Another U.S. Supreme Court season is in the books, and while the final week of opinions featured some supermajority holdings along party lines on divisive issues like affirmative action and gay rights, we also saw a number of decisions with unexpected lineups on issues like voting rights and religious freedom. This week, the hosts of both Pro Say and The Term team up to discuss the surprising unanimity we saw in many of the justices’ opinions, the impact we should expect following some of the...

Among its flurry of blockbuster end-of-term decisions, the U.S. Supreme Court has ruled in favor of an Evangelical postal worker who objected to working on Sundays due to religious reasons. The high court held that the Third Circuit shouldn’t have found that the USPS lawfully denied the worker’s religious accommodation request, raising the bar on what kind of accommodation is so burdensome that an employer cannot be expected to honor it. On this week’s Pro Say, Law360 Employment Authority...

Tennessee Attorney General Jonathan Skrmetti has had a busy first year as the Volunteer State’s top legal officer. A keynote speaker at this year’s Burton Awards, which recognize excellence in the law, Skrmetti joined Pro Say to talk about his defense of anti-drag show legislation, gun rights and the delicate balance between litigation and policy work. Also at the Burton’s, former Supreme Court Justice Stephen Breyer opens up about originalism, his label as a pragmatist and potential reforms...

Former President Donald Trump has once again been indicted, this time by a special federal prosecutor honing in on Trump’s stashing of sensitive documents after he left office. This week on Pro Say, the hosts break down the charges against Trump and shine a light on two men who figure to loom large as the case surges ahead: Trump’s personal aide and co-defendant Walt Nauta and his attorney M. Evan Corcoran. Also this week, a white former Starbucks manager wins $25.6 million after proving that...

The bitter legal dispute that has swallowed up the golf world for the past year vanished in a flash this week, as the PGA Tour and its Saudi-backed rival LIV Golf rolled out a blockbuster agreement to join forces. The union would create a new golf organization, the exact shape of which is still taking place. Those particulars will be crucial, as any arrangement between the former competitors is likely to get a long look from antitrust watchdogs and national security regulators. This week on...

Already impeached over a raft of ethics violations, Texas Attorney General Ken Paxton is expected to pursue an unusual legal argument to exonerate himself in the state senate: that voters knew about his purported misdeeds and voted him into office anyway. The so-called “voter forgiveness” doctrine has roots in Texas caselaw, but looks to be a longshot for Paxton. Joining Pro Say this week to lay out Paxton’s dilemma and his unique legal calculus is Law360 editor-at-large Andrew Strickler....

Montana’s decision to ban the popular social media app TikTok has drawn fierce legal backlash, with the company itself and some of its most prominent users immediately suing to reverse the unprecedented ban. This week on Pro Say, the hosts break down the testy litigation brewing in Montana, and how battles over prior attempts to ban the app might inform the saga to come. Also this week, South Carolina attorney Alex Murdaugh, already sentenced to life in prison for murdering his wife and son,...

The Federal Circuit is in the middle of a sensitive inquiry to determine whether 95-year-old judge Pauline Newman is mentally fit to remain on the bench in light of what colleagues have termed “bizarre” and “paranoid” behavior from the judge. Tensions on the court are running high, as Newman has now filed a lawsuit against the court arguing that the investigation into her fitness violates her constitutional rights. Joining Pro Say this week to lay out the saga in full and explain its...

A Manhattan jury has found Donald Trump liable for sexually abusing writer E. Jean Carroll and then defaming her with his subsequent denials, following a contentious and sometimes ugly trial in federal court. Law360’s New York court reporter Frank Runyeon joins the show this week to break down the trial, which resulted in an order for Trump to pay Carroll $5 million in damages. Also this week, the controversial Republican Congressman George Santos is rung up on a bevy of fraud charges, and...

It’s not every day an international pop star plays guitar on the stand. But that’s precisely what happened just before a New York jury decided that Ed Sheeran’s 2014 ballad “Thinking Out Loud” did not infringe on Marvin Gaye’s iconic hit “Let’s Get it On.” This week on Pro Say, the hosts probe the latest in a series of copyright decisions that have kept the pop music scene on its toes. Also this week, Law 360 senior reporter Nathan Hale cuts through the politics and explains exactly what is...

If you were building a fictional legal dream team, who would you include? That's the question we try to answer on this week's episode, as the hosts draft a roster of fictional lawyers. The Pro Say gang looks to the world of television and film to build a legal dream team with five categories: general counsels and fixers; defense counsel; plaintiffs' attorneys and prosecutors; judges; and wild cards. Will first round picks include heroes like Atticus Finch or Elle Woods, an inspiration to...

No one loves participating in jury duty, but would you like it more if you found yourself empaneled with actor James Marsden? How about if after weeks of hearing a case you found out the entire endeavor was an elaborate hoax, where the case is fake, everyone around you is an actor, and you are the only one who didn’t know. That's the premise of Amazon Freevee's new comedy, “Jury Duty,” and on this week's Pro Say we sit down with three of the show's stars who are also real-life attorneys. Also...

Is honking your car horn to support a group of protesters a form of free speech, or is it a traffic violation? The Ninth Circuit decided it was the latter after a California woman who was ticketed for excessive honking sued on First Amendment grounds. Buckle your seatbelts as we talk through the appellate court’s ruling on this week’s Pro Say. Also this week, Tesla gets pulled into court by a proposed class of drivers who say they were surreptitiously recorded by their vehicles, and that...

By now you’ve certainly heard about the historic prosecution of Donald Trump, as the former president pleaded not guilty this week to a rash of charges stemming from an alleged hush money payment to adult film star Stormy Daniels in the run-up to the 2016 presidential election. Law360 New York courts reporter Frank Runyeon was in the room when Trump entered his plea and joins Pro Say to discuss that scene as well as his extensive reporting about criminal prosecutions in Manhattan court and...

Artificial intelligence has swept across the culture, animating everything from philosophy to linguistics to cooking, and the legal industry is no different. This week on Pro Say, the hosts dive deep into whether and how lawyers are grappling with how to deploy generative AI tools like ChatGPT into their work across a number of areas. Legal aid groups have been eager to use AI, often covering for small staffs and budgets to farm legal services out to those that can’t afford them through...

The litigation finance industry has boomed over the past several years, with investors looking to bankroll contentious cases in the hopes of securing a big payday. But what happens when the financiers begin to take a heavy hand on case strategy? That question is at the center of a new suit against litigation funding behemoth Burford Capital, which has been accused of blocking a client from accepting “reasonable” settlement offers. Joining Pro Say this week is Law360’s Hannah Albarazi who will...

Last week’s collapse of Silicon Valley Bank has jolted the economy, forcing the government to step in and attempt to restore order after the largest bank failure since the 2008 financial crisis. Now, politicians, regulators and SVB customers hope to stave off another banking calamity. Joining Pro Say this week is Law360’s senior banking reporter, Jon Hill, to explain how and why SVB failed, and what its implosion means for tech, finance and the economy at large. Also this week, a California...

A years-long push to update the District of Columbia’s century-old criminal code landed with a thud this week as the U.S. Senate resoundingly defeated a suite of proposed amendments that would have reset sentencing guidelines and lowered penalties for certain crimes. On this week’s episode of Pro Say we welcome Law360 reporter Katie Buehler to explain how we got here, and what comes next in the heated debate over crime in the nation’s capital that has underscored the district’s unique hurdles...

It’s been hard to look away from the fascinating, bizarre and tragic trial of disgraced South Carolina attorney Alex Murdaugh, who was convicted this week of murdering his wife and son. This week, Pro Say is joined by Law360 senior trials reporter Cara Salvatore, who has been covering every twist and turn. Salvatore walks us through the big revelations that shaped the trial and led to the jury’s decision. Also this week, the International Trade Commission is weighing a potential import ban on...

The already heated debate over biometric data collection saw a jolt last week as the Illinois Supreme Court ruled that privacy claims pile up with each unlawful logging of employee data, potentially putting employers on the hook for astronomical damages. Joining Pro Say this week is Chicago court reporter Celeste Bott to break down the Prairie State’s high court ruling and what it could mean for workplace tracking disputes. Also this week, two plaintiffs’ firms trade blows over a Facebook...

The weeks since the disastrous derailment of a Norfolk Southern freight train carrying toxic chemicals have seen a flurry of lawsuits from residents and business owners in and around East Palestine, Ohio. On this week’s Pro Say, we’re joined by Ohio courts reporter Eric Heisig, who breaks down the legal blowback as well as what’s likely to come as we learn more about what exactly went awry and what it means for the region. Also on the show, we dig into Alec Baldwin’s efforts to get a special...

The sensation of being RickRolled is unmistakable, thanks in no small part to the distinct timbre of the voice Rick Astley on full display in his 1987 smash Never Gonna Give You Up. But now, Astley is locked in a battle with rapper Yung Gravy, who mimicked the singer’s voice in a way that Astley says violates his publicity rights. On this week’s Pro Say, the hosts break down Astley’s legal gambit and explain why the suit may face an uphill climb. Also on this week’s show, French fashion house...

This week the Third Circuit said Johnson & Johnson can’t use the “Texas two-step” to create a talc unit to spin off billions of dollars in liability and then immediately file for bankruptcy protection. The controversial maneuver has faced scrutiny in other suits as well, and this week we’re joined by Law360 senior bankruptcy reporter Vince Sullivan to talk about what the ruling means for J&J and beyond. Also on this week’s show, we discuss a federal grand juries indicting Tom Girardi...

An ugly turf war is playing out at some of New York City’s most hallowed venues, with Madison Square Garden as the epicenter of the dispute. The storied arena’s owner, James Dolan, has barred attorneys litigating against his various business interests from entering the Garden, enforcing the policy with cutting edge facial recognition technology and inviting a flood of litigation from the aggrieved lawyers. On this week’s Pro Say, we’re joined by attorneys Benjamin Noren and Joe Polito of...

This month the Securities and Exchange Commission sued law firm Covington & Burling claiming it needed a list of clients that were impacted by a 2020 cybersecurity breach attributed to Chinese spies. The feds say they need the list to determine whether any securities laws were broken following the hack, but Covington is fighting back, arguing the disclosure would run afoul of attorney client privilege. On this week’s episode of Pro Say, Law360 cybersecurity reporter Ben Kochman joins us...