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

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.

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.

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!

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.

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 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.

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 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.

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.

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.

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.

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.