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

The Supreme Court’s landmark decision to overturn Roe v. Wade and remove constitutional abortion rights is not even a week old and already its reverberations are massive. This week, the Pro Say hosts bring you an all-Dobbs show to examine the immediate fallout from the court’s ruling. First, we look at the early reactions from the legal industry and corporate America, along with a spate of legal c...

It is blockbuster Supreme Court decision season, and this week was historic with rulings on abortion and gun rights. On Pro Say, we’ll explore the court's most consequential expansion of the Second Amendment in over a decade. Also this week, we're joined by Law360 senior reporter Xiumei Dong, who's been investigating an alarming spike in data breaches at smaller law firms; we discuss South Dakota'...

In a packed U.S. Supreme Court term with blockbuster issues like abortion rights, guns and religion some other key cases may have flown under the radar. So this week, we’re joined by appellate pro and Mayer Brown partner Andy Pincus to talk about a trio of employment arbitration rulings you should know. Also this week, we discuss an industry first where a defendant was served via NFT; touch down o...

The legal fallout from Larry Nassar's sexual abuse of gymnasts took a new turn this week as more than 90 victims sued the FBI for botching the early stages of its investigation. The claims add to growing scrutiny over law enforcement’s purported oversights that allowed Nassar to evade scrutiny for years before he was eventually convicted. But the victims' path forward is murky, butting up against...

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...

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...

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 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...

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 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:...

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 Law...

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 d...

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 jud...

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 argum...

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 Ho...

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...

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....

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...

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 suc...

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 Scho...

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...

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...

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...

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 podca...

The Supreme Court late on Thursday blocked a Biden Administration rule that required private employers with 100 or more workers to implement a vaccine-or-test policy, but approved mandating vaccines for healthcare workers at facilities that receive government funding. On this week’s episode of Pro Say, we review the rulings on this hotly-contested issue and what it means for nearly 85 million work...