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

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Ep. 230: Does The Holmes Conviction Put Tech Startups On Notice? Jan 08, 2022

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This week a federal jury convicted former Theranos CEO Elizabeth Holmes of defrauding investors, but cleared her of charges that she deceived patients with blood-testing technology she knew didn’t work. We’re joined by Law360 reporter Dorothy Atkins who covered the lengthy trial to walk us through which side was the big winner in the case, what it means for another Theranos executive who is still facing charges, and how the verdict may change the behavior of tech startups. Also this week: A Texas appellate court overturns a verdict after Zoom glitches taint a trial; the D.C. Circuit gives new life to a lawsuit that accuses pharma giants of financing terrorism; and we discuss some recent overlaps between reality TV and the law.

The Fall Of Tom Girardi Ep. 2: A Low Bar In California Dec 29, 2021

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Tom Girardi allegedly grifted clients for years and got away with it. How could that happen, and who should have stopped him? On part two of our series exploring the downfall of Tom Girardi, Law360 reporter Brandon Lowrey shares the findings of his extensive investigation into the flaws in the system meant to hold attorney accountable. What he found were legal, structural and cultural flaws - particularly at the State Bar of California - that allowed Girardi to escape public punishment for decades.

Regular episodes of Pro Say will resume next week.

The Fall Of Tom Girardi Ep. 1: The Thief In Shining Armor Dec 28, 2021

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The Pro Say podcast is taking a break this week for the holiday. In its place, please enjoy Law360 Explores: The Fall Of Tom Girardi, a two-part series investigating how the life and career of one of America's most successful plaintiff's attorneys unraveled after he was accused of stealing money from clients. In part one of our series, we explain how Tom amassed wealth and influence in California legal circles by racking up huge wins in court and throwing lavish parties for his friends, all with a reality television celebrity wife on his arm. But attorneys who knew him and clients who trusted him say that shiny exterior hid a darker truth.

Ep. 229: CHRISTMAS SPECIAL - Unwrapping The Best Weird Legal News Dec 23, 2021

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We dedicate this show to the Pro Say Family Christmas. Drum roll please? It’s our annual Best Of The Offbeats episode looking back on our favorite weird legal news of the year! We’re checking back on the Morrison & Foerster attorney who spent $400,000 of the firm’s money on products like “butt-enhancing trunks;” the West Virginia woman who faked her own death with the help of her husband; a Covid-19 eviction ban argument centered on the oft-forgotten Third Amendment; and finally, a Pro Say history lesson on the evolution of the lawyer joke. Yes, we worked really hard this year. But of course, so do washing machines. Happy holidays everyone!

Ep. 228: 2021 RECAP - The Year In Legal News Dec 17, 2021

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2021 has been a journey. The world continued to grapple with a global pandemic, and while vaccines gave the promise of light at the end of a dark tunnel, they also brought a fresh set of challenges for the legal community to sort through. Meanwhile, the 2020 battle over race and policing shifted into the courtroom this year, where justice for George Floyd’s murder was sought and won. On this week’s episode of Pro Say, we look back on the legal stories and trends that defined the year, from the flurry of lawsuits over President Biden’s vaccine mandates, to some blockbuster courtroom showdowns that proceeded in person this year.

Ep. 227: The Supreme Court Case Redefining Right To A Fair Trial Dec 11, 2021

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The U.S. Supreme Court heard oral arguments this week in a case involving two Arizona death row inmates that could redefine how claims of ineffective trial counsel in state courts are heard at the federal level. On this week’s episode, Law360 Pulse reporter Marco Poggio joins us to explain how the argument played out, and why an eventual ruling could have life-or-death consequences for many who argue they didn’t get a fair trial. Also this week: The alleged inventor of Bitcoin gets hit with a $100 million jury verdict in Florida; a novel criminal indictment of a Massachusetts state judge leaves the First Circuit scratching their heads; and finally, a Georgia judge offers an early Christmas present to parents by banning Elf on the Shelf.

Ep. 226: How King & Spalding Beat Wrongful Termination Claims Dec 04, 2021

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The closely watched legal fight between King & Spalding LLP and one of its former associates wound to a close this week as a New York federal jury rejected the attorney’s claims that he was fired for flagging ethical transgressions by firm leaders. It was a contentious and at times colorful trial, with the former BigLaw attorney running into a number of difficulties as he represented himself pro se against his former bosses. Pete Brush joins the show this week to break down the trial. Also this week, New Jersey court staff ask for a psychiatric evaluation of a state judge suing them over a hostile work environment and lawyers for Madison Square Garden call for sanctions against attorneys for former New York Knick Charles Oakley. Finally, a former Temple business school dean is rung up on criminal charges for inflating the school’s ranking in U.S. News & World Report.

Ep. 225: How The Military Fails Sexual Assault Victims Nov 20, 2021

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The U.S. military has a terrible track record of mishandling sexual assault cases. Some lawmakers are pushing for an overhaul of the military justice system that would alter the way cases are investigated, charges are filed, and juries are seated. This week we welcome Law360 reporter Sarah Martinson to the show to explain what changes could improve military justice. Also this week: we break down what to watch in an ongoing trial between King & Spalding and a fired ex-associate; a Florida state judge accuses a local attorney of blackmailing her with the release of nude photographs as part of a protracted custody battle; and the story of a Pennsylvania attorney who took of his pants in the courthouse rotunda.

Ep. 224: Law Student Fellows Take On Systemic Racism Nov 13, 2021

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How do you eliminate systemic racism in the legal system? This year, 12 law students from Historically Black Colleges and Universities took part in a Lexis fellowship aimed at tackling that very big question. Three of the fellows join Pro Say this week to talk about projects they worked on, with ideas ranging from a new way for law school admissions officers to evaluate candidates, to a safe space for minority attorneys to voice concerns, to a corporate-backed bail fund to address inequalities exacerbated by the cash-bail system.

Ep. 223: The Vaccine Rule That Could Launch 1,000 Lawsuits Nov 05, 2021

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The U.S. Department of Labor on Thursday delivered the much-anticipated details of President Joe Biden’s order that large private businesses require employees to either be vaccinated against COVID-19 or submit to weekly tests. So what does it mean if you’re a business owner or a worker, and will the rule survive the likely deluge of legal challenges? Law360 Employment Authority editor-at-large Vin Gurrieri joins us this week to unpack all the devilish little details. Also this week: A breach of contract trial involving a perfume company and Jay-Z gets testy after the hip-hop icon takes the stand; the Justice Department attempts to block two publishing giants from merging; and finally, a definitive ranking of the best legal characters so far in HBO’s hit drama series “Succession.”

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