Podcast category: Legal News

Special Reports

2016 Annual Florida Bar Convention: The Public Interest Law Division

In this Special Report, Florida Bar Public Interest Law Section incoming chair Sarah Sullivan talks with Legal Talk Network Executive Producer Laurence Colletti about her division, the joys of serving the public, and the challenges this type of law practice can bring. Sarah shares that her division is comprised mostly of legal aid practitioners who work for restricted or unrestricted legal aid programs, law professors, clinical professors, and managers of nonprofits. She also reveals that the kind of law that they practice consists mostly of housing law, family law, veteran work, disability work, nonprofit work, and that the common goal of serving the people unifies them all. Sarah provides insight into her work as a clinical professor at the Florida Coastal School of Law and presents a brief explanation of the services that her students provide through the experiential law firm run by the school. She closes the interview with a few reasons attorneys should join her division and some examples of the most rewarding cases she has experienced through her practice of law.

Sarah Sullivan is The Florida Bar Public Interest Law Section incoming chair. Professor Sullivan worked as a staff attorney from 1997-2001 and a senior staff Attorney with Jacksonville Area Legal Aid, Inc. from 2005-July 2009. As a senior staff attorney, Professor Sullivan created a regional legal services project in Northeast Florida serving individuals with developmental disabilities. The project defends disabled individuals against denials, terminations or reductions of their essential services. In 2001, Professor Sullivan represented the South Carolina Department of Social Services in abuse and neglect cases before the Charleston County Family Court. While in Charleston, Professor Sullivan collaborated with the judiciary, pro bono lawyers, and social service agencies to create South Carolina’s first family recovery court for drug-dependent parents and their children. She currently leads the Disability and Public Benefits Clinic at Florida Coastal.

Special Reports

2016 Annual Florida Bar Convention: Criminal Law Update

In this Special Report, host Laurence Colletti talks with criminal defense attorney Denis deVlaming about his Florida Criminal Law Update at the 2016 Annual Florida Bar Convention. Denis discusses cases, such as Hurst v. Florida and Miller v. Alabama, that have had significant legislative impacts on the Florida criminal justice system. He also provides definitions for important verbiage, like aggravating factors, to help all law practitioners better understand the effects these subsequent rulings will have on practicing lawyers in Florida. Denis analyzes the impact that the recent changes to the death penalty in Florida will have on the inmates sentenced to death and the pro bono committee of lawyers that will be representing them. He closes the interview with his top tips for lawyers who have recently graduated or who are seeking to start their own law firms in Florida.

Denis deVlaming is a former Florida prosecutor turned board certified criminal defense attorney. He is also an adjunct professor at Stetson College of Law, teaching advanced criminal trial advocacy.

Special Reports

2016 Annual Florida Bar Convention: Bankruptcy Update

In this Special Report, host Laurence Colletti sits down with attorney Barbara Leach to discuss her presentation for the Florida Law Update 2016 at the Annual Florida Bar Convention. Barbara gives a little background on her Orlando-based law practice and explains that her emphasis for the seminar is on updates to bankruptcy law. She reveals that bankruptcy cases are trending downward and lists credit card debt, medical debt, and overwhelming loan debt as major reasons for financial hardship. Barbara also discusses observations on trends toward the dischargeability of student loan debt. She also shared her 12 month reviews on bankruptcies during her seminar to highlight changes in exemptions, dischargeability, and general information that directly impacts lawyers both as bankruptcy practitioners and debtors. The interview closes with an analysis of recent foreclosure trends and some tips for non-lawyers who want to stay knowledgeable on bankruptcy legislations that might directly affect them.

Barbara J. Leach is the managing attorney of Barbara Leach Law, PL. She practices family law, consumer bankruptcy, and civil litigation, and concentrates on representing individuals and small businesses. Leach is active in her community as well as many professional associations, and was named a 2013 Leader in the Law by the Florida Association for Women Lawyers.

Lawyer 2 Lawyer

Tribal Law, Indian Child Welfare Act, and Custody

In a highly publicized custody case involving a 6-year-old girl, the use of the Indian Child Welfare Act of 1978, a federal law that seeks to keep American Indian children with their American Indian families, has come into play.

The child was recently removed from her foster home after a lower court judge ruled that Lexi’s Choctaw Indian bloodline requires her to live with relatives in Utah.  According to court records, Lexi was moved to foster care four years ago due to her birth mother’s substance abuse problems, her birth father’s criminal history, and custody issues involving both birth parents and other children. Lexi’s foster parents, have since filed an appeal to the California High Court

In this episode of  Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join attorney Lori Alvino McGill, partner in the Washington, D.C. office of Wilkinson Walsh + Eskovitz and Chrissi Nimmo, assistant attorney general for Cherokee Nation, who has represented the nation in tribal, state, and federal courts since 2008, as they take an inside look at this case, tribal law, the Indian Child Welfare Act, and overall child custody cases.

Attorney Lori Alvino McGill is partner in the Washington, D.C. office of Wilkinson Walsh + Eskovitz. Lori’s practice focuses on all aspects of appellate strategy, including issue preservation, briefing, argument, and obtaining (and opposing) Supreme Court review. She has handled high-profile civil and criminal appeals involving a wide range of constitutional and statutory issues in state and federal appellate courts, including the Supreme Court of the United States. Lori is presently representing the foster parents of Lexi and has appealed to the California’s highest court.

Chrissi Nimmo is assistant attorney general for Cherokee Nation and has represented the nation in tribal, state, and federal courts since 2008. Chrissi primarily focuses on the Indian Child Welfare Act and in-house counsel duties for the nation. She represented Cherokee Nation in Adoptive Couple v. Baby Girl before both the United States Supreme Court and the South Carolina Supreme Court and in Nielson v. Ketchum before the United States Court of Appeals for the Tenth Circuit. Chrissi also serves as the Adam Walsh Act Sex Offender Registration and Notification Compliance Office for Cherokee Nation.

Special thanks to our sponsor, Clio.

Lawyer 2 Lawyer

Overtime Rule Changes: Impact and Reaction

The Labor Department recently announced regulation changes pertaining to overtime pay for employees and their employers. Under these new rules, those who earn salaries of less than $47,476 a year will automatically qualify for overtime pay of time-and-a-half if they work more than 40 hours a week.

Once the new rules go into effect on December 1, 2016, they will impact 4.2 million workers in the United States.  So what does this mean for business owners and their employees?

In this episode of Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join Jane Lauer Barker, a partner at the New York labor and employment firm Pitta & Giblin LLP and Thomas Wassel, a labor and employment partner with the New York firm Cullen and Dykman, as they take a look at these recent overtime rule changes and the impact, pros and cons, and reaction from business owners and the workforce.

Jane Lauer Barker is a partner at the New York labor and employment firm Pitta & Giblin LLP.  Jane concentrates in labor, employment, and employee benefits law and litigation and labor union representation.  Previously, Barker headed up New York State Attorney General’s Labor Bureau where she oversaw civil and criminal enforcement of state labor laws and handled appellate litigation.

Thomas Wassel is a labor and employment partner with the New York firm Cullen and Dykman. Tom has been advising employers on a wide range of labor and employment law matters since 1983.

Special thanks to our sponsor, Clio.

Lawyer 2 Lawyer

The Panama Papers

An offshore investment scandal known as the Panama Papers has taken the world by storm. The controversy centers around the Panamanian law firm Mossack Fonseca and its connections to high-ranking political figures, their relatives, celebrities, and business figures, including Iceland Prime Minister Sigmundur David Gunnlaugsson.

Recently, a German newspaper announced that 11.5 million confidential documents between 1970 and 2015 had been leaked from the firm to journalists. These “Panama Papers” revealed how clients hid billions of dollars in offshore tax shelters.  There are many issues at hand here: establishing these offshore entities, evading taxes, fraud, money laundering, and overall corruption.

On Lawyer 2 Lawyer, hosts Bob Ambrogi and Craig Williams join Jessica Tillipman, the assistant dean for field placement at George Washington Law School, and Professor William Byrnes, a member of the law faculty and an associate dean with Texas A&M University School of Law, as they take an inside look at the Panama Papers. They discuss Mossack Fonseca’s role, shell companies and offshore bank accounts, the issue of data security, tax evasion, investigations into these clients, and the future of Mossack Fonseca.

Jessica Tillipman is the assistant dean for field placement at George Washington Law School and an expert in corruption, government ethics, and the Foreign Corrupt Practices Act. She is a senior editor of the FCPA Blog, which has been following the Panama Papers revelations.

Professor William Byrnes is a member of the law faculty and an associate dean with Texas A&M University School of Law. William held a senior position of international tax for a Big 6 firm and has been commissioned on fiscal policy by a number of governments. He is currently developing a tax and legal risk management online curriculum for professionals. Texas A&M University is the fifth largest U.S. public research institution and one of only 62 institutions to be designated a member of the prestigious Association of American Universities.

Special thanks to our sponsor, Clio.

ABA Law Student Podcast

Marcia Clark on “The People vs. O.J. Simpson,” Sexism, and Her Latest Book

Marcia Clark is best known for being the lead prosecutor for the O.J. Simpson murder trial. The former Heisman Trophy Winner was accused and found not guilty of the June 1994 death of Nicole Brown Simpson and waiter Ronald Lyle Goldman in a trial that captivated the country. Thrust back into the spotlight by “The People vs. O.J. Simpson” miniseries, a new generation is now fascinated by Clark, the discrimination she faced during the trial, and the writing career that followed.

In this episode of the ABA Law Student Podcast, hosts Fabiani Duarte and Sandy Gallant-Jones sit down with Marcia Clark, most notably known for serving as the prosecutor for the trial of O.J. Simpson, to discuss her new novel “Blood Defense.” Marcia provides deeper insight into the motivation behind the creation of, and the personality differences between, her long running character Rachel Knight and her new protagonist, Samantha Brinkman. She also speaks briefly about her experience writing through the prosecutorial lens and the catalyst behind her recent shift towards writing from the perspective of the defense. The focus of the discussion then pivots toward an analysis of her experiences during the O.J. Simpson case and her prosecutorial experience. Marcia reflects on the adversity she faced during the trial as she balanced raising a family, fighting a custody battle, and the sexism she experienced in the courtroom and the office. She closes the interview with advice on helpful skills that law students can develop while in school, such as discipline and persistence, and how those experiences can be applied to their work in the profession.

Marcia Clark has been a practicing criminal attorney since 1979 and served as prosecutor in the Los Angeles DA’s office for 10 years. There, she served as a prosecutor for the trials of Robert Bardo, convicted of killing actress Rebecca Schaeffer, and, most notably, O.J. Simpson, tried for the murders of his ex-wife Nicole and Ron Goldman. Marcia wrote a New York Times best-selling book on the Simpson case titled “Without a Doubt” which was re-released as an e-book, coinciding with the debut of the hit FX series “American Crime Story: The People vs. O.J. Simpson.” For nearly a decade, Clark has been a prolific novelist authoring four legal thrillers featuring Rachel Knight, a driven and gritty city prosecutor. On May 1st, Clark flips to writing from the perspective of a defense attorney in the launching of her fifth novel “Blood Defense,” the first in a new series featuring an ambitious and hard-charging Los Angeles criminal defense attorney named Samantha Brinkman. Marcia is a California native and received her J.D. from Southwestern University School of Law.

Lawyer 2 Lawyer

North Carolina’s HB2 Controversy, Transgender Legislation, and Litigation

North Carolina’s House Bill 2, better known as the “Bathroom Law”, has taken center stage and has created a great debate. On March 23, 2016, Gov. Pat McCrory signed the Public Facilities Privacy and Security Act, also known as House Bill 2 or HB2. The law bans people from using bathrooms that don’t match the sex indicated on their birth certificates, which opponents argue is discriminatory toward the transgender community.

Supporters of the new law say it is a safety and privacy issue, protecting women and children from men who use the law as a pretense to deliberately enter the wrong restroom. Legislation involving the transgender community is not only happening in the state of North Carolina, but Mississippi and Tennessee have pushed similar legislation as well.

On Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join Ilona Turnerlegal director at the Transgender Law Center, Andrew Beckwith, president of the Massachusetts Family Institute and Professor Katie Eyer from Rutgers Law School as they take a look at North Carolina’s HB2 controversy, reaction, litigation surrounding HB2, anti-LGBT discrimination bills and LGBT protections nationally, and the quest for equal rights for the transgender community.

Ilona Turner was a staff attorney at the National Center for Lesbian Rights (NCLR), where her work frequently focused on issues affecting transgender clients. She previously practiced law at Cohen, Weiss, & Simon LLP in New York City, representing unions, union-run health and retirement plans, and employees. In the early 2000s she worked as the lobbyist for Equality California, where she helped to shepherd groundbreaking legislation that prohibited housing and employment discrimination against transgender people and dramatically expanded the rights of domestic partners in California.

Andrew Beckwith is a graduate of Gordon College and the University of Minnesota Law School. Andrew is a judge advocate in the United States Marine Corps Reserve where he holds the rank of major. He has also served as an immigration trial attorney for the Boston office of the Department of Homeland Security.

Katie Eyer joined the Rutgers law faculty as an assistant professor in June 2012. Katie also litigated civil rights cases prior to entering academia full time, and secured a number of precedents in the Third Circuit expanding the legal rights of LGBT and disabled employees.

Special thanks to our sponsor, Clio.

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