Good Law | Bad Law - Aaron Freiwald

Latest Episodes:

Wrongful Life? A Conversation w/ Michael McKeon & Mark Kovacich Jan 22, 2021

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorneys Michael McKeon, of McKeon Law, and Mark Kovacich, of Odegaard Kovacich & Snipes, to discuss the topics of wrongful prolongation of life, DNRs, self-determination, and a case in which Mr. McKeon and Mr. Kovacich represented a man whose end-of-life instructions – known as an advanced directive – were ignored. What is the impact of this case? What are the legal and ethical questions? And why is end-of-life planning critical?

Today, Aaron, Mark, and Michael discuss end-of-life decisions, as well as what can happen when an individual’s rights are ignored. Michael and Mark talk about their success in a Montana court after their client, Rodney Knoepfle’s wishes were disregarded and he was resuscitated after he coded while in the hospital. Michael, Mark, and Aaron talk about Mr. Knoepfle’s traumatic experiences, why this case matters, and the importance of communication regarding end-of-life decisions, such as DNR orders. Today’s conversation delves into the notions of advanced directives, DNR (Do Not Resuscitate) orders, patient’s rights, medical mistakes and negligence, moral and ethical concerns, and the P.O.L.S.T (physician orders and life sustaining treatments) database system.

A graduate of Villanova and the University of Montana School of Law, Michael has focused his practice on representing those who have been injured due to the negligence of others. Throughout his career, Mr. McKeon has pursued claims involving workplace accidents, personal injuries, insurance claims, products liability and medical malpractice. Michael has been selected by the National Trial Lawyers Association as a Top 40 Under 40 Trial Lawyer and as a Top 100 Trial Lawyer by the National Trial Lawyers Association. He is admitted to the Montana and U.S. District Courts of Montana and is a member of the State Bar of Montana.

Mark, a principal at Odegaard Kovacich & Snipes, joined the firm in 2000 and has focused his practice on representing plaintiffs in cases involving asbestos and environmental claims, environmental litigation, serious personal injury, products liability, workers’ compensation and safe workplace litigation. Mark was named Trial Lawyer of the Year by the Montana Trial Lawyers Association in 2005 and 2019 and received the association’s Appellate Advocacy Award in both 2008 and 2016. Mr. Kovacich has successfully represented hundreds of plaintiffs in high profile cases and has been consistently recognized as a Rising Star by Mountain States Super Lawyers.

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To learn more about Mr. McKeon and the McKeon Law firm, please click here.

To learn more about Mr. Kovacich and his firm, Odegaard Kovacich & Snipes, please click here.

To read the Physician’s Weekly piece, “Jury Awards $400,000 in ‘Wrongful Prolongation of Life’ Lawsuit,” please click here.

To read the Boston Globe article, “Hospital staff revived a man’s stopped heart — and he sued,” please click here.

Host: Aaron Freiwald

Guests: Michael McKeon and Mark Kovacich

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Accountability and Truth: A Conversation w/ the Honorable Elizabeth Holtzman Jan 15, 2021

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by former Congresswoman, the Honorable Elizabeth Holtzman, now of Herrick Feinstein LLP, to discuss last week’s tragic insurrection at the Capitol and the unfolding aftermath, the resulting second impeachment of President Trump, and Congresswoman Holtzman’s concerns about our country’s future and the rule of law, truth, and democracy.

Today, Aaron and Congresswoman Holtzman have a vital conversation about what should happen next in our country. Who needs to be held accountable? Is the President criminally responsible? What about Members of Congress who enabled and contributed to the insurrection? How do we unify the American people? Congresswoman Holtzman and Aaron have a crucial discussion about unity and division, the damage done to American democracy, the mythology of President Trump and Trumpism, the media’s role in perpetuating falsehoods of fraud in the 2020 election, peace and war, as well as the violent attacks on Capitol Hill last Wednesday, Trump’s galvanizing actions thereof and therein, and how exactly we as a country move forward and “defang” these insurrectionist movements. Congresswoman Holtzman talks about her personal concerns about attending the upcoming inauguration of President-Elect Biden as D.C. and state capitols all over the country prepare to handle mounting threats of violence and her disappointment in how far we as a country have fallen. Aaron and Congresswoman Holtzman compare and contrast Trump and Nixon, their actions and handling of criminal activities, and the aftermath of Watergate. Throughout the conversation, comparisons of our current state are made to denazification and that of the mob. What will the standards be? How will the truth be established? And perhaps most importantly, how best should we proceed as a society to restore respect, trust, and the rule of law?

At 31, Ms. Holtzman was the youngest woman ever elected to Congress in 1972. She graduated from Harvard Law School and holds admissions in the state of New York; the U.S. Supreme Court; the U.S. Court of Appeals, 2nd Circuit; the U.S. District Court, Eastern District, New York; and the U.S. District Court, Southern District, New York. After more than 22 years in government, including 20 as an elected official, the Honorable Elizabeth Holtzman, now 79, handles government relations at the federal, state, and local levels as well as litigation in her position at Herrick.

During her four terms as a U.S. Congresswoman, she captured national attention for her role on the House Judiciary Committee where she voted to impeach President Richard Nixon and for her questioning of President Ford about the Nixon pardon; chaired the Immigration and Refugees Subcommittee (where she co-authored the Refugee Act of 1980 with Senator Ted Kennedy); and wrote many laws, including extending the deadline for ratifying the Equal Rights Amendment and the Rape Privacy Act. She was the first member of Congress to expose the U.S. government’s inaction on Nazi war criminals living in America and spearheaded the effort to bring them to justice. Congresswoman Holtzman subsequently became the first woman elected District Attorney in New York City, serving eight years as DA of King County (Brooklyn); she was also the first and only woman to be elected Comptroller of New York City.

In 2014, Congresswoman Holtzman was appointed by the Secretary of the U.S. Department of Homeland Security to its Advisory committee. She later resigned from that position to protest the policy of separating parents and children at the southwest border. Previously, Congresswoman Holtzman was appointed by President Bill Clinton to the Nazi and Japanese Imperial War Criminal Records Interagency Working Group, which oversaw the declassification of more than eight million pages of secret Nazi war crimes files held by the U.S. government.

Congresswoman Holtzman has written several books, including the 2018 book, The Case For Impeaching Trump, and many articles. She regularly appears as a commentator on television and has been featured in several movies, including Charles Ferguson’s “Watergate,” Robert Redford’s documentary “All the President’s Men Revisited,” and the Academy Award-winning documentaries, “Hôtel Terminus” about Gestapo Chief Klaus Barbie an “Women-for America, for the World,” about the nuclear disarmament. Congresswoman Holtzman has also received many honors and four honorary degrees for her significant contributions to American politics.

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To learn more about Congresswoman Holtzman, please click here and/or here.

To learn more about Congresswoman Holtzman’s 2018 book, The Case For Impeaching Trump, please click here.

Host: Aaron Freiwald

Guest: Hon. Elizabeth Holtzman

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Treason! A Conversation w/ Carlton F.W. Larson Jan 08, 2021

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Carlton F.W. Larson, of the University of California Davis School of Law, to discuss the events of January 6th and the siege on the U.S. Capitol. Aaron and Carlton have an incredibly important and timely conversation on the legalities of treason, insurrection, sedition and seditious conspiracy, as well as Trump’s responsibility, involvement and failure to protect.

Today’s conversation is of the utmost importance after the tragedy of Wednesday’s attack on Capitol Hill. The world watched in horror as a violent mob stormed the steps of Capitol Hill and seized possession of the Nation’s Capitol on one of America’s darkest days, Aaron and Carlton talk about what happened and the aftermath that we are now forced to sort through. Carlton and Aaron have a conversation about accountability, the history of treason and treason law, the incoming Biden Administration and the new Justice Department, and levying war. Aaron and Carlton touch on the Founders, case law, Article III, and more. What happens next? Is this treason? Is Trump responsible?

Carlton F.W. Larson is the Martin Luther King Jr. Professor of Law at UC Davis, as well as a scholar of American constitutional law and Anglo-American legal history. Professor Larson’s scholarship addresses a wide range of issues, including enemy combatant detentions, legacy preferences in public universities, the historical basis of Second Amendment rights, and parents’ rights to name their children. A graduate of both Harvard University and Yale Law School, Professor Larson is one of the nation’s leading authorities on the law of treason and is the author of the books On Treason: A Citizen’s Guide to the Law (Ecco/HarperCollins) and The Trials of Allegiance: Treason, Juries, and the American Revolution (Oxford University Press). Professor Larson’s scholarship has been cited by numerous federal and state courts and has been profiled in The New York Times, The Economist, TIME, and others. He is a frequent commentator for the national media on constitutional law issues and recently published a piece in The Washington Post, “The framers would have seen the mob at the Capitol as traitors.”

Prior to joining the UC Davis law faculty, Professor Larson served as a law clerk to Judge Michael Daly Hawkins of the United States Court of Appeals for the Ninth Circuit and spent three years as a commercial litigator at Covington & Burling in Washington, D.C.

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To read Professor Larson’s recent Washington Post article, “The framers would have seen the mob at the Capitol as traitors,” please click here.

To check out Professor Larson’s book, On Treason: A Citizen’s Guide to the Law, please click here.

To check out Professor Larson’s book, The Trials of Allegiance: Treason, Juries, and the American Revolution, please click here.

Host: Aaron Freiwald

Guest: Carlton F.W. Larson

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How do we heal? A Conversation w/ Lawrence Douglas Jan 01, 2021

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Lawrence R. Douglas, of Amherst College, to have a follow-up discussion on the current state of our politics, the integrity of our electoral system, and Professor Douglas’ most recent publication, Will He Go? Trump and the Looming Election Meltdown in 2020. Aaron and Lawrence discuss the aftermath of the 2020 election and analyze Will He Go. Where do we as a country go from here? Is there really hope for the future?

In today’s conversation, Lawrence and Aaron touch on a multitude of issues: toxicity, checks and balances, truth and basic facts, voter suppression, federal and state politics, and more. How has the 2020 election and the Trump presidency impacted our political system? Will there be lasting damage? Aaron and Lawrence discuss the lawsuits, the allegations, the conspiracy theories and what affects these have had on American’s view of our democratic process. Will Biden be “bootstrapped” by the unraveling of “normalcy”? Lawrence and Aaron explore this and more as they talk about cynicism, our current media environment, the upcoming Georgia run-off election, baseless claims of fraud and election interference, and contemplate just how bad things are and will be.

Lawrence R. Douglas is the James J. Grosfeld Professor of Law, Jurisprudence and Social Thought at Amherst, as well as the Chair of Law, Jurisprudence, and Social Thought. He is a graduate of Yale Law School, Columbia University (M.A.) and Brown University (A.B.) and is the author of seven books, including The Memory of Judgment: Making Law and History in the Trials of the Holocaust (Yale, 2001) and The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial (Princeton, 2016), a New York Times “Editor’s Choice.” Professor Douglas’ commentary and essays have appeared in Harper’s, The New York Times, The Washington Post, and The Los Angeles Times; and he is a regular contributor to the Times Literary Supplement and The Guardian (US), where is a contributing opinion writer.

Some of Professor Douglas’ courses touch directly on the substance of his research while others are “a bit further removed;” they all however are interdisciplinary in terms of both the materials read and the questions explored. His teaching asks students to see law not as a narrow system of rules, but as a complex system that serves to constitute and maintain ordered patterns of social life.

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To learn more about Professor Douglas, please visit his bio page here.

To check out Professor Douglas’ most recent book, Will He Go? Trump and the Looming Election Meltdown in 2020, please click here.

Host: Aaron Freiwald

Guest: Lawrence R. Douglas

**Please note: During the conversation, Biden’s winning margin in Pennsylvania was incorrectly stated. President- elect Biden won Pennsylvania by approximately 80,000 votes and Michigan by some 150,000 votes.

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A Christmas Reflection w/ Aaron Freiwald Dec 25, 2020

Show notes

Happy Holidays from Good Law | Bad Law. Thank you for everything! We are very much looking forward to the new year; to a time of change, hope, love and hopefully peace.

Repost: Please, Sir, may I have some more? A Conversation on food security w/ Laurie Ristino Dec 18, 2020

Show notes

As we celebrate the holiday season, let’s remember that because of COVID and the economic fallout, more and more Americans are depending on food distribution centers for a meal. Thinking of those who have so little in this country of such plenty, we are reposting this episode on food insecurity.

How do we think about agriculture in America? How should we think about it? And, how is food security affecting us in today’s COVID-19 crisis?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Laurie Ristino, a food security expert with Johns Hopkins University, to discuss food security, the idea of rural resilience, today’s “food movement,” impacts of the Farm Bill and more.

What is food security? And, what is the urgency today? Laurie explains that food security is the idea that all people, at all times, should have access to physical, social, and economic access to sufficient, safe, and nutritious food that meets their dietary needs. Laurie and Aaron connect these ideas to today’s current pandemic. Will we have enough food? How are rising unemployment rates going to impact our country’s ability to provide access to quality foods? Aaron and Laurie tackle these questions, touching on the pressing notion of food being a question of wealth and thus the implications of America’s wealth gap on health and accessibility.

Today’s episode focuses on answering some of the biggest questions surrounding food security, as well as conversely, food insecurity. How do we produce our food? Where does our food come from? How do we use our resources? Laurie and Aaron talk about sustainable versus ‘industrial’ agriculture, the relationship between climate change and food production, the intersection between environmental law and agriculture, as well as how today’s movements and decisions will translate into more governance and policy.

Lauri is a policy and law expert on food security, the farm bill, climate change, ecosystem services, and land conservation. Her work is concerned with reforming existing law and policy and developing new policy and civil society innovations to address climate change, social injustice, and to improve environmental and economic sustainability. Laurie has published articles, Op-Eds, and blogs proposing reforms to address soil, water, and air quality degradation, among other topics and is the co-author and editor of a comprehensive book on conservation easements, titled A Changing Landscape: The Conservation Reader.

Laurie practiced law for twenty years, serving as a senior counsel at the USDA where she advised on an array of natural resource and environmental matters. Currently, Professor Ristino advises leading NGOs and foundations on environmental policy and strategy matters through her consulting firm, Strategies for a Sustainable Future.

To learn more about Professor Ristino, please visit her bio page at Johns Hopkins here.

To learn more about Professor Ristino’s firm, Strategies for a Sustainable Future, and to access other resources on this topic, please click here.

Host: Aaron Freiwald

Guests: Laurie Ristino

Repost: Is Lethal Injection Fatally Flawed on Moral and Constitutional Grounds? A Conversation w/ Dr. Joel Zivot Dec 11, 2020

Show notes

We are approaching the January 20th inauguration of President-Elect Joe Biden. As the days wane, President Trump intends to break a 130-year-old precedent of pausing executions amid a transition of presidential power. Trump has five executions slated to happen over the next few weeks and if they all take place, Trump will become the most prolific execution president in more than a century. Today we are reposting episode #102 to shed light on the death penalty and lethal injections as Aaron and Dr. Joel Zivot discuss the moral and ethical challenges of the death penalty as well as the 8th Amendment and prisoner rights.

What are the moral and ethical challenges with the death penalty today? Not even so much whether to have a death penalty – which is a crucially important question, of course – but what are the moral dimensions of using lethal injection to carry out executions? And what moral implications are there because medicine used to heal, here is used to kill? And what about the requirement that health care professionals must engage in the act of taking a life?

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Dr. Joel Zivot to discuss the case of Russel Bucklew a death row inmate in Missouri who claims lethal injection would violate his 8thAmendment rights.

Russel Bucklew suffers from an illness called cavernous hemangioma, a disease that causes weak and damaged blood vessels. Bucklew contends that pentobarbital, the drug Missouri uses when executing inmates by lethal injection, would not circulate through his blood properly. As a result, Bucklew and some doctors believe he would hemorrhage, choke on his own blood, and suffocate.

Dr. Zivot testified on Mr. Bucklew’s behalf saying, “If we are going to have capital punishment, it has to be done correctly.” In today’s episode, Dr. Zivot walks Aaron through the intricacies of the case and Mr. Bucklew’s illness. Dr. Zivot states during the episode, Mr. Bucklew isn’t challenging his sentence, he just wants his sentence issued in a way that doesn’t cause him torture. Instead of lethal injection, Mr. Bucklew has requested the state use lethal gas, a method that is approved in Missouri.

Join Aaron and Dr. Joel Zivot for today’s discussion on the 8th Amendment and a death-row prisoner’s right to health care.

Host: Aaron Freiwald

Guest: Dr. Joel Zivot

Want the episode transcription? Click here.

Doctors as Drug Dealers: A Conversation w/ Zack Feinberg Dec 04, 2020

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Zachary Feinberg, of our firm, Freiwald Law, to discuss the current opioid epidemic, the ongoing opioid litigation, and specifically, the role doctors have played in perpetuating this addiction crisis at the expense of their patients.

With a unique background, Zack offers his perspective and experience in today’s conversation as he and Aaron talk about the opioid crisis in America and the role of prescribing doctors as almost “ambassadors” of these drugs. What has the evolution been in the epidemic? How much are our doctors involved? And what is the best way to seek treatment? Aaron and Zack talk about these questions and more as they discuss opioid abuse, opioid overdoses, Big Pharma, “front groups,” pill mills, and fraudulent marketing tactics rivaling that of Big Tobacco. What has the impact been on individuals? And what can people do? Zack and Aaron talk about the role of state governments, of sweeping MDLs, the notion of “pseudo addiction,” and more.

Zack is a graduate of both Northeastern University and the Kline School of Law at Drexel University. Prior to law school, Zack graduated from Northeastern with a degree in Behavioral Neuroscience. Before pursuing law, Zack worked directly with patients at an in-patient psychiatric hospital. While he enjoyed helping patients, Zack witnessed first-hand the abuses and mistakes that can happen in the healthcare system. In practice, Zack strives for the opportunity to mix his background together to fight for his clients; whether it is systematic injustice, corporate greed, or a scientific or medical error. Zack’s dedication to helping people continues in his community work. He is an active participant in his law school’s mock interview program and is also a team leader for the non-profit civic organization, HeadCount.

Listen now to learn more and to find out what it is you need to know!

To learn more about Zack, please visit his bio here.

To contact Zack, please email zsf@freiwaldlaw.com.

To access the CMS Open Payments Database, please click here.

Host: Aaron Freiwald

Guest: Zachary Feinberg

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Pitbull's Yell: A Conversation w/ Leslie José Zigel Nov 27, 2020

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney and recording artist Pitbull’s general counsel, Leslie José Zigel, of Greenspoon Marder, to discuss entertainment law, his experience in the music industry, and trademarking Pitbull’s recognizable “EEEEEEEYOOOOOO” yell.

Mr. Zigel began his career at Festival Productions Inc. after graduating from the University of Rochester. In addition to serving as a producer for festivals such as Newport Jazz Festival, New Orleans Jazz and Heritage Festival, and Playboy Jazz Festival, he spearheaded the launch of American Express Platinum Card’s “By Invitation Obly” program and served as the Marketing Director for the American Express Gold Card Events. In today’s episode, Leslie and Aaron discuss the importance of relationships, the ins and outs of the music business industry, the “art and science” of sampling, contract negotiations and more. Mr. Zigel explains the importance of learning lessons throughout his career and explains why and how he is where he is. Touching on a variety of topics, Aaron and Leslie talk about sensory marks and the huge success of trademarking Pitbull’s sound, what the impact of Covid-19 has been and what the pandemic might mean for the future of entertainment, as well as the process of “clearing” records and managing copyrights.

Mr. Zigel is a partner and Chair of Greenspoon Marder’s Entertainment, Media & Technology Industry Group. He focuses on both the creative and business sides of the entertainment industries in the music, television, film and new technology sectors. His practice includes counseling clients in entertainment talent negotiations, record contracts, music and book publishing, providing outside general counsel services and assisting companies with corporate structuring, financing, operations, sales and acquisitions, trademarks, copyrights and employment advice. Music is what ultimately drew Mr. Zigel to both his chosen profession as well as his passion project – jamming. Born to classical and opera enthusiast doctors, he fell in love with classic rock and started playing percussion, piano and saxophone at a very young age.

Listen now to learn more!

To learn more about Mr. Zigel, please click here.

Host: Aaron Freiwald

Guest: Leslie José Zigel

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Immigration and the New President: A Conversation w/ Cristina Rodríguez Nov 20, 2020

Show notes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Cristina Rodríguez, of Yale Law School, to discuss immigration law, President-Elect Joe Biden, executive power and what the future of immigration could look like.

Who controls American immigration policy? In today’s episode, Aaron and Cristina discuss this question and more, as well as Cristina’s new co-authored book on the topic, The President and Immigration Law. The biggest immigration controversies of the last decade have all involved policies produced by the President – policies such as President Obama’s decision to protect Dreamers from deportation and President Trump’s proclamation banning immigrants from several majority-Muslim nations. Cristina and Aaron talk about this idea of executive decision-making and how it has shaped our immigration system. Aaron and Cristina touch on the notions of power, status, oversight, voter suppression, and resentment as they explore the ins and outs of our country’s immigration history, the impact of partisan policies, and the roles of the President and Congress. The President and Immigration Law chronicles the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief and offers a blueprint for reform.

Professor Rodríguez is the Leighton Homer Surbeck Professor of Law at Yale Law School. Her fields of research include constitutional law and theory, immigration law and policy, administrative law and process, and citizenship theory. In recent years, her work has focused on constitutional structures and institutional design. She has used immigration law and related areas as vehicles through which to explore how the allocation of power (through federalism, the separation of powers, and the structure of the bureaucracy) shapes the management and resolution of legal and political conflict. Her work has also examined the effects of immigration on society and culture, as well as the legal and political strategies societies adopt to absorb immigrant populations. Professor Rodríguez joined Yale Law after serving for two years as Deputy Assistant Attorney General in the Office of Legal Counsel at the U.S. Department of Justice. She earned her B.A. and J.D. degrees from Yale and attended Oxford University as a Rhodes Scholar. Following law school, Professor Rodríguez clerked for Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit and Justice Sandra Day O’Connor of the U.S. Supreme Court.

Listen now to learn more!

To check out, The President and Immigration Law, please click here.

To learn more about Professor Rodríguez please visit her bio page here.

To learn more about Professor Rodríguez’s co-author, Professor Adam Cox, please visit his bio page here.

Host: Aaron Freiwald

Guest: Cristina Rodríguez

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