Business Shenanigans and the Tip of the Spear: A Conversation with Marc Minor, Financial Services Expert and Seton Hall Law Professor

On this episode, I chat with Marc Minor, who is a busy man—he is founder and president of CJM Consulting; serves as Marstone, Inc.’s Chief Compliance Officer; and is also an adjunct professor at Seton Hall’s law school! Marc is currently teaching a course that covers everything FinTech: robo-advisors, big data, AI, digital currency, cybersecurity, and more.

We discuss Marc’s pivot from investigative journalism to law (thanks to a helpful journalism advisor) and his discovery that the law is “maybe the best tool ever” to “cast light” and “root out injustice.” To some degree, almost every role Marc has chosen has served to protect the individual and “root out injustice”—as well as develop his experience in “business shenanigan” lawyering, as he calls it (!).

Marc first discovered his love of "business shenanigans" when he served as an associate in private practice at Vorys, Sater, Seymour and Pease LLP. From that point, Marc has worked to protect the investing public in a variety of roles: from bureau chief for the New York and New Jersey Attorney General’s offices, to enforcement director with the Philadelphia Stock Exchange, to senior counsel with FINRA, to Assistant Attorney General for the New York Attorney General. And before that, Marc specialized in criminal law at both the Ohio Attorney General’s office and the Ohio Public Defender’s office—whew!

Marc and I chat about the transition from advising a client, to becoming the client (Marc likens it to “being shot out of a cannon”!). Marc also explains the process he used as a regulator to weigh enforcement actions, and the delicate balance involved between protecting the investing public—while ensuring continued market innovation.

And what about when Marc is not wearing his “law hat”? Well, he turns on WBGO and get some creative writing in during the late night hours. (In fact, Marc wrote a children’s book in law school—between classes! Color me impressed.) We talk about how writing can be an “act of catharsis” and how, as writers, we decide what might “make the cut”; the slow road to improvement; and the necessity of developing humility (and a thick skin!) in the editing process.

And since you’re listening to Entering the Bar, of course, Marc answers the most dangerous question of all—with diplomacy. Apparently after the bar, you should always “take your revelry to Dayton!” (Evidently, what happens in Dayton, stays in Dayton—at least during post-bar celebrations.)

Marc also imparts some sage advice for would-be lawyers: don’t wake up your study partners in the middle of the night to talk about exams! And finally—and even more importantly: don’t be afraid to take opportunities that might initially appear to be “outside of your lane.”

The music featured on this week's episode is “Entering the Bar Theme Music,” composed by Sam Carden for Entering the Bar®.

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Liz's Legal Lyrical Literature: A Special Episode for the New Year

On this week’s episode, I welcome listeners to join me as we enter the New Year, with some legal poetry from yours truly, as well as my own updated spin on a poem entitled “Law and Poetry” by James Williams, a fellow lawyer-poet who practiced law and wrote poetry back in the 1880’s. (Hint: my own version contains a few references to “current” celebrities with legal training!)

To read more poetry by Mr. Williams, you can find republication of his two works, “Briefless Ballads and Legal Lyrics” on Amazon and Project Gutenberg, and “Ventures in Verse,” also on Amazon and Project Gutenberg.

To all of my listeners: may you have a happy, healthy, and productive 2020!

The music featured on this week's episode is “Entering the Bar Theme Music,” composed by Sam Carden for Entering the Bar®.

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Hair Science and Hot Doctors: A Conversation with L’Oreal Counsel Andra Dallas, Claims Substantiation, Research & Innovation

Andra is not only a bi-lingual lawyer, but a marathon runner, painter, and fellow podcast enthusiast! In this episode, we chat about everything from her early involvement in privacy law [@13:40] and the considerations of consumer claims testing (read: she gets to hang out in the lab!) [@3:50; 12:30], to a wild post-bar story [@25] and why taking some time off before law school is not a bad idea….. [@23]. You can find more about Andra, her great hair, and her background as a former New York Law adjunct professor and Better Business Bureau attorney here and here

And, not to be missed: Andra gives some timeless advice to law students—and, really, all students [@9:50; 30]. (Note to self: guess I should stop perfuming my resume when applying for a job!)

The music featured on this week's episode is courtesy of the Free Music Archive: Swimming (Swimming) by Ryan Andersen, via a CC BY-NC 4.0 license.  

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"Only a couple of black folks dancing," and Other Copyright Controversies: A Conversation with Barbara Hoffman, Art Law Pioneer

This week's episode is with Barbara Hoffman, a pioneer in the art law field. We talk about everything from the "law of se," to the fair use doctrine, to strippers at the Pierre Hotel, and much more! And like any good lawyer, here are citations to the cases referenced during our chat:

[@5:10] Ringgold v. Black Entertainment Television, Inc., 126 F.3d 70 (2d Cir. 1997);

[@15:28] Agence France Presse v. Morel, No. 10 Civ. 2730 (WHP), 2011 WL 147718 (S.D.N.Y. Jan. 14, 2011), No. 10-cv-2730 (AJN), 2014 U.S. Dist. LEXIS 155416 (S.D.N.Y. Nov. 3, 2014); and

[@28:10] Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013).

You can purchase Barbara's book, Art and Cultural Heritage: Law, Policy and Practice (also referenced in our discussion), and read more of her art law publications here.

Note: the introductory music for this week's episode is The Ride of the Valkyries, courtesy of a performance license from the National Park Service, under a public domain composition license.

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NBA Flops, Computer Nerds, and Fax Machines: A Conversation with Benjamin Wright, Data Security Law Expert

In this episode, I chat with Ben Wright, data security law expert and SANS instructor, about his solo practice and its evolution since the 1980's. Along the way, we talk about what it’s like to teach techies (hint: sports analogies help!) and how Ben solves his thorniest legal issues. Prepare to be entertained!

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You can read more about Ben here or read a few of his pieces for his client Netmail (soon to be NetGovern) here, and read up on his current class here.

The introductory music for this week's episode is courtesy of the Free Music Archive: Kai Engel's Walking Barefoot on Grass (Bonus) (Chapter Three/Warm), under a Creative Commons Attribution license.