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

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Ep. 202: Amazon Joins The Big Tech Antitrust Party May 28, 2021

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Amazon was hit with an antitrust lawsuit from Washington DC’s attorney general this week, accusing the tech giant of crushing competition and driving up prices. On this week’s show, Alex and Bill break down the new lawsuit and how it compares to recent similar cases against Google and Facebook. Also this week: A prominent plaintiffs firm is scolded for “fraud” and booted from a securities class action related to the FIFA bribery scandal, and a Trump-era ambassador sues over a verbal promise from Mike Pompeo to pay his legal bills.

Ep. 201: The Thorny Law That Brought Down A DA May 21, 2021

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An elected North Carolina district attorney was recently forced out of office via an obscure state law. Some say this was an instance of the law holding a DA accountable for ethical breaches, but others fear the state law could be used to punish DAs for unpopular decisions. On this week’s episode of Pro Say we welcome Law360 ethics expert Andrew Strickler to unpack this unusual ouster. Also this week: The Supreme Court takes up a bombshell abortion rights case with the potential to undo Roe v. Wade; lawsuits stemming from the GameStop trading saga from earlier this year get bundled into multidistrict litigation; and a former MLB pitcher claims that the Houston Astros’ cheating scandal cost him more than his career -- his trade secrets were also stolen.

Ep. 200: The Abrupt Fall Of The SEC's New Top Cop May 14, 2021

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Just a week into her tenure as a high-ranking SEC official, former BigLaw partner Alex Oh abruptly resigned in April — with little indication as to why. Now, the former Paul Weiss attorney has been sanctioned over a tense deposition in a human rights case against Exxon. On this week’s episode, Law360 senior securities reporter Deal Seal joins the show to unpack this messy situation. Also this week: A Texas bankruptcy judge dismisses the NRA’s bankruptcy case on account of bad faith; New Jersey sets strict guidelines on attorney accolades like Super Lawyers; and a Michigan man shows up for Zoom court with an unfortunate (and hilarious) screen name.

Ep. 199: A Tense Battle Over Vaccine IP May 07, 2021

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Covid-19 vaccines have hit the market, but there remains a huge discrepancy in access to the life-saving treatments between rich and poor countries. This week, the Biden administration endorsed a suspension of global intellectual property rules that advocates say will help worldwide vaccine distribution, teeing up a closely watched clash with the pharmaceutical industry. Law360’s Ryan Davis joins the show this week to break down this high-stakes collision of trade law, IP rights and public health. Also this week, a D.C. judge strikes down a federal eviction ban sparked by the pandemic, and the U.S. Tax Court puts a dollar figure to the complicated public image of Michael Jackson. Finally, the attorney who got tossed out of the Second Circuit for “discourteous” behavior gets a formal rebuke.

Ep. 198: What Opioid Crisis? Drugmakers Test Bold New Tack Apr 30, 2021

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After years of denying responsibility for the opioid crisis, major drugmakers are trying out a bolder defense in a trial that just kicked off in California: downplaying the severity of the crisis itself. This week, we’re breaking down the big trial and this new strategy, plus: Accusations that Bayer is running a “pay-to-appeal scheme” to help beat cancer litigation about Roundup weedkiller; A crash of a self-driving Tesla highlights legal uncertainty over who should be held liable for automated car wrecks; and a Morrison & Foerster staffer pleads guilty to spending more than $400,000 of firm money on personal products like “butt-enhancing trunks.”

Ep. 197: How Derek Chauvin Was Convicted Of Murder Apr 23, 2021

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Former Minneapolis police officer Derek Chauvin was found guilty Tuesday for the murder of George Floyd, following a weeks-long trial that captured the world’s attention. Law360’s senior trials reporter Cara Bayles was there every step of the way, and she joins us this week to break it all down — the big takeaways, the key moments, and what the verdict might mean for future police brutality cases. Also this week: A messy story about a BigLaw attorney in hot water over lies to a federal judge; a look back at Bernie Madoff’s massive fraud in light of his recent death; and a victory for MLB umpire Joe West in a defamation lawsuit against a former player who falsely accused him of accepting a bribe.

Ep. 196: Amazon Didn’t Unionize. What’s Next? Apr 16, 2021

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A landmark union push at an Amazon warehouse in Alabama ended in defeat Friday as workers decisively opted against organizing. While the outcome is a setback for organized labor, it may not be the end of the story. This week, we’re joined by Law360’s Braden Campbell to discuss the closely watched vote and the union’s looming effort to challenge the results. Also this week, a parent charged in the Varsity Blues college admissions scandal sues Netflix over his depiction in a documentary about the case; federal regulators start cracking down on Wall Street’s booming market for so-called blank check companies known as SPACs; and finally, Amber regails the boys with a story from her hometown about a man who would do anything for his wife, even if it meant pretend-killing her to escape fraud charges.

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For more than a decade, Google and Oracle have been duking it out over the extent to which individual companies can control an important building-block component of computer software code -- with Google potentially on the hook for billions of dollars in damages and the future of the technology industry seemingly at stake. On Monday, we finally got an answer from the Supreme Court, which avoided a critical copyright question but found that Google had made fair-use out of Oracle’s software code. Our own Bill Donahue has been tracking this case for years, and breaks down what the ruling means on this week’s Pro Say. Also this week, Amber catches us up on a pair of insurance coverage and tuition reimbursement suits stemming from COVID; and “Trade Law with A-Law” makes a triumphant return as Alex breaks down how courts have tackled the Trump administration’s national security tariffs.

Ep. 194: NCAA Finds Few Fans At The High Court Apr 02, 2021

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The fierce debate over the NCAA’s restrictions on paying college athletes reached the Supreme Court this week, with justices from across the ideological spectrum openly criticizing the current structure of college sports. On this week’s Pro Say, we break down the case and the tough questions lobbed by the justices. Also this week, the high court relaxes rules aimed at limiting media consolidation and a New York attorney’s refusal to wear a mask results in his case getting tossed. Finally, the gang commemorates Opening Day with a lawsuit from a former MLB pitcher claiming that the Houston Astros’ bombshell cheating scandal cost him his career.

Ep. 193: BigLaw Fights To Change Juvenile Life Sentences Mar 26, 2021

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BigLaw attorneys teamed up with the ACLU this month to win major changes to how Maryland grants parole to prisoners serving life sentences for crimes they committed as children. We’re joined this week by Law360 reporter Justin Wise to break it all down, including the details of the case, its potential impact, and how white-shoe law firms work with non-profit activists. Also this week: A former personal lawyer to President Trump fights defamation accusations by arguing that nobody should have taken her claims of voting fraud as factual; and a New Jersey legal ethics board weighs in on the perils of attorney “reply all” emails with clients.