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

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

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 and Alex Lawson are joined by expert guests to bring you inside the newsroom and break down the stories that had us talking.

Episodes

May 20, 2022 47 min

The victims of the catastrophic Surfside, Florida building collapse reached a $1 billion settlement this week with a slew of defendants, resolving what could have been a messy, emotionally charged dispute with unusual swiftness that left the judge overseeing the litigation speechless. On this week’s episode of Pro Say, Law360 senior reporter Carolina Bolado drops by to fill us in on the details of the extraordinary resolution and w...

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The court stenographer, typing feverishly to document all the utterances of a legal proceeding, has in recent years been pushed aside by digital reporting and voice recognition software. But the transition has not always been a smooth one, with malfunctions and built-in biases often leaving court transcripts incomplete or entirely blank, creating a number of headaches for the legal system. Law360 senior reporter Steven Lerner joins...

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This week a draft opinion penned by Justice Samuel Alito was leaked revealing that the U.S. Supreme Court is poised to strike down the landmark 1973 ruling Roe v. Wade that made abortion legal nationwide. We devote our entire show to exploring this potential seismic shift in American jurisprudence. We’re joined by a guest with special insights into abortion cases at the high court, Kathryn Kolbert, a reproductive rights attorney wh...

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A Washington high school coach's practice of praying on the 50-yard-line after games has the U.S. Supreme Court once again weighing the separation of church and state in a case that has dragged a divisive decades-old ruling back into the spotlight. Our own Supreme Court expert Jimmy Hoover comes back to Pro Say to explain the so-called Lemon test that may be on the chopping block. Also this week: we discuss a ruling holding for...

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This week saw a strange turn in the saga of Endo Pharmaceuticals, which has been raked over the coals for suppressing key documents pertaining to its role in the opioid crisis. The Tennessee judge that handed the company its latest loss not only saw his decision reversed, but found himself booted from the case entirely over concerns about pointed commentary on Facebook and in an interview with Law360. The Pro Say crew breaks down t...

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If your vehicle breaks down, shouldn’t you have the right to fix it on your own terms? That’s the question we’re tackling this week as we explore the difficulties consumers face when sellers of goods and equipment – from vehicles to electronics, and even the McDonalds McFlurry machines – maintain exclusive and costly rights to keep them working. Law360 reporter Mike Curley joins Pro Say to break down the so-called “right to repair,...

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The push to curtail nondisclosure agreements in the workplace is spreading, with a new law in Washington state going further than ever to prevent employers from concealing harassment, discrimination, sexual assault and other illegal activity on the job. Law360’s Hannah Albarazi joins the show this week to discuss that statute and its implications for corporate secrecy. Also this week, New York judges come under fire for hiding outs...

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The population of homeless individuals across the country has continued to rise, and so have the lawsuits over the rights of the unhoused to occupy public spaces. On the other side of that fight however are business owners who are pressing cities to crack down on encampments that affect their livelihood. On this week’s episode we talk with Law360 reporter Jack Karp about the two sides of the argument, and what cities caught in the ...

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Judge Ketanji Brown Jackson’s testimony on Capitol Hill this week was marked with the kind of partisan theatrics that have become standard for Supreme Court confirmations in recent years. But the hearings also allowed Jackson to speak at length about her judicial philosophy and the mindset she brings to the bench, at times clashing with her billing as a deeply progressive jurist. Law360’s Jimmy Hoover joins the show this week to di...

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An increasing number of law clerks are speaking out about how they were harassed by judges they worked for. This week, we’re joined by Aliza Shatzman, a former D.C. Superior Court clerk who shares her story and explains what Congress can do to eliminate institutional barriers that hinder clerks from receiving help when they are in a similar situation. Also this week, we discuss Sarah Bloom Raskin who pulled out of the running for t...

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As the war in Ukraine rages on, we turn our attention to how the U.S. legal system and the industry have reacted. First, we discuss the Justice Department’s task force that will hunt for sanctions violators and seize the assets of Russian oligarchs. Then, we talk about how BigLaw has reacted to the war – from pro bono efforts and donations to office closures and cutting ties with Russian clients. Also this week, a look at Elon Musk...

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The battle to confirm Ketanji Brown Jackson to the U.S. Supreme Court begins later this month with much anticipated congressional hearings. On this week's Pro Say podcast we discuss a handful of her opinions that you should read before she heads to Capitol Hill. Also this week, we're joined by Law360 editor-at-large Andrew Strickler to break down an ongoing ethics scandal around judges who did not properly recuse themselves...

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It was a monumental week for the U.S. Women’s National Soccer Team, whose high-profile equal pay case ended in a settlement for $24 million in owed wages and strong equal pay protections moving forward. On this week’s episode of Pro Say we’re joined by Mayer Brown partner Nicole Saharsky, who represented the players during their appellate proceedings and explains why this settlement could have such a lasting impact. Also this week:...

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Both a Manhattan federal jury and a district judge rejected Sarah Palin's libel claims against The New York Times this week bringing an action-packed trial over a 2017 editorial to a close. On this week's episode, Law360's Frank Runyeon explains how the twisty case came to a close. Also this week, we look at Remington’s historic settlement with families of victims of the Sandy Hook Elementary School massacre; the latest...

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A judicial watchdog called out a Fifth Circuit judge last week for insisting that a Justice Department attorney remove his face mask, despite the attorney’s wish to keep it on in court. On this week’s episode of Pro Say we’re breaking down the complaint, which seems to encapsulate the fraught situation of covid protection and personal safety in the workplace as the nation inches back towards less restrictive environments. Also this...

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The NFL was hit with allegations of systemic racism in its hiring practices after a Black former Miami Dolphins head coach found out he had not been selected for a job opening before his interview had even taken place. This week we’re joined by Law360 senior sports reporter Zach Zagger to talk about the big charges leveled against the league. Also this week, Waymo tells the DMV its crash data is a trade secret; questions arise abou...

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Stephen Breyer has never been the kind of Supreme Court justice to make headlines with his opinions and dissents, but he set the legal world abuzz this week with news of his impending retirement, opening up a key vacancy within the court’s dwindling liberal bloc. Law360 reporter and The Term co-host Jimmy Hoover joins the show this week to unpack Breyer’s legacy as a jurist and what his exit means for the makeup of the court. Also ...

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Environmental justice groups have been working for years to help communities facing health and environmental problems from nearby polluting industries, and three states have recently emerged as leaders in helping the cause. What are these states doing differently, and what lessons can the rest of the country take from them? Law360 senior environmental reporter Juan Carlos Rodriguez joins the podcast this week to explain. Also this ...

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The Supreme Court late on Thursday blocked a Biden Administration rule that required private employers with 100 or more workers to implement a vaccine-or-test policy, but approved mandating vaccines for healthcare workers at facilities that receive government funding. On this week’s episode of Pro Say, we review the rulings on this hotly-contested issue and what it means for nearly 85 million workers to no longer face a vax-or-test...

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This week a federal jury convicted former Theranos CEO Elizabeth Holmes of defrauding investors, but cleared her of charges that she deceived patients with blood-testing technology she knew didn’t work. We’re joined by Law360 reporter Dorothy Atkins who covered the lengthy trial to walk us through which side was the big winner in the case, what it means for another Theranos executive who is still facing charges, and how the verdict...

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