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Law360's Pro Say - News & Analysis on Law and the Legal Industry
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Law360's Pro Say - News & Analysis on Law and the Legal Industry

Author: Law360 - Legal News & Analysis

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Pro Say is a weekly legal news 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.
170 Episodes
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.
Ep. 161: Bar Exam Chaos

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.
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.
It was a year of big surprises at the Supreme Court: A pandemic forced the justices to hold telephonic arguments; conservative Chief Justice John Roberts sided with the liberal wing on abortion and immigration rights, and the conservatives battled each other in the pages of dissenting opinions. We welcome Law360 Supreme Court reporter and Term podcast host Jimmy Hoover on this week’s episode to help us make sense of it all. Also this week: the Trump administration’s flip-flop on student visa policy; the looming crisis of evictions during the pandemic; and the funniest moments from the Supreme Court term.
The Supreme Court ended its term with a bang by issuing a pair of decisions on whether state prosecutors and federal lawmakers can access the president’s financial records. We break down the monumental rulings on this week’s episode, as the high court rejected the administration’s claims of absolute immunity and kicked the cases back into the judicial pipeline. Also this week: Employers would be wise to avoid COVID-19 liability waivers as they reopen their offices and California federal judge William Alsup calls the government’s case against a Russian hacking suspect “mumbo jumbo” and “gobbledygook.”
The Supreme Court took a bite out of the Consumer Financial Protection Bureau this week by allowing the at-will firing of its director, but the justices stopped short of dismantling the Obama-era watchdog completely. Law360 senior banking reporter Jon Hill joins the show this week to break down the decision and what it could mean for the future of other independent federal agencies. Also this week: a surprising victory for abortion rights advocates at the high court; and a pair of ill-advised attorneys in St. Louis who brandished firearms in their front yard as protestors marched down their street.
A landlord claims that Jenner & Block owes almost $4 million in unpaid rent on its Chicago office, but the firm responded this week that its lease was effectively broken by the COVID-19 pandemic thanks to a special provision in its contract. On this week’s episode, we’re breaking down this brewing showdown between BigLaw and BigLandlord. Also this week: an appellate court rules that federal prosecutors can drop charges against former Trump adviser Michael Flynn; a huge damages award and an even bigger settlement in a pair of cancer product liability cases; and a victory for Twitter in the legal battle over a fake cow that makes fun of Rep. Devin Nunes.
The U.S. Supreme Court issued two big rulings this week, first handing down a landmark opinion protecting LGBT workers’ rights and then blocking the Trump administration from rolling back protections for young immigrants. This week we’re breaking down both, including an interview with former employment watchdog Chai R. Feldblum about the long-awaited Title VII decision. Also on this week’s show: the government lawsuit aimed at blocking the release of John Bolton’s book.
Protests over police brutality and racial injustice continue across the nation, and the judiciary is beginning to take notice. On this week’s show, we discuss a Fourth Circuit decision that denied legal immunity to five police officers in the killing of an unarmed black man and invoked the George Floyd case in the process. Also this week: a suit over a coronavirus vaccine being held “hostage”; the largest whistleblower award ever handed out by the SEC; and a judge suspended for waging a $67 million legal war over lost pants.
George Floyd’s death at the hands of the Minneapolis police has led to charges against several officers. But prosecution of cops is rare, and rarer still are successful suits brought by the victims themselves. Why is it so hard to hold the police accountable? We're joined by University of Chicago Law School professor Will Baude to discuss how qualified immunity shields the police. Also this week, a look at BigLaw's reaction to police brutality and racial injustice; a pair of attorneys accused of hurling a Molotov cocktail; and a judge who says calling an attorney the c-word was a compliment.
Over the past few weeks, federal prosecutors have launched a wave of criminal cases accusing people of trying to take advantage of the COVID-19 pandemic. On this week’s show, we’re breaking them all down, including a New Jersey car salesman who sold price-gouged masks and a New York City man who tried to get millions in relief loans. Also on this week’s show, a big environmental ruling from the Ninth Circuit that could set the stage for a new rush of climate change cases filed in state courts.
COVID-19 has forced BigLaw firms to abandon their opulent offices and transform their lawyers into remote workers, pushing many firm leaders to question the enormous price they pay for high-end real estate. Joining us this week to discuss is Law360’s Brandon Lowrey, who will break down what the post-pandemic law office might look like. Also this week: A looming eviction crisis in New York City housing court; accusations of “pandemic profiteering” as Uber and Grubhub consider merging; and a federal judge who refuses to stop quoting movies in his opinions.
Best-selling author Scott Turow practically invented the legal thriller, and his latest novel “The Last Trial” hit bookshelves this week. We talk with Turow about his legal career, why capturing the nuances of the law is so important to his writing, and what it means to say goodbye to one of his most beloved characters. Also this week: a big ruling on President Trump’s emoluments problem; a bizarre turn of events in the criminal case against Michael Flynn; and a ruling that strip clubs must also receive stimulus cash.
Manhattan federal judge Jed Rakoff joins the show this week to discuss the many challenges facing the court system in the era of social distancing, ranging from urgent prisoner release requests to the often unwieldy process of holding hearings over the phone. Also this week: The notoriously silent Justice Clarence Thomas keeps chiming in during high court’s teleconference arguments; the U.S. Women’s soccer team’s equal pay lawsuit suffers a blow; and the gang plunges the depths of the Supreme Court’s toilet-flushing mystery.
The end of social distancing will likely mean the start of unprecedented new public surveillance, putting efforts to halt new outbreaks on a collision course with basic civil liberties. Joining us this week discuss the complex legal problems that lie ahead is Law360 reporter RJ Vogt. Also on this week’s show: Accusations that a lawyer threatened to release confidential information about WilmerHale and Toyota; a Supreme Court ruling that averted a “pay-per-law” system; and a truly unfortunate Lynyrd Skynyrd cover performed by Ohio’s attorney general.
The 1918 flu pandemic is the closest historical precedent for our current crisis, and it produced a slew of interesting court rulings — dealing with teachers who were denied pay, botched medications, and a triple homicide that led to a groundbreaking Supreme Court ruling on police misconduct. On this week’s show, we’re taking you through all of them. Also this week: The latest high court showdown over “stare decisis”; a cannabis company files a pioneering bankruptcy case; and a Florida attorney who refused to keep his pants on.
A judge in Florida has an urgent plea to attorneys during the coronavirus pandemic: Please put on a shirt before logging in to a court hearing via videoconference. On this week’s show, we’re talking about that attire warning and how it’s not that hard to put on a shirt. Also on this week’s show: 3M launches a legal war against mask price-gougers; employment attorneys struggle to keep up with the wave of unemployment claims; and experts predict a wave of malpractice lawsuits after the crisis subsides.
The U.S. Supreme Court has issued its first ruling dealing with COVID-19, refusing to postpone Wisconsin’s election. On this week’s show, we’re breaking it down: The decision, the blowback, and how the court might rule on future coronavirus fights. Also this week: A brewing legal battle over how insurance applies to the businesses shuttered by the pandemic; chaos and confusion reign as immigration courts stay open during the crisis; and a New Jersey attorney who faces social-distancing criminal charges over a Pink Floyd tribute concert.
After a brief hiatus, the Pro Say podcast is back with a brand new episode. On this week’s show, we’re talking about how lawyers and courts are continuing to grapple with the coronavirus pandemic; a class action against Zoom that claims the suddenly-ubiquitous service isn’t keeping personal information safe; and the many, many lawsuits involved in Netflix’s “Tiger King.”
Due to the coronavirus pandemic, the Pro Say podcast is on a brief hiatus. In its place, please enjoy the third episode of Law360 Explores: Legalization, our look at the perils, pitfalls and promise of legal cannabis. As states open their doors to marijuana, they have to figure out the rules to govern it. On this episode we take a trip to California to explore that state’s efforts to control a booming industry — and why some business owners say it is pushing them to stay illegal.
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