360’s Supreme Court reporter Jimmy Hoover was on the scene, and gives us some insight about the crucial swing vote in the case. Then, senior court reporter Pete Brush joins us to talk about an ongoing trial over a multi-billion dollar scheme to skirt sanctions by swapping Turkish gold for Iranian oil - a case that has given...
Dec 11, 2017•29 min•Transcript available on Metacast What happens when two people lay claim to leadership of the same federal agency? This week, in the surreal case of the Consumer Financial Protection Bureau, we found out. Senior banking reporter Evan Weinberger joins us to break down the background, the court case, and the infamous bag of donuts. Also on this week’s show, we discuss revelations that delayed the battle between Waymo and Uber on the eve of trial, a sports gambling case the Supreme Court will hear on Monday, and Texas Supreme Court...
Dec 04, 2017•30 min•Transcript available on Metacast 
