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Morning Docket: 01.09.25 – Above the Law

(Photo
by
Erin
Schaff-Pool/Getty
Images)

*
Alito
and
Trump
had
a
chat
before
Trump
asked
Supreme
Court
to
have
his
state
law
convictions
thrown
out.
[

CBS
News
]

*
Florida
lawyer
allegedly
soaked
legal
documents
in
synthetic
marijuana
to
distribute
to
inmates.
And
you
thought
PACER
was
expensive.
[NY
Post
]

*
Paralegal
barred
from
future
work
in
the
industry
after
trying
to
cover
up
missed
emails.
[LegalCheek]

*
Justice
Department
not
releasing
the
full
special
counsel
report
into
Trump’s
classified
document
collection.
Technically,
the
Supreme
Court
says
it
can’t
be
illegal
of
Biden
orders
it
released
himself…
just
sayin’.
[Reuters]

*
The
Corporate
Transparency
Act
might
be
the
least
intrusive
anti-money
laundering
check
ever
devised…
but
Republican
judges
are
working
overtime
to
kill
it
on
behalf
of
their
wealthy
fan
club.
[Bloomberg
Law
News
]

*
Delaware
awards
$176M
legal
fee
in
Musk
compensation
case.
Which
is
not
the
$5B
they
asked
for
after
saving
shareholders
over
$50B,
but
that’s
sort
of
a
testament
to
how
bonkers
Musk’s
request
was
in
the
first
place.
[Law360]

*
In-house
counsel
getting
flack
for
paying
higher
billing
rates
when
lawyers
matched
the
inflation
everyone
else
did.
[Corporate
Counsel
]

Discrimination Lawsuit Turns To The Right – See Also – Above the Law


Scratch
The
Stuff
About
Gangsta
Rap…
I’m
A
Veteran:


William
Brown
changes
the
framing
of
his
lawsuit
.


Republicans
Are
Mad
At
The
ABA’s
Diversity
Standards:


Any
mention
seems
to
be
too
much
.


About
The
Lawyer
Of
The
Year…:


New
congratulations
are
in
order
!


Math
Makes
For
Due
Process:


There’s
a
complication
with
Charlie
Adelson’s
sentencing
.


Even
The
DOJ
Says
Rent
Is
Too
High:


New
plaintiffs
added
to
antitrust
case
.

Spouse Of MAGA Judge Gets Nod For Top DOJ Position – Above the Law

(Photo
by
David
Becker/Getty
Images)



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


Who
was
selected
by
Donald
Trump
to
be
the
Department
of
Justice
Chief
of
Staff,
though
potential
conflicts
may
arise
with
the
pick
since
his
wife
was 
appointed
to
the
federal
judiciary
during
Trump’s
first
term
in
office?


Hint:
Trump
praised
the
pick
as
a
“MAGA
warrior”
who
will
“help
bring
accountability,
integrity,
and
Justice
back
to
the
DOJ.”



See
the
answer
on
the
next
page.

How Can Employers Manage Rising Healthcare Costs in 2025? – MedCity News

The
Business
Group
on
Health,
an
employer
advocacy
organization,

projects

that
healthcare
costs
will
rise
by
7.8%
in
2025,
the
highest
rate
of
increase
in
more
than
a
decade.

Consulting
firm
Mercer

expects

total
health
benefit
costs
per
employee
to
rise
5.8%
in
2025,
even
after
planned
measures
to
reduce
costs.

Consulting
firm
WTW,
meanwhile,

projects

that
global
medical
costs
will
grow
by
10.4%
in
2025.

Whatever
the
number,
one
thing
is
clear:
Rising
healthcare
costs
is
a
significant
challenge
that
employers
must
contend
with.
Faced
with
these
cost
pressures,
employers
are
trying
to
hold
their
vendor
partners
accountable
and
are
evaluating
their
health
plan
and
pharmacy
benefit
manager
partners,
experts
say.
They’re
looking
to
conduct
more
requests
for
proposals,
invest
in
well-being
and
gain
access
to
medical
claims
data
from
their
health
plans.
They
are
trying
out
these
strategies
as
employers
increasingly
feel
sidelined
by
their
insurance
carriers
and
PBMs
who
they
believe
aren’t
always
looking
out
for
their
needs. 

“There
are
a
lot
of
things
out
there
that
[are
making]
employers
say,
‘Something
has
gotta
give,’”
said
Cheryl
Larson,
president
and
CEO
of
the

Midwest
Business
Group
on
Health
,
in
an
interview.

While
they
can
take
some
actions,
ultimately,
employers
can’t
fix
healthcare
prices
by
themselves.
Policy
changes
at
the
state
and
federal
levels
are
needed.


What’s
contributing
to
rising
costs?

Several
things
are
contributing
to
increasing
healthcare
costs,
but
one
of
the
biggest
factors
is
pharmacy
costs.
According
to
the

Business
Group
on
Health
,
pharmacy
costs
accounted
for
more
than
a
quarter
of
healthcare
costs
in
2023.
Rising
drug
costs
are
largely
driven
by
expensive
specialty
medications,
cell
and
gene
therapies
and
GLP-1s,
said
Ellen
Kelsay,
president
and
CEO
of
the
organization.

A
survey
by
the
National
Alliance
of
Healthcare
Purchaser
Coalitions,
an
advocacy
organization
for
employers
and
purchasers,
backs
this
up.
About
99%
of
respondents
listed
drug
prices
as
a
significant
threat
to
affordability.
Following
drug
prices,
84%
of
respondents
listed
high-cost
claims
and
79%
listed
hospital
prices.
A
high-cost
claim
is
generally
a
claim
from
an
individual
that
is
at
least
$250,000
and
can
result
from
several
different
conditions
like
cancer
or
neo-natal
care.
According
to
the
Business
Group
on
Health,
there
is
an
increase
of
costly
conditions
like
cancer,
cardiovascular
disease
and
musculoskeletal
conditions
that
employers
are
having
to
cover.  

“The
underlying
problem
is
distorted
and
broken
markets,”
said
Shawn
Gremminger,
president
and
CEO
of
the

National
Alliance
of
Healthcare
Purchaser
Coalitions
.
“For
hospitals
and
insurers
it’s
largely
due
to
consolidation
and
anti-competitive
practices,
for
PBMs
it’s
vertical
integration
and
opaque
practices,
and
for
drug
manufacturers
it’s
patent
gaming.
Until
fixed,
these
problems
will
remain
and
the
cycle
of
higher
prices
each
year
will
continue.”

Not
only
are
there
more
high-cost
claimants,
there
are
also
more
people
using
their
health
benefits
now,
according
to
Regina
Ihrke,
senior
director
and
health,
equity
&
wellbeing
leader
for
North
America
at
WTW.

“Usually
we
see
20
to
30%
of
any
employer
population
that
doesn’t
use
the
plan
at
all.
We
have
fewer
people
not
using
the
plan
over
this
last
year
than
we’ve
seen,”
Ihrke
said
in
an
interview.

While
all
employers
are
facing
increasing
healthcare
costs,
small
employers
and
their
employees
are
struggling
more
acutely.
A

report

recently
released
by
the
Commonwealth
Fund
found
that
in
2023,
small
business
employees
paid
an
average
of
$7,529
per
year
for
family
premiums,
which
is
$733
more
than
employees
at
large
firms,
and
also
faced
deductibles
that
were
over
$1,500
higher.
This
trend
is
likely
to
continue.

“If
anything,
small
firms
have
less
leverage
than
large
firms
do.
They
are
somewhat
more
at
the
mercy
of
the
market,
given
their
smaller
size,”
said
Sara
Collins,
senior
scholar
and
vice
president
for
health
care
coverage
and
access
and
tracking
health
system
performance
at
the
Commonwealth
Fund.
She
noted
that
because
small
businesses
have
fewer
employees
covered
in
their
plan,
they
don’t
have
the
bargaining
power
that
larger
companies
have
with
their
rate
negotiations
with
insurers. 


What
can
employers
do
to
manage
costs
in
2025?

In
order
to
manage
these
rising
healthcare
costs,
employers
are
increasingly
starting
to
hold
their
vendor
partners
accountable
for
high
quality
care
and
are
asking
for
evidence
of
improved
outcomes,
experience
and
lower
costs. 

“Employers
will
conduct
increased
[request
for
proposal]
activities
in
the
year/s
ahead
as
they
assess
partnerships,
leveraging
current
partners
for
enhanced
pricing,
reporting
and
accountability,”
Kelsay
stated.
“They
also
will
closely
review
new
health
plans
and
PBM
partners,
which
are
more
agile
and
which
may
offer
alternative
network
models
and
greater
price
and
quality
transparency.
Employers
will
also
invest
in
well-being,
with
a
focus
on
prevention
and
immunizations,
primary
care,
chronic
disease
management
and
on
achieving
provider
quality.”

The
National
Alliance
of
Healthcare
Purchaser
Coalitions
survey
also
showed
that
employers
aren’t
happy
with
their
PBMs:
52%
are
considering
changing
their
PBM
in
the
next
one
to
three
years.
According
to
Gremminger,
PBMs
use
“opaque
business
practices”
that
allow
them
to
change
the
status
of
a
drug
from
generic
to
specialty
to
name
brand
without
the
employer’s
consent.
The
big
three
PBMs

CVS
Caremark,
Express
Scripts
and
Optum
Rx

also
all
own
their
own
specialty,
retail
and
mail
order
pharmacies
and
“strategically
price
drugs
to
maximize
revenue
to
their
internal
pharmacy
chains,”
he
declared.

Larson
of
Midwest
Business
Group
on
Health
also
noted
that
employers
shouldn’t
be
solely
relying
on
their
brokers
and
consultants
for
guidance.
Employers
aren’t
healthcare
experts,
so
very
often
they
lean
on
brokers
and
consultants.
But
sometimes
PBMs
and
third
party
administrators
give
consultants
and
brokers
financial
incentives
to
direct
employers
to
themselves,
experts

previously

told
MedCity
News.

Aside
from
reviewing
their
PBM
relationships
and
demanding
changes,
employers
are
also
looking
to
understand
their
healthcare
costs
better.
Many
employers
believe
that
getting
access
to
their
medical
claims
data
can
ensure
they’re
fulfilling
their
fiduciary
responsibilities
of
getting
the
best
health
benefits
for
the
best
cost.
Some
have
taken
to
suing
their
insurance
carriers,
alleging
that
they
aren’t
providing
full
access
to
their
data,
according
to
Larson.
This
includes
the

Kraft
Heinz/Aetna
case

which
went
into
arbitration.
W.W.
Grainger

also

sued
Aetna
in
May
for
not
giving
access
to
data.

Gremminger
echoed
this,
noting
that
employers
“need
to
focus
on
their
fiduciary
responsibility
and
play
hardball
in
negotiating
with
plans
and
hospitals,
establish
narrower
networks
focused
on
cost
and
value,
and
eliminate
conflicts
of
interest
in
contracts.” 

According
to
Ihrke
of
WTW,
employers’
strategies
depend
on
how
much
risk
they
want
to
retain.
Some
employers
may
be
considering
Individual
Coverage
Health
Reimbursement
Arrangements,
in
which
they
give
employees
a
monthly
allowance
of
tax-free
money
to
buy
healthcare
services
for
their
own
specific
needs.
Others
may
be
looking
at
plan
design
and
cost
sharing.

“We
haven’t
really
looked
at
plan
design
and
cost
sharing
since
like
2011
after
Obamacare
was
passed.
It’s
time
to
really
look
at
those
and
say,
‘Does
my
strategy
before
still
make
sense?
Am
I
solving
for
the
affordability
of
a
health
plan
for
my
low
wage
workers?
Are
they
in
the
right
plans?
Are
they
over-insured
or
under-insured?’”
she
said.

Ultimately,
however,
addressing
costs
“requires
public
policy
fixes
at
both
the
state
and
federal
levels
to
drive
market
competition,
transparency,
fair
pricing
and
affordability,”
Gremminger
argued.
This
includes
banning
anti-competitive
contract
provisions
between
hospitals
and
health
plans,
requiring
health
plans
to
provide
full
disclosure
of
claims
data
to
employers
“without
restrictions
or
additional
costs,”
and
more
price
transparency
for
PBMs.

However,
only
time
will
tell
if
these
strategies
and
policy
fixes
will
be
enough
to
curb
future
medical
costs.


Photo:
santima.studio,
Getty
Images

Charlie Adelson Pushes For Resentencing On Two Counts In Dan Markel Murder Case – Above the Law

After
Dan
Markel
was
murdered
in
2014,
the
legal
battle
to
bring
his
killers
and
their
accomplices
to
justice
has
been
long
fought.
In

2023
,
Charlie
Adelson
was
found
guilty
in
the
first
degree
for
murder,
conspiracy
to
commit
first
degree
murder,
and
solicitation
to
commit
first
degree
murder.
According
to
Adelson’s
lawyer,
Michael
Ufferman,
there’s
a
problem
with
his
client’s
sentencing
on
the
latter
two
counts:
the
numbers
don’t
seem
to
add
up.

Tallahassee

has
coverage:

Charlie
Adelson,
who’s
serving
a
life
sentence
in
the
murder-for-hire
of
Dan
Markel,
is
asking
to
be
resentenced
on
two
of
three
counts
against
him,
citing
an
alleged
error
in
the
sentencing
scoresheet.

“I
believe
the
scoresheet
error
regarding
the
improper
scoring
of
victim
injury
points
warrants
correction
to
ensure
compliance
with
the
law,” 
Ufferman
said
in
a
text
to
the
Democrat.
“As
explained
in
the
motion
filed,
a
defendant
has
a
fundamental
right
to
be
sentenced
under
a
correctly
calculated
scoresheet.”

As
it
stands,
Adelson’s
sentencing
scoresheet
totaled
258
points;
his
lawyer
is
disputing
120
of
them.
Due
process
is
a
vital
component
to
achieving
the
rule
of
law.
If
the
tally
is
reduced
accordingly,
Adelson’s
resentencing
could
result
in
a
shorter
amount
of
time
to
be
served.


Charlie
Adelson
Lawyer
Seeks
Resentencing
On
Two
Counts
In
Dan
Markel
Murder
Case

[Tallahassee]


Earlier
:

Lawyer
Conflicts
Create
More
Delay
In
Murdered
Law
Professor
Case



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.

Snow-Related Court Delays Are No Match For Lawyers Who Worked During COVID – Above the Law

(Photo
by
Al
Drago/Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


My
general
reaction
is
that
in
the
post-COVID
world,
courts
and
lawyers
handle
delays
and
closures
pretty
well.





Michael
Sklaire
,
co-managing
shareholder
of
Greenberg
Traurig’s
Northern
Virginia
office,
in
comments
given
to
the

National
Law
Journal
,
ahead
of
the
winter
storm
that
prompted
the
closure
of
state
and
federal
courts
across
multiple
states,
including
Illinois,
Ohio,
Maryland,
and
Virginia.
Sklaire
continued,
noting
that
D.C.
litigators
would
handle
matters
appropriately,
“[w]hether
through
remote
testimony
or
extended
days.”
He
concluded,
saying,
“[E]veryone
knows
that
January
in
D.C.
brings
challenges
and
prepare
for
that.”



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.

DOJ Adds New Plaintiffs In Antitrust Suit Accusing Landlords Of Price Fixing Rent – Above the Law

Once
upon
a
time,
complaints
about
the
cost
of
living
were
met
with
snarky
responses
about
leisure
spending.
“Can’t
buy
a
house?
Stop
eating
avocado
toast,
dumb-dumb!”
As
much
as
I
wish
that
was
a
clever
absurdism
I
came
up
with,

that
was
an
actual
response
to
millennials
not
being
able
to
buy
homes
.
The
excuses
change
a
bit
over
time
but
excuses
they
remain

the
more
recent
explanation
they
want
people
to
believe
is
that
people
aren’t
buying
homes
because
they
simply
would
rather
not:

Not
only
has
rent
been
too
damn
high,
the
DOJ
is
accusing
landlords
of
concerted
efforts
to
keep
it
that
way!

Globest

has
coverage:

[T]he
U.S.
Department
of
Justice
has
added
six
major
apartment
landlords
as
defendants,
alleging
their
involvement
in
a
widespread
scheme
to
artificially
inflate
rents
across
the
nation.

The
amended
civil
complaint,
filed
on
Tuesday,
accuses
these
firms
of
using
RealPage’s
rent-pricing
algorithm
to
engage
in
illegal
price
fixing,
potentially
affecting
millions
of
renters
across
the
United
States.

The
newly
named
defendants
include
the
country’s
largest
apartment
owners:
Greystar
Real
Estate
Partners,
Blackstone’s
LivCor,
Willow
Bridge
Property
Company,
Camden
Property
Trust,
Pinnacle
(and
its
parent
company
Cushman
&
Wakefield),
and
Cortland.

This
small
group
of
firms
controls
over
1.3
million
units
across
the
country.
Buying
homes
en
masse
and
colluding
to
keep
rental
costs
high
probably
has
more
to
do
with
today’s
high
cost
of
entry
housing
market
than
a
penchant
for
fancy
toast
or
preferring
to
pay
rent.
A
2019
estimate
of
how
much
monopolies
cost
the
average
American
family
put
the
number

at
about
$300
per
month
.
I
shudder
to
think
about
what
an
up-to-date
assessment
of
the
same
would
be
valued
at.


DOJ
Expands
Antitrust
Lawsuit,
Targets
Major
Landlords
in
Rent-Fixing
Scheme

[Globest]



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.

Donald Trump Demands SCOTUS Do Him A Favor Though – Above the Law

(Photographer:
Jabin
Botsford/The
Washington
Post/Bloomberg
via
Getty
Images)

The
once
and
future
president
is
breaking
shit
in
all
the
courts
at
once.
He’s
hoping
to
get
SCOTUS
to
nix
his
sentencing
in
New
York,
even
as
he
tries
to
persuade
the
Eleventh
Circuit
to
bottle
up
Special
Counsel
Jack
Smith’s
report
long
enough
for
incoming
Attorney
General
Pam
Bondi
to
burn
every
copy.

In
New
York,
Trump
demands
that
his
sentencing
be
adjourned
so
he
can
pursue
an
interlocutory
appeal
of
the
denial
of
his
motion
to
dismiss
on
immunity
grounds.
He
insists
that
the
conviction
for
creating
false
business
records
to
cover
up
a
hush
money
payment
rests
on
official
acts
evidence,
and
thus
he
is
entitled
to
an
automatic
stay
until
2029
(or
preferably
never).
Alternatively,
his
lawyers
John
Sauer
and
Todd
Blanche
have
invented
a
theory
of
president-elect
immunity
that
they
can

just
about

argue
with
a
straight
face.

So
far,
they’re
not
getting
any
takers.
Justice
Merchan
just
rolled
his
eyes,
after
which
Trump
filed
an
filed
an

emergency
petition

with
the
New
York’s
Appellate
Division,
which
was summarily
rejected

by
Associate
Justice
Ellen
Gesmer
after
a
brief
hearing
on
Tuesday.
Trump
then
made
a
token
feint
in
the
direction
of
the
New
York
Court
of
Appeals
before
racing
to
SCOTUS
and

demanding

that
it
enjoin
his
sentencing,
which
is
currently
scheduled
for
Friday
morning.

“Forcing
President
Trump
to
defend
a
criminal
case
and
appear
for
a
criminal
sentencing
hearing
at
the
apex
of
the
Presidential
transition
creates
a
constitutionally
intolerable
risk
of
disruption
to
national
security
and
America’s
vital
interests,”
vamped
future
Deputy
AG
Blanche
and
future
solicitor
general
Sauer.
“By
contrast,
the
State
of
New
York’s
asserted
interest
in
proceeding
with
the
criminal
sentencing
of
the
President-Elect
of
the
United
States
on
politically
motivated
charges
at
breakneck
speed
at
the
apex
of
a
Presidential
transition
should
be
accorded
no
weight.”

They
blame
the
trial
court
for
the
last-minute
filing,
omitting
to
mention
that
Trump
himself
demanded
three
delays
of
sentencing,
which
was
originally
scheduled
for
July,
and
then
waited
three
weeks
after
Justice
Merchan
rejected
his
immunity
claims
to
assert
said
“automatic”
stay:
“Because
it
is
highly
questionable
whether
the
New
York
Court
of
Appeals
will
act
in
the
next
48
hours,
filing
applications
in
both
courts
appears
to
be
the
only
viable
option.”

Justice
Sotomayor,
who
fields
emergency
requests
from
New
York,
has
given
District
Attorney
Alvin
Bragg
until
10
a.m.
Thursday
to
respond.
Then
we’ll
find
out
if
the
Supreme
Court’s
six
conservatives
want
to
hang

Trump
v.
People
of
New
York

next
to

Trump
v.
US

on
its
wall
of
shame
before
the
outrages
of
the
next
four
years
even
get
underway.

Meanwhile
in
Florida,
Judge
Aileen
Cannon

purported

to
stay
the
release
of
the
special
counsel
report,
despite
apparently
lacking
jurisdiction
over
the
documents
case.
Trump’s
dimwit
henchmen,
Walt
Nauta
and
Carlos
De
Oliveira,
simultaneously
filed
in
the
Eleventh
Circuit,
where
they
bizarrely
asserted
rights
under
the
Presidential
Transition
Act
and
the
Executive
Vesting
Clause.
This
may
have
something
to
do
with
the
fact
that
at
least
one
lawyer
representing
them,
Stan
Woodward,
is
headed
to
a
job
in
the
upcoming
Trump
administration.

The
Eleventh
Circuit,
which
does
have
jurisdiction,
gave
the
DOJ
until
this
morning
to
respond.
And
so
today
the
government

warranted

that
it
will
not
be
publicly
releasing
Volume
2
of
the
Special
Counsel
report
detailing
Trump’s
efforts
to
steal
government
records
and
hide
them
in
his
pool
locker
until
such
time
as
the
pending
case
against
the
dimwit
henchmen
is
resolved.

“The
essential
premise
of
defendants’
emergency
motion—that,
absent
this
Court’s
intervention,
‘Attorney
General
Garland
is
certain
to
make
[the
Final
Report]
immediately
public’
and
thereby
cause
irreparable
prejudice
to
defendants’
criminal
proceedings
(Mot.
1)—is
thus
mistaken,”
the
prosecutors
write,
adding
that
“Defendants
Nauta
and
De
Oliveira
have
no
cognizable
interest
in
that
volume
of
the
Final
Report,
however,
nor
any
plausible
theory
of
Article
III
standing
that
would
justify
their
asking
this
Court
to
grant
relief
with
respect
to
it.”

This
highlights
the
absolute
insanity
of
allowing
a
trial
judge
who
dismissed
the
case
to
order
the
DOJ
to
do anything
at
all
,
much
less
retain
jurisdiction
over
the
Justice
Department
for
three
days
after
the
Eleventh
Circuit’s
disposition
of
the
emergency
motion.

“To
avoid
the
potential
need
for
further
emergency
litigation
in
this
Court,
the
United
States
respectfully
requests
that
this
Court
make
clear
in
denying
the
motion
that
its
resolution
of
this
question
should
be
the
last
word
(absent
review
by
the
en
banc
court
or
the
Supreme
Court),”
the
DOJ
notes
pointedly.
“The
United
States
respectfully
requests
that,
if
this
Court
agrees
that
no
injunction
against
the
Attorney
General
is
warranted,
the
Court
should
say
so
in
an
order
binding
on
the
district
court
and
vacate
the
district
court’s
temporary
injunction.”

Nauta
and
De
Oliveira
offered
to
respond
to
the
DOJ’s
motion
by
10
a.m.
tomorrow,
only
to
be
told
that
they
can
get
their
homework
in
by
5
today.
Will
they
be
asserting
henchmen-to-the-president-elect
privilege?


Probably!


US
v.
Trump
 [SDFL
Docket
via
Court
Listener]

US
v.
Trump
 [11th
Circuit
Docket
via
Court
Listener]





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

Biglaw Associate Files Discrimination Lawsuit Alleging He Was Fired Because He Doesn’t ‘Endorse The Same Leftist Worldview’ – Above the Law

Last
year,

news
broke

about
William
D.
Brown
Jr.,
a
former
associate
at
McCarter
&
English,
who,
in
the
wake
of
his
firing
from
Biglaw,
blamed
his
new
employment
status
on
a
“political
purge”
of
conservatives
and
a
LinkedIn
post
he
penned
about
“gangsta
rap”
and
violence
in
the
Muslim
world,
which
the
firm
contended
advanced
harmful
racial
stereotypes.
TBH,
in
the
11
months
since
I

first
wrote
about
Brown
,
I’d
forgotten
all
the
discrimination
he
claimed
to
experience
during
his
time
in
Biglaw,
and
I
can
only
assure
you
it’s
QUITE
THE
JOURNEY.

Well,
Brown
has
finally
filed

a
lawsuit

in
Essex
County
Superior
Court
in
New
Jersey
against
McCarter
&
English.
The
actual
filing
alleges
it
was
Brown’s
veteran
status
and
complaints
about
unequal
pay
were
the
*real*
reasons
for
his
dismissal
and
the
the
firm’s
concerns
about
the
controversial
“gangsta
rap”
social
media
post
were
merely
a
smokescreen
for
discriminatory
behavior.

According
to
the
complaint,
“No
other
protected
class
was
subjected
to
such
treatment
within
the
defendant’s
workplace,
which
was
replete
with
a
robust
DEI
and
Social
Justice
structure
which
wholly
neglected
the
tiny
minority
of
veterans
within
their
own
ranks
at
the
firm.”
As

reported
by

Law.com:

The
complaint
further
details
allegations
of
Brown
being
excluded
from
the
firm’s
annual
diversity
retreat
despite
his
veteran
status
throughout
his
time
at
the
firm,
as
well
as
being
“berated”
for
asking
why
the
firm’s
DEI
committee
failed
to
send
an
email
out
commemorating
the
terrorist
attacks
on
Sept.
11,
2001,
in
2022
and
for
making
a
LinkedIn
post
in
2023
observing
that
veterans
“are
paid
substantially
less
for
the
same
work
as
others
and
then
pressured
out
and
denied
opportunities
when
we
speak
up
for
ourselves.”

The
day
after
he
made
that
LinkedIn
post,
Brown
claims,
he
was
brought
into
a
conference
room
with
the
firm’s
managing
partner,
Joseph
Boccassini,
and
employment
equity
partner
Adam
Saravay
and
asked
“if
he
was
mentally
sound.”

“The
implication
of
violent
intent

plays
into
the
worst
media
stereotypes
of
veterans
as
mentally
damaged
and
dangerous,”
the
complaint
reads.

As
a
career
bankruptcy
associate,
Brown
made
less
than
newly
hired
associates.
The
complaint
also
points
to
his
efforts
“to
receive
fair
and
equal
pay
for
the
same
work,”
as
motivation
for
his
firing.
Additionally,
Brown
asserts
the
firm
assigned
him
sexual-abuse
defense
work
in
an
effort
to
push
him
out
of
McCarter.

Brown
also
sought
a
referral
for
a
fellow
veteran
facing
charges
related
to
the
January
6th
insurrection.
The
firm
did
not
provide
one,
and
that’s
another
complaint
Brown
lodges
about
his
time
at
the
firm.
“At
defendant
McCarter
there
were
clearly
separate
standards
of
acceptable
conduct
in
interaction
with
those
employees
who
adhered
to
political
left
orthodoxy,
and
those
who
committed
political
heresy
by
supporting
the
rights
of
the
accused
who
happened
to
not
endorse
the
same
leftist
worldview.”

A
spokesperson
for
McCarter
&
English
provided
the
following
statement:
“As
always
with
an
initial
complaint,
it
tells
one
side
of
the
story.
Once
the
full
history
is
brought
to
light,
we
are
confident
we
will
be
fully
vindicated.
We
intend
to
defend
this
case
against
the
firm
and
clear
the
names
of
those
individuals
referenced
within
the
complaint.”




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].

The Staggering Cost Of Law Firm Data Breaches: Protecting Your Firm – Above the Law

Ed.
note
:
This
is
the
latest
in
the
article
series,


Cybersecurity:
Tips
From
the
Trenches
,

by
our
friends
at

Sensei
Enterprises
,
a
boutique
provider
of
IT,
cybersecurity,
and
digital
forensics
services.

As
we
begin
2025,
attorneys
hope
the
new
year
brings
them
happiness,
health,
and
prosperity.
One
situation
every
law
firm
wants
to
avoid
this
upcoming
year
is
a
cyber
incident
or,
worse,
a
data
breach.
Not
all
cyber
incidents
are
data
breaches,
but
cybersecurity
protections
should
be
implemented
to
protect
your
firm’s
information
and
confidential
files.

Keeping
attackers
out
of
your
information
systems
has
become
more
challenging
than
ever.
Cyber
threats
have
become
more
sophisticated,
harder
to
detect,
and
much
more
expensive
to
recover
from.
According
to
Thomson
Reuters,
in
2024,
the
average
cost
of
a
data
breach
reached
$4.88
million.
That
cost
alone
may
sink
some
law
firms,
especially
those
which
are
under-insured.
Understanding
the
actual
cost
of
a
data
breach
will
only
help
firms
realize
the
critical
importance
of
maintaining
current
cybersecurity
measures.


Data
Breach
Defined

A
data
breach
is
a
security
incident
in
which
unauthorized
individuals
gain
access
to
sensitive
or
confidential
information,
like
personal
data
(Social
Security
numbers,
bank
details)
or
corporate
data
(customer
records,
intellectual
property),
due
to
a
lapse
in
security
measures,
often
through
hacking
or
human
error.
Essentially,
it’s
when
private
information
is
exposed
to
people
who
shouldn’t
have
access
to
it.

Data
breaches
can
occur
in
many
ways,
including
phishing
attacks,
malware,
ransomware,
and
insider
attacks.
They
can
result
in
identity
theft,
financial
fraud,
reputational
damage,
and
possibly
legal
action.
Class
action
lawsuits
are
proliferating
with
frightful
speed.

Phishing
attacks
are
more
sophisticated
than
ever,
and
when
combined
with
AI,
they
can
get
through
email
protection
filters
and
steal
users’
credentials
(these
are
called
Business
Email
Compromise
attacks).

Current
ransomware,
the
data
exfiltration
version,
continues
to
plague
law
firms
by
requesting
two
ransom
payments:
one
to
decrypt
and
another
to
return
“stolen”
data.

Exploiting
vulnerabilities
of
dated,
unpatched
systems
allows
attackers
to
access
the
infected
system
and
move
laterally
within
the
network,
evading
detection
by
common
standard
cybersecurity
measures.

Lastly,
the
disgruntled
former
employee
must
not
be
forgotten,
as
sometimes
they
can
cause
far
more
significant
damage
given
their
intimate
knowledge
of
the
firm’s
technology.


The
Financial
Impact:
It’s
Often
Brutal

There
are
some
obvious
costs
associated
with
data
breaches.
First,
there
is
the
immediate
reaction
and
incident
response.
You
may
have
expenses
with
information
technology
vendors,
cybersecurity
consultants,
and
digital
forensics
investigators
to
understand
what
happened,
the
scope
of
the
attack,
and
what
confidential
data
may
have
been
accessed
or
stolen.

Business
continuity
costs
are
the
expenses
relating
to
the
recovery
and
restoration
of
your
systems,
which
can
be
expensive,
depending
on
the
number
of
infected
endpoints
and
the
complexity
of
the
technical
environment.
Getting
your
business
back
up
and
operational
is
key
to
surviving
a
data
breach.
An
immutable
backup
(backups
that
cannot
be
changed
or
deleted
for
a
specified
period
of
time)
you
can
restore
from
is
the
#1
antidote
to
recovering
from
the
venom
of
a
cyber-attack
such
as
ransomware.

Depending
on
the
scope
and
severity,
law
firms
are
now
facing
regulatory
fines
for
violating
state
data
privacy
laws,
on
top
of
the
threat
of
a
class
action
lawsuit.
Retaining
legal
representation
to
defend
against
these
additional
actions
can
be
astronomical
and
is
another
cost
to
add
to
the
heaping
pile
of
expenses
due
to
a
data
breach.

Lastly,
and
the
hardest
to
measure,
is
reputational
damage.
How
many
clients
were
lost
due
to
the
breach?
How
many
potential
clients
took
their
business
elsewhere?
How
many
employees
have
left
your
firm,
and
are
you
finding
replacing
them
with
good
talent
more
challenging?
These
are
all
data
points
that
we
hope
you
never
have
to
measure.

You
can
reduce
your
firm’s
risk
of
experiencing
data
breaches
in
several
ways.
While
no
combination
is
100%
effective,
every
little
bit
helps.
Mandatory
cybersecurity
awareness
training,
having
a
good
cybersecurity
posture,
risk
management
controls,
proactive
monitoring
for
cyber
incidents,
and
following
cybersecurity
best
practices
for
small
businesses
such
as
NIST
(https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.1300.pdf)
or
CISA
(https://www.cisa.gov/cyber-guidance-small-businesses)
guidelines
are
great
ways
to
start
2025
on
the
right
path
toward
an
incident-free
year.




Michael
C.
Maschke
([email protected])
is
the
President
and
Chief
Executive
Officer
of
Sensei
Enterprises,
Inc.
Mr.Maschke
is
an
EnCase
Certified
Examiner
(EnCE),
a
Certified
Computer
Examiner
(CCE
#744),
an
AccessData
Certified
Examiner
(ACE),
a
Certified
Ethical
Hacker
(CEH), and
a
Certified
Information
Systems
Security
Professional
(CISSP).
He
is
a
frequent
speaker
on
IT,
cybersecurity,
and
digital
forensics
and
he
has
co-authored
14
books
published
by
the
American
Bar
Association.



Sharon
D.
Nelson
([email protected])
is
the
co-founder
of
and
consultant
to
Sensei
Enterprises,
Inc.
She
is
a
past
president
of
the
Virginia
State
Bar,
the
Fairfax
Bar
Association,
and
the
Fairfax
Law
Foundation.
She
is
a
co-author
of
18
books
published
by
the
ABA.



John
W.
Simek
([email protected])
is
the
co-founder
of
and
consultant
to
Sensei
Enterprises,
Inc.
He
is
a
Certified
Information
Systems
Security
Professional
(CISSP),
a Certified
Ethical
Hacker
(CEH),
and
a
nationally
known
digital
forensics
expert.
He
is
a
co-author
of
18
books
published
by
the
ABA.