Biglaw Partners Are Entering Their ‘Free Agency’ Era – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


Perhaps
the
most
transformative
change
in
the
profession
in
recent
years
has
been
the
advent
of
free
agency
among
partners
and
even
among
certain
clients.
Partners
no
longer
presumptively
stay
with
their
firms
for
life.
Clients,
too,
switch
firm
loyalties
with
increasing
frequency.
These
are
today’s
market
realities.





Brad
Karp
,
chair
of
Paul
Weiss,
in
comments
given
to
the

American
Lawyer
,
on
the
trend
of
partners’
free
agency,
which
has
changed
the
face
of
what
recruiting
looks
like
across
the
legal
landscape.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Far-Right Group Weaponizing Ethics Complaints Against Federal Judges. Again. – Above the Law

The
Article
III
Project
(A3P)
is
back
on
its
bullshit.
The
right-wing
group
was
founded
by
Mike
Davis
(who
is
not
a
fan
of

Brown
v.
Board

and
thinks
it’s
time
for

Americans
to
“arm
up”
against
the
“Black
underclass”
).
Their

mission

is
to
bring
“brass
knuckles
to
fight
leftist
lawfare”
and
are

fresh
off
a
victory

getting
Judge
Michael
Ponsor
rebuked
for
(accurately)
calling
Samuel
Alito’s

flying
of
flags

favored

by
insurrectionists

“improper”
and
“dumb.” 
Now
they’re
taking
the
fight
to
Fourth
Circuit
Judge
James
Wynn
Jr.

Wynn
recently
decided
to

rescind
his
decision

to
take
senior
status
(as
did

two
district
court
judges
).
That
is
something
federal
judges
can
do!
And
if
it’s
all
judges
appointed
by
Democratic
presidents,
<shrug>.
Still
something
they’re
allowed
to
do!
Sure,
some
Republicans
will
be
butthurt
over
it,
calling
it
the
politicization
of
the
judiciary
because

irony
is
well
and
truly
dead
.
You
don’t
have
to
like
it,
but
you
know,
that’s
the
system
we
have.

But
A3P
is
going
to
try
and
make
it
a
thing.

As

reported
by

Law
&
Crime,
the
far-right
group
filed
an

ethics
complaint

against
Wynn.
According
to
A3P:

“The
complaint
raises
serious
concerns
about
violations
of
the
Code
of
Conduct
for
United
States
Judges
following
Judge
Wynn’s
abrupt
decision
to
withdraw
his
earlier
announcement
of
retirement
in
December
2024,
immediately
following
the
outcome
of
the
2024
presidential
election,”
A3P
said
in
its
statement.
“A3P’s
complaint
makes
clear
that
this
sudden
reversal
was
politically
motivated
and
undermines
public
trust
in
the
judiciary.”

Let
me
see
if
I
got
this:
displaying
a
symbol
of
insurrection,
not
political.
Choosing
not
to
take
senior
status?
Political.
Gotcha.

There
is
absolutely
a
problem
with

the
public’s
trust
in
the
judiciary
,
but
this
ISN’T
THE
ROOT
OF
THE
ISSUE.
There’s
the
whole
Alito
thing
(and
the
fact
he
refused
to
recuse
himself
from
hearing
January
6th-related
cases
even
after
this
fact
went
public).
The
grift
Clarence
Thomas
appears
to
be
running
from
the
High
Court
(there were so,
so, so many revelations
about
the luxury
gifts
 Thomas received and repeatedly failed
to disclose).
The

stolen

Supreme
Court
seat.
The
way
the
Court
actively

thumbs
its
nose
at
the
notion
of
being
held
accountable

to
even
the
most
basic
of
ethical
standards.
*These*
are
the
problems,
dude.
Not
Wynn’s
(non)retirement.




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

‘United Healthcare’ Using DMCA Against Luigi Mangione Images Which Is Bizarre & Wildly Inappropriate – Above the Law

We
KNOW
Getty
owns
this
picture
though
that
might
not
stop
UHC.
(Photo
by
Jeff
Swensen/Getty
Images)

Someone
purporting
to
be
United
Healthcare
is
filing
DMCA
requests
to
scrub
the
internet
of
artists’
depictions
of
the
surveillance
video
of
Luigi
smiling,
parody
merchandise
of
“Deny,
Defend,
Depose,”
and
other
merchandise
showing
the
alleged
shooter.

If
it
is
really
the
health
insurer
filing
these
notices,
it
wildly
oversteps
any
legal
rights
the
company
might
have,
but
if
there’s
any
company
willing
to
preemptively
breach
the
law
and
dare
the
other
side
to
spend
their
limited
resources
trying
to
protect
their
rights
it
would
be
a
health
insurer.


404
Media
reports

that
a
number
of
DMCA
takedown
requests
from
“United
Healthcare”
have
hit
artists
depicting
the
newsworthy
event.
The
publication
reached
out
to
the
company
to
confirm
that
it’s
behind
the
filings
but
didn’t
hear
back.

For
those
keeping
score
at
home,
the
DMCA
provides
that
a

copyright
owner

must
inform
an
internet
entity
that
their
intellectual
property
is
being
abused
and
the
service
provider
then
has
an
opportunity
to
expeditiously
remove
the
material
and
avoid
possible
liability.
That
said,
the
DMCA
only
provides
a
shield
against
legal
action
and
if
the
copyright
claim
is

to
use
the
precise
legal
term

“utter
bullshit,”
they
don’t
have
to
comply.
Unfortunately,
hosts
routinely
err
on
the
side
of
caution
and
remove
content
when
there’s
zero
cognizable
claim.

If
this
is
someone
acting
on
behalf
of
United
Healthcare,
what
an
irony
to
lodge
a
falsified
claim
without
it
getting
denied.

From
404:

An
entity
claiming
to
be
United
Healthcare
is
sending
bogus
copyright
claims
to
internet
platforms
to
get
Luigi
Mangione
fan
art
taken
off
the
internet,
according
to
the
print-on-demand
merch
retailer
TeePublic.
An
independent
journalist
was
hit
with
a
copyright
takedown
demand
over
an
image
of
Luigi
Mangione
and
his
family
she
posted
on
Bluesky,
and
other
DMCA
takedown
requests
posted
to
an
open
database
and
viewed
by
404
Media
show
copyright
claims
trying
to
get
“Deny,
Defend,
Depose”
and
Luigi
Mangione-related
merch
taken
off
the
internet,
though
it
is
unclear
who
is
filing
them.

It’s
a
bizarre
and
grimly
ironic
turn
if
United
Healthcare
wanted
to

own

the
words
“Deny,
Defend,
Depose.”
The
takedown
request
for
that
piece
objects
to
the
artist
styling
the
“D”
with
elements
of
the
United
Healthcare
logo…
which
would
be
the
very
definition
of
protected
parody.
The
404
story
has
images
if
you
want
to
see
what
these
all
look
like.

Beyond
tying
itself
to
the
gunman’s
catchphrase,
the
idea
of
UHC
trying
to
own
any
and
all
fixations
of
the
alleged
shooter’s
likeness
would
be
a
wild
leap.
An
artists’
depiction
of
Mangione
could

only

belong
to
the
artist
(Mangione
might
be
able
to
assert
some
rights
to
his
likeness

a
dubious
claim
under
the
circumstances
and
in
light
of
the
First
Amendment

but
in
no
case
would
UHC
have
such
a
claim).

“What
is
the
circumstance
under
which
United
Healthcare
might
come
to
own
the
copyright
to
a
watercolor
painting
of
the
guy
who
assassinated
their
CEO?”
tech
rights
expert
and
science
fiction
author
Cory
Doctorow
told
404
Media
in
a
phone
call.
“It’s
just
like,
it’s
hard
to
imagine”
a
lawyer
thinking
that,
he
added,
saying
that
it’s
an
example
of
“copyfraud.”

It
is
illegal
to
file
DMCA
notices
if
you
don’t
own
the
copyright
(or
at
least
have
a
good
faith
belief
that
you
do).
The
idea
that
UHC
now
owns
every
depiction
of
the
guy
accused
of
killing
their
employee
is
laughably
frivolous
and
one

hopes

that
its
legal
department
understands
this
and
these
requests
are
coming
from
a
third
party
troll
impersonating
the
carrier.

An
independent
journalist
posting
a
photo
of
Mangione
with
his
family
also
received
a
DMCA
request

from
a
lawyer
claiming
to
represent
a
family
member
holding
the
copyright

even
though
the
image
was
“originally
posted
on
the
campaign
website
of
Maryland
assemblymember
Nino
Mangione.”
That
site
apparently
deleted
the
image
and
turned
around
to
threaten
anyone
using
it
now
which
is…
not
how
fair
use
works.
But
at
least
this
request
can
claim
they
have
a
“good
faith”
claim,
though
the
system
probably
shouldn’t
reward
people
for
trying
to
retroactively
claim
rights
after
they
try
to
memory-hole
their
internet
history.

But
the
disturbing
thread
running
through
all
these
requests
is
how
easy
it’s
become
for
copyright
trolls
to
leverage
the
DMCA
to
intimidate
providers
into
accepting
facially
invalid
requests.
The
statute
has
given
way
to
a
sort
of
asymmetrical
warfare
over
IP
where
bad
faith
actors
can
pepper
sites
with
ownership
claims
and
trust
that
their
targets
will
back
down
rather
than
deal
with
the
litigation
risk.
As
404’s
coverage
notes,
this
doesn’t
bode
well
in
a
country
about
to
inaugurate
an
administration
openly
encouraging
retribution
against
journalists
in
an
effort
to
silence
criticism.

This
sure
looks
like
a
company
(and
a
local
politician)
trying
to
use
copyright
law
as
a
“square
peg-round
hole”
solution
to
erasing
any
humanizing
or
sympathetic
depiction
of
Mangione.
And
unfortunately,
everyone
seems
to
be
obeying
in
advance.


Copyright
Abuse
Is
Getting
Luigi
Mangione
Merch
Removed
From
the
Internet

[404
Media]




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

How Did Provider Groups React to Congress’ End-of-Year Healthcare Package? – MedCity News

This
week,
Congress
released
a

stopgap
funding
bill

that
included
a
significant
healthcare
package. 

Provider
groups
are
reacting
favorably
to
the
package,
mainly
due
to
provisions
that
go
after
pharmacy
benefit
managers,
extend
telehealth
flexibilities
and
increase
payments
to
hospitals
and
physicians.


PBM
reform

The
legislation
proposes
changes
that
would
reign
in
pharmacy
benefit
managers’
business
practices.
Specifically,
it
would
require
PBMs
to
pass
through
100%
of
drug
rebates
and
discounts
to
employers
or
health
plans,
as
well
as
prohibit
PBMs
from
linking
their
compensation
to
a
drug’s
Medicare
list
price.
The
package
also
seeks
to
eliminate
spread
pricing
in
Medicaid

which
occurs
when
PBMs
keep
a
portion
of
the
amount
paid
to
them
for
drugs.

These
proposed
changes

which
are
slated
to
take
effect
in
2028

have
been
received
well
by
the

American
Pharmacists
Association
.

“For
years,
APhA
has
advocated
for
these
long
overdue
reforms
to
begin
to
stop
PBMs’
harmful
business
practices
that
have
robbed
many
communities
of
the
necessary
health
care
services
they
have
come
to
rely
upon,”
APhA
CEO
Michael
Hogue,
PharmD,
said
in
a
statement.


Extended
telehealth
flexibilities

Congress
is
seeking
to
extend
Medicare
telehealth
flexibilities
through
the
end
of
2026.

This
extension
would
allow
patients
to
continue
receiving
telehealth
services
from
their
homes,
permit
the
use
of
audio-only
communication
for
certain
services,
and
enable
rural
health
clinics
and
federally
qualified
health
centers
in
providing
virtual
care.

Chip
Kahn,
CEO
of
the

Federation
of
American
Hospitals
,
released
a
statement
applauding
these
measures.

“Congress’
health
package
hits
the
spot

it
protects
rural
health
care
and
assures
seniors
continued
telehealth
services
while
preventing
cuts
to
hospitals
serving
the
most
vulnerable.
Together,
these
provisions
will
sustain
critical
patient
care
at
the
right
time,
in
the
right
setting,”
he
stated.


Changes
to
payment
and
reimbursement

Congress’
package
would
delay
next
year’s
Medicaid
disproportionate
hospital
share
pay
cuts
until
2027.
It
would
also
temporarily
boost
the
Medicare
physician
fee
schedule
by
2.5%
for
2025,
which
would
offset
the
2.83%
payment
reduction
that
CMS
recently
finalized
for
next
year.

Stacey
Hughes,
executive
vice
president
of
the
American
Hospital
Association,
celebrated
these
provisions
in
a
statement.

“The
AHA
appreciates
the
House
and
Senate
working
together
on
this
bipartisan
healthcare
package
and
urges
Congress
to
pass
this
health
care
package
that
will
ensure
hospitals
and
health
systems
can
continue
to
care
for
their
patients
and
communities,”
she
said.


Photo:
MikeyLPT,
Getty
Images

Biglaw Firm Matches Milbank And Rewards Associates For Racking Up Hours – Above the Law

It
pays
to
keep
your
head
down
and
work.
Not
only
can
it
keep
you
out
of
unnecessary
drama,
but
it
pays
to
do
so!
Sheppard
Mullin
recently
announced
bonuses
and
the
cash
they’re
throwing
out
reflects
an
appreciation
for
hard
work.

The
Biglaw
firm
reported
$1,120,922,000
in
gross
revenue
in
and
profits
per
equity
partner
of
$2,325,000
in
2023,
according
to
the
most
recent
Am
Law
100
ranking.
And,

unlike
at
HoLove
,
they’re
handing
out
special
bonuses!
Here’s
the
scale:

Screen Shot 2024-12-19 at 1.35.24 PM

The
difference
that
50
hours
can
make!
Congratulations
to
everyone
who
made
the
2000-hour
cut-off
and
an
additional
10%
to
20%
praise
to
those
who
went
above
and
beyond.
For
everyone
else,
better
luck
next
year.
Don’t
pout
too
much

just
being
an
attorney
at
Sheppard
Mullin
means
that
you’re
still
one
of
the
top
earners
in
the
country.

We
like
hearing
about
bonuses
almost
as
much
as
you
enjoy
spending
them.
As
soon
as
your
firm’s
memo
comes
out,
please
email
it
to
us
(subject
line:
“[Firm
Name]
Bonus”)
or
text
us
(646-820-8477).
Please
include
the
memo
if
available.
You
can
take
a
photo
of
the
memo
and
send
it
via
text
or
email
if
you
don’t
want
to
forward
the
original
PDF
or
Word
file.

And
if
you’d
like
to
sign
up
for
ATL’s
Salary
&
Bonus
Alerts,
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scroll
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enter
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post.
If
you
previously
signed
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need
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do
anything.
You’ll
receive
an
email
notification
within
minutes
of
each
bonus
announcement
that
we
publish.



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.


Bonus Time

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Rudy Giuliani Doxxes A Priest – Above the Law

(Photo
by
Drew
Angerer/Getty
Images)

Rudy
Giuliani’s
litigation
strategy
is…
unique.
It’s
kind
of
like
National
Geographic,
but
if
the
wildebeest
ran
directly
into
the
mouth
of
the
lion

every
time
.
This
is
a
guy
whose
utter
refusal
to
do
paperwork
earned
him
a
$148
million
default
judgment
in
the
defamation
case
filed
by
Ruby
Freeman
and
Shaye
Moss,
the
Atlanta
poll
workers
he
falsely
accused
of
tabulating
fraudulent
ballots
in
2020.
Then
he
stumbled
into
and
out
of
bankruptcy
after
discovering
that
you
actually

do

have
turn
over
your
financial
information
if
you
want
the
protection
of
the
court.

Who
knew!

And
in
DC,
he’s
currenlty
daring
Judge
Beryl
Howell
to
hold
him
in
contempt
because
he
refuses
to
keep
Freeman
and
Moss’s
names
out
of
his
mouth.

But
the
real
action
this
week
is
in
New
York,
where
Rudy
is
facing
yet
another
potential
contempt
finding
in
the
collection
action,
as
well
as
possible
death
penalty
sanctions
for
(say
it
with
us)
failing
to
cooperate
with
discovery
and
hand
in
his
homework.
That
case
involves
Rudy’s
desperate
effort
to
hang
onto
his
Florida
condo
under
the
state’s
generous
homestead
exception,
despite
the
fact
that
he
did
his
daily
podcast
from
New
York
during
most
of
the
year
in
question.
Notably
his
prior
counsel
noped
out
rather
than
do

whatever
it
was

Rudy
was
asking
them
do
in
that
case.

Yesterday,
Judge
Lewis
Liman
signed
an order
to
show
cause

why
Rudy
should
not
be
held
in
contempt
in
the
collection
action,
instructing
him
to
file
a
response
by
Christmas
Eve
and
show
up
in
person
on
January
3
to
explain
himself.
The
court
granted
Freeman
and
Moss’s

motion
,
detailing
his
total
failure
to
turn
over
his
property,
after
being
warned
that
something

very
bad

would
happen
if
he
didn’t.

Consider
this
amazing
exchange
from
a
status
conference
on
November
7
where
Rudy’s
prior
counsel
admitted
that
his
client
had
made
no
efforts
to
comply
with
an
October
22
turnover
order:

THE
COURT:
Isn’t
the
right
approach
to
that,
I’ve
ordered
your
client
to
turn
over
all
of
this
property,
and
your
client
consented
to,
said
he
had
possession
of
all
of
this
property
at
the
time
that
I
entered
the
order.
Procedurally,
he
doesn’t
have
a
choice
but
to
comply.
If
it
becomes
impossible
for
him
to
comply,
then
the
plaintiff
moves
for
contempt,
your
client
gets
on
the
stand,
and
he
goes
through
all
of
the
efforts
that
he
made
to
get
it
and
why
he
was
frustrated.
It
strikes
me
as
kind
of
hard
to
believe
that
your
client
would
not
be
able
to
get
somebody
at
the
storage
facility
to
open
up
the
storage
facility
to
get
his
property.
It’s
not
clear
to
me
what
efforts
he’s
made.

MR.
CARUSO:
I’ll
tell
you
what
efforts
we’ve
made.

THE
COURT:
No.
What
efforts
he
made.

MR.
CARUSO:
He
didn’t
make
any
efforts
other
than
what
I
made.

THE
COURT:
Okay.
That’s
kind
of

you
might
consider
your
words,
because
it
does
play
into
what
will
happen
if
there
were
a
contempt
proceeding
against
him.

On
November
22,
the
judge
issued
another

order

in
which
he
instructed
Giuliani
to
hand
over
his
stuff
by
December
15
“on
pain
of
contempt.”

Since
then,
Giuliani’s
efforts
have
been

uneven

at
best.
He
surrendered
the
Mercedes
he
claims
once
belonged
to
actress
Lauren
Bacall,
but
not
the
title.
He
vacated
his
apartment,
but
failed
to
give
the
plaintiffs
the
keys
or
the
deed,
and
seems
not
to
have
bothered
trying
to
take
his
ex-wife’s
name
off
the
place.
In
response
to
instructions
to
hand
over
specific
items
of
sports
memorabilia,
he
vaguely
gestured
in
the
direction
of
the
“America
First
Warehouse”
in
Ronkonkoma,
New
York,
where
his
personal
items
are
packed
away
in
opaquely
labeled
boxes.

Rudy’s
new
counsel
is
a
flamboyant
divorce
lawyer
name
Joseph
Cammarata.
His
first
move
was
to
hold
a
press
conference
outside
the
offices
of
the
plaintiffs’
counsel
to
decry
the
“lawfare”
against
America’s
Mayor.
Then
he
asked
the
court
to
delay
the
January
16
trial
so
that
Rudy
could
spend
that
week
in
DC
at
inauguration
parties.
Judge
Liman
responded
that
he
was
happier
to
entertain
a
motion
to
move
the
trial
up
to
the
week
of
the
10th,
if
the
defendant
was
so
inclined.
(He
was
not.)

On
December
8,
roughly
five
weeks
after
the
November
4
deadline
for
disclosures,
Giuliani
informed
the
plaintiffs
that
he
would
be
calling
five
new
witnesses
to
testify
that
he
really
did
live
in
Florida,
not
New
York.
Unsurprisingly,
the
plaintiffs
were
not
impressed,
particularly
since
one
of
those
witnesses
is
Rudy’s
girlfriend/cohost/emotional
support
weirdo
Dr.
Maria
Ryan,
who
has
been
ducking
process
and
who
was
the
subject
of
a
(since

granted
)
motion
to
compel.

Judge
Liman

instructed

the
defendant
to
respond
by
Tuesday,
December
17.

“Defendant
shall
indicate
whether
he
will
arrange
for
the
five
additional
witnesses
to
receive
subpoenas
and
to
be
made
available
for
deposition
on
or
before
January
9,
2025,
including
when
and
where
the
witnesses
will
be
made
available
for
in-person
depositions,”
he
wrote.
“Defendant
shall
also
indicate
whether
he
will
arrange
for
the
responsive
documents
of
each
of
the
witnesses
to
be
produced
to
the
Plaintiffs
at
least
one
week
prior
to
deposition.”

Cammarata
did
indeed
respond…
sort
of.
But
we
will
not
be
linking
to
the
document,
which
included
the
witnesses’
personal
contact
information.
Cammarata
represented
that
he
will
not
be
calling
two
of
the
five
new
witnesses
at
trial.
But
he
produced

yet
another
new
witness
,
one
Monsignor
Alan
Placa,
who
can
shed
light
on
Rudy’s
living
situation.

A
quick
Google
search
reveals
that
the
Monsignor
presided
over
Giuliani’s
first
wedding
in
1968,
as
well
as
its
subsequent
annulment.
In
2002,
he
was
placed
on
administrative
leave
due
to
sexual
abuse
allegations,
which
were

substantiated

by
grand
jury
testimony
from
multiple
men
who
accused
him
of
molesting
them
as
teenagers.
Rudy
then

hired

Placa
through
one
of
his
companies.

The
church
held
the
investigation
open
until
2009,
which
was
long
enough
that
Placa’s

official
exoneration

and
his
retirement
could
take
place
simultaneously. 

Cammarata
informed
the
court
that
Placa
will
testify
at
the
January
16
trial,
as
will
Rudy’s
other
witnesses,
Maria
Ryan,
Michael
Ragusa,
and
Ryan
Medrano.
He
says
that
Ryan,
Ragusa,
Medrano,
and
Placa
are
amenable
to
being
deposed.
He
did
not
say
when
or
where
such
depositions
might
take
place,
and
made
no
representations
about
document
production.

This
would
seem
to
fall
somewhat
short
of
satisfying
the
court’s
order.
But
if
the
bet
is
that
Rudy’s
going
to
get
defaulted
anyway,
or
barred
from
presenting
any
of
this
evidence,
then
perhaps
it
won’t
matter
in
the
end.


Freeman
v.
Giuliani

[Collection
Docket,
via
Court
Listener]

Freeman
v.
Giuliani

[Homestead
Docket,
via
Court
Listener]





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Morning Docket: 12.19.24 – Above the Law

(Photo
by
Scott
Halleran/Getty
Images)

*
Michael
Jordan
dunking
on
legal
adversaries
now.
[Law360]

*
In
honor
of
widespread
sports
gambling,
here
are
some
prop
bets
for
2025.
[Bloomberg
Law
News
]

*
More
pressure
on
firms
to
merge
in
2025.
[American
Lawyer
]

*
Winston
&
Strawn
and
Hagens
Berman
looking
for
$515
million
in
“pay
the
players”
settlement.
Which
seems
like
a
lot
except
it’s
a
little
over
18
percent
of
the
total
value
they
delivered.
[Reuters]

*
As
the
Biden
administration
winds
down…
a
look
at
its
failures
when
it
comes
to
fighting
corporate
crime.
[Corporate
Crime
Reporter
]

*
Threshold
required
to
order
a
constitutional
convention
allegedly
hit.
Just
in
case
you
thought
things
were
bad
now.
[ABA
Journal
]

*
Tony
Buzbee
is
saying
Jay-Z
paid
people
to
sue
his
firm.
[Houston
Chronicle
]

*
A
love
letter
to
the
Delaware
court
system.
[Delaware
Business
Court
Insider
]

Topics

Biglaw Firm Matches The Market On Bonuses! You’ll Just Have To Wait A Bit – Above the Law

You
know
why
you
clicked
on
the
article.
We’re
here
to
tell
you
about
bonuses!
Orrick
made
humpday
worthwhile
by
announcing
they’ll
be
putting
a
little
extra
in
their
associates’
checks!
The
Biglaw
firm
reported
$1,465,029,000 
in
gross
revenue
in
and
profits
per
equity
partner
of
$3,113,000
in
2023,
according
to
the
most
recent
Am
Law
100
ranking.
And,

unlike
at
HoLove
,
they’re
handing
out
special
bonuses!
Here’s
the
scale:

Screen Shot 2024-12-18 at 5.08.50 PM

The
good
news
is
that
the
associates
can
count
on
the
base
bonus
money
to
come
their
way!
By
mid
February.
Would
be
better
if
the
money
hit
bank
accounts
in
time
for
Christmas,
but
having
a
few
extra
thousand
dollars
to
look
forward
to
in
February
isn’t
the
end
of
the
world.
Hopefully
the
special
bonus
money,
which
is
to
be
paid
out
with
the
December
31st
payroll,
will
hold
you
over
until
then.

We
like
hearing
about
bonuses
almost
as
much
as
you
enjoy
spending
them.
As
soon
as
your
firm’s
memo
comes
out,
please email
it
to
us
 (subject
line:
“[Firm
Name]
Bonus”)
or
text
us
(646-820-8477).
Please
include
the
memo
if
available.
You
can
take
a
photo
of
the
memo
and
send
it
via
text
or
email
if
you
don’t
want
to
forward
the
original
PDF
or
Word
file.

And
if
you’d
like
to
sign
up
for
ATL’s
Salary
&
Bonus
Alerts,
please
scroll
down
and
enter
your
email
address
in
the
box
below
this
post.
If
you
previously
signed
up
for
the
bonus
alerts,
you
don’t
need
to
do
anything.
You’ll
receive
an
email
notification
within
minutes
of
each
bonus
announcement
that
we
publish.



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


Judge Ho Goes Full Pick Me – See Also – Above the Law

Please
please
please,
let
me
let
me
let
me,
get
what
I
want
this
time.


Are
You
Listening
Donny?!:


Validation
hungry
judge
throws
immigrants
under
the
bus
to
get
noticed
.


Diversity
Ain’t
Dead
Yet!:


Some
numbers
are
in,
but
what
does
it
all
mean
?


New
Bonus
Announcements
Are
In!:


McKool
,

Orrick
.


Can’t
Point
Out
The
Emperor’s
Robes:


Judge
Ponsor
Gets
DARVOed
for
taking
Alito
to
task
.


Kroll
Strolls
Off
After
Mention
Of
Sharp
Paycut:


Dropping
me
from
$200
an
hour
to
$15
would
make
me
run
too
.

How Much Has Law School Diversity Changed After A Year? Data Says… – Above the Law

…Not
that
much!

The
Court’s
decision
in

SFFA
v.
Harvard

raised
a
bunch
of
questions.
If
affirmative
action
is

so

injurious
to
the
14th
Amendment,
why
can
military
academies
still
use
it?
Aren’t
legacy
admissions

a
proxy
for
grandfathering
in
descendants
of
wealthy
white
alumni

just
as
onerous?
What
will
the
student
bodies
of
the
most
prestigious
law
schools
look
like
with
affirmative
action
gone?

The
answers
to
these
questions
are
not
yet
ripe.
That
said,
we
do
have
developments
worth
mulling
over
as
gestures
toward
what
the
answers
could
be:

Judge
Bennett
upholding
the
Navy’s
use
of
affirmative
action
,

University
of
Pittsburgh,
Wesleyan
University,
Virginia
Tech,
and
others
have
gotten
rid
of
Legacy
Admissions
, and,
what
will
be
the
focus
for
the
remainder
of
the
article,
diversity
in
law
school
enrollment
holding
steady.

Reuters

has
coverage:

Racial
and
ethnic
diversity
in
law
school
enrollment
did
not
decline
in
2024,
despite
the
U.S.
Supreme
Court’s
2023
ban
on
affirmative
action
in
college
admissions
and
fears
that
the
number
of
diverse
law
students
would
plummet
as
a
result.

The
percentage
of
Black
and
Hispanic
students
in
the
current
first-year
juris
doctor
class
of
39,684
is
nearly
identical
to
2023

which
was
the
final
full
admissions
cycle
before
the
affirmative
action
ban
took
effect

according
to
data
released
on
Monday
by
the
American
Bar
Association.
The
percentage
of
Asian
first-year
students
increased
2
percentage
points
to
9.76%
compared
with
2023.

What
does
this
mean
for
the
future
of
racial
diversity
in
our
legal
landscape?
Ultimately,
it
is
too
early
to
tell.

Generalized
data
is
nice
and
all,
but
the
really
important
stuff
hinges
on
what’s
happening
at
the
prestige
heavy
schools.
One
big
name
outlier
is
Harvard
Law.
The

New
York
Times

reported
that
the
number
of
Black
students
at
Harvard
Law
immediately
plummeted
to
1960’s
numbers.
Since
1970,
Harvard
Law
has
admitted
around
50-70
Black
students
per
year.
This
year
they
admitted
19.
Other
high
prestige
schools
may
have
similar
drop-offs.
We
may
very
well
see
less
and
less
diversity
at
high
prestige
institutions
while
lower
ranked
schools
see
the
rejected
T14
candidates
as
discounted
ways
to
boost
the
overall
GPAs
and
test
scores
of
their
incoming
classes.
From
a
bird
eye’s
view
this
could
still
look
like
maintaining
or

even

increasing
diversity
in
the
student
body,
even
as
T14
schools
become
more
and
more
monocultural.

Put
simply,
it
looks
too
early
to
panic,
but
be
cautious
about
celebrating
too
soon.
A
full
breakdown
of

SFFA
v.
Harvard
‘s
consequences
would
require
a
longitudinal
analysis
of
how
students
place
over
time.
Acceptance
is
an
important
data
point,
but
it
is
just
as
important
to
see
where
students
place
for
their
summers,
their
first
gigs
after
they
cross
the
stage
with
their
JDs,
who
gets
equity
partner
opposed
to
non-equity,
and
who
ultimately
ends
up
on
the
Supreme
Court.

In
the
meantime,
take
whatever
concrete
actions
you
can.
Keep
applying
to
your
dream
schools!
Put
nose
to
page
and
study
your
heart
out!
Oh.
And
prepare
for
the
spite
suits
arguing
that

proxies
for
diversity

are
the
culprit
for
this
year’s
numbers.
There’s
no
way
Blum
&
Co.
are
going
to
be
happy
with
the
overall
numbers
post-affirmative
action
lining
up
with
pre.


Law
Student
Diversity
Held
Steady
After
Affirmative
Action
Ban,
ABA
Says

[Reuters]


Earlier:


The
Trend
Of
Diverse
Law
School
Applications
Goes
Upward


The
Slippery
Slope
Of
Ending
Affirmative
Action
Has
Moved
On
To
Its
Next
Target:
Women
And
‘Proxies
For
Diversity’


ABA
Committee
Decides
To
Diversify
Diversity.
It
Should
Come
With
A
Clear
Reason
For
Why
That’s
Important.



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.