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 for allegedly stealing millions from his clients; the Second Circuit reining in the power of Manhattan federal judge Jed Rakoff to use discretion in voir dire; and we weigh in on some new social “laws” to live by.

Ep. 283: Using Bankruptcy To Duck Mass Torts Just Got Harder

Pro Say is a weekly podcast from Law360, bringing you a quick recap of both the biggest stories and the hidden gems from the world of law. Each episode, hosts Amber McKinney, Alex Lawson and Hailey Konnath are joined by expert guests to bring you inside the newsroom and break down the stories that had us talking.

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On our last Pro Say episode of 2023, we're also sad to report that it is the final episode of the show. Join the hosts as we take a walk down memory lane to remember our best pop culture moments, biggest news stories, and most memorable guests from the podcast. We’re joined by a special guest and original Pro Say co-host, Bill Donahue, to help us reflect on the happy memories we have from this wonderful, engrossing experience.

Ep. 329: The Pro Say Podcast Says Goodbye

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.

Ep. 328: Google’s Antitrust Woes Linger With An Epic Defeat

As Purdue Pharma looks to exit bankruptcy, a key part of its proposed reorganization plan has made its way to the Supreme Court: a deal by which the Sackler family pays $6 billion in exchange for a shield from future opioid crisis claims. Joining Pro Say this week is Law360 senior bankruptcy reporter Vince Sullivan, who walks us through these controversial releases and how they’ve been received by the justices. Also this week, Florida Gov. Ron DeSantis’ legal feud with Disney trudges on with a new oversight report, and former North Carolina public defender prepares for trial in a case targeting the federal judiciary’s handling of her sexual harassment complaint, with only her husband remaining as co-counsel. Finally, whether it was an innocent random prank or a targeted attack, the Ohio Supreme Court suspends an attorney for flinging a Pringles can of his own feces into a parking lot.

Ep. 327: Justices Consider The Reach Of Mass Tort Immunity

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.

Ep. 326: DOJ Keeps Losing Antitrust Labor Cases. Why?

The Pro Say crew convenes to give thanks for all the unusual legal news that made us laugh this year. Join us for our annual tradition of revisiting the best of our offbeat segments, including a look at a woman who tried to get paid a reward from Lady Gaga despite involvement in dognapping the pop star’s pooches; police who sued Afroman for using an ill-fated raid as fodder for new music and merch; and the latest on Cocaine Bear, the wedding officiant.

Ep. 283: Using Bankruptcy To Duck Mass Torts Just Got Harder

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