Legal Talk Today

A special announcement about the show.

A new rule is being proposed by the Federal Acquisition Regulatory Council in response to Executive Order 14005 from January. If enacted, this rule would update the Buy American Act with new requirements that must be met by federal contractors and their downstream sub-contractors. Amy Hoang from the law firm of K&L Gates tells us what all of this means to our critical products and supply chains. Special thanks to our sponsor Nota.

The Department of Justice opines that vaccine mandates in the workplace are legal. But with States pushing back, where does that leave things for employers and employees? Natalie Fluker and Bob Simandl from the law firm of von Briesen & Roper join us to answer that question plus more. Special thanks to our sponsor Nota.

New CDC guidelines now recommend that people vaccinated for COVID-19 wear masks indoors. Given this reversal in policy and that States are pushing back against mandates, where does that leave the rest of us? Robert Shimberg from the law firm of Hill Ward Henderson joins us to law-splain. Special thanks to our sponsor Nota.

Integrity of our elections is very important but so is protecting voting rights. States are rapidly trying to update their election laws to prevent fraud but the Federal Government is concerned voters will be left out. How does this get resolved? Professor Rick Hasen from the University of California, Irvine School of Law returns to walk us through. Special thanks to our sponsor Nota.

In a world where streaming changed the way people watch movies, what happens when an outdated contract collides with COVID and causes losses to a headliner actress? Lawyers avenge her! Professor Jon Garon from Nova Southeastern University Shepard Broad College of Law tells us the tale! Special thanks to our sponsor Nota.

PennEast Pipeline Company, at the behest of the Federal Government, took land from New Jersey via eminent domain over its objections. Michael Diamond and Steven Boughton from the law firm of Van Ness Feldman explain how this happened and what it means for States' rights. Special thanks to our sponsor Nota.

Governor Mike DeWine signs a bill into law that forbids vaccine mandates in Ohio public schools. When does it officially kick in and what does it mean for educators, students, and parents? Susan Keating Anderson and Katie Caprez from the law firm of Roetzel & Andress join us.  Special thanks to our sponsor Nota.

The Feds are casting a wide net of regulations at fisheries and other aquaculture industries. These new laws are aimed at IUU fishing, oceanic plastics, advertising, and area restrictions for commercial fishing. What are the pros? What are the cons? Will seafood get more expensive? Kirstin Gruver and Deepti Bansal Gage from the law firm of Beveridge & Diamond join us. Special thanks to our sponsor Nota.

Is it now easier to discharge student loans in Bankruptcy? A recent class action case, ‘Homaidan vs. Navient', from the United States Court of Appeals for the Second Circuit opens that door. What does that mean for debt holders around the country? Jason Johnson from the law firm of Roetzel and Andress walks us through it. Special thanks to our sponsor Nota.

The collapse of the Champlain Towers was a horrible tragedy killing nearly 100 people in Surfside, Florida. When events like this are caused by mistakes from the HOA and their property managers, where does the blame fall? Will there be criminal charges? Who will bear the financial losses as the lawsuits mount? Michael Kennedy from Berding & Weil joins us. Special thanks to our sponsor Nota.

If you work in the rap industry, are you less likely to get a fair trial? Can your stage presence and social media profile indict you in the court of public opinion? If you're a performance artist or know one, you might want to tune in. Dr. Charis Kubrin from the University of California, Irvine joins us to answer these questions plus much more. Special thanks to our sponsor Nota.

Developing informants can be a tricky process for law enforcement. Even with the best of intentions, some relationships can turn inappropriate and ruin an investigation. How do the police avoid that from happening and where is the line drawn? Adam Banner from the Oklahoma Legal Group joins us. Special thanks to our sponsor Nota.

It might alarm you that New York City businesses are collecting and sharing your biometric data (e.g. facial recognition, retina scans, etc.). A new law is supposed to curtail that practice but as you will hear, it won't stop it. Michael Graif from the Mintz Law Firm joins us. Special thanks to our sponsor Nota.

After a very challenging year, many Americans are feeling out of sorts and having a hard time getting back on track. Could the obstacle be a condition known as “Learned Helplessness”? The worst part is that a person might have it without even knowing it. Our good friend Patrick Krill returns to show us how to identify the signs and what we can do to help ourselves get out of the rut. Special thanks to our sponsor Nota.

Harbani Ahuja from ICAAD (The International Center for Advocates Against Discrimination) turns Supreme Court decisions into poems without writing a word. How does she do it? Why does she do it? Tune in to find out! Special thanks to our sponsor Nota.

Governor Abbott wants to complete the border wall with a combination of redirected state funds and private contributions. Normally the Federal Government finances projects like that but when it decides not to, is Texas allowed to step in? Professor Eugene R. Fidell from New York University Law School joins us to answer that question plus much more. Special thanks to our sponsor Nota.

The Democratic side of the Texas Legislature escapes to DC while Republicans plot revenge. It seems no one is trying to make friends. What will happen next? Professor Randall Erben from the University of Texas School of Law walks us through this parliamentary predicament. Special thanks to our sponsor Nota.

Kraken, a cryptocurrency exchange, was forced by a court to provide user lists to the IRS. But, without probable cause and a warrant, isn't that a violation of the 4th Amendment for traders not currently under investigation? Donna F. Hartl and Jake Nicholson from the law firm of Roetzel & Andress join us. Special thanks to our sponsor Nota.

Our 200th Episode! Former President Donald Trump files a class action lawsuit against the world's biggest social media companies. Does that mean we will lose Twitter, Facebook, or YouTube? Ken White (of Popehat) returns to Ken-Splain. Special thanks to our sponsor Nota.

Nation leaders at the G7 summit in Cornwall, England discussed the possibility of mandating certain “climate disclosures” on the financial reports of their nation's corporations. Does that mean American Corporations will be subject to foreign regulations on their home exchanges and how much could compliance cost? Jacob Hupart from the Mintz law firm joins us to answer those questions. Special thanks to our sponsor Nota.

The Supreme Court gave the Armed Career Criminal Act (ACCA) an update with a recent decision but where does that leave state criminal laws? Will our streets become more dangerous? Professor Douglas Berman from The Ohio State University Moritz College of Law returns to do a lot of law-splainin'. Special thanks to our sponsor Nota.

Lawyers are expected to go to great lengths to represent their client's interests. But what is actually required of them and when does zealous advocacy go too far? Stacie Rosenzweig from Halling & Cayo joins us to talk about Rudy Giuliani's suspension and what we can learn from it. Special thanks to our sponsor Nota.

Cedar Point Nursery vs. Hassid is a Supreme Court case that determines if property owners can be forced to let union bosses into their businesses to negotiate with their employees against them? Ilya Shapiro from the CATO Institute returns to guide us through the analysis.  Special thanks to our sponsor Nota.

Out-of-state Doctors are remote-treating patients in Arizona. But what are the limitations and will this actually be the future of medicine? Professor Katharine Van Tassel from Case Western Reserve University School of Law walks us through it. Special thanks to our sponsor Nota.

Wishing you a wonderful holiday weekend with pomp, parade, and Illuminations from one end of this continent to the other... Happy 4th of July!

What is “Amazon Sidewalk” and does it come in peace? Professor Bryant Walker Smith from the University of South Carolina School of Law joins us to explain how Jeff Bezos turned our home wifi into his free network using our smart devices. How does it work? What does it do? Tune in to find out! Special thanks to our sponsor Nota.

Los Angeles County District Attorney George Gascon introduces Special Directive 20-06 which curtails the use of cash bail for certain types of crime. So what are those offenses and what happens when offenders are instantly allowed back on the streets? Deputy District Attorney Michele Hanisee from Los Angeles County joins us. Special thanks to our sponsor Nota.

The Affordable Care Act survived another Supreme Court challenge in ‘California vs. Texas'. But what was actually resolved and what does that mean for future challenges to Obama Care? Aron Solomon from Esquire Digital law-splains. Special thanks to our sponsor Nota.

COVID's isolation plus reliance on new technology left our senior citizens more vulnerable to fraudsters. But how can we stop these criminals? Josh Jones from Bressler Aimery & Ross gives us tips and information. Special thanks to our sponsor Nota.

Ohio's Attorney General Dave Yost filed a lawsuit to turn Google into a public utility so it can be regulated as a common carrier. This might sound far out but Ohio's unique law gives them legal grounds to try it. But what does all this mean?  Harold Feld from Public Knowledge gives us the skinny. Special thanks to our sponsor Nota.

What happens when you are surrounded by Canada and water during COVID-19? If you're an American living in Minnesota's Northwest Angle, you get cut off from civilization. So how did everyone survive? Brad Dokken from the Grand Forks Herald tells us about this true-life "Tale of Two Lakes". Special thanks to our sponsor Nota.

Did Snapchat's Speed Filter cause a fatal high speed accident and if so does Section 230 of the Communications Decency Act protect it from liability? Associate Dean and Professor Eric Goldman from the Santa Clara University School of Law walks us through the lawsuit filed against the social media company by parents who lost their children. Special thanks to our sponsor Nota.

The Centers for Disease Control and Prevention announced new guidelines for taking off our masks and relaxing certain social distance protocols associated with COVID-19. In this episode we discuss what workplaces need to consider before they change their policies with Melissa Legault from Squire Patton Boggs. Special thanks to our sponsor Nota.

Amateur online investigators have helped police break cold cases wide open but what happens when they go too far? Dr. Sarah Lageson from Rutgers University School of Criminal Justice stops by to discuss the ethical and Constitutional concerns as well as the proper way for law enforcement to team up with these arm-chair detectives. Special thanks to our sponsor Nota.

Recent secession efforts aim to add land to Idaho by removing it from other states like Oregon, Washington, and California. But who is heading this movement and why? Is it legal? Will it happen? Professor Norman Williams from Willamette University College of Law joins us. Special thanks to our sponsor Nota.

Professional Tennis Star Naomi Osaka recently and surprisingly withdrew from the French Open after she was fined for failing to make her contractually obligated media appearances. If you've been following the headlines, you know Naomi had a really good reason for doing this but there's so much more to the story. Sports lawyer and law professor Darren Heitner returns to the show to tell us all about it. Special thanks to our sponsor Nota.

In this episode, we talk about South Dakota's famous 4th of July fireworks show, why it was cancelled, and Governor Kristi Noem's lawsuit against the Biden Administration to get it back. Christopher Vondracek from Forum News Service joins us. Special thanks to our sponsor Nota.

The Arizona Election Audit has provoked high-powered legal battles but what is the Arizona Senate looking for and why is Maricopa County and the Democratic Party of Arizona trying to stop it? Zachary Stieber from the Epoch Times walks us through this colossal rumble. Special thanks to our sponsor Nota.

The 6th Amendment guarantees our Right of Confrontation in criminal trials and affords us an opportunity to question witnesses against us. But in a world where criminal courts are using Zoom for trials, are we protecting the Constitutional Rights of defendants in court? Professor Andrea Roth from the University of California Berkeley School of Law joins us to explain. Special thanks to our sponsor Nota.

As America continues to reopen, certain changes at the Department of Labor might impact your workplace and its ability to recover from COVID-19. Tune in to hear the details with expert guests Crystal Wildeman and Louise Griffin from the law firm of Dinsmore & Shohl. Special thanks to our sponsor Nota.

How do you balance the needs of a patient versus safely running a mental health facility? In this episode, we discuss whether or not a non-certified service animal should have been granted access to a treatment center. Christopher Knauf from the Disability Rights Legal Center joins us to discuss his work and the law. Special thanks to our sponsor Nota.

Many Americans privately give to causes and charities but don’t want that fact to be made public. But, do we actually have a right to privately donate? The Supreme Court will soon answer that question in another free speech case called ‘Americans for Prosperity Foundation vs. Bonta’. Professor Roger Colinvaux from Columbus School of Law stops by to explain. Special thanks to our sponsor Nota.

Professor Adam Winkler from the UCLA School of Law joins us for a high caliber discussion about New York State Rifle & Pistol Association v. Corlett and what that case could mean for 2nd Amendment rights. Special thanks to our sponsor Nota.

Does Florida’s new anti riot law violate free speech and the right to right peaceably assemble? Kirk Bailey from the ACLU of Florida joins us to compare notes. Special thanks to our sponsor Nota.

A huge 2nd Amendment case that flew under the press radar, Travieso v. Glock addresses liability issues when 3rd parties unlawfully use firearms and injure others. Larry Keane from the National Shooting Sports Foundation joins us. Special thanks to our sponsor Nota.

In 1974, a United States diplomat was kidnapped by the People’s Liberation Army of Mexico. His wife fought for his release but U.S. policy forbid the government from paying his ransom. Tune in to hear a true life account involving President Nixon, John McCain, Henry Kissinger, the “Hanoi Hilton”, a hijacking, and border crossings. Brendan I. Koerner, author and writer for the Atlantic joins us. Special thanks to our sponsor Nota.

As bad as it might sound, some employees are faking COVID symptoms or exposure to receive more time off. Learn how to spot this and what to do about it in this episode with Daniel Kaplan from Foley & Lardner. Special thanks to our sponsor Nota.

Can you name all the Supreme Court Justices or tell us which Amendments are in the Bill of Rights (no Googling)? American Bar Association President Trish Refo reveals the results of their most recent civics survey. Tune in to see how your knowledge stacks up. Special thanks to our sponsor Nota.

In this episode, we talk about the legalities and policy considerations for vaccine passports. Are they a good idea or should we hide in our bunkers? Rachel Morgenstern from Jaspan Schlesinger breaks it all down.

Michigan Courts reinforced the 4th Amendment in a recent decision about law enforcement’s use of low flying aerial drones without a warrant. Mark McKinnon from Fox Rothschild stops by to walk us through this pivotal case.