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

Saturday, September 14, 2019

Ep. 120: Is The Gig Economy Doomed In California?

The California state legislature passed a bill this week making it harder for businesses to classify their workers as independent contractors, and it could be especially disruptive for the likes of Uber, Lyft and other so-called gig economy companies. Fisher Phillips employment partner Jim Fessenden joins the show this week to discuss the potential fallout from the bill. Also this week, Purdue Pharma’s huge opioid settlement and Jones Day’s redaction flub.

Full Show (Runtime: 24:53)

Saturday, September 7, 2019

Ep. 119: How An Ex-Skadden Pro Beat Lying Charges

Former Skadden attorney and ex-White House counsel Gregory Craig was acquitted this week on charges that he lied about work he did for the Ukrainian government. To unpack the thorny trial we're joined by legal ethics reporter Andrew Strickler. Also this week: The White House has to return a Playboy reporter's press pass; a Texas judge is scolded for closing his courtroom to protest Kavanaugh's confirmation; and a nesting doll of music samples involving Notorious B.I.G.

Full Show (Runtime: 36:20)

Saturday, August 31, 2019

Ep. 118: Why Are Cops Photoshopping Mugshots?

When a bank robbery suspect's face tattoos didn’t appear in eyewitness descriptions or security camera footage, police edited them out of his mugshot. The incident has sparked outrage from activists, but photoshopped police lineups are surprisingly common. Reporter RJ Vogt joins us this week to explain the controversial practice, why it’s done, and when it goes too far. Also this week: A former Google engineer is arrested for taking self-driving car secrets to Uber, and Johnson & Johnson is hit with a $572 million verdict over its role in the opioid epidemic.

Full Show (Runtime: 33:36)

Saturday, August 24, 2019

Ep. 117: Can A Robot Get A Patent?

For the first time ever, patent applications have been filed for a pair of inventions that were created by artificial intelligence – a situation that will force patent offices to grapple with thorny questions straight out of science-fiction. Senior intellectual property reporter Ryan Davis joins us this week to break down the issue. Also this week, Jones Day’s ongoing discrimination woes; a judicial dustup in DC over a reply-all email about climate change; and a lawsuit against Antonio Brown involving a frozen fish head.

Full Show (Runtime: 36:25)

Saturday, August 17, 2019

Ep. 116: Down Goes LeClairRyan

LeClairRyan is no more. After years of losing money and hemorrhaging talent, the once-powerful Virginia firm announced last week that it would close its doors. Legal industry reporter Sam Reisman joins us this week to talk LeClairRyan -- the firm’s quick rise to national prominence, its unusual gamble on legal services, and how those choices ultimately led to its demise. Also this week: A ruling that allowed seven million people to sue Facebook over face-scanning; a judge who says his “grandmother” could have filed a case; and Ohio State University’s claim to a trademark on the most common word in the English language.

Full Show (Runtime: 29:44)

Friday, August 9, 2019

Ep. 115: Can Mexico Extradite The El Paso Shooter?

Last week’s mass shooting in El Paso killed eight Mexican citizens, leading Mexico’s government to suggest that it will take the unusual step of seeking to extradite the shooter. To discuss the legal and practical dimensions of the situation, we’re joined this week by John Bellinger, a partner at the law firm Arnold & Porter and a former legal adviser at the U.S. State Department. Also this week: a libel lawsuit filed by Sarah Palin against the New York Times; an egregious closing argument about what jurors “haven't seen”; and a weird copyright fight over the Phillie Phanatic.

Full Show (Runtime: 37:54)

Saturday, August 3, 2019

Ep. 114: Burnt Out? Try Being An Immigration Lawyer

Immigration lawyers are burnt out. The first two years of the Trump administration have been a whirlwind of abrupt policy decisions, nationwide injunctions and deep uncertainty, and all that chaos is taking its toll on the attorneys in the trenches. Immigration beat reporter Nicole Narea joins us this week to talk about what lawyers are doing to stay sane. Also this week: mass confusion for law students gearing up for the California bar exam; another music copyright verdict, this time against Katy Perry; and a big appellate ruling — about banana costumes.

Full Show (Runtime: 38:26)

Friday, August 9, 2019

Ep. 113: Pay For Our Lawyers, Even If We Lose

This week’s hosts-only show tackles a trio of developments, all with high stakes and big money attached. We discuss a brewing Supreme Court fight over the U.S. U.S. Patent and Trademark Office’s unusual policy of demanding attorney fees from litigants who challenge agency, regardless of who wins the case. We also share the latest on two big privacy settlements — Equifax paying $700 million to resolve fallout from a 2017 data breach and Facebook shelling out a record $5 billion to the Federal Trade Commission. And we drill down on a criminal indictment against a drug distributor that may be part of the Justice Department's new playbook to curtail the opioid crisis. Finally, Jimmy Hoover drops in with a harrowing anecdote about parallel parking under the watchful eye of the Supreme Court.

Full Show (Runtime: 35:20)

Saturday, July 20, 2019

Ep. 112: Remembering John Paul Stevens

John Paul Stevens, a liberal icon who spent more than three decades as a justice on the U.S. Supreme Court, died Tuesday at the age of 99. On this week’s show, Supreme Court reporter Jimmy Hoover breaks down the life and legal legacy of the late justice. Also on this week’s show: A ruling upholding New York City’s ban on Uber ads; a novel foray into plaintiff-side work for BigLaw giant Kirkland & Ellis; and a judge’s social-media gag order against indicted political operative Roger Stone.

Full Show (Runtime: 28:41)

Saturday, July 13, 2019

Ep. 111: High Court Pro Neal Katyal Talks Trends & Trump’s Census About-Face

The Supreme Court term is over, but what will we remember 10 years from now? On this week’s show we’re joined by former acting U.S. Solicitor General Neal Katyal who shares his take on the biggest trends, Trump finally abandoning his plan to add a citizenship question to the census two weeks after the high court ruled, and whether stare decisis is in trouble. Also this week we discuss the arrest and indictment of billionaire Jeffrey Epstein and touch down on a Ninth Circuit judge who isn’t afraid of Game of Thrones spoilers.

Full Show (Runtime: 40:08)

Saturday, June 29, 2019

Ep. 110: Census, Gerrymandering, And Last Call At SCOTUS

The U.S. Supreme Court concluded its term in dramatic fashion on Thursday, issuing a pair of blockbuster opinions on the 2020 census and partisan gerrymandering that will have sweeping implications for American elections. On this week’s show we dive deep into each of those rulings, plus touch on a trio of others from the high court’s big final week, including two important decisions on federal regulations and another on profane trademarks and free speech.

Full Show (Runtime: 33:36)

Saturday, June 22, 2019

Ep. 109: Alexander (Jones) And The Terrible, Horrible, No Good, Very Bad Week

In a series of events that’s bizarre even by his standards, conspiracy theorist Alex Jones this week accidentally turned over child pornography to people who are suing him for spreading lies about the Sandy Hook shooting, then claimed it had been planted by opposing counsel, and then issued a bounty on those lawyers. We’ll explain how that went over with a judge. Also on this week’s show, the first hotly anticipated Supreme Court ruling of the term; and an attorney who extorted millions by suing over internet porn.

Full Show (Runtime: 37:56)

Saturday, June 15, 2019

Ep. 108: Stop Calling My Phone, Robot

If there’s one thing that everyone can agree on, it’s that robocalls are an abomination. Last month, Americans received roughly five billion of them -- about 1,700 per second -- and spam calls rank as the top complaint to the Federal Communication Commission. This week, telecom reporter Kelcee Griffis joins us to explain the problem and why it’s taken so long to fix. Also this week, an update on the "Varsity Blues" admission scandal; another round of copyright litigation for Led Zeppelin; and a musical update on New York City’s favorite personal injury lawyers, Cellino & Barnes.

Full Show (Runtime: 35:19)

Saturday, June 8, 2019

Ep. 107: The Big SCOTUS Cases, Ranked

The Supreme Court is about to start a mad dash to the finish, issuing more than two dozen rulings over the next three weeks, including all of the biggest decisions of the term. This week, we count down the most important opinions to watch for, ranging from gerrymandering to free speech to the 2020 census. Also this week, a lawsuit filed by basketball superstar Kawhi Leonard against Nike during the middle of the NBA Finals and an Amish woman's legal battle to avoid having her photo taken.

Full Show (Runtime: 41:01)

Tuesday, June 4, 2019

BONUS: How To Be A Great Lawyer

A few weeks ago we were lucky enough to chat with some of the legal luminaries honored at the 2019 Burton Awards, and we asked them to share some of the lessons they’ve learned that helped them excel. In this special bonus episode hear from Second Circuit Chief Judge Robert Katzmann, Oracle General Counsel Dorian Daley and the GC of 3M Ivan Fong on what it takes to be a great lawyer.

Bonus Runtime: 10:54

Friday, May 31, 2019

Ep. 106: Will The Glass Ceiling Ever Break?

For years women have been looking around their law firms and seeing mostly men in leadership. When will things change? This week the show features an all-female panel to discuss Law360’s annual Glass Ceiling Report, which reveals a glacial pace for increased gender parity in the law. Also this week we talk to one prominent female attorney who managed to crack the glass ceiling.

Full Show (Runtime: 30:48)

Saturday, May 25, 2019

Ep. 105: The Freewheelin’ John Roberts

Have you ever wondered what Chief Justice John Roberts thinks about amicus briefs? What about his penchant for including Bob Dylan lyrics in his opinions? This week the Pro Say team went to Washington, D.C. for the Burton Awards that recognize excellence in the law, and we share with you highlights of remarks from Roberts, along with interviews of Burton honorees including Second Circuit Chief Judge Robert Katzmann, Oracle General Counsel Dorian Daley and the GC of 3M Ivan Fong.

Full Show (Runtime: 40:56)

Saturday, May 18, 2019

Ep. 104: Kavanaugh v. Gorsuch

President Trump’s two Supreme Court appointees have found themselves at odds in a surprising number of cases, most recently in a big ruling backing iPhone owners who want to sue Apple. Reporter Jimmy Hoover joins us this week to discuss both the Apple case and the rift between the court’s two newest justices. Also this week, a $2 billion cancer verdict against Monsanto; a judge who seems skeptical of President Trump’s bid to block Congressional subpoenas; and a feces-smeared check delivered to the Oklahoma Bar Association.

Full Show (Runtime: 35:35)

Saturday, May 11, 2019

Ep. 103: Justice, Outsourced

A Manhattan federal judge is “deeply troubled” that prosecutors effectively outsourced a criminal probe of Deutsche Bank to BigLaw firm Paul Weiss, saying it could have triggered constitutional violations. Reporter Jody Godoy joins us this week to discuss a tricky situation for white collar law enforcement. Also on this week’s show, a hedge fund exec heads to jail after screaming at a prosecutor during his securities fraud trial; a new study aims to figure out why so many clerks are white; and 90s classic Court TV makes a modern-day comeback.

Full Show (Runtime: 30:53)

Saturday, May 4, 2019

Ep. 102: A 'Barbaric' Recusal

A Miami federal judge issued an extraordinary recusal order this week, saying he couldn't preside over a case against UnitedHealthcare because he believes the company's refusal to pay for cancer treatments is “immoral and barbaric." Also on this week's show, we talk about an in-house attorney who's suing after being asked to serve cake because she is a woman; President Trump's lawsuit to block Congress from subpoenaing Deutsche Bank; and an Oregon man who's suing Burger King over a promise to give him free Whoppers for life.

Full Show (Runtime: 24:36)