On The Merits

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.

New York City may be the next city to enact a total ban on facial recognition technology.The technology, which uses surveillance cameras to identify people in public, has been garnering headlines for years, but there are few regulations on how it can be used. Some cities have taken action by enacting partial bans or moratoriums. One city, Portland, Oregon, has a total ban.A bill introduced in the the New York City Council would make it illegal for private businesses to use face scans to identify customers. This move comes after venues controlled by James Dolan's company, including Madison Square Garden, Radio City Music Hall, and the Beacon Theater, denied entrance to ticket buying patrons who happened to be lawyers who worked at law firms involved in litigation against Dolan's company.Is an all-out ban the best response to this technology? Are there less restrictive rules that could allow uses that benefit society, or is this technology such a threat to privacy and civil liberties that bans are the best option?On this episode of On The Merits, we look at how to regulate this emerging technology. We hear from tech execs, a city administrator, a law professor, and a privacy advocate.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Generative AI models like ChatGPT aren't sophisticated enough to write a Hollywood-level screenplay, at least not yet. But if and when that changes, Hollywood writers want to make sure they're prepared.The Writers Guild of America is on strike, and a big reason is they want to insert language into a new bargaining agreement that gives the union a say in when and how algorithms can be used.Bloomberg Law labor reporter Ian Kullgren has been following the strike, and he joins our weekly news podcast, On The Merits, to explain how labor law factors into the negotiations. He also talks about why generative AI is a big issue for Hollywood writers today, and why it could become an even bigger issue for other trades as the technology advances.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.