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

Wednesday, November 25, 2020

Ep. 178: THANKSGIVING SPECIAL - Stuffed With Weird Legal News

The Thanksgiving holiday might look a little different this year, but one thing that remains the same is our annual break for a special episode looking back at our favorite offbeat stories of the year. We revisit an attorney whose Second Circuit argument went sideways; a Kentucky state judge accused of having a threesome in the courthouse; a real-life request for trial by combat in family court; a former major league pitcher who confronted a naked man on LSD in his front yard; and a look at some of the best Yelp reviews of the Supreme Court cafeteria.

Full Show (Runtime: 49:03)

Friday, November 20, 2020

Ep. 177: When A Trial Becomes A Superspreader Event

Amid skyrocketing numbers of COVID-19 infections, a jury trial in Texas ended in a mistrial this week after at least 15 participants tested positive for the illness. On this week’s show, we’re breaking down the ill-fated trial in Texas, plus the slew of other courts that are shutting down during the third wave of the pandemic. Also this week: the law firm Sanford Heisler is best known for filing discrimination cases against BigLaw giants, but the firm is now facing allegations of bias from its own employees. We’re joined by Law360 reporter Anna Sanders, who broke the Sanford story. And finally, a federal court ruling that says the Trump administration cannot cite the pandemic as a reason to expel migrant children.

Full Show (Runtime: 31:00)

Friday, November 13, 2020

Ep. 176: All The President’s Lawsuits

President Trump has filed a slew of lawsuits aimed at challenging his election loss to President-elect Joe Biden, but the cases are supported by little evidence and don’t contest enough votes to change the outcome. This week, we’re going through those questionable lawsuits one by one, as well as the public relations backlash brewing for law firms like Jones Day that represent the president. Also this week, an audio-breakdown of the hotly-anticipated Supreme Court arguments over the fate of Obamacare.

Full Show (Runtime: 37:26)

Friday, November 6, 2020

Ep. 175: Voters Speak On Cannabis And The Gig Economy

All eyes have been on the presidential vote count, but a lot more was put to voters in the 2020 election. This week, we break down some key ballot measures including a win for gig economy companies in California, the spread of cannabis legalization, and more. We’ll also discuss a ruling in New York that puts an end to Amazon workers’ calls for more COVID protections from the retail giant; a legal malpractice lawsuit against Seyfarth Shaw; and a new, not so catchy jingle from the famed injury attorney Ross Cellino.

Full Show (Runtime: 32:17)

Friday, October 30, 2020

Ep. 174: Supreme Court ‘Packing,’ Explained

The confirmation of Amy Coney Barrett to the U.S. Supreme Court just days before an election has sparked calls from Democrats for serious changes to the high court. What might those reforms look like? Is it fair to call them “court packing?” On this week’s show, Law360’s Supreme Court reporter Jimmy Hoover joins us to break it all down, from the contentious backstory to a range of possible proposals. Also on this week’s show: A federal judge says government lawyers can’t represent President Trump in a private defamation suit; a North Carolina judge issues a first-ever ruling on how business insurance covers COVID-19; and the bizarre story of a BigLaw attorney who allegedly went on a bank robbery spree in Florida.

Full Show (Runtime: 41:47)

Friday, October 23, 2020

Ep. 173: United States v. Google

The U.S. Department of Justice filed a sweeping antitrust lawsuit against Google this week, accusing the tech giant of maintaining an illegal monopoly over internet search and online advertising. The case came amid a broader reckoning with the power of Big Tech, and it evoked historical comparisons to the famous Microsoft case of the late 1990s. Joining us to breakdown all these issues and more is Matt Perlman, Law360’s senior reporter on the competition beat. Also this week: A slew of major rulings on pandemic-era voting rules; and a multi-billion dollar fine against one of the key drivers of the opioid epidemic.

Full Show (Runtime: 33:37)

Friday, October 16, 2020

Ep. 172: The Shirtless Judge Who Shoved A Cop

A New York judge named Mark Grisanti is under fire after body camera footage obtained by Law360 showed him shoving a police officer and invoking his powerful connections following a shirtless brawl with neighbors. With Grisanti never charged with a crime, the video has sparked a broader conversation about whether Grisanti’s race and job led to lenient treatment. On this week’s show we’re breaking down the whole story, plus: A drugmaker racing for a COVID-19 vaccine vows not to sue for patent infringement; BigLaw giant Sidley Austin agrees to diversity its summer associates after a federal probe; and The Bachelorette returns with a new crop of lawyer-contestants.

Full Show (Runtime: 42:28)

Friday, October 9, 2020

Ep. 171: The Road Ahead For Amy Coney Barrett

Supreme Court nominee Amy Coney Barrett heads to Capitol Hill next week for confirmation hearings that figure to touch on hot-button points like abortion, healthcare and gun rights. Adding even more intrigue are the COVID-19 cluster that has ensnared two key Republican senators and the fast-tracking of Barrett’s nomination ahead of the November election. Joining us to break down the confirmation saga from every angle is Andrew Kragie, Law360’s congressional reporter. Also this week, Justice Clarence Thomas took aim at the high court’s landmark gay marriage ruling; the justices heard Google and Oracle's high-stakes battle over smartphone copyrights; and a crucial update on the cultural refinement of the opinions issued by the U.S. Court of International Trade.

Full Show (Runtime: 46:26)

Friday, October 2, 2020

Ep. 170: Drug Rehab or Forced Labor?

A growing number of courts are sending those accused of drug offenses and nonviolent crimes to addiction treatment rather than jail, but some residents are now claiming that the only treatment being offered at those facilities is forced, unpaid labor at for-profit businesses. Joining us to discuss this little-known side of the justice system is Jack Karp, who wrote a deep-dive about the practice and the growing litigation challenging it. Also this week: A ruling blocking President Trump’s TikTok ban; criminal charges over a deadly COVID-19 outbreak at a nursing home; and some scathing reviews of the lunch cafeteria at the U.S. Supreme Court.

Full Show (Runtime: 40:18)

Saturday, September 26, 2020

Ep. 169: What You Need To Know About Amy Coney Barrett

President Trump has nominated Amy Coney Barrett to fill the seat on the U.S. Supreme Court left vacant by the late Justice Ruth Bader Ginsburg, setting the stage for a contentious battle over the future of the high court. To get you up to speed, this week on the Pro Say podcast we’re catching you up on everything you need to know about Amy Coney Barrett.

Full Show (Runtime: 25:11)

Tuesday, September 22, 2020

The Life And Legacy Of Ruth Bader Ginsburg

Justice Ruth Bader Ginsburg is among the few on the Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Pro Say sister podcast The Term took a look back at her legacy as a pioneering women's rights advocate with two guests who worked by her side. We’re going to share that episode with you today.

A programming note: President Trump has said he’ll name Justice Ginsburg’s replacement as soon as this weekend, so we will be publishing our next episode of Pro Say following that announcement with what you need to know about the nominee.

Full Show (Runtime: 36:02)

Friday, September 18, 2020

Ep. 168: Ex-Felons Lose Florida Voting Rights Battle

A federal appeals court ruled last week that Florida can require former felons to pay all outstanding fines and fees before gaining the right to vote, overturning a judge who said the requirement was an unconstitutional “pay to vote” system that would bar nearly a million people from the ballot box. This week we’re breaking it all down, including the backstory, the ruling itself, and a scathing dissent. Also this week: a Ninth Circuit ruling that could clear the way for the Trump administration to potentially deport almost 400,000 people; a former King & Spalding lawyer who is now battling both his ex-firm and his current attorneys; and Chuck E. Cheese makes an unusual play in its ongoing federal bankruptcy.

Full Show (Runtime: 34:46)

Friday, September 11, 2020

Ep. 167: Are You Ready For Some Football (Lawsuits)?

The National Football League kicked off its season this week, but there was never an offseason for football-related litigation. On this week’s episode, we’re catching you up on all the biggest cases you might have missed — from stadium tax credits to Terrible Towel trademarks to false advertising during the Super Bowl. Also this week, we dig into a legal battle between Whole Foods and its workers over Black Lives Matter face masks; a backlash over a Big Pharma opioid settlement centered on a huge donation of addiction-fighting drugs; and the critical film analysis of Netflix’s latest legal rom-com.

Full Show (Runtime: 39:16)

Friday, September 4, 2020

Ep. 166: Job Requirement: Vaccine

Pandemic-weary employers are hoping that a COVID-19 vaccine will make their workplaces safer, but forcing workers to get a shot is a legal minefield. On this week’s episode, Law360 employment law guru Vin Gurrieri walks us through a range of legal and practical problems with mandatory inoculation, as well as what history can teach us. Also this week, an appeals court strikes down the massive government data collection system exposed by Edward Snowden; Michael Avenatti gets slapped down after accusing Jeffrey Toobin of defamation; and a federal judge calls “poppycock” on a legal argument.

Full Show (Runtime: 34:52)

Friday, August 28, 2020

Ep. 165: The Legal Snags Of COVID-19 Parental Leave

As the COVID-19 pandemic has forced millions of working parents to care for homebound children, employers are struggling to understand new legal obligations designed to give employees more flexibility. This week, with a remote school year looming, we’re breaking down that complex legal landscape, as well as the steps taken by some law firms to support their working parents. Also this week, a 33-year-old Jones Day associate is nominated to the federal bench; Fortnite hits a snag in its app-store antitrust battle with Apple and Google; and a new Netflix movie documenting a one-of-a-kind Wu-Tang album and the infamous pharma bro who bought it.

Full Show (Runtime: 37:35)

Friday, August 21, 2020

Ep. 164: The Artistry of the Courtroom Sketch

Today we’re talking about one of the legal world’s most fascinating professions: the courtroom sketch artist. Relying on hand-drawn pictures to digest news events may seem quaint in the information age, but so long as television access to court proceedings remains limited, sketch artists will continue to play an important role. We talked with veteran courtroom artist Art Lien, who has documented cases at the U.S. Supreme Court and numerous other venues for decades, about his big break in the profession, his creative process, cameras in the courtroom, and much more. Also this week, former Trump adviser Steve Bannon gets collared for allegedly scamming donors out of millions intended for a privately funded border wall, and a California court grapples with the unique headaches of trials conducted over Zoom.

Full Show (Runtime: 38:19)

Friday, August 14, 2020

Ep. 163: The Latest TikTok Craze Is National Security

President Trump has declared the popular social media platform TikTok a risk to U.S. national security, citing its ties to China. The administration is now pursuing a number of legal options to address that threat, ranging from an outright ban of the app to a forced sale to a U.S. company like Microsoft. We’ll get you caught up on all the TikTok drama with Alex and Law360’s senior M&A reporter, Benjamin Horney. Also this week, a loss for Uber and Lyft could usher in a sea change for employment law in the gig economy, the Ninth Circuit gives Qualcomm a hammer lock on the smartphone chip and patent markets, and Kanye West bends the concept of time itself.

Full Show (Runtime: 41:26)

Friday, August 7, 2020

Ep. 162: Please Stop Rockin’ Down In Trump World

Rock star Neil Young filed a lawsuit this week aiming to block President Donald Trump from using his music at campaign events -- the first significant legal action taken by an artist among many who have complained about Trump’s choice of rally anthems. But as host Bill Donahue explains on this week’s episode, the complexities of music licensing makes stopping a campaign from playing particular music harder than it might seem. Also this week, New York’s attorney general seeks to dissolve the NRA over financial misconduct; the Federal Circuit rules against the misuse of PACER fees by the judiciary; and a former pro baseball player who fought off a drug-addled naked man on his front lawn wins in court.

Full Show (Runtime: 36:26)

Friday, July 31, 2020

Ep. 161: Bar Exam Chaos

The Pro Say team chatted this week with law school graduates around the country about how COVID-19 has impacted their bar exam experience — from months of uncertainty and delay, fears of test-site outbreaks and technological breakdowns, and lingering concern about what it means for job prospects. Also on this week’s show, how this year’s chaotic exam has called into question the test itself, and lent new support for radical changes to how lawyers are licensed.

Full Show (Runtime: 38:19)

Friday, July 24, 2020

Ep. 160: Do COVID Closures Violate the Constitution?

Courts around the country are weighing in on the legality of public health measures aimed at combating the spread of COVID-19, from movie theater closures to gym bans to mask requirements. On this week’s show, we’re breaking down a slew of recent rulings, plus previewing what might come next. Also this week: A tragic attack on the family of a New Jersey federal judge; and a chat with three major corporate general counsel about how they responded to the outbreak of the pandemic.

Full Show (Runtime: 36:55)

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