From international human rights and reproductive rights to cryptocurrency, the environment and beyond, this podcast explores the legal and policy challenges capturing the public interest. WilmerHale law firm Partners John Walsh, former Colorado United States Attorney, and Felicia Ellsworth, Vice Chair of the firm's Litigation Department, provide a front-row seat to the events making headlines. In each episode, they pass the mic to those with unique perspectives on the most challenging issues of the day.
The new presidential administration brings with it a fresh approach to cryptocurrency regulation and enforcement, with regulatory experts predicting greater collaboration between the SEC and industry leaders and a more tailored enforcement agenda focused on fraud and retail issues. This episode of In the Public Interest features a timely conversation with co-host Michael Dawson and WilmerHale Special Counsel David Tutor about the current state of the cryptocurrency landscape. Before joining the firm, Tutor spent seven years as senior counsel in the Division of Enforcement at the SEC, where he was a member of both the Cyber Unit and Asset Management Unit. Throughout the episode, Tutor comments on the latest developments coming from the SEC and key areas he expects the Commission to focus on under the Trump administration. He also discusses his time in government service and how it impacts the counsel he gives to clients today.Related ResourcesCrypto Currently: Crypto News CenterSign up for the Crypto Currently Weekly Digest NewsletterThe State of Meme Coin Regulation: SEC Staff's Statement and Other ConsiderationsSEC Announces New “Cyber and Emerging Technologies Unit” and Signals Return to First Trump Administration Fraud- and Retail-Focused Enforcement Priorities
For law students, a summer associate position can help define the kind of law they practice and the path they forge through the legal profession. From building connections with associates and prominent partners to taking on challenging assignments, the experiences of a summer associate can provide a preview of the work they will take on in the future. In the first-ever live recording of In the Public Interest, co-hosts Felicia Ellsworth and Michael Dawson are joined by Partners Tiffany J. Smith, Nana Wilberforce and Drew Dulberg—who started their careers as summer associates at the firm—and over 100 of the firm's summer associates from offices across the country. During their conversation, all three partners offer an inside look into the firm's summer associate program and offer advice for law students and attorneys early in their careers. They also discuss their experiences as summer associates and how these experiences and the lessons they learned have shaped their careers.
President Trump is beginning his second non-consecutive term with a Republican-controlled House and Senate and the backing of major tech and corporate executives, while simultaneously contending with significant political polarization. These opposing factors raise a host of questions about what to expect from this administration's first 100 days in office.In the season five premiere of In the Public Interest, co-host Felicia Ellsworth speaks with WilmerHale Partner and Co-Chair of the Congressional Investigations Practice and the Crisis Management and Strategic Response Group Alyssa DaCunha, Senior Public Policy Advisor and Co-Chair of the firm's Public Policy and Legislative Affairs Practice Rob Lehman, and Partner and fellow Co-Chair of the Public Policy and Legislative Affairs Practice Jonathan Yarowsky. Together they share their forecast for the first 100 days of the administration, including what the administration's top priorities are expected to be, shifts in international relations and foreign policy, the state of congressional oversight and the impact of recent Supreme Court decisions on the functions of federal agencies. Related ResourcesVisit Our Post-Election Update CenterWilmerHale Launches Administrative Law Transition Task ForceChina Imposes Series of Measures to Counter US Export RestrictionsThe Future Of Agency Deference After Loper BrightIn That Case: Loper Bright Enterprises v. Raimondo
As we celebrate the holiday season, we thought we'd revisit one of our fun, festive episodes about singer/songwriter Elizabeth Chan, who successfully opposed Mariah Carey's attempt to register the trademark, "Queen of Christmas." Originally released as part of season three back in December 2022, Chan joins Partner Louis Tompros, former Associate Hailey Cherepon and co-host Felicia Ellsworth to discuss what opposing this trademark registration means for the freedom of expression of Chan and other holiday artists.
In the run up to the 2024 presidential election, the concern with outside interference in our elections and the political debate surrounding them has never been higher. In this environment, we thought it would be a good time to re-release a podcast episode from season one on deepfakes and disinformation, which was originally released in March of 2021. Please listen to former podcast co-host and current candidate for Denver District Attorney John Walsh, Partner Jason Chipman, former counsel Matthew Ferraro, and Nina Schick, who discuss the phenomenon of deepfakes and the implications they have on society as a whole.
When it comes to protecting the nation's public lands, the work of the Department of the Interior (DOI) is crucial and all-encompassing. The Department oversees everything from environmental conservation efforts to energy regulation to strengthening relationships with Native American and other indigenous tribes. In the fourth season finale of In the Public Interest, co-host Felicia Ellsworth speaks with WilmerHale Partner Tommy Beaudreau, the current co-chair of the firm's Energy, Environment, and Natural Resources and Native American Law Practices. Beaudreau's career spans nearly a decade of experience in public service, serving in two presidential administrations in various positions within the DOI. Most recently, he was Deputy Secretary of the Interior in the Biden Administration under Secretary Deb Haaland, the first Native American Cabinet secretary in American history.Beaudreau shares how his experience growing up in Alaska and his connection with his home state drove his passion to serve in the public sector. He tells Ellsworth about the leadership of Secretary Haaland, and how she has made strides to build connections with tribal nations and help them heal from a traumatic history of colonization. The two also discuss various challenges he faced during his time in the Department, from the stabilization of the Colorado River to working with tribes and other stakeholders to enforce the Native American Graves Protection and Repatriation Act.
As governments globally resort to more muscular uses of economic tools, such as sanctions and export controls for national security and foreign policy purposes, international trade has become increasingly complex. In this episode of In the Public Interest, podcast co-host Felicia Ellsworth speaks with WilmerHale Partner Neena Shenai, a leading economic sanctions and export controls attorney. Shenai holds over 20 years of experience in global cross-border activities and policy, and has served in numerous high-ranking legal and advisory positions in both the private and public sector.Ellsworth and Shenai discuss the current state of the trade world and the impact of geopolitics, the upcoming US election, and other trends in practicing trade law and advising on risks and opportunities in global business. They also touch on Shenai's diverse range of experiences that have contributed to her specialized practice, including what drew her to the field of international trade. In addition, Shenai shares her experiences as a woman in the legal industry and as mentor to up-and-coming legal professionals, and gives advice to those who are just beginning their careers.
In this episode, co-host Felicia Ellsworth and Counsel Ryan Chabot discuss United States v. Rahimi, a recent decision that concerns the constitutionality of 18 U.S.C. § 922(g), a statute which prohibits individuals who are subject to domestic violence restraining orders from possessing firearms. Key foundational support for Rahimi was established in New York State Rifle & Pistol Association v. Bruen, a 2022 Supreme Court decision which enacted a test for Second Amendment challenges. The final decision in Rahimi, along with Bruen, provides the courts with a framework for determining what gun control laws are constitutional, and stands as a significant decision for ongoing Second Amendment litigation. Ellsworth and Chabot dive into the details of both Bruen and Rahimi, with Chabot explaining the historical intricacies of interpreting and litigating Second Amendment cases. He also speaks to the amicus brief he filed with Partner Alan Schoenfeld and Associate Josh Feinzig on behalf of Everytown for Gun Safety, a nonprofit that advocates for gun control and against gun violence. The organization was in support of the federal government's position that the statute at issue is constitutional and saw a sweeping victory in its favor in the Court's final ruling.This episode is the latest installment of our miniseries examining notable decisions recently issued by the US Supreme Court. Previous episodes covering this year's term looked at the decisions in cases including Cantero v. Bank of America, Alexander v. South Carolina State Conference of the NAACP, Securities and Exchange Commission v. Jarkesy, Department of State v. Muñoz and Loper Bright Enterprises v. Raimondo.
In this episode, co-host Michael Dawson and Partner Kelly Dunbar discuss Loper Bright Enterprises v. Raimondo, the recent decision that overturned Chevron v. Natural Resources Defense Council. In the initial 1984 decision, the Court determined that when an agency is tasked with enforcing an ambiguous statute with more than one reasonable interpretation, a court reviewing the agency's action must defer to the agency's reasonable interpretation of the statute. This latest decision requires courts to make those interpretations instead, with potentially far-reaching effects on agencies across the country. Dawson and Dunbar share the original intent of Chevron and how it came to form a bedrock of administrative law. Dunbar also explains why the Court found it necessary to overturn the decision after 40 years and the unanswered questions left in the wake of the case. Dawson also questions the impact the case will have on both the public and private sector, and specifically if Congress will shift how it legislates in order to avoid potential ambiguity. This episode is the latest installment of our miniseries examining notable decisions recently issued by the US Supreme Court. Previous episodes covering this year's term looked at the decisions in cases including Cantero v. Bank of America, Alexander v. South Carolina State Conference of the NAACP, Securities and Exchange Commission v. Jarkesy and Department of State v. Muñoz.
In this episode of In the Public Interest, co-host Felicia Ellsworth is joined by WilmerHale Partner Lee Greenfield to discuss the Supreme Court's recent decision in Department of State v. Muñoz. The case concerns the due process rights of US citizens if their non-citizen spouses are denied entrance to the country and what impact this has on the right to marriage. Ellsworth and Greenfield cover the origins of the case and how it evolved from a lawsuit pertaining to the Fifth Amendment rights of an individual plaintiff, Sandra Muñoz, into a larger conversation around the right to marriage as defined in cases such as Obergefell v. Hodges. Greenfield lends an added perspective from his direct involvement with the case, explaining how he came to file an amicus brief on behalf of 35 members of Congress in support of Muñoz.This episode is the latest installment of our miniseries examining notable decisions recently issued by the US Supreme Court. Previous episodes covering this year's term looked at the decisions in cases including Cantero v. Bank of America, Alexander v. South Carolina State Conference of the NAACP and Securities and Exchange Commission v. Jarkesy.
In this episode, co-host Michael Dawson is joined by Noah Rosenblum, an assistant professor of law at NYU and former WilmerHale summer associate, to discuss the Supreme Court's decision in Securities and Exchange Commission v. Jarkesy. The case concerns whether the SEC has the authority to seek civil penalties against an individual before an administrative law judge rather than before an Article III-appointed judge and a jury of the individual's peers. As a result of the Court's decision, the SEC may no longer rely on its administrative forum to seek civil penalties for alleged violations of securities laws. Dawson and Rosenblum give a timeline of events that led up to the Supreme Court case, with Rosenblum breaking down how the majority and dissenting opinions diverge. Leveraging his background as a legal historian, Rosenblum provides historical context and explains how applying a traditional Constitutional interpretation to the case increases its complexity. Dawson and Rosenblum also discuss the long-term impact this case could have, highlighting how the final ruling leaves many unanswered questions that could pose challenges in interpreting future decisions. This episode is the latest installment of our miniseries examining notable decisions recently issued by the US Supreme Court. Previous episodes covering this year's term looked at the decisions in Cantero v. Bank of America and Alexander v. South Carolina State Conference of the NAACP.
In the Public Interest is excited to continue its second annual miniseries examining notable decisions recently issued by the US Supreme Court. In this episode, co-host Felicia Ellsworth is joined by Deputy Director for the ACLU's Voting Rights Project and former WilmerHale Litigation Counsel Adriel Cepeda Derieux to discuss the recent decision in Alexander v. South Carolina State Conference of the NAACP. This decision concerns the constitutionality of South Carolina's new congressional map and analyzes whether race was the predominant factor that motivated the state legislature's decision to move voters within or without a particular district. Ellsworth and Cepeda Derieux share background on the case and how South Carolina specifically demonstrated hallmarks of racial gerrymandering. They also discuss how the Supreme Court's decision could make it difficult going forward to successfully prosecute cases of gerrymandering in regions with high rates of racial polarization. Cepeda Derieux also gives his thoughts on the current state of voting rights and what other developments we could expect to see on the topic of redistricting from the Supreme Court.
In the Public Interest is excited to present its second annual miniseries examining notable decisions recently issued by the US Supreme Court. In this episode, co-host Michael Dawson is joined by WilmerHale Senior Counsel Julie Williams, former Chief Counsel and First Senior Deputy Comptroller at Office of the Comptroller of the Currency, to discuss the recent decision in Cantero v. Bank of America, which involves the preemption of state consumer protection laws by the National Banking Act. Dawson and Williams discuss the factual and legal background of the case, the different standards of preemption applied by the lower courts and the Supreme Court, the implications of the decision for the banking industry and consumers, and the possible next steps in the litigation.
In this episode of In the Public Interest, podcast co-host Michael Dawson sits down with WilmerHale Partner Ariel Soiffer to discuss the current artificial intelligence (AI) landscape. Ariel shares his perspective after working for over 20 years in AI-related fields and advising clients on technology-related transactions. Together, Ariel and Michael break down the history of AI, the progression of its capabilities and the impact these enhancements are having on transactional law. They discuss key legal developments and corporate governance challenges surrounding AI, and how lawyers, regulators and businesses can navigate them strategically. Ariel also shares the benefits and potential risks of AI, and what in-house counsel needs to know when considering or implementing new AI technology.
In this episode of In the Public Interest, podcast co-host Felicia Ellsworth sits down with WilmerHale Partner Lisa Pirozzolo to discuss a pro bono matter in which the City of Boston agreed to pay $2.6 million to settle a longstanding federal discrimination lawsuit. The lawsuit, which was initially filed nearly 20 years ago, alleged that a hair test used by the city to identify drug use on its police force was discriminatory, unreliable and scientifically flawed. Ellsworth and Pirozzolo are joined by two of the plaintiffs in the case, Keri Hogan and William Bridgeforth (“Bridgy”), as well as Oren Sellstrom, Litigation Director at Lawyers for Civil Rights, who, alongside WilmerHale, represented the plaintiffs in this matter.Keri and Bridgy share their experience with the hair test, the very real impact it had on their careers and lives, how they got involved with the lawsuit, and what the settlement means to them. Sellstrom and Pirozzolo discuss the background of the test and why it is flawed, and what this settlement means for others.
Senior International Counsel Ambassador Robert Kimmitt joins In the Public Interest host Felicia Ellsworth to talk about his storied career in public service. Through his service as the first General Counsel of the National Security Council, the first American Ambassador to a united Germany in over 50 years, General Counsel and Deputy Secretary of the Department of the Treasury, Under Secretary of State for Political Affairs, and more, Ambassador Kimmitt has played a leading role in some of the most high-profile international events in recent history, and he shares that perspective with listeners.Ellsworth and Kimmitt also discuss his private practice at WilmerHale, including how he and the firm have become go-to resources for journalists and others who have been taken hostage in difficult countries around the world. He shares the role he played in bringing home The Washington Post reporter Jason Rezaian, among others.
In this episode of In the Public Interest, host Felicia Ellsworth interviews Brendan McGuire, who recently rejoined WilmerHale after serving as chief counsel to New York City Mayor Eric Adams and City Hall. McGuire discusses his experience in the Adams Administration, including the challenges emerging from COVID, the New York City Legal Fellows Program and the asylum seeker crisis. He also reflects on his prior experience as chief of the Public Corruption Unit at the US Attorney's Office for the SDNY and how it influenced his decision to join the Adams Administration. McGuire discusses his return to WilmerHale and how his experience in the mayor's office will contribute to his private practice.
Season three of the firm's podcast, In the Public Interest, covered real-time historic moments in American politics and jurisprudence and shared remarkable individual stories at the center of significant legal cases WilmerHale has handled. In each episode, co-hosts John Walsh and Felicia Ellsworth invited guests to share their unique perspectives on the most pressing legal and policy challenges capturing the public interest.As season three comes to an end, join co-hosts Felicia Ellsworth and John Walsh as they chat about this season's episodes and look back on notable moments from season three. They discuss the season three Supreme Court miniseries focused on the most consequential and interesting decisions recently issued by the United States Supreme Court. Ellsworth and Walsh also talk about what listeners can look forward to when In the Public Interest returns for a fourth season. Season Three Episodes: A Very Merry Trademark BattleReproductive Rights in the Post-Dobbs EraJustice Overdue: Reinvestigating the Murder of Malcolm XA Ukrainian Perspective on Russia-Related SanctionsLeaders in Law: Preet BhararaClimate-Proofing Our Infrastructure: Building Climate Resilience with the Army Corps of Engineers Supreme Court Miniseries: Zero Spoof WhiskeySupreme Court Miniseries: Tribal Rights in the 21st CenturySupreme Court Miniseries: The 303 Creative Case and First Amendment Challenges to Civil Rights LawsSupreme Court Miniseries: Religious Accommodation at Work Supreme Court Miniseries: Drawing the Line on the Independent State Legislature Theory
Since 1960, Congress has raised, revised or extended the statutory debt ceiling 79 times. The United States reached its debt ceiling in January 2023, prompting a congressional showdown and sparking fears of extreme market volatility and a global recession if the US were to default on its legal obligations. The 2023 debt ceiling crisis ended in June, when President Biden signed legislation that suspended the debt ceiling in exchange for budget cuts. In an interview recorded shortly after Congress reached a deal to suspend the debt ceiling, co-host John Walsh speaks with Senior Counsel Eric Lesser about the circumstances and details of the debt ceiling standoff. Lesser was a White House Aide from 2009 to 2011 and witnessed the buildup to the 2011 debt ceiling crisis firsthand. He also served four terms in the Massachusetts State Senate and was a consultant for seven seasons of the hit HBO comedy Veep. As a Senior Counsel at WilmerHale, Lesser advises clients on a wide range of complex, government-facing matters. Walsh and Lesser discuss the history of the debt ceiling and the run-up to the debt ceiling fight in 2011. They talk about the individual players at the center of the most recent debt ceiling standoff and what these episodes can teach us about the state of American politics today. Lesser also reflects on his role in Veep and his perspective on the political brinksmanship displayed in the debt ceiling negotiations.
In the Public Interest is excited to present the final episode in our miniseries examining landmark decisions recently issued by the United States Supreme Court. The final episode explores the Court's decision in Moore v. Harper, a case involving control over electoral redistricting by state legislatures.In the episode, co-host Felicia Ellsworth is joined by Partner Seth Waxman, a former United States Solicitor General who focuses his practice at WilmerHale on appellate and Supreme Court litigation. Ellsworth and Waxman discuss the legal theory known as “independent state legislature theory” at the core of the case and provide an overview of previous cases in which the Court considered similar legal questions. Waxman describes WilmerHale's role filing an amicus brief representing the Democratic leadership of both the North Carolina House of Representatives and the North Carolina Senate. They also attempt to preview the implications of the Court's decision on electoral maps beyond the state of North Carolina. The episode concludes with Ellsworth and Waxman highlighting notable points from the oral argument and dissenting opinions in Moore.
In the Public Interest is excited to continue our miniseries examining landmark decisions recently issued by the United States Supreme Court. The fourth episode examines the Court's decision in Groff v. DeJoy, a case centered around a postal worker who sought a religious accommodation from his employer to not work on Sundays in observance of the Sabbath.In the episode, co-host Felicia Ellsworth is joined by WilmerHale Partner Matthew Martens, who focuses his practice on high-stakes criminal and civil investigations, securities litigation and appellate matters. Ellsworth and Martens provide an overview of the legal issues raised by the facts of the case and highlight the parties' different positions. Martens talks about his role on a team of WilmerHale lawyers who filed an amicus brief on behalf of the American Hindu Coalition. They also discuss the implications of the Court's decision in Groff on employers' requirement to accommodate individual employees' religious exercise.
In the Public Interest is pleased to continue our miniseries examining landmark decisions recently issued by the United States Supreme Court. Our third episode focuses on the Court's decision in 303 Creative LLC v. Elenis, a case concerning whether a Christian website designer has a First Amendment right to refuse to design wedding websites for same-sex couples. In this episode, co-host John Walsh explores the 303 Creative LLC v. Elenis decision with Eric Olson, former Solicitor General of the state of Colorado, who argued the case in front of the Court. Olson and Walsh delve into the history of other Supreme Court cases where Colorado businesses have claimed a First Amendment right to refuse services to same-sex couples. Olson shares his unique, first-hand perspective on the scope of the core legal questions the Court addressed in its majority opinion. They also analyze notable points in the dissenting opinion issued by Justice Sonia Sotomayor and what the Court's decision in this case may mean for the fight for LGBTQ+ rights in the United States.
In the Public Interest is pleased to continue our miniseries examining notable decisions recently issued by the United States Supreme Court. Our second episode welcomes WilmerHale Partner Daniel Volchok, who focuses his practice on appellate litigation and has an extensive Native American law practice. In this episode, Volchok joins co-host Felicia Ellsworth to discuss the Court's decision in Haaland v. Brackeen, a case concerning preferences for tribal families in the adoption of Native American children. They discuss the history of the Indian Child Welfare Act (ICWA) and the core issues relating to the ICWA presented to the Court in this case. Volchok shares about the amicus brief WilmerHale filed on behalf of 87 members of Congress defending in full the constitutionality of the ICWA. Ellsworth and Volchok also talk about the current landscape of legal questions involving tribal rights that may work their way up to the Court in the future.
In the Public Interest is excited to present a miniseries examining notable decisions recently issued by the United States Supreme Court. The first episode in the miniseries welcomes WilmerHale Partner Thomas Saunders, who focuses his practice on appellate and government litigation with a particular emphasis on intellectual property. In the episode, Saunders joins co-host Felicia Ellsworth to discuss the Court's decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, a hotly debated case involving trademark law and freedom of expression centered around two items seldom appearing in the same sentence: dog toys and whiskey. Saunders and Ellsworth review the basic facts of the case and trace the case's journey from the lower courts up to the nation's highest court. Saunders elaborates on WilmerHale's involvement in the case, which included an amicus brief filed on behalf of the liqueur company Campari America LLC. They also explore the core legal issues the Court ultimately addressed in its unanimous decision and provide insight on the decision's potential impact on the limits of artistic expression, humorous parodies and freedom of speech in the future.
Reports of climate-related disaster have made headlines across the country, from flooding in California to record-breaking heatwaves in the Pacific Northwest and all manner of extreme weather in between. These phenomena seem to be happening more frequently and more intensely as climate change continues to advance. In ways large and small, we're all being forced to adapt to a new normal—and this episode's guest on In the Public Interest is more familiar with these changes than most. In this episode, co-host John Walsh welcomes Michael Connor, Assistant Secretary of the Army for Civil Works and former partner in WilmerHale's Denver office. During his time at WilmerHale, Connor's practice focused on natural resources, energy development and Native American law. Before joining WilmerHale, Connor held an array of high-level positions in the Obama Administration. Connor talks through the Army Corps of Engineers' Civil Works program's efforts navigating and maintaining our waterways and engaging in flood risk reduction. He shares about the program's important role on the front lines of the federal government's response to climate change. Walsh and Connor also discuss how we can prepare the country's infrastructure for our uncertain climate future and how the Army Corps of Engineers' Civil Works program is working to build “climate resilience” into the next generation of American infrastructure.
In the Public Interest is pleased to welcome Preet Bharara, former US Attorney for the Southern District of New York and current partner at WilmerHale. Bharara, who joined the firm in June 2022, is also a legal analyst for CNN and host of his own podcast, “Stay Tuned with Preet.” Since joining WilmerHale, Bharara has focused his practice on investigations and criminal litigation matters. In this episode, Bharara sits down with In the Public Interest co-host John Walsh to talk about his journey to becoming a leader in the legal profession and the experiences that shaped his unique and storied career. Bharara discusses the incident that vaulted him to the national stage and what drove his headline-making refusal to return a phone call from a newly inaugurated President Trump. Walsh and Bharara share their views on the role of lawyers in supporting our constitutional system and what it means to “do justice,” which Bharara describes as “doing the right thing, in the right way, for the right reasons.” The episode wraps up with Bharara reminiscing on the cases that most heavily influenced his enduring commitment to the pursuit of justice.
In the wake of Russia's invasion of Ukraine in the early months of 2022, a spate of countries, including the United States, have imposed several packages of sanctions on Russia and Russian officials. These sanctions ranged from bans on the provision of various types of professional services in Russia to prohibitions on oil imports and trading of petroleum products from Russia. In this episode, In the Public Interest co-host Felicia Ellsworth is joined by Counsel Georgia Tzifa and Mariia Shulha, a Ukraine-trained lawyer at WilmerHale, who both focus their practices primarily on international trade matters. Shulha had lived and worked in Kiev for five years until she was forced to leave her home and resettle in Brussels after Russia's invasion of Ukraine in 2022.Ellsworth, Tzifa and Shulha discuss WilmerHale's work advising clients on sanctions compliance. They talk through the scope of the sanctions imposed by Western countries following the 2022 invasion of Ukraine and the differences between these recent sanctions and previous sanctions levied in response to Russia's annexation of Crimea in 2014. Shulha also shares about her background as a lawyer who cut her teeth in international trade law through government service and how her experience living through Russia's invasion of Ukraine has informed her private practice at WilmerHale.
In late February of 1965, Malcolm X was murdered at the Audubon Ballroom in Harlem, New York. In the days after the famous civil rights leader's assassination, three men were arrested and charged with his murder. All three men were later convicted on those charges, despite testimony that two of those men, Muhammad Abdul Aziz and Khalil Islam, were innocent. In the years since, Aziz and Islam steadfastly maintained their innocence, and in 2020, The Innocence Project took up their case. Nearly five decades later, Aziz and Islam were exonerated in November 2021, after The Innocence Project successfully urged Manhattan District Attorney Cyrus R. Vance Jr. to reinvestigate the case.In this episode, In the Public Interest co-host John Walsh invites WilmerHale Partner April Williams to share the story of her involvement in The Innocence Project's efforts to exonerate Aziz and Islam. Williams focuses her practice on complex civil and criminal litigation and maintains an active pro bono practice, including her work with a team of WilmerHale lawyers supporting The Innocence Project on this case. Vanessa Potkin, director of special litigation at The Innocence Project, joins Walsh and Williams for an in-depth discussion of The Innocence Project's work to exonerate the two men. Walsh, Williams and Potkin revisit the political tensions swirling around the time of Malcolm X's murder and the specific events leading up to his assassination on the afternoon of February 21, 1965. They discuss the thorny legal issues involved in seeking to overturn a decades-old conviction and how a newly discovered evidence law in New York formed the legal grounds that ultimately led to Aziz and Islam's official exoneration. The episode wraps up with Potkin sharing how racial disparities in the criminal justice system are also borne out in wrongful convictions, with Black individuals making up nearly half of known exonerations.
In June 2022, the US Supreme Court issued a landmark decision in Dobbs v. Jackson Women's Health Organization, reversing Roe v. Wade and holding that the US constitution no longer includes a right to abortion. The Court's decision left states with full authority to regulate – or eliminate -- abortion access. In Season Two of In the Public Interest, WilmerHale Partner Kim Parker spoke with Helene Krasnoff, Vice President of Public Policy, Litigation and Law at Planned Parenthood, to preview the potential outcomes in Dobbs and their potential impact on reproductive rights in the United States. Parker is vice chair of the firm's Litigation and Controversy Department and has represented Planned Parenthood and other reproductive health providers in a number of legal challenges. She also serves as co-chair of WilmerHale's Pro Bono and Community Service Committee.In this follow-up episode, In the Public Interest welcomes back Parker and Krasnoff, along with Dr. Kristina Tocce from Planned Parenthood of the Rocky Mountains, to revisit the status of reproductive rights in the US, post-Dobbs. Parker, Krasnoff and Dr. Tocce discuss the legislation and litigation across the US that has resulted from the Court's decision in Dobbs, including so-called “trigger bans” in place in a number of states. Krasnoff and Dr. Tocce share their perspectives on the burdens placed on patients seeking abortion care in states where abortion is now banned and how these burdens also impact other patients who live in states where abortion access is protected. And they discuss how a federal abortion ban, if enacted, would impact abortion access in the US.
In 2021, Mariah Carey's company Lotion LLC applied to register the trademark “Queen of Christmas” for future use on a vast range of products, including music, perfume, sunglasses and coconut milk. Elizabeth Chan, a singer and songwriter who exclusively writes and sings holiday music, filed an opposition to block Carey's registration in August 2022. Chan herself had been dubbed the “Queen of Christmas” by the media in 2014 and has embraced and used the title ever since, including publishing a “Queen of Christmas” album.In this episode, co-host and Partner Felicia Ellsworth is joined by Chan, along with fellow Partner Louis Tompros and former Associate Hailey Cherepon to discuss their experience working with Chan on her successful opposition to Carey's attempted trademark registration. Tompros is an intellectual property litigator who has handled some of the most challenging patent, trademark and copyright matters for high-profile clients in technology, manufacturing and entertainment. Along with Tompros and Cherepon, the WilmerHale team who represented Chan included Partners Kevin Prussia and John Hobgood.Chan shares the story of her journey to becoming a full-time Christmas songwriter and singer. Later in the episode, Tompros breaks down the intricacies of opposing a trademark registration and how WilmerHale helped Chan clear the path for herself—but more importantly, for others—to freely use the title “Queen of Christmas.”
We're pleased to announce that the firm's podcast, In the Public Interest, will return for a third season! Tune in to hear a preview of what to expect this season from our hosts, WilmerHale Partners John Walsh and Felicia Ellsworth. Season Three will kick off with an episode featuring Elizabeth Chan, a full-time Christmas songwriter who recently prevailed in a trademark battle over Mariah Carey. Partner Louis Tompros will join Chan to speak with Ellsworth about the case and Tompros's experience representing Chan before the Trademark Trial and Appeal Board. Later this season, join Walsh and Ellsworth as they catch up with several high-profile WilmerHale alumni. They'll also hear from other notable figures involved in some of the most important issues of the day, from the state of reproductive rights following the US Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization to the regulatory landscape of cannabis legalization.
In episode three, season one of In the Public Interest, Partner David Bowker interviewed Jason Rezaian, a columnist and former correspondent in Iran for The Washington Post who was wrongfully charged and convicted by the Iranian government on false claims of espionage. Bowker and WilmerHale represented The Washington Post in a successful effort to secure Rezaian's release from Iran's notorious Evin Prison and later represented Rezaian and his family in litigation culminating in a $180 million judgment against Iran. Since his release from Evin Prison, Rezaian published a book titled Prisoner: My 544 Days in an Iranian Prison and hosted his own podcast detailing the story of his imprisonment in Iran, titled 544 Days.Recent human rights violations and violence against women in Iran have made headlines around the world. Bowker and WilmerHale are currently representing another hostage held in Evin Prison, collaborating with Rezaian as part of that work. Considering these recent events and WilmerHale's ongoing work advocating for hostages and their families, we have re-released the original episode in November 2022.
WilmerHale's podcast, In the Public Interest, gives listeners an inside look at the legal and policy challenges capturing the public interest. In season two, Partners John Walsh and Felicia Ellsworth invited notable figures and top leaders in their fields to discuss topics ranging from COVID-19 to reproductive rights and more. As season two comes to a close, join Walsh and Ellsworth as they share their thoughts on episode highlights and reminisce about memorable moments from this season. In this wrap-up episode, Walsh and Ellsworth reflect on their roles as podcast hosts and chat about what they're looking forward to in season three.
On August 15, 2021, the Taliban overthrew the Afghan government shortly after the United States announced it would withdraw its troops from Afghanistan. In the weeks that followed, the US government evacuated over 120,000 US citizens and Afghan allies from Afghanistan, and the United States welcomed 76,000 Afghans as refugees, most as humanitarian parolees. While many Afghans are now safe in the United States, thousands more are waiting for the United States Citizenship and Immigration Services Agency (USCIS) to review their applications for humanitarian parole. In this episode, co-host and Partner John Walsh is joined by Senior Associate Alexandra Stanley to hear from Mr. Ahmed, an Afghan refugee who fled Afghanistan after the Taliban takeover. Mr. Ahmed worked as a translator for the U.S. military in Afghanistan beginning in 2011, and as a result, his life was put in immediate danger when the Taliban took over the country in 2021. Alexandra Stanley is a senior associate who focuses her practice on complex securities enforcement matters and investigations and has dedicated her pro bono practice to assisting Afghan refugees applying for humanitarian parole. Today, Mr. Ahmed shares the story of his flight from Afghanistan and his experience living through the Taliban takeover. Walsh and Stanley speak with Mr. Ahmed about his heroic endeavors to help 109 refugees escape Afghanistan, his work with WilmerHale to help other Afghans apply for humanitarian parole, and the work that is still to be done. As of June 2, 2022, USCIS has only approved 297 humanitarian parole applications, while over 90% of reviewed applications have been denied. These applications can take more than a year to be reviewed, leaving families to continue hiding from the Taliban in Afghanistan or in neighboring countries, hoping the United States will grant them a safe place to restart their lives. Mr. Ahmed reminds listeners of the thousands of other refugees, many of whom worked shoulder to shoulder with the U.S. government, who remain in peril.
Cryptocurrency continues to dominate the headlines, from starting the year at a high with major TV ads to questions in recent weeks about the stability of the market. In this episode of In the Public Interest, co-host and Partner John Walsh is joined by fellow Partners Tiffany Smith and Zachary Goldman to explore the world of Web3 with Jai Ramaswamy. Ramaswamy is the Chief Legal Officer at Andreessen Horowitz—otherwise known as “A16Z,” an ode to the practice of shortening long words used repeatedly in code by taking the first and last letter of a word and the number of letters in between. Prior to joining A16Z, Ramaswamy served as the Chief Risk and Compliance Officer at cLabs. He has over a decade of experience at the Justice Department, first serving as a prosecutor focused on white collar crime and cybercrime in the Southern District of New York and later as Chief of the Asset Forfeiture and Money Laundering Section. Ramaswamy also worked in the Computer Crime and Intellectual Property Section at the Justice Department. Smith and Goldman regularly advise clients on regulatory issues related to cryptocurrency and the broader FinTech sector. Both write frequently on regulatory developments affecting the Web3 space, including cryptocurrency and stablecoins. Smith, Goldman and Ramaswamy probe the many applications of decentralized systems in Web3, from cryptocurrency to NFTs and beyond. Ramaswamy shares why he believes regulatory concerns—not technology issues—will be the principal roadblock in this new decentralized ecosystem. The episode also touches on the delicate balancing act of promoting innovation while mitigating the emerging risks associated with decentralized computing.
Over the last two years, one topic has dominated headlines and conversation across the world: the COVID-19 pandemic. Since the beginning of the pandemic, new variants of the coronavirus have emerged, but so too have vaccines, antiviral treatments, mask mandates and more. In this episode, co-host and Partner https://www.wilmerhale.com/en/people/felicia-ellsworth (Felicia Ellsworth) is joined by fellow Partner https://www.wilmerhale.com/en/people/thomas-strickland (Thomas Strickland) to discuss the current landscape of COVID-19 with one of the nation's leading authorities on the pandemic, https://www.linkedin.com/in/andy-slavitt-a09b7a164/ (Andy Slavitt). Slavitt is a former senior advisor to the White House's pandemic response team under President Biden and a former consultant to WilmerHale. Prior to serving on Biden's COVID-19 response team, Slavitt served as the acting administrator of the Centers of Medicare and Medicaid Services under President Obama. He is the author of “Preventable: The Inside Story of How Leadership Failures, Politics, and Selfishness Doomed the U.S. Coronavirus Response,” and host of his own podcast, “In the Bubble with Andy Slavitt.” Strickland served as Chief of Staff and Assistant Secretary for Fish and Wildlife and Parks for the United States Department of the Interior during the Obama Administration. He also served as United States Attorney for the District of Colorado and Chief Legal Officer at UnitedHealth Group. Ellsworth and Strickland speak with Slavitt about the trajectory of COVID-19 over the next few months and the politicization of the pandemic response. They also delve into the complex patchwork of local and state government policies to combat COVID-19 infection rates. The episode wraps up with an eye toward the future, attempting to answer one salient question: are we ready for the next pandemic? Related Resources: https://us.macmillan.com/books/9781250770165/preventable (Preventable: The Inside Story of How Leadership Failures, Politics, and Selfishness Doomed the U.S. Coronavirus Response) https://lemonadamedia.com/show/inthebubble/ (In the Bubble with Andy Slavitt) https://www.chicagotribune.com/coronavirus/ct-ent-coronavirus-slavitt-obama-health-expert-20200420-75i7kxm5kfeb3mz7lptiry6zvm-story.html (Obama's health care guru has been right so far about coronavirus. His message: This will be over, but it'll hurt.) (Chicago Tribune) https://www.cnn.com/2021/01/14/politics/andy-slavitt-biden-covid-team/index.html (Ex-Obama official who helped fix botched healthcare.gov rollout to join Biden's Covid-19 team) (CNN) https://www.washingtonpost.com/politics/2021/06/11/health-202-andy-slavitt-describes-life-white-house-coronavirus-task-force/ (The Health 202: Andy Slavitt describes life on the White House coronavirus task force) (The Washington Post) https://www.npr.org/2022/05/05/1096738289/covid-omicron-cases-endemic (What COVID might look like in the U.S. once we reach the endemic phase) (NPR)
In honor of those who serve our country, WilmerHale's In the Public Interest podcast is proud to highlight our nation's veterans and the work being done by the National Veterans Legal Services Program (NVLSP). WilmerHale has had the privilege of assisting former members of the United States Armed Forces who apply for combat-related disability services. We are first joined by https://www.nvlsp.org/about-us/staff/#s673 (Rochelle Bobroff), director of NVLSP's pro bono program Lawyers Serving Warriors®, to discuss the impactful work being done to help veterans. The NVLSP is a national nonprofit organization that has worked since 1981 to ensure that the government delivers to our nation's 22 million veterans and active duty personnel the benefits to which they are entitled because of disabilities resulting from their military service. The NVLSP has been able to support hundreds of veterans in securing vital benefits. We are then joined by Rob, a veteran who served in Afghanistan, and WilmerHale Partner https://www.wilmerhale.com/en/people/amy-doberman (Amy Doberman), who worked on his case. While Doberman has more than 25 years of experience in securities and financial services, she has also dedicated her practice to working with veterans and helping them apply for Combat-Related Special Compensation (CRSC). Rob served as a Sergeant in the United States Marine Corps for 12 years, including during the war in Afghanistan. He was medically retired in 2019 after sustaining serious injuries in the line of duty and was able to secure CRSC with the help of Doberman and the NVLSP. Before his retirement, Rob was stationed in Helmand Province, Afghanistan, where he served three tours of duty between 2009 and 2013. Related Resources: https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/ (Lawyers Serving Warriors® (LSW) Program) https://www.nvlsp.org/about-us/ (National Veterans Legal Services Program (NVLSP) )
In the Public Interest welcomes renowned environmental activist and former Argentine Secretary of the Environment and Sustainable Development, https://center-hre.org/6471-2/romina-picolotti/ (Romina Picolotti), who speaks with WilmerHale Senior Associate https://www.wilmerhale.com/en/people/kelsey-quigley (Kelsey Quigley) and Counsel https://www.wilmerhale.com/en/people/jessica-lutkenhaus (Jessica Lutkenhaus). This episode focuses on the important intersection of climate justice and human rights, and highlights the work of environmental defenders around the world—and the threats that they sometimes face. Picolotti has filed a claim before the Inter-American Commission on Human Rights, challenging Argentina's criminal prosecution of her for a crime that she did not commit, and which she alleges is politically motivated and filed in retaliation for her groundbreaking environmental justice efforts. The case has been stagnating in Argentine courts for nearly 15 years, and is just one example of how judicial and criminal processes around the world have sometimes been used to threaten and intimidate environmental defenders—at a time when their work fighting the climate crisis is ever more important. Quigley and Lutkenhaus are two of the lawyers on Picolotti's WilmerHale legal team, which also includes Partner https://www.wilmerhale.com/en/people/david-bowker (David Bowker) and Associate https://www.wilmerhale.com/en/people/courtney-murray (Courtney Murray), who both deserve special thanks for their work on this case. Quigley focuses her practice on representing individuals and corporations involved in investigations, enhancing regulatory compliance, and complex litigation/controversies. She is part of the firm's globally renowned litigation team, and is active in pro bono matters involving human rights and critical issues related to Latin America. Lutkenhaus represents corporations and individuals in criminal defense and civil and government regulatory litigation matters, and has substantial experience in government and internal investigations. Lutkenhaus was selected as WilmerHale's 2019 Pickering fellow and spent six months at Citizens for Responsibility and Ethics in Washington (CREW). She also represents pro bono clients in various matters, including one alleging numerous violations of the American Convention for Human Rights. Related Resources: https://www.wilmerhale.com/-/media/files/shared_content/editorial/publications/documents/20190921reportonthemisuseofcriminaljusticesystemstoretaliateagainstenvironmentaldefenders92120191760443391.pdf (Report on the Misuse of Criminal Justice Systems to Retaliate Against Environmental Defenders) https://www.wilmerhale.com/-/media/files/shared_content/editorial/publications/documents/20190921informesobreelusoindebidodesistemasdejusticiapenalparatomarrepresaliascontralosdefensorasydefensoresdelambiente-92120191760443.pdf (Informe sobre el uso indebido de sistemas de justicia penal para tomar represalias contra los defensoras y defensores del ambiente) https://www.wilmerhale.com/-/media/files/shared_content/editorial/publications/documents/20180302petition1667213521.pdf (Petition Alleging Violations of the Human Rights of Environmental Defender Romina Picolotti by the Republic of Argentina) https://www.wilmerhale.com/-/media/files/shared_content/editorial/publications/documents/20180503-p39518petitionspanish1675865271.pdf (Petición que alega violaciones de los derechos humanos de la defensora del medio ambiente Romina Picolotti por parte de la República Argentina) https://center-hre.org/ (Center for Human Rights and Environment (CHRE) )
In the Public Interest welcomes Partner Kim Parker, who speaks with Helene Krasnoff, the Vice President of Public Policy Litigation & Law at Planned Parenthood, and Dr. Amna Dermish from Planned Parenthood of Greater Texas. Planned Parenthood is a nonprofit organization that provides reproductive healthcare services in the United States and around the world. The organization has also been a key player in challenging laws that restrict abortion rights and access in the United States. Their discussion focuses on two recent US Supreme Court cases with major implications for reproductive rights: Whole Woman's Health v. Jackson, a case that challenges a Texas law that bans abortion once cardiac activity is detectable in the pregnancy, typically at 6 weeks, and Dobbs v. Jackson Women's Health Organization, a case that involves a Mississippi law that bans abortions after 15 weeks, with Mississippi also asking the Court to overturn longstanding precedents like Roe vs. Wade, which would then potentially allow states to ban all abortions. https://www.wilmerhale.com/en/people/kimberly-parker (Parker) is the vice chair of WilmerHale's Litigation/Controversy Department and co-chair of the firm's Pro Bono and Community Service Committee. Parker has represented Planned Parenthood and other reproductive health providers in numerous legal challenges over the past 20 years. In the Jackson Women's Health Organization case, Parker and a team of WilmerHale lawyers helped several leading medical organizations file a brief in support of Jackson Women's Health, arguing that access to abortion is a critical part of reproductive healthcare. At Planned Parenthood Federation of America (PPFA), Krasnoff leads a team of attorneys who challenge attempts to restrict access to reproductive health care, advise Planned Parenthood affiliates around the country about the legal issues raised by such attempts, and assist with PPFA's efforts to influence state and federal legislation in order to improve access to reproductive health services. She has been with PPFA since 2000 and has been in a lead counsel, co-counsel, or supervisory position in dozens of challenges at every level of the state and federal courts to laws and policies that limit the availability of reproductive health care services. She has also worked with members and staff on Capitol Hill on many pieces of legislation, including the Affordable Care Act. Dr. Dermish is a board certified OB/GYN with fellowship training in Complex Family Planning. She received her medical degree from the University of Colorado, followed by residency training in Obstetrics and Gynecology at Pennsylvania Hospital in Philadelphia and fellowship training at the University of Utah, where she also completed a master's degree in Clinical Investigation. Dr. Dermish is currently the Regional Medical Director for Planned Parenthood of Greater Texas where she also provides abortion care and oversees their transgender healthcare services, including gender affirming hormone therapy. Her clinical and research interests are in addressing barriers to accessing reproductive and sexual healthcare. Related Resources: https://www.supremecourt.gov/DocketPDF/21/21-588/197787/20211027134617135_21-588%20tsacPlannedParenthoodEtAl.pdf (Brief amici curiae of Planned Parenthood of Greater Texas Surgical Health Services, et al. ) What you need to know about Texas' new abortion ban effective Sept. 1, 2021 (SB 8) (Planned Parenthood) https://www.scotusblog.com/case-files/cases/dobbs-v-jackson-womens-health-organization/ (SCOTUSblog: Dobbs v. Jackson Women's Health Organization) https://www.nytimes.com/2021/12/01/us/politics/supreme-court-planned-parenthood-casey.html (What did Planned Parenthood v. Casey say?) (NY Times) https://www.texastribune.org/2022/03/11/abortion-texas-supreme-court/ (Texas Supreme Court deals final blow to federal abortion law challenge) (The Texas Tribune)
In this episode, In the Public Interest welcomes WilmerHale Partner https://www.wilmerhale.com/en/people/alyssa-dacunha (Alyssa DaCunha), who speaks with Walmart's Executive Vice President of Global Governance, Chief Legal Officer and Corporate Secretary https://corporate.walmart.com/leadership/rachel-brand (Rachel Brand). In her role, Brand oversees hundreds of employees in the company's legal, compliance, ethics, corporate security, corporate governance, digital citizenship, aviation and investigative functions. Before Walmart, Brand spent more than a decade in government, working for three different administrations and serving most recently as the United States Associate Attorney General. She also previously spent time in the private sector, including a stint at WilmerHale. DaCunha's practice focuses on government and internal investigations and crisis management assistance. She has represented major corporations and individuals in congressional, white collar and civil matters, and has extensive experience representing companies facing parallel proceedings, including cross-border investigations, civil and criminal litigation, and state attorney general inquiries. DaCunha speaks with Brand about her unique and impressive legal career, working at Walmart, and how her years of experience in government and in the private sector have shaped her as a leader today.
Announcing Season 2 of In the Public Interest, a podcast from WilmerHale! Tune in for an update on our hosts and a preview of what to expect this season. From international human rights and reproductive rights to cryptocurrency, the environment and beyond, this podcast explores the legal and policy challenges capturing the public interest. WilmerHale law firm Partners https://www.wilmerhale.com/en/people/john-walsh (John Walsh), former Colorado United States Attorney, and https://www.wilmerhale.com/en/people/felicia-ellsworth (Felicia Ellsworth), Vice Chair of the firm's Litigation Department, provide a front-row seat to the events making headlines. In each episode, they pass the mic to those with unique perspectives on the most challenging issues of the day.
From COVID-19 and civil unrest to climate change, the election and beyond, In the Public Interest explores the legal and policy challenges capturing the public interest. WilmerHale law firm Partners John Walsh and Brendan McGuire provide a front-row seat to the events making headlines. In each episode of season one, they passed the mic to those with unique perspectives on the most challenging issues of the day. In this wrap-up episode, McGuire and Walsh look back on the season and share episode highlights, reflect on the process of recording a podcast, and chat about memorable challenges along the way.
WilmerHale podcast co-hosts and Partners http://www.wilmerhale.com/en/people/brendan-mcguire (Brendan McGuire) and https://www.wilmerhale.com/en/people/john-walsh (John Walsh) welcome Partner https://www.wilmerhale.com.verndale-prod.com/en/people/brittany-amadi (Brittany Amadi), who is joined by guests https://www.linkedin.com/in/malinimoorthy/ (Malini Moorthy) and https://www.linkedin.com/in/ajit-narang-a59ba45/ (Ajit Narang) to discuss diversity, equity and inclusion efforts at Medtronic. Amadi is a partner at WilmerHale who focuses her practice on intellectual property litigation at the trial and appellate stages. She was recently named a National Bar Association “40 Under 40 – Nation's Best Advocates” honoree for 2021. These annual awards recognize the nation's top lawyers under the age of 40 who exemplify a broad range of high achievement in the legal field, including in advocacy, innovation, vision, leadership and overall legal and community involvement. She was also recognized by Profiles in Diversity Journal as a “Woman Worth Watching in STEM.” Moorthy is vice president and chief deputy general counsel and Narang is chief counsel of pelvic health at Medtronic, a global leader in medical technology, services and solutions. Medtronic is leading the way in advancing diversity, equity and inclusion efforts in the legal field by adopting a collaborative approach to engage outside counsel. Amadi, Moorthy and Narang share their perspectives on how companies and law firms can work together to foster opportunities and increase awareness to create a more diverse, equitable and inclusive workplace.
In July 2020, the death penalty attracted national attention when the Trump Administration and the Department of Justice reinstituted federal executions for the first time in more than 17 years. Ultimately, the administration carried out an unprecedented 13 executions in six months. The death penalty continues to make headlines today amid several recent important developments. In this episode, WilmerHale podcast co-host and Partner http://auth.wilmerhale.com.verndale-prod.com/en/people/john-walsh (John Walsh) welcomes Partner http://auth.wilmerhale.com.verndale-prod.com/en/people/seth-waxman (Seth Waxman) and guest Professor https://hls.harvard.edu/faculty/directory/10840/Steiker (Carol Steiker) for an in-depth discussion of the death penalty in America. Waxman, who is the co-chair of WilmerHale's http://auth.wilmerhale.com.verndale-prod.com/en/solutions/appellate-and-supreme-court-litigation (Appellate and Supreme Court Litigation Practice), served as Solicitor General of the United States from 1997 through January 2001. He is one of the country's foremost appellate advocates, including in death penalty cases. He has represented death row inmates over the course of 36 years while in private law practice, and has argued and won several death penalty cases in the US Supreme Court. Those victories include Roper v. Simmons, in which the Court declared the death penalty unconstitutional for juvenile offenders. Most recently, Waxman was part of a team of WilmerHale lawyers who represented Wes Purkey, a federal inmate who was executed in July 2020. Steiker is the Henry J. Friendly Professor of Law at Harvard Law School and the Harvard faculty sponsor of the Capital Punishment Clinic. She served as the faculty co-director of the Harvard Criminal Justice Policy Program from 2015–2020. A former law clerk for US Supreme Court Justice Thurgood Marshall, Professor Steiker focuses on criminal justice, with an emphasis on issues related to capital punishment. She is an author on death penalty matters, including the recent book Courting Death: The Supreme Court and Capital Punishment, which she co-authored with her brother Jordan Steiker, a professor at the University of Texas School of Law. Links: Carol Steiker's books, https://hls.harvard.edu/faculty/directory/10840/Steiker (Courting Death: The Supreme Court and Capital Punishment) and Criminal Procedure Stories: An In-Depth Look at Leading Criminal Procedure Cases Charles L. Black, Jr.'s book, https://www.amazon.com/Capital-Punishment-Inevitability-Caprice-Mistake/dp/0393952894 (Capital Punishment: The Inevitability of Caprice and Mistake) https://law.justia.com/cases/federal/appellate-courts/F2/725/608/57969/ (Jack Carlton House case) https://deathpenaltyinfo.org/ (Death Penalty Information Center) (see page about https://deathpenaltyinfo.org/policy-issues/race (Race and the death penalty)) https://www.pewresearch.org/politics/2021/06/02/most-americans-favor-the-death-penalty-despite-concerns-about-its-administration/ (Most Americans Favor the Death Penalty Despite Concerns About Its Administration) (Pew Research Center) https://www.bbc.com/news/world-us-canada-55236260 (In Trump's final days, a rush of federal executions) (BBC) https://www.reuters.com/world/us/biden-administration-pushes-boston-marathon-bomber-death-sentence-2021-06-15/ (Biden administration pushes for Boston Marathon bomber death sentence) (Reuters) https://www.theguardian.com/us-news/2021/may/17/south-carolina-law-death-row-inmates-firing-squad-electric-chair (South Carolina: new law makes inmates choose firing squad or electric chair) (The Guardian) https://abcnews.go.com/Politics/garland-orders-halt-federal-executions-official/story?id=78621507 (Garland orders halt to any further federal executions) (ABC News)
In today's interconnected world, personal information has never been more broadly collected and analyzed by governments and corporations alike, making it imperative that we understand, enforce and update privacy laws in order to safeguard individual privacy. In this episode, WilmerHale podcast co-host and Partner John Walsh welcomes two national leaders in privacy law of all kinds: Partner Kirk Nahra and guest Stacey Gray. Nahra is the co-chair of WilmerHale's Big Data and Cybersecurity and Privacy Practices. Among his other accolades, he is the winner of the 2021 Vanguard Award from the International Association of Privacy Professionals (IAPP)—one of the most prestigious in the privacy field—which recognizes one IAPP member each year who demonstrates exceptional leadership, knowledge and creativity in privacy and data protection. Gray is a Senior Counsel at the Future of Privacy Forum (FPF) and leads FPF's engagement on federal and state privacy legislation. Prior to leading FPF's legislative engagement, she spent several years focusing on the privacy implication of data collection in online and mobile advertising, platform regulation, cross-device tracking, Smart Homes, and the Internet of Things. Nahra and Gray talk with Walsh about the challenges of having states with different privacy laws and why that may ultimately drive a single national law. They also dive into consumer consent and the complexities of regulating the collection and sharing of personal data. The episode wraps up with tips for individuals and companies to keep in mind when considering privacy and personal data. Links: https://gdpr.eu/what-is-gdpr/ (General Data Protection Regulation (GDPR)) California Consumer Privacy Act (CCPA) https://fpf.org/ (Future of Privacy Forum) https://fpf.org/person/stacey-gray/ (Stacey Gray's bio) https://www.wilmerhale.com/en/insights/blogs/wilmerhale-privacy-and-cybersecurity-law (WilmerHale's Privacy and Cybersecurity Law blog) https://www.wilmerhale.com/en/people/kirk-nahra (Kirk Nahra's bio)
This episode profiles Dewey Bozella, a former professional boxer and WilmerHale client who spent 26 years in prison for a crime he did not commit. Bozella is interviewed by WilmerHale Partner https://www.wilmerhale.com/en/people/ross-firsenbaum (Ross Firsenbaum) and former WilmerHale lawyer Shauna Friedman, two of the lawyers who worked tirelessly to establish his innocence and secure his freedom. Bozella speaks about the circumstances that led up to his arrest and wrongful conviction, his multiple trials and the injustices that kept him imprisoned, and how he's maintained a resilient and positive mindset despite the overwhelming challenges he's faced during his life. Bozella's story of courage and perseverance has inspired millions across the country. In 2011, Bozella was honored at ESPN's annual https://www.wilmerhale.com/en/insights/news/wilmerhale-pro-bono-client-honored-at-espy-awards-july-14-2011 (ESPY Awards show) as the recipient of the Arthur Ashe Courage Award, and in 2012, ESPN aired a 60-minute documentary entitled “https://www.wilmerhale.com/en/insights/news/wilmerhale-attorneys-and-pro-bono-client-featured-in-espn-documentary-march-15-2012 (26 Years: The Dewey Bozella Story),” which chronicled Bozella's quest to earn his freedom and pursuit of his single dream to fight a professional boxing match as a free man.
As President Biden's first executive orders demonstrate, climate change is now at the heart of the federal environmental policy agenda. Outside of government, there's a growing momentum among private companies to focus on and invest in renewable energy. In this episode, WilmerHale podcast co-host and Partner https://www.wilmerhale.com/en/people/john-walsh (John Walsh) welcomes Partner https://www.wilmerhale.com/en/people/peggy-otum (Peggy Otum), who leads a discussion with special guests Professor Daniel Farber and Marsden Hanna on climate change and renewable energy. Otum is the co-chair of https://www.wilmerhale.com/en/solutions/energy-environment-and-natural-resources (WilmerHale's Energy, Environment and Natural Resources Practice). Her practice focuses on representing corporate clients in a variety of environmental regulatory compliance, litigation and transactional matters. Farber is a professor at UC Berkeley's Center for Law, Energy & the Environment, and Hanna is the Head of Sustainability and Climate Policy at Google. Farber and Hanna discuss how the Biden Administration is reinvigorating efforts around climate change regulation, the growing commitment from private companies like Google to counteract climate change (and why they're doing it), the role of technology in addressing climate change, and what they expect to see from the Biden Administration in the march toward sustainability. Links: https://www.law.berkeley.edu/our-faculty/faculty-profiles/daniel-farber/ (Professor Daniel Farber's bio) https://sustainability.google/ (Sustainability.google) https://www.law.berkeley.edu/research/clee/ (UC Berkeley Center for Law, Energy & the Environment) https://www.cnn.com/interactive/2021/politics/biden-executive-orders/ (Biden's Executive Orders) (CNN) “Here's how Biden's $2 trillion infrastructure plan addresses climate change" (CNBC) https://rebuyers.org/ (Renewable Energy Buyers Alliance) https://insights.sustainability.google/ (Google's Environmental Insights Explorer) https://www.climatetrace.org/ (Climate Trace) https://ukcop26.org/ (UN Climate Change Conference UK 2021 (COP26))
WilmerHale podcast co-host and Partner John Walsh welcomes Partner Jason Chipman, who moderates a discussion between fellow WilmerHale lawyer Matthew Ferraro and special guest Nina Schick on “deepfakes”—using synthetic media to spread misinformation or disinformation. Schick is an author, advisor and speaker who has become an expert on how technology and artificial intelligence are reshaping our society. She is the author of the 2020 book Deepfakes: The Coming Infocalypse. Ferraro, a counsel at WilmerHale, is a prolific writer on deepfakes and disinformation. Before joining WilmerHale, he worked as an intelligence officer with the US government and brings to his practice his experience in intelligence issues and national security. Chipman's practice focuses on how the rapidly evolving world of technology interacts with the law—and the opportunities and challenges that interaction presents. Ferraro and Schick talk with Chipman about the definition and examples of deepfakes, the fast-developing technology used to create and detect deepfakes, the potential for AI technology to be used for good, and the implications of deepfakes on government, business and society as a whole. Links: https://ninaschick.org/ (Nina Schick's website) and book, https://www.amazon.com/Deepfakes-Coming-Infocalypse-Nina-Schick/dp/1538754304/ref=tmm_hrd_swatch_0?_encoding=UTF8&qid=1616701410&sr=8-1 (Deepfakes: The Coming Infocalypse) https://www.wilmerhale.com/en/people/matthew-ferraro (Matthew Ferraro's bio) https://www.wilmerhale.com/en/people/jason-chipman (Jason Chipman's bio) https://www.smithsonianmag.com/history/infamous-war-worlds-radio-broadcast-was-magnificent-fluke-180955180/ (Orson Welles' War of the Worlds broadcast) (Smithsonian Mag) “https://www.npr.org/2021/03/11/975849508/slick-tom-cruise-deepfakes-signal-that-near-flawless-forgeries-may-be-here (Slick Tom Cruise Deepfakes Signal That Near Flawless Forgeries May Be Here)” (NPR) “https://www.vice.com/en/article/neqb98/reddit-shuts-down-deepfakes (Reddit Just Shut Down the Deepfakes Subreddit)” (Vice) https://news.mit.edu/2020/mit-tackles-misinformation-in-event-of-moon-disaster-0720 (MIT's Center for Advanced Virtuality's project), “https://moondisaster.org/ (In Event of Moon Disaster)” “https://www.esquire.com/entertainment/movies/a30432647/deepfake-youtube-video-fixes-the-irishman-de-aging/ (Some Deepfaker on YouTube Spent Seven Days Fixing the Shitty De-Aging in The Irishman)” (Esquire) https://www.wilmerhale.com/en/search?keyword=deepfakes&type=Insights (WilmerHale's thought leadership on deepfakes)
WilmerHale Partners Seth Waxman and Felicia Ellsworth talk with Lawrence Bacow, the 29th President of Harvard University, about the lawsuit filed by Harvard and MIT challenging the Trump administration's controversial directive to ban international students from the United States if they took most of their fall 2020 courses online. Waxman, Ellsworth and a team of lawyers represented the universities during the height of the COVID-19 pandemic, ultimately filing a lawsuit challenging the directive in a mere 23 hours and obtaining a successful result. Links: https://www.bostonglobe.com/2020/03/10/metro/harvard-university-goes-virtual-wake-covid-19-outbreak/ (Harvard's decision to close the campus on March 10, 2020 and the impact on students, especially international students, faculty and scholars) (Boston Globe) https://www.npr.org/sections/coronavirus-live-updates/2020/07/06/888026874/ice-foreign-students-must-leave-the-u-s-if-their-colleges-go-online-only-this-fa (ICE's July 6, 2020 directive) (NPR) https://www.lawfareblog.com/summary-ices-reversal-and-re-reversal-online-class-policy-international-students (Summary of Reversal) (LawFare) https://www.harvard.edu/president/biography/ (Harvard President Lawrence Bacow's bio) https://www.wilmerhale.com/en/people/set (Seth Waxman's bio) https://www.wilmerhale.com/en/people/felicia-ellsworth (Felicia Ellsworth's bio)
WilmerHale Partner David Bowker talks with Jason Rezaian, a journalist with The Washington Post and the paper's former Tehran bureau chief who was wrongfully charged and convicted by the Iranian government on false claims of espionage. While imprisoned in Iran for 544 days, Jason was repeatedly tortured for information that he clearly did not possess. David, along with a WilmerHale team that included Ambassador Robert Kimmitt, helped obtain Jason's release and developed a legal strategy that resulted in a $180 million judgment against the government of Iran, including $30 million in compensatory damages for Jason and his family and $150 million in punitive damages. Jason speaks about: his life in Iran before his imprisonment his arrest and captivity his sham Iranian trial the extraordinary efforts that led to his eventual release bringing the civil case against Iran the current state of affairs between the US and Iran Links: BBC coverage of Jason's conviction and trial: https://www.bbc.com/news/world-us-canada-28476214 (Washington Post reporter Jason Rezaian held in Iran) https://www.bbc.com/news/world-middle-east-32386374 (Washington) https://www.bbc.com/news/world-middle-east-32386374 (Post reporter Jason Rezaian 'faces Iran spy trial') https://www.bbc.com/news/world-middle-east-32879675 (Iran trial for Washington Post reporter Jason Rezaian starts) https://www.bbc.com/news/world-middle-east-34895488 (US reporter Jason Rezaian 'sentenced' in Iran over spying) https://www.theguardian.com/world/2016/jan/16/iran-releases-washington-post-journalist-jason-rezaian (Iran releases Washington Post journalist Jason Rezaian in prisoner swap with US) https://www.washingtonpost.com/local/legal-issues/us-judge-orders-iran-to-pay-180-million-in-damages-to-detained-post-journalist-jason-rezaian-and-his-family/2019/11/22/4911e5fe-0d63-11ea-8397-a955cd542d00_story.html (U.S. judge orders Iran to pay $180 million in damages to detained Post journalist Jason Rezaian and his family) (Washington Post subscription needed) https://www.wilmerhale.com/en/insights/news/20191212-wilmerhale-wins-180-million-judgment-against-iran-for-jason-rezaian-and-family (WilmerHale Wins $180 Million Judgment Against Iran For Jason Rezaian And Family) Jason's book, https://www.amazon.com/Prisoner-Prison-Solitary-Confinement-High-Stakes-Extraordinary/dp/0062691570/ref=tmm_hrd_swatch_0?_encoding=UTF8&qid=1612385637&sr=1-1 (“Prisoner: My 44 Days in an Iranian Prison—Solitary Confinement, a Sham Trial, High-Stakes Diplomacy, and the Extraordinary Efforts It Took to Get Me Out”)
WilmerHale Partner Louis Tompros and Counsel Stephanie Lin discuss the Pepe the Frog copyright infringement case with host John Walsh. Louis, Stephanie and a team from WilmerHale assisted Matt Furie, the creator of Pepe the Frog, with enforcing his intellectual property rights to end the misappropriation of Pepe by alt-right entities. Louis and Stephanie discuss the legal actions brought on behalf of Furie, and his efforts to reclaim his work. The interview also highlights the challenges of “memeification” and how it applies to copyright protection. Links: Background on Pepe the Frog copyright cases https://www.wilmerhale.com/en/insights/news/2017-08-29-wilmerhale-assists-pepe-the-frog-creator-in-enforcing-ip-striking-back-at-islamophobic-childrens-book (WilmerHale Assists Pepe the Frog Creator in Enforcing IP, Striking Back at Islamophobic Children's Book) https://www.wilmerhale.com/en/insights/news/20190610-pepe-the-frogs-creator-obtains-monetary-settlement-from-infowars (Pepe the Frog's Creator Obtains Monetary Settlement from Infowars) https://www.lexology.com/library/detail.aspx?g=8cb5409b-fd40-419d-ae5e-8224e2646803 (In trademark law, certain marks can become generic.) Copyright law doesn't have that exception: just because something becomes extremely popular doesn't mean that the copyright holder loses control. http://www.artistrights.info/united-features-syndicate-inc-v-koons#:~:text=United%20Features%20Syndicate%20owns%20the,entitled%20Wild%20Boy%20and%20Puppy. (United Feature Syndicate, Inc. v. Jeff Koons) (regarding use of Odie image from Garfield comic strip) https://www.law360.com/articles/1150488 (‘Meme-ification' Isn't A Thing, ‘Pepe' Artist Tells Infowars) (Law360—free login required) https://www.copyright.gov/fair-use/summaries/furie-infowars-cdcal2019.pdf (Furie v. Infowars, LLC) https://www.feelsgoodmanfilm.com/ (“Feels Good Man” documentary): The film can be viewed on various streaming platforms and on https://www.pbs.org/independentlens/films/feels-good-man/ (PBS). https://mattfurie.com/ (Matt Furie's website)
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