Good Law | Bad Law - Aaron Freiwald

Latest Episodes:

Good Law | Bad Law - Busting Up Facebook and Amazon? A Conversation w/ Aaron Kershenbaum Aug 09, 2019

Show notes

Should mega-internet and social media companies like Facebook and Amazon be broken apart because they are just too big? Is it time to invoke the antitrust laws once again?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Dr. Aaron Kershenbaum, a former professor of electrical engineering and computer sciences at Brooklyn Polytechnic and an expert in digital communications, to discuss the AT&T antitrust lawsuit, and subsequent breakup, 35 years later as well as what may happen to today’s major communications and internet companies.

Having been one of the government’s key witnesses in the case against the tech giant, Dr. Kershenbaum explains his role in the influential AT&T lawsuit and his own experience in the world of communications. Aaron and Dr. Kershenbaum tackle some of today’s questions surrounding privacy, influence, regulation, and more in regards to some of the industry’s biggest names like Facebook, Amazon, and Instagram. How should we understand the breakup of AT&T 35 years after the fact? How did it impact today’s technology? And, what are the similarities between AT&T as a monopoly and companies like Amazon and Twitter today? Listen in as Aaron and Dr. Kershenbaum answer these questions and more.

Majoring in communications and graduating with a PhD in electrical engineering, Dr. Kershenbaum has spent a career in the digital communications field. Before his time in academia, Dr. Kershenbaum worked for Network Analysis Corporation and helped build the precursor to today’s internet, the ARPANET (Advanced Research Projects Agency Network), for the Department of Defense. He also spent time consulting for technology and communication companies like AT&T and IBM.

A fascinating conversation about history, innovation, and antitrust laws, today’s episode touches on many important topics and ideas that have not only shaped our world today but will continue to shape tomorrow.

Host: Aaron Freiwald

Guest: Aaron Kershenbaum

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Good Law | Bad Law - The Cost of Drug Prices: A Conversation w/ Robert Field Aug 02, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Robert Field, a professor of health management and policy at the Dornsife School of Public Health as well as a law professor at Drexel University, to discuss drug pricing and drug pricing transparency.

Approximately 20 to 30 million people don’t have health insurance. Robert and Aaron sit down to talk about the complex system of bargaining that happens in our health care system, the staggering prices that drug companies charge for certain treatments, and the middle men who haggle co-pays to a “reasonable” amount compared to the original sticker-shock prices. Dr. Field explains how these companies control monopolies over assorted life-saving drugs because they’re under patents. Are there limits to how much drug companies can charge? What is the reach of authority over drug pricing?

Aaron and Robert delve into the world of health care and tackle a variety of topics. They consider the importance of “meaningful transparency,” as well as Trump’s recent failed initiative to shame drug manufacturers by mandating list prices be put on all TV drug ads. Listen in as Robert and Aaron talk about hospital stays, the evolution of our health care system, and much more. What are some ideas on how to address the problem of high drug prices? Is our current system efficient? How does our health care system compare to others around the world? Let us know what you think and listen now!

To learn more about Dr. Robert Field, check out his website here.

Host: Aaron Freiwald

Guest: Robert Field

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Good Law | Bad Law - The Ethics of Dying: A Conversation w/ Emily Largent Jul 26, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Emily Largent, a professor of medical ethics and health policy at the Perelman School of Medicine at Penn as well as a law professor at Penn Law, to discuss the issue of aid in dying – also known as, physician-assisted suicide.

New Jersey and Maine are set to become the 8th and 9th states with laws allowing physician-assisted suicide, subject to rigid rules and regulations. With this development, 70 million Americans will live in states where access to life-ending medication is available where a person has a confirmed terminal illness. Aaron and Dr. Largent discuss the legal and ethical issues raised by these laws. Dr. Largent explains that a patient might want to choose physician-assisted suicide in order to have the ability to make their own end-of-life decisions. Is it ethical to allow aided suicide to allow dignity in end-of-life care or is this a troubling development because doctors and others may participate in ending life rather than in making every effort to care for the sick and dying?

Emily and Aaron discuss many end-of-life care options, including doctor-assisted suicide, as well as other advanced directives like DNRs (Do Not Resuscitate orders), wills, and POAs (Power of Attorney orders.) Throughout the episode, Aaron and Emily consider the law and policy surrounding these choices, including the strict requirements associated with aid in dying options. Listen in as Aaron and Emily discuss these difficult decisions and as they explore the laws that make them available.

Host: Aaron Freiwald

Guest: Emily Largent

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Good Law | Bad Law - Hands off: A Conversation about Driverless Cars w/ Tracy Pearl Jul 19, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Tracy Pearl, a law professor at Texas Tech University and a nationally recognized scholar on emerging technology and the law, to discuss the notion of driverless cars.

Delving into Professor Pearl’s recent article on the topic, “Hands off the Wheel: The Role of Law in the Coming Extinction of Human-Driven Vehicles,” Aaron and Tracy discuss the issue of self-driving cars and what that really means. What do we mean when we say “driverless”? Are we giving up too much control? Tracy explains the different levels of autonomy a driverless car can be, ranging from 1-5, and gives her professional opinion about when and how we might see these vehicles on the road.

Throughout the episode, Tracy and Aaron explore some of the benefits of autonomous cars, like how they will arguably save time, money and lives, as well as some of the potential negatives and large questions that still remain. How do we begin to think about liability? How will the courts adapt? Listen in as Aaron and Tracy answer these questions and more. Let us know what you think about self-driving cars, do you like the idea? How far off do you think they are?

To learn more about Tracy, visit her website here.

To read Tracy’s article, please click here.

Host: Aaron Freiwald

Guest: Tracy Pearl

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Good Law | Bad Law - Compassion and Education vs. Stigma: A Conversation w/ Tracie Johnson Jul 12, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Tracie Johnson, a recent Temple Law School grad and an Equal Justice Works Fellow, to discuss post-prison placement as well as her focus on helping young women of color in Philadelphia.

Tracie works at Community Legal Services in the Employment Unit to help create career pathways for women and girls of color who face barriers in their lives because of past interactions with the criminal justice system. Her fellowship, sponsored by the law firm, Greenberg Trauig, and Equal Justice Works, aims to help women who have been marginalized by our criminal justice system deal with the impacts their experiences may have had on their lives.

Through her work, Tracie represents and advocates for young women of color in Philadelphia who have criminal records to increase their access to meaningful employment, education and housing opportunities and to fight intergenerational poverty. Tracie designed the fellowship herself and, as is clearly evident from our conversation, she brings an uplifting passion to this project.

Find out about Tracie’s Fellowship and Equal Justice Works here; check out their twitter for more information and updates: @EJW_org

Host: Aaron Freiwald

Guest: Tracie Johnson

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Good Law | Bad Law - MDL’d for Good or for Ill? A Conversation w/ Elizabeth Burch Jul 05, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Elizabeth Burch, a law professor at the University of Georgia, to discuss the federal court procedure, Multidistrict Litigation (MDL), and her new book on the subject, “Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation."

MDLs refer to a special legal process that coordinates large numbers of federal court cases, sometimes hundreds or even thousands of cases, involving the same product and combines them, in theory for coordination and efficiency. In practice, however, there can be serious that can arise, especially from the perspective of the claimants. In this episode, Aaron and Elizabeth talk about some of the benefits of MDLs but also some of the negatives that can occur as a result of the MDL structure.

How are claims being handled in MDLs? What are your rights as a plaintiff? Elizabeth and Aaron discuss what you need to know and the questions you might want to ask, especially if you have a claim in an MDL. A fascinating conversation, listen now to learn more about this growing litigation tactic and the potential pitfalls they pose, especially to plaintiffs.

To learn more about Elizabeth, visit her website.

Click here to learn more and/or purchase her book on MDLs.

Host: Aaron Freiwald

Guest: Elizabeth Burch

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Good Law | Bad Law - Monsanto Weed-Whacked: A Conversation w/ Timothy Litzenburg Jun 28, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Timothy Litzenburg, a partner at Kincheloe, Litzenburg and Pendleton, to discuss the recent Monsanto litigation and the influx of similar cases regarding chemical companies and consumers’ health. Timothy is an expert in the field of chemical exposure law, representing the plaintiff who was awarded the $289 million verdict (later reduced to $78 million by the presiding judge) in August of 2018 in Dewayne “Lee” Johnson v. Monsanto.

In today’s conversation, Aaron and Timothy talk about the historic verdict as well as the implications it has had, and continues to have.

Timothy explains that in the wake of Mr. Johnson’s victory he realized the need for a firm dedicated to other Monsanto victims; subsequently, he started Litzenburg Cancer Law. Timothy and Aaron talk about the evolution of Mr. Johnson’s case but also ask questions about what it means for future cases. How does the truth come out? What is the developing science behind these cases? Let us know what you think; listen in as Aaron and Timothy break down this landmark Monsanto case and explore what may be next for chemical exposure cases.

To learn more about Johnson v. Monsanto and Timothy’s cancer law practice, please visit his website here.

Host: Aaron Freiwald

Guest: Timothy Litzenburg

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Good Law | Bad Law - Content Moderation or Censorship? A Conversation w/ Corynne McSherry Jun 21, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Corynne McSherry, the Legal Director for the Electronic Frontier Foundation (EFF), to discuss content moderation on big social media platforms such as Facebook, Twitter and YouTube.

Aaron and Corynne address the issues of digital rights, how private companies like Facebook can censor content without implicating the First Amendment, and how transparency is so important as social media platforms come under increasing scrutiny for the content policies and practices. EFF, a prominent digital rights non-profit, has been integrally involved in these issues, focusing on impact litigation around such issues as intellectual property, open access, and digital rights, among others. Corynne and Aaron discuss the big concerns surrounding content moderation – Who should decide what we see? What speech can be regulated? Is it censorship? How can speech be regulated?

As always, we do not edit the content of our episodes. Our conversation is as it was! So, give a listen and let us know what you think.

Host: Aaron Freiwald

Guest: Corynne McSherry

Find Corynne’s contact information here as well as more on the EFF.

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Good Law | Bad Law - Abort Roe v. Wade? A Conversation w/ Carol Tracy Jun 14, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Carol Tracy, the Executive Director for the Women’s Law Project, to discuss one of today’s most polarizing issues - abortion.

One of the topics at the forefront of today’s politics, the abortion debate continues to intensify. Aaron and Carol talk about the most recent round of abortion bans in states like Alabama, Georgia and Missouri, as well as the history of abortion, the evolution of the law on abortion rights – discussing cases like Planned Parenthood v. Casey and Roe v. Wade, and ultimately what the future may look like.

Listen in as Aaron and Carol tackle the complexities surrounding the topic of abortion, discussing the implications of overturning Roe and examining the tough questions that surround this issue. Carol is a Temple Law graduate and has been a women’s rights advocate for more than 30 years.

You can find out more about Carol and the Women’s Law Project here.

To read Justice Blackmun’s opinion in Roe v. Wade, please click here.

Host: Aaron Freiwald

Guest: Carol Tracy

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Good Law | Bad Law - Cyber Hacking: A conversation w/ Jim Turner Jun 07, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by cyber security expert, Jim Turner, to discuss cyber hacking. Delving deep into cyber security concerns that are affecting everyone, Jim and Aaron talk about things like malware and ransomware and how easy it is for criminal hackers to access your private information and all the information of clients and customers in a business’s computer network.

In today’s episode, Aaron and Jim talk about the many different ways our personal data is vulnerable to hackers, some of which are unfortunately expected but others are much less obvious. Jim explains how it’s not just big companies like Marriott that are at risk for cyber attacks but it’s everyone – including cities, hospitals, law firms, courts, and of course individuals. Jim warns of instances where hackers can access your information and the extreme ploys they will use to trick you into exposing your data.

Jim, president of Hilltop Consultants, describes the ways in which we are vulnerable to cyberattacks as well as the ways in which we can be better prepared to help ourselves, friends and family. Listen now to learn more and let us know what you think. Have you been the victim of a cyberattack? What do you think of cyber security and malware?

Disclaimer: Mr. Turner and Hilltop Consultants are the cyber security experts used by Freiwald Law, P.C. No payment was made for Mr. Turner to appear on the podcast.

Host: Aaron Freiwald

Guest: Jim Turner

To contact Jim and to find out more about Hilltop Consultants please click here.

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