UnCommon Law

Latest Episodes:

1. The Death of George Floyd: Police on Trial Mar 08, 2021

Show notes

The trial of former Minneapolis police officer Derek Chauvin, who is charged with second-degree unintentional felony murder and second-degree manslaughter in the death of George Floyd, begins this week with the task of finding 12 jurors who can set aside their opinions and render a unanimous verdict. But in a high-profile case such as this, with so many strong opinions already formed, criminal law experts are saying that jury selection may be the most critical piece of the case. The question at the heart of the case is whether what millions of people saw on the viral video of Chauvin kneeling on the neck of Floyd as he died was murder or a tragic accident..

In advance of what very well could be the highest profile court case since O.J. Simpson or Rodney King, officials in Minnesota have spent the last eight months preparing for another wave of civil unrest. Barricades and fences have been erected in front of government buildings and thousands of police officers and National Guard members and have been called in as backup. Law enforcement has vowed to preserve people’s rights to assemble and protest, but also keep the peace. The three other officers involved in the case, Tou Thao, Alexander Kueng and Thomas Lane are charged with aiding and abetting murder and manslaughter. Their separate trial is now scheduled for Aug. 23.

We talk to Jack Rice, a Minneapolis-based defense attorney, and Glenn Kirschner, a former federal prosecutor with 30 years of trial experience, about the intricacies of picking a jury in a pandemic. Reporter Jordan Rubin also joins to lay out the basics of the case

Here is a link to the full 16-page jury questionnaire.

Black Lawyers Speak, Ep. 5 Jan 13, 2021

Show notes

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms, law schools and corporations about how issues or diversity and inclusion are being treated in the wake of last summer's police shootings and protests.

In episode five, we turn our attention to the issue of diversity in the federal judiciary. We speak with former judges and legal scholars as well as advocacy groups about what role diversity should play in court appointments, and how it impacts the perception of the courts' legitimacy by the communities they serve.

In episode five, Bloomberg Law interviews:

Eric H. Holder Jr., former United States Attorney General and partner at Covington & Burling LLP.
Janai Nelson, Associate Director-Counsel of the NAACP Legal Defense and Educational Fund (LDF).
Jonathan Adler, Johan Verheij Memorial Professor of Law at Case Western Reserve School of Law.
Trina Jones, Jerome M. Culp Professor of Law at Duke University School of Law.
Catherine Smith, professor at the University of Denver Sturm College of Law.
Stephen Robinson, of counsel at Skadden Arps and former federal judge for the U.S. District Court for the Southern District of New York.
Lena Zwarensteyn, Fair Courts Campaign Director for the Leadership Council on Civil and Human Rights.

"Black Lawyers Speak: Stories of the Past, Hopes for the Future," a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s new home for audio documentaries.

Black Lawyers Speak, Ep. 4 Jan 06, 2021

Show notes

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms and in corporations about how they are doing the hard work of culture change, and how, through their work, they are underscoring the argument that diversity is good business.

In episode four, we turn our attention to the unique experiences of African American women law partners, a segment that comprises less than 1% of all partners in the legal profession. We speak with veteran lawyers who have ascended to the highest ranks of leadership at major firms, those who serve as general counsel at large companies and younger partners who are putting their stamp on a more inclusive future right now. In episode four of Black Lawyers Speak, Bloomberg Law interviews:

Shauna Clark, global and U.S. chair of Norton Rose Fulbright and U.S. head of employment and labor practice.
Grace Speights, global head of labor & employment practice at Morgan Lewis.
April Boise Miller, co-founder of the Black GC 2025 Initiative and executive vice president and general counsel at Eaton.
Christa Brown-Sanford, partner and deputy chair of intellectual property at Baker Botts
Raqiyyah Pippins, life sciences and healthcare regulatory partner at Arnold & Porter
Tsedale Melaku, Ph.D., sociologist and postdoctoral research fellow at the Institute for Research on the African Diaspora in the Americas & the Caribbean at The Graduate Center, City University of New York
Maja Hazell, global head of diversity & inclusion at White & Case

Black Lawyers Speak: Stories of the Past, Hopes for the Future," a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s home for audio documentaries.

Black Lawyers Speak, Ep. 3 Dec 23, 2020

Show notes

In the wake of last summer’s protests, more law firms in the AmLaw 200 are being more vocal about plans to increase their diversity. For decades, Big Law has been one of the least diverse industries in America, especially when it comes to Black lawyers. In episode three of Black Lawyers Speak, we focus on the legal education pipeline and whether law schools and law students can push law firms to be accountable for their rhetoric.

Legal experts point out that one reason for the lack of diversity is the fact that elite firms tend to recruit and hire most from top-ranked law schools. And, not only are these schools expensive and difficult to get into, but they just don’t graduate enough students of color to diversify an entire corporate sector. Some law school dean argue that to be successful, the legal industry will need to start doing things differently. That could include hiring a larger percentage of students from schools ranked outside of U.S. News & World Report's top 14 and re-evaluating the significance of law school rankings.

In episode three of Black Lawyers Speak, Bloomberg Law interviews:

L. Song Richardson, dean and professor of law, University of California, Irvine School of Law
Mariah Levy, law student, Northwestern University Pritzker School of Law
Rashad Abdallah, law student, University of Michigan Law School
Rachel Barnes, law student, University of Virginia School of Law; chair of the National Black Law Students Association
Danielle Holley-Walker, dean and professor of law, Howard University School of Law
Tsedale Melaku, sociologist, Critical Race and Gender Scholar
Elie Mystal , justice correspondent at The Nation
Wendell Taylor, Washington office managing partner of Hunton Andrews Kurth
Merle Vaughn, managing director and national law firm diversity practice leader at Major, Lindsey & Africa

Black Lawyers Speak, a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s new home for audio documentaries.

Black Lawyers Speak, Ep. 2 Dec 16, 2020

Show notes

Despite the increased emphasis on diversity and inclusion in law firms, the legal profession remains among the least diverse of any profession today. According to the American Bar Association’s National Lawyer Population Survey, in 2007 just 4% of active attorneys identified as Black or African American. Since that time, the number has remained largely flat at around 5%, despite decades of diversity efforts and studies that diversity is good for business.

Law firms say that they recognize that the ongoing lack of diversity is a problem, and they say they are committed to fixing it. But what steps are they taking and why haven’t the programs they’ve put in place been more effective? Also, what role are general counsel playing as companies seek to leverage the carrot of their business to promote change.

In episode two of Black Lawyers Speak, Bloomberg Law interviews:

Tony West, chief legal officer at Uber
Elie Mystal, justice correspondent at The Nation
David Wilkins, vice dean for Global Initiatives on the Legal Profession at Harvard Law School
Chaka Patterson, senior vice president and general counsel
Adtalem Global Education
Kim Rivera, president, strategy and business management and chief legal officer at HP Inc.
Raqiyyah Pippins, partner at Arnold & Porter
Stephen Robinson, partner, litigation; co-chair of the global Diversity Committee at Skadden
Kinika Young, senior director of health policy and advocacy at Tennessee Justice Center
Warren Allen, founding member of WTAII PLLC

Black Lawyers Speak, a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s new home for audio documentaries.

Black Lawyers Speak, Ep. 1 Dec 09, 2020

Show notes

For months now, law firms and companies across the nation have joined the national dialogue on race and equality—sprouting up amid outcry over the deaths of George Floyd, Breonna Taylor and others — to take a fresh look at how their corporate cultures can better incorporate diversity and inclusion. But every effort to change culture comes with a cost: disruption of the status quo. Is the legal profession willing to pay it? This podcast takes aim at this question and others. Why has Big Law struggled for decades to hire and promote more Black attorneys, despite years of discussion and efforts? What can we learn from the sacrifices and triumphs of pathbreaking law firm leaders and law professors? And will the hopes African American lawyers have held for greater equity in corporate spaces finally be realized this time?

In this podcast series, we’ll be peeling the curtain back on the experiences of African American lawyers at elite law firms and companies and their work for equality in the profession. You'll hear insight on the challenges of culture change, and why, despite it all, they have great hope for the future.

Co-hosts and producers of this podcast: Adam Allington and Lisa Helem.

Executive producer: Josh Block

Executive editor: Lisa Helem.

Additional production and editing by Marissa Horn and Rebekah Mintzer.

Introducing: Black Lawyers Speak Dec 04, 2020

Show notes

Despite decades of work to educate more Black lawyers, the percentage of Black associates and partners in firms across the U.S. remain very low, and well below those of other professional careers. Big Law firms across the board are ramping up social justice efforts as the nation engages in a renewed dialogue on race and equality. But some have accused firms of using minorities as “diversity props” to impress clients and misrepresent their inclusiveness to potential employees. So what are law firms doing to fix their lack of diversity?

Hosts Adam Allington and Lisa Helem, along with reporters Ayanna Alexander, Ruiqi Chen, and Meghan Tribe, interviewed lawyers across the industry, from corporate general counsels to top Am Law 200 lawyers to current law students, each sharing their experience navigating the legal space as a person of color. We try to answer what law firms are doing to recruit more diverse classes of lawyers, and how they are addressing barriers to entry for Black lawyers.

Business, Interrupted Nov 12, 2020

Show notes

Businesses all across the country have been shutdown for days, weeks, or even months at a time due to the coronavirus pandemic. Many assumed their insurance policies would help them defray some of their lost revenue. But those assumptions were, by and large, wrong.

In this special audio documentary, “Business, Interrupted” we look at why insurers denied the claims of their shuttered policyholders. A team of reporters from Bloomberg Law and Bloomberg Tax look into the so-called “virus exclusion” clauses, that insurers quietly inserted into many of their business policies, and how those clauses are now creating strife between insurers and businesses.

We hear from several small business owners across the country about the shock they felt when their pandemic claims were denied, in some cases within hours after filing. We also hear from regulators and lawmakers about whether they will force insurers to retroactively honor these claims, a possibility that insurers view as an existential threat to their entire industry.

--With assistance from Lydia Beyoud, Evan Weinberger and, David Hood

7. Business of Bees: Live in Seattle [Bonus Episode] Feb 26, 2020

Show notes

A discussion of the state of pollinator ecology and economics hosted by Adam Allington at the American Association for the Advancement of Science's annual meeting. Guests include Peter Nelson, director of the documentary film, “The Pollinators,” and Donna McDermott, a PhD candidate at Emory University studying the impact of pesticides on bumble bee behavior.

6. Of Pollinators and Pesticides Jun 20, 2019

Show notes

Bees are up against a lot these days: a shrinking habitat, invasive mites, Colony Collapse Disorder, and even the pesticides on the crops they help pollinate. Hosts Adam Allington, Tiffany Stecker and David Schultz dig into recent studies that show nectar and pollen contaminated with insecticides may be harming bees much more than previously thought.

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