In the Public Interest

In this episode of In the Public Interest, host Felicia Ellsworth interviews Brendan McGuire, who recently rejoined WilmerHale after serving as chief counsel to New York City Mayor Eric Adams and City Hall. McGuire discusses his experience in the Adams Administration, including the challenges emerging from COVID, the New York City Legal Fellows Program and the asylum seeker crisis. He also reflects on his prior experience as chief of the Public Corruption Unit at the US Attorney’s Office for the SDNY and how it influenced his decision to join the Adams Administration. McGuire discusses his return to WilmerHale and how his experience in the mayor’s office will contribute to his private practice.

Senior International Counsel Ambassador Robert Kimmitt joins In the Public Interest host Felicia Ellsworth to talk about his storied career in public service. Through his service as the first General Counsel of the National Security Council, the first American Ambassador to a united Germany in over 50 years, General Counsel and Deputy Secretary of the Department of the Treasury, Under Secretary of State for Political Affairs, and more, Ambassador Kimmitt has played a leading role in some of the most high-profile international events in recent history, and he shares that perspective with listeners.Ellsworth and Kimmitt also discuss his private practice at WilmerHale, including how he and the firm have become go-to resources for journalists and others who have been taken hostage in difficult countries around the world. He shares the role he played in bringing home The Washington Post reporter Jason Rezaian, among others.

In this episode of In the Public Interest, podcast co-host Felicia Ellsworth sits down with WilmerHale Partner Lisa Pirozzolo to discuss a pro bono matter in which the City of Boston agreed to pay $2.6 million to settle a longstanding federal discrimination lawsuit. The lawsuit, which was initially filed nearly 20 years ago, alleged that a hair test used by the city to identify drug use on its police force was discriminatory, unreliable and scientifically flawed. Ellsworth and Pirozzolo are joined by two of the plaintiffs in the case, Keri Hogan and William Bridgeforth (“Bridgy”), as well as Oren Sellstrom, Litigation Director at Lawyers for Civil Rights, who, alongside WilmerHale, represented the plaintiffs in this matter.Keri and Bridgy share their experience with the hair test, the very real impact it had on their careers and lives, how they got involved with the lawsuit, and what the settlement means to them. Sellstrom and Pirozzolo discuss the background of the test and why it is flawed, and what this settlement means for others.

In this episode of In the Public Interest, podcast co-host Michael Dawson sits down with WilmerHale Partner Ariel Soiffer to discuss the current artificial intelligence (AI) landscape. Ariel shares his perspective after working for over 20 years in AI-related fields and advising clients on technology-related transactions. Together, Ariel and Michael break down the history of AI, the progression of its capabilities and the impact these enhancements are having on transactional law. They discuss key legal developments and corporate governance challenges surrounding AI, and how lawyers, regulators and businesses can navigate them strategically. Ariel also shares the benefits and potential risks of AI, and what in-house counsel needs to know when considering or implementing new AI technology.

In the Public Interest is excited to present its second annual miniseries examining notable decisions recently issued by the US Supreme Court. In this episode, co-host Michael Dawson is joined by WilmerHale Senior Counsel Julie Williams, former Chief Counsel and First Senior Deputy Comptroller at Office of the Comptroller of the Currency, to discuss the recent decision in Cantero v. Bank of America, which involves the preemption of state consumer protection laws by the National Banking Act. Dawson and Williams discuss the factual and legal background of the case, the different standards of preemption applied by the lower courts and the Supreme Court, the implications of the decision for the banking industry and consumers, and the possible next steps in the litigation.

In the Public Interest is excited to continue its second annual miniseries examining notable decisions recently issued by the US Supreme Court. In this episode, co-host Felicia Ellsworth is joined by Deputy Director for the ACLU’s Voting Rights Project and former WilmerHale Litigation Counsel Adriel Cepeda Derieux to discuss the recent decision in Alexander v. South Carolina State Conference of the NAACP. This decision concerns the constitutionality of South Carolina’s new congressional map and analyzes whether race was the predominant factor that motivated the state legislature’s decision to move voters within or without a particular district. Ellsworth and Cepeda Derieux share background on the case and how South Carolina specifically demonstrated hallmarks of racial gerrymandering. They also discuss how the Supreme Court’s decision could make it difficult going forward to successfully prosecute cases of gerrymandering in regions with high rates of racial polarization. Cepeda Derieux also gives his thoughts on the current state of voting rights and what other developments we could expect to see on the topic of redistricting from the Supreme Court.

In this episode, co-host Michael Dawson is joined by Noah Rosenblum, an assistant professor of law at NYU and former WilmerHale summer associate, to discuss the Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy. The case concerns whether the SEC has the authority to seek civil penalties against an individual before an administrative law judge rather than before an Article III-appointed judge and a jury of the individual’s peers. As a result of the Court’s decision, the SEC may no longer rely on its administrative forum to seek civil penalties for alleged violations of securities laws. Dawson and Rosenblum give a timeline of events that led up to the Supreme Court case, with Rosenblum breaking down how the majority and dissenting opinions diverge. Leveraging his background as a legal historian, Rosenblum provides historical context and explains how applying a traditional Constitutional interpretation to the case increases its complexity. Dawson and Rosenblum also discuss the long-term impact this case could have, highlighting how the final ruling leaves many unanswered questions that could pose challenges in interpreting future decisions. This episode is the latest installment of our miniseries examining notable decisions recently issued by the US Supreme Court. Previous episodes covering this year’s term looked at the decisions in Cantero v. Bank of America and Alexander v. South Carolina State Conference of the NAACP.

In this episode of In the Public Interest, co-host Felicia Ellsworth is joined by WilmerHale Partner Lee Greenfield to discuss the Supreme Court’s recent decision in Department of State v. Muñoz. The case concerns the due process rights of US citizens if their non-citizen spouses are denied entrance to the country and what impact this has on the right to marriage. Ellsworth and Greenfield cover the origins of the case and how it evolved from a lawsuit pertaining to the Fifth Amendment rights of an individual plaintiff, Sandra Muñoz, into a larger conversation around the right to marriage as defined in cases such as Obergefell v. Hodges. Greenfield lends an added perspective from his direct involvement with the case, explaining how he came to file an amicus brief on behalf of 35 members of Congress in support of Muñoz.This episode is the latest installment of our miniseries examining notable decisions recently issued by the US Supreme Court. Previous episodes covering this year’s term looked at the decisions in cases including Cantero v. Bank of America, Alexander v. South Carolina State Conference of the NAACP and Securities and Exchange Commission v. Jarkesy.

In this episode, co-host Michael Dawson and Partner Kelly Dunbar discuss Loper Bright Enterprises v. Raimondo, the recent decision that overturned Chevron v. Natural Resources Defense Council. In the initial 1984 decision, the Court determined that when an agency is tasked with enforcing an ambiguous statute with more than one reasonable interpretation, a court reviewing the agency’s action must defer to the agency’s reasonable interpretation of the statute. This latest decision requires courts to make those interpretations instead, with potentially far-reaching effects on agencies across the country. Dawson and Dunbar share the original intent of Chevron and how it came to form a bedrock of administrative law. Dunbar also explains why the Court found it necessary to overturn the decision after 40 years and the unanswered questions left in the wake of the case. Dawson also questions the impact the case will have on both the public and private sector, and specifically if Congress will shift how it legislates in order to avoid potential ambiguity. This episode is the latest installment of our miniseries examining notable decisions recently issued by the US Supreme Court. Previous episodes covering this year’s term looked at the decisions in cases including Cantero v. Bank of America, Alexander v. South Carolina State Conference of the NAACP,  Securities and Exchange Commission v. Jarkesy and Department of State v. Muñoz.

In this episode, co-host Felicia Ellsworth and Counsel Ryan Chabot discuss United States v. Rahimi, a recent decision that concerns the constitutionality of 18 U.S.C. § 922(g), a statute which prohibits individuals who are subject to domestic violence restraining orders from possessing firearms. Key foundational support for Rahimi was established in New York State Rifle & Pistol Association v. Bruen, a 2022 Supreme Court decision which enacted a test for Second Amendment challenges. The final decision in Rahimi, along with Bruen, provides the courts with a framework for determining what gun control laws are constitutional, and stands as a significant decision for ongoing Second Amendment litigation. Ellsworth and Chabot dive into the details of both Bruen and Rahimi, with Chabot explaining the historical intricacies of interpreting and litigating Second Amendment cases. He also speaks to the amicus brief he filed with Partner Alan Schoenfeld and Associate Josh Feinzig on behalf of Everytown for Gun Safety, a nonprofit that advocates for gun control and against gun violence. The organization was in support of the federal government’s position that the statute at issue is constitutional and saw a sweeping victory in its favor in the Court’s final ruling.This episode is the latest installment of our miniseries examining notable decisions recently issued by the US Supreme Court. Previous episodes covering this year’s term looked at the decisions in cases including Cantero v. Bank of America, Alexander v. South Carolina State Conference of the NAACP, Securities and Exchange Commission v. Jarkesy, Department of State v. Muñoz and Loper Bright Enterprises v. Raimondo.

As governments globally resort to more muscular uses of economic tools, such as sanctions and export controls for national security and foreign policy purposes, international trade has become increasingly complex. In this episode of In the Public Interest, podcast co-host Felicia Ellsworth speaks with WilmerHale Partner Neena Shenai, a leading economic sanctions and export controls attorney. Shenai holds over 20 years of experience in global cross-border activities and policy, and has served in numerous high-ranking legal and advisory positions in both the private and public sector.Ellsworth and Shenai discuss the current state of the trade world and the impact of geopolitics, the upcoming US election, and other trends in practicing trade law and advising on risks and opportunities in global business. They also touch on Shenai’s diverse range of experiences that have contributed to her specialized practice, including what drew her to the field of international trade. In addition, Shenai shares her experiences as a woman in the legal industry and as mentor to up-and-coming legal professionals, and gives advice to those who are just beginning their careers.

When it comes to protecting the nation’s public lands, the work of the Department of the Interior (DOI) is crucial and all-encompassing. The Department oversees everything from environmental conservation efforts to energy regulation to strengthening relationships with Native American and other indigenous tribes. In the fourth season finale of In the Public Interest, co-host Felicia Ellsworth speaks with WilmerHale Partner Tommy Beaudreau, the current co-chair of the firm’s Energy, Environment, and Natural Resources and Native American Law Practices. Beaudreau’s career spans nearly a decade of experience in public service, serving in two presidential administrations in various positions within the DOI. Most recently, he was Deputy Secretary of the Interior in the Biden Administration under Secretary Deb Haaland, the first Native American Cabinet secretary in American history.Beaudreau shares how his experience growing up in Alaska and his connection with his home state drove his passion to serve in the public sector. He tells Ellsworth about the leadership of Secretary Haaland, and how she has made strides to build connections with tribal nations and help them heal from a traumatic history of colonization. The two also discuss various challenges he faced during his time in the Department, from the stabilization of the Colorado River to working with tribes and other stakeholders to enforce the Native American Graves Protection and Repatriation Act.

In the run up to the 2024 presidential election, the concern with outside interference in our elections and the political debate surrounding them has never been higher. In this environment, we thought it would be a good time to re-release a podcast episode from season one on deepfakes and disinformation, which was originally released in March of 2021. Please listen to former podcast co-host and current candidate for Denver District Attorney John Walsh, Partner Jason Chipman, former counsel Matthew Ferraro, and Nina Schick, who discuss the phenomenon of deepfakes and the implications they have on society as a whole.

As we celebrate the holiday season, we thought we'd revisit one of our fun, festive episodes about singer/songwriter Elizabeth Chan, who successfully opposed Mariah Carey's attempt to register the trademark, "Queen of Christmas." Originally released as part of season three back in December 2022, Chan joins Partner Louis Tompros, former Associate Hailey Cherepon and co-host Felicia Ellsworth to discuss what opposing this trademark registration means for the freedom of expression of Chan and other holiday artists.

We’re pleased to announce that the firm’s podcast, In the Public Interest, will return for a third season! Tune in to hear a preview of what to expect this season from our hosts, WilmerHale Partners John Walsh and Felicia Ellsworth. Season Three will kick off with an episode featuring Elizabeth Chan, a full-time Christmas songwriter who recently prevailed in a trademark battle over Mariah Carey. Partner Louis Tompros will join Chan to speak with Ellsworth about the case and Tompros’s experience representing Chan before the Trademark Trial and Appeal Board. Later this season, join Walsh and Ellsworth as they catch up with several high-profile WilmerHale alumni. They’ll also hear from other notable figures involved in some of the most important issues of the day, from the state of reproductive rights following the US Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization to the regulatory landscape of cannabis legalization.

In 2021, Mariah Carey’s company Lotion LLC applied to register the trademark “Queen of Christmas” for future use on a vast range of products, including music, perfume, sunglasses and coconut milk. Elizabeth Chan, a singer and songwriter who exclusively writes and sings holiday music, filed an opposition to block Carey’s registration in August 2022. Chan herself had been dubbed the “Queen of Christmas” by the media in 2014 and has embraced and used the title ever since, including publishing a “Queen of Christmas” album.In this episode, co-host and Partner Felicia Ellsworth is joined by Chan, along with fellow Partner Louis Tompros and former Associate Hailey Cherepon to discuss their experience working with Chan on her successful opposition to Carey’s attempted trademark registration. Tompros is an intellectual property litigator who has handled some of the most challenging patent, trademark and copyright matters for high-profile clients in technology, manufacturing and entertainment. Along with Tompros and Cherepon, the WilmerHale team who represented Chan included Partners Kevin Prussia and John Hobgood.Chan shares the story of her journey to becoming a full-time Christmas songwriter and singer. Later in the episode, Tompros breaks down the intricacies of opposing a trademark registration and how WilmerHale helped Chan clear the path for herself—but more importantly, for others—to freely use the title “Queen of Christmas.”

In June 2022, the US Supreme Court issued a landmark decision in Dobbs v. Jackson Women’s Health Organization, reversing Roe v. Wade and holding that the US constitution no longer includes a right to abortion. The Court’s decision left states with full authority to regulate – or eliminate -- abortion access. In Season Two of In the Public Interest, WilmerHale Partner Kim Parker spoke with Helene Krasnoff, Vice President of Public Policy, Litigation and Law at Planned Parenthood, to preview the potential outcomes in Dobbs and their potential impact on reproductive rights in the United States. Parker is vice chair of the firm’s Litigation and Controversy Department and has represented Planned Parenthood and other reproductive health providers in a number of legal challenges. She also serves as co-chair of WilmerHale’s Pro Bono and Community Service Committee.In this follow-up episode, In the Public Interest welcomes back Parker and Krasnoff, along with Dr. Kristina Tocce from Planned Parenthood of the Rocky Mountains, to revisit the status of reproductive rights in the US, post-Dobbs. Parker, Krasnoff and Dr. Tocce discuss the legislation and litigation across the US that has resulted from the Court’s decision in Dobbs, including so-called “trigger bans” in place in a number of states. Krasnoff and Dr. Tocce share their perspectives on the burdens placed on patients seeking abortion care in states where abortion is now banned and how these burdens also impact other patients who live in states where abortion access is protected. And they discuss how a federal abortion ban, if enacted, would impact abortion access in the US.

In late February of 1965, Malcolm X was murdered at the Audubon Ballroom in Harlem, New York. In the days after the famous civil rights leader’s assassination, three men were arrested and charged with his murder. All three men were later convicted on those charges, despite testimony that two of those men, Muhammad Abdul Aziz and Khalil Islam, were innocent. In the years since, Aziz and Islam steadfastly maintained their innocence, and in 2020, The Innocence Project took up their case. Nearly five decades later, Aziz and Islam were exonerated in November 2021, after The Innocence Project successfully urged Manhattan District Attorney Cyrus R. Vance Jr. to reinvestigate the case.In this episode, In the Public Interest co-host John Walsh invites WilmerHale Partner April Williams to share the story of her involvement in The Innocence Project’s efforts to exonerate Aziz and Islam. Williams focuses her practice on complex civil and criminal litigation and maintains an active pro bono practice, including her work with a team of WilmerHale lawyers supporting The Innocence Project on this case. Vanessa Potkin, director of special litigation at The Innocence Project, joins Walsh and Williams for an in-depth discussion of The Innocence Project’s work to exonerate the two men. Walsh, Williams and Potkin revisit the political tensions swirling around the time of Malcolm X’s murder and the specific events leading up to his assassination on the afternoon of February 21, 1965. They discuss the thorny legal issues involved in seeking to overturn a decades-old conviction and how a newly discovered evidence law in New York formed the legal grounds that ultimately led to Aziz and Islam’s official exoneration. The episode wraps up with Potkin sharing how racial disparities in the criminal justice system are also borne out in wrongful convictions, with Black individuals making up nearly half of known exonerations.

In the wake of Russia’s invasion of Ukraine in the early months of 2022, a spate of countries, including the United States, have imposed several packages of sanctions on Russia and Russian officials. These sanctions ranged from bans on the provision of various types of professional services in Russia to prohibitions on oil imports and trading of petroleum products from Russia. In this episode, In the Public Interest co-host Felicia Ellsworth is joined by Counsel Georgia Tzifa and Mariia Shulha, a Ukraine-trained lawyer at WilmerHale, who both focus their practices primarily on international trade matters. Shulha had lived and worked in Kiev for five years until she was forced to leave her home and resettle in Brussels after Russia’s invasion of Ukraine in 2022.Ellsworth, Tzifa and Shulha discuss WilmerHale’s work advising clients on sanctions compliance. They talk through the scope of the sanctions imposed by Western countries following the 2022 invasion of Ukraine and the differences between these recent sanctions and previous sanctions levied in response to Russia’s annexation of Crimea in 2014. Shulha also shares about her background as a lawyer who cut her teeth in international trade law through government service and how her experience living through Russia’s invasion of Ukraine has informed her private practice at WilmerHale.

In the Public Interest is pleased to welcome Preet Bharara, former US Attorney for the Southern District of New York and current partner at WilmerHale. Bharara, who joined the firm in June 2022, is also a legal analyst for CNN and host of his own podcast, “Stay Tuned with Preet.” Since joining WilmerHale, Bharara has focused his practice on investigations and criminal litigation matters. In this episode, Bharara sits down with In the Public Interest co-host John Walsh to talk about his journey to becoming a leader in the legal profession and the experiences that shaped his unique and storied career. Bharara discusses the incident that vaulted him to the national stage and what drove his headline-making refusal to return a phone call from a newly inaugurated President Trump. Walsh and Bharara share their views on the role of lawyers in supporting our constitutional system and what it means to “do justice,” which Bharara describes as “doing the right thing, in the right way, for the right reasons.” The episode wraps up with Bharara reminiscing on the cases that most heavily influenced his enduring commitment to the pursuit of justice.