Speaking of Justice

In this weeks episode of Speaking of Justice, Attorney Dree K. Collopy, author of AILA's Aslylum Primer, A practical Guide to US Asylum Law and Procedure, joins Mark Wahlstrom to discuss current events in immigration law, Asylum law practice and a summary of this definitive guide to Asylum Law Practice.

Few areas of law are in the news more than issues regarding Aslyum and immigaration and Dree has been a tireless advocate for the rights of those seeking asylum. This discussion on what is happening at the border, the break down in process and confusion in the current system will be of interest to anyone who is in the practice of immigration law, as well as citizens with friends and family seeking asylum.

You can learn more about Attorney Dree Collopy and her firm, which is located in Washington, DC by checking out her website at Benach Collopy, LLP. You can also go to the website for the American Immigration Lawyers Association to find out more about the book, how to purchase it and to get involved or educated on this unique area of immigration law.

The Mraz matter is an in depth look into how a major personal injury case victory can be inadvertently turned into a sour loss by the failure to use Qualified Settlement Funds and simple language in settlement or verdict instructions. Guest Patrick Hindert, VP of Business Development for Independent Life and the co-author of the settlement industry bible " Structured settlements and periodic payments judgments" joins host Mark Wahlstrom in what is a primer on how to avoid potential legal malpractice when attempting to preserve the planning options for personal injury victims.

The Mraz case refers to a case in the Court of Appeal, Second District, Division 3, California in a case A.M., a Minor, etc, et al., Plaintiff and Respondent, v Lieff Cabraser Heimann & Bernstein, LLP. The West Law reference is 2019 WL 2433188 and it looks at what was a massively successful verdict by the firm on behalf of a minor client, that inadvertently and through a lack of utilizing some of the available planning options for structured settlement planning, ended up in a dispute about the loss of rights to structure payments for the plaintiff.

This is an ESSENTIAL case for structured settlement professionals and trial lawyers to pay attention to in that it looks at why Qualified Settlement Funds and 468B trust are such a vital, but under utilized tool in litigation as well as the failure to simply include instructions or notations that preserve the right of parties to structure payments.

Judge Frederic Block joins host Mark Wahlstrom to discuss his new book, " Crimes and Punishment, entering the mind of a sentencing Judge. Judge Block is a senior Judge on the US District Court of Eastern NY with almost 25 years covering every type of trial. His new book looks at the essential issues facing the US judiciary as regards our nations changing perception on the impact of mandatory sentencing, excessive prosecutor over reach and the long term social impact of felony convictions and sentencing equity.

The book has been praised by both conservative and liberal commentators as a welcome examination of the daily frustrations, biases, struggles and conflicts judges face every day and why our society needs to examine how we set policy over punishment for crimes. A fantastic interview of a fascinating Judge and author on one of the key topics in the US today.

You may purchase "Crimes and Punishment" by going to the ABA book store and ordering a copy today.

In Season Two of Speaking of Justice host Mark Wahlstrom is joined by Nationally recognized author and Attorney Matthew P. Barach. Considered by many as “the fixer” in Massachusetts family law, Matt is an esteemed family law trial and appellate attorney as well as the Founder and Principal of Barach Law Group LLC, a boutique law firm dedicated to excellence in family law.

His recent book, “The Family Law Guide to Appellate Practice,” published by the American Bar Association, shares Matt's family law appellate expertise with other lawyers, helping them to navigate this highly specialized and complex area of law.

Ben Heineman is a legendary and trans-formative figure in the field of corporate law. He is also a published author and professor at both Yale and Harvard Law schools, an achievement in and of itself!

In this podcast, originally broadcast in 2016, he joins host Mark Wahlstrom to discuss his recently released book "The Inside Counsel Revolution: Resolve the Partner-Guardian Tension". In this book and interview Heineman discusses his experience in the corporate law field and what led to the writing of his latest book, as well as his decades at the right hand of first Jack Welch and then Jeffery Imalt at GE. The book provides real life insight and experience as to the pressures facing corporate counsel in all manner of cases. 

Given the subsequent troubles that GE has faced in the time since this interview was conducted and the book published, GE watchers, lawyers and management professors will appreciate the contrast as to the perception of GE from then and now.

Legendary Criminal Defense Attorney Gerald "Gerry" Schwartzbach joined Speaking of Justice the week March 2016 to discuss the release of his book, "Leaning on the Arc". 

Acknowledged as one of the great criminal defense attorney's of the last 50 years, Gerry Schwartzbach is probably most famous for his defense of actor Robert Blake and and civil rights activist Stephen Bingham, but his career is better defined by the hundreds of unknown defendants who he represented and kept from prison through his ardent defense of their rights and out standing trial skills.

 

A passionate defender of the rights of citizens to a competent defense and jury trial, this is a fascinating interview with one of the major criminal lawyers in the US. The book is still available on Amazon and we highly recommend it.

Originally broadcast in February of 2016, who could have imagined then what Hillary Clinton's use of a private email server would lead and how it possibly was a key component in a failed Presidential campaign and short circuited her bid for the Presidency.

At the time we did this interview we wondered if it was a case of confusion over what were cast by some as administrative violations

but subsequently turned into an examination of possible breaking of multiple laws when it came to handling classified documents.

Attorney Mark Zaid, one of the nations leading experts in the law surrounding the use of and handling of classified information joined Speaking of Justice to discuss the facts in this case as we knew them back in early 2016 and what he felt the law actually said regarding the classification of documents.

 

This discussion goes into the details of the law, the process and what usually happens in these matters. Separating the political statements, twisting of facts and idea, from the reality of what could actually happen is only made more fascinating by subsequent developments and the Russia interference narrative and Special Counsel investigation that followed.

Image credit of Hillary Clinton, photo by Jonathan Ernst/Reuters, published October 22, 2015.

Noted Immigration Attorney Kerry Bretz joined Speaking of Justice during January 2016 to take on the issue of whether or not the US Supreme Courts decision to review Obama's executive order on Immigration was sound and would be upheld.

Like many of our other audio interviews, this commentary provides interesting perspective on how DACA, Obama, executive orders and immigration were being perceived by the courts and commentators at that time. The subsequent campaign and election of Donald Trump and the court and political battles that continue today over DACA and national security.

Attorney Bretz is a frequent national commentator on immigration law, the on the ground impact for those seeking legal status and citizenship and the ruling he discussed in this podcast covered the important impact on a wide range of people.

One of the nations premier legal experts and administrator of Mass Torts, Kenneth Feinberg, joined Speaking of Justice in December 2015 to discuss his appointment at the time as the point man for VW of America in resolving their emissions scandal and the claims that are arising as a result. The subsequent revelations of VW misconduct and the huge settlement gives this discussion interesting historical perspective on how large mass torts are handled as well as the "crisis management" technique of engaging respected experts such as Ken Feinberg.

Ken Feinberg over the last two decades evolved into the "go to guy" on just about every major Mass Tort, ranging from his work on the 9/11 settlements, to the BP Oil Spill, the Sandusky claims, GM ignition litigation and others. His firm, Feinberg Law Offices is in constant demand when large scale solutions are needed for complex and tragic litigation. 

In this podcast host Mark Wahlstrom and Ken Feinberg discus not just the VW case, but the issues that arise when a special master, or "settlement czar" is appointed to expedite settlements outside of the typical mass tort or class action process. Does it provide a better result for claimants? Is it a material threat to the legal rights of injured parties? Are lawyers simply opposed because it cuts them out of the compensation model?

Mr. Feinberg is rarely interviewed so this is of interest to those who work in the mass tort legal world as well as corporations dealing with crisis management issues.

In what became one of the most high profile Court Martial cases in years, Bowe Bergdahl was determined by his commanding officer to have been sufficiently derelict in his duties and actions as to recommend a general court martial for the now infamous soldier who left his post in Afghanistan and then was captured by the Taliban. 

Attorney Stephen P. Karns of Dallas, TX, a form US Army Major and JAG Attorney joined Mark Wahlstrom back in December of 2015 to discuss the strange and at time legally confusing case of Bowe Bergdahl. Did his participation in the PBS podcast "Serial" go one step too far and force the hand of the Army to push for a harsher possible sentence? Was this a case where political pressure distorted the investigation process or was Bergdahl eventually given the sentence he deserved?

The "swap for Bergdahl" and subsequent Rose Garden ceremony, followed up by the knowledge that the five detainee's exchanged for Bergdahl re-entered the fight in various forms makes this conversation at the time of his sentencing very interesting.

Listen in to learn more about the military justice system from one of it's leading experts on this weeks edition of Speaking of Justice.