California MCLE Podcast

Latest Episodes:

Confronting the Disinformation Engine Apr 14, 2025

Show notes

Digital platforms now enable the near-instantaneous distribution of information, including misinformation and disinformation, to vast audiences. Disinformation refers to false or manipulated information deliberately created to deceive, whereas misinformation is inaccurate or misleading information that is sometimes shared without harmful intent. Professor Barbara McQuade—a former U.S. attorney and current professor of National Security Law at the University of Michigan Law School—explores these challenges and the legal weapons to combat them, noting that disinformation currently poses one of the biggest threats to national security.

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast.

Approved for 1.0 hour of General California MCLE credit.

Out of Bounds – Negotiations Ethics Mar 20, 2025

Show notes

An interview with Prof. Carrie Menkel-Meadow

In this episode, Professor Carrie Menkel-Meadow of UC Irvine Law School delves into the ethical frontiers of legal negotiation, challenging attorneys to reflect on which tactics align with both zealous advocacy and professional integrity. Menkel-Meadow navigates the evolution from a model of unbridled assertiveness toward a modern framework that prizes diligence, honesty, and respect for the Model Rules of Professional Conduct.

Throughout the conversation, she distinguishes between permissible strategic behavior—such as puffing, bluffing, and even certain aggressive maneuvers—and practices that cross the line into outright deception. By exploring the nuances of material misrepresentation versus acceptable exaggeration, Menkel-Meadow highlights the ethical dilemmas inherent in negotiation, including the fine balance between strategic omissions and the risk of fraud. She also emphasizes the long-term benefits of cultivating a reputation for fairness and transparency, arguing that such an approach not only upholds professional credibility but also better serves clients over time.

How to Earn CLE Credit

Approved for 1.25 hours of Civility California MCLE credit.

A Lawyer's Addiction with Brian Cuban Jan 19, 2025

Show notes

The legal profession faces alarmingly high rates of substance abuse and mental health challenges. In this conversation, Brian Cuban, attorney, author, and addiction recovery advocate, explores the systemic and cultural factors contributing to addiction among lawyers and provides actionable strategies for prevention and recovery.

Cuban shares his deeply personal journey of battling addiction and rebuilding his life, offering valuable insights into how stigma, stress, and the “work hard, play hard” culture exacerbate the problem. He discusses the role of Lawyers’ Assistance Programs (LAPs), the importance of creating supportive environments within law firms, and the ethical obligations attorneys must navigate when facing addiction.

Throughout the discussion, Cuban examines the legal structures that protect confidentiality and promote recovery, as well as innovative approaches to fostering well-being in the profession and provides tools to help lawyers recognize, address, and prevent substance abuse while maintaining competence and ethical integrity.

How to Earn CLE Credit

Approved for 1.5 hours of Competence (Prevention and Detection) California MCLE credit.

Regulating AI as a Natural Monopoly Jan 10, 2025

Show notes

As artificial intelligence systems become increasingly expensive and resource dependant to develop, a question arises: Are we witnessing the emergence of AI as a natural monopoly? In this conversation, Berkeley Law Professor Tejas Narechania explores how the market forces driving AI consolidation create both efficiency and significant legal risks.

Professor Narechania explains the structural conditions under which a natural monopoly can form—where the high costs of developing foundational AI models and the competitive advantages of massive datasets create significant barriers to entry. He discusses how antitrust principles, network effects, and accountability risks must be considered when regulating AI market power.

Throughout the discussion, Professor Narechania draws on historical parallels in telecommunications law and explores potential legal tools, including interoperability requirements, national security concerns, and public infrastructure models to improve outcomes without stifling innovation.

How to Earn CLE Credit

Approved for 1.0 hour of General California MCLE credit.

Autonomous Weapons of War Nov 29, 2024

Show notes

Autonomous lethal weapons, often sensationalized as “killer robots,” are no longer confined to science fiction—they are a rapidly advancing reality in modern warfare. In this conversation, Georgetown Law Professor Mitt Regan, an expert on the laws of war and international law, delves into the profound ethical and legal implications of AI-enabled weapon systems for both current conflicts and the future of warfare. Central to the conversation are the legal frameworks governing AI-enabled weapons under international humanitarian law. Professor Regan examines principles such as distinction, proportionality, and precaution, showing how these are tested by systems that use AI to identify and engage targets. Significant gaps in legal frameworks persist, including the absence of a unified international agreement specifically addressing autonomous weaponry.

Mitt Regan is a professor of law at Georgetown Law and an expert on both national security and international humanitarian law.

How to Earn CLE Credit

Approved for 1.0 hour of General California MCLE credit.

AI Models & Copyright Battles Sep 30, 2024

Show notes

Large language models (LLMs) are trained on vast, nearly unfathomable amounts of data—data that is now reshaping the very fields from which it was sourced, including literature, journalism, music, and photography. As a result, these models have sparked high-stakes litigation and raised novel legal questions about ownership and intellectual property, both in the AI training process and the output they produce. In this conversation, we explore the intersection of AI training and copyright law with Professor Shyamkrishna (Shyam) Balganesh of Columbia Law School, a prominent legal scholar who has been closely examining these emerging issues.

How to Earn CLE Credit

Approved for 1.5 hours of General California MCLE credit.

Lawyers + LLMs: AI Ethics Sep 23, 2024

Show notes

AI is changing how lawyers do their work and raising questions about how lawyers can harness artificial intelligence consistent with their professional responsibilities. Georgetown Law Professor Tanina Rostain answers questions about the transformative impact of AI on the legal profession and how the rules of professional conduct apply to the new ways that attorneys use AI to conduct research, draft documents, and interact with clients.

How to Earn CLE Credit

Approved for 1.0 hour of Technology California MCLE credit.

Gun Rights under Rahimi & Cargill Jun 28, 2024

Show notes

Professor Joseph Blocher (Second Amendment scholar and co-director of the Duke Center for Firearms Law) explains two significant recent Supreme Court cases: United States v. Rahimi and Garland v. Cargill. This discussion provides an in-depth analysis of the legal reasoning behind these decisions and their broader implications for gun regulation and gun rights in the United States.

How to Earn CLE Credit

Approved for 0.5 hours of General California MCLE credit.

Criminal Lab-Grown Meat Jun 28, 2024

Show notes

The sale and production of lab-grown meat have been criminalized in Florida and Alabama, with other states considering similar legislation. Food law expert Professor Michael Roberts from UCLA Law School explains what the new laws do as well as how they fit into the federal regulatory framework and the historical context of food law and politics in the United States.

How to Earn CLE Credit

Approved for 1.0 hour of General California MCLE credit.

Prosecutorial Discretion – Power & Responsibility Jun 19, 2024

Show notes

The power of prosecutors extends far beyond the courtroom, shaping the trajectory of countless lives through their decisions. Legal experts Bruce Green and Rebecca Roiphe delve into this immense authority in an insightful interview, exploring the nuances of prosecutorial discretion and its profound impact on the justice system. Their discussion sheds light on the ethical and constitutional standards that guide prosecutorial conduct, emphasizing the balance between power and responsibility.

How to Earn CLE Credit

Approved for 1.0 hour of Legal Ethics California MCLE credit.