America's infrastructure is crumbling. The American Society of Civil Engineers graded the national infrastructure a D+ in 2017, with transit rated a D- and drinking water, dams and roads rated a D. Despite broad bipartisan recognition for the need to rebuild and expand, government spending on infrastructure fell by nearly $10 billion over the past decade, with increased spending on maintaining existing systems and decreased spending on capital projects. Professor Michael Graetz, co-author of The Wolf at the Door: The Menace of Economic Insecurity and How to Fight It, explains why we haven’t seen large-scale improvements in recent decades, ways to finance infrastructure projects to address the funding gap, and the regulatory and policy changes necessary to rebuild America.

California MCLE Podcast

Infrastructure & American Unemployment

In the COVID crisis, the most impacted groups include the most vulnerable segments of our population. In this podcast, Alexis Hoag first explains how prisoners are affected by the pandemic and how recent precedence informs their ability to assert their legal rights to access healthcare and safe conditions. Professor Olatunde Johnson (Columbia Law School) then explores what some states have done to ensure access to essential services like utilities and broadband and delves into the pandemic's impact on contract and gig workers. Lastly, Professor Jane Spinak (Columbia Law School) describes how family courts have been responding to the crisis and the important role lawyers play as advocates for children and families.

Vulnerable Populations in a Pandemic

Given the impact of the COVID-19 pandemic, America is facing an unprecedented wave of insolvencies. In this conversation, Professor Edward Morrison of Columbia Law School explains what is happening, what is new in the bankruptcy rules, and how the existing laws can be used to mitigate the financial fallout from the crisis. Morrison also explains under what circumstances a Chapter 7, 11, or 13 proceeding may be appropriate for consumers or businesses. Edward Morrison is a Professor of Law at Columbia Law School. He specializes in corporate, business, and transactional Law. He is the faculty director of the Law School’s Executive LL.M. Program and co-director of Columbia University’s Richard Paul Richman Center for Business, Law, and Public Policy. His scholarship focuses on corporate reorganization, consumer bankruptcy, the regulation of systemic market risk, and foreclosure and mortgage modification. 

Bankruptcy in the Time of COVID-19

(0.5 General California MCLE)  Are DNA, human tissue, and sperm "property"? What rights do you have over discarded DNA or cells that you shed everyday? Can you be sued for paternity for donating sperm or "stolen" sperm? Professor Glenn Cohen explores these questions and more. Prof. Cohen is one of the world's leading experts at the intersection of bioethics and the law, as well as health law.  A professor at Harvard Law School, Glenn Cohen also serves as the Faculty Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.    

Abandoned DNA and the Ownership of Sperm (Part 2)

Abandoned DNA and the Ownership of Sperm

(0.5 Ethics California MCLE)  Drafting client emails on an airplane, reviewing an agreement while vacationing out-of-state - lawyers all do this, but are they running afoul of ethics rules? As clients are increasingly doing business across multiple state lines, today's lawyers need to know the pitfalls and safe harbors in multi-jurisdictional practice. Sarah McShea, legal ethics guru, breaks down this murky area. Sarah McShea is an experienced New York ethics attorney who advises lawyers and law firms on a wide range of professional responsibility issues, including disciplinary defense, disqualification and sanctions litigation, risk management for law firms, law firms disputes and dissolutions, and bar admission proceedings. From 1980 to 1989, she served as the staff counsel and then as Deputy Chief Counsel for the Departmental Disciplinary Committee, First Department, and then as the chief of the Public Corruption Bureau of the Kings County District Attorney’s Office from 1990 to 1993. She was an adjunct professor at Brooklyn Law School from 2001 to 2007 and has been on the editorial board of the ABA/BNA Lawyers’ Manual on Professional Conduct since 1994.    

Lawyering Beyond State Lines

(0.5 Diversity California MCLE)  Despite increasing numbers of minorities and women in law schools and state bars, there continues to be a lack of diversity in the judiciary. As the first female South Asian judge in New York, Judge Rajeswari talks about her unique path to the judgeship and why diversity on the bench matters. Judge Raja Rajeswari is a judge on the New York City Criminal Court of the New York State Unified Court System. She was appointed by Mayor Bill de Blasio in April 2015 and sworn in that month. She is the first South Asian female judge to be appointed a judge to a criminal court New York City. Prior to her appointment, she served as the deputy chief of the Special Victims Unit for the Richmond County District Attorney’s Office for 4 years.    

A Different Path to the Bench

(0.5 Ethics California MCLE)  What are the do's and don'ts for lawyers making lateral jumps from one firm to another? Sarah McShea, legal ethics guru, reveals the hidden dangers and breaks down the ethics minefield in conflicts, communications with client, fiduciary duties to the law firm, and more. Sarah McShea is an experienced New York ethics attorney who advises lawyers and law firms on a wide range of professional responsibility issues, including disciplinary defense, disqualification and sanctions litigation, risk management for law firms, law firms disputes and dissolutions, and bar admission proceedings. From 1980 to 1989, she served as the staff counsel and then as Deputy Chief Counsel for the Departmental Disciplinary Committee, First Department, and then as the chief of the Public Corruption Bureau of the Kings County District Attorney’s Office from 1990 to 1993. She was an adjunct professor at Brooklyn Law School from 2001 to 2007 and has been on the editorial board of the ABA/BNA Lawyers’ Manual on Professional Conduct since 1994.    

The Dangers of a Lateral Move

(0.5 General California MCLE)  When law firms fail, they don't just dissolve - they implode. John Morley of Yale Law explains the unique structure and fragility that has resulted in the spectacular collapse of firms like Dewey LeBoeuf, Howrey, and Brobeck. Professor John Morley of Yale Law School is an expert in organizational law and investment management. He teaches courses on business organizations and securities regulations. He was an Associate Professor of Law at the University of Virginia School of Law and the director of the school’s Law & Business Program.    

When Law Firms Collapse

(0.5 Competence California MCLE)  Lisa was a young, high-powered corporate attorney in the ‘90s, in denial of her alcohol dependency and hiding her spiraling addiction until she couldn’t. Unfortunately, Lisa’s experience isn’t uncommon in the legal profession—a quarter of lawyers qualify as problem drinkers. In this 2-part series, Lisa chronicles her own struggle with alcohol and substance abuse and road to recovery, and discusses the strategies and resources available to lawyers and employers to improve lawyer well-being. Lisa Smith is the author of Girl Walk Out of a Bar: A Memoir, a personal story of her formative years as a high-functioning alcoholic and a drug abuser. She is currently the Deputy Executive Director and Director of Client Relations at Patterson Belknap Webb & Tyler LLP in New York City. Prior to moving to a legal administration role, she practiced as a corporate finance attorney at a large firm.  Lisa serves on the Advisory Board of Law.com’s Minds Over Matters mental health reporting project.    

Overachieving, Anxiety, & Addiction (Part 2)

Overachieving, Anxiety, & Addiction

(0.5 General California MCLE)  By 2022, Internet of Things (IoT) related consumer spending is projected to exceed $1 trillion with billions devices connected. What impact will the surge of IoT devices have on how we interact with the world, and how will it affect data security and privacy rights? And what steps will the government take in terms of regulation? Host Joel Cohen sits down with John Heitmann and Jameson Dempsey to find out. John Heitmann is a partner in the Washington D.C. office of Kelley Drye & Warren LLP, chair of the firm’s Communications practice group, and a member of the firm’s Privacy and Information Security practice group.  Heitmann has served as the co-chair of the Federal Communications Bar Associations’ (FCBA) Privacy and Data Security Committee and as co-chair of the FCBA’s State and Local Practice Committee. Jameson Dempsey now serves as Government Affairs Counsel at Loon, an Alphabet Company. Prior to his work at Loon, Dempsey was a CodeX non-resident fellow at Stanford Law School.

The Internet of Things – The Latest Frontier (Part 2)

(0.5 General California MCLE)  By 2022, Internet of Things (IoT) related consumer spending is projected to exceed $1 trillion with billions devices connected. What impact will the surge of IoT devices have on how we interact with the world, and how will it affect data security and privacy rights? And what steps will the government take in terms of regulation? Host Joel Cohen sits down with John Heitmann and Jameson Dempsey to find out. John Heitmann is a partner in the Washington D.C. office of Kelley Drye & Warren LLP, chair of the firm’s Communications practice group, and a member of the firm’s Privacy and Information Security practice group.  Heitmann has served as the co-chair of the Federal Communications Bar Associations’ (FCBA) Privacy and Data Security Committee and as co-chair of the FCBA’s State and Local Practice Committee. Jameson Dempsey now serves as Government Affairs Counsel at Loon, an Alphabet Company. Prior to his work at Loon, Dempsey was a CodeX non-resident fellow at Stanford Law School.

The Internet of Things – The Latest Frontier

(0.5 General California MCLE)  American political campaigns are increasingly financed by Super PACs and shadowy nonprofits. Some believe that too much money being funneled by special interest groups and wealthy donors opens the door to corruption and influence buying. Host Suraj Patel sits down with Columbia Law Professor Briffault to explore campaign finance laws and get to the bottom of this complicated debate. Professor Richard Briffault is the Joseph P. Chamberlain Professor of Legislation at Columbia Law School. He joined the Columbia Law faculty in 1983. He was law clerk to the Honorable Shirley M. Hufstedler of the United States Court of Appeals for the Ninth Circuit, and was Assistant Counsel to New York Governor Hugh L. Carey. In 2014, Professor Briffault was appointed Chair of the Conflicts of Interest Board of the City of New York. He has served as the Reporter for the American Law Institute's project on Principles of Government Ethics.

From Super PACs to Dark Money (Part 2)

(0.5 General California MCLE)  American political campaigns are increasingly financed by Super PACs and shadowy nonprofits. Some believe that too much money being funneled by special interest groups and wealthy donors opens the door to corruption and influence buying. Host Suraj Patel sits down with Columbia Law Professor Briffault to explore campaign finance laws and get to the bottom of this complicated debate. Professor Richard Briffault is the Joseph P. Chamberlain Professor of Legislation at Columbia Law School. He joined the Columbia Law faculty in 1983. He was law clerk to the Honorable Shirley M. Hufstedler of the United States Court of Appeals for the Ninth Circuit, and was Assistant Counsel to New York Governor Hugh L. Carey. In 2014, Professor Briffault was appointed Chair of the Conflicts of Interest Board of the City of New York. He has served as the Reporter for the American Law Institute's project on Principles of Government Ethics.    

Super PACs & Dark Money

The California MCLE Podcast by TalksOnLaw is a series of enjoyable MCLE-accredited interviews with leading law professors, practitioners, and judges. All available for California MCLE credit. Topics from police power, to technology and privacy, to the ownership of DNA. Subscribers can enjoy our fifty-part interview series with the titans of law, available for California MCLE credit for TalksOnLaw premium and podcast members. www.talksonlaw.com

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California MCLE Podcast

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