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. 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

Monday, January 22, 2018

Ep. 37: Lawyer Sold You Out? Tell It To The Justices

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. DC reporter Chuck Stanley joins us to talk about the oral arguments in the case. Also on this week’s show, we discuss legal challenges to the rollback of net neutrality; we drop by cert grant corner to talk about two cases now pending before the Supreme Court; and we touch down on a former Jersey Shore star who changed his signature GTL to gym, tax evasion, laundry.

Full Show (Runtime: 31:06) Top News: Suits filed challenging the rollback of net neutrality (8:53) Top News: Cert Grant Corner features big tax and patent cases (7:17) Main Story: High Court to decide if a lawyer can sell out his client (9:35) Offbeat: The Jersey Shore’s Situation pleads guilty to tax evasion (5:06)

Monday, January 15, 2018

Ep. 36: When Do You Ditch A Dangerous Client Like Shkreli?

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 Congress might do next; a ruling striking down partisan gerrymandering in North Carolina; and a privacy case over the 5-bite diet.

Full Show (Runtime: 31:14) Top News: DACA rollback halted, Congress still hammering out fix (9:32) Top News: Federal court blocks gerrymandered NC map (6:43) Main Story: Ex-Katten attorney conviction a cautionary BigLaw tale (10:14) Offbeat: Privacy case related to doctor’s 5-bite diet (4:20)

Monday, January 8, 2018

Ep. 35: In A Post-Facts World, Are Jurors Listening?

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 because of a machete-wielding shareholder.

Full Show (Runtime: 33:02) Top News: Sessions reverses Obama-era marijuana enforcement policy (10:40) Top News: Manafort sues DOJ, looking to topple special counsel (7:54) Main Story: How modern juries complicate a case (8:55) Offbeat: Director's machete attack may doom insurance claim (5:32)

Monday, December 25, 2017

Ep. 34: YEAR-END SPECIAL - The Biggest Legal Stories Of 2017

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 women.

Full Show (Runtime: 38:19) Story 1: Sexual harassment wave crashes into the legal profession (6:55) Story 2: Gorsuch’s appointment and other big Trump judicial moves (7:30) Story 3: Courts hear a flurry of cases over White House actions (7:08) Story 4: Mueller probe leads to charges (7:20) Story 5: Women in the law push back against pay bias and lack of advancement (8:54)

Monday, December 18, 2017

Ep. 33: What’s Next For Net Neutrality And Internet Freedom?

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 judge, the White House giving up on winning Senate approval for two of President Trump’s more controversial judicial nominations, and how to block naughty lawsuits from nice holiday parties.

Full Show (Runtime: 34:40) Top News: 9th Circuit's Kozinski accused of showing staffers porn (10:31) Top News: Two Trump judicial picks dead-end in the Senate (5:19) Main Story: What to expect after the net neutrality rollback (13:00) Offbeat: How to have an office holiday party without legal trouble (4:45)

Monday, December 11, 2017

Ep. 32: Masterpiece Cakeshop - Gay Rights At The High Court

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 Pete quite the Twitter following in Turkey. And finally, we discuss legal fireworks over Katy Perry’s purchase of a former convent in California.

Full Show (Runtime: 29:18) Main Story 1: High Court weighs refusal to bake cake for gay wedding (13:00) Main Story 2: All of Turkey is watching NY sanctions scheme trial (8:45) Offbeat: Katy Perry wins row over California convent (4:28)

Monday, December 4, 2017

Ep. 31: Game Of Thrones On The Potomac

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 Justice Don Willett saving a man’s life at Chick-Fil-A.

Full Show (Runtime: 29:33) Top News: Bombshell letter delays Uber-Waymo IP Trial (9:43)Top News: High Court case could undo the federal ban on sports gambling (6:07) Main Story: Two leaders lay claim to top post at CFPB (9:20) Offbeat: Texas Supreme Court judge is a real life saver (4:23)

Monday, November 27, 2017

Ep. 30: HOLIDAY SPECIAL - The Best Of The Weird In Legal News

On this week’s special holiday show, we’re doing something a little different -- taking a look back at our favorite offbeat stories of the year. We revisit a bananas Ninth Circuit oral argument about a monkey who took a selfie; a comedy duo facing legal trouble for pranking a Wisconsin morning show; a copyright suit over a 24-year-old Meat Loaf hit; and every pun you can imagine to describe a lobster poacher who’s on the hook for millions.

Full Show (Runtime: 28:56) Story One: Monkey business over a jungle selfie (9:12) Story Two: Comedy duo in legal hot water after appearance on “Hello Wisconsin” (7:48) Story Three: Meat Loaf would do anything for love, but would he steal a song? (6:00) Story Four: A tail of illegal seafood (5:56)

Monday, November 20, 2017

Ep. 29: Republicans Go To War With The ABA

Republicans have long grumbled that the ABA has a liberal bias, but the group’s four recent rejections of Trump nominees have pushed things toward open conflict. We’re joined by senior reporter Michael Macagnone to talk us through the growing showdown over the role the ABA plays in picking judges. Also on this week’s show, we discuss a BigLaw leader who resigned from her management post after claiming on Fox News that legitimate victims of sexual harassment are “few and far between”; a mistrial in Senator Bob Menendez’s corruption case; and the unusual things unearthed about Trump federal district judge pick Brett Talley.

Full Show (Runtime: 30:12) Top News: BigLaw attorney loses management post after Fox News comments (6:50) Top News: Menendez corruption trial ends with hung jury (5:30) Main Story: ABA and GOP square off over judicial nominees (11:45) Offbeat: Trump judicial pick is a ghost hunter and horror novelist (6:07)

Monday, November 13, 2017

Ep. 28: Will Weinstein Spy Hire Put Boies In Ethics Hot Water?

The sexual assault scandal surrounding Hollywood titan Harvey Weinstein expanded this week into BigLaw. It was revealed that Weinstein’s long-time lawyer David Boies played a part in hiring a private spy firm to help Weinstein suppress a New York Times article detailing the harassment allegations, even though the Times was also a client of Boies Schiller. Senior legal ethics reporter Andrew Strickler comes on the show to explain what happened and the ethical implications for the famed litigator. Also on this week’s show, we discuss a provision in the GOP tax plan that could keep law firms on the hook for higher taxes; the legal pushback billionaire Joe Ricketts may face after shuttering local news sites DNAinfo and Gothamist after a union vote; and an appellate court weighing in on whether a judge falling asleep while on the bench merits a new trial.

Full Show (Runtime: 30:48) Top News: Law firms aren’t happy about being left out of GOP tax cuts (7:04)Top News: Legal fallout of shutting down news sites DNAinfo & Gothamist after union vote (7:01) Main Story: Boies in ethics quagmire after Weinstein spy hire (11:47) Offbeat: Judge falls asleep on the bench, but no new trial (4:56)

Monday, November 6, 2017

Ep. 27: Can Courts Curb The Opioid Crisis?

The opioid epidemic has recently been put in the spotlight by Washington policy makers, but that’s not the only venue where the issue is being tackled. Law360 senior reporter Andrew Westney comes on the show to walk us through a wave of lawsuits filed against drugmakers and retailers over their alleged role in fueling the crisis. Also on this week’s show, we discuss special counsel Robert Mueller’s willingness to push back against the attorney-client privilege; a D.C. federal judge blocking the Trump administration’s ban on transgender people serving in the military; and a New Jersey state judge accused of “explosive fits of rage” and “extreme emotional immaturity.”

Full Show (Runtime: 27:16) Top News: A look at Mueller’s aggressive tactics in the Russia probe (6:46) Top News: D.C. federal judge blocks Trump’s transgender military ban (6:00) Main Story: A look at the major cases over opioids (8:59) Offbeat: NJ judge allegedly prone to “explosive fits of rage” (5:31)

Monday, October 30, 2017

Ep. 26: SPECIAL GUEST - High Court Vet Andy Pincus Talks Big Digital Privacy Cases

The Supreme Court is set to weigh two privacy cases this term that could be game changers, including one about personal cloud data stored overseas and another about search warrants for cell phone location data. Andy Pincus, a partner at Mayer Brown who has argued 27 cases before the high court, joins the show to break down the cases and what impact they could have. Also on this week’s show, we run down a big copyright case over illegal downloading; we offer updates on several stories from previous episodes, including Congress making it harder to sue banks, a $417M Talc cancer verdict, and HSBC traders behaving badly; and we discuss Johnny Depp’s latest legal battle - a suit he’s filed against his own lawyers.

Full Show (Runtime: 31:44) Top News: Can Cox be held liable for illegal music sharing of its subscribers? (7:01) Top News: Hey, what happened with . . . we offer updates on big issues we’re tracking (6:34) Main Story: Andy Pincus talks about privacy cases at the Supreme Court (11:35) Offbeat: Johnny Depp sues his own lawyers (6:09)

Monday, October 23, 2017

Ep. 25: A Play-By-Play Of The NFL’s Legal Showdowns

The NFL has had no shortage of controversies lately. President Trump has blasted players staging on-field protests of racial injustice and the league has been criticized over its response to allegations of domestic violence perpetrated by players. Senior sports reporter Zach Zagger joins the show to give us an overview of the legal battles that are heating up over these issues. Also on this week’s show, we check in with cert grant corner and two big cases now pending before the Supreme Court; we discuss the conviction of an auto racer and his attorney for a huge payday loan scheme; and we try to avoid being catfished by a scammer that duped some law firms.

Full Show (Runtime: 28:36) Top News: High Court to hear Microsoft privacy case & AmEx merchant rules case (9:51) Top News: Auto racer, attorney guilty of running predatory loan empire (5:12) Main Story: NFL legal action over Kaepernick and Elliott (7:05) Offbeat: Fraudster gets max sentence for conning firms, catfishing (6:28)

Monday, October 16, 2017

Ep. 24: SPECIAL GUEST - New ABA Head Talks Gender Equality & Better Legal Education

The legal profession is facing some big challenges including stagnation in the advancement of women and legal education that may not be adequately preparing future lawyers. Hilarie Bass, the new president of the American Bar Association, comes on the show to talk about what the ABA is doing to make progress on these fronts. Also on this week’s show, we discuss a lawsuit filed in the wake of the Las Vegas mass shooting over bump stock devices that allow semiautomatic weapons to behave like fully-automatic machine guns, the explosive phone calls between a pair of HSBC traders who allegedly defrauded their client in a $3.5 billion foreign exchange scam, and a copyright suit over a 24-year-old Meat Loaf hit.

Full Show (Runtime: 32:14) Top News: MGM and bump stock seller sued over Las Vegas mass shooting (7:52) Top News: Jury hears recordings of HSBC traders saying “I think we got away with it” (7:38) Main Story: ABA President Hilarie Bass on her plans to improve the profession (11:03) Offbeat: I would do anything for love (but I won’t copy your song) (5:29)

Monday, October 9, 2017

Ep. 23: Will The Supreme Court End Worker Class Actions?

Can employers force workers to sign away the right to bring class actions, or does that violate federal labor law? That’s the issue the Supreme Court tackled this week, and senior employment reporter Vin Gurrieri joins the show to tell us all about his trip to the oral arguments and how the justices may be leaning. Also on this week’s show, we discuss a BigLaw firm sued by a former client despite winning the company a $42.5 million verdict, we check in on the latest charges over the failed Fyre Fest, and we say goodbye to rock legend Tom Petty with a story about his laid-back approach to legal matters.

Full Show (Runtime: 28:32) Top News: Winston & Strawn wins a $42.5M verdict and still gets sued by its client (6:18) Top News: Manhattan prosecutors beef up charges against one Fyre Fest organizer (4:07) Main Story: High Court tackles class action waivers in employment agreements (12:55) Offbeat: Tom Petty’s chill way of handling copyright disputes (5:09)

Monday, October 2, 2017

Ep. 22: SUPREME COURT SPECIAL - Ex-Solicitor General Talks Big Cases Ahead

This week's Pro Say is our Supreme Court preview special, where we spend the entire show with a former acting U.S. Solicitor General talking about why the upcoming Supreme Court term could be a blockbuster one. Ian Gershengorn, now the chair of Jenner & Block’s appellate and Supreme Court practice, discusses the term’s most high profile cases, including Trump's immigration travel ban, political gerrymandering, and whether a baker can refuse to make a cake for a same-sex wedding.

Full Show: Ian Gershengorn previews the Supreme Court term (Runtime: 28:29)

Tuesday, September 26, 2017

PREVIEW: Get Ready For The New Supreme Court Term

Are you ready for the new Supreme Court term? We’ve got an episode of Pro Say coming up that will help you know what to expect and catch up on the cases you should be watching. Check out this preview of our talk with former acting U.S. Solicitor General and current chair of Jenner & Block’s appellate and Supreme Court practice Ian Gershengorn who tells us why the upcoming Supreme Court term could be a blockbuster one. Then, check back on Sept. 29 for our full episode previewing the Supreme Court term. (Runtime: 1:12)

Monday, September 25, 2017

Ep. 21: How Do You Judge A Federal Judge?

When a federal judge with a lifetime appointment stops playing nice with other judges and won’t fully participate in the work of the court, what can be done? An Ohio federal judge was asked to submit to a mental health evaluation after that exact type of scenario played out recently -- and he wasn’t happy about it. Senior legal ethics reporter Andrew Strickler joins us to talk about the lawsuit that judge has filed and how far court authorities can go to control judges. Also on this week’s show, we discuss pharmaceutical giant Allergan using a creative legal maneuver involving Native Americans to shield drug patents from review, sentencing news related to the fall of law firm Dewey & LeBoeuf, and how the Grinch couldn’t steal fair use.

Full Show (Runtime: 27:44) Top News: Pharma giant Allergan gets creative in shielding its patents from review (7:05) Top News: Criminal sentencing related to the fall of Dewey & LeBoeuf (4:45) Main Story: What can be done when a judge’s conduct becomes a problem? (9:10) Offbeat: Raunchy ‘Grinch’ play is clearly a parody (6:44)

Monday, September 18, 2017

Ep. 20: Could Equifax Investors Win A Post-Breach Lawsuit?

Legal action by investors in the wake of high-profile data breaches has yielded mixed results in recent years, but the tide could be turning following last week’s news of a hack against consumer credit reporting agency Equifax. Senior securities reporter Carmen Germaine comes on the podcast to walk us through what Equifax may be facing. Also on this week’s show, we discuss a House-passed bill about regulating self-driving cars, the NFL’s legal battle with Dallas Cowboys running back Ezekiel Elliott, and a comedy duo facing legal trouble over their appearance on a Wisconsin morning show.

Full Show (Runtime: 28:58) Top News: What you need to know about the SELF DRIVE Act (7:14) Top News: The NFL and Ezekiel Elliott land in court (6:46) Main Story: Will investors find success suing after the Equifax breach? (9:00) Offbeat: Comedy duo sued after in-character appearance on “Hello Wisconsin” (5:38)

Monday, September 11, 2017

Ep. 19: DACA Debacle, Plus Bribery, Ponzi Schemes & Steinbeck

The Trump administration recently made the controversial decision to phase out Deferred Action for Childhood Arrivals, a program that prevents the deportation of unauthorized immigrants brought to the United States as children. Senior immigration reporter Allissa Wickham comes on the show to discuss the aftermath of the rollback, including whether Congress will pass legislation to help these young immigrants and a lawsuit launched by 15 states to try to save DACA. Also on this week’s show, we discuss Hunton & Williams shelling out $34 million to settle allegations it aided a $7 billion Ponzi scheme, the kickoff of Senator Robert Menendez’s bribery trial, and a $13 million jury verdict over classic literature and movie-deal sabotage.

Full Show (Runtime: 32:11) Top News: Hunton & Williams pays $34M related to Ponzi scheme (7:49) Top News: Senator Menendez to claim it wasn’t bribery, just friendship (5:59) Main Story: Will Congress or the courts save DACA? (12:08) Offbeat: Steinbeck heirs duke it out over movie plans (5:52)

Monday, September 4, 2017

Ep. 18: SPECIAL GUEST - Judge Richard Kopf, On Posner & The State Of The Judiciary

As students head back to school we issue a report card of our own to the judiciary. Nebraska federal judge Richard Kopf joins us to rate the courts as part of his review of Seventh Circuit Judge Richard Posner's new book on the state of the judicial branch. Also on this week’s show, we discuss the lawsuits challenging the Trump administration’s looming ban on transgender individuals serving in military as well as a booted settlement in a case accusing Subway of promising customers footlong sandwiches that were actually undersized.

Full Show (Runtime: 29:39) Top News: Suits pile up against transgender military ban (8:55) Main Story: Nebraska federal judge Richard Kopf reviews Posner's “Federal Judiciary” (15:07) Offbeat: Subway settlement for 11-inch “footlongs” axed by 7th Circ. (5:29)

Monday, August 28, 2017

Ep. 17: Why Aren’t Law Firms More Diverse?

Law firms have made no real progress over the past year in diversifying their workforce, according to the latest Law360 Diversity Snapshot. To talk about the results of the survey of more than 300 law firms and what some firms are doing to buck the trend, we’re joined by Law360 In Depth reporter Erin Coe. Also on this week’s show, the hosts discuss an attorney who was fired for promoting neo-Nazi heavy metal bands and the legal implications of firing workers with similar ties, the role of science in a whopping $417 million verdict against Johnson & Johnson in a case over the link between baby powder and cancer, and how the legal world reacted to the recent solar eclipse.

Full Show (Runtime: 32:13) Top News: Can you get in legal hot water for firing a Nazi? (9:16) Top News: Science is no salve for J&J as jurors award $417M in talc case (6:35) Main Story: Law firm diversity progress stagnates, according to Law360 study (8:57) Offbeat: A total eclipse of the legal system (7:05)

Monday, August 21, 2017

Ep. 16: Teamsters Recipe For Burning 'Top Chef'

A two-week trial that saw clashes between union reps and reality television producers wrapped up in Boston this week after a jury acquitted four Teamsters of trying to strong-arm their way on to a production team for the popular cooking show Top Chef. We’re joined by court reporter Brian Amaral, to share some stories from inside the courtroom. Also on this week’s show, the hosts discuss a trial where DirecTV could be on the hook for $4 billion for allegedly misleading customers about subscription fees, a defamation suit against the New York Times brought by a professor who says he was misquoted to make it seem like he defended slavery, and an Illinois lawyer hit with a disciplinary complaint after creating a bogus dating profile for a rival attorney.

Full Show (Runtime: 31:40) Top News: FTC trial alleging DirecTV owes consumers $4B (7:26) Top News: NYT must face a defamation suit over a slavery quote (7:04) Main Story: A look inside the courtroom brawl between the Teamsters and Top Chef (10:15) Offbeat: When a courtroom rival creates a bogus dating account in your name (6:35)

Monday, August 14, 2017

Ep. 15: What Do You Do When You Think A Worker Is Mentally Ill?

If you’re an employer, how do you react when one of your workers starts exhibiting erratic behavior? Senior employment reporter Braden Campbell joins us to talk about what to do -- and what not to do -- when it comes to mental illness. Also on this week’s show, the hosts discuss a landmark 7th Circuit ruling upholding the first conviction for the market manipulation tactic known as “spoofing,” two copyright cases involving Instagram and Beyonce that could be the next frontiers of fair use, and Levar Burton’s legal woes over childhood favorite Reading Rainbow.

Full Show (Runtime: 31:46) Top News: 7th Circ. upholds first “spoofing” conviction (6:29) Top News: Beyonce, Richard Prince cases could be next big thing in fair use (9:03) Main Story: How to deal with mentally ill workers without ending up in court (9:17) Offbeat: Levar Burton’s IP woes over Reading Rainbow (6:36)

Monday, August 7, 2017

Ep. 14: On Patents, Is One Judge Bucking The Supreme Court?

The rural Eastern District of Texas had become the hub of patent law in the United States, but then along came a Supreme Court ruling that threatened to change all that. Senior patent reporter Ryan Davis joins us to talk about one Texas judge that isn't exactly taking the ruling lying down. Also on this week’s show, the hosts discuss internet giants including Google and Facebook opposing a bill aimed at combating sex trafficking, an ex-King & Spalding associate suing the firm for allegedly firing him in retaliation for reporting ethical breaches, and the ACLU’s defense of John Oliver’s constitutional right to be mean on television.

Full Show (Runtime: 28:56) Top News: Google, Facebook oppose anti-sex trafficking bill (8:20) Top News: King & Spalding sued by attorney allegedly fired for reporting ethical breaches (4:25) Main Story: One Texas district court judge aims to keep the Supreme Court from destroying his patent law kingdom (10:55) Offbeat: Cheeky ACLU brief says “John Oliver was mean to you, Bob. So what?” (4:58)

Monday, July 31, 2017

Ep. 13: Why Are All The Partners Men?

Are you looking around your firm and seeing a lot of men in leadership? This week Law360 released our latest Glass Ceiling Report, a look at the progress of women at law firms, and the findings are overall pretty bleak. Law360 In Depth reporter Natalie Rodriguez talks us through the report and what firms can do to advance gender equality. Also on this week’s show, the hosts discuss an eye-popping $150 million jury verdict against drugmaker Abbvie, a suit that saw the leak of information about 50,000 Wells Fargo customers, and the bizarre story of the U.S. Postal Service being sued over a fake Statue of Liberty.

Full Show (Runtime: 29:48) Top News: 50,000 Wells Fargo customers have data revealed during discovery (7:05) Top News: Abbvie Hit with complicated $150M verdict (5:45) Main Story: Law firms making only incremental progress on gender equality (10:17) Offbeat: So-called “sexy” Statue of Liberty is causing heartache for USPS (6:24)

Monday, July 24, 2017

Ep. 12: All Eyes On Litigation Funding, Plus DMX’s Courthouse Rap

Hulk Hogan’s company-killing lawsuit against Gawker, largely funded by Silicon Valley billionaire Peter Thiel out of a grudge against the media company, cast a harsh light on the little-known world of third-party litigation funding. Andrew Strickler, senior legal ethics reporter, comes on the show to talk about why the attention from the case is making litigation funders nervous. Also on this week’s show, the hosts discuss Massachusetts’ highest court ruling that employers can be held liable for disability discrimination if they fire an employee for using medical marijuana, a Ninth Circuit ruling about whether a judge’s Twitter activity merits recusal, and the latest legal woes of rapper DMX.

Full Show (Runtime: 29:03) Top News: Massachusetts says employees can’t be fired for using medical marijuana (7:01) Top News: Ninth Circuit weighs in on whether a judge’s Twitter activity merits recusal (5:09) Legal Industry Minute: Law firm leaders say second half of 2017 looking bright, firms are moving away from non-equity role & Trump taps Ty Cobb to join legal team (1:26) Main Story: Gawker case puts all eyes on litigation funding (9:03) Offbeat: The latest legal woes of rapper DMX (6:03)

Monday, July 17, 2017

Ep. 11: Lateral Vetting Woes, Plus Monkeying Around With Copyrights

When you hire a lateral attorney do you always know what you are getting? Most firms take steps like background checks, but that doesn’t mean they always find out if an attorney has engaged in improper, or even illegal, conduct. Senior white collar reporter Jody Godoy comes on the show to walk us through some of the problems BigLaw is facing as it looks to vet new hires. Also on this week’s show, the hosts discuss a contentious trial where Quincy Jones says he’s been stiffed on $30 million in royalties from the Michael Jackson estate, a federal regulation that could lead to more class actions against banks, and some monkey business over a jungle selfie.

Full Show (Runtime: 28:30) Top News: Quincy Jones & Michael Jackson royalties trial kicks off (5:30) Top News: Rule issued to make it easier to bring class actions against banks (4:42) Legal Industry Minute: Legal industry is on a job creation hot-streak, firms are on track to hit record number of mergers & BigLaw history of FBI nominee Wray (1:25) Main Story: Firms should beware of the pitfalls of lateral attorney vetting (9:36) Offbeat: A bananas 9th Circuit oral argument about a curious ape (7:14)

Monday, July 10, 2017

Ep. 10: HIGH COURT SPECIAL - Law360 Talks With RBG, Plus A Term-End Recap

This week’s Pro Say is our Supreme Court special, with guests who join us to talk about exclusive interviews they’ve done with two of the court’s powerhouse women. Senior reporter Jackie Bell discusses her sit down with Justice Ruth Bader Ginsburg and RBG’s views on diversity on the bench. Then, senior reporter Ed Beeson stops by to talk about his interview with Justice Sonia Sotomayor and what she sees as the power of dissents. Also on this weeks show, the hosts break down the workmanlike Supreme Court term and what it taught us about the kind of justice Neil Gorsuch is shaping up to be.

Full Show (Runtime: 32:00) SCOTUS Recap: Lessons from the term & what we know about Gorsuch so far (12:18) Main Story pt.1: Ginsburg’s view of the importance of a diverse High Court bench (9:12) Main Story pt. 2: Sotomayor’s take on the power of dissents (10:30)

Monday, July 3, 2017

Ep. 9: Travel Ban At The High Court, Plus Everyone Hates Shkreli

The Supreme Court has agreed to weigh the constitutionality of President Trump’s immigration travel ban in a case that pits executive power in the name of national security against a policy some say was just a smokescreen for religious discrimination. Senior immigration reporter Allissa Wickham stops by to talk through the arguments on both sides and what will happen during this summer of limbo with a partial ban. We’ll also talk about the start of the long-awaited fraud trial of Martin Shkreli, the infamous “pharma bro” known for for jacking up the price of a crucial HIV drug by 5000 percent. Spoiler alert: potential jurors didn’t like him much. And we’ll check in on Gawker’s war with Silicon Valley titan Peter Thiel who funded the Hulk Hogan lawsuit that ultimately shuttered the company.

Full Show (Runtime: 27:00) Top News: Team for “Pharma Bro” Shkreli has a tough time finding unbiased jurors (6:57) Top News: Gawker gets OK to probe Thiel's dealings with a law firm behind case that doomed the company (3:47) Legal Industry Minute: DLA Piper grapples with a ransomware attack, more on firms facing equal pay litigation & Paul Hastings to pay $46.5 million in fiduciary breach suit (1:43) Main Story: High Court takes up contentious travel ban case (9:13) Offbeat: Dentons associate arrested for trying to extort partners at the firm (5:08)

Monday, June 26, 2017

Ep. 8: The Tough Class Action Landscape, Plus Redskins Score Big

This week the Supreme Court ruled to limit where mass torts can be filed, just the latest decision that makes it hard to win class action lawsuits. Law360 In Depth reporter Sindhu Sundar comes on the show to walk us through the current state of the class action law and what steps firms are taking to thrive in a market that has undergone big changes. The Pro Say hosts discuss the high court handing the Washington Redskins a final victory in the decades-long battle over the team’s name and also share updates on gender bias litigation brought by partners against Chadbourne and Parke and Proskauer Rose.

Full Show (Runtime: 36:42) Top News: High Court OKs “offensive” trademarks like Redskins (11:37) Top News: The latest on BigLaw partners suing for gender discrimination (4:03) Legal Industry Minute: Anderson + Wanca sues ex-associate over trade secrets, public company GCs see higher paydays, & first openly LGBT judge nominated to NY high court (1:33) Main Story: MDLs are the new darling as firms adapt to the tough class action landscape (14:03) Offbeat: A legal fight over a big prize in a billfish tournament, hubris, and polygraph tests (5:22)

Monday, June 12, 2017

Introducing Law360's Pro Say Podcast

Hosts Amber McKinney, Bill Donahue and Alex Lawson give a look at what to expect from Law360's weekly Pro Say podcast. Why did we start this thing? What kind of stories can you expect each week? Click play to find out. (Runtime: 2:03)

Monday, May 22, 2017

Ep. 7: The Fallout From Ransomware, Plus Uber's IP Woes

The giant WannaCry ransomware attack rocked the globe last week, but that might be nothing compared to the legal aftershocks. Law360 senior privacy reporter Allison Grande joins the show to discuss the possible legal repercussions from the breach and what companies can do to make sure they aren’t impacted by the next one. The Pro Say hosts dive in to the newest developments in the self-driving car war between Google’s Waymo and Uber and discuss the latest law firm to be hit with a gender bias suit by a female partner.

Full Show (Runtime: 29:39) Top News: A ride through the self-driving car war between Google’s Waymo and Uber (7:48) Top News: The latest law firm to be hit with a gender bias suit by a female partner (5:04) Legal Industry Minute: California bar passage rate dips, higher percentage of law school grads have jobs, Seyfarth Shaw lays off 40 employees (1:16) Main Story: WannaCry ransomware attack has legal aftershocks (11:36) Offbeat: A lobster poacher on the hook for restitution to the South African government (3:54)

Monday, May 15, 2017

Ep. 6: AIG's Bailout Battle, Plus Trump's Judges

While the 2008 financial crisis may have been nearly a decade ago, wrangling over federal bailouts is still making its way through the courts. Law360’s senior banking reporter Evan Weinberger comes on the show to walk us through a case challenging the constitutionality of the government takeover of insurance giant AIG and what it means for government power during a crisis. We also take a look at Donald Trump beginning to put his stamp on the federal judiciary with the nomination of 10 judges while 129 judicial vacancies remain. Then, we close the book on the long-running criminal case over the collapse of law firm Dewey & LeBoeuf with a look at the verdict, how the DA was more successful in the second trial, what jurors really thought, and just how hard it is to convict C-suite executives.

Full Show (Runtime: 29:02) Top News: Trump nominates 10 federal judges (6:46) Top News: The final chapter in the Dewey criminal saga (6:11) Legal Industry Minute: Legal jobs bouncing back, Allen & Overy’s new performance review system, and Reed Smith program for new parents (1:10) Main Story: AIG bailout constitutionality & implications for government crisis power (11:10) Offbeat: Lawsuit over Starbuck’s viral sensation, the unicorn frappucino (3:55)

Monday, May 8, 2017

Ep. 5: Trouble Indemnity, Plus Fyre Festival Debacle

In a buyer’s market for BigLaw services, corporate clients are increasingly getting firms to shoulder the risk of unforeseen or unwelcome outcomes from legal work. These indemnity provisions can have a serious downside, as Law360 senior legal ethics reporter Andrew Strickler explains on today’s show. The Pro Say hosts talk about the legal fallout from the Fyre Festival, a private-island music festival that was billed by its organizers -- including Ja Rule -- as the “cultural experience of the decade,” but devolved into something at least one lawsuit has described as more like “The Lord of the Flies.”

Full Show (Runtime: 29:16) Top News: Fyre Festival crashes and burns and suits are rolling in (7:35) Top News: DOJ wins in court to block the $54B healthcare merger of Anthem and Cigna (4:40) Legal Industry Minute: Obama-era solicitor general rejoins Jenner & Block & law firm merger developments (1:25) Main Story: Indemnity provisions can put law firms on the hook for big risks (10:13) Offbeat: The Eagles sue alleged real-life Hotel California over TM use (5:22)

Monday, May 1, 2017

Ep. 4: Bid Adieu To Dewey, Plus Trump's New Trade Weapon

A pair of guests - reporters Jody Godoy and Stewart Bishop - come on the show to share stories about their time in court covering the second criminal case related to the fall of law firm Dewey & LeBoeuf. We’ll also take a look at the implications of Trump’s trade moves and discuss a group of Lyft drivers who have hit Uber with a lawsuit over tracking software nicknamed “Hell.”

Full Show (Runtime: 26:39) Top News: Trump’s recent trade moves (5:28) Top News: Uber hit with lawsuit over tracking Lyft drivers with “Hell” software (5:05) Legal Industry Minute: Ranking of 1Q BigLaw lobbying, Fried Frank bonuses to administrative staff, & Kirkland snags ex-Obama counsel (1:35) Main Story: A look back at criminal cases related to the fall of Dewey & LeBoeuf (9:27) Offbeat: How much profanity can you post to Facebook before you lose labor law cover? (5:04)

Monday, April 24, 2017

Ep. 3: A Firing At Chadbourne, Plus Michael Jackson's Taxes

On the heels of a gender discrimination suit lodged against Chadbourne & Parke LLP, firm members just voted out the partner who brought the suit. Vin Gurrieri, Law360 senior employment reporter, joins the show to talk about this latest development in a case that has put a spotlight on pay disparity in BigLaw. The hosts discuss a bombshell tax case involving Michael Jackson, hundreds of millions of dollars, lying on the witness stand, and . . . Whitney Houston. Also, we’ll look at a high court ruling with broad implications for litigation misconduct sanctions.

Full Show (Runtime: 29:25) Top News: Bombshell Michael Jackson tax case (6:27) Top News: Supreme Court tackles litigation misconduct sanctions (5:00) Legal Industry Minute: Associates stick with BigLaw & developments in investigation of the death of a NY appellate judge (2:03) Main Story: Pay disparity in BigLaw, the case of Chadbourne & Parke (10:58) Offbeat: Would-be lawyer who doctored his verdict slip (4:55)

Monday, April 17, 2017

Ep. 2: United's Debacle, Plus Gorsuch's Big Cases

Everyone watched the video of a passenger being forcibly removed from an overbooked United Airlines flight. This week, we’re joined by senior transportation reporter Linda Chiem who talks us through the potential legal fallout. We’ll also tackle newly minted Supreme Court Justice Neil Gorsuch’s start on the bench, with a look at two cases where his vote could be the deciding one.

Full Show (Runtime: 27:09) Top News: Cases where Justice Gorsuch may be the deciding vote (10:00) Legal Industry Minute: Death of first black woman on NY’s appellate bench, MBE pass rates, & Boies Schiller acquisition (1:42) Main Story: Potential legal fallout of United Airlines bloody passenger removal (9:43) Offbeat: BigLaw partner arrested after being on the lam for 20 years (5:43)

Monday, April 10, 2017

Ep. 1: Hacking BigLaw, Plus Dan Aykroyd's Vodka

Do you think cyber attacks only happen to multinational corporations and government targets? Not so, says Law360 In Depth reporter Ed Beeson, who comes on the show to discuss how hackers are increasingly targeting BigLaw and what the industry can do to stay safe. The hosts also discuss comedy legend Dan Aykryod’s vodka company winning a trademark case over its skull-shaped bottles, and a landmark Seventh Circuit ruling about sexual orientation discrimination.

Full Show (Runtime 26:49) Top News: Dan Aykroyd’s vodka company TM win (4:37) Top News: Landmark 7th Circ. ruling about sexual orientation bias (5:30) Legal Industry Minute: Cost of joining the Trump administration, crumbling mergers & Chadbourne partner vote (1:56) Main Story: Hackers are targeting BigLaw, here’s how to stay safe (10:20) Offbeat: What NOT to do when filing your next legal brief (4:24)