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

Friday, November 19, 2021

Ep. 225: How The Military Fails Sexual Assault Victims

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 judge accuses a local attorney of blackmailing her with the release of nude photographs as part of a protracted custody battle; and the story of a Pennsylvania attorney who took off his pants in the courthouse rotunda.

Full Show (Runtime: 38:50)

Friday, November 12, 2021

Ep. 224: Law Student Fellows Take On Systemic Racism

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 exacerbated by the cash-bail system.

Full Show (Runtime: 28:00)

Friday, November 5, 2021

Ep. 223: The Vaccine Rule That Could Launch 1,000 Lawsuits

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 contract trial involving a perfume company and Jay-Z gets testy after the hip-hop icon takes the stand; the Justice Department attempts to block two publishing giants from merging; and finally, a definitive ranking of the best legal characters so far in HBO’s hit drama series “Succession.”

Full Show (Runtime: 44:55)

Friday, October 29, 2021

Ep. 222: What’s Driving The Labor Unrest Of ‘Striketober’?

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 New York’s pandemic-era protections against evictions and foreclosures, and Alex unpacks a historic whistleblower award from the CFTC. Finally, we end with lawyers for Atari who had their mellow harshed when a judge forbade them from playing video games during an IP trial.

Full Show (Runtime: 42:57)

Friday, October 22, 2021

Ep. 221: Crypto Hits Wall Street As Washington Worries

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 indicts a former Boeing employee for duping federal safety regulators related to 737 Max jets; a New York judicial report rebukes Arnold & Porter attorneys for discovery abuse in opioid litigation; and another pharma company regrets making parody videos.

Full Show (Runtime: 34:47)

Friday, October 15, 2021

Ep. 220: Lessons From The First Varsity Blues Guilty Verdict

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. Also this week: A turf war between state and federal employment regulators pursuing claims against a gaming company accused of fostering a toxic workplace; a Pennsylvania attorney who escaped disbarment after forging a judge’s signature; and the latest from our favorite movie-quoting judge from the Court of International Trade.

Full Show (Runtime: 46:03)

Friday, October 8, 2021

Ep. 219: When DOJ Spyhunting Goes Too Far

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 IRS summons with big implications for attorney-client privilege. Finally, a creative insurance claim seeks payment from GEICO over an STD contracted in a car covered by the company.

Full Show (Runtime: 45:43)

Friday, October 1, 2021

Ep. 218: A Supreme Court Term Packed With Landmark Cases

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 raps a Texas judge over his tight grasp on patent litigation. Finally, we ring in spooky season with the haunting tale of a Texas attorney whose Michael Myers costume summoned the dark forces of the local police.

Full Show (Runtime: 48:06)

Friday, September 24, 2021

Ep. 217: Discovery Debacle At Arnold & Porter

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 engagement; and the Pro Say hosts ugly cry on air as Bill says goodbye in his final episode.

Full Show (Runtime: 39:13)

Friday, September 17, 2021

Ep. 216: The Tricky Questions Around Biden’s Vaccine Mandate

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 the law; a vexing libel lawsuit brought by Representative Devin Nunes that found new life this week; and finally a look back at our recent Pro Say Movie Club series and some of our favorite moments.

Full Show (Runtime: 37:25)

Tuesday, September 14, 2021

Pro Say Movie Club - Philadelphia

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 movie, the monologues that would be highly unusual in an actual courtroom, and the lasting impact of one of the first major films to tackle the AIDS crisis.

Full Show (Runtime: 57:12)

Friday, September 10, 2021

Ep. 215: Bankruptcy’s ‘Eerie Silence’ Amid Pandemic

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 that a local hospital must treat COVID-19 patients with Ivermectin; and a federal judge orders BigLaw partners to spare their associates over holidays.

Full Show (Runtime: 31:31)

Tuesday, September 7, 2021

Pro Say Movie Club - A Time To Kill

The Pro Say Movie Club makes its maiden voyage into the world of John Grisham with a discussion of A Time To Kill, the 1996 adaptation directed by Joel Schumacher and starring just about every famous actor from the 90s. It’s the story of Mississippi litigator Jake Brigance and his defense of Carl Lee Hailey, a black man who took the lives of two white men to avenge a brutal assault on his daughter. This week’s show dives into the movie’s sprawling and somewhat chaotic structure; venue and bail fights; the perils of testifying in your own murder trial; iconic courtroom outbursts; and so much more.

Full Show (Runtime: 51:12)

Friday, September 3, 2021

Ep. 214: Blood Feud - The U.S. v. Elizabeth Holmes

The upcoming criminal trial of former Theranos CEO Elizabeth Holmes figures to center around one crucial question: Was the blood testing startup’s failure a case of misguided Silicon Valley over-ambition, or was it outright fraud? Law360’s Dorothy Atkins has been covering the Theranos litigation for years, and she joins us this week to break down all you need to know ahead of next week’s long-awaited trial. Also on the show: The Supreme Court refuses to halt a Texas law prohibiting abortions after six weeks and the Manhattan DA muscles up against a bogus COVID-19 vaccination card ring.

Full Show (Runtime: 32:48)

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)

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