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Welcome to the Law360 Pro Say podcast

Pro Say is a weekly podcast from Law360, bringing you a quick recap of both the biggest stories and the hidden gems from the world of law. In each episode, hosts Amber McKinney, Bill Donahue and Alex Lawson are joined by expert guests to bring you inside the newsroom and break down the stories that had us talking.
Want to read the full stories mentioned in the podcast? Sign up for a free 7-day trial.

Email us at: ProSayPodcast@Law360.com

Saturday, March 16, 2019

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Ep. 95: Summa Cum Fraude

A major college admissions scandal unfolded this week as federal prosecutors charged dozens of people with participating in an elaborate scheme to help children of wealthy parents — including the co-chairman of a powerful BigLaw firm — get into elite universities. Senior white collar crime reporter Jody Godoy joins the show this week to explain the charges. We’ll also touch on a big ruling that allowed parents of Sandy Hook shooting victims sue a gunmaker, and a Department of Justice decision to roll back an anti-bribery rule that banned disappearing message services.

Full Show (Runtime: 32:25)

Saturday, March 9, 2019

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Ep. 94: As Arrests Rise, Is Court Too Risky For Immigrants?

Immigrants are facing a growing risk of arrest if they enter a courthouse, as federal officials are increasingly using courts as staging grounds for enforcement actions. On this week’s show, reporter RJ Vogt joins us to discuss the trend, including why officers say it’s necessary and why advocates say it’s a problem. Also this week, a California appeals court rebukes an attorney who referred a female judge as “succubistic”; a Mardi Gras dispute in New Orleans over “huge ass beers”; and a nod to famed legal movie “My Cousin Vinny” from D.C. Circuit Chief Judge Merrick Garland.

Full Show (Runtime: 28:18)

Saturday, March 2, 2019

Ep. 93: ‘Judges Are Appointed For Life, Not For Eternity’

An existential question: Can you fix the wage gap from beyond the grave? The Supreme Court said no this week, nixing a ruling in a gender bias case because the judge who wrote it passed away before it was published. We discuss that weird situation on this week’s show, plus a wave of copyright lawsuits over dance moves in the popular video game Fortnite; new criminal charges over ballot tampering in North Carolina; and the legal downfall of a project to remove the rat from the end of "The Departed."

Full Show (Runtime: 33:38)

Saturday, February 23, 2019

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Ep. 92: The Post-Oscars Legacy Of Hollywood’s ‘Inclusion Rider’

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.

Full Show (Runtime: 35:42)

Saturday, February 16, 2019

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Ep. 91: Criminal Records - Easy To Get, Harder To Clear

Roughly one in three Americans have some type of criminal record, and in today’s interconnected world that information is easily accessible and can present a barrier to employment, housing and education. On this week’s episode of Pro Say, reporter RJ Vogt stops by to explain how states are stepping in to help people clear their records, and how that process can still be hard to access. Also this week, a judge rules Paul Manafort lied to prosecutors; a former Apple attorney is charged with illegal trading; the 4th Circuit says workplace sex gossip can support bias claims; and an embarrassing piece of evidence in a pharmaceutical company’s racketeering trial.

Full Show (Runtime: 27:18)

Saturday, February 9, 2019

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Ep. 90: CEO’s Bragging Has Equifax In A Cyber Mess

A lawsuit over the huge Equifax data breach is moving forward after a judge ruled that investors can sue the company for bragging that it had top-notch cybersecurity, raising tough questions for other companies about how they tout their own hacking defenses. Ben Kochman, senior cybersecurity reporter, joins us this week to discuss the case and its ramifications. Also this week, a lawsuit aimed at tearing down the federal court system’s paywall; an Apple bug that accidentally recorded an attorney-client meeting; and a Manhattan associate who was suspended for repeatedly making his mistakes worse.

Full Show (Runtime: 31:10)

Saturday, February 2, 2019

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Ep. 89: No Country For Old Lawyers

As baby boomer attorneys who hung their shingles in small towns around the country retire, fewer and fewer new lawyers are willing to replace them, leaving many residents with limited or even no access to legal help. Jack Karp wrote about the issue for our Access to Justice newsletter, and comes on the show to tell us about these legal deserts. Also this week we discuss more than 170 general counsels issuing an ultimatum to BigLaw over attorney diversity; a pair of indictments leveled against Chinese telecom giant Huawei; and instagram influencers facing questions over Fyre Fest.

Full Show (Runtime: 37:40) Top News: GCs give firms an ultimatum on diversity (7:40) Top News: Huawei charged with trade secrets theft, banking cover-up (7:20) Main Story: Rural U.S. faces a legal desert (14:45) Offbeat: Instagram influencers under Fyre (Fest) (7:55)

Saturday, January 26, 2019

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Ep. 88: Unpacking Skadden’s Ukraine Lobbying Scandal

BigLaw powerhouse Skadden Arps recently agreed to pay $4.6 million to settle Department of Justice allegations that it failed to register lobbying work it performed on behalf of the Ukrainian government -- work that came to light through Special Counsel Robert Mueller’s indictment of Paul Manafort. Law360 D.C. reporter Jimmy Hoover joins us this week to unravel the saga of how Skadden’s work for Ukraine began with caution but ended with lies. Senior Legal Ethics Reporter Andrew Strickler also stops by to explain more about the legal risks one particular former Skadden partner now faces following the settlement. We also discuss the Supreme Court’s ruling that allows the Trump administration’s ban on transgender military members to move forward; and a lawsuit brought by fans of the New Orleans Saints who are upset about a call that cost their team a chance at the Super Bowl.

Full Show (Runtime: 40:06) Top News: Supreme Court clears way for transgender military ban (9:50) Main Story: How Skadden’s Ukraine work started cautiously, but ended with lies (12:25) Main Story: Will ex-Skadden partner Greg Craig face charges from Ukraine scandal? (11:05) Offbeat: Upset Saints fans file suit over blown call (6:36)

Saturday, January 19, 2019

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Ep. 87: LIVE SHOW - SDNY Chief Talks Women In The Law

This week the Pro Say podcast is live from the New York State Bar Association's annual meeting. We take a look at issues surrounding the #MeToo movement and how women are faring in the legal profession, with special guests Chief Judge of the Southern District of New York Colleen McMahon and NYSBA President Michael Miller. And are you still confused about how the judiciary will fare in the protracted government shutdown? We do a lightning round of what you need to know.

Full Show (Runtime: 43:28)

Saturday, January 12, 2019

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Ep. 86: Can Trump Declare A National Emergency To Build His Wall?

With the government shutdown nearing three weeks, President Donald Trump threatened this week to declare a national emergency to pay for a border wall that Congress won’t approve. Can he do that? To help answer that question, we’re joined this week by Elizabeth Goitein of the Brennan Center for Justice, the author of a recent study on emergency powers. Also this week, we discuss how long the federal courts can stay open under the shutdown; Brett Kavanaugh’s first Supreme Court opinion; a big win in court for Flint water crisis victims; and a Reed Smith attorney whose “Animal House” references landed him in double secret probation.

Full Show (Runtime: 35:40) Top News: The latest on the government shutdown (8:09) Top News: Justice Kavanaugh issues his first opinion (4:56) Top News: A big legal win for Flint water crisis victims (4:10) Main Story: Can Trump declare a state of emergency to build a border wall? (12:40) Offbeat: ‘Animal House’ reference gets attorney in trouble (5:40)

Saturday, January 5, 2019


Have you ever wondered what Amber, Alex, and Bill look like in person? Come find out when we appear at the New York State Bar Association's annual meeting at the New York Hilton Midtown on Wednesday, January 16 at 11 a.m. We'll be joined by special guests including NYSBA President Michael Miller and Hon. Colleen McMahon, the chief judge of the U.S. District Court for the Southern District of New York. Don't miss the fun!

Saturday, December 22, 2018

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Ep. 85: YEAR END SPECIAL - The Biggest Legal Stories of 2018

2018 had no shortage of huge legal news developments. For our last show of the year, we’re sharing what we think were the three biggest legal stories, including: Justice Brett Kavanaugh’s contentious journey to the High Court; an ongoing cycle where the Trump administration cracks down on immigration only to see their policies challenged in court; and the ever intensifying Mueller probe and criminal allegations against a long list of Trump associates.

Full Show (Runtime: 44:22) Story 1: Kennedy retires, Kavanaugh gets nominated, things got crazy (14:50) Story 2: Another year of immigration turmoil (10:30) Story 3: Law and Order: Special Presidential Unit (18:52)

Saturday, December 15, 2018

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Ep. 84: Clergy Abuse Victims Want New Shot At Justice

A bombshell grand jury report in Pennsylvania this summer that priests sexually abused a thousand children has kickstarted an effort to extend the amount of time that victims can sue, but not everyone supports the change. This week reporter Dan Siegal joins us to explain the situation and how similar provisions have worked out in other states. Also this week, we discuss Michael Cohen’s sentencing and Federal Judge William Alsop quizzing potential jurors on whether they believe in UFOs and telekinesis.

Full Show (Runtime: 28:55) Top News: Cohen gets 3 years and National Enquirer admits payments (12:35) Main Story: Clergy abuse victims fight for chance to bring claims (9:00) Offbeat: Do you believe in UFOs? Judge Alsup wants to know (7:10)

Saturday, December 8, 2018

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Ep. 83: You Copy-and-Pasted A False Statement. Are You A Fraudster?

Can you be held liable for securities fraud if you simply copy-and-paste someone else’s false statements? The U.S. Supreme Court wrangled with that question this week, and reporter Jon Hill joins us to explain the case. Also this week, we discuss President Donald Trump’s bid to collect attorneys' fees from Stormy Daniels after her failed libel suit; rapper Jay-Z’s successful fight for more diversity among arbitrators; and a lawsuit from Chicago Bulls great Scottie Pippen against a Florida lawyer who allegedly trashed his mansion.

Full Show (Runtime: 35:20) Top News: Trump wants fees after Stormy Daniels’ defamation suit failure (10:27) Top News: Jay-Z wins fight over lack of diverse arbitrators (6:53) Main Story: The high court case of copied/pasted text that resulted in fraud claims (11:30) Offbeat: Scottie Pippen sues over destroyed mansion (6:30)

Saturday, December 1, 2018

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Ep. 82: The Government Took My Land Rover. Now What?

If you’re charged with a crime, can the government just take your stuff? The practice of seizing property from criminal defendants, known as civil forfeiture, has skyrocketed over the past decade, but a new Supreme Court case looks likely to rein it in. To discuss the issue and the case, we’re joined this week by senior reporter Diana Jones. Also on this week’s show, we discuss another of President Trump’s controversial judicial nominees; Reed Smith firing a partner accused of sexual harassment; and how fewer and fewer people can pass the California bar exam.

Full Show (Runtime: 30:10) Top News: Controversial Thomas Farr unlikely to be confirmed as a district court judge (8:48) Top News: Reed Smith fires partner over sexual harassment claims (7:00) Main Story: Seized SUV spurs High Court look at forfeiture boom (10:00) Offbeat: Nobody can pass the California bar exam (5:15)

Saturday, November 24, 2018

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Ep. 81: THANKSGIVING SPECIAL - Pro Say's Legal Leftovers

In light of Thanksgiving this week, we’re taking a break from our normal show with a special holiday episode looking back at our favorite offbeat stories of the year. We revisit all the legal drama surrounding the West Virginia Supreme Court; a dine-and-dash dater; an attorney who called his client a “total moron;” a woman who took a toilet tumble at the White House Easter egg roll; and former Jersey Shore star Mike “The Situation” Sorrentino’s mounting legal troubles.

Full Show (Runtime: 34:53)

Saturday, November 17, 2018

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Ep. 80: CNN v. Trump

CNN took President Trump to court this week for banning reporter Jim Acosta from the White House, culminating on Friday in a major win for the network. Our own Bill Donahue was covering the case all week and walks us through the details. We’re also joined this week by John B. Bellinger III, one of several prominent conservative attorneys who say President Trump has undermined the rule of law. Also on this week’s show, a group of Harvard Law students organize a boycott against Kirkland & Ellis; and a Hogan Lovells attorney is caught watching porn at work.

Full Show (Runtime: 38:48) Top News: Harvard law students boycott Kirkland (9:37) Top News: Conservative attorneys form group opposing Trump (8:38) Main Story: White House ordered to return CNN reporter's press pass (14:25) Offbeat: Hogan Lovells partner caught watching porn (6:03)

Saturday, November 10, 2018

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Ep. 79: Sessions Adjourned

President Trump fired Attorney General Jeff Sessions the day after the midterm elections, replacing him with a loyalist named Matthew Whitaker. At the end of a wild week, we’re talking about Sessions’ firing, about Whitaker’s controversial appointment, and about what it all means for Robert Mueller. Also this week, we talk about big votes on criminal justice and marijuana and interview a BigLaw attorney about her firm’s efforts to help voters on Election Day.

Full Show (Runtime: 40:30) Top News: The Sessions firing and early objections to his replacement (21:40) Top News: The poll results on big ballot initiatives (12:25) Offbeat: Drinker Biddle helps voters on election day (6:20)

Saturday, November 3, 2018

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Ep. 78: Will RICO Suits Harsh The Weed Industry’s Mellow?

The tension between state and federal cannabis laws was on display this week in Colorado, where a marijuana farm beat accusations that their otherwise legal business amounted to federal racketeering. To break down the case’s big implications for a budding industry, we’re joined by Denver court reporter Diana Novak Jones. Also this week, we discuss Pittsburgh’s failed effort to hide the details of its bid for a new Amazon headquarters; and a litigious New York attorney who couldn’t shake a judge’s “copyright troll” label.

Full Show (Runtime: 30:00) Top News: Pittsburgh can’t keep its Amazon HQ bid secret (8:43) Top News: Litigious attorney gets stuck with “copyright troll” label (8:37) Main Story: Colorado pot grower beats federal RICO suit (12:30)

Saturday, October 27, 2018

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Ep. 77: BigLaw Quiet About Ties To Saudi Arabia

The murder of Washington Post columnist Jamal Khashoggi at the hands of the Saudi Arabian government has put U.S.commercial ties with the Middle Eastern nation under the microscope, and BigLaw is no exception. We’re joined by D.C. reporter Jimmy Hoover to talk about which firms have ties to the Saudis, the one firm that has already backed away, and the many others that have remained silent. Also this week, we discuss New York’s suit claiming Exxon Mobil defrauded shareholders by downplaying climate change; the fight over a citizenship question on the 2020 U.S. census; and an attorney who claims too much wine led him to share insider stock tips.

Full Show (Runtime: 36:23) Top News: Exxon feels heat after climate change fraud suit (9:52) Top News: High court weighs in on census question fight (8:48) Main Story: BigLaw firms quiet about Saudi Arabia ties (11:00) Offbeat: Atty blames stock tip slip on too much wine (6:23)