Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by George Bochetto, a nationally acclaimed trial lawyer and the former boxing commissioner in Pennsylvania, to talk about non-disclosure agreements.

 

Throughout his career, George has handled some major defamation cases. He came on the show today to help walk us through the NDA agreement Stormy Daniels signed in regards to her alleged affair with Donald Trump and explain whether or not he thinks it would be enforceable. 

 

To follow along in the episode and read the NDA for yourself click the link below:

https://www.dropbox.com/s/ocvnkwprbs7enje/Filed%20Complaint.pdf?dl=0

 

Some of the points George points out in the episode that could nullify this agreement are:

  • David Dennison aka Donald Trump didn’t sign the agreement
  • The penalties are overly one sided. Meaning, Peggy Peterson aka Stormy Daniels’s punishments may be too severe to enforce.
  • Contracts for illegal acts are not enforceable, if this contract relates to any illegal acts it cannot be enforced.
  • Finally, George explains how David Dennison aka Donald Trump being the President affects the enforceability of this agreement.

 

Join us today as George Bochetto and Aaron Freiwald masterfully break down NDA’s and confidentiality agreements on today’s episode and remember to tune in every Friday for new episodes of Good Law | Bad Law!

 

Host: Aaron Freiwald

Guest: George Bochetto

 

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Instagram: @GoodLawBadLaw

Website: https://www.GoodLawBadLawPodcast.com

00:0000:00

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Katie Fallow, a Senior Attorney at the Knight First Amendment Institute at Columbia University.

 

Before Katie joined the Knight First Amendment Institute, she was a partner at the law firm Jenner & Block, where she represented video game creators in the Supreme Court case EMA v Brown and defended news outlets like the Huffington Post against defamation claims.

 

Katie joins the show today to talk about a case she has brought on behalf of seven Twitter users that have been blocked from the @RealDonaldTrump Twitter account. She claims President Trump has violated the First Amendment by blocking these users because:

 

  • The President uses his Twitter account as a form of public forum, and a public official cannot silence or exclude someone from a public forum based solely on his or her viewpoint.
  • The President’s Twitter account has become an important source of information and an individual’s access to this information cannot be revoked due to his or her viewpoint.
  • Blocking individuals based on their viewpoints interferes with their rights to petition the government for redress of grievances.

 

One argument the government is making to combat these claims is that the @RealDonaldTrump Twitter account is the President’s private account and unaffiliated with the official account of the Office of the President. Therefore, he can block whomever he wants.

 

Katie and The Knight First Amendment Institute dispute this point by citing claims made by the DOJ in recent cases asserting that statements made on the @RealDonaldTrump Twitter account are official White House statements.

 

During the episode, Katie also clarified that she and her clients are not seeking monetary compensation, but rather to require the President to remove the existing blocks on users and to prevent him from blocking users in the future based on their dissenting viewpoints.

 

To learn more about the case, read the complaint here: https://assets.documentcloud.org/documents/3892179/2017-07-11-Knight-Institute-Trump-Twitter.pdf

 

Remember to tune in every Friday for new episodes of Good Law | Bad Law!

 

Host: Aaron Freiwald

Guest: Katie Fallow

 

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Instagram: @GoodLawBadLaw

Website: https://www.GoodLawBadLawPodcast.com

00:0000:00

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined again by William (Bill) Myers Jr., author of “An Engineered Injustice,” to talk about his new book.

 

We had Bill on the show last summer to talk about his last book, “A Criminal Defense,” and his work as a trial lawyer in Philadelphia for the past 30 years. Today, we’re continuing that discussion and focusing on his new book, “An Engineered Injustice.”  Bill’s newest book takes a page out of his law practice (which specializes in FELA law, a type of law that applies to injured rail road workers) and focuses on a criminal defense attorney representing his cousin who is a train conductor.

 

Vaughn, a character from “A Criminal Defense” is thrust into the spotlight when his cousin Eddie is involved in a train crash. Bill tells us that Vaughn owes Eddie a debt so he is forced to represent him even though all of the evidence points to Eddie being at fault for the crash. Each page in this book reveals another stunning detail about the crash and the relationship between Vaughn and Eddie until finally, you learn the truth… you’ll have to read the book to find out more!

 

Purchase Bill’s book on Amazon: https://www.amazon.com/Engineered-Injustice-Philadelphia-Legal/dp/1542046483/ref=sr_1_1?ie=UTF8&qid=1523018991&sr=8-1&keywords=an+engineered+injustice

 

Listen in as Aaron and Bill talk about being a lawyer full time while writing a best-selling book series.

 

Remember to tune in every Friday for new episodes of Good Law | Bad Law!

 

Host: Aaron Freiwald

Guest: William Myers Jr.

 

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Instagram: @GoodLawBadLaw

Website: https://www.GoodLawBadLawPodcast.com

00:0000:00

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Robert Oshel, the former Associate Director of the National Practitioners Databank to discuss transparency in the medical field.

 

The National Practitioners Databank was established by Congress in 1986 to try and reduce healthcare fraud and improve health care quality. The Databank records anytime a medical professional pays a medical malpractice payment and when/if a medical professional has a disciplinary action taken against them.

 

However, despite the Databank, there is a serious problem in our country.  Recently outlined in a USA Today story, (https://www.usatoday.com/story/news/nation/2013/08/20/doctors-licenses-medical-boards/2655513/) the issue of transparency is directly addressed as it is revealed that doctors can have their license revoked in one state but not another. This means that the doctor still has the opportunity to then go to a state where they are still allowed to practice and immediately start seeing patients. Consequently, the reason their license was revoked never gets addressed and they never learn from their mistakes, while potentially putting their respective patients in harm’s way.

 

With the National Practitioners Databank that should never happen. Hospitals and licensing boards have access to the databank; they can see everything in a doctor’s medical past before hiring him or allowing him to practice in the state.

 

Listen in as Aaron and Robert talk about the National Practitioners Databank and delve into the importance of transparency in the medical field.

 

Visit the National Practitioners Databank website here: https://www.npdb.hrsa.gov/index.jsp

 

Remember to tune in every Friday for new episodes of Good Law | Bad Law!

 

Host: Aaron Freiwald

Guest: Robert Oshel

 

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Instagram: @GoodLawBadLaw

Website: https://www.GoodLawBadLawPodcast.com

00:0000:00

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Ben Geffen, an attorney at the Public Interest Law Center, to talk about the recent landmark “gerrymandering” case in Pennsylvania.  Ben is one of the lawyers behind this historic Supreme Court case.

 

This case, a blow to partisan gerrymandering, not only has led to a redrawing of the Congressional map in Pennsylvania, but may contribute to more wide-ranging political change in the midterm elections this November.

 

Throughout our conversation, Ben details the normal process in which Congressional district lines are redrawn every ten years after the census.  The census determines how many seats a state has in Congress based on population shifts since the previous census.  That information is used in the drawing of district lines to ensure that each district is given an equal vote.

 

The political party in charge of the state legislature always has the upper hand in how district lines change, but when redistricting becomes more overtly partisan and is done in a way to lock in one party’s electoral advantage over the other party, then that can be unlawful.   Partisan gerrymandering often uses  “packing and cracking.” As the lines are being drawn, the opposing party’s voters will either be “packed” into a single district, giving that party a major advantage, or “cracked”, meaning that they will be spread thinly and separated into surrounding districts.

 

Though this happens everywhere, Pennsylvania’s Republicans took redistricting to a new level of partisanship in 2011, the Supreme Court ruled a few weeks ago.  Since then, Republicans consistently have won 13 of the 18 seats in the state even though there were times when they only earned 48% of the votes.

 

In January, the PA Supreme Court ruled the Republican-drawn maps violated the Pennsylvania Constitution in favor of the Republican Party and ordered the district lines be re-drawn.  (Just last week, The U.S. Supreme Court rejected an 11th hour Motion to Stay filed by the Pennsylvania’s State Republican leadership.)

 

Listen in as Aaron and Ben discuss gerrymandering in the US, specifically how it is affecting PA and its districts, as well as Public Interest Law Center’s involvement in the case.

 

Click here to see the old and new district maps: http://www.philly.com/philly/news/politics/state/pennsylvania-gerrymandering-case-congressional-redistricting-map-coverage-guide-20180308.html

 

Remember to tune in every Friday for new episodes of Good Law | Bad Law!

 

Host: Aaron Freiwald

Guest: Ben Geffen

 

Follow Good Law | Bad Law:

YouTube: Good Law | Bad Law

Instagram: @GoodLawBadLaw

Website: https://www.GoodLawBadLawPodcast.com

00:0000:00

Load more