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

On our last Pro Say episode of 2023, we're also sad to report that it is the final episode of the show. Join the hosts as we take a walk down memory lane to remember our best pop culture moments, biggest news stories, and most memorable guests from the podcast. We’re joined by a special guest and original Pro Say co-host, Bill Donahue, to help us reflect on the happy memories we have from this wonderful, engrossing experience.

Epic Games prevailed in its closely watched antitrust trial against Google this week, convincing a California federal jury that Google’s app store functions as an illegal monopoly that jacks up prices for app developers and smothers competition. This week on Pro Say we sift through the huge defeat for Google that, if upheld on appeal could transform the entire app store economy and mark a pivotal moment as the tech giant faces a slew of other antitrust suits that figure to heat up in the coming months. Also this week, the Supreme Court agrees to hear a high-stakes dispute over a lower court judge’s controversial decision to block the FDA’s decades-old approval of a common abortion drug; and a former Greenberg Traurig patent attorney escalates his defamation battle against a TikTok influencer who claims protection as a “citizen journalist.” And finally, the hosts prepare to take the Bard Exam as the Michigan attorney general leans on Shakespeare in a testy environmental case.

As Purdue Pharma looks to exit bankruptcy, a key part of its proposed reorganization plan has made its way to the Supreme Court: a deal by which the Sackler family pays $6 billion in exchange for a shield from future opioid crisis claims. Joining Pro Say this week is Law360 senior bankruptcy reporter Vince Sullivan, who walks us through these controversial releases and how they’ve been received by the justices. Also this week, Florida Gov. Ron DeSantis’ legal feud with Disney trudges on with a new oversight report, and former North Carolina public defender prepares for trial in a case targeting the federal judiciary’s handling of her sexual harassment complaint, with only her husband remaining as co-counsel. Finally, whether it was an innocent random prank or a targeted attack, the Ohio Supreme Court suspends an attorney for flinging a Pringles can of his own feces into a parking lot.

The Justice Department’s years long push to use antitrust laws to crack down on wage suppression and “no poach” agreements appears to be slowing down, as the department quietly dropped a case against a United Healthcare unit earlier this month, marking the latest in a series of losses and retreats. Joining Pro Say this week is Law360’s senior competition reporter Bryan Koenig, who will break down the steady decline of those enforcement efforts, and the DOJ’s failure to convince a single jury to convict on any labor-related antitrust criminal charges. Also this week, 3M and other manufacturers undo an 11-million member class certification in the sprawling legal fight over “forever chemicals,” and attorneys for Lizzo try to quickly escape a racial bias and harassment suit filed by her backup dancers.

The Pro Say crew convenes to give thanks for all the unusual legal news that made us laugh this year. Join us for our annual tradition of revisiting the best of our offbeat segments, including a look at a woman who tried to get paid a reward from Lady Gaga despite involvement in dognapping the pop star’s pooches; police who sued Afroman for using an ill-fated raid as fodder for new music and merch; and the latest on Cocaine Bear, the wedding officiant.

After intense public scrutiny over ethics, the U.S. Supreme Court released its first-ever code of conduct governing the behavior of the justices. The justices claim the new code codifies what they have long been doing and should dispel public misunderstandings about judicial ethics. But does it do enough? Law360 Supreme Court reporter Katie Buehler joins us to break it all down. Also this week, Law360’s senior reporter in Florida Carolina Bolado stops by discuss the strange and tragic medical malpractice case at the center of Netflix’s documentary, “Take Care of Maya,” in which a jury awarded more than $260 million in damages to the family of a young patient after finding that a hospital mistreated her and forced her mother to commit suicide. Finally, some news on a bevy of stories in legal fiction, from the big screen, to the small screen, to the stage!

Last week’s conviction of cryptocurrency fraudster Sam Bankman-Fried was fueled in part by the FTX founder’s unusual decision to take the stand in his own defense. It was an ambitious gambit that did not pay off, as Bankman-Fried now faces decades in prison for his crimes. Joining Pro Say this week in Law360 New York courts reporter Rachel Scharf to discuss SBF’s decision to take the stand and wrap up coverage of a wild monthlong trial. Also this week, the NCAA faces billions in damages as thousands of athletes challenging its name, image and likeness rights restrictions score a huge procedural win, and the Supreme Court examines whether a gun ban for individuals subject to a domestic violence restraining order violates the Second Amendment. Finally, from Aaron Judge to Lawyer Milloy, a brief tour of legal names in the wide world of sports.

The 2017 Unite the Right rally in Charlottesville, Virginia, seized the nation’s attention as a gathering of white nationalists opposing the removal of a Confederate statue soon turned deadly. What came next was a years-long legal fight to hold the rally’s organizers accountable for the violence, which was chronicled in the recent HBO documentary “No Accident.” This week on Pro Say, we’re joined by attorneys Michael Bloch and Benjamin White, who successfully litigated the case. They share details about the complex trial strategy that may lead to success in future efforts to use the legal system to fight against hate. Also this week, the real estate industry is rocked by $1.8 billion antitrust verdict finding collusion between realtors and brokerage companies to keep commission fees artificially high, and the demise of former BigLaw stalwart Stroock & Stroock offers lessons for struggling shops. Finally, it must be exhausting always rooting for the law school curriculum, as Taylor Swift steps into the world of legal academia.

This week saw 41 U.S. states and the District of Columbia launch an all-out legal blitz against Meta, alleging that the tech giant is using addictive features to get kids hooked onto Facebook and Instagram. This week on Pro Say, the hosts break down the particulars of the suit, and how it fits into the broader push for more child-oriented safeguards on social media. Also this week, a Google executive wins a $1.2 million gender discrimination verdict, but can’t convince the jury she was illegally paid less than her male counterparts, and it’s the end of an era as the LSAT eliminates the “logic games” portion of the exam to settle a years-old lawsuit. Finally, the hosts unpack the implications of an octogenarian judge who claims he’s “too old” to have heard of 74-year-old conservative rocker Ted Nugent.

A secret conversation held in an empty courtroom has raised ethics questions for a judge, his clerk and a local attorney. And it may lead to a manslaughter conviction being tossed. On this week’s episode of Pro Say we’re joined by Marco Poggio who fills us in on this twisty legal drama. Elsewhere this week, the Israel/Palestine conflict reverberates into the U.S. legal system, as BigLaw shops rescind job offers to students for voicing solidarity with Gaza and the government is hit with a lawsuit challenging its refugee policy. We’ll also discuss the Baltimore archdiocese’ move to seek bankruptcy protection, and what it means for sex abuse victims that thought they had a green light for suing the church. Finally, we look at an Oklahoma judge under fire for a range of improper texts with her bailiff, which mocked the appearances of attorneys and witnesses during a murder trial…AS the trial was underway.

The Federal Trade Commission is moving ahead with a proposal to crack down on what are commonly called “junk fees,” the often-obscured extra charges applied to concert tickets, hotel bookings and other purchases, that can cost customers upwards of $80 million per year. Joining Pro Say this week is Columbia Business School professor Vicki Morwitz, whose research into those fees and their effects on consumer behavior has informed much of the government’s response to what it considers a transparently deceptive business practice. Also this week, Robins Kaplan gets ripped for snooping around in a litigation opponent’s accidentally-shared corporate files and a Texas bankruptcy judge reveals a previously secret romantic relationship with an attorney whose former firm regularly brought cases before him. Finally, U.S. solicitor general Elizabeth Prelogar faces a grilling of a different sort on NPR’s “Wait Wait … Don’t Tell Me!”

The criminal fraud trial of FTX founder Sam Bankman-Fried is underway in Manhattan, with prosecutors making the case that SBF looted billions of dollars from the crypto exchange before its ultimate collapse last year. Joining Pro Say this week is Law360 New York courts reporter Rachel Scharf, who explains that the case will ultimately turn on whether the government can show that the fallen crypto mogul willfully shuffled money from the exchange to his hedge fund and how testimony from FTX insiders could make or break the case. Also this week, we shine a light on a few new cases taken up by the Supreme Court, including thorny disputes over social media content moderation policies, SEC disclosure rules, and time limits on claiming copyright infringement damages.

The Supreme Court justices return to the bench on Monday for a new term that’s shaping up to be an impactful one, with issues ranging from gun ownership rights in domestic violence cases, to the legality of administrative courts and the First Amendment implications of public officials blocking critics on social media. Let this episode of Pro Say be your guide for the term as we talk about all the major cases and storylines with special guest and prolific Supreme Court litigator Carter Phillips from Sidley Austin. Also this week, the Federal Trade Commission finally brings down the antitrust hammer on Amazon, and former President Donald Trump is found liable for fraud in a high-profile civil case brought by the New York attorney general.

A dispute over a relatively obscure fishing industry rule is attracting considerable buzz ahead of the upcoming Supreme Court term, as the justices will consider whether to overturn their decades-old precedent providing leeway to federal regulators. The so-called Chevron deference requires courts to defer to agencies’ interpretations of ambiguous laws, and has been a target for mostly conservative activists who fear it gives the executive branch too much power. Joining Pro Say this week is Law360’s senior environmental reporter Juan Carlos Rodriguez, who will break down the case and what’s at stake for this administrative law bedrock. Also this week, Walgreens accuses Crowell & Moring of serious ethical breaches in a nine-figure arbitration fight, and lawsuits roll in after the FDA declares that over-the-counter decongestants don’t do too much decongesting.

A remarkable Fifth Circuit opinion recently concluded that Mississippi’s permanent ban on voting rights for convicted felons is cruel and unusual punishment that violates the Constitution. The ruling energized a growing nationwide advocacy movement against felon disenfranchisement, but it’s not without its detractors either, who argue the opinion conflicts with existing precedent and could throw voting regimes in many states into disarray. On this week’s episode of Pro Say we welcome Law360 feature reporter Jack Karp to explain how the Fifth Circuit reached its conclusion, what it could mean and just how quickly the U.S. Supreme Court may weigh in. Also this week, we examine the latest defeat of a Consumer Financial Protection Bureau policy meant to combat discrimination in consumer banking practices, and a novel copyright lawsuit brought by authors who allege that OpenAI and other artificial intelligence platforms are using their works to learn without permission. Finally, a recent profane outburst from disgraced attorney Tom Girardi in court prompts our hosts to share their own embarrassing tales of swearing at inappropriate moments.

A landmark trial kicks off next week with the federal government squaring off against tech giant Google. The government says Google has abused its power over online searches to smother competition. On this week's episode of Pro Say, we're joined by Law360 senior antitrust reporter Bryan Koenig to give us a preview of the government's first monopoly trial since its historic case against Microsoft in the late ‘90s. Also this week we tackle ethics issues at the state and federal level. First, we discuss Texas Attorney General Ken Paxton's impeachment trial before the state senate; then we unpack the ethics complaint one senator has leveled against Justice Samuel Alito. And finally, we preview our new sister podcast, Approach The Bench, featuring insightful interviews with sitting judges.

After more than six years of quiet obsession over the attorneys and other legal pros who appear on The Bachelor and Bachelorette, Pro Say brings you an exclusive interview with one such contestant. We’re joined this week by Mayer Brown associate James Pierce, who was one of roughly two dozen suitors vying for the affections of Charity Lawson on the most recent season of the Bachelorette. James dishes on what his BigLaw bosses thought of his detour into reality television, how his legal training informed his time on the show, and what his life has been like since returning to the real world. Also this week, the ABA hits back against attacks on law firm diversity programs, and 3M settles the largest mass tort litigation in U.S. history for $6 billion, while also advancing a $12.5 billion settlement in another case….all on the same day.

Lawsuits accusing Hawaii’s power companies of negligence have already started to trickle in following one of the deadliest wildfires in history that ravaged Maui and killed more than 100 people, and legal experts believe that hundreds if not thousands more may follow. On this week’s episode of Pro Say, Law360 product liability senior reporter Emily Field talks us through what the potentially historic litigation could look like and how it might play out based on similar tragic wildfire incidents we’ve seen in the recent past. Also this week, an en banc ruling from the Fifth Circuit expanding the scope of actions that constitute employment discrimination; an artist’s losing battle at the Second Circuit over a Vermont law school’s right to obstruct the view of a controversial mural; and finally, a New Jersey judge finds himself in hot water for lip-syncing vulgar lyrics on Tik-Tok from the courthouse.

Two women lawyers told Law360 that former Federal Trade Commission member and George Mason University law professor Joshua D. Wright abused his power in order to engage them in sexual activity. On this week's Pro Say podcast we discuss details of the alleged misconduct that began while they were his students and later continued when they were his subordinates at the FTC and at a BigLaw firm. Also this week we talk about MLB umpire Angel Hernandez losing a racial bias suit over his lack of prestigious assignments and Hyundai and Kia's $145 million deal with drivers claiming they were sold cars that are vulnerable to theft.

What began with a simple court order for Southwest Airlines to issue a statement vowing to uphold the religious protections in Title VII of the Civil Rights Act has escalated to a bitter feud in Texas federal court, where a judge has sanctioned three of the company’s attorneys with an edict to undergo “religious liberty training.” On this week’s episode of Pro Say we talk through the full story of the underlying case, how it escalated to an unusual demand from the judge and the upcoming appeal that the airline has promised at the Fifth Circuit. Also this week, an escalation in the already-bitter dispute between 96-year-old Federal Circuit Judge Pauline Newman and a panel of her colleagues who suggested she be suspended from hearing all cases for a year. And finally, the ongoing beef between YouTube star MrBeast and a promotional restaurant serving his personal burger heated up this week when he was countersued for claiming the food was inedible and ruined his online reputation.