Best Bernkopf Podcasts (2025)

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Standard Forms, Serious Consequences 25:15

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9M ago25:15

25:15

In this special episode of Legal Judg(e)ments, host Bob Stetson finds himself in the hot seat as guest host, and seasoned real estate attorney Eric Allon takes over the interviewer’s mic. Together, they dissect a real estate dispute with far-reaching implications: McCarthy v. Young. The case asks a pivotal question—when is an offer to purchase a bi…

1
Housing Crisis Meets Home Rule 28:23

10M ago28:23

28:23

The Massachusetts housing crisis has spotlighted local zoning laws. With housing costs soaring, the state legislature enacted the MBTA Communities Act, requiring towns to allow higher-density housing by right. But when the Attorney General tried to enforce the law, the town of Milton pushed back, leading to a major showdown in the Massachusetts Sup…

1
Redefining the Rules of Engagement 24:23

11M ago24:23

24:23

Host Bob Stetson and guest trial lawyer Stephanie Taverna-Siden explore the landmark Massachusetts case Johnson v. Settino, which reshaped the legal landscape of engagement ring disputes. For decades, courts have treated engagement rings as conditional gifts, requiring marriage to finalize ownership. The Massachusetts Supreme Judicial Court recentl…

1
Pay or Waive: The Prompt Pay Act 33:43

11M ago33:43

33:43

In this episode of Legal Judg(e)ments, host Bob Stetson sits down with Andrew Dennington, a seasoned trial lawyer and partner at Conn Kavanaugh, to explore the landmark Massachusetts case Business Interiors vs. Graycor Construction. The case centers on the Prompt Pay Act, a law designed to ensure timely payments for contractors and subcontractors i…

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Tenure on Trial 29:14

12M ago29:14

29:14

Tenure is under scrutiny in one of the most significant cases in higher education. In this episode of Legal Judg(e)ments, host Bob Stetson discusses the landmark case Wortis v. Trustees of Tufts University with guest Kevin Petrs, Senior Partner at Fox Rothschild, and the attorney representing a group of Tufts professors challenging the university's…

1
Editing the Truth 22:55

1y ago22:55

22:55

In this episode of Legal Judg(e)ments, host Bob Stetson is joined by attorney Christian Kiely to talk about a groundbreaking defamation case that explores the murky intersection of true crime storytelling and legal accountability. When Netflix’s documentary on the college admissions scandal painted an allegedly misleading portrait of John and Johnn…

1
Divided Governance 39:41

1y ago39:41

39:41

In this episode of Legal Judg(e)ments, host Bob Stetson sits down with attorney Pat Tinsley to discuss the complexities of federalism and local governance through the lens of a landmark tobacco regulation case in Massachusetts. Pat, who represented the retailers challenging Brookline, MA’s unique tobacco law, shares insights into the statutory inte…

1
Dog Days in Court 32:19

1y ago32:19

32:19

In this episode of Legal Judg(e)ments, host Bob Stetson talks to Jeremy Cohen, a pioneer in pet litigation, about the unique pet case of *Lyman v. Lancer. When Brett Lyman and Sasha Lancer’s relationship ended, a custody battle erupted—not over children, but their beloved Pomeranian, Teddy Bear. This episode explores how courts treat pets as proper…

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Season 4 Launches on November 15 1:48

1y ago1:48

1:48

What is the law? How does it work? What role do lawyers, litigants, and judges play in the law's development? In sum, what moves the law in American society? I'm Bob Stetson, a Boston-based trial lawyer and the host of the podcast Legal Judg(e)ments. After 17 years in private legal practice, I still don't have a perfect answer to these important s…

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The Golden Rule 36:45

2y ago36:45

36:45

In the famous American comic strip, The Wizard of Id, the Golden Rule means “Whoever has the gold makes the rules!” And so it’s been in the construction industry time immemorial. In this episode, Bob and Brad Croft discuss Tocci Building Corp. v. IRIV Partners and how the Golden Rule shaped recent statutory enactments in the construction industry a…

1
Righting a Wrong 31:36

2y ago31:36

31:36

Guest Paul Edelstein joins Bob Stetson to explore the critical issue of self-help evictions and the fight for housing justice. This episode centers on the Solis family from Brooklyn, New York, who faced a harrowing eviction attempt by their landlord, employing tactics like utility shutoffs, demolition work, and false legal notices. Their subsequent…

1
Power Play: Chevron, Agencies, and the Constitution 45:09

2y ago45:09

45:09

Listen to Bob Stetson and returning guest Ben Robbins from the New England Legal Foundation explore the separation of powers in the context of federal administrative agencies, the historical expansion of the administrative state, the Supreme Court's 1984 Chevron decision, and its implications for the separation of powers through the lens of a new r…

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The First Amendment in the Internet Era 31:27

2y ago31:27

31:27

In this episode of Legal Judg(e)ments, Bob Stetson and his guest, John Elwood, discuss Counterman vs. Colorado, the Supreme Court’s recent decision balancing free speech rights against protection from abuse. Listen as they explore the dynamics of the First Amendment in the age of social media, examining whether online comments can constitute an act…

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The Limits of Sovereignty 38:55

2y ago38:55

38:55

In this episode of Legal Judg(e)ments, Bob Stetson and his guest, Richard Gottlieb, dissect Coughlin v. Lac Du Flambeau Band of Lake Superior Chippewa Indians, a significant legal battle at the intersection of tribal sovereign immunity and bankruptcy law. They explore the historical concept of sovereign immunity and its application to Native Americ…

1
When a Regulation Becomes a Taking: A Constitutional Debate Over Property Rights 30:40

2y ago30:40

30:40

In this thought-provoking episode, Bob Stetson and Joshua Thompson, Director of Equality and Opportunity Litigation at the Pacific Legal Foundation, discuss the landmark case of Cedar Point Nursery vs. Hassid and explore the intricate balance between private property rights and public interests. What constitutes a 'taking' and how far government re…

1
Big Brother? 37:48

2y ago37:48

37:48

Bob talks with the Institute for Justice’s Mike Greenberg about a Michigan town’s use of drones to enforce a land use regulation in Long Lake Township v. Maxon.By Bernkopf

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Life, Liberty, and the Right to Decide: Medical Aid in Dying 29:11

2y ago29:11

29:11

In the first episode of season 3, O’Melveny & Myers LLP’s John Kappos explains to Bob how his representation of two Massachusetts doctors led to a decision on whether medical-aid-in-dying qualifies as a fundamental constitutional right in Kligler v. Attorney General.By Bernkopf

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Season 3 Trailer 1:54

2y ago1:54

1:54

Season 3 of Legal Judg(e)ments officially launches on Monday, October 16.By Bernkopf

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The Cowboy Constables Rein in Acceleration Clauses 23:25

3y ago23:25

23:25

In Season 2’s final episode, Bob and Joe Simons discuss Hines v. Cummings Properties; a closely watched commercial real estate case in which an appellate court invalidated a commonly used lease acceleration clause as an unenforceable penalty.By Bernkopf

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An Ancient Privilege in a High-Tech Era 34:22

3y ago34:22

34:22

Bob and nationally renowned appellate attorney, MC Sungaila discuss In re Grand Jury – the closely-watched attorney-client privilege case that made its way up to the Supreme Court – and how the scope of the attorney-client privilege can have significant, real-world impacts on the practice of lawyering for businesses and corporations.…

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A Bridge over Troubled Water: A Localist View into the Administrative State 29:17

3y ago29:17

29:17

Bob and Sammy Nabulsi discuss the sprawling legal battle over the reconstruction of a bridge in Boston Harbor at the center of City of Boston v. Conservation Commission of Quincy.By Bernkopf

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Small Claim or Bet the Company? 41:09

3y ago41:09

41:09

Bob and class action defense lawyer Mark Aronsson discuss Cabrera v. Auto Max Preowned, Inc. and how a judge's interpretation of a procedural rule can lead to bet-the-company litigation.By Bernkopf

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Originalism at Work 23:55

3y ago23:55

23:55

Bob and Frank Saccoccio discuss how the Supreme Court’s originalist interpretation of the Second Amendment led a court to invalidate Rhode Island’s stun gun ban in O’Neil v. Nerohna.By Bernkopf

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A Legacy of St. Nick 30:55

3y ago30:55

30:55

Bob and Greg Pagnini discuss how monks brewing beer led to federal litigation involving the Religious Land Use and Institutionalized Persons Act in Shrine of St. Nicholas v. Marblehead.By Bernkopf

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Unintended Consequences 52:09

3y ago52:09

52:09

Bob and New England Legal Foundation's Ben Robbins discuss Tracer Lane II Realty, LLC v. City of Waltham and how the unintended consequences of a 1946 zoning bylaw could include the development of large-scale solar systems in residential neighborhoods.By Bernkopf

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On Depp and Dignity 25:43

3y ago25:43

25:43

Bob talks with legal titan Wayne Dennison to discuss his high-profile representation of international movie star Johnny Depp in what's been dubbed the first "trial by Tik Tok": Depp v. Heard.By Bernkopf

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FORE! 33:52

3y ago33:52

33:52

Bob and Robert Galvin discuss Tenczar v. Indian Pond Country Club, Inc. and what happens when a home ostensibly becomes a part of a golf course.By Bernkopf

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Flags And Our Forefathers 32:16

3y ago32:16

32:16

Bob and Liberty Counsel’s Roger Gannam talk about Shurtleff v. City of Boston; the United States Supreme Court’s landmark First Amendment case involving the City’s flag-raising program.By Bernkopf

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Introducing Season 2 of Legal Judg(e)ments 1:31

3y ago1:31

1:31

We’re back with another season of Legal Judg(e)ments! Catch-up on Season 1 now and subscribe wherever you get your podcasts. The new season begins on October 17th.By Bernkopf

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Justice and Charity 29:52

3+ y ago29:52

29:52

In the final episode of Season 1, Bob talks with Scott Sinrich about his pro bono work in Stearns v. Montiero and how, despite popular belief, lawyering remains a noble profession.By Bernkopf Goodman

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Ride Sharing Down the Path Paved by Court Reform 54:27

4y ago54:27

54:27

In discussing Cunningham v. Lyft, Bob and New England Legal Foundation’s Ben Robbins address recent judicial interpretations of the Federal Arbitration Act, how they impact the business and legal world and whether countermeasures employed by the plaintiffs’ bar will make big business think twice about arbitration in the future.…

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Who Decides? 49:13

4y ago49:13

49:13

In discussing Avila v. Boston Public Health Commission, Bob and Jordana Greenman talk about whether Boston’s eviction moratorium violates “due process of law” and how campaign rhetoric may have led to the implementation of this law.By Bernkopf Goodman

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From the State of Nature to Municipal Zoning Law 43:22

4y ago43:22

43:22

Bob and Dan Dain talk about the role of the judiciary in land use litigation and how the concept of “injury”, as interpreted by the court in Murchison v. Zoning Board of Appeals of Sherborn, saved real estate development in Massachusetts, particularly in “down zoning” jurisdictions like Boston. Dan also explains how zoning regulations constitute th…

1
Caveat Emptor Roars Back to Life 30:19

4y ago30:19

30:19

In part II of Sullivan v. Gagliardi, Peter McGlynn and Bob Stetson discuss how the oldest continuous court in the Western Hemisphere rejected the moral principles of St. Thomas Aquinas in the home sale context and what the legislature can do to rectify the decision.By Bernkopf Goodman

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Lessons from the Great Molasses Flood of 1919 36:09

4y ago36:09

36:09

The first in a two-part episode about Sullivan v. Gagliardi. Peter McGlynn talks to Bob about what happens when your client’s home turns into a nightmare. This is a must-listen for all home owners and real estate attorneys.By Bernkopf Goodman

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No Good Deed Goes Unpunished 33:35

4y ago33:35

33:35

Attorney Joe Downes tells Bob about his legal strategies in Bass River Tennis Corp. v. Barros; a battle for control over a popular tennis club that led to five different lawsuits and eleven separate appeals.By Bernkopf Goodman

1
Free Speech Clashes with Child Welfare 33:39

4y ago33:39

33:39

Bob sits down with Jennifer LaManna to talk about her forceful and successful defense of the First Amendment in Shak v. Shak. This episode is a must-listen for all divorce practitioners.By Bernkopf Goodman

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Shock Jock Takes On Local Politician 22:43

4y ago22:43

22:43

Bob "Zooms” with Andy Caplan about his case Curtatone v. Barstool Sports, Inc. including how the historical fight against organized crime and modern “virtue signaling” set the stage for a fight between a well-known and popular media personality and the mayor of a city just outside of Boston.By Bernkopf Goodman

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A Cain and Abel Story 40:24

4y ago40:24

40:24

Bob talks with the author of a popular legal treatise, Jordan Shapiro, about his case Haddad v. Haddad and how the trusts and estates bar can virtually eliminate will contests by using modern technology. As a bonus, Jordan also discusses an important homestead law development.By Bernkopf Goodman

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The Pandemic Comes to Court 38:44

4y ago38:44

38:44

Bob is joined by Andrea Martin to discuss her groundbreaking case of UMNV 205 – 207 Newbury LLC v. Caffe Nero Americas, Inc. They also discuss how swimming led to this momentous application of the doctrine of frustration of purpose in the middle of a pandemic.By Bernkopf Goodman

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Introducing Legal Judg(e)ments 2:15

4y ago2:15

2:15

Oliver Wendell Holmes, Jr. said, “The life of the law has not been logic; it has been experience.” But, that famous statement misses a key ingredient in the law: the lawyers. Legal judgments often depend on the judgements of lawyers just as much as logic or societal experience. Boston trial lawyer Bob Stetson examines the litigation strategies and …