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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

43:03

Ep. 251: Understanding The Depp-Heard Defamation Trial

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

2022/06/03

For the last six weeks America has been transfixed by a defamation case between Johnny Depp and his ex-wife Amber Heard that featured dueling testimony about abuse. The salacious details dominated headlines, obscuring the legal strategies that allowed Depp to mostly prevail. On this week's show we break down the legal arguments and expected appeals with Jeff Lewis, a Southern California defamation and appellate attorney who co-hosts the California Appellate Law Podcast. Also this week, the acquittal

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41:07

Ep. 250: Amid Tragedy, Gun Makers Face New Legal Fights

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

2022/05/27

A day after yet another mass shooting that left 19 children and two teachers dead in a Texas school, a New York federal court issued a momentous gun rights ruling that upheld a state law allowing for civil suits against gunmakers when illicit sales of firearms cause a public nuisance. It’s a ruling that would have drawn eyeballs regardless, but its proximity to the tragedy in Texas further stirred an already feverish discussion about the strength of the country’s gun laws. The hosts break down the

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47:55

Ep. 249: Florida Collapse Victims Get Swift Relief

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

2022/05/20

The victims of the catastrophic Surfside, Florida building collapse reached a $1 billion settlement this week with a slew of defendants, resolving what could have been a messy, emotionally charged dispute with unusual swiftness that left the judge overseeing the litigation speechless. On this week’s episode of Pro Say, Law360 senior reporter Carolina Bolado drops by to fill us in on the details of the extraordinary resolution and what happens next. Also this week, in light of the baby formula

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40:55

Ep. 248: The Glitchy Rollout Of Digital Court Reporting

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

2022/05/13

The court stenographer, typing feverishly to document all the utterances of a legal proceeding, has in recent years been pushed aside by digital reporting and voice recognition software. But the transition has not always been a smooth one, with malfunctions and built-in biases often leaving court transcripts incomplete or entirely blank, creating a number of headaches for the legal system. Law360 senior reporter Steven Lerner joins Pro Say to talk through the challenges with digital court reporting

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43:12

Ep. 247: How The End Of Roe May Roll Back Civil Rights

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

2022/05/06

This week a draft opinion penned by Justice Samuel Alito was leaked revealing that the U.S. Supreme Court is poised to strike down the landmark 1973 ruling Roe v. Wade that made abortion legal nationwide. We devote our entire show to exploring this potential seismic shift in American jurisprudence. We’re joined by a guest with special insights into abortion cases at the high court, Kathryn Kolbert, a reproductive rights attorney who argued before the Supreme Court in Planned Parenthood v. Casey. She

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35:25

Ep. 246: Will The High Court Squeeze Out The...

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

2022/04/29

A Washington high school coach's practice of praying on the 50-yard-line after games has the U.S. Supreme Court once again weighing the separation of church and state in a case that has dragged a divisive decades-old ruling back into the spotlight. Our own Supreme Court expert Jimmy Hoover comes back to Pro Say to explain the so-called Lemon test that may be on the chopping block. Also this week: we discuss a ruling holding former President Trump in civil contempt for flouting a subpoena; two BigLaw

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37:15

Ep. 245: How An Outspoken Judge Blew Up An Opioid Case

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

2022/04/22

This week saw a strange turn in the saga of Endo Pharmaceuticals, which has been raked over the coals for suppressing key documents pertaining to its role in the opioid crisis. The Tennessee judge that handed the company its latest loss not only saw his decision reversed, but found himself booted from the case entirely over concerns about pointed commentary on Facebook and in an interview with Law360. The Pro Say crew breaks down the shocking development and what it means for the opioid litigation

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42:05

Ep. 244: Rage Against The Machine Repair Monopoly

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

2022/04/15

If your vehicle breaks down, shouldn’t you have the right to fix it on your own terms? That’s the question we’re tackling this week as we explore the difficulties consumers face when sellers of goods and equipment – from vehicles to electronics, and even the McDonalds McFlurry machines – maintain exclusive and costly rights to keep them working. Law360 reporter Mike Curley joins Pro Say to break down the so-called “right to repair,” and how lawmakers, regulators and litigants are responding to the

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39:44

Ep. 243: The Rising Tide Against Workplace NDAs

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

2022/04/09

The push to curtail nondisclosure agreements in the workplace is spreading, with a new law in Washington state going further than ever to prevent employers from concealing harassment, discrimination, sexual assault and other illegal activity on the job. Law360’s Hannah Albarazi joins the show this week to discuss that statute and its implications for corporate secrecy. Also this week, New York judges come under fire for hiding outside compensation, and the legal crusade against Tom Girardi

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33:33

Ep. 242: Can The Courts Solve The Homelessness Crisis?

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

2022/04/01

The population of homeless individuals across the country has continued to rise, and so have the lawsuits over the rights of the unhoused to occupy public spaces. On the other side of that fight however are business owners who are pressing cities to crack down on encampments that affect their livelihood. On this week’s episode we talk with Law360 reporter Jack Karp about the two sides of the argument, and what cities caught in the middle can do to try and walk that tightrope. Also this week, the

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40:26

Ep. 241: What We Learned About Ketanji Brown Jackson

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

2022/03/25

Judge Ketanji Brown Jackson’s testimony on Capitol Hill this week was marked with the kind of partisan theatrics that have become standard for Supreme Court confirmations in recent years. But the hearings also allowed Jackson to speak at length about her judicial philosophy and the mindset she brings to the bench, at times clashing with her billing as a deeply progressive jurist. Law360’s Jimmy Hoover joins the show this week to discuss what we learned from Jackson’s testimony and her path forward

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33:13

Ep. 240: How The Judicial System Is Failing Law Clerks

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

2022/03/18

An increasing number of law clerks are speaking out about how they were harassed by judges they worked for. This week, we’re joined by Aliza Shatzman, a former D.C. Superior Court clerk who shares her story and explains what Congress can do to eliminate institutional barriers that hinder clerks from receiving help when they are in a similar situation. Also this week, we discuss Sarah Bloom Raskin who pulled out of the running for the top bank regulatory job at the Federal Reserve; Alec Baldwin

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31:53

Ep. 239: U.S. Legal System Responds To War In Ukraine

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

2022/03/12

As the war in Ukraine rages on, we turn our attention to how the U.S. legal system and the industry have reacted. First, we discuss the Justice Department’s task force that will hunt for sanctions violators and seize the assets of Russian oligarchs. Then, we talk about how BigLaw has reacted to the war – from pro bono efforts and donations to office closures and cutting ties with Russian clients. Also this week, a look at Elon Musk’s latest squabble with the SEC over his tweets and the best

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41:31

Ep. 238: Confirmation CliffsNotes - Ketanji Brown...

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

2022/03/05

The battle to confirm Ketanji Brown Jackson to the U.S. Supreme Court begins later this month with much anticipated congressional hearings. On this week's Pro Say podcast we discuss a handful of her opinions that you should read before she heads to Capitol Hill. Also this week, we're joined by Law360 editor-at-large Andrew Strickler to break down an ongoing ethics scandal around judges who did not properly recuse themselves from presiding over cases that involved a company in which the judge or a

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34:07

Ep. 237: Inside The Women’s Soccer Equal Pay Win

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

2022/02/26

It was a monumental week for the U.S. Women’s National Soccer Team, whose high-profile equal pay case ended in a settlement for $24 million in owed wages and strong equal pay protections moving forward. On this week’s episode of Pro Say we’re joined by Mayer Brown partner Nicole Saharsky, who represented the players during their appellate proceedings and explains why this settlement could have such a lasting impact. Also this week: The U.S. Copyright Office declines protections for artwork created

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35:29

Ep. 236: How The New York Times Beat Palin’s Libel Suit

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

2022/02/18

Both a Manhattan federal jury and a district judge rejected Sarah Palin's libel claims against The New York Times this week bringing an action-packed trial over a 2017 editorial to a close. On this week's episode, Law360's Frank Runyeon explains how the twisty case came to a close. Also this week, we look at Remington’s historic settlement with families of victims of the Sandy Hook Elementary School massacre; the latest fallout for Endo Pharmaceuticals over document hiding worthy of a John Grisham

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31:32

Ep. 235: When A Judge Asks You To Take Your Mask Off

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

2022/02/11

A judicial watchdog called out a Fifth Circuit judge last week for insisting that a Justice Department attorney remove his face mask, despite the attorney’s wish to keep it on in court. On this week’s episode of Pro Say we’re breaking down the complaint, which seems to encapsulate the fraught situation of covid protection and personal safety in the workplace as the nation inches back towards less restrictive environments. Also this week: A lawsuit against Warner Bros. over its decision to release

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35:10

Ep. 234: Breaking Down The NFL Racial Bias Suit

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

2022/02/04

The NFL was hit with allegations of systemic racism in its hiring practices after a Black former Miami Dolphins head coach found out he had not been selected for a job opening before his interview had even taken place. This week we’re joined by Law360 senior sports reporter Zach Zagger to talk about the big charges leveled against the league. Also this week, Waymo tells the DMV its crash data is a trade secret; questions arise about the nature of bank-rate fraud after the convictions of two former

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36:07

Ep. 233: What Stephen Breyer Leaves Behind

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

2022/01/29

Stephen Breyer has never been the kind of Supreme Court justice to make headlines with his opinions and dissents, but he set the legal world abuzz this week with news of his impending retirement, opening up a key vacancy within the court’s dwindling liberal bloc. Law360 reporter and The Term co-host Jimmy Hoover joins the show this week to unpack Breyer’s legacy as a jurist and what his exit means for the makeup of the court. Also this week, the high court takes up a closely watched affirmative

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39:05

Ep. 232: The States Leading The Way On Environmental...

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

2022/01/22

Environmental justice groups have been working for years to help communities facing health and environmental problems from nearby polluting industries, and three states have recently emerged as leaders in helping the cause. What are these states doing differently, and what lessons can the rest of the country take from them? Law360 senior environmental reporter Juan Carlos Rodriguez joins the podcast this week to explain. Also this week: The end of the “pharma bro” as Martin Shkreli gets an industry

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