Good Law | Bad Law

Should mega-internet and social media companies like Facebook and Amazon be broken apart because they are just too big?  Is it time to invoke the antitrust laws once again?   Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Dr. Aaron Kershenbaum, a former professor of electrical engineering and computer sciences at Brooklyn Polytechnic and an expert in digital communications, to discuss the AT&T antitrust lawsuit, and subsequent breakup, 35 years later as well as what may happen to today’s major communications and internet companies.   Having been one of the government’s key witnesses in the case against the tech giant, Dr. Kershenbaum explains his role in the influential AT&T lawsuit and his own experience in the world of communications. Aaron and Dr. Kershenbaum tackle some of today’s questions surrounding privacy, influence, regulation, and more in regards to some of the industry’s biggest names like Facebook, Amazon, and Instagra

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Robert Field, a professor of health management and policy at the Dornsife School of Public Health as well as a law professor at Drexel University, to discuss drug pricing and drug pricing transparency.     Approximately 20 to 30 million people don’t have health insurance. Robert and Aaron sit down to talk about the complex system of bargaining that happens in our health care system, the staggering prices that drug companies charge for certain treatments, and the middle men who haggle co-pays to a “reasonable” amount compared to the original sticker-shock prices. Dr. Field explains how these companies control monopolies over assorted life-saving drugs because they’re under patents. Are there limits to how much drug companies can charge? What is the reach of authority over drug pricing?   Aaron and Robert delve into the world of health care and tackle a variety of topics. They consider the impor

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Emily Largent, a professor of medical ethics and health policy at the Perelman School of Medicine at Penn as well as a law professor at Penn Law, to discuss the issue of aid in dying – also known as, physician-assisted suicide.   New Jersey and Maine are set to become the 8th and 9th states with laws allowing physician-assisted suicide, subject to rigid rules and regulations.  With this development, 70 million Americans will live in states where access to life-ending medication is available where a person has a confirmed terminal illness.  Aaron and Dr. Largent discuss the legal and ethical issues raised by these laws.  Dr. Largent explains that a patient might want to choose physician-assisted suicide in order to have the ability to make their own end-of-life decisions.  Is it ethical to allow aided suicide to allow dignity in end-of-life care or is this a troubling development because doctors

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Tracy Pearl, a law professor at Texas Tech University and a nationally recognized scholar on emerging technology and the law, to discuss the notion of driverless cars.   Delving into Professor Pearl’s recent article on the topic, “Hands off the Wheel: The Role of Law in the Coming Extinction of Human-Driven Vehicles,” Aaron and Tracy discuss the issue of self-driving cars and what that really means. What do we mean when we say “driverless”? Are we giving up too much control? Tracy explains the different levels of autonomy a driverless car can be, ranging from 1-5, and gives her professional opinion about when and how we might see these vehicles on the road.    Throughout the episode, Tracy and Aaron explore some of the benefits of autonomous cars, like how they will arguably save time, money and lives, as well as some of the potential negatives and large questions that still remain. How do we

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Tracie Johnson, a recent Temple Law School grad and an Equal Justice Works Fellow, to discuss post-prison placement as well as her focus on helping young women of color in Philadelphia.     Tracie works at Community Legal Services in the Employment Unit to help create career pathways for women and girls of color who face barriers in their lives because of past interactions with the criminal justice system. Her fellowship, sponsored by the law firm, Greenberg Trauig, and Equal Justice Works, aims to help women who have been marginalized by our criminal justice system deal with the impacts their experiences may have had on their lives.   Through her work, Tracie represents and advocates for young women of color in Philadelphia who have criminal records to increase their access to meaningful employment, education and housing opportunities and to fight intergenerational poverty.  Tracie d

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Elizabeth Burch, a law professor at the University of Georgia, to discuss the federal court procedure, Multidistrict Litigation (MDL), and her new book on the subject, “Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation."   MDLs refer to a special legal process that coordinates large numbers of federal court cases, sometimes hundreds or even thousands of cases, involving the same product and combines them, in theory for coordination and efficiency.  In practice, however, there can be serious that can arise, especially from the perspective of the claimants.  In this episode, Aaron and Elizabeth talk about some of the benefits of MDLs but also some of the negatives that can occur as a result of the MDL structure.   How are claims being handled in MDLs? What are your rights as a plaintiff? Elizabeth and Aaron discuss what you need to know and the questions you might want to ask, esp

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Timothy Litzenburg, a partner at Kincheloe, Litzenburg and Pendleton, to discuss the recent Monsanto litigation and the influx of similar cases regarding chemical companies and consumers’ health. Timothy is an expert in the field of chemical exposure law, representing the plaintiff who was awarded the $289 million verdict (later reduced to $78 million by the presiding judge) in August of 2018 in Dewayne “Lee” Johnson v. Monsanto.   In today’s conversation, Aaron and Timothy talk about the historic verdict as well as the implications it has had, and continues to have.   Timothy explains that in the wake of Mr. Johnson’s victory he realized the need for a firm dedicated to other Monsanto victims; subsequently, he started Litzenburg Cancer Law. Timothy and Aaron talk about the evolution of Mr. Johnson’s case but also ask questions about what it means for future cases. How does the truth

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Corynne McSherry, the Legal Director for the Electronic Frontier Foundation (EFF), to discuss content moderation on big social media platforms such as Facebook, Twitter and YouTube.   Aaron and Corynne address the issues of digital rights, how private companies like Facebook can censor content without implicating the First Amendment, and how transparency is so important as social media platforms come under increasing scrutiny for the content policies and practices.  EFF, a prominent digital rights non-profit, has been integrally involved in these issues, focusing on impact litigation around such issues as intellectual property, open access, and digital rights, among others.  Corynne and Aaron discuss the big concerns surrounding content moderation – Who should decide what we see? What speech can be regulated? Is it censorship? How can speech be regulated?   As always, we do not edit the conten

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Carol Tracy, the Executive Director for the Women’s Law Project, to discuss one of today’s most polarizing issues - abortion.   One of the topics at the forefront of today’s politics, the abortion debate continues to intensify. Aaron and Carol talk about the most recent round of abortion bans in states like Alabama, Georgia and Missouri, as well as the history of abortion, the evolution of the law on abortion rights – discussing cases like Planned Parenthood v. Casey and Roe v. Wade, and ultimately what the future may look like.     Listen in as Aaron and Carol tackle the complexities surrounding the topic of abortion, discussing the implications of overturning Roe and examining the tough questions that surround this issue. Carol is a Temple Law graduate and has been a women’s rights advocate for more than 30 years.   You can find out more about Carol and the Women’s Law Project here. To re

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by cyber security expert, Jim Turner, to discuss cyber hacking. Delving deep into cyber security concerns that are affecting everyone, Jim and Aaron talk about things like malware and ransomware and how easy it is for criminal hackers to access your private information and all the information of clients and customers in a business’s computer network.   In today’s episode, Aaron and Jim talk about the many different ways our personal data is vulnerable to hackers, some of which are unfortunately expected but others are much less obvious. Jim explains how it’s not just big companies like Marriott that are at risk for cyber attacks but it’s everyone – including cities, hospitals, law firms, courts, and of course individuals. Jim warns of instances where hackers can access your information and the extreme ploys they will use to trick you into exposing your data.   Jim, president of Hilltop Consultant

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Andrew Friedman, a partner at Cohen Milstein and co-lead counsel in the Marriott data breach class-action suit, to discuss the Marriott case as well as other massive data breaches and the growing security concerns surrounding our personal information.   In today’s episode, Aaron and Andrew address the issues of hacking and all the ways in which our personal data, like passwords, credit card information, our social security numbers, etc., are vulnerable. Andrew explains how customers’ private information can be exposed, specifically in regards to big companies, discussing his involvement in the Marriott Hotel litigation as co-lead counsel – an instance where hundreds of millions of hotel guests’ personal data was hacked, exposing customers’ most sensitive information, such as passport details.   An interesting and incredibly important discussion, listen in as Aaron and Andrew talk about the dan

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by lawyer and author, Michael Bobelian, to discuss his new book, “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon and the Forging of the Modern Supreme Court.”   In today’s episode, Aaron and Michael delve into the fascinating story of the 1968 confirmation battle over Justice Fortas’ nomination to succeed Earl Warren as Chief Justice.  The fight over President Johnson’s pick was the first time in the Supreme Court’s modern history that the Senate politicized a Supreme Court nominee and eventually defeated that nominee, setting the terms of engagement for future struggles over the confirmations of Robert Bork and, most recently, Brett Kavanaugh. As Michael explains, these confirmation battles have far more to do with asserting control over the direction of the Supreme Court itself than with the qualifications of the nominee.   A fascinating and important conve

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Nebraska College of Law Professor Frans von der Dunk to discuss the ever-expanding field of Space Law.   50 years-ago, the Apollo 11 astronauts Neil Armstrong and Buzz Aldrin took “one small step for man and one giant leap for mankind” and changed the world forever when they became the first people to set foot on the surface of the moon. They are in an elite group of 12 astronauts who have had that privilege; those who have been to the moon to collect samples of moon rocks, study it’s gravity, and collect as much data as they could for us to study back on earth.   But, as with everything important, rules have to be established to prevent companies and countries from taking advantage of an open system and preserving the moon for future scientists and generations. This is what launched the creation of space law and why our guest Professor von der Dunk joins us today from his home in the Netherla

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by writer, lawyer and venture capitalist, Bruce Gibney, to address the issue of pervasive dysfunction in the legal system and his new book on this subject, “The Nonsense Factory: The Making and Breaking of the American Legal System.”   After a brief stint as a corporate lawyer, Bruce turned to investing in companies, following his successful and early involvement in PayPal.  As a client, he gained a different perspective on lawyering and the law.  From there, he turned his focus to the legal system overall, from the way lawyers are educated, to the ways judges and prosecutors and members of Congress, and the institutions they are part of, fail to deliver on the lofty goals for the law:  fairness, justice and equality.    Bruce attacks each of the major areas of our legal system with incisive criticism and also with wit, which makes the book a fun and informative read.  In conversation, Bruce brin

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Etan Mark of Mark, Migdal and Hayden, to discuss Herbalife and the ongoing litigation his firm is pursuing regarding the company as an alleged pyramid scheme.   A publicly traded, international corporation, Herbalife is considered a “Multi-Level Marketing” company; the heart of the business is in its branding and selling methods, as opposed to its products which include generic health and wellness items, such as shakes and vitamins. Just as the FCC has found fault with Herbalife and its business practices, Etan’s litigation is based on the notion of fraud and its inadequate disclosures. Herbalife denies the allegations in the class action lawsuit.   In today’s episode, Aaron and Etan discuss the various definitions of pyramid and ponzi schemes, as well as how these ideas are closely associated with the Herbalife brand. Etan’s firm specializes in complex commercial litigation, includin

80 cents?   That’s what women, on average, earn compared to men in comparable jobs.    Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Lucy Marsh, from the Sturm College of Law at the University of Denver, to discuss the gender pay gap.   Although women have made a lot of progress in narrowing the pay gap over the last several decades, the disparity in pay remains a real and costly problem.  For women of color, the pay gap is even greater.    Professor Marsh did her part, taking on the University of Denver in a lawsuit challenging the significant pay difference between male and female law professors.  She won her case, reaching a settlement that should address the historic under-compensating of female profs.  Beyond her own experience, Professor Marsh offers insight and encouragement to other women to step forward and speak out against pay inequality in the workplace.   Enjoy the episode and please tell us your thoughts.  How

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Dan McConkie to talk about the Jussie Smollett hate crime/hoax case.   As former state and federal prosecutor in California for eight years, Professor McConkie brings a keen insight to the story and the broad implications of this much-publicized and controversial case.  By now most of us are familiar with the Jussie Smollett incident; if not, you can find some background here.   Smollett, an actor on the Empire TV show on Fox and a singer, last January claimed he was the victim of a hate-inspired assault in downtown Chicago.  He set off a massive police investigation and inspired nationwide support, particularly because the two “assailants” supposedly hurled racial and homophobic insults while invoking President Trump’s “Make America Great Again” slogan.  Then the investigation shifted its focus to Smollett himself.  In March, he was charged with 16 felony counts related to making fa

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Nancy Kim, a la professor at California Western School of Law at San Diego and author of the new book, Consentability. Consent is something that we sometimes think of as straightforward, but is it actually? Is it really a matter of yes or no? Consent can be complex with many underlying factors and influences. While the issue of consent in sexual relationships has been much in the news, consent affects many different areas of our lives and can sometimes be challenging to navigate. What constitutes consent? What is “consentability?” In today’s episode, Aaron and Professor Kim address these questions and more, talking about the various “contours of consent” and how they apply to the law.   Nancy’s primary research focuses on contracts and technology, specifically the way in which technology has shaped and is shaped by the law. In her new book, Consentability: Consent and its Limits, Professor Kim

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Rutgers Law School Professor and retired Judge, Victoria Pratt to discuss Procedural Justice.   Everyone has a unique story; an individual’s background shapes and molds who they are along the way and eventually, who they become. So, why do we ignore those backgrounds and life paths when it comes to sentencing for crimes? In a fascinating conversation, Aaron and Judge Pratt ask this question and address the importance of compassion and understanding in life and in the courtroom, and moreover, how those two concepts are interconnected.   Fairness and respect are two words that sum up Judge Pratt’s idea for America’s justice system. Retired Judge and Rutgers University Law Professor Victoria Pratt joins Aaron today to talk about her idea of Procedural Justice, a concept that would start treating people who have committed a crime as a person rather than a prisoner.   Please enjoy this fantastic

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Adam Zucker to discuss Title IX and the removal of the Obama era “Dear Colleague” letter.   The US constitution guarantees a few things to all citizens, the right to a trial, the right to an attorney, and the notion that all people are innocent until proven guilty. Those rights help ensure all people are treated fairly and get their fair chance. The problem is, this only applies to the criminal justice system; in the world of colleges and universities, students aren’t guaranteed these rights.   Adam Zucker believes students that have been accused of sexual assault or other crimes aren’t getting a fair shake. Adam and Aaron discuss due process and what that means as far as academia. Throughout the episode, Adam explains how students can be kicked off campus, removed from classes and expelled from school, even if they’ve been found not to have committed any crimes.   The Trump administratio