Podcast appearances and mentions of cohen milstein

Today, I am pleased to welcome Betsy Miller, Lecturer on Law at Harvard Law School. Betsy teaches leadership development, change management and negotiation skills, and her research and writing focus on Polarities (“Both/And” thinking), which is the study of opposite forces that need each other to succeed. Betsy's 25-year career has spanned positions in federal and local government, defense and plaintiff law firms, and academia. Through 2023, she was Chair of Cohen Milstein's' Public Client practice, where she represented state Attorneys General as their lead outside counsel in investigations and litigation involving large-scale consumer fraud and privacy violations, including the national opioid litigation that delivered more $25 billion in relief, and the $2.2 billion resolution of federal and state litigation against the largest credit rating agencies for their misconduct in connection with mortgage-backed securities. Betsy was the 2021 recipient of the Givens Visionary Award from The National Law Journal, was awarded a Wasserstein Fellowship by Harvard Law School, and was named Special Advisor to the Commission on Women in the Profession by the President of the American Bar Association in 2023. Betsy offers an introduction to the idea of polarities and “Both/And Thinking” and a high-level overview of these concepts and the science behind them. There are numerous such baffling polarities in the family enterprise and family office world. Even the name “family office” is a bit of an oxymoron encapsulating the polarities it contends with. One common polarity of diametrically opposed forces enterprise families experience is the importance of preserving and growing the family capital vs. putting it to work to make a positive impact. Another one is the tension between the desire to learn from and build on the wisdom and success of the older generation vs. the need to empower the rising generation to chart their own course. Yet another is the tug of war between the mission of the family office to steward and invest the family's financial capital vs. its role to educate and educate the human capital and ensure family members are happy and fulfilled. Besty shares her thoughts about these and similar polarities that affect enterprise families and provides some insight into how to best think about and deal with them. A great practical tool Betsy offers is the 2-dimensional chart that helps people visualize the polarities they are facing and understand and manage both the benefits and the overuses of each extreme end of the polarity continuum. She talks about this tool, how it can be used to not only understand the opposing forces and tendencies, but also to harness the benefits of each extreme while minimizing the counterproductive overuses. Betsy also describes some of the other practical and educational resources she recommends to those who wish to learn more about polarities, become better equipped to spot them, and develop their skills at applying a Both/And Thinking approach in their interactions with their fellow family members or with their family clients. Do not miss this illuminating conversation with one of the leading researchers and educators in the field of polarities and Both/And thinking.

This Day in Legal History: Black Sox Scandal Jury SelectionOn July 5, 1921, jury selection commenced for one of the most infamous trials in baseball history: the Chicago "Black Sox" trial. Eight players from the Chicago White Sox, including the legendary "Shoeless Joe" Jackson, stood accused of conspiring to throw the 1919 World Series against the Cincinnati Reds. The scandal shocked the nation, casting a shadow over America's beloved pastime and questioning the integrity of the sport.The players were charged with accepting bribes from gamblers in exchange for intentionally losing the series. The trial attracted immense public and media attention, with fans eagerly following every development. Despite compelling evidence and confessions from some players, the jury ultimately acquitted all eight defendants.However, the acquittal did not mean exoneration in the eyes of baseball's governing bodies. Newly appointed Baseball Commissioner Kenesaw Mountain Landis took decisive action to restore the sport's integrity. On August 3, 1921, Landis issued a lifetime ban on all eight players involved in the scandal, regardless of the trial's outcome.The "Black Sox" trial remains a significant moment in legal and sports history, illustrating the complex interplay between law, ethics, and professional sports. The trial's legacy endures, serving as a cautionary tale about the dangers of corruption and the importance of maintaining trust in public institutions.A federal judge rejected Boehringer Ingelheim's attempt to block the Biden administration's Medicare Drug Price Negotiation Program, which aims to reduce prescription drug costs. Chief Judge Michael P. Shea ruled against all of Boehringer Ingelheim's claims, stating the program is constitutional. The case centered on whether the Inflation Reduction Act's provision forcing drug companies to agree to a maximum fair price for selected drugs violates constitutional rights.Boehringer Ingelheim argued that the program infringed on the First Amendment (compelled speech), Fifth Amendment (due process and takings clauses), Eighth Amendment (excessive fines), the Administrative Procedure Act, and the unconstitutional conditions doctrine. However, Judge Shea determined that participation in Medicare and Medicaid is voluntary, even if economically incentivized, and the federal government can place conditions on participation in its programs. He clarified that Boehringer Ingelheim was not deprived of property interest since it had the option to withdraw before any data submission was required.Regarding the First Amendment claim, Shea found no support in precedent, likening required communications to standard price regulations. On the Eighth Amendment claim, he noted that Boehringer Ingelheim could not demonstrate a likelihood of success as the argument was novel and lacked precedent.The case, Boehringer Ingelheim Pharmaceuticals, Inc. v. United States Department of Health and Human Services, highlights ongoing legal challenges to the Biden administration's health plan, specifically targeting the reduction of high drug prices under the Inflation Reduction Act. The key issue here is the First Amendment argument, which was a central but unsupported claim in this case. Judge Shea's ruling emphasized that required communications for regulatory compliance do not constitute compelled speech under the First Amendment.Judge Tosses Boehringer Bid to Block Biden Drug Price PlanThe Federal Trade Commission (FTC) faced a significant legal challenge when a Texas federal judge halted its rule banning noncompete clauses across the U.S. Judge Ada Brown sided with the U.S. Chamber of Commerce and a Texas tax firm, arguing that the FTC exceeded its authority. This decision, following recent Supreme Court rulings limiting agency powers, underscores the difficulties the FTC may encounter in implementing new regulations.The FTC's noncompete rule, which was to take effect on September 4, would have impacted around 30 million U.S. workers by prohibiting noncompete clauses that restrict job mobility within the same industry. FTC Chair Lina Khan has been advocating for broader antitrust regulation, including labor markets, but faced opposition from major business groups.This rule, adopted in April with a narrow 3-2 vote, was a rare move for the FTC, which has traditionally addressed competition issues through legal actions rather than broad rulemaking. Despite the FTC's assertion that it has the authority to issue such a rule, Brown ruled that the FTC Act of 1914 does not permit the agency to create substantive rules on unfair competition.Legal experts noted that the FTC's limited history with rulemaking poses challenges for the agency, especially in light of recent Supreme Court decisions that reduce judicial deference to regulatory interpretations. This context complicates the FTC's efforts to enforce the noncompete ban, potentially leading to further legal battles.Brown's ruling referenced the recent Supreme Court decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron deference principle, further complicating regulatory actions by the FTC. While this particular decision was limited to the plaintiffs in the case, it sets a precedent that could hinder future FTC regulations.FTC Noncompete Ban Freeze Signals Tough Legal Road for AgencyUS judge partially blocks FTC ban on worker noncompete agreements | ReutersA liberal group, Accountable.US, filed a complaint with the Washington DC Attorney General alleging that the Conservative Partnership Institute (CPI), a nonprofit organization employing former White House Chief-of-Staff Mark Meadows, improperly funneled money to cover Meadows' legal bills related to investigations into efforts to overturn the 2020 election. The complaint states that CPI gave a $1.2 million grant to Personnel Policy Operations (PPO), another nonprofit, which then transferred $1.1 million to the Constitutional Rights Defense Fund to fund legal defenses for Trump allies, including Meadows.Accountable.US argues that CPI's actions violate its nonprofit status, which requires operations to benefit the public, not partisan operatives. The complaint calls for the dissolution of CPI and PPO, claiming they serve private interests rather than public purposes. The DC Attorney General has the authority to dissolve nonprofits that fail to operate in the public interest.CPI, a key organization in conservative circles preparing for a potential second Trump administration, paid Meadows a substantial salary in 2022. The complaint underscores that nonprofits must not engage in political campaigning or private benefit operations to maintain their tax-exempt status. Additionally, another liberal group, Campaign for Accountability, previously filed a similar complaint with the IRS against CPI.The takeaway here is the requirement for nonprofits to operate for public benefit to retain tax-exempt status. This case raises questions about whether CPI and PPO violated these rules by financially supporting Meadows and other Trump allies.Mark Meadows Nonprofit Funneled Cash for Legal Bills, Group SaysA $170 million legal fee request from lawyers at Grant & Eisenhofer and three other firms remains unresolved after a Brooklyn federal judge rejected their antitrust settlement with Visa and Mastercard. The settlement, following nearly 20 years of litigation, aimed to reduce the interchange fees merchants pay for credit card transactions. Visa and Mastercard would have paid up to $113.3 million and $56.6 million, respectively, to cover the legal fees if the settlement was approved.Judge Margo Brodie ruled that the settlement did not sufficiently address the merchants' concerns, despite agreeing with the fee request terms. She argued that Visa and Mastercard could withstand a more substantial settlement, noting that merchants paid $100 billion in interchange fees in 2023 alone. The proposed agreement would have marginally reduced swipe fees and imposed caps for five years but still required merchants to honor all Visa and Mastercard transactions.The ruling means lawyers must renegotiate better terms with Visa and Mastercard, extending the timeline for any resolution. Despite rejecting the settlement, Brodie's decision cannot be appealed and would be difficult to overturn.Opposition to the settlement came from major retailers and trade groups, who deemed it inadequate. The National Retail Federation, while not yet addressing the legal fee request, expressed broader concerns over the deal.In related legal fee news, Tesla and the legal team that voided Elon Musk's $56 billion stock options will argue over compensation, with the plaintiffs seeking around $7 billion, contrasting Tesla's suggestion of $13.6 million. Additionally, firms involved in a $48 million settlement with Progressive over undervalued wrecked cars seek up to $16 million in fees, and Hagens Berman and Cohen Milstein were awarded $51.6 million in a chicken price-fixing case.Legal Fee Tracker: Lawyers' $170 million payday in limbo in credit card swipe fee case | ReutersThis week's closing theme is by John Philip Sousa.This week's closing theme features the renowned American composer and conductor, John Philip Sousa. Known as "The March King," Sousa is celebrated for his extraordinary contributions to military and patriotic music. Born in Washington, D.C., in 1854, Sousa's career spanned more than five decades, during which he composed over 130 marches, as well as numerous operettas, suites, songs, and waltzes. His music epitomizes the spirit and vibrancy of American patriotism, making him a household name and a significant figure in American music history.Sousa began his musical journey at a young age, joining the U.S. Marine Band as an apprentice when he was only 13. He later became the band's conductor, elevating its status to the finest military band in the country. After leaving the Marine Band, Sousa formed his own civilian band, which gained international fame and toured extensively. His impact on American music extends beyond composition; he also championed music education and the development of the sousaphone, a marching band instrument named in his honor.Today, we highlight one of his most famous marches, "The Liberty Bell." Composed in 1893, this piece is instantly recognizable and has been used in various contexts, including as the theme for the British comedy series "Monty Python's Flying Circus." "The Liberty Bell" was originally intended for an operetta that never came to fruition, but it found new life as a standalone march. The piece is a perfect example of Sousa's ability to blend melodic ingenuity with rousing rhythmic patterns, capturing the essence of American optimism and pride. The title was inspired by a suggestion from Sousa's wife after they saw a picture of the Liberty Bell in a magazine.Without further ado, enjoy "The Liberty Bell" by John Philip Sousa. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Change is inevitable. But how law firms react to it is a defining characteristic of successful legal marketing. Shifts in the economy, emerging industries and changes in regulation happen often and being able to respond to new opportunities is a skill that marketing leaders need to exercise now more than ever before. Jennifer Green is lucky to welcome to the CMO series Tammy Mangan, Director of Marketing at Cohen Milstein Sellers & Toll, to explore how legal marketers can recognise and take advantage of opportunities in the market.   Jennifer and Tammy cover: How Tammy came to be in your current role and when was it in her career that she realised how important it was to be aware of and able to take advantage of opportunities as a legal marketer Why looking for opportunities and turning them to the benefit of the firm is so key for marketing at a law firm What a potential opportunity look like for a firm and what marketers do to be more aware of possible developments How marketers be nimble and ready to move quickly enough to make opportunities  matter Once the opportunity becomes obvious and the firm has committed to the plan, what the first steps are in making the most of that development Advice for marketers looking to see and react to opportunities facing their firm  

In today's episode I speak with Christine E. Webber who is a leading plaintiff-side class-action civil rights & employment attorney. Christine is a Partner and Co-Chair of the Civil Rights & Employment practice group at Cohen Milstein. In this role, she represents victims of discrimination and wage and hour violations in class and collective actions. She has represented clients in some of the largest, groundbreaking discrimination and Fair Labor Standards Act (FLSA) class and collective actions in the United States. She has been recognized with numerous of awards for her work and has served as a leader in a number of employment-law related organizations. Christine started her career as a law clerk to Judge Will on the United States District Court for the Northern District of Illinois and as a Fellow at the Lawyer's Committee for Civil Rights. In our conversation we discuss her path to law which began by lobbying for more rights for girls in her 3rd-grade classroom, the differences between changing the law through policy and through litigation, the importance of seeing both the big picture and the narrow details in plaintiff-side class action work, how she prepares for depositions (in her words, it is like putting a puzzle together without having the picture on the box) and the importance of both planning and flexibility in that process, why she loves working with statistical experts who are so important to her cases, how "winning" differs as a plaintiff-side class action lawyer, the skills that make newer lawyers stand out in her experience (research, details, preparation), why her decision to take a risk early on and jump at an uncertain opportunity made the rest of her career possible, and the various paths to the kind of work that she does. If you enjoy this episode, please make sure to sign up for future episodes at www.howilawyer.com or to subscribe wherever you get your podcasts. This episode is sponsored, edited, and engineered by LawPods, a professional podcast production company for busy attorneys.

While accepting her Academy Award for Best Actress in 2018, Frances McDormand shouted out a word that set the internet aflutter: Inclusion Rider.  In a 2019 Femtastic Oscars Edition podcast, Katie interviewed one of the co-authors of the inclusion rider, law partner in civil rights and employment, Kalpana Kotagal, to introduce us to the concept. An inclusion rider is a clause added onto a contract, and usually an A-lister's contract, that requires diversity both on-screen and off in the hiring for Hollywood productions. Today, Kalpana and fellow co-author Fanshen Cox, head of strategic outreach at Pearl Street Films, join the podcast to give us an update on how the Inclusion Rider has changed Hollywood since 2018. Hint: You've probably watched a film or TV show that was produced using an inclusion rider. ;)  What successes have they had in building the inclusion rider into productions? What challenges and push-back have they encountered, and where do we go next? How can those of us that don't work in Hollywood support the inclusion rider, both via the entertainment we consume AND how we bring the principles of the inclusion rider into our own organizations?  LINKS: - Color of Change's Inclusion Rider Explainer Video - Kalpana and Fanshen's Refinery29 op-ed on the latest version of the Inclusion Rider - Kalpana Kotagal on Twitter: @KalpanaKotagal - Fanshen Cox on Twitter: @Fanshen   - Cohen Milstein on Twitter: @CohenMilstein - Pearl Street Films on Twitter: @pearlstreet

As we consider how to open the workplace with possible hybrid options, one reality that has received too little attention is the increase in Workplace Harassment during the pandemic year. In this show, Kalpana Kotagal, partner at Cohen Milstein in the Civil Rights and Employment group, will consider recent findings from two surveys which reveal a significant rise of virtual harassment of many people working from home. Ms. Kotagal will consider whether the pandemic played a role in increasing existing harassment in the workplace or added new dangers and demands on employees working remotely. She will discuss the challenges of virtual work, the targets of virtual harassment (women, people of color, LGBTQ and older employees) and what happens when there is no witness and no bystander. Importantly she will offer her expertise in terms of the need for Employers and Human Resource Professionals to consider the ongoing issues of workplace harassment that compromise the safety, equality, mental and physical health of all employees in the office and the virtual workplace.

As we consider how to open the workplace with possible hybrid options, one reality that has received too little attention is the increase in Workplace Harassment during the pandemic year. In this show, Kalpana Kotagal, partner at Cohen Milstein in the Civil Rights and Employment group, will consider recent findings from two surveys which reveal a significant rise of virtual harassment of many people working from home. Ms. Kotagal will consider whether the pandemic played a role in increasing existing harassment in the workplace or added new dangers and demands on employees working remotely. She will discuss the challenges of virtual work, the targets of virtual harassment (women, people of color, LGBTQ and older employees) and what happens when there is no witness and no bystander. Importantly she will offer her expertise in terms of the need for Employers and Human Resource Professionals to consider the ongoing issues of workplace harassment that compromise the safety, equality, mental and physical health of all employees in the office and the virtual workplace.

This is the final episode in The Way Back Series - how entertainment and production will navigate getting back to work while living with COVID-19. In this episode, we want to talk about how we will ensure we keep moving forward with diversity, inclusion and representation, and not lose any ground due to the recent work stoppage and the scarcity it created. To do this, we have assembled an amazing panel. We’ve asked the brilliantly talented women of the Sista Brunch Podcast, Fanshen Cox, co-host of Sista Brunch, Award-winning playwright, actor, producer & educator and co-author of the Inclusion Rider, and Christabel Nsiah-Buadi, Award-winning radio journalist, executive producer of Sista Brunch and writer for British Vogue and The Independent to take over the Catch A Break Podcast. Panelists include Kirsten Schaffer, Executive Director of Women In Film and one of the forces behind the WIF ReFrame initiative, Marcei Brown, co-creator of Crewvie, a global inclusion database, and one of the founders of the Catch A Break Podcast, Yolanda Cochran, SVP Live Action Production at ViacomCBS’ Nickelodeon & Awesomeness and member of the PGA One Guild Committee, and Kalpana Kotagal, Partner at Cohen Milstein and co-author of the Inclusion Rider.

Kathryn speaks with Molly J. Bowen and Julie Goldsmith Reiser of Cohen Milstein about their representation of Alphabet shareholders in a case over the company's handing of sexual harassment claims that led to a $310 million settlement that's been hailed as precedent-setting.   Episode Resources https://www.cohenmilstein.com/professional/molly-j-bowen  https://www.cohenmilstein.com/professional/julie-g-reiser    Episode Highlights Violations of law - 2:01 The sexual harassment laws - 3:20 An evolving form of litigation - 5:49 Policies and procedures - 7:20 Making compensation decisions - 9:21 What addresses the settlement - 12:55 Hopes of the settlement - 13:46 The flip of mindset - 16:35 An industry typically male-dominated - 25:53 It is inspiring to fight for our clients - 27:32   Subscribe, Share and Review To get the next episode subscribe with your favorite podcast player. Subscribe with Apple Podcasts Follow on Spotify Leave a review on Apple Podcasts

Kathryn interviews Kalpana Kotagal, partner at Cohen Milstein and co-author of the Hollywood “Inclusion Rider” (made famous by Frances McDormand during her 2018 Oscars acceptance speech). They talk about strategies for diversity in the workplace and race and gender discrimination.   Episode Resources kkotagal@cohenmilstein.com  https://www.cohenmilstein.com/professional/kalpana-kotagal#:~:text=Kalpana%20Kotagal%20is%20a%20Partner,Ms.    Episode Highlights The night of the Oscars - 1:07 Working behind the scenes for a while - 2:01 Diversifying the profession - 8:07 Access and inclusion issues - 9:42 How to use inclusion writers - 11:08 Increasing litigation in the law space - 27:03 What Big Law is doing about inclusion - 28:51 Pressure points - 29:25 Subscribe, Share, and Review To get the next episode subscribe with your favorite podcast player. Subscribe with Apple Podcasts Follow on Spotify Leave a review on Apple Podcasts

Guest Betsy Miller, Dartmouth '96, left college directly for law school but had this sinking feeling she probably should have been a therapist. What she found, though, was that it just meant that she was drawn always to the human elements of the law. After years of varied work in the legal field—from accomplished litigator to law school instructor—she started asking where others in the legal profession were going to get the leadership lessons they needed to succeed and not just the “vocational training common to the field.Having returned to school herself to delve into organizational development, change management, and leadership development, she now is on a mission to make an impact on the law both in practice and in the educational setting so that a new crop of lawyers—including women and other underrepresented groups—have the skills that they and their organizations need to excel in a field that relies solely on human talent and team-based work.In this episode, find out from Betsy how sometimes you need to step up an answer your own questions in order to make a real impact …on ROADS TAKEN...with Leslie Jennings Rowley. About This Episode's GuestBetsy Miller is Partner at Cohen Milstein and is co-chair of the firm’s public client practice group. In her work, she represents state Attorneys General in civil investigations and litigation in areas that protect government interests and vulnerable communities, mainly from corporate abuse. When she’s not using her voice for your rights, she can be found using her voice to get you pumped as a fitness instructor.  Executive Producer/Host: Leslie Jennings RowleyMusic: Brian Burrows

In this episode of the Perspectives podcast, sponsored by LexisNexis and hosted on Law.com, we’ll hear highlights from the May 27th presentation titled, How Firms, State and Local Government Attorneys Can Conquer Top Challenges.    There’s a new legal landscape for government attorneys and the law firms that work alongside them. State attorneys general are approaching their work in new ways, spearheading litigation in targeted areas like data privacy and public health. And in the private practice world, there’s a complementary trend – a number of law firms are creating or building up their state AG practices in response.   The speakers in this episode include Karl Racine, Attorney General, Office of the Attorney General for the District of Columbia; Natalie Ludaway, Partner at Crowell & Moring; Betsy Miller, Partner at Cohen Milstein Sellers & Toll; Lisa Helem, Editor in Chief of The National Law Journal; Cheryl Miller, Senior Writer at The National Law Journal; and Teresa Harmon, Vice President, SLG at LexisNexis.   The full on-demand webcast can be found here: https://www.law.com/2020/04/14/how-firms-state-and-local-government-attorneys-can-conquer-top-challenges/ Karl A. Racine • Attorney General  • Office of the Attorney General for the District of Columbia  Attorney General Racine draws on over 25 years of legal and leadership experience in his work on behalf of District residents. Over the course of his career, he has worked at the D.C. Public Defender Service, where he represented District residents who could not afford a lawyer, served as Associate White House Counsel to President Bill Clinton, and worked on criminal cases and complex civil litigation at private firms. While in private practice, he was elected managing partner of his firm, Venable LLP, and became the first African-American managing partner of a top-100 American law firm. Natalie O. Ludaway • Partner  • Crowell & Moring LLP Natalie O. Ludaway is a partner in the firm’s Washington, D.C. office and a member of its State Attorneys General Enforcement & Investigations and Advertising & Media groups. With both government and private practice experience, Natalie approaches matters with a true appreciation for the complexities of the regulatory, enforcement, and litigation spaces. She counsels and represents clients in connection with investigations, enforcement matters, and litigation. Natalie also provides unique representation for clients engaged in matters with the government of the District of Columbia and the District of Columbia Council. Betsy Miller • Partner  • Cohen Milstein Sellers & Toll PLLC Betsy A. Miller is a partner at Cohen Milstein and co-chairs the firm’s Public Client practice. Miller represents state attorneys general and municipalities in investigations and litigation involving consumer fraud. Previous roles for Miller include serving as the chief of staff and senior counsel to the D.C. attorney general and as counsel on the U.S. Senate Committee on the Judiciary. Miller is also an adjunct professor at Georgetown Law. Lisa Helem • Editor-in-Chief  • The National Law Journal | Legal Times  Lisa Helem is the editor-in-chief of The National Law Journal. In this role, she oversees content and strategy for the publication, which covers the U.S. Supreme Court, litigation, federal agencies and key players in the legal profession. She also oversees publication of the NLJ’s monthly magazine, contributed columns and special reports—which include the NLJ 500 and the D.C. Litigation Departments of the Year. Lisa also writes about law firm leadership, key D.C. lawyers and diversity. Earlier in her career, Lisa, a graduate of the University of Michigan Law School, practiced commercial litigation at an AmLaw 100 firm and wrote for outlets including Newsweek and People magazines. Cheryl Miller • Senior Writer  • The National Law Journal Cheryl Miller, based in Sacramento, covers the California legislature, the state judiciary and state and local agencies, including the attorney general’s office. She also reports on emerging industries, such as state-legal cannabis. She authors the weekly cannabis newsletter Higher Law. Teresa Harmon • Vice President, SLG • LexisNexis  Teresa Harmon is Vice President of the State & Local Government business for LexisNexis North American Research Solutions. In this role, she serves practicing attorneys and government professionals in state & local government agencies. In this space, she is responsible for Market Strategy, Marketing, Customer Satisfaction, and Sales for legal research and practical guidance products. Previously, Teresa led product and go-to-market strategy for law schools and law firm markets (with 50 attorneys or more). Teresa joined LexisNexis in Dayton, OH in 2008 after obtaining her MBA from the University of Chicago. She also has a mechanical engineering degree from the University of Michigan.

In a new white paper, 5 Steps to Proactively Seek Feedback and Receive it Well, co-authored by Ann Jenrette-Thomas, Chief Diversity and Inclusion Officer at Stinson, discusses some of the hardships lawyers face receiving and learning from feedback. Both the white paper and this podcast were produced by  Thomson Reuters Next Gen LoC’s initiative.  This podcasts, featuring Jenrette-Thomas and Dr. Larry Richard, CEO of Lawyer Brain; and Betsy Miller and Tory Nugent, co-chairs of the public client practice at the law firm Cohen Milstein, discusses the context of this new white paper and how lawyers can overcome these challenges.

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Andrew Friedman, a partner at Cohen Milstein and co-lead counsel in the Marriott data breach class-action suit, to discuss the Marriott case as well as other massive data breaches and the growing security concerns surrounding our personal information.   In today’s episode, Aaron and Andrew address the issues of hacking and all the ways in which our personal data, like passwords, credit card information, our social security numbers, etc., are vulnerable. Andrew explains how customers’ private information can be exposed, specifically in regards to big companies, discussing his involvement in the Marriott Hotel litigation as co-lead counsel – an instance where hundreds of millions of hotel guests’ personal data was hacked, exposing customers’ most sensitive information, such as passport details.   An interesting and incredibly important discussion, listen in as Aaron and Andrew talk about the dangers of sharing your personal data as well as what customers are doing to be better informed and the steps you can take to help protect yourself.     Host: Aaron Freiwald Guest: Andrew Friedman   Follow Good Law | Bad Law: YouTube: Good Law | Bad Law Instagram: @GoodLawBadLaw Website: https://www.law-podcast.com

Welcome to Heels of Justice; these are the stories of women lawyers who are trailblazers in their field and paved the way for the rest of us. Today, the Heels of Justice interview Kalpana Kotagal, Partner at Cohen Milstein, a member of the firm’s Civil Rights & Employment practice group, and Chair of the firm’s Hiring and Diversity Committee. Ms. Kotagal plays an active role in the investigation and development of new matters for the Civil Rights & Employment practice group. Ms. Kotagal is a co-author of the “Inclusion Rider,” referenced by Oscar-winning actress Frances McDormand in her 2018 Best Actress acceptance speech.   Key Takeaways [1:20] Katherine welcomes Kalpana to the Heels of Justice podcast and asks her to talk about what led her to law. [4:22] From steadfastly wanting to be a class action litigator to becoming a class action litigator, were there any moments of doubt? Kalpana shares her call back week of uncertainty. [6:44] Kalpana shares her clerkship experience and learning about the tradition and meaning of lawyering as well as the importance of a rich personal life. [08:36] How Kalpana’s practice started and evolved at Cohen Milstein, from antitrust law to civil rights and employment practice. [10:55] On the connection between gender and sexual discrimination in the workplace.  [14:19] Who is Rose Schneiderman and why is her story so meaningful? [17:30] Kalpana talks about the barriers she faces in her practice, pervasive examples being employment NDA’s, class waivers, or independent contractor issue. Katherine asks which of the issues listed would have the most impact if it was fixed immediately. [21:57] Here is an unlikely question for Heels of Justice Podcast: Katherine asks Kalpana about the 2018 Oscars. [26:39] And if someone wants to use the Inclusion Rider, how does one go about it? [39:20] Kalpana talks about being thrust in the spotlight, the remarkable opportunities to have and be a voice for others as well as becoming a target for backlash and how she chooses to deal with the lows that come with this kind of exposure.   [33:28] Failure isn’t personal: it’s part of the work, it is different from loss and it will always be a learning opportunity, Kalpana shares how she pulls through her own failures. [39:48] Would Kalpana have any advice for her young self? [41:06] Katherine thanks Kalpana for sharing so much of her experience on the Heels of Justice podcast and she signs off until next time.   That’s it for this episode of Heels of Justice; if you like the stories we’re telling, please visit our website. You can join our mailing list, learn more about our guests, and see what we have planned for the future. You can also follow us on Twitter, on Instagram, and on Facebook. Disclaimer: The opinions you have heard are ours or our guest’s alone. They’re not the opinions of our employers, or our clients, or our bosses, and not our husbands, kids or pets, or anyone else’s.   Mentioned in this episode (chronological order) Cohen Milstein The Honorable Betty Binns Fletcher William Fletcher Title 7 EEOC — Select Task Force on the Study of Harassment in the Workplace Jenny R. Yang Joseph M. Sellers Rose Schneiderman Stacy Smith USC Annenberg School for Communication and Journalism’s Inclusion Initiative Fanshen Cox DiGiovanni Pearl Street Films Frances McDormand at the 2018 Oscars The Inclusion Rider Michael B. Jordan Warner Media Just Mercy Brian Stevenson Outlier Society Wal-Mart Stores, Inc. v. Dukes Justice Antonin Scalia   More about the Heels of Justice hosts Sarita Venkat, and Katherine Minarik Heels of Justice on the Web Heels of Justice on Twitter Heels of Justice on Instagram Heels of Justice on Facebook   Sarita Venkat on LinkedIn Katherine Minarik on LinkedIn Katherine Minarik on Twitter Katherine Minarik at cleverbridge   Personal stories (edited) “I really spent the bulk of my career advocating for workers, and with my two colleagues, I had been in the process of working on the inclusion rider — a contractual tool that would allow influential people in Hollywood to approve hiring practices on projects they were working on. In the months before the Oscars, we’d been working behind the scenes with agents and lawyers and talking about this project in presentations and in one of those presentations was Frances McDormand’s agent. Frances heard about the inclusion rider and when she won the Oscar, she got up on the stage and at the end of her acceptance speech she said, “I have two words to leave with you: Inclusion Rider.” All of a sudden, the project was stratospheric, everyone was asking what it was and how it could be used.” More about our guest Kalpana Kotagal’s bio at Cohen Milstein

Is there room for fashion in the practice of law? Join us and find out on this new episode, as we are joined by Victoria S. Nugent, who is a Partner at Cohen Milstein and Co-Chair of the Public Client practice group. She has been with Cohen Milstein since 2000, and her work has been primarily focused on consumer protection and public health and safety, but she also has a hobby: writing a fashion blog. Stay tuned to listen to Victoria's amazing experience and to get some great tips on how to dress for work in style.   Episode Resources https://www.cohenmilstein.com/professional/victoria-s-nugent   vnugent@cohenmilstein.com   Episode Highlights Why start a style blog? - 1:25 Help from her husband - 1:55 Starting law school - 2:42 A classic courtroom litigator - 4:00 When she decided to create a blog - 4:34 Getting dressed for work - 4:49 Spending an hour to write a post - 5:47 Victoria's style philosophy - 6:29 Expressing yourself by the way that you dress - 7:39 Women lawyers and fashion - 8:05 All work days are not the same - 8:35 How to dress for a client meeting - 9:07 Accessories and colors to wear for work - 10:10 Where she buys her clothes - 11:40 Doing most of the shopping online - 12:40 The best fashion finding that Victoria has made - 14:26 Styles that she doesn't like - 15:39 Using crop tops and why - 17:00 Clothes that Victorias uses for work - 18:30 A blazer is always worth spending money on - 19:50 Colors for a bag - 21:25 How big the bag should be - 21:55 Scared of using bright colors at work? - 22:56 Victoria's fashion disasters - 25:08 Experiment with a new style - 27:18 The stomach should never be shown at work - 28:27   Subscribe, Share and Review To get the next episode subscribe with your favorite podcast player. Subscribe with Apple Podcasts Follow on Spotify Leave a review on Apple Podcasts

During her acceptance speech at the 2018 Academy Awards, actress Frances McDormand let the world know about inclusion riders, a novel contract provision that improves hiring practices to deepen diversity within an industry like Hollywood. In light of the 2019 Oscars on Sunday, we welcome in Kalpana Kotagal, a civil rights and employment lawyer at Cohen Milstein and a co-author of the inclusion rider, to explain what’s happened in the year since the provision took center stage. Also on this week’s Pro Say, Justice Clarence Thomas wants to open up libel laws; the Supreme Court deals a blow to civil asset forfeiture; and a judge’s dissatisfied “meh” makes its way into a published order.

Practice Areas Civil Rights & Employment Admissions District of Columbia • New York Education University of Pennsylvania, J.D., cum laude, 2005 • Stanford University, B.S., with Honors, 1999 Clerkships & Fellowships Law Clerk, the Hon. Betty Binns Fletcher, U.S. Court of Appeals for the Ninth Circuit, 2005-2006 About Kalpana Kotagal Kalpana Kotagal is a Partner in Cohen Milstein, and a member of the firm’s Civil Rights & Employment practice and Chair of the firm’s Hiring and Diversity Committee. She is also the co-author of the "Inclusion Rider," referenced by Oscar-winning actress Frances McDormand in her 2018 Best Actress acceptance speech. Ms. Kotagal focuses almost exclusively on employment class actions involving allegations of discrimination. Currently, she represents a class of female sales employees in a Title VII and Equal Pay Act case against one of the nation's largest jewelry chains in Jock, et al. v Sterling Jewelers Inc. Her clients have alleged a pattern of sex discrimination in compensation and promotions. Ms. Kotagal also played an instrumental role in representing Wal-Mart employees in the landmark Supreme Court case Dukes v. Wal-Mart Stores Inc., a case establishing new rules governing class certification. Ms. Kotagal earned her B.S. from Stanford University, with honors, and her J.D. cum laude from the University of Pennsylvania, where she was a James Wilson Fellow. Ms. Kotagal was Articles Editor of the University of Pennsylvania Law Review. Ms. Kotagal served as a law clerk to the Honorable Betty Binns Fletcher, U.S. Court of Appeals, Ninth Circuit. A noted public speaker, Ms. Kotagal recently addressed the 2018 Democratic Attorneys General Spring Policy Conference and the National Women’s Law Center’s Spring Reception in Washington, D.C. In June she will be speaking at the American Constitution Society’s 2018 National Convention, and the 2018 National Employment Lawyers Association Annual Convention. Ms. Kotagal is honored to be invited to by the University of California, Irvine School of Law to be its Commencement Speaker for the 2018 Commencement.

In May, the Department of Labor announced a new overtime regulation, which would require all employers to pay overtime to their salaried employees who make under $47,476 annually. The rule was set to take effect on December 1, 2016. However, 21 states filed suit against the federal government claiming that the rule violated the Fair Labor Standards Act (FLSA) and states’ rights by increasing the overtime threshold, which was $23,660 under the FLSA, so drastically and by setting automatic increases to the threshold every three years. The states argue the rule will decrease full-time employment while increasing unemployment and will burden state governments unlawfully under the 10th Amendment by forcing them to conform to the new regulations. The U.S. Chamber of Commerce and a coalition of business groups also filed their own suit against the law. The cases were consolidated. -- On November 16, Judge Mazzant of the District Court for the Eastern District of Texas heard the states' motion for a preliminary injunction to temporarily block the rule. On November 22, Judge Mazzant granted the states’ motion and issued a preliminary injunction prohibiting the Department of Labor from implementing and enforcing the new rule. Solicitor General Lawrence VanDyke, Michael Hancock of Cohen Milstein, and Jesse Panuccio of Foley & Larner LLP joined us to discuss the court's ruling and the future of the overtime rule under the new administration. -- Featuring: Mr. Lawrence Van Dyke, Solicitor General of Nevada; D. Michael Hancock, Of Counsel, Cohen Milstein; and Jesse Panuccio, Partner, Foley & Lardner LLP.