FindLaw's Don't Judge Me

This episode we look at the tax consequences of selling crypto, which can get very complicated very quickly. We also briefly discuss proposed regulations coming soon and why money laundering is a bad idea.

There is yet another Supreme Court opening with Justice Stephen Breyer retiring. This episode our hosts look back on Justice Breyer's legacy on the court. Then, we discuss the backgrounds and resumes of the potential nominees on President Biden's shortlist. Fast Facts: Biden's Short List to Replace Supreme Court Justice Stephen Breyer - FindLaw FindLaw Supreme Court Center: Supreme Court: Justices Without Prior Judicial Experience - FindLaw

We talk indirectly about the filibuster quite often on this show. This episode, we finally take the filibuster head-on. Our hosts discuss why we call it a filibuster (it involves pirates!), how it started (Aaron Burr, sir?), and the actual procedure involved to invoke the so-called "nuclear option" (it's complicated).

Virginia Giuffre's civil lawsuit against Prince Andrew is proceeding despite a non-disclosure agreement the British royal argued protected him from the lawsuit. On this Sidebar our hosts give a brief overview of the case and explain why the NDA was not the life preserver Prince Andrew was hoping for.

With drastic shifts in America's workplaces in recent years, it can be hard to stay on top of labor and employment laws. From increases in the minimum wage in many states and cities to big policy plans from the Biden Administration, learn what you need to know about the Fair Labor Standards Act (FLSA), worker classification, and overtime changes for the coming year. We accept tips, so if you have a topic you'd like us to discuss email [email protected] (we probably wouldn't refuse money, either).

Our new favorite holiday tradition is back! The DJM hosts share stories of lawyers who . . . well, could have made better decisions this past year. From a lawyer who really just wanted a career in the adult entertainment industry to even more head-scratching behavior from dear old Rudy, we relay a few of the most gobsmacking attorney follies, foibles, and flat-out criminal behavior of the past year.

Two recent cases provide good examples of how arguing self-defense works in homicide cases. Andy, Laura, and Joe go through the Rittenhouse trial step-by-step, highlighting key reasons the jury found that Rittenhouse acted in self-defense. Then, we contrast that case to the trial of Gregory and Travis McMichael, and their neighbor William Bryan, who were convicted for killing Ahmaud Arbery despite their self-defense claims.

There are a lot of hemp products out there. If you haven't quite figured out which ones are legal, you aren't alone. State legislatures and the federal government haven't quite decided yet, either. This episode Washington Assistant Attorney General Sierra McWilliams, who helped author the Cannabis Law Deskbook (available from Thomson Reuters) helps us understand this complex and emerging area of law.

Love the Federal Rules of Civil Procedure? We sure don't. Still, that doesn't mean lawyers can ignore them. Hosts Laura and Vaidehi give the play-by-play on recent developments in federal court over whether Trump can prevent the National Archivist from handing over documents to the House Select Committee investigating the January 6 riots. This includes some creative arguments that treat the FRCP more as suggestions than actual rules.

It's that time of year again when you shrug of the turkey-induced coma to go shopping on Black Friday. Is this year going to be different? Or will we see a fresh batch of clips on YouTube showing consumers' criminal behavior? On this very special holiday episode we discuss the ways people get into legal trouble on Black Friday.

Already a multi-billion dollar industry, sports betting - including online sports betting and daily fantasy sports - is growing by the day. What are the legal implications? And how did online gambling become legal? This episode we look at the messy history of sports betting and what to expect in the future.

We often tackle big topics on this show. Not this time. Laura recently finished watching Seinfeld for the first time, so we figured now would be a good time to yada yada about the most famous trial of the 90s. No, not OJ, but the trial that sent Jerry, Elaine, George and Kramer to prison in Seinfeld's last episode. We recommend listening with some soup and a muffin top.

Would-be presidential assassin John Hinckley, Jr. won his unconditional release in September. Now 66, Hinckley was found not guilty by reason of insanity in 1982 and spent decades at St. Elizabeth's hospital, a psychiatric facility in Washington, D.C. This episode we talk about Hinckley's fascinating case and explain what you need to know about the controversial insanity defense.

Chances are you already know all about the new Texas law that all but prohibits abortions in the state and puts enforcement in the hands of any civilian who has $300 to risk for the chance to recover $10,000. We take a few minutes to talk about the first plaintiffs seeking this bounty - both of whom are disbarred and out-of-state former attorneys.

There's been a lot of talk about judicial review lately. That the Supreme Court decides whether a law violates the Constitution is now largely unquestioned. But it wasn't always this way. This episode we go back and revisit the contentious election of 1800 and Marbury v. Madison, the decision that set the precedent for judicial review. Read a summary of the case on FindLaw's Supreme Court Insights.

Alex Murdaugh has been criminally charged for planning his own death so his son could get the proceeds of his insurance policy. But the plan backfired, leading to more trouble for an already beleaguered family. Insurance fraud is just the tip of the iceberg. Andy and Laura tell you the hard-to-believe story of the Murdaugh family in this sidebar episode.

Experienced Washington landlord/tenant attorney Jesse Matsukawa sits down with Andy and Vaidehi to discuss the end of the rent moratorium. What does it mean for struggling renters? What are their legal options if behind on rent? A must-listen for anyone worried about eviction.

Local governments, large employers, and now the federal government are instituting vaccine mandates even as some states are taking the opposite approach. We examine the current state of vaccine mandates and discuss Supreme Court precedent on their constitutionality.

The White Earth Band of Ojibwe recognized the rights of wild rice under tribal law in 2018. Now, wild rice is the plaintiff in a lawsuit in tribal court against the Minnesota Department of Natural Resources, claiming a proposed oil pipeline violates its rights. Other tribes, communities in the U.S., and countries have given legal rights to waterways and ecosystems. Will a river or edible plant ever have standing to sue in U.S. courts?

We're back at the U.S.-Mexico border, this time to discuss firearms smuggling. Mexico is suing multiple prominent U.S. gun manufacturers in federal court, alleging negligence and other torts. Does the lawsuit have a chance at succeeding on the merits? We discuss the background of the case, what Mexico's aims are with the lawsuit, and the PLCAA, the federal law that has historically prohibited nearly all lawsuits against gun manufacturers.

Court sanctions were not enough to prevent attorney Richard Liebowitz from filing lawsuit after lawsuit on behalf of photographers alleging copyright infringement. The problem is Liebowitz also routinely falsely claimed his clients registered their copyrights prior to filing lawsuits, lied to the court, and violated several court orders, ultimately leading to his disbarment. Is Liebowitz a crusader for justice (at least in his own mind) or just another copyright troll?

SCOTUS has been handing down summary decisions without public deliberation (sometimes in the middle of the night) regularly for the last several years. Law professor William Baude coined these procedurally variant decisions the Supreme Court's "shadow docket." FindLaw's new Sr. Editor Vaidehi Mehta joins the show for the first time to offer a look at what the shadow docket is and how the increasing use of the practice is raising questions. Laura's blog on the Supreme Court's 2020 term is here: https://bit.ly/2XnuVxH

We're back with Paul Hjellming, our former sound engineer, who has some . . . interesting legal takes he pulled from Twitter. We talk about why juries don't get transcripts of witness testimony and other court proceedings and whether it's legal for retailers to deny cash payments. All this while doing an admirable job of withholding judgment of the Twittersphere. For the most part.

In the wake of the pandemic a lot of people are starting their own businesses and side hustles. We talk to prominent IP attorney and Super Lawyers Rising Star Francesca Witzburg about the basics of trademark, copyright, and why it's important for businesses large and small to protect their intellectual property. You can get more info directly from Francesca by visiting her on Instagram @thetrademarkattorney

Turns out, Britney Spears' conservatorship arrangement really is as bad as some of the internet thought it was. On this sidebar episode we revisit developments in the case.

College sports is evolving rapidly. Catch up with us on the latest legal developments, including the latest SCOTUS decision on education-related benefits and the debate over players profiting off of their name, image and likeness.

Andy fills us in on Kim K's struggles with the so-called "baby bar." We discuss what progress she's making and how the process works when you try to become a lawyer without going to law school.

We're back with another controversial topic, this time discussing the recent Supreme Court case holding that people in the U.S. granted Temporary Protected Status cannot seek green cards. We also discuss the ever-changing policies regarding asylum seekers at the U.S.-Mexico border.

Paul Hjellming, our previous sound engineer, stops by with a pressing legal question about the Fairness Doctrine. We dust off the 50 year-old legal encyclopedias from our bookshelves and discuss what it was, why journalists hated it, and how much fun it is to read #BadLegalTakes on Twitter.

When it comes to HIPAA, we're not sure that word means what a lot of people think it means. This episode we talk about what HIPAA actually protects you from and how most business' current COVID policies don't violate federal law.

Scott Peterson's conviction for the murder of his wife and unborn son's in 2004 is in doubt. In 2020, the California Supreme Court overturned his death sentence. Now, he may get another opportunity to prove his innocence in an entirely new trial. For background information on the case read Laura's blog.

A trial underway against AmerisourceBergen, Cardinal Health and McKesson for their roles in the opioid crisis could have a significant impact on settlement negotiations and future trials. We discuss, plus we give a quick primer on what multi-district litigation (MDL) is. If you're listening because a loved one died from opioid addiction, here is a list of attorneys in your area you can talk to about pursuing a claim.

Strange things happen around Robert Durst, including three murders. Now, the heir to a real estate fortune is once more on trial for murdering Susan Berman. You can also get some background on the case by reading Laura's blog.

Wondering what Derek Chauvin's sentence is going to be? What is a Blakely motion, and how will it impact Chauvin's sentence? We discuss and provide some background on Minnesota sentencing laws.

Is posting nude photos of a member of Congress protected speech? We discuss updates to Katie Hill's lawsuit against The Daily Mail.

The Supreme Court has not weighed in much on the extent of the rights granted under the 2nd Amendment. That may soon change. Join us for a discussion on the hugely important and grammatically challenging 2nd Amendment. We talk about established law, upcoming cases, and potential legislation in the works.

If you are a 26 year-old quarterback phenom in the NFL with a contract worth hundreds of millions, life's pretty good. Unless you are also facing dozens and dozens of lawsuits alleging sexual misconduct, in which case you might lose your money, your job, and your fans. We outline the lawsuits against Watson and the NFL's likely response considering the league's player conduct policy.

Why the controversy over Georgia's recently passed voting law? We discuss in the context of historical attempts at voter regulation, including Jim Crow laws, and what other state legislatures are contemplating in the near future. You can also read a brief explanation of the law by FindLaw's Richard Dahl: Georgia's New Voter Restriction Law Prompts Angry Response

Fans of the show will remember our discussion of Lenny Dykstra, the MLB player with so poor a reputation he could not be defamed. Now, we have Sidney Powell, the attorney who makes such untrustworthy statements she cannot possibly be a defamer. At least, that's her argument in court after she was sued for over one billion dollars for her claims regarding election fraud.

The nation is focused on the trial of Derek Chauvin, the former Minneapolis police officer on trial for the death of George Floyd. What are the specific charges facing Derek Chauvin under Minnesota law? What's the difference between first, second, and third degree murder charges? Join us as we make sense of this complex area of criminal law in the context of one of the most notable criminal trials in some time.

What better way to get through the isolation of social distancing than through a pet? Pet ownership and adoption are on the rise. But while that new dog or cat may be your legal property, you still have legal obligations toward them. This episode, we discuss the phenomenon of pandemic pets, as well as what to do if you've bitten off more than you can chew in getting a dog, a cat, or something more exotic during the pandemic. Read more about the phenomenon of abandoned pandemic pets on our blog.

All you need is love . . . and food, water, electricity, plumbing, and a number of other essentials. When one of these are in short supply, such as during the recent winter storm in Texas, suppliers can take advantage. This episode is all about price gouging and the laws against it. Extra points if you listen during a run to stock up on toilet paper.

Is Britney Spears practically a prisoner? Or are concerns over her conservatorship being blown out of proportion? The only thing we know for sure is that her fans remain passionate about the singer's life - including her latest courtroom drama.

There's a lot of talk about Section 230 on the internet. Unfortunately, much of it is nonsense. Here's a concise summary of Section 230 and what reform might actually mean for those political rants on social media. More reading: Federal Court Rejects Challenge to Online Censorship Executive Order After Executive Order Condemning Online Censorship, Should Social Media Companies Fear Liability?

We're not actually going to give you advice on how to get away with murder. We'll leave that to a Nashville attorney who was recently suspended for advice left on Facebook on how to make a premeditated murder look like self-defense.

It's a free country, you can't stop us from saying whatever we want. Except for Facebook, YouTube, and every single other social media platform if we violate their terms of service. We're confident that after this episode no one will ever again complain about their First Amendment rights on social media.

The antics didn't end with the Netflix special. Laura catches us all up on Joe Exotic's legal shenanigans, which are going about as well as his other endeavors did.

States are taking drug policy into their own hands. Meanwhile, federal policy refuses to shift along with public opinion on marijuana legalization and the decriminalization of controlled substances. Can we anticipate federal changes with a new administration? For more information about the Third Circuit case holding that a proposed drug safehouse in Philadelphia violates federal law, check out the article on FindLaw.

Welcome to Sidebar, a Don't Judge Me bite-sized episode. This time we discuss New Year's resolutions and some promises regarding the podcast you are free to hold us accountable for.

Imagine living in a dystopian future world where technology has created more problems than it has solved. Yeah, wasn't hard for us, either. Still, people were looking forward to playing the highly anticipated video game Cyberpunk 2077 before its disastrous launch. Now, the developer is being sued for disappointing fans and shareholders alike. That's only the tip of the iceberg when it comes to litigation in the gaming industry. That's right, since nothing else of note is going on, we figured we'd discuss what gaming industry giants are doing in court with all that money you gave them over the holidays. Related Reading: Justice Dept. Decides It's Finally Time to Enforce Antitrust Laws After 20-Year Hiatus Will Upcoming Battle Royale Against Google and Apple Finally Lead to App Store Changes?