On The Merits

The presidential campaign of Ron DeSantis is floundering, if the polls are to be believed. But there's one area where the Republican Governor of Florida is crushing his rivals: donations from big law attorneys. Bloomberg Law reporter Justin Wise combed through the latest campaign finance figures and found that lawyers, especially those at elite firms, are lining up behind DeSantis. The reason? Wise says its because these attorneys don't want Donald Trump to win and think DeSantis has the best shot at beating him. In this episode of our weekly podcast, On The Merits, Wise explains which attorneys from which firms are donating to DeSantis, and whether they could eventually face the wrath of the famously vindictive Trump. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

The website Shein is known for selling ultra-cheap clothes that could be classified as "designer knockoffs." But faced with a knockoff of itself, the Singapore-based online retailer is calling in the lawyers. Shein says its Chinese rival, Temu, is not just copying it but is violating its copyrights. Temu, for its part, is suing Shein for violating American antitrust laws and monopolizing the niche market for "ultra fast fashion." Bloomberg Law reporter Katie Arcieri joins us on our weekly podcast, On The Merits, to explain what ultra fast fashion really is, and why these two Asian companies are hauling each other to court in the U.S. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

The number of accounts trying to sell you stuff on social media keeps growing. According to one report, the influencer economy doubled in just the last four years. But many influencers now find themselves vulnerable to potentially crippling legal risks and they are seeking, albeit grudgingly, to insure those risks. Bloomberg Law's Daphne Zhang found that while the insurance industry is starting to offer products to these social media mavens, the price points aren't aligning with the influencer world's economic realities. On this episode of our weekly podcast, On The Merits, Daphne talks about the unique legal risks online influencers face, and how failing to insure those risks can sink not just them but also the brands they work with. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Walmart Inc., The Boeing Co., and Fox Corporation all have watched their boards of directors hauled to court by their own shareholders after headline-grabbing scandals. Such cases of shareholders suing their boards have garnered more attention in recent years. Some say that's indicative of a rise in mismanagement. But others who follow the country's premiere corporate law court point to one man: a judge who is less inclined than his predecessors to dismiss the lawsuits out of hand. On this episode Jennifer Kay speaks to that judge, Delaware Chancery Court Vice Chancellor Travis Laster. He explains why these types of suits can be good for society and who he thinks should be held responsible after a "corporate trauma." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

It's been almost four months since the U.S. Court of Appeals for the Federal Circuit launched an investigation into the fitness for service of one of its own judges, the 96-year-old Pauline Newman. Newman's colleagues believe she is physically and mentally unfit to sit on the bench and that she is refusing to cooperate in their investigation. For her part, Newman denies the accusations and has shown no sign that she's ready to retire from the post she's held for nearly 40 years. On this episode of our weekly podcast, On The Merits, we hear from Newman herself about why she doesn't want to retire, why she thinks her fellow judges are going after her, and about what she can still contribute to the federal justice system. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

A government report from 1993 said that the Federal Emergency Management Agency, or FEMA, would likely have to respond to one to two federally declared disasters per year. In just the first half of 2023, there have been around three dozen disasters. Climate change and the increase in extreme weather is putting immense strain on FEMA. And the agency has been pulled into additional crises, like helping ease the burden at the border and administering Covid testing and vaccine sites. It's not clear that there's the political will in Washington to make the organizational and fiscal fixes FEMA needs to meet the coming deluge of disasters. On this episode of our podcast, On The Merits, Bloomberg Government reporters Kellie Lunney and Ellen M. Gilmer talk about their reporting on what's troubling FEMA and why the agency's mission has ballooned so much since its creation. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

It's been a year since the Supreme Court overturned Roe v. Wade, clearing the way for Republican lawmakers to enact long-promised restrictions on abortion. However, in that time, the Republican-controlled House has passed just a handful of minor abortion bills—none of which have any hope of becoming law. On this week's episode of our weekly podcast, On The Merits, Bloomberg Government reporter Zach Cohen explains why abortion legislation has thus far stalled in Congress. Zach says the real fight will come later this year when Congress has to pass its annual spending bill that often attracts lots of legislative riders. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

The years of breakneck expansion in the legal industry are officially over—firms have now moved into contraction mode. While we're still not seeing Great Recession-style mass layoffs—yet—the downturn is generating plenty of anxiety. On today's episode of our weekly news podcast, On The Merits, we do a Big Law roundup, featuring three Bloomberg Law reporters talking about their corner of the legal industry. First, Meghan Tribe explains why the firm Cooley is offering incoming associates $100,000 to delay their start dates, and what that might mean for their careers. Next, Mahira Dayal talks about the UK's so-called "Magic Circle" firms, and why they're waging—and, mostly, losing—a talent war with their American rivals. Finally, Roy Strom brings us the story of a Big Law titan who got tired of the grind and gave up his enormous salary to become a local traffic court judge. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

When the PGA announced a plan to merge with its former rival, the Saudi-backed LIV Golf, sources with the league told Bloomberg Government's Kate Ackley they didn't expect to encounter major regulatory roadblocks. However, a week later, that now appears far too optimistic. Lawmakers from across the ideological spectrum have criticized the deal, both for antitrust concerns and for Saudi Arabia's grim history of human rights abuses. On this week's episode of our weekly podcast, On The Merits, Ackley says the kingdom may have to tap its army of lobbyists in Washington to keep the merger alive. Also, Bloomberg Law's Dan Papscun joins us to talk about an obscure government committee that could make or break the merger with its review for national security concerns. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

We learned earlier this year that President Biden doesn't like it when employers impose noncompete clauses on their employees. In January, his Federal Trade Commission rolled out a proposal that would enact a near total ban on them. Now, a second federal agency has taken action against noncompetes. Last week, the top lawyer at the National Labor Relations Board said she thinks these agreements are illegal because they impinge on workers' ability to organize. On this week's episode of our weekly podcast, On The Merits, we talk to labor reporter Bobby Iafolla about what this all means, and also hear a clip from a new investigative audio series from Bloomberg Law's Matt Schwartz looking into the noncompete issue. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.