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

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Ep. 214: Blood Feud - The U.S. v. Elizabeth Holmes Sep 03, 2021

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The upcoming criminal trial of former Theranos CEO Elizabeth Holmes figures to center around one crucial question: Was the blood testing startup’s failure a case of misguided Silicon Valley over-ambition, or was it outright fraud? Law360’s Dorothy Atkins has been covering the Theranos litigation for years, and she joins us this week to break down all you need to know ahead of next week’s long-awaited trial. Also on the show: The Supreme Court refuses to halt a Texas law prohibiting abortions after six weeks and the Manhattan DA muscles up against a bogus COVID-19 vaccination card ring.

Pro Say Movie Club - Liar Liar Aug 31, 2021

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Can you reverse-engineer an entire movie out of a lawyer joke? That’s the question we’re asking on the Pro Say Movie Club as we talk about Liar Liar, a 1997 Jim Carrey romp about a deeply dishonest attorney named Fletcher Reede who is suddenly put under a magical spell that forces him to tell the truth for 24 hours. On this week’s show, we’re talking about the legal ethics of lying; the baseball career of Jose Canseco; the struggle for work-life balance in BigLaw; the aesthetics of courthouse bathrooms; prenuptial agreements under California law; and much more.

Ep. 213: Forget Insider Trading, Let’s Talk About 'Shadow Trading' Aug 27, 2021

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You’ve probably heard of insider trading, but what about “shadow trading”? Federal regulators are pursuing a novel civil lawsuit that claims a pharma executive broke the law by using insider information about his own company to get rich — only he did it by buying another company’s shares. Law360 securities law reporter Dean Seal joins us this week to talk about the phenomenon of shadow trading and how the regulators are trying to crack down. Also this week: Nirvana is hit with a child pornography lawsuit over the naked child on the cover of an iconic album; the Supreme Court weighs in on a Trump-era “remain in Mexico” policy; and Steve Harvey heads to television court to serve as a judge.

Pro Say Movie Club - Loving Aug 24, 2021

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Richard Loving and Mildred Jeter fell in love, found out they were expecting a baby, and ran off to get married. But then they were arrested in their bedroom in the middle of the night. The crime? Back in 1958, Virginia law barred interracial marriage. Their arrest set the stage for a years-long legal fight that made it all the way to the U.S. Supreme Court and changed the future for millions of couples. On this week’s episode of the Pro Say Movie Club we’re talking about the true story depicted in the movie “Loving,” the toll it took on the couple’s life, and how the Loving’s case worked its way through the court system to ultimately change the U.S. Constitution and bolster civil rights forever.

Ep. 212: Will Vaccine Mandates Skew Jury Pools? Aug 20, 2021

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Requiring COVID-19 vaccination for jury members seems like a public health no-brainer as Delta continues to spike, but it’s raising tricky questions about whether vaccine disparities along racial and political lines could skew jury pools. Joining us this week to discuss the issue is Law360 senior reporter Chris Villani, who breaks down how judges across the country are handling juror vaccination and how trial attorneys are reacting. Also this week: Law360’s annual look at how big firms are working toward diversity; a novel effort by Arizona State University to sue an Instagram account spreading pandemic misinformation; and a bizarre back-and-forth between a trial judge and appellate court that left the Second Circuit “puzzled.”

Ep. 211: Maybe Covid Isn’t Over Aug 13, 2021

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Driven by the delta variant, Covid-19 infections are spiking across the country, leaving courts and law firms to once again grapple with public health and safety measures. On this week’s episode, we’re breaking down the patchwork of new restrictions, from courthouse mask rules to BigLaw vaccine mandates. Also this week, a public corruption trial with such bad lawyering that the First Circuit granted a redo; and an interesting argument against the Covid-19 eviction ban centered on the almost-never-invoked Third Amendment.

Pro Say Movie Club - Michael Clayton Aug 10, 2021

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Some elite lawyers are miracle workers. Others are janitors. Michael Clayton, the eponymous main character of our Pro Say Movie Club pick this week, is the latter. Clayton, played by George Clooney, is a so-called fixer at a prestigious Manhattan law firm who is thrust into crisis after his boss and mentor has a mental breakdown while defending the producer of a deadly weed killer. As the sinister client attempts to contain the problem, Clayton is forced to confront not only an ugly conspiracy, but also his own moral compromises. We explore that seedy underbelly of corporate litigation and the daily grind of a BigLaw life that values the billable hour above all else on this week’s episode.

Pro Say Movie Club - The Devil’s Advocate Aug 03, 2021

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Every young associate has probably had a tough boss at their firm, but what if that boss was literally Satan? Our pick for the Pro Say Movie Club this week “The Devil’s Advocate” tells the story of hot shot Florida litigator Kevin Lomax, played by Keanu Reeves, whose perfect courtroom record draws the eye of a tony New York law firm and its enigmatic top partner John Milton, played by Al Pacino. The new caseload presents Kevin with a series of escalating moral crises and rips his family apart as he becomes an unwitting pawn in a battle for humanity. We discuss Kevin’s savant-like abilities in the courtroom; how accurate his BigLaw life really is -- would all the partners really live in the same condo building?; and how winning the case at all costs isn’t always worth it.

Pro Say Movie Club - My Cousin Vinny Jul 27, 2021

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On this week’s episode of the Pro Say Movie Club, we comb our hair, put on our suits made out of some kind of cloth, and journey to the south with Joe Pesci and Marisa Tomei in the venerable 1992 legal comedy “My Cousin Vinny.” Pesci plays Vincent Gambini, a sharp but inexperienced New York attorney who’s way out of his element defending two “yutes” accused of murdering a store clerk in a small Alabama town. With the help of girlfriend Mona Lisa Vito’s automotive prowess, and some magic grits, Gambini slowly learns to navigate the courtroom and ends up giving a masterclass in cross-examination. We’ll break down all the scenes and discuss why it’s been heralded as one of cinema’s most accurate trial depictions.

Ep. 210: New York’s Weed Law Aims For A True Clean Slate Jul 23, 2021

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Earlier this year, New York joined the growing list of states to legalize recreational marijuana. But the Empire State’s law goes a step further by automatically expunging hundreds of thousands of cannabis-related criminal convictions, offering a clean slate to those hampered by aggressive enforcement in the past. Law360 reporter Marco Poggio joins the show this week to break down the impact of this provision, the challenges that lie ahead, and the likelihood of other states following New York’s lead. Also this week: intrigue in Florida where a federal judge ordered a new trial after learning government prosecutors had deliberately spied on defense strategy meetings; and a huge jury award for a former Walmart employee fired after the company refused to accommodate her disability.

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