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

On our last Pro Say episode of 2023, we're also sad to report that it is the final episode of the show. Join the hosts as we take a walk down memory lane to remember our best pop culture moments, biggest news stories, and most memorable guests from the podcast. We're joined by a special guest and original Pro Say co-host, Bill Donahue, to help us reflect on the happy memories we have from this wonderful, engrossing experience.

Epic Games prevailed in its closely watched antitrust trial against Google this week, convincing a California federal jury that Google's app store functions as an illegal monopoly that jacks up prices for app developers and smothers competition. This week on Pro Say we sift through the huge defeat for Google that, if upheld on appeal could transform the entire app store economy and mark a pivotal moment as the tech giant faces a slew of other antitrust suits that figure to heat up in the coming months. Also this week, the Supreme Court agrees to hear a high-stakes dispute over a lower court judge's controversial decision to block the FDA's decades-old approval of a common abortion drug; and a former Greenberg Traurig patent attorney escalates his defamation battle against a TikTok influencer who claims protection as a “citizen journalist.” And finally, the hosts prepare to take the Bard Exam as the Michigan attorney general leans on Shakespeare in a testy environmental case.

As Purdue Pharma looks to exit bankruptcy, a key part of its proposed reorganization plan has made its way to the Supreme Court: a deal by which the Sackler family pays $6 billion in exchange for a shield from future opioid crisis claims. Joining Pro Say this week is Law360 senior bankruptcy reporter Vince Sullivan, who walks us through these controversial releases and how they've been received by the justices. Also this week, Florida Gov. Ron DeSantis' legal feud with Disney trudges on with a new oversight report, and former North Carolina public defender prepares for trial in a case targeting the federal judiciary's handling of her sexual harassment complaint, with only her husband remaining as co-counsel. Finally, whether it was an innocent random prank or a targeted attack, the Ohio Supreme Court suspends an attorney for flinging a Pringles can of his own feces into a parking lot.

The Justice Department's years long push to use antitrust laws to crack down on wage suppression and “no poach” agreements appears to be slowing down, as the department quietly dropped a case against a United Healthcare unit earlier this month, marking the latest in a series of losses and retreats. Joining Pro Say this week is Law360's senior competition reporter Bryan Koenig, who will break down the steady decline of those enforcement efforts, and the DOJ's failure to convince a single jury to convict on any labor-related antitrust criminal charges. Also this week, 3M and other manufacturers undo an 11-million member class certification in the sprawling legal fight over “forever chemicals,” and attorneys for Lizzo try to quickly escape a racial bias and harassment suit filed by her backup dancers.

The Pro Say crew convenes to give thanks for all the unusual legal news that made us laugh this year. Join us for our annual tradition of revisiting the best of our offbeat segments, including a look at a woman who tried to get paid a reward from Lady Gaga despite involvement in dognapping the pop star's pooches; police who sued Afroman for using an ill-fated raid as fodder for new music and merch; and the latest on Cocaine Bear, the wedding officiant.

After intense public scrutiny over ethics, the U.S. Supreme Court released its first-ever code of conduct governing the behavior of the justices. The justices claim the new code codifies what they have long been doing and should dispel public misunderstandings about judicial ethics. But does it do enough? Law360 Supreme Court reporter Katie Buehler joins us to break it all down. Also this week, Law360's senior reporter in Florida Carolina Bolado stops by discuss the strange and tragic medical malpractice case at the center of Netflix's documentary, “Take Care of Maya,” in which a jury awarded more than $260 million in damages to the family of a young patient after finding that a hospital mistreated her and forced her mother to commit suicide. Finally, some news on a bevy of stories in legal fiction, from the big screen, to the small screen, to the stage!

Last week's conviction of cryptocurrency fraudster Sam Bankman-Fried was fueled in part by the FTX founder's unusual decision to take the stand in his own defense. It was an ambitious gambit that did not pay off, as Bankman-Fried now faces decades in prison for his crimes. Joining Pro Say this week in Law360 New York courts reporter Rachel Scharf to discuss SBF's decision to take the stand and wrap up coverage of a wild monthlong trial. Also this week, the NCAA faces billions in damages as thousands of athletes challenging its name, image and likeness rights restrictions score a huge procedural win, and the Supreme Court examines whether a gun ban for individuals subject to a domestic violence restraining order violates the Second Amendment. Finally, from Aaron Judge to Lawyer Milloy, a brief tour of legal names in the wide world of sports.

The 2017 Unite the Right rally in Charlottesville, Virginia, seized the nation's attention as a gathering of white nationalists opposing the removal of a Confederate statue soon turned deadly. What came next was a years-long legal fight to hold the rally's organizers accountable for the violence, which was chronicled in the recent HBO documentary “No Accident.” This week on Pro Say, we're joined by attorneys Michael Bloch and Benjamin White, who successfully litigated the case. They share details about the complex trial strategy that may lead to success in future efforts to use the legal system to fight against hate. Also this week, the real estate industry is rocked by $1.8 billion antitrust verdict finding collusion between realtors and brokerage companies to keep commission fees artificially high, and the demise of former BigLaw stalwart Stroock & Stroock offers lessons for struggling shops. Finally, it must be exhausting always rooting for the law school curriculum, as Taylor Swift steps into the world of legal academia.

This week saw 41 U.S. states and the District of Columbia launch an all-out legal blitz against Meta, alleging that the tech giant is using addictive features to get kids hooked onto Facebook and Instagram. This week on Pro Say, the hosts break down the particulars of the suit, and how it fits into the broader push for more child-oriented safeguards on social media. Also this week, a Google executive wins a $1.2 million gender discrimination verdict, but can't convince the jury she was illegally paid less than her male counterparts, and it's the end of an era as the LSAT eliminates the “logic games” portion of the exam to settle a years-old lawsuit. Finally, the hosts unpack the implications of an octogenarian judge who claims he's “too old” to have heard of 74-year-old conservative rocker Ted Nugent.

A secret conversation held in an empty courtroom has raised ethics questions for a judge, his clerk and a local attorney. And it may lead to a manslaughter conviction being tossed. On this week's episode of Pro Say we're joined by Marco Poggio who fills us in on this twisty legal drama. Elsewhere this week, the Israel/Palestine conflict reverberates into the U.S. legal system, as BigLaw shops rescind job offers to students for voicing solidarity with Gaza and the government is hit with a lawsuit challenging its refugee policy. We'll also discuss the Baltimore archdiocese' move to seek bankruptcy protection, and what it means for sex abuse victims that thought they had a green light for suing the church. Finally, we look at an Oklahoma judge under fire for a range of improper texts with her bailiff, which mocked the appearances of attorneys and witnesses during a murder trial…AS the trial was underway.

The Federal Trade Commission is moving ahead with a proposal to crack down on what are commonly called “junk fees,” the often-obscured extra charges applied to concert tickets, hotel bookings and other purchases, that can cost customers upwards of $80 million per year. Joining Pro Say this week is Columbia Business School professor Vicki Morwitz, whose research into those fees and their effects on consumer behavior has informed much of the government's response to what it considers a transparently deceptive business practice. Also this week, Robins Kaplan gets ripped for snooping around in a litigation opponent's accidentally-shared corporate files and a Texas bankruptcy judge reveals a previously secret romantic relationship with an attorney whose former firm regularly brought cases before him. Finally, U.S. solicitor general Elizabeth Prelogar faces a grilling of a different sort on NPR's “Wait Wait … Don't Tell Me!”

The criminal fraud trial of FTX founder Sam Bankman-Fried is underway in Manhattan, with prosecutors making the case that SBF looted billions of dollars from the crypto exchange before its ultimate collapse last year. Joining Pro Say this week is Law360 New York courts reporter Rachel Scharf, who explains that the case will ultimately turn on whether the government can show that the fallen crypto mogul willfully shuffled money from the exchange to his hedge fund and how testimony from FTX insiders could make or break the case. Also this week, we shine a light on a few new cases taken up by the Supreme Court, including thorny disputes over social media content moderation policies, SEC disclosure rules, and time limits on claiming copyright infringement damages.

The Supreme Court justices return to the bench on Monday for a new term that's shaping up to be an impactful one, with issues ranging from gun ownership rights in domestic violence cases, to the legality of administrative courts and the First Amendment implications of public officials blocking critics on social media. Let this episode of Pro Say be your guide for the term as we talk about all the major cases and storylines with special guest and prolific Supreme Court litigator Carter Phillips from Sidley Austin. Also this week, the Federal Trade Commission finally brings down the antitrust hammer on Amazon, and former President Donald Trump is found liable for fraud in a high-profile civil case brought by the New York attorney general.

A dispute over a relatively obscure fishing industry rule is attracting considerable buzz ahead of the upcoming Supreme Court term, as the justices will consider whether to overturn their decades-old precedent providing leeway to federal regulators. The so-called Chevron deference requires courts to defer to agencies' interpretations of ambiguous laws, and has been a target for mostly conservative activists who fear it gives the executive branch too much power. Joining Pro Say this week is Law360's senior environmental reporter Juan Carlos Rodriguez, who will break down the case and what's at stake for this administrative law bedrock. Also this week, Walgreens accuses Crowell & Moring of serious ethical breaches in a nine-figure arbitration fight, and lawsuits roll in after the FDA declares that over-the-counter decongestants don't do too much decongesting.

A remarkable Fifth Circuit opinion recently concluded that Mississippi's permanent ban on voting rights for convicted felons is cruel and unusual punishment that violates the Constitution. The ruling energized a growing nationwide advocacy movement against felon disenfranchisement, but it's not without its detractors either, who argue the opinion conflicts with existing precedent and could throw voting regimes in many states into disarray. On this week's episode of Pro Say we welcome Law360 feature reporter Jack Karp to explain how the Fifth Circuit reached its conclusion, what it could mean and just how quickly the U.S. Supreme Court may weigh in. Also this week, we examine the latest defeat of a Consumer Financial Protection Bureau policy meant to combat discrimination in consumer banking practices, and a novel copyright lawsuit brought by authors who allege that OpenAI and other artificial intelligence platforms are using their works to learn without permission. Finally, a recent profane outburst from disgraced attorney Tom Girardi in court prompts our hosts to share their own embarrassing tales of swearing at inappropriate moments.

A landmark trial kicks off next week with the federal government squaring off against tech giant Google. The government says Google has abused its power over online searches to smother competition. On this week's episode of Pro Say, we're joined by Law360 senior antitrust reporter Bryan Koenig to give us a preview of the government's first monopoly trial since its historic case against Microsoft in the late ‘90s. Also this week we tackle ethics issues at the state and federal level. First, we discuss Texas Attorney General Ken Paxton's impeachment trial before the state senate; then we unpack the ethics complaint one senator has leveled against Justice Samuel Alito. And finally, we preview our new sister podcast, Approach The Bench, featuring insightful interviews with sitting judges.

After more than six years of quiet obsession over the attorneys and other legal pros who appear on The Bachelor and Bachelorette, Pro Say brings you an exclusive interview with one such contestant. We're joined this week by Mayer Brown associate James Pierce, who was one of roughly two dozen suitors vying for the affections of Charity Lawson on the most recent season of the Bachelorette. James dishes on what his BigLaw bosses thought of his detour into reality television, how his legal training informed his time on the show, and what his life has been like since returning to the real world. Also this week, the ABA hits back against attacks on law firm diversity programs, and 3M settles the largest mass tort litigation in U.S. history for $6 billion, while also advancing a $12.5 billion settlement in another case….all on the same day.

Lawsuits accusing Hawaii's power companies of negligence have already started to trickle in following one of the deadliest wildfires in history that ravaged Maui and killed more than 100 people, and legal experts believe that hundreds if not thousands more may follow. On this week's episode of Pro Say, Law360 product liability senior reporter Emily Field talks us through what the potentially historic litigation could look like and how it might play out based on similar tragic wildfire incidents we've seen in the recent past. Also this week, an en banc ruling from the Fifth Circuit expanding the scope of actions that constitute employment discrimination; an artist's losing battle at the Second Circuit over a Vermont law school's right to obstruct the view of a controversial mural; and finally, a New Jersey judge finds himself in hot water for lip-syncing vulgar lyrics on Tik-Tok from the courthouse.

Two women lawyers told Law360 that former Federal Trade Commission member and George Mason University law professor Joshua D. Wright abused his power in order to engage them in sexual activity. On this week's Pro Say podcast we discuss details of the alleged misconduct that began while they were his students and later continued when they were his subordinates at the FTC and at a BigLaw firm. Also this week we talk about MLB umpire Angel Hernandez losing a racial bias suit over his lack of prestigious assignments and Hyundai and Kia's $145 million deal with drivers claiming they were sold cars that are vulnerable to theft.

What began with a simple court order for Southwest Airlines to issue a statement vowing to uphold the religious protections in Title VII of the Civil Rights Act has escalated to a bitter feud in Texas federal court, where a judge has sanctioned three of the company's attorneys with an edict to undergo “religious liberty training.” On this week's episode of Pro Say we talk through the full story of the underlying case, how it escalated to an unusual demand from the judge and the upcoming appeal that the airline has promised at the Fifth Circuit. Also this week, an escalation in the already-bitter dispute between 96-year-old Federal Circuit Judge Pauline Newman and a panel of her colleagues who suggested she be suspended from hearing all cases for a year. And finally, the ongoing beef between YouTube star MrBeast and a promotional restaurant serving his personal burger heated up this week when he was countersued for claiming the food was inedible and ruined his online reputation.

The latest criminal indictment against Donald Trump paints a detailed picture of the former president's efforts to overturn the results of the 2020 election by spreading misinformation and pressuring state and federal officials to break the law. The four counts brought by special counsel Jack Smith turn on a number of unique laws and theories, including obstruction charges that have also surfaced in the Jan. 6 prosecutions and a voter intimidation statute first drafted to target the KKK in the late 19th century. Columbia law professor Richard Briffault joins Pro Say this week to break down the indictment and a few of its more intricate elements. Also this week, an application of the Supreme Court's recent decision on religious accommodations to a teacher fired for refusing to use a transgender student's preferred pronouns, and California suspends 1,700 attorneys for failing to comply with new rules about client trust accounts.

This week saw a California federal judge block the Biden administration's attempt to place new restrictions on asylum seekers, ruling that the White House cannot curtail where and how migrants fearing persecution in their home countries can seek shelter in the U.S. Joining Pro Say this week is Law360 senior immigration reporter Britain Eakin to explain why the court faulted the Biden administration, and what the ruling means for the future of asylum law as the government continues to push its policy on appeal. Also this week, a D.C. federal judge ordered Covington & Burling to reveal seven of its clients to assist the government with investigations stemming from a cyberattack from the firm, despite objections from dozens of BigLaw shops who see the move as threat to attorney-client privilege. Next, the 11th Circuit shifts from its very recent precedent to rule that a single unwanted text message is enough to bring a consumer protection claim. Finally, it's time to talk “Barbenheimer,” as Alex and Hailey break down all the legal tendrils of the movie event of the year.

The Biden administration's efforts to combat “disinformation” online by coordinating with tech giants have long been the subject of partisan sniping, but are now at the center of a testy legal battle that has already yielded a number of twists and turns. First came a 155-page ruling from a Texas judge on the Fourth of July barring the White House from certain engagements with social media companies, which was quickly halted this week by the Fifth Circuit. But the litigation appears poised to settle pressing questions about the government's role in policing speech online. Also this week, Tesla executives agree to pay back $735 million to settle a stockholder suit accusing them of receiving “outrageous” compensation packages, and the Ninth Circuit revisits a crucial precedent to allow the embedding of Instagram posts without fear of copyright violations. Finally, a truce in the taco marketing wars as “Taco Tuesday” returns to the people.

Microsoft, the maker of XBox, and Activision Blizzard, creator of Call of Duty, cleared an early stage this week in the multilevel game of getting their $68.7 billion dollar merger approved. The gaming giants saw a California federal judge refuse the Federal Trade Commissions' move to block the merger, but the government is appealing and other countries aren't sold on the tie-up either. We discuss what it will take to beat the merger challenge game. Also this week, we talk with Law360 senior reporter Jack Karp, who has been investigating the struggle to clear old felony pot convictions under New York's recent law legalizing marijuana. Finally, we break down a recent fight between Twitter and law firm Wachtell Lipton Rosen & Katz over fees the BigLaw firm charged last year related to Elon Musk's $44 billion acquisition.

Another U.S. Supreme Court season is in the books, and while the final week of opinions featured some supermajority holdings along party lines on divisive issues like affirmative action and gay rights, we also saw a number of decisions with unexpected lineups on issues like voting rights and religious freedom. This week, the hosts of both Pro Say and The Term team up to discuss the surprising unanimity we saw in many of the justices' opinions, the impact we should expect following some of the blockbuster opinions handed down in the final week, and finally what, if anything, we can take away from the ethics conversation that dominated the headlines throughout the term.

Among its flurry of blockbuster end-of-term decisions, the U.S. Supreme Court has ruled in favor of an Evangelical postal worker who objected to working on Sundays due to religious reasons. The high court held that the Third Circuit shouldn't have found that the USPS lawfully denied the worker's religious accommodation request, raising the bar on what kind of accommodation is so burdensome that an employer cannot be expected to honor it. On this week's Pro Say, Law360 Employment Authority editor-at-large Vin Gurrieri walks us through the ruling, what it means for employers and the lingering questions in its wake. Also this week, the slow unraveling of federal prosecutors' $140 million healthcare fraud case in Texas and a looming retrial. Next, we dig into 3M's massive, $12.5 billion settlement over drinking water contamination from so-called forever chemicals, the largest deal over drinking water in U.S. history. Finally, a Mayer Brown associate is competing on the latest season of “The Bachelorette.”

Tennessee Attorney General Jonathan Skrmetti has had a busy first year as the Volunteer State's top legal officer. A keynote speaker at this year's Burton Awards, which recognize excellence in the law, Skrmetti joined Pro Say to talk about his defense of anti-drag show legislation, gun rights and the delicate balance between litigation and policy work. Also at the Burton's, former Supreme Court Justice Stephen Breyer opens up about originalism, his label as a pragmatist and potential reforms to the high court. This week's episode also features a sitdown with World Justice Project Executive Director Betsy Andersen, who discussed the rule of law and its application to Russia's invasion of Ukraine. Finally, former Library of Congress general counsel Elizabeth Pugh joins the show to discuss what it means to be the top lawyer of the country's oldest federal cultural institution and the legacy of Nicolas Cage's National Treasure on the duty of federal recordkeeping.

Former President Donald Trump has once again been indicted, this time by a special federal prosecutor honing in on Trump's stashing of sensitive documents after he left office. This week on Pro Say, the hosts break down the charges against Trump and shine a light on two men who figure to loom large as the case surges ahead: Trump's personal aide and co-defendant Walt Nauta and his attorney M. Evan Corcoran. Also this week, a white former Starbucks manager wins $25.6 million after proving that she was illegally fired following the arrests of two Black men in a Philadelphia location sparked public outrage. Next, JPMorgan Chase agrees to pay $290 million for its role in bankrolling Jeffrey Epstein's sex crimes. Finally, Alex shares a book recommendation that tackles the finer points of England's 18th century naval court martials.

The bitter legal dispute that has swallowed up the golf world for the past year vanished in a flash this week, as the PGA Tour and its Saudi-backed rival LIV Golf rolled out a blockbuster agreement to join forces. The union would create a new golf organization, the exact shape of which is still taking place. Those particulars will be crucial, as any arrangement between the former competitors is likely to get a long look from antitrust watchdogs and national security regulators. This week on Pro Say we break down what the deal means for the legal fracas and the blowback over the PGA Tour's new close ties with the Saudi government and its litany of alleged human rights abuses. Also this week, the law firm founded by a former Lewis Brisbois team has effectively collapsed after a month following the revelation of racist and sexist emails from its named partners, and parents fighting Florida's ban on medical care for transgender adolescents get an initial win. Finally, a New York attorney is indicted for a scheme to steal 250,000 pairs of pants.

Already impeached over a raft of ethics violations, Texas Attorney General Ken Paxton is expected to pursue an unusual legal argument to exonerate himself in the state senate: that voters knew about his purported misdeeds and voted him into office anyway. The so-called “voter forgiveness” doctrine has roots in Texas caselaw, but looks to be a longshot for Paxton. Joining Pro Say this week to lay out Paxton's dilemma and his unique legal calculus is Law360 editor-at-large Andrew Strickler. Also this week, rapper T.I.'s intellectual property suit against a series of dolls comes up short, and the bar exam gets a post-pandemic facelift. Finally, ChatGPT can certainly write a legal brief faster than you can, but it might also cite to cases that don't exist. It's a Faustian thing.

Montana's decision to ban the popular social media app TikTok has drawn fierce legal backlash, with the company itself and some of its most prominent users immediately suing to reverse the unprecedented ban. This week on Pro Say, the hosts break down the testy litigation brewing in Montana, and how battles over prior attempts to ban the app might inform the saga to come. Also this week, South Carolina attorney Alex Murdaugh, already sentenced to life in prison for murdering his wife and son, gets rung up on new charges of defrauding clients, and a pair of Biden administration judicial nominees bow out within a week of one another. Finally, Amazon's formatting flub prompts a roundtable discussion on the misadventures of page limits, margins and footnote alignment.

The Federal Circuit is in the middle of a sensitive inquiry to determine whether 95-year-old judge Pauline Newman is mentally fit to remain on the bench in light of what colleagues have termed “bizarre” and “paranoid” behavior from the judge. Tensions on the court are running high, as Newman has now filed a lawsuit against the court arguing that the investigation into her fitness violates her constitutional rights. Joining Pro Say this week to lay out the saga in full and explain its ramifications for court is Law360 editor-at-large Ryan Davis. Also this week, Proskauer Rose LLP cannot escape a malpractice suit claiming it botched a client's nine-figure hedge fund stake with sloppy contract drafting, and the top federal prosecutor in Massachusetts steps down amid a series of vast ethics investigations. Finally, Alex and Hailey have one shot, one opportunity to seize everything you ever wanted: To give you an update on how 8 Mile is coloring the defamation dispute between Michael Rapaport and Barstool Sports. Will they capture it? Or just let it slip?

A Manhattan jury has found Donald Trump liable for sexually abusing writer E. Jean Carroll and then defaming her with his subsequent denials, following a contentious and sometimes ugly trial in federal court. Law360's New York court reporter Frank Runyeon joins the show this week to break down the trial, which resulted in an order for Trump to pay Carroll $5 million in damages. Also this week, the controversial Republican Congressman George Santos is rung up on a bevy of fraud charges, and the government's ‘Varsity Blues' prosecution takes a hit after two parents swept up in the college admissions scandal see their convictions reversed. Finally, the hosts examine the apparent difficulty in serving Shaq with court papers.

It's not every day an international pop star plays guitar on the stand. But that's precisely what happened just before a New York jury decided that Ed Sheeran's 2014 ballad “Thinking Out Loud” did not infringe on Marvin Gaye's iconic hit “Let's Get it On.” This week on Pro Say, the hosts probe the latest in a series of copyright decisions that have kept the pop music scene on its toes. Also this week, Law 360 senior reporter Nathan Hale cuts through the politics and explains exactly what is going on in the legal fracas between the Walt Disney Company and Florida Gov. Ron DeSantis. Also, the Justice Department comes up empty in its push against anti-poaching deals in the defense sector, the latest in a downward trend for the government's labor-side antitrust efforts.

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

No one loves participating in jury duty, but would you like it more if you found yourself empaneled with actor James Marsden? How about if after weeks of hearing a case you found out the entire endeavor was an elaborate hoax, where the case is fake, everyone around you is an actor, and you are the only one who didn't know. That's the premise of Amazon Freevee's new comedy, “Jury Duty,” and on this week's Pro Say we sit down with three of the show's stars who are also real-life attorneys. Also this week we discuss the $787.5 million settlement that resolves the Fox News-Dominion defamation saga and what legal headaches still remain for the network.

Is honking your car horn to support a group of protesters a form of free speech, or is it a traffic violation? The Ninth Circuit decided it was the latter after a California woman who was ticketed for excessive honking sued on First Amendment grounds. Buckle your seatbelts as we talk through the appellate court's ruling on this week's Pro Say. Also this week, Tesla gets pulled into court by a proposed class of drivers who say they were surreptitiously recorded by their vehicles, and that Tesla employees shared those videos as gossip fodder in internal messages. Next we head into the vaping litigation space, where e-cigarette giant Juul agreed to pay $462 million to settle allegations that it marketed its products to minors. And finally, a former Motley Crue guitarist kickstarts a lawsuit against his former bandmates saying he was unfairly ousted.

By now you've certainly heard about the historic prosecution of Donald Trump, as the former president pleaded not guilty this week to a rash of charges stemming from an alleged hush money payment to adult film star Stormy Daniels in the run-up to the 2016 presidential election. Law360 New York courts reporter Frank Runyeon was in the room when Trump entered his plea and joins Pro Say to discuss that scene as well as his extensive reporting about criminal prosecutions in Manhattan court and what they portend for Trump. Also this week, Dominion gets a partial win in its defamation suit against Fox News ahead of trial, and a right-wing Twitter influencer is convicted of election interference. Finally, a police raid on the home of iconic rapper Afroman spawns a song, a music video and a heated lawsuit.

Artificial intelligence has swept across the culture, animating everything from philosophy to linguistics to cooking, and the legal industry is no different. This week on Pro Say, the hosts dive deep into whether and how lawyers are grappling with how to deploy generative AI tools like ChatGPT into their work across a number of areas. Legal aid groups have been eager to use AI, often covering for small staffs and budgets to farm legal services out to those that can't afford them through traditional channels. Also, we explore the travails of one company that may have played fast and loose with the use of a “robot lawyer” to resolve legal issues. Finally, an appropriately blithe accounting of the Gwyneth Paltrow skiing crash trial.

The litigation finance industry has boomed over the past several years, with investors looking to bankroll contentious cases in the hopes of securing a big payday. But what happens when the financiers begin to take a heavy hand on case strategy? That question is at the center of a new suit against litigation funding behemoth Burford Capital, which has been accused of blocking a client from accepting “reasonable” settlement offers. Joining Pro Say this week is Law360's Hannah Albarazi who will discuss the case against Burford and its implications for the lucrative litigation funding industry. Also this week, a feud between Littler Mendelson PC and one of its former attorneys over allegations of stolen documents has spilled into the courtroom and onto social media. Plus, a Delaware judge prepares to rule in a bitter dispute between Dominion Voting Systems and Fox News over the network's reporting on false claims that the voting technology company meddled in the 2020 presidential election.

Last week's collapse of Silicon Valley Bank has jolted the economy, forcing the government to step in and attempt to restore order after the largest bank failure since the 2008 financial crisis. Now, politicians, regulators and SVB customers hope to stave off another banking calamity. Joining Pro Say this week is Law360's senior banking reporter, Jon Hill, to explain how and why SVB failed, and what its implosion means for tech, finance and the economy at large. Also this week, a California appeals court backs a law allowing tech giants like Uber and Lyft to classify their workers as contractors and not employees, and a Texas judge appears ready to strip a crucial abortion drug of its FDA approval. Finally, the hosts' wine glasses runneth over with legal news from the Bravo reality television universe.

A years-long push to update the District of Columbia's century-old criminal code landed with a thud this week as the U.S. Senate resoundingly defeated a suite of proposed amendments that would have reset sentencing guidelines and lowered penalties for certain crimes. On this week's episode of Pro Say we welcome Law360 reporter Katie Buehler to explain how we got here, and what comes next in the heated debate over crime in the nation's capital that has underscored the district's unique hurdles to self-governance. Also this week, “M&A Day on Pro Say” kicks off a bid to scuttle the proposed merger between JetBlue and Spirit Airlines by federal regulators who say it'll drive up flight costs. We then turn to New York BigLaw fixture Shearman and Sterling, which this week called off a rumored merger with Hogan Lovells and could face some difficulties moving forward. Finally, one of the alleged co-conspirators in the theft of Lady Gaga's two french bulldogs has now sued the singer over unpaid reward money.

It's been hard to look away from the fascinating, bizarre and tragic trial of disgraced South Carolina attorney Alex Murdaugh, who was convicted this week of murdering his wife and son. This week, Pro Say is joined by Law360 senior trials reporter Cara Salvatore, who has been covering every twist and turn. Salvatore walks us through the big revelations that shaped the trial and led to the jury's decision. Also this week, the International Trade Commission is weighing a potential import ban on Apple Watches after finding that Apple infringed a Masimo patent covering technology for measuring oxygen in the blood. And we break down an invitation for the Supreme Court justices to make some entertaining connect-the-dots drawings.

The already heated debate over biometric data collection saw a jolt last week as the Illinois Supreme Court ruled that privacy claims pile up with each unlawful logging of employee data, potentially putting employers on the hook for astronomical damages. Joining Pro Say this week is Chicago court reporter Celeste Bott to break down the Prairie State's high court ruling and what it could mean for workplace tracking disputes. Also this week, two plaintiffs' firms trade blows over a Facebook antitrust case, and the DOJ files charges against an ex-con for his purported impersonation of a private equity GC and BigLaw pro. Finally, the hosts examine the tortured legal connections of this week's most anticipated movie release, “Cocaine Bear.”

The weeks since the disastrous derailment of a Norfolk Southern freight train carrying toxic chemicals have seen a flurry of lawsuits from residents and business owners in and around East Palestine, Ohio. On this week's Pro Say, we're joined by Ohio courts reporter Eric Heisig, who breaks down the legal blowback as well as what's likely to come as we learn more about what exactly went awry and what it means for the region. Also on the show, we dig into Alec Baldwin's efforts to get a special prosecutor booted from New Mexico's case against him over the “Rust” shooting; the resignation of the Federal Trade Commission's lone Republican member; and a clerk of court fired over a butt dial.

The sensation of being RickRolled is unmistakable, thanks in no small part to the distinct timbre of the voice Rick Astley on full display in his 1987 smash Never Gonna Give You Up. But now, Astley is locked in a battle with rapper Yung Gravy, who mimicked the singer's voice in a way that Astley says violates his publicity rights. On this week's Pro Say, the hosts break down Astley's legal gambit and explain why the suit may face an uphill climb. Also on this week's show, French fashion house Hermes defeats an LA designer who used images of its iconic Birkin bags in a line of NFTs, and an Ohio judge gets slapped with a $1.1 million verdict for firing a Jewish staff attorney after she asked for eight days off to observe the High Holidays. Finally, the hosts discuss the troubling rise of Legal Reporter Brain, a condition that has left them unable to engage with pop culture in a traditional manner.

This week the Third Circuit said Johnson & Johnson can't use the “Texas two-step” to create a talc unit to spin off billions of dollars in liability and then immediately file for bankruptcy protection. The controversial maneuver has faced scrutiny in other suits as well, and this week we're joined by Law360 senior bankruptcy reporter Vince Sullivan to talk about what the ruling means for J&J and beyond. Also on this week's show, we discuss a federal grand juries indicting Tom Girardi for allegedly stealing millions from his clients; the Second Circuit reining in the power of Manhattan federal judge Jed Rakoff to use discretion in voir dire; and we weigh in on some new social “laws” to live by.

An ugly turf war is playing out at some of New York City's most hallowed venues, with Madison Square Garden as the epicenter of the dispute. The storied arena's owner, James Dolan, has barred attorneys litigating against his various business interests from entering the Garden, enforcing the policy with cutting edge facial recognition technology and inviting a flood of litigation from the aggrieved lawyers. On this week's Pro Say, we're joined by attorneys Benjamin Noren and Joe Polito of Davidoff Hutcher & Citron, who have found themselves in Dolan's crosshairs, to break down the mechanics of this ban and their fight to undo it. Also this week, the Justice Department muscles up against Google with a new antitrust suit over the company's advertising technology, and former Whole Foods employees suffer another setback in their legal fight against the company's decision to fire them for donning Black Lives Matter facemasks on the job. Finally, we envision a dinner party at the home of legal fiction luminary John Grisham.

This month the Securities and Exchange Commission sued law firm Covington & Burling claiming it needed a list of clients that were impacted by a 2020 cybersecurity breach attributed to Chinese spies. The feds say they need the list to determine whether any securities laws were broken following the hack, but Covington is fighting back, arguing the disclosure would run afoul of attorney client privilege. On this week's episode of Pro Say, Law360 cybersecurity reporter Ben Kochman joins us to discuss where both sides stand in this fascinating showdown between the SEC and BigLaw. Also this week, New York's former state chief judge lands in hot water over a mountain of taxpayer expenses that may not have been approved; the blogging habits of disgraced FTX founder Sam Bankman-Fried make life difficult for his attorneys; and finally, the latest legal effort by everyone's favorite litigious rapper Lil Wayne proves unsuccessful.

Decades of tension over the use of noncompete agreements in the workplace has bubbled over to start the year with a Federal Trade Commission proposal to ban those agreements across the board. The early-stage move drew cheers from the labor movement and threats of swift litigation from the powerful business lobby, teeing up a fierce legal and political clash in the coming months. Law360 competition reporter Bryan Koenig joins Pro Say this week  to lay out the specifics of the FTC's bombshell proposal and the likely battles that lie ahead. Also this week, Real Housewives star Jen Shah gets 6.5 years in prison for her role in a telemarketing scam and the Fifth Circuit strikes down a ban on “bump stocks” meant to accelerate the firing of semi-automatic rifles. Finally, a mysterious interloper in the elite publishing world is rung up on fraud charges for stealing manuscripts and impersonating literary figures to mysterious ends.

The Pro Say podcast is taking a break this week for the holiday. In its place, please enjoy Law360 Explores: The Law School Promise, a two-part series looking at whether the structures of legal education are working. In Episode 2, we take our seats inside the prestigious legal classroom, where law professors teaching a century-old curriculum engage in Socratic dialogue to shape you into thinking like a lawyer. But is that the most effective way of teaching, for all students? On this episode, we investigate how outdated methods like one final exam and cold calling can negatively impact students, and some of the ways that legal education reforms could change the curriculum for the better.