On The Merits

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.

Vice President Kamala Harris enjoyed a huge cash infusion to her campaign shortly after it launched this summer, and one of the groups behind this influx were attorneys donating to the Democratic candidate.Attorneys gave more than $8 million to the Harris campaign in just the first 10 days of its existence, according to data analyzed by Bloomberg Law reporters Tatyana Monnay and K. Sophie Will. This is the latest example of the legal profession moving more toward the Democratic column with every passing election cycle.However, despite this fundraising advantage, the Democrats are still waging an uphill fight for control of the House and the Senate in this year's congressional elections. On this episode of our podcast, On The Merits, Bloomberg Government's Greg Giroux explains why an unfavorable Senate map for Democrats may be more than robust fundraising can overcome. Also, Monnay talks about why lawyers are fans of the vice president and why attorneys who back former President Donald Trump are staying low-key.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Mahira Dayal, a Bloomberg Law reporter, delves into the latest third quarter M&A data revealing a surge in deals, despite looming election uncertainties. She highlights Kirkland & Ellis's dominance in deal-making while noting shifts in other firms' rankings. Mahira discusses the favorable financing climate spurred by recent interest rate cuts and the implications of heightened regulatory scrutiny on transactions. The conversation wraps up with a cautiously optimistic outlook for the legal market amid potential challenges ahead.

Supreme Court Justice Samuel Alito has recused himself far more often than his eight other colleagues in recent years, and that's because, unlike his colleagues, he holds a significant amount of stock in public companies.But what's more notable are the times Alito failed to recuse himself even though he had a conflict of interest.On this episode of our podcast, On The Merits, Bloomberg News reporter Emily Birnbaum talks about why, even with a new code of ethics, there are still few, if any, consequences to mistakes like these at the Supreme Court. She also talks about what she found combing through Alito's most recent financial disclosure documents.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Electric vehicles are far from a new phenomenon, but the sparseness of public, non-Tesla charging stations along the highway can still make taking a road trip in other types of EVs somewhat harrowing.Bloomberg Government reporters Kellie Lunney and Lillianna Byington discovered this first hand when they went on a road trip to test out the country's federally funded EV infrastructure and almost got stranded on the side of the road.On this episode of our podcast, On The Merits, Kellie and Lillianna join us to talk about the federal program meant to boost that infrastructure and why its rollout has been slow. They also talk about the impact this is having on EV drivers and the EV market as a whole.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.