On The Merits

Corporate DEI measures saw a surge during and after the nationwide unrest over George Floyd’s murder by Minneapolis police, but they've since become a major political, legal, and cultural flashpoint.Companies that adopted diversity initiatives in 2020 and afterward are now trying to figure out how to retool as they confront a backlash that seems to be partly about weariness with bureaucratic initiatives, but also partly a reflection of demographic anxieties.On this episode of our podcast, On The Merits, analyst Kate Azevedo and reporter David Hood discuss the challenges that DEI initiatives are facing, the way business and other organizations are responding, and what the future may hold under an incoming administration that's openly hostile to diversity policies.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690

In this engaging discussion, John Quinn, founder of Quinn Emanuel Urquhart & Sullivan and a pioneer in adopting AI in law, shares insights on the transformative impact of generative AI in legal practice. He explains how the firm is automating document review and drafting, saving up to 50 billable hours with a single click. The conversation also tackles the future of billing practices, the evolving roles for associates, and the crucial balance between AI efficiency and essential legal skills. Quinn emphasizes that while AI enhances productivity, the role of human advocates remains vital in the courtroom.

President-elect Donald Trump is poised to further shape a federal judiciary he remade during his first term.Building on his historic number of appointments, including Supreme Court justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, Trump will likely choose nominees that are even more reliably conservative this time around. And, because of his success moving the judiciary to the right, Democrats seeking to challenge future Trump policies have fewer options for finding a receptive forum.On this episode of our podcast, On The Merits, Bloomberg Law reporters Tiana Headley and Suzanne Monyak, along with Bloomberg Law columnist and Above the Law founder David Lat, discuss how the Trump team will select judges, who those nominees could be, and what this means for litigators.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Associates at Big Law firms are accustomed to a tradition: Whenever one law firm raises associate salaries or doles out a bonus, other firms scramble to match. But this year, something strange happened: A Wall Street law firm, Milbank LLP, in August gave out a special bonus, and none of its law firm competitors followed suit.Bloomberg Law’s Roy Strom spoke with his colleague Meghan Tribe about what might happen next for associates' bonuses on this episode of our podcast, On The Merits, and how law firms' revenue this year compares to 2021, the last time associates reaped a windfall from a boom in work.We also discuss whether associates across Big Law might still benefit from the special bonuses, which ranged from $6,000 to $25,000.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Katie Arcieri, a Senior reporter at Bloomberg Law specializing in antitrust litigation, joins Justin Wise, a reporter focused on antitrust agencies. They explore how major landlords allegedly colluded to raise rents using AI-driven software, drawing parallels to similar cases in the hotel-casino industry. The discussion delves into the legal challenges of proving tech-enabled price-fixing and the implications of recent federal rulings. With the housing crisis at the forefront, they unpack the intersection of AI, antitrust law, and government action.

At the New Jersey state supreme court, all of the justices seem to get along–even though they maintain a 4-3 partisan split in their ranks.The unique system, based on an unwritten rule that the governor will select justices and maintain a 4-3 balance politically, leads to an extraordinary amount of agreement among the justices. And attorneys like it, too.On this episode of our podcast, On The Merits, senior correspondent Alex Ebert talks about how the New Jersey Supreme Court maintains its system when so many state supreme courts have become partisan battlegrounds, and how attorneys prepare to argue in this unusual environment.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

David Hoffman, a contract law professor at the University of Pennsylvania, dives into the innovative use of AI in legal disputes. He explains how generative interpretation could revolutionize contract analysis, making it faster and more cost-effective. Hoffman discusses the challenges of convincing traditional lawyers to embrace AI. The conversation also touches on the potential shift in roles from judges to AI systems and what this means for law firms amidst technological advancements. A thought-provoking exploration of the future of contracts!

It's been almost four months since the Supreme Court's landmark ruling decision in Loper Bright that overruled the oft-cited Chevron doctrine. And now we're starting to see what administrative law is going to look like with judges more empowered to pick apart federal agencies' justifications for their actions.However, there could also be another case on the Supreme Court's docket for this term that upends the field of administrative law once again, and this one involves an arcane principle called the nondelegation doctrine.To break all this down, Bloomberg Law reporters Robert Iafolla and Kimberly Strawbridge Robinson join our podcast, On The Merits, and explain the present and future of federal agency power in a post-Chevron world.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Emily Siegel, a Bloomberg Law litigation finance reporter, delves into Fortress Investment Group's remarkable ascent in the litigation funding sector, having committed $6.6 billion to legal assets. She reveals the firm's secret sauce: intense focus and meticulous detail. Siegel shares insights from her extensive interviews with Fortress executives, touching on the intricate patent troll controversy and the tension between transparency and exploitation in funding. Additionally, the podcast explores future trends in litigation finance, emphasizing its evolving landscape and challenges.

David Horton, a law professor at the University of California, Davis and the mind behind the term 'infinite arbitration,' dives deep into the troubling world of arbitration clauses. He discusses the recent Disney case, where a widower faced forced arbitration amidst a wrongful death suit. Horton reveals how these clauses, embedded in online agreements, can strip consumers of their rights. He also outlines the Supreme Court's role in perpetuating these practices and speculates on future legal challenges to their enforceability.