Episodes

  • 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
  • Why EV Road Trips Can Still Trigger 'Range Anxiety'

    Why EV Road Trips Can Still Trigger 'Range Anxiety'
    Sep 25 2024
    Electric vehicles are far from a new phenomenon, but the sparseness of public, non-Tesla charging stations along the highway can still make taking a road trip in other types of EVs somewhat harrowing. Bloomberg Government reporters Kellie Lunney and Lillianna Byington discovered this first hand when they went on a road trip to test out the country's federally funded EV infrastructure and almost got stranded on the side of the road. On this episode of our podcast, On The Merits, Kellie and Lillianna join us to talk about the federal program meant to boost that infrastructure and why its rollout has been slow. They also talk about the impact this is having on EV drivers and the EV market as a whole. 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
  • How Law Firms Are Keeping DEI Opponents at Bay

    How Law Firms Are Keeping DEI Opponents at Bay
    Sep 20 2024
    This summer, Bloomberg Law released its fourth DEI Framework, recognizing 57 US-based law firms that meet or exceed standards for diversity, equity, and inclusion. But, in the wake of the Supreme Court's 2023 ruling that ended race-conscious admission programs at colleges and universities, how are these firms managing their initiatives without facing complaints from DEI opponents like conservative activist Edward Blum? Last year, Blum, along with his team, the American Alliance for Equal Rights, successfully challenged firms and their DEI hiring practices. Are these firms leaving the door open to more litigation? In today's episode of our podcast On The Merits, we talk with Bloomberg Law's Molly Huie, lead data analysis and survey reporter about the DEI Framework findings, as well as Bloomberg Law's DEI reporter, Tatyana Monnay, about how law offices continue to promote DEI in spite of the backlash. 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
  • Aspiring Environmental Lawyers Warming Up to Big Law

    Aspiring Environmental Lawyers Warming Up to Big Law
    Sep 10 2024
    In the past, environmental lawyers had a reputation as being extremely overworked and underpaid, but now things are looking up for attorneys working on green issues. The Inflation Reduction Act included numerous complicated tax breaks and other incentives for clean energy, all of which need to be parsed by skilled attorneys. Additionally, with the demise of Chevron deference, nearly every environmental rule and regulation is now under a more intense judicial microscope. All of this means environmental lawyers are in higher demand, even within Big Law, and today we hear from an aspiring lawyer on our podcast, On The Merits. Emily Dwight, a second-year student at Vermont Law and Graduate School, talks with Bloomberg Law reporter Jennifer Hijazi about how the career path for environmental law has changed and why she's setting her sights not on nonprofit advocacy groups but on Big Law. 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