Good Law | Bad Law - Aaron Freiwald

Latest Episodes:

Good Law | Bad Law - Data Breach Debacles w/ Andrew Friedman May 31, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Andrew Friedman, a partner at Cohen Milstein and co-lead counsel in the Marriott data breach class-action suit, to discuss the Marriott case as well as other massive data breaches and the growing security concerns surrounding our personal information.

In today’s episode, Aaron and Andrew address the issues of hacking and all the ways in which our personal data, like passwords, credit card information, our social security numbers, etc., are vulnerable. Andrew explains how customers’ private information can be exposed, specifically in regards to big companies, discussing his involvement in the Marriott Hotel litigation as co-lead counsel – an instance where hundreds of millions of hotel guests’ personal data was hacked, exposing customers’ most sensitive information, such as passport details.

An interesting and incredibly important discussion, listen in as Aaron and Andrew talk about the dangers of sharing your personal data as well as what customers are doing to be better informed and the steps you can take to help protect yourself.

Host: Aaron Freiwald

Guest: Andrew Friedman

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Good Law | Bad Law - Cracks in the Marble Palace w/ Michael Bobelian May 28, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by lawyer and author, Michael Bobelian, to discuss his new book, “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon and the Forging of the Modern Supreme Court.”

In today’s episode, Aaron and Michael delve into the fascinating story of the 1968 confirmation battle over Justice Fortas’ nomination to succeed Earl Warren as Chief Justice. The fight over President Johnson’s pick was the first time in the Supreme Court’s modern history that the Senate politicized a Supreme Court nominee and eventually defeated that nominee, setting the terms of engagement for future struggles over the confirmations of Robert Bork and, most recently, Brett Kavanaugh. As Michael explains, these confirmation battles have far more to do with asserting control over the direction of the Supreme Court itself than with the qualifications of the nominee.

A fascinating and important conversation about the High Court, Aaron and Michael discuss the Supreme Court today and why perhaps it is the way it is, as well as the revelations in Michael’s new book that cover some of the unprecedented machinations that could hold the answer. Listen now to find out more!

Order Michael's book here.

Host: Aaron Freiwald

Guest: Michael Bobelian

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Good Law | Bad Law - To Infinity and Beyond, A Conversation w/ Space Law Professor Frans von der Dunk May 24, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Nebraska College of Law Professor Frans von der Dunk to discuss the ever-expanding field of Space Law.

50 years-ago, the Apollo 11 astronauts Neil Armstrong and Buzz Aldrin took “one small step for man and one giant leap for mankind” and changed the world forever when they became the first people to set foot on the surface of the moon. They are in an elite group of 12 astronauts who have had that privilege; those who have been to the moon to collect samples of moon rocks, study it’s gravity, and collect as much data as they could for us to study back on earth.

But, as with everything important, rules have to be established to prevent companies and countries from taking advantage of an open system and preserving the moon for future scientists and generations. This is what launched the creation of space law and why our guest Professor von der Dunk joins us today from his home in the Netherlands. Aaron and Professor von der Dunk talk about the intricacies and challenges of space law and how we are aiming to establish a set of rules the entire world can agree upon.

It’s a truly fascinating episode on an area of law that most of us probably didn’t even know existed.

**Please excuse the audio quality on this episode: our connection with Professor von der Dunk was poor but the topic was too great to ignore.

Host: Aaron Freiwald

Guest: Frans von der Dunk

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Good Law | Bad Law - Nonsense Factory, A Conversation With Author Bruce Gibney May 17, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by writer, lawyer and venture capitalist, Bruce Gibney, to address the issue of pervasive dysfunction in the legal system and his new book on this subject, “The Nonsense Factory: The Making and Breaking of the American Legal System.”

After a brief stint as a corporate lawyer, Bruce turned to investing in companies, following his successful and early involvement in PayPal. As a client, he gained a different perspective on lawyering and the law. From there, he turned his focus to the legal system overall, from the way lawyers are educated, to the ways judges and prosecutors and members of Congress, and the institutions they are part of, fail to deliver on the lofty goals for the law: fairness, justice and equality.

Bruce attacks each of the major areas of our legal system with incisive criticism and also with wit, which makes the book a fun and informative read. In conversation, Bruce brings the same mix: cutting critique but also innovative suggestions for how each institution in our legal landscape could improve to better serve the goals of our democracy.

To purchase Bruce's Book visit: https://www.amazon.com/Nonsense-Factory-Making-Breaking-American/dp/0316475262

Enjoy the episode and please share your own thoughts. What do you think works and doesn’t work in our legal system? What do you think could be done to make improvements?

Host: Aaron Freiwald

Guest: Bruce Gibney

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Good Law | Bad Law - Inside The Pyramid: A Conversation With Etan Mark May 10, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Etan Mark of Mark, Migdal and Hayden, to discuss Herbalife and the ongoing litigation his firm is pursuing regarding the company as an alleged pyramid scheme.

A publicly traded, international corporation, Herbalife is considered a “Multi-Level Marketing” company; the heart of the business is in its branding and selling methods, as opposed to its products which include generic health and wellness items, such as shakes and vitamins. Just as the FCC has found fault with Herbalife and its business practices, Etan’s litigation is based on the notion of fraud and its inadequate disclosures. Herbalife denies the allegations in the class action lawsuit.

In today’s episode, Aaron and Etan discuss the various definitions of pyramid and ponzi schemes, as well as how these ideas are closely associated with the Herbalife brand. Etan’s firm specializes in complex commercial litigation, including the area of consumer advocacy. Listen in as Etan and Aaron break down the claims against Herbalife and expose perhaps some of the seemingly more unsavory business practices of Herbalife and companies like it.

Enjoy the episode and tell us your thoughts, what do you think of Herbalife? And furthermore, what do you think should be considered a pyramid scheme?

Host: Aaron Freiwald

Guest: Etan Mark

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Good Law | Bad Law - Eighty Cents: A Conversation about the Gender Pay Gap w/ Lucy Marsh May 03, 2019

Show notes

80 cents? That’s what women, on average, earn compared to men in comparable jobs.

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Lucy Marsh, from the Sturm College of Law at the University of Denver, to discuss the gender pay gap.

Although women have made a lot of progress in narrowing the pay gap over the last several decades, the disparity in pay remains a real and costly problem. For women of color, the pay gap is even greater.

Professor Marsh did her part, taking on the University of Denver in a lawsuit challenging the significant pay difference between male and female law professors. She won her case, reaching a settlement that should address the historic under-compensating of female profs. Beyond her own experience, Professor Marsh offers insight and encouragement to other women to step forward and speak out against pay inequality in the workplace.

Enjoy the episode and please tell us your thoughts. How do we close the pay gap and ensure everyone is compensated fairly for their work?

Host: Aaron Freiwald

Guest: Lucy Marsh

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Good Law | Bad Law - What the hoax? A conversation about the Jussie Smollett case w/ Dan McConkie Apr 26, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Dan McConkie to talk about the Jussie Smollett hate crime/hoax case.

As former state and federal prosecutor in California for eight years, Professor McConkie brings a keen insight to the story and the broad implications of this much-publicized and controversial case. By now most of us are familiar with the Jussie Smollett incident; if not, you can find some background here.

Smollett, an actor on the Empire TV show on Fox and a singer, last January claimed he was the victim of a hate-inspired assault in downtown Chicago. He set off a massive police investigation and inspired nationwide support, particularly because the two “assailants” supposedly hurled racial and homophobic insults while invoking President Trump’s “Make America Great Again” slogan. Then the investigation shifted its focus to Smollett himself. In March, he was charged with 16 felony counts related to making false report to the police. In short, Smollett was charged with a hoax. Just two weeks later, in a quiet, secretive proceeding in court, the Chicago County Attorney dropped the charges. Yet, Smollett was not exonerated.

What the hell happened? Professor McConkie and Aaron work through the underlying facts to sort out the details before turning to questions about the impact of this. What about real hate crimes and the rise of such violence in our country? Was the County Attorney’s decision to drop the charges just a case of routine prosecutorial discretion? Did she handle herself in a responsible and ethical way?

With all of the twists and turns and resulting opinions on why he was allowed to walk away free and clear, we ask the question, how will it affect public trust in law enforcement and the criminal justice department?

What do you think? Let us know in the comments below.

Host: Aaron Freiwald

Guest: Dan McConkie

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Good Law | Bad Law - Yes, no, maybe? w/ Nancy Kim Apr 19, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Nancy Kim, a la professor at California Western School of Law at San Diego and author of the new book, Consentability.

Consent is something that we sometimes think of as straightforward, but is it actually? Is it really a matter of yes or no? Consent can be complex with many underlying factors and influences. While the issue of consent in sexual relationships has been much in the news, consent affects many different areas of our lives and can sometimes be challenging to navigate. What constitutes consent? What is “consentability?” In today’s episode, Aaron and Professor Kim address these questions and more, talking about the various “contours of consent” and how they apply to the law.

Nancy’s primary research focuses on contracts and technology, specifically the way in which technology has shaped and is shaped by the law. In her new book, Consentability: Consent and its Limits, Professor Kim delves deep into the questions of consent and whether or not there are things in life to which we actually can’t consent for one reason or another.

A fascinating episode, listen to learn more about consent and the many ways it affects our life and check out Professor Kim’s book: https://bit.ly/2PhuYDb for the full story.

Host: Aaron Freiwald Guest: Nancy Kim

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Good Law | Bad Law - R-E-S-P-E-C-T w/ Judge Victoria Pratt Apr 12, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Rutgers Law School Professor and retired Judge, Victoria Pratt to discuss Procedural Justice.

Everyone has a unique story; an individual’s background shapes and molds who they are along the way and eventually, who they become. So, why do we ignore those backgrounds and life paths when it comes to sentencing for crimes? In a fascinating conversation, Aaron and Judge Pratt ask this question and address the importance of compassion and understanding in life and in the courtroom, and moreover, how those two concepts are interconnected.

Fairness and respect are two words that sum up Judge Pratt’s idea for America’s justice system. Retired Judge and Rutgers University Law Professor Victoria Pratt joins Aaron today to talk about her idea of Procedural Justice, a concept that would start treating people who have committed a crime as a person rather than a prisoner.

Please enjoy this fantastic conversation with Judge Pratt and be sure to check out her Ted Talk and other media appearances at: https://judgevictoriapratt.com/media.

Host: Aaron Freiwald

Guest: Judge Victoria Pratt

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Good Law | Bad Law - Should Campus Sexual Assault Proceedings Be Fairer To The ... Accused? w/ Adam Zucker Apr 05, 2019

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Adam Zucker to discuss Title IX and the removal of the Obama era “Dear Colleague” letter. The US constitution guarantees a few things to all citizens, the right to a trial, the right to an attorney, and the notion that all people are innocent until proven guilty. Those rights help ensure all people are treated fairly and get their fair chance. The problem is, this only applies to the criminal justice system; in the world of colleges and universities, students aren’t guaranteed these rights. Adam Zucker believes students that have been accused of sexual assault or other crimes aren’t getting a fair shake. Adam and Aaron discuss due process and what that means as far as academia. Throughout the episode, Adam explains how students can be kicked off campus, removed from classes and expelled from school, even if they’ve been found not to have committed any crimes. The Trump administration received a lot of criticism for their removal of the Obama era guidance known as the “Dear Colleague Letter” but Adam believes it was a step that needed to be taken to give fairness to the person accused. This is a fascinating discussion between Aaron and Adam and we hope you enjoy! Host: Aaron Freiwald Guest: Adam Zucker Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

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