Welcome to the Law360 Pro Say podcast

Pro Say is a weekly podcast from Law360, bringing you a quick recap of both the biggest stories and the hidden gems from the world of law. In each episode, hosts Amber McKinney, Bill Donahue and Alex Lawson are joined by expert guests to bring you inside the newsroom and break down the stories that had us talking.
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Email us at: ProSayPodcast@Law360.com

Tuesday, August 31, 2021

Pro Say Movie Club - Liar Liar

Can you reverse-engineer an entire movie out of a lawyer joke? That’s the question we’re asking on the Pro Say Movie Club as we talk about Liar Liar, a 1997 Jim Carrey romp about a deeply dishonest attorney named Fletcher Reede who is suddenly put under a magical spell that forces him to tell the truth for 24 hours. On this week’s show, we’re talking about the legal ethics of lying; the baseball career of Jose Canseco; the struggle for work-life balance in BigLaw; the aesthetics of courthouse bathrooms; prenuptial agreements under California law; and much more.

Full Show (Runtime: 47:53)

Friday, August 27, 2021

Ep. 213: Forget Insider Trading, Let’s Talk About 'Shadow Trading'

You’ve probably heard of insider trading, but what about “shadow trading”? Federal regulators are pursuing a novel civil lawsuit that claims a pharma executive broke the law by using insider information about his own company to get rich — only he did it by buying another company’s shares. Law360 securities law reporter Dean Seal joins us this week to talk about the phenomenon of shadow trading and how the regulators are trying to crack down. Also this week: Nirvana is hit with a child pornography lawsuit over the naked child on the cover of an iconic album; the Supreme Court weighs in on a Trump-era “remain in Mexico” policy; and Steve Harvey heads to television court to serve as a judge.

Full Show (Runtime: 40:48)

Tuesday, August 24, 2021

Pro Say Movie Club - Loving

Richard Loving and Mildred Jeter fell in love, found out they were expecting a baby, and ran off to get married. But then they were arrested in their bedroom in the middle of the night. The crime? Back in 1958, Virginia law barred interracial marriage. Their arrest set the stage for a years-long legal fight that made it all the way to the U.S. Supreme Court and changed the future for millions of couples. On this week’s episode of the Pro Say Movie Club we’re talking about the true story depicted in the movie “Loving,” the toll it took on the couple’s life, and how the Loving’s case worked its way through the court system to ultimately change the U.S. Constitution and bolster civil rights forever.

Full Show (Runtime: 58:34)

Friday, August 20, 2021

Ep. 212: Will Vaccine Mandates Skew Jury Pools?

Requiring COVID-19 vaccination for jury members seems like a public health no-brainer as Delta continues to spike, but it’s raising tricky questions about whether vaccine disparities along racial and political lines could skew jury pools. Joining us this week to discuss the issue is Law360 senior reporter Chris Villani, who breaks down how judges across the country are handling juror vaccination and how trial attorneys are reacting. Also this week: Law360’s annual look at how big firms are working toward diversity; a novel effort by Arizona State University to sue an Instagram account spreading pandemic misinformation; and a bizarre back-and-forth between a trial judge and appellate court that left the Second Circuit “puzzled.”

Full Show (Runtime: 38:03)

Friday, August 13, 2021

Ep. 211: Maybe Covid Isn’t Over

Driven by the delta variant, Covid-19 infections are spiking across the country, leaving courts and law firms to once again grapple with public health and safety measures. On this week’s episode, we’re breaking down the patchwork of new restrictions, from courthouse mask rules to BigLaw vaccine mandates. Also this week, a public corruption trial with such bad lawyering that the First Circuit granted a redo; and an interesting argument against the Covid-19 eviction ban centered on the almost-never-invoked Third Amendment.

Full Show (Runtime: 32:57)

Tuesday, August 10, 2021

Pro Say Movie Club - Michael Clayton

Some elite lawyers are miracle workers. Others are janitors. Michael Clayton, the eponymous main character of our Pro Say Movie Club pick this week, is the latter. Clayton, played by George Clooney, is a so-called fixer at a prestigious Manhattan law firm who is thrust into crisis after his boss and mentor has a mental breakdown while defending the producer of a deadly weed killer. As the sinister client attempts to contain the problem, Clayton is forced to confront not only an ugly conspiracy, but also his own moral compromises. We explore that seedy underbelly of corporate litigation and the daily grind of a BigLaw life that values the billable hour above all else on this week’s episode.

Full Show (Runtime: 59:59)

Tuesday, August 3, 2021

Pro Say Movie Club - The Devil’s Advocate

Every young associate has probably had a tough boss at their firm, but what if that boss was literally Satan? Our pick for the Pro Say Movie Club this week “The Devil’s Advocate” tells the story of hot shot Florida litigator Kevin Lomax, played by Keanu Reeves, whose perfect courtroom record draws the eye of a tony New York law firm and its enigmatic top partner John Milton, played by Al Pacino. The new caseload presents Kevin with a series of escalating moral crises and rips his family apart as he becomes an unwitting pawn in a battle for humanity. We discuss Kevin’s savant-like abilities in the courtroom; how accurate his BigLaw life really is -- would all the partners really live in the same condo building?; and how winning the case at all costs isn’t always worth it.

Full Show (Runtime: 58:56)

Tuesday, July 27, 2021

Pro Say Movie Club - My Cousin Vinny

On this week’s episode of the Pro Say Movie Club, we comb our hair, put on our suits made out of some kind of cloth, and journey to the south with Joe Pesci and Marisa Tomei in the venerable 1992 legal comedy “My Cousin Vinny.” Pesci plays Vincent Gambini, a sharp but inexperienced New York attorney who’s way out of his element defending two “yutes” accused of murdering a store clerk in a small Alabama town. With the help of girlfriend Mona Lisa Vito’s automotive prowess, and some magic grits, Gambini slowly learns to navigate the courtroom and ends up giving a masterclass in cross-examination. We’ll break down all the scenes and discuss why it’s been heralded as one of cinema’s most accurate trial depictions.

Full Show (Runtime: 52:35)

Friday, July 23, 2021

Ep. 210: New York’s Weed Law Aims For A True Clean Slate

Earlier this year, New York joined the growing list of states to legalize recreational marijuana. But the Empire State’s law goes a step further by automatically expunging hundreds of thousands of cannabis-related criminal convictions, offering a clean slate to those hampered by aggressive enforcement in the past. Law360 reporter Marco Poggio joins the show this week to break down the impact of this provision, the challenges that lie ahead, and the likelihood of other states following New York’s lead. Also this week: intrigue in Florida where a federal judge ordered a new trial after learning government prosecutors had deliberately spied on defense strategy meetings; and a huge jury award for a former Walmart employee fired after the company refused to accommodate her disability.

Full Show (Runtime: 31:04)

Tuesday, July 20, 2021

Pro Say Movie Club - A Few Good Men

In the Pro Say Movie Club it is our code built on honor and respect for the chain of command to carefully break down outrageous courtroom showdowns in legal cinema. That’s why this week we’re talking about "A Few Good Men," the gripping 1992 drama featuring Tom Cruise as a cocky young Navy lawyer who prides himself on never seeing the inside of a courtroom, until he finds purpose in defending two marines accused of murder. Cruise faces off with Jack Nicholson in one of the most iconic trial confrontations in movie history. We discuss just how accurate that witness examination really is, some of our favorite scenes from the movie, and whether we can, in fact, handle the truth.

Full Show (Runtime: 1:04:20)

Friday, July 16, 2021

Ep. 209: Guardianship Abuse Goes Way Beyond Britney

Britney Spears’ battle against a guardianship that she says is unwarranted and abusive is a high-profile case, but it is far from the only one questioning the legal mechanism that can strip people of their rights to basic self-determination. On this week’s episode we talk with Law360 features reporter Cara Bayles about just what’s going on with the guardianship system. Also this week: Joe Exotic, the eccentric Oklahoma zookeeper at the center of Netflix’s hit documentary ‘Tiger King,’ wins an appeal following his criminal trial; actor Justin Theroux notches a victory in a long-running and dramatic property dispute with his attorney neighbor; and a Wisconsin state judge gets dinged for brandishing a firearm during a court proceeding.

Full Show (Runtime: 39:56)

Tuesday, July 13, 2021

Pro Say Movie Club - Legally Blonde

For the first episode of our new summer movie series, we’re watching the iconic 2001 law school comedy “Legally Blonde,” in which sorority queen Elle Woods conquers Harvard Law. What, like it’s hard? What begins as a scheme to win back her boyfriend turns into a journey of self-realization for Elle, who teaches us along the way that lawyers come in all forms, and that staying true to yourself is the key to unlocking your full potential. Or, put another way: You can wear pink and still be a successful attorney. We’ll break down our favorite scenes, what the movie got right or got wrong about the law and its lasting impact on the legal industry on this week’s episode.

Full Show (Runtime: 52:17)

Friday, July 9, 2021

Ep. 208: The Legal Fallout Of The Florida Condo Collapse

This week we’re discussing the legal dimensions of the tragic collapse of the Champlain Towers condominium complex in Surfside, Florida. We unpack the litigation that has followed the disaster, the lawyers working the case pro bono, and the lessons to be learned that could help prevent future tragedies. Also this week, a wrap-up of the latest Supreme Court term with Law360 reporter Jimmy Hoover, and a Fifth Circuit ruling with big consequences for mandatory bar fees. Finally, stay tuned next week as we drop the first episode in our new summer legal movie series: The Pro Say Movie Club.

Full Show (Runtime: 38:39)

Wednesday, July 7, 2021

NEW SUMMER SERIES: The Pro Say Movie Club!

The hosts of the Pro Say podcast love talking about two things: the law and the movies. So we're going to spend our summer bringing them together for the Pro Say Movie Club, a new limited-run podcast series about the greatest films in legal cinema history — from “My Cousin Vinny” to “A Few Good Men” and everything in between. Episodes will drop every Tuesday starting on July 13, when we journey to Harvard Law School with Elle Woods in “Legally Blonde.”

Full Show (Runtime: 2:04)

Friday, July 2, 2021

Ep. 207: Bill Cosby Is A Free Man. Why?

The Pennsylvania Supreme Court threw out Bill Cosby’s sexual assault conviction this week, ruling that the disgraced comedian was improperly prosecuted after being promised immunity. On this week’s show, the hosts break down the court’s decision and its implication for the post-#MeToo legal landscape. Also on the show, on the final day of the Supreme Court term, the justices uphold controversial voting restrictions in Arizona; and RobinHood is hit with a record regulatory fine for lax oversight that harmed millions of its customers.

Full Show (Runtime: 37:21)

Friday, June 25, 2021

Ep. 206: High Court Strikes Blow Against NCAA

The U.S. Supreme Court ruled this week that the NCAA violated federal antitrust laws by barring student athletes from receiving compensation. The decision wasn’t a sweeping overhaul for players, but it could open the door to new, broader challenges at a time when college sports are already changing. We’re joined this week by Law360 senior sports law reporter Zach Zagger to break down the ruling and what it might mean going forward. Also this week: Harvard University wins a lawsuit seeking tuition refunds over COVID-19; the Supreme Court sides with a high school cheerleader who dropped F-bombs while off-campus; and a former BigLaw associate is in hot water after allegedly faking thousands of hours of pro bono work.

Full Show (Runtime: 37:08)

Friday, June 18, 2021

Ep. 205: What’s Driving The BigLaw Salary Wars?

Elite law firms across the country are racing to heap higher salaries and big new bonuses onto associates — a surprising development at the tail end of a global pandemic where economic belt-tightening was a common theme. We’re joined this week by Law360 legal industry editor Natalie Rodriguez to explain the so-called ‘salary wars’ in BigLaw, including what firms are bumping pay, why they’re doing it, and what might be next. Also this week: The U.S. Supreme Court issues big rulings on Obamacare and gay rights; a federal court upholds a Houston hospital’s vaccine mandate for workers; and Zoom mishaps abound during jury selection down in Texas.

Full Show (Runtime: 35:12)

Friday, June 11, 2021

Ep. 204: Toyota May Have Bribed Some Judges. The Feds Are On It.

Toyota is under federal investigation for allegedly bribing Supreme Court judges in Thailand in an effort to overturn a $350 million tax judgment. Law360's Frank Runyeon joins the show this week to explain what we know so far about the unfolding scandal. Also this week, we discuss an insurance suit that weighs whether the coronavirus or government orders were to blame for losses to a strip club; the DOJ recovering millions in ransom paid to hackers who halted operations of Colonial Pipeline; and a law student's homage to Legally Blonde that caught the eye of Reese Witherspoon.

Full Show (Runtime: 33:33)

Friday, June 4, 2021

Ep. 203: NFL Drops Race-Based Tests For Concussion Payouts

The NFL has agreed to end the use of a controversial race-based method of evaluating brain damage claims as part of its billion-dollar concussion settlement, months after a federal judge said she was “concerned” by the practice. On this week’s show, we’re breaking down the controversy, the NFL’s new move and what it means going forward. Plus, a Supreme Court ruling on a federal hacking law that critics warned could criminalize normal internet users; and more blowback from the bench for law firm Robbins Geller, this time over “reprehensible" efforts to steer a case toward a Long Island courthouse.

Full Show (Runtime: 28:12)

Friday, May 28, 2021

Ep. 202: Amazon Joins The Big Tech Antitrust Party

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.

Full Show (Runtime: 27:15)

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