Buckle up, everyone! The Non-Billable Hour crew is coming in hot for 2025 by covering the biggest news story of the year so far (no, not the second inauguration of Donald Trump). In a special TWO-PARTER, we are covering the best celebrity defamation lawsuit since Depp v. Heard, likely to be shortly eclipsed by Drake v. Lamar et al. (cue smiling Kendrick Lamar). After a bit of a break, Beth takes us through Blake Lively’s allegations of sexual harassment and breach of contract against Justin Baldoni and his troop of misfit toys on the set and during the promotional tour of the movie adaptation of It Ends With Us, the adaptation of Colleen Hoover’s bestselling novel. You’ll learn a second definition for astroturfing, how much it costs to take down an A-list celebrity (shockingly affordable!), and why you should live your life like everything you write will be read in a deposition (or screenshot and put into a complaint). Beth will try not to get too high on her soapbox as she discusses non-consensual improvised kissing. Yet another #metoo story for all!
The NBH Team is back. Sort of. Kind of. Well. 1/3 isn't too bad! No - Joe is here to give everyone an update on the podcast, the reason for our short hiatus (see: preventing burnout), as well as some changes to the podcast (new release date (TUESDAYS LFG!), recording schedule (EVERY 2 WEEKS LET'S GOOOO!) and release schedule (EVERY 2 WEEKS LE-yeah, I can't keep up typing let's go in all caps three times in a row, it's, well, it's a lot). Anyway, the next full episode of the NBH Podcast releases next week, 2/4/25 - Don't miss it! In the meantime, take a listen to some of the team's past episodes!
The NBH Team take a detour from talking about the law to to deck the halls with some jolly by sharing their favorite Christmas/Holiday films with the listeners! Dan, Beth, and Joe's Top 5 Christmas/Holiday Movie Lists will help to make your season bright by highlighting a mix of classics and modern films, comedies and heartwarming dramas, and generally good movies. You better watch out and you better not cry when Beth sneaks in a few of her favorite "Christmas Horror" films at the end, which she added for some variety. So, as you and your families begin (or continue) your Christmas Vacation (yup, it's a song AND a movie), there's no better way to do so than by watching some (or all!) of the movies on our lists. From all of us at the Non-Billable Hour Podcast, Merry Christmas, Happy Hannukah, and Happy Holidays. We wish you all a hapy and blessed New Year.
Dan, Beth, and Joe try their hand at an interview! Senior Mediator, the Honorable Judge Lorna Propes (Ret.), was kind enough to join the Nonbillable Hour Podcast to discus her life and career as an attorney, judge, and now mediator. Judge Propes received her B.S. from Indiana University, Bloomington and her Master’s Degree in Secondary School Guidance from Columbia University. Judge Propes graduated from Loyola University Chicago School of Law and then began her legal career as a Cook County State’s Attorney, where she remained for several years, before transitioning to private practice. In 2010, she was appointed to a circuit judgeship in Cook County, in the 1st Municipal District. In November 2012, she was elected to a full six-year term. In February 2013, she was reassigned to the Law Division’s trial section, where she presided over jury trials in tort and breach of contract cases. While on the bench, Judge Propes was a member of the Judicial Conference of Illinois. After nearly thirteen years on the bench, Judge Propes retired from judicial service on January 27, 2023. She currently serves as a Senior Mediator at ADR Systems, using her 32 years of legal experience as a trial lawyer and nearly 13 years as a trial judge to successfully mediate a variety of matters. To learn more about Judge Propes, you can click here: https://www.adrsystems.com/neutral/hon-lorna-e-propes-ret/
Can you believe it? We’ve reached twenty episodes so far! Wow! As a gift to the listeners, Dan, Beth, and Joe get into the holiday spirit and talk about several holiday centric cases! The NBH Team goes dashing through the desert sands of Arizona (Christmas capital of the United States (source: trust us, bro) all the way to the middle of Michigan, before finally ending up on the Upper East Side of New York. You’ll learn that folks like Sheriff Joe Arpaio (yeah, that guy) loved Christmas music so much that he decided to torture inmates for 12 hours straight by playing it on repeat. You’ll also find out that Anthrax (the band) actually consists of entrepreneurs – not just artists. You’ll hear about a Menorah display that annoyed a Flagstaff, AZ resident. And, finally, about the feud between two neighbors in NYC who had nothing better to do than…well…feud. Anyway, from all of us at the Non-Billable Hour Podcast, have a fantastic Christmas, a wonderful Hanukkah, and a happy holiday season.
This is the episode where Dan takes Beth and Joe, and you, the listener, on his mental health journey. It's a discussion about how, even at what may seem to be your lowest, there is, truly, a light at the end of the tunnel waiting for you as you get through the hard times. It's an in-depth view into the psyche of an experienced litigator who had the courage to tell his story about the challenges he faced and how he overcame them. The hope is that Dan's journey can help those going through similar struggles overcome them and reach their potential. If you, or anyone you know, is struggling with depression or addition, Dan would be happy to be a resource for you; you can contact him through this website in the “Contact Us” section. You can also call or text the suicide and crisis lifeline at 988. You can also contact Alcoholics Anonymous at www.aa.org. The National Institute of Mental Health also has numerous resources available at www.nimh.nih.gov. For attorneys struggling with substance use and/or mental health issues, and are in need of assistance, you can reach out to various Lawyer Assistance Programs (LAPs) located throughout the United States. The American Bar Association has a directory of those LAPs available by visiting the ABA website at: https://www.americanbar.org/groups/lawyer_assistance/resources/lap_programs_by_state/
In this week’s episode, the NBH team lets you know that even if the law may not care about your feelings, the NBH does! Throughout the episode, Bethany teaches Dan and Joe about the Illinois Supreme Court’s Commission on Professionalism’s Bullying in the Legal Profession Report, educating them on the groups of legal professionals who are the most bullied, the types of bullying they face, and how to address and stop it. Along the way, Dan gets bullied because he doesn’t know how to use social media, Joe gets accused of bullying an old man in court (which did not actually happen) and shares how prior to law school he believed that “women were fine” with respect to equal rights (spoiler: they were not fine, as he learned), and Bethany explains how the bullying she’s faced is, basically, just various forms of sexual harassment.Check out the Illinois Supreme Court Commission on Professionalism’s Report on Bullying in the Legal Profession: A Study of Illinois’ Lawyers’ Experiences and Recommendations for Change.
Tune into a special episode of the Non-Billable Hour podcast before you trade your work pants for fat pants, gorge yourself on turkey, stuffing, and all those good trimmings, and pass out from all the tryptophan while football players give each other CTE (callback, baby! That's how the NBH does!). This week, in honor of every red-blooded American’s favorite holiday, we cover litigation arising out what can happen when Thanksgiving goes horribly, horribly wrong. First, Beth tells us why you should never throw away your spoiled Thanksgiving ham. Dan fills us in what food slime is, and Beth ends the episode with a rant on prisoner’s rights, rat poison, and carrot cake. You'll also get updates on Freedom Phase and random pop culture references to keep things just festive enough. Happy Thanksgiving! Check out the NBH’s reference materials for Episodes 17: “When Thanksgiving Goes Wrong for Reasons other Than Politics: A NBH Turkey Day Special”.
Nothing says November like daylight savings time (boo!), crisp weather (yay!), Thanksgiving (woo!), and American football ('Murica!). What do we think of when we talk about good ol' American football? That's right - concussions! Uhm, no, we mean, touchdowns! Well, it's both. Nowadays you can't watch any sport without asking, at least once per game, if someone suffered a concussion (chronic traumatic encephalopathy (“CTE”) (yes, we typed that without checking. Please clap)). In the first half of this two-part episode, Dan, Beth, and Joe learned why CTE is only diagnosed after someone dies (isn't that nuts!?). They also talk about Steelers great Mike Webster, Dave Duerson (member of the '85 Bears (GO BEARS!)), and legend Junior Seau, how CTE affected their lives, and the sacrifices they made to increase CTE awareness. Then Dan talks about the Aaron Hernandez (catch American Sports Story on FX now! (that's cross-marketing, folks)) and how CTE probably (see: definitely) played a part in his tragic downfall. Then, the team stops just short of a touchdown as they tease ws to come in next week's episode. Check out the NBH’s reference materials for Episodes 15 & 16: “The NBH Tackles CTE and the NFL Litigation”.
In the second half of the NBH Team’s exploration into CTE and the litigation resulting therefrom, Dan, Beth, and Joe follow their game plan by beginning with a discussion focused on the lawsuit that started it all – Maxwell v. NFL. Throughout the episode, Beth shows off her knowledge and legal prowess by, essentially, reading Dan’s mind before he discusses the relevant points. Joe forgets the definition of almost every legal term except for “discovery” (figures). And Dan does a great job of ensuring that Beth and Joe stay on task (a commendable and thankless job). He also teaches them how to pronounce “Tinnitus” (tin-uh-tis). The NBH team goes through the “X’s and O’s” of the NFL players’ core offensive onslaught against the NFL, while discussing the NFL’s defense(s) against those claims, and the fact that over 4,000+ former NFL players joined the litigation, as well as the billion dollar, uncapped settlement fund set aside to pay out CTE-related claims (basically the price of a one-minute ad during the Superbowl). The team gets into whether or not the NFL honored the terms of the settlement agreement (Uhm, kinda? Was there a system in place that may have chosen not to connect former players’ cognitive deficits with their playing days in order to avoid making settlement payments? Maaaaybe). As they make their way to the endzone, the team also discuss their views on the NFL (generally positive; some not as much) and whether or not the NFL will survive as more parents become aware of the dangers associated with playing football. Check out the NBH’s reference materials for Episodes 15 & 16: “The NBH Tackles CTE and the NFL Litigation”.
This week, the NBH Team does their best John Grisham impression by taking you on a journey into the best legal thriller you'll ever hear about (but that was never made into a film). (In the voice of Bill Hader's iconic Stefan): This episode has everything: corrupt judges, undercover FBI agents, Chicago, Chicago corruption, bribes, back alley deals, and potential (hypothetical) organized crime hits! As you'll learn, there's so much to uncover and, surprisingly, not too much information. Operation Greylord remains cryptic for reasons that Dan, Beth, and Joe still can’t figure out. However, you can rest assured! We not only tell you everything you want to know about this absolutely insane corruption story, we cast the movie that should, nay, MUST be made! With Ryan Gosling playing the main character, Terry Hake. Until then, you’ll have to rely on the Non-Billable Hour Podcast to get the full story. This is the story...of Operation Greylord. *Insert John Williams Thriller Theme Music Here* The NBH team wants to give a huge shoutout to the FBI Retired Case File Review Podcast with Jerri Williams. The information we learned from her interveiw with Terry Hake was invaluable. You can check out the FBI Retired Case File Review Podcast here: https://www.youtube.com/@FBICaseReview. Check out the NBH’s reference materials for Episode 14 “Operation Greylord: A NBH Production”.
For our THIRTEENTH EPISODE (cue ultra ominous music and, to a lesser extent, Taylor Swift), we present, for the approval of the Non-Billable Hour Podcast, the stories of the Haunting of Ackley House and the Watcher of Westfield – some extra creepy stories in honor of Beth’s second-favorite holiday, Halloween. The gang tries (but probably fails) at explaining the difference between poltergeists, demons, and ghosts. Then Joe decides that the podcast is where he should give his hot (and absolutely wrong) take on Beetlejuice after watching it for the first time (it’s been out for over 36 years, guy). Dan and Beth then delve into the world of property and contract law, both of which are terrifying enough on their own; moreso when dealing with haunted houses and straight-up crazy stalkers (or maybe someone, or something…otherworldly). Throw in some sexy ghosts and Halloween soundtracks, and take a listen to the spookiest episode of the Non-Billable Hour Podcast yet. Listener, beware…Check out the NBH’s reference materials for Episode 13 “Are You Afraid of the Law: A NBH Halloween Special”.
Dan, Beth, and Joe continue their journey into what lawyers can and can’t do by exploring the Canons of Judicial Ethics. No, it's not about firing cannons. Yes, it may be slightly drier than diving into the water with orcas or down to the Titanic (or, at least, attempting to...), but a listener requested this topic and, if there's one thing we do best, it's listen to our listeners (or we were contractually bound to cover the topic*). Anyway, Dan explains what judges can and cannot do in their roles on the judiciary. Spoiler alert! It’s nothing and everything! "How can that be?" one might ask? Well, lucky for you, we explain it all while throwing in our thoughts on how much the canons make sense (and how judges can adhere to them) based on our time in practice. We also discuss a local Judge who broke the cardinal rule of remote hearings (yes, it's always recording), whether Dan has a receding hairline (he doesn't), and how old Beth actually looks (hint: not old). Another rousing hour of civil law from the NBH team for your listening pleasure. Check out the NBH’s reference materials for Episode 12 “Judge Not Lest Ye Be Judged: Judicial Ethics”.
In Part Two of their take on the music industry, Dan, Beth, and Joe continue to delve into the battles between artists and their labels. This week, they enter the 21st century, and discuss 30 Seconds to Mars, Ke$ha, and Taylor Swift (Beth’s personal hero. Or is she an Anti-Hero?). Joe discusses how Jared Leto (aka Bartholomew Cubbins) and his band, 30 Seconds to Mars, essentially declared War upon EMI Records. After taking a few steps that were a little too Close(r) to the Edge, 30S2M went in for The Kill, and came out winners (although, if you ask Beth, Jared Leto is only winning in the looks department). Dan delves into Ke$ha, who had her own experience with a Sleazy Backstabber – her producer. Dan documents the actions that sleazy mcsleazerson, allegedly, took against Ke$ha and the legal battles that emerged out of them. By the time you finish learning about Ke$ha’s struggles, you’ll hope that she came out Stronger. As the pod’s resident Swiftie adult female fan of Taylor Swift, Beth brings the episode home by discussing her current number one girl crush, and a topic that she knows All Too Well: Taylor Swift. Beth goes through, in detail, the Bad Blood between Taylor Swift, Kanye, Scott Borchetta, and Scooter Braun. She documents how Karma came back around for Scooter (and Kanye, in a more indirect manner) after Taylor asked Who’s Afraid of Little Old Me, while also detailing how a decision made when Taylor was Fifteen resulted in her deciding It’s Time To Go and finding something Better than Revenge. The crew also discusses whether or not Ms. Swift thrives on drama or is simply a Mad Woman. At a minimum, we may have turned Dan into a Taylor Swift fan; if Beth has anything to say about it, she’s the new patron saint of women everywhere. It’ll be up to you to listen to the episode and decide! Check out the NBH’s reference materials for Episodes 10 & 11: “Parts I and II of the NBH's Complaints with the Music Industry (Elvis, Beatles, Prince, 30STM, Ke$ha, and Taylor Swift)”.
This week (and next week) Dan, Beth, and Joe take on the music industry. And by take on, we mean that they focus on how the music industry treats artists poorly (they don’t have the manpower to take on the music industry. Yet). Also, by “poorly” we mean “crappy” but, like, the other word for crappy. In the first of this two-part episode, they take you on a musical journey through the decades, spanning from Elvis to the Beatles and concluding, for now at least, with Prince and the three artists had differing experiences within the music industry. But the thread that connects the three artists is that individuals and entities within the music industry – whether it be their record label(s) or their manager(s) – held the rights to their careers. With Elvis, Joe briefs the group on Elvis’s Hound Dog of a manager and the three of them get All Shook Up when discussing how Elvis essentially sold practically the entirety of his career to said manager for, essentially, nothing. For the Beatles, Dan takes everyone on a detour to Yesterday, where he goes through Paul McCartney’s cries for Help! to Michael Jackson (who, rumor has it, may not have been the best person…), causing McCartney to essentially Let It Be when he tried to get back the Beatles’ masters. To close out the episode, Beth discusses the Artist Formerly Known as Prince (who then changed his name back to Prince, because why not – it’s complicated). Beth’s discussion is like riding around in a Little Red Corvette, makes us wish for 1999, and touches on the Controversy surrounding Prince’s interactions with his record label. No doves cried while recording of this episode. Check out the NBH’s reference materials for Episodes 10 & 11: “Parts I and II of the NBH's Complaints with the Music Industry (Elvis, Beatles, Prince, 30STM, Ke$ha, and Taylor Swift)”.
Beth’s passion, fear, and respect for the ocean stretches far across the distance and the spaces in between. That’s why, this week, she thought it would be the best opportunity to teach Dan and Joe about what’s truly here, in her heart – the ongoing hearings related to the Titan submersible’s fatal journey to the Titanic. Would it be fair to say that, every night in her dreams, Beth’s subconscious thinks about the ocean? We don’t know, but this is her second ocean-based deep dive, so you decide! Anyway, Oceangate, the now-infamous company founded by renowned “Titan of Industry” (lol) Stockton Rush (what a name!), tried to open the door to deep sea sightseeing; he probably failed. In fact, the ramifications of his actions – taking four others with him down to the Titanic in a “build-it-yourself” submersible – may in fact, last for a lifetime. And not in a good way. Nonetheless, the story of Oceangate will remain here in our hearts, and fresh in our minds, thanks to Beth’s deep dive into this completely foreseeable, and not at all surprising, accident. So take a listen and learn more than you wanted to about a pretty dumb way to die, Joe’s weird obsession with Titanic, and the reason why Titanic won 11 Oscars instead of 12 (way to go James Cameron). Check out the NBH’s reference materials for Episode 9: “Oceangate: A Series of Reasonably Foreseeable and Unfortunate Events”.
Dan, Beth, and Joe decided that the eighth episode of the podcast was the best time to share their most mortifying moments in their years of practice as a weird means of endearing themselves to the audience. From courtroom emergencies, networking faux pas, inter-office drama, and social media posts that otherwise shouldn’t have been tweeted out, the three share stories from their past that probably should have stayed behind the bar.
Enter the exciting world of...administrative law! (Question mark?) The team goes on a journey into the recent June 2024 Supreme Court decision in Loper Bright Enterprises v. Raimondo and its companion case, Relentless, Inc. v. Department of Commerce, both of which overturned forty years of Supreme Court precedent and have thrown the country into complete chaos! (Not really; but maybe in the future?). The team works through Justice Gorsuch's mommy issues, the Supreme Court’s power grab (or did it just take back the power? You decide!), Justice Kagan's utter disdain for the majority decision, and Dan and Beth's impatience. They then talk about the impact of the decision, go down a few rabbit holes, and figure out the if the aftermath is going to affect regular, U.S. Citizens, like you (Hint: It might). Check out the NBH’s reference materials for Episode 7: “That Time When Mommy Issues Defeated Chevron”.
Some folks put a lot of thought into their decision to become an attorney. Others just do it on a whim (maybe not the best idea). Either way, even though the law school curriculum is generally the same, everyone’s experience varies in a multitude of ways - some folks are gunners, while others get on Law Review, others join Moot Court or Mock Trial. Others may keep to themselves and focus only on the classes and their jobs. There are a lot of different paths that one takes to becoming a lawyer and Dan, Beth, and Joe offer their insight into those pathways in a relatively funny manner.
During part two of Dan’s deep dive into the Second Amendment, we delve further into Second Amendment cases and discuss how the Supreme Court decides to make stuff up (kidding! Or, maybe not? You decide!). We get a little raucous talking about ridiculous advertising and then things get really somber, serious, and sad (Beth even breaks down crying). A whirlwind of emotions as we finish our gun rights journey! Check out the NBH’s reference materials for Episodes 3 & 5: “Nothing Says ‘Murica Like Guns: The NBH’s Deep Dive into the 2nd Amendment”.
The team comes together to break some common myths (they can’t bust those myths because, you know, copyright law), because it’s their job to make sure that the public at large understands that is not an accurate representation of the life of an attorney (although, wouldn’t that be sweet?). Dan, Beth, and Joe hit you with the hard truths about the practice of law while making fun of other lawyers (and themselves!) at the same time.
In the first of this two-part episode, Dan begins his deep dive into the Second Amendment and gun rights in ‘Murica. A super easy, not at all controversial topic, right? The trio discuss their respective views on all things firearms before Dan explains, in great detail, the evolution of the Second Amendment, starting in the days of our Founding Fathers. Along the way, Beth and Joe ask questions that cannot be easily answered, try to make jokes – sometimes failing, but more often than not succeeding - and mess up constitutional principles. Check out the NBH’s reference materials for Episodes 3 & 5: “Nothing Says ‘Murica Like Guns: The NBH’s Deep Dive into the 2nd Amendment”.
Contrary to popular belief, Lawyers cannot be liars and thieves. They may try to be, but they rarely succeed. In fact, we have a whole bunch of rules we are forced to follow, or we get in big trouble. Join us for the first episode in a series about attorney ethics. In an episode that is, essentially, How to Not Be An Attorney, Dan and Beth break down and explain the most important rules governing attorneys and then take turns sharing some outrageous stories of attorneys’ bad behavior. Check out the NBH’s reference materials for Episode 2: “You Can't Threaten to Maim Your Opponent and Other Rules Lawyers Have to Follow: An Introduction to Legal Ethics”.
In this episode, Beth spends the majority of the podcast telling us how great orcas are and how terribly they are treated in captivity. After Dan gets impatient, Beth also shares the story about Tilikum and SeaWorld, involving a deep dive into whether orcas are hazardous (in case the nickname “killer whale” wasn’t clear enough), the Department of Labor’s investigations and trial, and Supreme Court Justice Brett Kavanaugh’s opinions on the whole situation. This episode will have you screaming Free Tili(kum) before you know it. You’ll probably laugh, but you also may cry as you learn more than you ever wanted to know about orcas in captivity before beginning your journey as the world’s next human rights activist. Check out the NBH’s reference materials for Episode 1: “Orcas, OSHA, and “OK, Brett”: A Deep Dive”.
Three attorneys decided that the market wasn't saturated enough with podcasts, so they decided to start one up to give folks a peek behind the legal curtain. But this isn't your typical legal podcast. There's no true crime here. Just sweet, sweet civil law. Take a listen and join 'em for the ride. First five episodes launching Labor Day Weekend 2024!
And now for part 2, or Baldoni v, Lively. Truthfully, 50% of this episode is the NBHP crew trying to figure out if Justin Baldoni may need intervention for paranoia and being absolutely gobsmacked at the drafting choices of his attorneys. The other 50% covers a small fraction (because, y’all, it’s just so much stuff) of Justin Baldoni’s allegations against Blake Lively and her, ahem, dragons* and his rebuttal to her allegations. Beth may have to walk back some of her statements against him – probably a first and last moment - while Joe and Dan take Ryan Reynolds’s side because, hey, he’s Deadpool (probably the one comic book character who is, almost certainly always, the most unreliable of narrators). We don’t reach a conclusion on this brand new litigation, because, hey, its still active (and maaaaaan, is it going to remain active!) but we certainly will provide enough information to allow you to follow what’s going on during your next pre-Zoom meeting banter.
*Since recording, since something happens in this case every day (seriously, it is exhausting), Taylor Swift allegedly denied being a dragon because reasons. Doesn't help that Travis lost in the Big Game.