Speaking of Justice

Gerry Spence spent over 50 years defending the rights of citizens, big and small in cases spanning from the Karen Silkwood case, Imelda Marcos, Randy Weaver and Jeffery Fieger. In this podcast he draws a parallel between what the climate is in America today vs a time in the 1930's in Germany, with a warning regarding the tendency of people to surrender their rights in return for the illusion of safety.  A great interview! You can learn more about Gerry Spence by going to his law firm website and you can purchase the book on Amazon by clicking here.

Paul Bland, Executive Director of Public Justice is Mark Wahlstrom's guest this week on Speaking of Justice. 

In what has become one of the most high profile Court Martial cases in years, Bowe Bergdahl was determined by his commanding officer to have been sufficiently derelict in his duties and actions as to recommend a general court martial for the now infamous soldier who left his post in Afghanistan and then was captured by the Taliban.  Attorney Stephen P. Karns of Dallas, TX, a form US Army Major and JAG Attorney joined Mark Wahlstrom to discuss the strange and at time legally confusing case of Bowe Bergdahl. Did his participation in the PBS podcast "Serial" go one step too far and force the hand of the Army to push for a harsher possible sentence? Is this a case where political pressure has distorted the investigation process?

One of the nations premier legal experts and administrator of Mass Torts, Kenneth Feinberg, joins Speaking of Justice this week to discuss his newly announced role as the point man for VW of America in resolving their emissions scandal and the claims that are arising as a result.  Ken Feinberg has evolved into the "go to guy" on just about every major Mass Tort, ranging from his work on the 9/11 settlements, to the BP Oil Spill, the Sandusky claims, GM ignition litigation and others. His firm, Feinberg Law Offices is in constant demand when large scale solutions are needed for complex and tragic litigation.  In this audio podcast host Mark Wahlstrom and Ken Feinberg discus not just the VW case, but the issues that arise when a special master, or "settlement czar" is appointed to expedite settlements outside of the typical mass tort or class action process. Does it provide a better result for claimants? Is it a material threat to the legal rights of injured parties? Are lawyers simply opposed because it cuts them out of the compensation model?

Noted Immigration Attorney Kerry Bretz joins Speaking of Justice to take on the issue of whether or not the US Supreme Courts decision to review Obama's executive order on Immigration, also known as DACA.  Attorney Bretz is a frequent national commentator on immigration law, the on the ground impact for those seeking legal status and citizenship and this ruling could have important impacts on a wide range of people. 

Image of Hillary Clinton,credited to Jonathan Ernst/Reuters, published October 22, 2015. 

Legendary Criminal Defense Attorney Gerald "Gerry" Schwartzbach joins Speaking of Justice to discuss the release of his new book, "Leaning on the Arc".  One of the great criminal defense attorney's of the last 50 years, Gerry Schwartzbach is probably most famous for his defense of actor Robert Blake and and civil rights activist Stephen Bingham. However, his career is better defined by the hundreds of unknown defendants who he represented and kept from prison through his ardent defense of their rights and out standing trial skills.  A passionate defender of the rights of citizens to a competent defense and jury trial, this is a fascinating interview with one of the major criminal lawyers in the US.

Ben Heineman is a legendary and transformative figure in the field of corporate law. He is also a published author and professor at both Yale and Harvard Law schools. In this podcast he joins host Mark Wahlstrom to discuss his recently released book "The Inside Counsel Revolution: Resolve the Partner-Guardian Tension" In this book and interview Heineman discusses his experience in the corporate law field and what led to the writing of his latest book. His decades at the right hand of first Jack Welch and then Jeffery Imalt at GE gives real life wisdom and experience to the pressures facing corporate counsel in all manner of cases.  Given the subsequent troubles that GE has faced in the time since this interview was conducted and the book published, GE watchers, lawyers and management professors will appreciate the contrast as to the perception of GE from then and now.

This episode looks into the area of Appellate Law in Family law matters. For non-lawyers simply note that this is the lawyer who helps you appeal a case or decision that has been handed down in family court.The discussion is primarily around when to appeal, the potential costs and risks associated with an appeal and the process by which people should consider who to select as a lawyer in this area.You can purchase " The Family Law Guide to Appellate Practice" or you can learn more about Attorney Barach by going to his firms web site at Barach Law Group, LLC.

You may purchase "Crimes and Punishment" by going to the ABA book store and ordering a copy today.   

The Mraz matter is an in depth look into how a major personal injury case victory can be inadvertently turned into a sour loss by the failure to use Qualified Settlement Funds and simple language in settlement or verdict instructions. Guest Patrick Hindert, VP of Business Development for Independent Life and the co-author of the settlement industry bible " Structured settlements and periodic payments judgments" joins host Mark Wahlstrom in what is a primer on how to avoid potential legal malpractice when attempting to preserve the planning options for personal injury victims. The Mraz case refers to a case in the Court of Appeal, Second District, Division 3, California in a case A.M., a Minor, etc, et al., Plaintiff and Respondent, v Lieff Cabraser Heimann & Bernstein, LLP. The West Law reference is 2019 WL 2433188 and it looks at what was a massively successful verdict by the firm on behalf of a minor client, that inadvertently and through a lack of utilizing some of the available planning options for structured settlement planning, ended up in a dispute about the loss of rights to structure payments for the plaintiff. This is an ESSENTIAL case for structured settlement professionals and trial lawyers to pay attention to in that it looks at why Qualified Settlement Funds and 468B trust are such a vital, but under utilized tool in litigation as well as the failure to simply include instructions or notations that preserve the right of parties to structure payments.

This episode is sponsored by Wahlstrom & Associates, the nations leader in Settlement Planning and Litigation Trust design and management.