On The Merits

At its height, the influential SCOTUSBlog provided Supreme Court coverage that drew comparisons to the comprehensive way ESPN reports on sports. But while the blog was becoming required reading for attorneys, law students, and journalists, its founder was allegedly racking up millions in gambling and tax debts. High-profile Washington attorney Tom Goldstein was indicted last month on federal charges allegedly tied to an ultra-high-stakes poker hobby involving billionaires, professional gamblers, Hollywood stars, and trips to Macau. Goldstein—a seasoned litigator known as a risk-taker both in court and at the poker table—was arrested Feb. 10 after prosecutors said he violated the terms of his release by hiding cryptocurrency accounts from pretrial services and transferring funds without approval. He has since filed an emergency motion challenging his detention. On this episode of our podcast, investigative reporter Alexia Fernández Campbell and legal reporter Holly Barker discuss the story that’s riveting the legal world. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

Big law firms are increasingly feeling pressure to grow, and many use mergers with other firms to expand. But a recent Bloomberg Law analysis reveals that about two-thirds of the 18 largest mergers within the past 15 years saw slower revenue growth than their competitors. Bloomberg Law reporter Meghan Tribe joins the podcast to talk about why firms merge, what challenges they face, and what the most successful mergers look like. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

People are always finding new ways to listen to music, from vinyls and cassettes to stolen downloads and paid streaming services. So, how is the music business holding up? Who’s making the money today? And what's in store for musicians with the growth of artificial intelligence? On this episode of our podcast, On the Merits, Bloomberg Law’s Roy Strom dives into those questions and more with Sid Fohrman, chair of the music industry practice at Paul Hastings. The Los Angeles lawyer, who joined the firm from Willkie Farr & Gallagher last month, has advised on deals involving Lady Gaga, David Bowie's estate, and Taylor Swift. He's also a musician himself who packed his bags early in his legal career and headed from Chicago to Hollywood to take a chance following his passion. Fohrman has had a seat at the table as the music industry figured out how to make your favorite songs ubiquitous. The real challenge is how to make money—and how to make the money go where it should. That’s where Fohrman thinks the industry can do a better job. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Big Law has long feared that the Big Four accounting firms–Deloitte, PWC, KPMG, and EY–would start practicing law in the US. Now, that may soon be a reality. Big law's fear is that the Big Four has scale that dwarfs even the largest US law firms, and its dominance in legal technology could lead to a paradigm shift in how legal services are delivered. But American lawyers have always had a safety net. The ethical rules for lawyers say that non-lawyers can’t own law firms. This has put a fence around US law firms that has kept out the Big Four. Now, a couple of states, including Arizona, have changed these rules to allow non-lawyer ownership. KPMG has applied to practice law in Arizona. On this episode of On The Merits, Bloomberg law reporters Justin Henry, Amanda Iacone, and Roy Strom discuss KPMG’s big move and what it could mean for the legal industry. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

When Russian chemicals magnate Oleg Burlakov died of Covid, he left behind a $3 billion fortune that prompted an international legal battle among feuding members of his family. In one corner stand his sister and brother-in-law, who say they had a secret agreement with Burlakov entitling them to half of what he left behind. In the other: His estranged widow and adult daughters. Their fight over Burlakov’s billions has led to litigation in London, Moscow, Monaco, and Miami. Now, the Miami case—before a state court judge—has been complicated by the potential involvement of a Russian litigation funder and a Swiss money manager who’s been sanctioned for allegedly facilitating Russian money laundering. On this episode of our podcast, correspondent Emily Siegel and senior investigative reporter John Holland discuss the wrangling over Burlakov's estate and what it tells us about how judges in the US are grappling with sanctions related to Russia’s invasion of Ukraine. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

Donald Trump’s presidential election had market commenters rushing to conclude that the new administration would yield a flood of corporate dealmaking. But the widely anticipated Trump Bump for deals is already facing hurdles. Interest rates have steadily risen as the fear of inflation remains. Markets are buffeted by every piece of news about potential tariffs. And stock prices have faltered from their initial post-election surge. With Trump now in the White House, has the optimism for a dealmaking surge already withered? On this episode of On the Merits, Bloomberg Law’s Roy Strom spoke with Jennifer Perkins and David Klein, M&A partners at Kirkland & Ellis, the busiest law firm for corporate transactions last year. Kirkland advised on more than $427 billion in global mergers and acquisitions over the year, surpassing rivals like Latham & Watkins, Skadden Arps Slate Meagher & Flom, and Freshfields. Perkins and Klein told Roy the “floodgates” for M&A may not be open right away, but they both expect a strong year for dealmaking ahead. They discussed a backlog of companies private equity funds are looking to offload, how a reinvigorated IPO market could further fuel deals, and how law firms are evolving as private capital markets expand. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Today on 'On the Merits,' we revisit our March 2024 episode that explores California's ongoing battle to keep homeowners insured amidst the persistent threat of wildfires.

Big Law associates often feel they have little control over their pay or their time. But Steptoe & Johnson's new compensation model will allow associates to choose a 1800-, 2000-, or 2200-billable-hour track with a corresponding pay scale. On this episode of On the Merits, Kate Reder Sheikh, partner at Major, Lindsey & Africa, shares how a tiered compensation plan could benefit both associates and law firms—and what the risks are. She also gives the latest industry updates on return-to-office issues and lateral moves for 2025. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Elon Musk's six-year saga defending his $56 billion Tesla Inc. pay package in the Delaware Chancery Court has captivated the state's tight-knit legal community and the wider world of Musk watchers, including his more than 200 million online followers. In January 2024, the court's chief judge struck down the pay package, prompting a months-long social media barrage—and a host of novel legal stunts—from the tech titan. In December, the judge rejected the compensation deal again, handing $345 million to the shareholder attorneys who led the case. On this episode of our podcast, On The Merits, senior correspondent Jennifer Kay and reporter Roy Strom discuss the long-running courtroom drama, the lead trial lawyer who took aim at the pay package, and the judge who has repeatedly stood up to the world's richest man. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

The year 2024 saw tons of firms looking for merger opportunities and the lightning-fast growth that they provided. Although there's still plenty of room for new mergers, the legal industry is constantly looking for other ways to be competitive as big companies like KPMG are looking to enter the legal services market. This edition of On the Merits was hosted for the first time by Tom Taylor, chief of staff of the newsroom. Reporters Meghan Tribe and Justin Henry, who cover the business of law, and Chris Opfer, who oversees that coverage, joined him to discuss the most significant issues and challenges facing the legal industry in 2025. And as the second inauguration of Donald Trump approaches, the team will discuss how firms could deal with Trump's "unscripted style" and the opportunities for Big Law during his second term. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

New attorneys often leave law school with a lot of ideas about how the legal system works, but they typically don’t know much about the business of being a lawyer. How do law firms make money? How do they govern themselves? And what trends are shaping the law firms where they will work? On this episode of On the Merits, Bloomberg Law’s Roy Strom spoke with Kevin Burke, a former chairman at Hinshaw & Culbertson who’s now teaching law students the answers to these and other questions about the industry they soon will join. Burke's course at the University of Southern California’s Gould School of Law focuses on the nuts and bolts of law firm financials, operations, and marketing. His students also explore the future of legal practice. Burke tells Roy that students today are more interested than ever to understand the workplaces where they will make their careers. They're also surprisingly optimistic about what artificial intelligence might mean for their work lives. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

It’s our final episode for the year — and it’s been a year, one that included subtle DEI language, substantial associate bonuses, and the reprise of Donald Trump. Bloomberg Law had a lot of news stories to cover this year. And on this episode of On the Merits, podcast producer Mo Barrow reviews eight of Bloomberg Law's top stories in 2024 with Editor at Large Bernie Kohn. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

Lawyers have demanding careers with late hours and weekend work, for which many of them are handsomely compensated. So it may be surprising to learn that a growing number of attorneys have or are looking for a side gig. A recent Bloomberg Law survey found that 1 in 5 respondents either have a side gig or want one. For attorneys, a side hustle can be a way to explore their creative side, an opportunity to meet new people and possible new clients, or build some skills for their career. Sometimes, it even opens the door to a completely new career. But for firms and their leaders, how should they adapt to the reality of their lawyers having side jobs? On this episode of our podcast, On the Merits, our guest Robert Chesnut, the former general counsel and chief ethics officer for Airbnb, and current author and Bloomberg Law columnist, talks about the benefits of side gigs as well as the considerations for law firms. He say law firms should be adjusting their code of conduct to prepare for the potential conflicts and cybersecurity issues that could arise. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

As the presidential transition picks up speed, a legal sector that overwhelmingly supported Kamala Harris is preparing for Donald Trump's return to the White House. A handful of Florida-based big law firms with connections to the incoming administration are hoping to leverage those Trump ties, while Democratic-leaning firms are looking to retool. At the same time, a cryptocurrency industry that spent the Biden presidency playing defense is starting to flex its muscle. The pivot includes a rare public warning from the CEO of Coinbase Global Inc., the exchange, to law firms that may hire outgoing government lawyers who had a hand in crypto regulations. On this episode of our podcast, On The Merits, reporters Meghan Tribe and Justin Henry discuss the Trump transition, Coinbase's shot across the bow, and what these new dynamics may mean for the Big Law landscape and the future of crypto. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

Plenty of dealmakers expect a boom in M&A activity next year, anticipating a business-friendly Trump administration will rekindle animal spirits. That may mean private-equity firms will unload companies they've held for years. Traditionally, that means Big Law firms will have a flood of work. But it may also mean less of a certain type of complex transaction that has been occurring over the past year: Private equity companies selling pieces of businesses between themselves. On this episode of our podcast, On the Merits, Bloomberg Law’s Roy Strom spoke with Neil Barlow, a private equity partner at Clifford Chance, about what this environment could mean for Big Law's M&A fortunes. The upshot is that lawyers could be trading more complex deals for a greater volume of them. Either way, the trends highlight how important the private equity business has become for global law firms' success. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Attorneys have toiled for years in Big Law firms with the hope that one day they would make partner. The title carries prestige—and money, too. But in recent years, the promotion to partner hasn't always meant what it used to. A new class of non-equity partner is on the rise. This means these so-called partners-in-name-only don't own a share of the business and generally make a fraction of the compensation of an equity partner. For some attorneys, this arrangement is just fine, as it gives them an opportunity to build business with the prestigious partner title. But other attorneys aren't happy about it—and they're suing. Bloomberg Law reporter Justin Henry joins this episode of our podcast, On the Merits, to discuss this Big Law trend and what it means for law firms and lawyers. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

Today’s Big Law firms are huge businesses—the world’s biggest might surpass $8 billion in revenue this year. As the largest firms create an elite tier, more law firm leaders are choosing to achieve scale through mergers. On this episode of our podcast, On The Merits, Bloomberg Law’s Roy Strom spoke with Kent Zimmermann, a principal at law firm consultancy Zeughauser Group, about how leaders close those deals. The process includes showcasing your best attributes, setting expectations for a potential partner, and only closing deals when the firms’ cultures align closely. In other words, it’s a lot like dating. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Corporate DEI measures saw a surge during and after the nationwide unrest over George Floyd’s murder by Minneapolis police, but they've since become a major political, legal, and cultural flashpoint. Companies that adopted diversity initiatives in 2020 and afterward are now trying to figure out how to retool as they confront a backlash that seems to be partly about weariness with bureaucratic initiatives, but also partly a reflection of demographic anxieties. On this episode of our podcast, On The Merits, analyst Kate Azevedo and reporter David Hood discuss the challenges that DEI initiatives are facing, the way business and other organizations are responding, and what the future may hold under an incoming administration that's openly hostile to diversity policies. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

Generative AI has promised to reshape the practice of law ever since ChatGPT emerged. However, it's been unclear just how large law firms are using AI. Has it changed how practitioners do their jobs on a daily basis? Are we witnessing the emergence of a revolution in how lawyers do their work? Uncommon Law's Matthew Schwartz sits in as guest host on this episode of On the Merits. He talks with John Quinn, founder and chair of Quinn Emanuel Urquhart & Sullivan. They discuss Quinns' firm's stance on artificial intelligence and the future of the billable hour. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

President-elect Donald Trump is poised to further shape a federal judiciary he remade during his first term. Building on his historic number of appointments, including Supreme Court justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, Trump will likely choose nominees that are even more reliably conservative this time around. And, because of his success moving the judiciary to the right, Democrats seeking to challenge future Trump policies have fewer options for finding a receptive forum. On this episode of our podcast, On The Merits, Bloomberg Law reporters Tiana Headley and Suzanne Monyak, along with Bloomberg Law columnist and Above the Law founder David Lat, discuss how the Trump team will select judges, who those nominees could be, and what this means for litigators. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.