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Pro Say is a weekly legal news 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, Bill Donahue and Alex Lawson are joined by expert guests to bring you inside the newsroom and break down the stories that had us talking.
The Term is a podcast from Law360 for the busy U.S. Supreme Court watcher. Give us about 15 minutes each week and we'll catch you up on all the big action at the nation's highest court, along with a list of what to watch in the coming sessions. Hosts senior Supreme Court reporter Jimmy Hoover in Washington, D.C. and editor-at-large Natalie Rodriguez in New York City cut through a busy docket to focus on the key cases and developments everyone will be talking about.
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Ep. 196: Amazon Didn’t Unionize. What’s Next?
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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…
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S2, E26: Will These Supreme Court 'Reforms' Go Anywhere?
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Long a political non-starter, the idea of "court-packing" is now dominating Washington as Democrats in Congress push legislation to add four seats to the Supreme Court and a presidential commission studies the broader issue of court reform. Will these latest efforts go anywhere? Law360's The Term discusses on this week's episode.…
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Ep. 195: Google Wins ‘Copyright Lawsuit Of The Decade’
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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 …
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S2, E25: How Google Beat Oracle After 10-Year Lawsuit
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After a decade of litigation, Google has finally defeated a lawsuit from Oracle over the chunks of computer code Google used to develop the Android smartphone platform. This week, The Term welcomes Law360 senior intellectual property reporter Bill Donahue to explain the Supreme Court's ruling in the tech battle—plus we also look at one justice's fo…
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Ep. 194: NCAA Finds Few Fans At The High Court
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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 re…
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S2, E24: NCAA Struggles To Make Case Against Athlete Pay
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The spirit of spring has the justices cleaning out their docket this week with decisions on Florida's oyster fisheries, Facebook's class action liability and long-lived media ownership limits. The Term breaks down all the action, plus we take a deep dive into the NCAA's very bad day at the high court over its "amateurism" rules with Law360 senior s…
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Ep. 193: BigLaw Fights To Change Juvenile Life Sentences
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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 …
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S2, E23: Roberts, Gorsuch Spar Over 4th Amendment
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The Supreme Court delivered a rare victory for civil rights plaintiffs this week in a case over a police shooting that divided the court's conservative justices. Law360's The Term explores the contentious Fourth Amendment ruling, plus a look at the Boston bomber's death penalty case now facing the court.…
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Ep. 192: The Hidden Evidence Scandal That Rocked SDNY
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The Southern District of New York was rocked last year by a scandal involving the mishandling of crucial evidence by federal prosecutors who then repeatedly misled the court about the incident. The saga was laid bare in recently unsealed court documents, and Law360 senior reporter Jack Queen joins us this week to talk about the scandal and what it …
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S2, E22: The Breyer Retirement Debate Heats Up
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Supreme Court Justice Stephen Breyer has found himself under the political spotlight recently with liberals calling on the 82-year-old to retire to avoid a repeat of Justice Ruth Bader Ginsburg's replacement by a conservative. On this week’s episode of The Term we break down the debate, plus unpack a more lenient stance by the Biden administration …
Jury selection began this week in the murder trial of Derek Chauvin, a Minneapolis police officer whose videotaped killing of George Floyd sparked nationwide protests over police brutality and a broader reckoning with racism. Law360 reporter Cara Bayles, who is covering the trial, joins us this week to give us an inside peek at the key players, jur…
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S2, E21: Outnumbered 8 To 1, Roberts Sticks To Guns
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It was a matter of standing doctrine, of all things, that spurred the first "solo dissent" of Chief Justice John Roberts’ Supreme Court career this week. Law360's The Term discusses why that shouldn't come as a surprise—and what lawmakers are saying about "dark money" at the high court.
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Ep. 190: Virus Cases Drop, But Court Cases Surge
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Americans can see light at the end of the tunnel from the COVID-19 pandemic, but litigation stemming from the virus is just ramping up. On this week’s Pro Say, we talk you through the latest coronavirus court battles, from a class action filed by Walmart employees over virus screening to a dispute over courtroom access to a constitutional battle ov…
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S2, E20: Patent Owner Turns Tables On PTAB
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After years of patents being thrown out by the controversial Patent Trial and Appeal Board, one patent owner asked the Supreme Court Monday to return the favor and declare the board itself invalid. Law360's The Term recaps the hearing, along with a crucial moment for the Voting Rights Act.
As hard seltzers like White Claw continue to boom in popularity, two beer giants are now duking it out in federal court over the legality of a Corona-branded seltzer. This week we’re breaking down the case, hitting on intellectual property, mergers & acquisitions, antitrust, and our love of seltzer. Also this week: We’re joined by Law360 Supreme Co…
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S2, E19: Will Court's Latest Cases Be Moot?
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The Supreme Court swept away the last of the election cases and a Trump subpoena battle this week, so why did it take up two new challenges to Trump-era abortion and immigration policies that could very well be rescinded and rendered moot by President Joe Biden before they're argued? We’re breaking it down on this week’s episode of The Term.…
In August, Citibank accidentally paid $900 million to creditors of cosmetics giant Revlon, which a federal judge called "one of the biggest blunders in banking history.” Rubbing salt in the wound, the judge also ruled this week that the bank cannot reclaim the bulk of the erroneous payment. This week, the gang breaks down Citi’s embarrassing misste…
The past week saw Congress' first-ever hearing on the U.S. Supreme Court's so-called shadow docket, the justices' late-night, unsigned orders on weighty legal questions that don't go through their normal process of public deliberation. On this week’s episode of The Term we unpack a few recent shadow docket rulings and recap some of the notable mome…
Time briefly stood still this week as the Internet became transfixed by the plight of Texas attorney Rod Ponton, whose face was trapped behind an expressive and panicked cat filter during a court hearing on Zoom. Mere hours later, the light-hearted mishap turned into a parable of contemporary online celebrity as allegations of serious prosecutorial…
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S2, E17: Treasure Hunting In The Petition Pile
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As the Supreme Court prepares for its next session, Law360's The Term catches up on some noteworthy petitions that the justices appear to be interested in, from a direct attack on Roe v. Wade to the right of U.S. presidents to create offshore national monuments. We also recap a couple of important developments from the past week, including the Bide…
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Ep. 186: How To Avoid Hiring A Sexual Harasser
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News broke this week that a former New York Mets manager had been accused of repeated sexual misconduct, marking the second time in as many weeks that the team pled ignorance about hiring an alleged harasser. On this week’s show, we’re chatting with Law360 employment beat reporter Amanda Ottaway about how companies can avoid hiring past abusers. Al…
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S2, E16: The 5-4 Lineup You Weren't Expecting
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The Supreme Court may still be on break, but a bustle of activity in the border wall, "Remain-in-Mexico" and Nazi art theft cases gives The Term podcast team a lot to discuss this week. We dive into the latest high court news on this week’s episode, plus look at Justice Amy Coney Barrett's first dissent in a surprising 5-4 lineup.…
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Ep. 185: The GameStop Lawsuits Have Already Started
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The whole country is in a tizzy over GameStop — a floundering video game retailer whose stock went through the roof this week because an internet mob wanted to stick it to hedge funds. On this week’s show, we’re breaking it all down: The absurd backstory, the lawsuits that have already been filed, and the possibility of new financial regulations to…
The Supreme Court took a break from oral arguments this week and cleared a number of cases from its docket, including an emoluments dispute brought against former President Trump. The court also declined to take up a number of new challenges, including an appeal from disgraced former New York Assemblyman Sheldon Silver and a revisiting of the landm…
Within hours of taking the oath of office on Wednesday, President Joe Biden signed a string of executive actions, ranging from the COVID-19 pandemic to climate change. On this week’s episode of Pro Say, we’re breaking them all down, before taking a deep dive into how the new administration will impact three key practice areas: environmental law, im…
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S2, E14: The Future Of Climate Change Lawsuits
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The Supreme Court wrestled with regulations on media ownership and a procedural question about climate change litigation during a busy week that also saw two justices play central roles in Wednesday's inauguration. And with the start of the Biden administration came the naming of a new acting solicitor general who is no stranger to the high court. …
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Ep. 183: The Legal Fallout From The Capitol Attack
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A week after a mob stormed the U.S. Capitol, we’re talking about the consequences that are rapidly unfolding. Dozens of rioters have been charged with federal crimes, BigLaw powerhouses are urging the removal of the President, and tech giants are in court over efforts to fight the misinformation that fueled the attack. Also this week: We sit down w…
With the justices starting to receive their COVID-19 vaccinations, the Supreme Court is off and running in 2021, weighing in on abortion rules, the power of regulators and even Taylor Swift. In this episode of The Term, we press rewind on busy week of oral arguments; break down a ruling from Tuesday night reinstating rules requiring patients to tra…
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Ep. 182: A New AG For A Country In Crisis
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Joe Biden’s decision to select Merrick Garland as the next attorney general was quickly overshadowed by an unprecedented attack on the U.S. Capitol by Trump supporters looking to upend the election. In accepting the nomination, Garland himself pointed to the insurrection as evidence of the need for strong rule of law, and vowed to reposition the Ju…
With just a few weeks left before the inauguration of a new president and the clock running out at the Supreme Court in several Trump cases, the Term this week is breaking down what to expect from the justices during the Biden administration; whether a conservative majority can frustrate the president-elect’s progressive plans; and what Biden can a…
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Ep. 181: 2020 RECAP - The Year In Legal News
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Let’s be honest: the year 2020 felt like it lasted a decade. A global pandemic turned life upside down in the spring, a battle against racial injustice broke out over the summer, and a contentious election closed out the fall. In our final episode of the year, the Pro Say podcast is going to walk you through how each of these stories affected the l…
President Donald Trump's tumultuous relationship with the Supreme Court is coming to an end after four years of blockbuster cases, angry tweets and three lifetime appointments. Law360's The Term looks back on the norm-shattering Trump era with law professor Stephen Vladeck.
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Ep. 180: Did Internet Providers Keep Their COVID Pledge?
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At the onset of the pandemic, the Federal Communications Commission pushed hundreds of internet providers to pledge against disconnecting or penalizing customers who struggled to pay their bills. But a Law360 investigation revealed that the pledge wasn’t as effective as the FCC has claimed. We’re joined this week by senior telecommunications report…
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S2, E10: The Push To Overturn The Election
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The first opinions of the Supreme Court session are here and Law360's The Term is breaking them down, from a nerdy foray into Delaware's court-system to a groundbreaking religious freedom ruling. Plus, the team scrutinizes an election case the president seems to think will hand him a second term.
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Ep. 179: COVID-19 Vaccine Patents, Explained
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Pharma companies have developed COVID-19 vaccines at record-breaking speed, utilizing never-before-used genetic technologies. Will these companies secure patents on those new technologies? And how will that impact the distribution of a pandemic-stopping shot? Joining us to answer those questions is Dani Kass, Law360’s senior patent reporter. Also t…
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S2, E9: Suing Candy Makers For Child Slavery
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This week, the U.S. Supreme Court weighed whether Nestlé and Cargill can be held liable for supporting child slavery on African cocao farms, and heard another census case with big implications for congressional power. We’re breaking it all down on this week’s episode of The Term, plus ending with some highlights from a recent appearance by Justice …
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Ep. 178: THANKSGIVING SPECIAL - Stuffed With Weird Legal News
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The Thanksgiving holiday might look a little different this year, but one thing that remains the same is our annual break for a special episode looking back at our favorite offbeat stories of the year. We revisit an attorney whose Second Circuit argument went sideways; a Kentucky state judge accused of having a threesome in the courthouse; a real-l…
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Ep. 177: When A Trial Becomes A Superspreader Event
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Amid skyrocketing numbers of COVID-19 infections, a jury trial in Texas ended in a mistrial this week after at least 15 participants tested positive for the illness. On this week’s show, we’re breaking down the ill-fated trial in Texas, plus the slew of other courts that are shutting down during the third wave of the pandemic. Also this week: the l…
"Here it goes," Justice Samuel Alito Jr. began a scorcher of a speech last Thursday that touched on COVID-19 restrictions, religious freedom, abortion and more. On this week's episode of The Term we discuss what stood out from the conservative justice, who is seldom shy about his views. We also examine President-elect Joe Biden’s pick for White Hou…
President Trump has filed a slew of lawsuits aimed at challenging his election loss to President-elect Joe Biden, but the cases are supported by little evidence and don’t contest enough votes to change the outcome. This week, we’re going through those questionable lawsuits one by one, as well as the public relations backlash brewing for law firms l…
The U.S. Supreme Court appears likely to once again uphold the Affordable Care Act after a hearing on Tuesday. The team breaks down key moments from the arguments, and what the election means for the Supreme Court, in this week's episode of The Term.
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Ep. 175: Voters Speak On Cannabis And The Gig Economy
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All eyes have been on the presidential vote count, but a lot more was put to voters in the 2020 election. This week, we break down some key ballot measures including a win for gig economy companies in California, the spread of cannabis legalization, and more. We’ll also discuss a ruling in New York that puts an end to Amazon workers’ calls for more…
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S2, E6: Catholic Foster Agency Headed For Win
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As the country awaited election results this week, the U.S. Supreme Court turned to a landmark First Amendment case involving a Catholic foster care agency that refused to place children with same-sex couples. The team tackles why the agency could be headed for a win in the case, as well as other high court developments on The Term.…
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Ep. 174: Supreme Court ‘Packing,’ Explained
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The confirmation of Amy Coney Barrett to the U.S. Supreme Court just days before an election has sparked calls from Democrats for serious changes to the high court. What might those reforms look like? Is it fair to call them “court packing?” On this week’s show, Law360’s Supreme Court reporter Jimmy Hoover joins us to break it all down, from the co…
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S2, E5: Justice Barrett Enters Election Storm
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Justice Amy Coney Barrett took her judicial oath and received her new chambers this week, before finding herself at the center of a hurricane of election litigation where she could play a decisive role. Catch up on the Supreme Court's last-minute election maneuvering with this week’s episode of The Term.…
The U.S. Department of Justice filed a sweeping antitrust lawsuit against Google this week, accusing the tech giant of maintaining an illegal monopoly over internet search and online advertising. The case came amid a broader reckoning with the power of Big Tech, and it evoked historical comparisons to the famous Microsoft case of the late 1990s. Jo…
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S2, E4: Justices Dive Into Election, Immigration Battles
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It was a whirlwind week of confirmation news and politically-charged election and immigration cases that the justices weighed in on, so we’re breaking it all down on this week’s episode, plus diving into a conversation with a leading appellate advocate on why the Supreme Court needs more female clerks.…
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Ep. 172: The Shirtless Judge Who Shoved A Cop
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A New York judge named Mark Grisanti is under fire after body camera footage obtained by Law360 showed him shoving a police officer and invoking his powerful connections following a shirtless brawl with neighbors. With Grisanti never charged with a crime, the video has sparked a broader conversation about whether Grisanti’s race and job led to leni…
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S2, E3: Breaking Down The Barrett Hearings
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Judge Amy Coney Barrett is almost through what she described as an "excruciating" confirmation process after finishing her Senate testimony Thursday. This week, the team breaks down the highlights from the hearings with Law360’s congressional reporter.
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Ep. 171: The Road Ahead For Amy Coney Barrett
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Supreme Court nominee Amy Coney Barrett heads to Capitol Hill next week for confirmation hearings that figure to touch on hot-button points like abortion, healthcare and gun rights. Adding even more intrigue are the COVID-19 cluster that has ensnared two key Republican senators and the fast-tracking of Barrett’s nomination ahead of the November ele…
