On The Merits brings you the biggest stories of the week from Bloomberg Law and Bloomberg Government, coupled with smart interviews and analysis on a variety of legal and government topics. You’ll hear voices and perspectives from across the industry, including reporters, editors, attorneys, legal scholars, and government officials. Host: David Schultz.
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© 2023 Bloomberg Industry Group, Inc. All Rights Reserved
On The Merits
59 Subscribers
Reviews
Here4youguys
2 out of 5 stars
So Broad As To Be Useless
This covers such a wide range of topics perhaps 1/7 episodes is of interest to a practitioner. I wish they did more industry specific podcasts like one for mass tort, one for securities litigation, etc.
SaraClaireSharp
3 out of 5 stars
Seems good!
Seems like a decent podcast but I couldn’t focus because the audio was so terrible
Podcast information
- Amount of episodes
- 139
- Subscribers
- 59
- Verified
- No
- Website
- Explicit content
- No
- Episode type
- episodic
- Podcast link
- https://podvine.com/link/..
- Last upload date
- May 16, 2023
- Last fetch date
- May 28, 2023 6:20 AM
- Upload range
- MONTHLY
- Author
- Bloomberg Industry Group
- Copyright
- © 2023 Bloomberg Industry Group, Inc. All Rights Reserved
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- Facial Recognition Tech: Are Total Bans the Best Move?New York City may be the next city to enact a total ban on facial recognition technology. The technology, which uses surveillance cameras to identify people in public, has been garnering headlines for years, but there are few regulations on how it can be used. Some cities have taken action by enacting partial bans or moratoriums. One city, Portland, Oregon, has a total ban. A bill introduced in the the New York City Council would make it illegal for private businesses to use face scans to identify customers. This move comes after venues controlled by James Dolan's company, including Madison Square Garden, Radio City Music Hall, and the Beacon Theater, denied entrance to ticket buying patrons who happened to be lawyers who worked at law firms involved in litigation against Dolan's company. Is an all-out ban the best response to this technology? Are there less restrictive rules that could allow uses that benefit society, or is this technology such a threat to privacy and civil liberties that bans are the best option? On this special edition of our podcast On The Merits, we look at how to regulate this emerging technology. We hear from tech execs, a city administrator, a law professor, and a privacy advocate. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Writers Strike Over AI May Not Have A Happy EndingGenerative AI models like ChatGPT aren't sophisticated enough to write a Hollywood-level screenplay, at least not yet. But if and when that changes, Hollywood writers want to make sure they're prepared. The Writers Guild of America is on strike, and a big reason is they want to insert language into a new bargaining agreement that gives the union a say in when and how algorithms can be used. Bloomberg Law labor reporter Ian Kullgren has been following the strike, and he joins our weekly news podcast, On The Merits, to explain how labor law factors into the negotiations. He also talks about why generative AI is a big issue for Hollywood writers today, and why it could become an even bigger issue for other trades as the technology advances. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- On The Merits May 2 · 20m Solutions to Border Problem Seem Further Off Than EverFor decades now, both parties in Washington have been unhappy with the status quo at the U.S.-Mexico border. But finding a congressional solution to our border problem has never seemed more out of reach. House Republicans are moving forward on a comprehensive immigration bill that few, if any, believe can pass the Democratic Senate, much less earn President Biden's signature. Meanwhile, despite Biden's campaign promises that he would start fresh, many Trump-era border policies are still in effect. Bloomberg Government reporter Ellen M. Gilmer just returned from a trip to the border where she witnessed multiple groups of migrants being apprehended. She joins On The Merits, our weekly news podcast, to talk about what she saw and whether there is any hope for improvement. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- The Ugly Fight Over A Federal Judge's RetirementThe chief judge of one of the 13 federal appeals courts has filed a formal complaint against one of her colleagues. Her beef? That her nonagenarian fellow judge is cognitively impaired and unfit to serve. How did we get here? That's the topic of the latest episode of our weekly news podcast, On The Merits. We discuss the near-unprecedented move to remove 95-year-old Federal Circuit Judge Pauline Newman from the bench. Bloomberg Law reporters Kelcee Griffis and Kaustuv Basu explain who Newman is, what the complaint about her says, and what this whole affair says about the practice of granting federal judges lifetime appointments. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- How Governments Profit From Selling Foreclosed HomesWhen Geraldine Tyler didn't pay her tax bill, her county sold her home and kept the profits—more than twice what she actually owed. Tyler, a Minnesotan who's now in her 90s, sued. Next week she'll be appearing before the U.S. Supreme Court. Numerous states have laws allowing tax authorities to take all of the value of a property when it forecloses. But Tyler is asking the Supreme Court to declare these laws unconstitutional. Bloomberg Law reporter Perry Cooper is covering the case. She joins our weekly news podcast, On The Merits, to talk about it. Perry says Tyler's argument that her property rights have been violated may appeal to the court's ruling conservative majority. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Dueling Rulings Show Abortion Law Is Murkier Than EverIt's now clear that the Supreme Court's ruling in Dobbs last year raised more questions than it answered. The latest example of this came late last Friday when a pair of opinions from federal judges threw the legality of a long-used abortion medication into doubt. A judge from Washington state ordered the FDA to maintain the status quo for the drug mifepristone. Another judge from Texas came to the opposite conclusion, ordering the FDA to take mifepristone off the market despite the drug having won approval more than 20 years ago. Bloomberg Law reporter Celine Castronuovo walks us through these developments and looks at what's coming in the fight over abortion—including another likely ruling from the Supreme Court—on the latest episode of our weekly podcast, On The Merits. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- US Losing Arms Race in GPS-Field It Once DominatedDuring the Cold War, the U.S. was the undisputed leader in a field of science called geodesy—the precise measurement of the shape and magnetic field of the Earth. The development of GPS sprung from this, along with many other useful technologies. But fast forward to today. Numerous countries have surpassed America in this field, with China in particular making extraordinary leaps. Scientists are now saying the US may have fallen so far behind in geodesy that catching up is nearly impossible. On this episode of On The Merits, our weekly news podcast, Bloomberg Government reporter Jack Fitzpatrick talks about the profound national security implications of this and why Washington's current anti-China mood may help reverse this trend. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Money Is Moving Too Fast for Banks. What's the Answer?It used to be that bank runs took weeks, or even months, to gain steam. Not anymore. Thanks to the speed of electronic financial transactions and near-instantaneous online communication, the financial panics that felled Silicon Valley Bank and Signature Bank earlier this month materialized in a matter of days. Is there a solution for preventing this? Bloomberg Law reporter Evan Weinberg looked into this question for a recent story. He joins our weekly legal news podcast, On The Merits, to explain why it's unlikely regulators will be able to stop flash bank runs anytime soon. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- On The Merits Mar 21 · 15m Crypto Winter Means Hard Work for Bankruptcy LawyersBankruptcy law is the ultimate countercyclical industry: business is booming when when things get bad. And things have almost never been worse in the crypto world, with even the most prominent coins down more than 40% in just the past year. Numerous crypto platforms—Voyager Digital, Celsius, BlockFi, and, most famously, FTX—have filed for Chapter 11. That means bankruptcy attorneys have a lot of work on their plates. Bloomberg Law spoke to more than half a dozen of the attorneys working on these cases to hear if managing a crypto bankruptcy is just another day at the office. They say nothing in their careers prepared them to unwind what were essentially quasi-banks dealing with some of the most volatile financial assets known to humankind. "I knew that they would present novel issues of law and technology," White & Case lawyer Greg Pesce, who's working on the Celsius bankruptcy, told us. "And that couldn't begin to describe what we confronted." On this special episode of our weekly podcast, On The Merits, we hear what it's like to be an attorney managing the downfall of the titans of crypto. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Not Just Britney: Guardianship System Rife With AbuseCourt supervised guardianships are meant to protect people who can no longer manage themselves and their assets. But a Bloomberg Law investigation found that people in guardianships can easily be taken advantage of, and that getting out of one is extraordinarily difficult. Reporters Ronnie Greene and Holly Barker just released a five-part series that looks at how guardianships can go wrong—from wealthy celebrities like Britney Spears to indigent senior citizens. They join our weekly podcast, On The Merits, to talk about how a lack of oversight creates conditions ripe for fraud and abuse. Holly discusses the particularly galling case of a New Mexico guardianship company that stole millions from its clients and whose CFO she spoke to from jail. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- WEEKEND LISTEN: Guardians’ Dark Side: Lax Rules Open the Vulnerable to AbuseBritney Spears’ conservatorship dispute brought the guardianship system to the public eye. It’s a system that entraps thousands more Americans without a platform to fight back. The industry is regulated loosely and ripe for exploitation of elderly and disabled people, Bloomberg Law found in a six-month investigation. Read the full 5-part series: https://www.bloomberglaw.com/bloomberglawnews/us-law-week/BNA%2000000186a58cdac2afe7e7ecdc9b00010 comments0
- Insurers Sue Their Own Clients to Dodge PFAS ClaimsSuing your own customers usually isn't a wise business strategy. But that's what some insurance companies are doing as litigation over PFAS continues to flood the courts. Many of the companies that are, themselves, facing lawsuits over allegedly exposing people to the so-called "forever chemicals," are saying their insurers should be footing the costs of defending these suits. However, not only are the insurers rejecting these claims, but they're taking their own clients to court in the hopes of getting a judge to rule that their policies don't cover PFAS litigation. Bloomberg Law's Daphne Zhang has been reporting on this, and she joins this episode of our weekly legal news podcast, On The Merits. Daphne explains what's a stake for insurers in these suits and why, in the very near future, it may be all but impossible to find an insurer willing to cover PFAS. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- McCarthy Looks to 'The Godfather' to Unite House GOPHouse Speaker Kevin McCarthy is keeping his friends close, and his caucus closer. At least, that appears to be the intent behind what the California Republican is calling his "Five Families" strategy—a not-so-subtle reference to the classic 1972 film "The Godfather." In the hopes of avoiding the infighting that preceded his raucous Speakership vote, McCarthy is giving five different ideological factions within the House Republican caucus a much larger say in the legislation that makes it to the chamber's floor. On this episode of our weekly podcast, On The Merits, Bloomberg Government's Emily Wilkins explains what McCarthy is doing and how his strategy represents a break with his predecessor, Rep. Nancy Pelosi (D-Calif.). Emily also talks about whether this power sharing agreement will make it more or less likely that Congress will breach the debt ceiling later this year. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Racist Lawyer Case Puts Fair Representation To the TestA Massachusetts inmate says he deserves a new trial because his lawyer was racist, and the justices on his state's highest court aren't sure what to make of this argument. That was the takeaway from last week's oral argument in the closely-watched appeal of Anthony Dew. Dew is a Black Muslim man who says the discovery of extremely racist Facebook posts from his court-appointed lawyer should invalidate his 2016 guilty plea. Bloomberg Law's Allie Reed is covering this first-of-its-kind trial. She joins our weekly legal news podcast, On The Merits, to talk about what it would mean if an attorney's personal animus toward their client could, by itself, create a conflict of interest. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- On The Merits Feb 7 · 12m With Antitrust Exemption, MLB Still Only Game in TownBack in the 1920s, the Supreme Court granted Major League Baseball an exemption from US antitrust rules. But since then, some members of the Court—including several current justices—have said they think they may have made a mistake. Now, the Department of Justice is joining the club. Last week, it asked an appellate court to apply this exemption as narrowly as possible in an amicus brief on behalf of several defunct minor league teams that are suing MLB. On today's episode of our weekly legal news podcast, On The Merits, we talk with Bloomberg Law reporter Mike Leonard about why this policy has persisted for a century if a growing number of those serving in the judicial or executive branches seem to dislike it. Mike also talks about how the Supreme Court seems eager to take on sports-related cases and whether this means MLB's exemption is down to its last strike. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Mass Tort Advertising Now an Industry Unto ItselfHave you seen the ads recruiting plaintiffs in the Camp Lejeune case? If you haven't, you've surely seen ones for mesothelioma, pesticides, talcum powder, or any number of big mass tort cases in recent years. The marketing used to find clients for these cases has become much more sophisticated, and the budgets used to identify potential clients have been growing exponentially. For the Camp Lejeune case, which involves decades of contaminated drinking water at a military installation in North Carolina, the spending could shatter records. Bloomberg Law reporter Roy Strom dug into how this type of legal marketing works and who benefits from it. He joins our weekly legal news podcast, On The Merits, to talk about how the mass tort bar finds its clients and why this makes some people uneasy. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Ohio Corruption Case Asks, Is It Bribery or Donation?A trial is currently underway against the former speaker of the Ohio House of Representatives over allegations he accepted millions in bribes. But he says the money was political speech protected by the First Amendment - and that he has Supreme Court cases to back him up. One case, 2010's Citizens United vs. FEC, reversed longstanding campaign finance restrictions as violating the First Amendment. Today, former Ohio speaker Larry Householder's trial is a test of how money works in politics in a post-Citizens United world. If Householder is ultimately acquitted, it may set a new precedent for just how far prosecutors must go to win a political corruption case. On this episode of our weekly legal news podcast, On The Merits, Bloomberg Law correspondent Alex Ebert explains how Householder got in this legal trouble in the first place and also why his novel defense is worrying some campaign finance watchdogs. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Investors' Timeline to Sue Grows in New Opioid RulingInvestors may have a lot more opportunity to sue their boards of directors for mismanagement after a ruling last month in a Delaware opioid case. The ruling from Delaware Chancery Court, the country's premiere venue for corporate law disputes, was in a case against drug wholesaler AmerisourceBergen that centered on allegations its reckless opioid selling damaged the company's stock price. The court found that investors can introduce evidence of mismanagement dating back years—a much longer time period than AmerisourceBergen had wanted. Bloomberg Law reporter Jennifer Kay wrote a story about the implication of this ruling on shareholder suits and on corporate accountability. She spoke about these topics to Washington & Lee University School of Law professor Carliss Chatman on our weekly legal news podcast, On The Merits. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- FDA Knows About Toxins in Baby Food But Can't Fix ItThe FDA has known for years that baby food can contain alarming amounts of toxic metals, including lead, arsenic, and cadmium. But why has it been slow to act? A team of Bloomberg Law reporters set out to answer this question, and to see how bad the baby food problem really is. For their project, Bloomberg Law independently tested more than two dozen products for contaminants. Two of those reporters, Gary Harki and Celine Castronuovo, join our weekly podcast, On The Merits, to talk about why they launched this investigation and answer why regulators may be behind the curve on this issue. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Affirmative Action's Unlikely Path to Surviving SCOTUSOn Oct. 31, 2022, the Supreme Court heard arguments that Harvard's and the University of North Carolina's use of race in admissions goes too far. Given the current ideological makeup of the Supreme Court, it's almost certain the justices will overturn more than 40 years of precedent and declare affirmative action in higher education unconstitutional. But, as Bloomberg Law's Matthew Schwartz explains, there is a remote-but-not-impossible chance that the court may issue a surprise ruling upholding affirmative action but further limiting how it can be used. In this episode of our weekly legal news podcast, On The Merits, Matthew joins us to speculate on the court's ruling in this potentially landmark case and to talk about his recent four-part podcast series on affirmative action. Matthew also talks about the anti-affirmative action activist driving this case and what is behind his motivations. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- On The Merits Dec 20 · 15m GOP AGs Target Judges to Thwart Biden AdministrationForum shopping is the art of selecting a specific court in which to file a suit, and lawyers have been doing it since time immemorial. But a Bloomberg Law data analysis shows that the practice has changed in recent years. Republican Attorneys General who are suing the Biden administration have gravitated toward a handful of small, rural courthouses run by Trump-appointed judges. And those judges have been keen to issue nationwide injunctions halting administration policies. Bloomberg Law reporters Lydia Wheeler and Madison Alder join our weekly podcast, On The Merits, to discuss their findings, explain who these judges are, and what this means for the future of administrative law. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Despite Defections, Law School Rankings Alive and WellNews of the demise of law school rankings has been greatly exaggerated, according to the guests on our weekly legal news podcast, On The Merits. You could be forgiven for thinking otherwise. Around a dozen of the top law schools in the country have said they'll no longer provide data to US News & World Report for its annual rankings. The schools say the rankings over-emphasize metrics that benefit already privileged and wealthy applications, and give short shrift to lawyers interested in public service or who need financial aid. However, Bloomberg Law's Vivia Chen and Kaustuv Basu say that even without these schools' participation, the rankings will likely continue on with no interruption. And, they say, the move to boycott the rankings will likely not improve legal industry diversity in the way the schools hope. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Amid Stonewalling, Whistleblower Tips to SEC Dry UpAfter the Bernie Madoff scandal, the SEC created a whistleblower program that encouraged people to provide information by promising them a cut of the recovered funds. At first, the agency was inundated with tips. But now, the number of people reporting financial fraud is dwindling. The guests on this week's episode of our weekly podcast, On The Merits, say they know why. One problem: it's unclear how or why the SEC pays rewards to some whistleblowers but not others. And, even if you're entitled to a reward, it can take years of waiting for the agency to pay out. Bloomberg Law's John Holland speaks with whistleblower Janice Shell and whistleblower attorney Bill Singer about the problems with this program and how they can be fixed. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Elections Now Happen in Both Ballot Boxes and CourtsElections are typically decided at the ballot box. But in the past few years, the judicial system has been getting more and more involved. Spending on election-related litigation has ballooned during this time, according to George Washington University law professor Spencer Overton. This is one of many indications that political fights aren't ending when the results are announced but are instead migrating to courthouses across the country, he says. Overton joins our weekly legal news podcast, On The Merits, to talk about why this trend is happening and to run down the most significant election law cases that were filed after this month's midterm contests. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
- Why Big Law Layoffs Aren't a Return to the Dark DaysIf you're an attorney who lived through the dark days of the Great Recession, you could be forgiven for having flashbacks after reading a recent story by Bloomberg Law's Roy Strom and Meghan Tribe. They reported that several heavy hitters in Big Law, including Cooley LLP and Kirkland & Ellis, have laid off attorneys in recent months. Other firms are expected to follow suit next year. But they also spoke to several industry watchers who say this isn't Great Recession 2.0. For one, global economic conditions aren't as bad—at least not yet. And demand for legal services is still robust, even if not at the frenzied levels it was earlier this year and last year. Tribe joins our weekly legal news podcast, On The Merits, to talk about why firms are following a mega-profitable 2021 with layoffs in 2022. We also hear from Bloomberg Law video producer Macarena Carrizosa about one of the main drivers of legal industry volatility—the billable hour—and whether moving to a new compensation system is advisable or even possible. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.0 comments0
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