Episodes

  • Tired of Partisan Noise? How NJ's High Court Finds Consensus

    Tired of Partisan Noise? How NJ's High Court Finds Consensus
    Oct 31 2024
    At the New Jersey state supreme court, all of the justices seem to get along–even though they maintain a 4-3 partisan split in their ranks. The unique system, based on an unwritten rule that the governor will select justices and maintain a 4-3 balance politically, leads to an extraordinary amount of agreement among the justices. And attorneys like it, too. On this episode of our podcast, On The Merits, senior correspondent Alex Ebert talks about how the New Jersey Supreme Court maintains its system when so many state supreme courts have become partisan battlegrounds, and how attorneys prepare to argue in this unusual environment. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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    17 mins
  • A Professor Says AI Can Help Solve Contract Disputes

    A Professor Says AI Can Help Solve Contract Disputes
    Oct 29 2024
    Fighting over the meaning of contracts is expensive and time-consuming. But a University of Pennsylvania professor sees the potential of generative artificial intelligence to give judges a tool to clarify a contract. Bloomberg Law senior correspondent Roy Strom spoke with professor David Hoffman, an expert on contracts law who co-wrote a paper on what he calls “generative interpretation.” It’s a pretty simple concept: using large language models to determine what a contract really means. On this episode of our podcast, On The Merits, Hoffman discusses how the untested method could save time and money. He talks about what it might take to convince lawyers and clients to let AI solve major contract disputes. And he dives into the impact that could have on the business of large law firms. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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    14 mins
  • Life After Chevron Is Starting to Come Into Focus

    Life After Chevron Is Starting to Come Into Focus
    Oct 22 2024
    It's been almost four months since the Supreme Court's landmark ruling decision in Loper Bright that overruled the oft-cited Chevron doctrine. And now we're starting to see what administrative law is going to look like with judges more empowered to pick apart federal agencies' justifications for their actions. However, there could also be another case on the Supreme Court's docket for this term that upends the field of administrative law once again, and this one involves an arcane principle called the nondelegation doctrine. To break all this down, Bloomberg Law reporters Robert Iafolla and Kimberly Strawbridge Robinson join our podcast, On The Merits, and explain the present and future of federal agency power in a post-Chevron world. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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    13 mins
  • Fortress Dominates Litigation Finance—With Money and Intensity

    Fortress Dominates Litigation Finance—With Money and Intensity
    Oct 17 2024
    Fortress Investment Group has powered its way to the top of the litigation funding industry. It has committed $6.6 billion to legal assets, and another $2.9 billion to intellectual property. But beyond the money, the secret to the firm's success may be its intensity and attention to detail. Bloomberg Law litigation finance reporter Emily Siegel sat down for almost three hours with two Fortress executives: Jack Neumark, managing partner and co-CIO, and Eran Zur, head of intellectual property. They discussed the firm's litigation finance activities in depth for the first time. Siegel also sifted through UCC filings to uncover where some of that money goes. On this episode of our podcast, On The Merits, Siegel details what she learned about this secretive company, who they work with, and how Zur's article nearly ten years ago about patent trolls keeps coming back to haunt him. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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    15 mins
  • Despite Disney, 'Infinite Arbitration' Not Going Away

    Despite Disney, 'Infinite Arbitration' Not Going Away
    Oct 15 2024
    Disney recently backtracked on its attempts to force arbitration on a widower who who filed a wrongful death lawsuit but, it said, had agreed to not take the company to court when he signed up for a free trial of its streaming service. This about-face, which followed a wave of bad publicity for Disney, may be the exception, not the rule, according to a law professor who specializes in arbitration. David Horton calls these agreements "infinite arbitration" clauses because they force consumers to arbitrate all claims against a company—even claims that have no connection to the original agreement. And the University of California, Davis, professor says infinite arbitration claims are everywhere now, especially tucked into the online terms-of-service agreements that consumers rarely, actually read. On this episode of our podcast, On The Merits, Horton talks about how the Supreme Court opened the door for these types of broad arbitration clauses, and why he thinks the issue could be heading back there in the future. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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    18 mins
  • Democrats Need More Than Money to Win in November

    Democrats Need More Than Money to Win in November
    Oct 8 2024
    Vice President Kamala Harris enjoyed a huge cash infusion to her campaign shortly after it launched this summer, and one of the groups behind this influx were attorneys donating to the Democratic candidate. Attorneys gave more than $8 million to the Harris campaign in just the first 10 days of its existence, according to data analyzed by Bloomberg Law reporters Tatyana Monnay and K. Sophie Will. This is the latest example of the legal profession moving more toward the Democratic column with every passing election cycle. However, despite this fundraising advantage, the Democrats are still waging an uphill fight for control of the House and the Senate in this year's congressional elections. On this episode of our podcast, On The Merits, Bloomberg Government's Greg Giroux explains why an unfavorable Senate map for Democrats may be more than robust fundraising can overcome. Also, Monnay talks about why lawyers are fans of the vice president and why attorneys who back former President Donald Trump are staying low-key. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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    15 mins
  • Kirkland Leaps Skadden as Big Law's Top Dealmaker Amid Cautiously Optimistic M&A Rally

    Kirkland Leaps Skadden as Big Law's Top Dealmaker Amid Cautiously Optimistic M&A Rally
    Oct 3 2024
    Deals activity is picking up, according to the third quarter data from Bloomberg Law's League Tables. But the looming election and more potential rate cuts from the Fed means there's uncertainty over what comes next. On this episode of our podcast, On The Merits, Bloomberg Law reporter Mahira Dayal digs into the data and talks about which firms are on top and which ones have slipped. She also talks about what impact the election could have on next quarter's report. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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    11 mins
  • Justice Alito's Recusals Shine Spotlight on His Stocks

    Justice Alito's Recusals Shine Spotlight on His Stocks
    Oct 1 2024
    Supreme Court Justice Samuel Alito has recused himself far more often than his eight other colleagues in recent years, and that's because, unlike his colleagues, he holds a significant amount of stock in public companies. But what's more notable are the times Alito failed to recuse himself even though he had a conflict of interest. On this episode of our podcast, On The Merits, Bloomberg News reporter Emily Birnbaum talks about why, even with a new code of ethics, there are still few, if any, consequences to mistakes like these at the Supreme Court. She also talks about what she found combing through Alito's most recent financial disclosure documents. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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    17 mins