UnCommon Law by Bloomberg Industry Group

03.27.2024

2. AI Trained on Famous Authors’ Copyrighted Work. They Want Revenge – Part 2

Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI...

03.27.2024

1. AI Trained on Famous Authors’ Copyrighted Work. They Want Revenge – Part 1

Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI...

10.19.2023

Can a Haunted House Go Too Far? 'Carrie' Scare Leads to Lawsuit

When Scott Griffin visited the Haunted Trail, he expected to be scared. But he did not expect what happened after he thought the scare was over. This special Halloween episode of UnCommon Law tells the true story of a man terrorized...

08.03.2023

5. If Lina Khan's FTC Bans Noncompete Clauses, What Happens Next?

In the conclusion of UnCommon Law's season-long exploration of noncompete agreements, we look at the Federal Trade Commission's authority to ban the clauses nationwide. We’ve reviewed how the ban would work and explored the policy arguments for and against it. Now...

07.01.2023

SPECIAL REPORT: The End of Affirmative Action in College Admissions

The Supreme Court has effectively ended the use of race as a factor in college admissions. In a 6-3 ruling, along ideological lines, the divided Supreme Court struck down the admissions programs of Harvard and the University of North Carolina,...

06.28.2023

4. The Case Against the FTC's Proposed Ban on Noncompetes

In its proposal to ban noncompete agreements nationwide, the Federal Trade Commission has touted the potential benefits to workers and the economy. But how would a ban impact business owners? This week on UnCommon Law, part four of our series...

06.21.2023

3. Did California's Noncompete Ban Fuel Silicon Valley Innovation?

California is one of just three states where noncompete agreements are almost completely banned. California is also the home of Silicon Valley, the global hub of technological innovation. Is that just a coincidence? Or would Silicon Valley be as successful...

06.07.2023

2. A Hair Stylist and Salon's Legal Battle: A Noncompete Case Study

This week on Uncommon Law: the second episode in our podcast series about the Federal Trade Commission’s proposed nationwide ban on noncompete agreements. We’ll look at one Minnesota hair salon and see how noncompete agreements often play out in the real...

05.31.2023

1. 'She Can't Own Me': Inside the FTC's Proposed Ban on Noncompetes

This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals of the last half century: a near-total nationwide ban on noncompete clauses. We’ll examine arguments for the ban, and talk to workers who’ve had...

05.24.2023

Why Does the FTC Want to Banish Noncompetes? [Trailer]

This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals in modern history: a nationwide ban on noncompete clauses. Coming May 31st. Learn more about your ad choices. Visit megaphone.fm/adchoices

12.22.2022

4. Affirmative Action's Diversity Dilemma Spells Its Doom

It’s been almost 20 years since Justice Sandra Day O’Connor, intentionally or not, set an affirmative action countdown in motion. On Oct. 31, the Supreme Court heard arguments that Harvard and the University of North Carolina go too far in...

12.15.2022

3. Meet Affirmative Action's Biggest Foe, Edward Blum

For decades, over multiple decisions, the Supreme Court has been clear: The U.S. Constitution allows colleges to take race into account when they craft their incoming classes. And yet race-conscious admissions policies continue to face attacks. Today, on part three of...

11.15.2022

2. Diversity on Trial: Affirmative Action's Michigan Test

In 1978, the Supreme Court allowed colleges to take race into account when crafting their incoming classes. Throughout the '80s and '90s, that’s what many schools did: To get a diverse incoming class, universities used race as one factor among...

10.25.2022

1. Affirmative Action Faces Toughest Test in a Generation

For more than 50 years, colleges and universities around the country have taken race into account as they craft their incoming classes. But now a pair of lawsuits could change the face of higher education in this country. It’s the...

10.17.2022

Affirmative Action Is Back at the Supreme Court [Trailer]

A pair of lawsuits has made its way to the Supreme Court — and just who gets into which college could change dramatically. This season on UnCommon Law, we’ll explore the arguments — and the people — driving this latest...

09.21.2022

Big Law Gender Gap: Re-imagining the Legal Workforce [Bonus Episode]

Law firms have a gender equity problem. Data has shown that women struggle to reach the upper levels of the profession, and that those who do had to work harder than their male counterparts. For example, two thirds of female...

06.24.2022

Why the Supreme Court's Gun Decision Matters So Much [Bonus Episode]

In a landmark 2nd Amendment decision on Thursday, the Supreme Court struck down New York's gun licensing law. It's a decision that transforms where and when a gun can be carried. And, for the first time, the Court recognized a...

04.19.2022

2. Beyond NIL: Will College Sports Become a Free Market?

The new era of name, image, and likeness in college sports has seen rapid change. For instance, initially athletes were signing deals directly with brands and companies. Now, so-called “NIL collectives” are amassing multi-million-dollar funds to attract star recruits. Critics...

04.07.2022

1. The NIL Era: Paying NCAA Athletes Is Changing Sports

College sports is closing out the first year of the name, image and likeness era for athletes. Since July 1 2021, athletes have been free to earn money from marketing deals on their NIL rights, including through endorsements, appearances, modeling, and...

12.29.2021

The End of an Era: Beveridge's Outgoing Chairman Ben Wilson on Leadership, Law and Life [Bonus Episode: Black Lawyers Speak]

On January 1, Ben Wilson will officially conclude his tenure as chairman of Beveridge & Diamond and retire from the firm. As first reported by Bloomberg Law, Wilson, affectionately regarded as the dean of Black partners at major law firms, announced...

12.02.2021

3. Why Can't We Have One Bar Exam for All Jurisdictions?

Some frustration with the bar exam comes not just because it’s a hard test. Differences in state licensing requirements can mean attorneys may have to take the bar exam multiple times. In the final episode of [Un]Common Law’s three-part look at...

11.17.2021

2. Could a Law School Diploma Substitute for the Bar Exam?

In the wake of the Covid-19 pandemic, five U.S. jurisdictions opted to suspend their July 2020 bar exams. Instead, these jurisdictions granted licensure to new attorneys through "diploma privilege.” That's the practice of admitting new attorneys to the state bar,...

11.10.2021

1. Is It Time to Kill the Bar Exam?

In all U.S. jurisdictions except Wisconsin, passing a bar exam is a requirement to obtain a license to practice law. However, the Covid-19 pandemic forced some state authorities to adopt alternative paths to licensure for recent law school graduates. In the...

10.05.2021

5. Whistleblower Says Facebook Knowingly Profits From Hate Speech [UnChecked: Bonus Episode]

Frances Haugen, the whistleblower whose revelations have prompted a congressional investigation into Facebook revealed herself publicly in an interview that aired on CBS on Sunday night. Haugen is the source of thousands of internal company documents that were leaked to...

07.29.2021

4. Regulating Social Media as a Threat to Humanity

Concerns over the harmful impact of social media are rising to a fever pitch. In the past decade, everyone from conspiracy theorists to foreign governments have used social media to spread election disinformation, sow discord, and peddle viral conspiracies. This month,...

07.19.2021

3. What Would Breaking Up Big Tech Change?

Cracking down on large tech companies may be one of the few remaining areas of political consensus in Washington D.C. However, many legal experts caution that antitrust cases could take years to complete and the outcomes are far from certain. Still...

06.28.2021

2. Social Media Bans Are Not About Free Speech

Permanently revoking users’ access to social media platforms— a practice known as “deplatforming “— isn’t a new concept, but the high-profile ban of President Donald Trump has raised new questions about censorship and free speech in the internet age. For years...

06.21.2021

1. Would Scrapping Section 230 Break the Internet?

In the months since the January 6 attack on the Capitol, one thing people on both sides of the political aisle seem to agree on, is that social media bears at least some responsibility for spreading the lies that led...

06.03.2021

Introducing: UnChecked

For our next season of [Un]Common Law, we’re wading into the thorny debate over Big Tech and social media. Companies like Facebook, Google, Amazon, Twitter are much bigger than they were 20 years ago, but is this a problem? Is Big...

06.01.2021

Eric Holder on Diversifying the Judiciary [Bonus Episode: Black Lawyers Speak]

Earlier this year [Un]Common Law published a podcast series looking at the experiences of African American lawyers and judges working in the legal industry—which, to this day, remains one of the least diverse professions in America. Now, more than a...

04.29.2021

15. If Qualified Immunity Is Bad Policy, Why Can't We Fix It?

In the wake of Derek Chauvin’s conviction in the murder of George Floyd, lawmakers in both parties said they were “cautiously optimistic” that the trial could provide new momentum to overcome the political hurdles that have stymied efforts at policing...

04.21.2021

14. Derek Chauvin Verdict: Legal Community Reactions

It took the jury less than 11 hours, to pronounce Derek Chauvin guilty on all three counts of murder in the second and third degree, as well as second-degree manslaughter. While there are many shoes yet to drop before this...

04.21.2021

13. Closing Arguments in the Derek Chauvin Murder Trial

With closing arguments completed on Monday, April 19, former police officer Derek Chauvin’s fate rests in the hands of a jury of his peers. Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter. Joining host Adam Allington to discuss closing...

04.16.2021

12. Could Chauvin Win an Appeal if Convicted?

Closing statements in the Derek Chauvin trial are set to begin on Monday. The former Minneapolis police officer is facing charges of second-degree murder, third-degree murder, and second-degree manslaughter. Many attorneys agree that Chauvin faces an uphill battle to avoid...

04.15.2021

11. The Defense Rests Its Case in the Derek Chauvin Trial

Defense attorney Eric Nelson has a big task to accomplish this week in the murder trial of former police officer Derek Chauvin as he set out to rewrite the narrative of George Floyd's final moments that prosecutors diligently laid out...

04.13.2021

10. George Floyd: Minnesota's Spark of Life Testimony Explained

The prosecution wrapped up it’s case in the murder trial of Derek Chauvin on Monday, April 12. Over the course of more than two weeks the jury heard extensive testimony about George Floyd's health problems and struggles with drug addiction. But...

04.09.2021

9. Derek Chauvin Trial: What You Need to Know

Former Minneapolis police officer Derek Chauvin's trial has been a two-week whirlwind of emotional witness testimony so far, including police department officials, bystanders, medical experts, and an overwhelming amount of video evidence.Opening statements from the prosecution used a viral video...

04.07.2021

8. Police Training and Use Of Force in the Derek Chauvin Trial

The chief of the Minneapolis Police Department testified this week that the tactic used by Derek Chauvin to restrain George Floyd, pressing his knee into his neck, did not follow police policy. “I absolutely agree that violates our policy,” testified Chief...

04.01.2021

7. Powerful Testimony From Opening Witnesses in Chauvin Murder Trial

Opening statements in the murder trial of Derek Chauvin, began this week. During his opening statement Monday, Eric Nelson, the attorney for the former Minneapolis police officer Derek Chauvin, indicated that a key part of the defense strategy would be to...

03.26.2021

6. How ‘Lived Experience’ Impacted Chauvin Jury Selection

The jury in the trial of former Minneapolis police officer Derek Chauvin is noteworthy for its diversity. About 13.5 percent of Hennepin County, Minnesota is African American and, of the 15 jurors (including the three alternates), nine are White, four...

03.24.2021

5. All Eyes On Minnesota As Police Reforms Go Into Effect

Jury selection in the Derek Chauvin case wrapped up Tuesday, March 23. Of the 15 jurors selected thus far, two are white men, three Black men, one Black woman, six are white women and two are multiracial women, according to the...

03.19.2021

4. ‘Defund the Police’ Efforts Pitting Cities Against States

In the aftermath of Floyd’s death, citizens across America took to the streets to demand police reform and accountability. Now almost a year later dozens of cities and states have changed policies, or enacted laws that restrict the use of...

03.17.2021

3. Why It's Difficult to Prosecute Chauvin Despite Video

Prosecutors seeking to criminally charge police officers face a number of obstacles. There is a high bar when it comes to proving intent, and police officers are generally granted leeway in what many consider to be a difficult job that...

03.12.2021

2. Who is Peter Cahill?: The Judge On The Chauvin Trial

The third-degree murder charge against Derek Chauvin have been reinstated. This is in addition to charges of second-degree murder and second-degree manslaughter. As of March 11, there was no appeal from defense, and jury selection is moving forward. But what...

03.08.2021

1. The Death of George Floyd: Police on Trial

The trial of former Minneapolis police officer Derek Chauvin, who is charged with second-degree unintentional felony murder and second-degree manslaughter in the death of George Floyd, begins this week with the task of finding 12 jurors who can set aside...

03.05.2021

Introducing: The Trial of Derek Chauvin

It isn’t hyperbole to say the murder trial of Derek Chauvin, the Minneapolis police officer accused killer of George Floyd is likely to be one of the most significant court cases in a generation. In fact, in the nine months since...

01.13.2021

Black Lawyers Speak, Ep. 5

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms, law...

01.06.2021

Black Lawyers Speak, Ep. 4

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms and...

12.23.2020

Black Lawyers Speak, Ep. 3

In the wake of last summer’s protests, more law firms in the AmLaw 200 are being more vocal about plans to increase their diversity. For decades, Big Law has been one of the least diverse industries in America, especially when...

12.16.2020

Black Lawyers Speak, Ep. 2

Despite the increased emphasis on diversity and inclusion in law firms, the legal profession remains among the least diverse of any profession today. According to the American Bar Association’s National Lawyer Population Survey, in 2007 just 4% of active attorneys...

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