

On The Merits
Bloomberg Industry Group
On The Merits takes you behind the scenes of the legal world and the inner workings of law firms. This podcast offers in-depth analysis on the latest trends, challenges, and opportunities shaping the business of law and the legal industry overall. You'll gain insights into how the latest government actions, policies, and business developments are impacting the industry and hear from leading attorneys, legal scholars, industry experts, and our own team of journalists as they share their perspectives on the forces driving change.
Episodes
Mentioned books

May 17, 2022 • 14min
Crypto's Crashing, But Big Law Still Loves Its Clients
Crypto prices are plummeting, but Big Law isn't rushing for the exits. Far from it.Many of the country's biggest law firms have thrown themselves head first into the cryptocurrency world, with some even establishing specialized crypto practice groups.Bloomberg Law reporter Sam Skolnik says the reasons are clear: a confusing regulatory environment combined with crypto companies now flush with enough funds to be able to afford Big Law representation.On this episode of our weekly podcast, On The Merits, Sam talks about which firms are most active in crypto and why Big Law is bullish on the industry's future.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

May 10, 2022 • 12min
Fauci Heads to Capitol Hill For More Covid Funding
Dr. Anthony Fauci is a household name, but that doesn't mean he gets everything he wants from Congress. As the head of the National Institute of Allergy and Infectious Diseases, Dr. Fauci is heading to Capitol Hill to try to convince legislators to fund President Biden's $10 billion Covid-19 bill.Bloomberg Law health reporter Jeannie Baumann spoke to Dr. Fauci about what his agency needs the funding for, what will happen if it doesn't materialize, and whether we'll see a new viral variant 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.

May 3, 2022 • 14min
Supreme Court Leak May Start a New Era for Justices
We got a window into the inner workings of the usually secretive Supreme Court with a leaked draft opinion in a landmark abortion case.As surprising, even shocking, as this leak was, it could be the beginning of a new era at the court in which the justices' private deliberations are no longer sacrosanct and leaks become more common.On this special breaking news edition of On The Merits, Kimberly Robinson and Jordan Rubin, hosts of our Supreme Court podcast Cases and Controversies, talk about what this might mean for the future of the court and about how the leaked opinion itself could affect women seeking abortions.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Apr 26, 2022 • 15min
Pandora, Spotify Face Comics' Costly Copyright Suits
When it comes to copyright law, stand-up comedy recordings have generally been treated differently than music recordings. At least, until now.The estates of Robin Williams and George Carlin are among several plaintiffs in a copyright infringement lawsuit against Pandora that centers on whether the streaming service has the proper license for their work. Spotify is also having similar disputes with comics, though out of court.On today's episode of our weekly legal news podcast, On The Merits, Bloomberg Law reporter Isaiah Poritz explains how the copyright discrepancy between comedy and music started, why it may be going away, and why the comics suing these streaming giants will probably end up laughing all the way to the bank.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Apr 19, 2022 • 17min
On Abortion, Red States Not Waiting for Supreme Court
This summer, the Supreme Court is expected to hand down a ruling in a case called Dobbs v. Jackson Women's Health Organization. It could significantly alter—or even eliminate altogether—Roe v. Wade and the legality of abortion in America.But rather than waiting to see what the justices do, many Republican-led states are moving to enact their own restrictive abortion laws. And some blue state legislatures are working to bolster abortion access.On today's episode of On The Merits, our weekly legal news podcast, we examine the state of abortion laws in the states. Bloomberg Law correspondent Jennifer Kay explains why some states are not waiting for the Dobbs opinion to act, while Bloomberg Law reporter Lydia Wheeler discusses whether these laws could apply to out-of-state health care providers.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Apr 12, 2022 • 22min
Women Struggle to Bring Equal Pay Suits to Court
A bill is currently sitting on the desk of Gov. Tate Reeves (R) that would make his state, Mississippi, the 50th and final one to adopt a law mandating equal pay for men and women.However, not all women are celebrating. Women's rights advocates say the Mississippi law is watered down to the point of absurdity—for example, it allows employers to pay women less based on their prior salary or their "negotiating tactics."On today's weekly legal news podcast, On The Merits, we hear from Andrea Johnson, director of state policy at the National Women's Law Center, about where the equal pay movement stands, both in the courts and state legislatures.She tells Bloomberg Law correspondent Jennifer Kay that lawmakers are acting out of unfounded fears that employers will be deluged with compensation-related lawsuits. In reality, Johnson says, bringing and winning a pay discrimination suit is very difficult, even in states with robust equal pay laws.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Mar 29, 2022 • 17min
ESG Investors Get Big Win With New SEC Climate Rule
Some good news for ESG investors, and even better news for accountants: the Securities and Exchange Commission just unveiled a new proposal that would force public companies to disclose mountains of climate change information.The proposal goes far beyond requiring disclosure of the fossil fuels a company itself uses: It would also have companies report out the carbon footprint of their supply chains and even, in some cases, of the customers who use their products.On today's On The Merits, our weekly legal news podcast, we hear from Bloomberg News sustainability editor Eric Roston about what's in this SEC proposal and why, for so-called "green investors," this has been a long time coming. We also hear from Bloomberg Tax's Amanda Iacone about why these disclosure rules could be a boon for accountants. After all, someone has to audit all of those new corporate climate statements.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Mar 28, 2022 • 18min
Apple Litigation Is Very Lucrative for Some Firms
A Bloomberg Law analysis found that, within the tech industry, Apple uses outside law firms at a rate three times higher than its nearest rival.But which firms the iPhone maker uses may surprise you. On this episode of On The Merits, we hear from three Bloomberg Law reporters about why the Silicon Valley giant steers a large portion of its legal business toward two small-to-mid-size Southern 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.

Mar 22, 2022 • 10min
Jackson Defends Her Defense Work in Senate Hearings
Judge Ketanji Brown Jackson spent a good portion of the first day of her Supreme Court nomination hearings in the U.S. Senate defending her work as a defense lawyer.Republicans on the Senate Judiciary Committee grilled the nominee about her time as a public defender, including her work defending prisoners held at Guantanamo Bay. Senators also targeted sentences she handed down to people convicted on child pornography charges when she was a judge on the U.S. District Court for the District of Columbia.On this episode of our weekly legal news podcast, On The Merits, we talk to Bloomberg Law reporter Jordan Rubin about how the hearings have been going so far, why Republicans are choosing this line of attack, and whether there's anything the GOP might do to stop Judge Jackson from becoming Justice Jackson.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Mar 8, 2022 • 16min
War in Ukraine and Life-or-Death Choices for Big Law
Law firms that do business in Ukraine or in Russia have had to make a series of rapid decisions over the past weeks that could have the highest of consequences.Maintaining relationships with Russian clients, aside from earning them public condemnation, could put law firms afoul of new sanctions imposed after Russia's invasion of its neighbor last month. But dropping clients could also subject their Russian staffers to state-sanctioned retaliation.And this is to say nothing of the firms that have offices in Ukraine itself, where just ensuring the physical safety of their attorneys is a challenge.On today's On The Merits, our weekly legal news podcast, Bloomberg Law editor Chris Opfer talks about why some firms have turned on a dime to drop their Russian business, while others haven't and still others can't. Chris also talks about why the developments of the past weeks show that reputational risk is a much bigger factor in law firms' decision making than it was just a few years ago.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.


