Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by writer, lawyer and venture capitalist, Bruce Gibney, to address the issue of pervasive dysfunction in the legal system and his new book on this subject, “The Nonsense Factory: The Making and Breaking of the American Legal System.”

 

After a brief stint as a corporate lawyer, Bruce turned to investing in companies, following his successful and early involvement in PayPal.  As a client, he gained a different perspective on lawyering and the law.  From there, he turned his focus to the legal system overall, from the way lawyers are educated, to the ways judges and prosecutors and members of Congress, and the institutions they are part of, fail to deliver on the lofty goals for the law:  fairness, justice and equality. 

 

Bruce attacks each of the major areas of our legal system with incisive criticism and also with wit, which makes the book a fun and informative read.  In conversation, Bruce brings the same mix:  cutting critique but also innovative suggestions for how each institution in our legal landscape could improve to better serve the goals of our democracy. 

 

To purchase Bruce's Book visit: https://www.amazon.com/Nonsense-Factory-Making-Breaking-American/dp/0316475262

 

Enjoy the episode and please share your own thoughts.  What do you think works and doesn’t work in our legal system? What do you think could be done to make improvements? 

 

Host: Aaron Freiwald

Guest: Bruce Gibney

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorney Etan Mark of Mark, Migdal and Hayden, to discuss Herbalife and the ongoing litigation his firm is pursuing regarding the company as an alleged pyramid scheme.

 

A publicly traded, international corporation, Herbalife is considered a “Multi-Level Marketing” company; the heart of the business is in its branding and selling methods, as opposed to its products which include generic health and wellness items, such as shakes and vitamins. Just as the FCC has found fault with Herbalife and its business practices, Etan’s litigation is based on the notion of fraud and its inadequate disclosures. Herbalife denies the allegations in the class action lawsuit.

 

In today’s episode, Aaron and Etan discuss the various definitions of pyramid and ponzi schemes, as well as how these ideas are closely associated with the Herbalife brand. Etan’s firm specializes in complex commercial litigation, including the area of consumer advocacy. Listen in as Etan and Aaron break down the claims against Herbalife and expose perhaps some of the seemingly more unsavory business practices of Herbalife and companies like it.

 

Enjoy the episode and tell us your thoughts, what do you think of Herbalife? And furthermore, what do you think should be considered a pyramid scheme?

 

Host: Aaron Freiwald

Guest: Etan Mark

 

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80 cents?   That’s what women, on average, earn compared to men in comparable jobs. 

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Lucy Marsh, from the Sturm College of Law at the University of Denver, to discuss the gender pay gap.

 

Although women have made a lot of progress in narrowing the pay gap over the last several decades, the disparity in pay remains a real and costly problem.  For women of color, the pay gap is even greater. 

 

Professor Marsh did her part, taking on the University of Denver in a lawsuit challenging the significant pay difference between male and female law professors.  She won her case, reaching a settlement that should address the historic under-compensating of female profs.  Beyond her own experience, Professor Marsh offers insight and encouragement to other women to step forward and speak out against pay inequality in the workplace.

 

Enjoy the episode and please tell us your thoughts.  How do we close the pay gap and ensure everyone is compensated fairly for their work?

 

Host: Aaron Freiwald

Guest: Lucy Marsh

 

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Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Dan McConkie to talk about the Jussie Smollett hate crime/hoax case.

 

As former state and federal prosecutor in California for eight years, Professor McConkie brings a keen insight to the story and the broad implications of this much-publicized and controversial case.  By now most of us are familiar with the Jussie Smollett incident; if not, you can find some background here.

 

Smollett, an actor on the Empire TV show on Fox and a singer, last January claimed he was the victim of a hate-inspired assault in downtown Chicago.  He set off a massive police investigation and inspired nationwide support, particularly because the two “assailants” supposedly hurled racial and homophobic insults while invoking President Trump’s “Make America Great Again” slogan.  Then the investigation shifted its focus to Smollett himself.  In March, he was charged with 16 felony counts related to making false report to the police.  In short, Smollett was charged with a hoax.  Just two weeks later, in a quiet, secretive proceeding in court, the Chicago County Attorney dropped the charges.  Yet, Smollett was not exonerated.

 

What the hell happened?  Professor McConkie and Aaron work through the underlying facts to sort out the details before turning to questions about the impact of this.  What about real hate crimes and the rise of such violence in our country?  Was the County Attorney’s decision to drop the charges just a case of routine prosecutorial discretion?  Did she handle herself in a responsible and ethical way?

 

With all of the twists and turns and resulting opinions on why he was allowed to walk away free and clear, we ask the question, how will it affect public trust in law enforcement and the criminal justice department?

 

What do you think? Let us know in the comments below.

 

Host: Aaron Freiwald

Guest: Dan McConkie

 

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Website: https://www.law-podcast.com

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Nancy Kim, a la professor at California Western School of Law at San Diego and author of the new book, Consentability.

Consent is something that we sometimes think of as straightforward, but is it actually? Is it really a matter of yes or no? Consent can be complex with many underlying factors and influences. While the issue of consent in sexual relationships has been much in the news, consent affects many different areas of our lives and can sometimes be challenging to navigate. What constitutes consent? What is “consentability?” In today’s episode, Aaron and Professor Kim address these questions and more, talking about the various “contours of consent” and how they apply to the law.

 

Nancy’s primary research focuses on contracts and technology, specifically the way in which technology has shaped and is shaped by the law. In her new book, Consentability: Consent and its Limits, Professor Kim delves deep into the questions of consent and whether or not there are things in life to which we actually can’t consent for one reason or another.

 

A fascinating episode, listen to learn more about consent and the many ways it affects our life and check out Professor Kim’s book: https://bit.ly/2PhuYDb for the full story.

Host: Aaron Freiwald
Guest: Nancy Kim

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Website: https://www.law-podcast.com

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