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PODCAST

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

Law360 - Legal News & Analysis

Pro Say is a weekly podcast from Law360, bringing you a quick recap of both the biggest stories and the hidden gems from the world of law. Each episode, hosts Amber McKinney, Alex Lawson and Hailey Konnath are joined by expert guests to bring you inside the newsroom and break down the stories that had us talking.

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All Episodes

33:01

Ep. 309: Pressure Points In The Case Against Trump

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/08/04

The latest criminal indictment against Donald Trump paints a detailed picture of the former president’s efforts to overturn the results of the 2020 election by spreading misinformation and pressuring state and federal officials to break the law. The four counts brought by special counsel Jack Smith turn on a number of unique laws and theories, including obstruction charges that have also surfaced in the Jan. 6 prosecutions and a voter intimidation statute first drafted to target the KKK in the late

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41:28

Ep. 308: Biden’s Asylum Restrictions Got Tossed. What...

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/07/28

This week saw a California federal judge block the Biden administration’s attempt to place new restrictions on asylum seekers, ruling that the White House cannot curtail where and how migrants fearing persecution in their home countries can seek shelter in the U.S. Joining Pro Say this week is Law360 senior immigration reporter Britain Eakin to explain why the court faulted the Biden administration, and what the ruling means for the future of asylum law as the government continues to push its policy

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32:25

Ep. 307: Courts Wade Into Online ‘Disinformation’ Battle

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/07/21

The Biden administration’s efforts to combat “disinformation” online by coordinating with tech giants have long been the subject of partisan sniping, but are now at the center of a testy legal battle that has already yielded a number of twists and turns. First came a 155-page ruling from a Texas judge on the Fourth of July barring the White House from certain engagements with social media companies, which was quickly halted this week by the Fifth Circuit. But the litigation appears poised to settle

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30:40

Ep. 306: Microsoft Levels Up In Merger Game Against FTC

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/07/14

Microsoft, the maker of XBox, and Activision Blizzard, creator of Call of Duty, cleared an early stage this week in the multilevel game of getting their $68.7 billion dollar merger approved. The gaming giants saw a California federal judge refuse the Federal Trade Commissions’ move to block the merger, but the government is appealing and other countries aren’t sold on the tie-up either. We discuss what it will take to beat the merger challenge game. Also this week, we talk with Law360 senior

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45:51

Ep. 305: United Or Divided? A Podcast Roundtable On...

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/07/06

Another U.S. Supreme Court season is in the books, and while the final week of opinions featured some supermajority holdings along party lines on divisive issues like affirmative action and gay rights, we also saw a number of decisions with unexpected lineups on issues like voting rights and religious freedom. This week, the hosts of both Pro Say and The Term team up to discuss the surprising unanimity we saw in many of the justices’ opinions, the impact we should expect following some of the

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38:24

Ep. 304: Want The Sabbath Off? High Court Makes It...

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/06/30

Among its flurry of blockbuster end-of-term decisions, the U.S. Supreme Court has ruled in favor of an Evangelical postal worker who objected to working on Sundays due to religious reasons. The high court held that the Third Circuit shouldn’t have found that the USPS lawfully denied the worker’s religious accommodation request, raising the bar on what kind of accommodation is so burdensome that an employer cannot be expected to honor it. On this week’s Pro Say, Law360 Employment Authority

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49:06

Ep. 303: Tennessee’s AG On Drag Shows, Guns And Climate

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/06/23

Tennessee Attorney General Jonathan Skrmetti has had a busy first year as the Volunteer State’s top legal officer. A keynote speaker at this year’s Burton Awards, which recognize excellence in the law, Skrmetti joined Pro Say to talk about his defense of anti-drag show legislation, gun rights and the delicate balance between litigation and policy work. Also at the Burton’s, former Supreme Court Justice Stephen Breyer opens up about originalism, his label as a pragmatist and potential reforms to the

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23:47

Ep. 302: The Trump Indictment’s Legal X Factors

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/06/16

Former President Donald Trump has once again been indicted, this time by a special federal prosecutor honing in on Trump’s stashing of sensitive documents after he left office. This week on Pro Say, the hosts break down the charges against Trump and shine a light on two men who figure to loom large as the case surges ahead: Trump’s personal aide and co-defendant Walt Nauta and his attorney M. Evan Corcoran. Also this week, a white former Starbucks manager wins $25.6 million after proving that she

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37:51

Ep. 301: Golf’s Big Truce Isn’t Out Of The Woods Yet

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/06/09

The bitter legal dispute that has swallowed up the golf world for the past year vanished in a flash this week, as the PGA Tour and its Saudi-backed rival LIV Golf rolled out a blockbuster agreement to join forces. The union would create a new golf organization, the exact shape of which is still taking place. Those particulars will be crucial, as any arrangement between the former competitors is likely to get a long look from antitrust watchdogs and national security regulators. This week on Pro Say

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44:34

Ep. 300: A Texas-Sized Impeachment Gambit

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/06/02

Already impeached over a raft of ethics violations, Texas Attorney General Ken Paxton is expected to pursue an unusual legal argument to exonerate himself in the state senate: that voters knew about his purported misdeeds and voted him into office anyway. The so-called “voter forgiveness” doctrine has roots in Texas caselaw, but looks to be a longshot for Paxton. Joining Pro Say this week to lay out Paxton’s dilemma and his unique legal calculus is Law360 editor-at-large Andrew Strickler. Also this

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34:00

Ep. 299: The Hot New TikTok Trend Is Suing Montana

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/05/26

Montana’s decision to ban the popular social media app TikTok has drawn fierce legal backlash, with the company itself and some of its most prominent users immediately suing to reverse the unprecedented ban. This week on Pro Say, the hosts break down the testy litigation brewing in Montana, and how battles over prior attempts to ban the app might inform the saga to come. Also this week, South Carolina attorney Alex Murdaugh, already sentenced to life in prison for murdering his wife and son, gets

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38:32

Ep. 298: A 95-Year-Old Judge Is At War With Her Court

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/05/19

The Federal Circuit is in the middle of a sensitive inquiry to determine whether 95-year-old judge Pauline Newman is mentally fit to remain on the bench in light of what colleagues have termed “bizarre” and “paranoid” behavior from the judge. Tensions on the court are running high, as Newman has now filed a lawsuit against the court arguing that the investigation into her fitness violates her constitutional rights. Joining Pro Say this week to lay out the saga in full and explain its ramifications

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37:07

Ep. 297: Untangling Trump’s Sexual Assault Verdict

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/05/12

A Manhattan jury has found Donald Trump liable for sexually abusing writer E. Jean Carroll and then defaming her with his subsequent denials, following a contentious and sometimes ugly trial in federal court. Law360’s New York court reporter Frank Runyeon joins the show this week to break down the trial, which resulted in an order for Trump to pay Carroll $5 million in damages. Also this week, the controversial Republican Congressman George Santos is rung up on a bevy of fraud charges, and the

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38:17

Ep. 296: A Green Light For More Ed Sheeran Songs

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/05/05

It’s not every day an international pop star plays guitar on the stand. But that’s precisely what happened just before a New York jury decided that Ed Sheeran’s 2014 ballad “Thinking Out Loud” did not infringe on Marvin Gaye’s iconic hit “Let’s Get it On.” This week on Pro Say, the hosts probe the latest in a series of copyright decisions that have kept the pop music scene on its toes. Also this week, Law 360 senior reporter Nathan Hale cuts through the politics and explains exactly what is going on

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47:52

Ep. 295: Pro Say's 2023 Fictional Lawyers Draft

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/04/29

If you were building a fictional legal dream team, who would you include? That's the question we try to answer on this week's episode, as the hosts draft a roster of fictional lawyers. The Pro Say gang looks to the world of television and film to build a legal dream team with five categories: general counsels and fixers; defense counsel; plaintiffs' attorneys and prosecutors; judges; and wild cards. Will first round picks include heroes like Atticus Finch or Elle Woods, an inspiration to legions of

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34:16

Ep. 294: Lights, Camera, Objection! The Lawyers...

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/04/21

No one loves participating in jury duty, but would you like it more if you found yourself empaneled with actor James Marsden? How about if after weeks of hearing a case you found out the entire endeavor was an elaborate hoax, where the case is fake, everyone around you is an actor, and you are the only one who didn’t know. That's the premise of Amazon Freevee's new comedy, “Jury Duty,” and on this week's Pro Say we sit down with three of the show's stars who are also real-life attorneys. Also this

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41:50

Ep. 293: Honk For Your First Amendment Rights

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/04/15

Is honking your car horn to support a group of protesters a form of free speech, or is it a traffic violation? The Ninth Circuit decided it was the latter after a California woman who was ticketed for excessive honking sued on First Amendment grounds. Buckle your seatbelts as we talk through the appellate court’s ruling on this week’s Pro Say. Also this week, Tesla gets pulled into court by a proposed class of drivers who say they were surreptitiously recorded by their vehicles, and that Tesla

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36:55

Ep. 292: The Manhattan DA Usually Wins. Will Trump?

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/04/08

By now you’ve certainly heard about the historic prosecution of Donald Trump, as the former president pleaded not guilty this week to a rash of charges stemming from an alleged hush money payment to adult film star Stormy Daniels in the run-up to the 2016 presidential election. Law360 New York courts reporter Frank Runyeon was in the room when Trump entered his plea and joins Pro Say to discuss that scene as well as his extensive reporting about criminal prosecutions in Manhattan court and what they

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42:32

Ep. 291: The Robots Have Come For The Legal Industry

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/03/31

Artificial intelligence has swept across the culture, animating everything from philosophy to linguistics to cooking, and the legal industry is no different. This week on Pro Say, the hosts dive deep into whether and how lawyers are grappling with how to deploy generative AI tools like ChatGPT into their work across a number of areas. Legal aid groups have been eager to use AI, often covering for small staffs and budgets to farm legal services out to those that can’t afford them through traditional

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24:58

Ep. 290: What Exactly Does Litigation Funding Buy You?

Law360"s Pro Say - News & Analysis on Law and the... ·

2023/03/24

The litigation finance industry has boomed over the past several years, with investors looking to bankroll contentious cases in the hopes of securing a big payday. But what happens when the financiers begin to take a heavy hand on case strategy? That question is at the center of a new suit against litigation funding behemoth Burford Capital, which has been accused of blocking a client from accepting “reasonable” settlement offers. Joining Pro Say this week is Law360’s Hannah Albarazi who will

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