You Can Go Ahead And Bet On The 2024 Election – Above the Law

(Image
via
Getty)


In
short,
the
concerns
voiced
by
the
[Commodity
Futures
Trading
Commission]
are
understandable
given
the
uncertain
effects
that
Congressional
Control
Contracts
will
have
on
our
elections,
which
are
the
very
linchpin
of
our
democracy.


But
whether
the
statutory
text
allows
the
Commission
to
bar
such
event
contracts
is
debatable,
and
the
Commission
has
not
substantiated
that
risks
to
election
integrity
are
likely
to
materialize
if
Kalshi[Ex]
is
allowed
to
operate
its
exchange
during
the
pendency
of
this
appeal.




—U.S.
Court
of
Appeals
for
the
D.C.
Circuit
Judge
Patricia
Millett,
joined
by
Judges
Cornelia
Pillard
and
Florence
Pan,
ruling
that
commodities
exchange
KalshiEx

can
take
bets

on
which
party
will
take
control
of
Congress
following
the
November
election.
The
Commodity
Futures
Trading
Commission
argued
such
bets
incentivize
misinformation
“seeking
to
influence
perceptions
of
a
political
party
or
a
party
candidate’s
success.”
But
the
D.C.
Circuit
found
that
such
bets
were
not
in
violation
of
the
Commodity
Exchange
Act.

CoCounsel Drafting: An AI-Powered Game Changer For Legal Professionals – Above the Law

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Prominent Law Firm Hit With Lawsuit Over Alleged Litigation Tactics – Above the Law

Employment
law
firm
Wigdor
Law
is
known
for
taking
on
big

and
highly
publicized

cases

focusing

on
representing
clients
with
discrimination,
sexual
harassment
or
assault
claims.
And
they

take
on
big
names


the
NFL,
Meta,
Sean
Combs,
Intel,
St.
Lawrence
University,
Harvey
Weinstein,
TikTok,
to
name
a
few.
But
it
is
the
firm’s
litigation
surrounding
the
sexual
misconduct
allegations
of
former
New
York
Governor
Andrew
Cuomo
that
led
to
a
lawsuit
being
filed
against
the
firm.

Former
Cuomo
spokesperson,
Richard
Azzopardi,
filed
a
malicious
prosecution
lawsuit
against
Wigdor
Law
in
New
York
state
court
earlier
this
week.
(Complaint
available
below.)
In
2022,
Wigdor
represented
an
anonymous
New
York
trooper
(trooper
1)
that
alleged
sexual
harassment
at
the
hands
of
Cuomo,
and
that
lawsuit
included
claims
against
Azzopardi.
But
Azzopardi
alleges
Wigdor
had
“full
knowledge
that
the
claims
asserted
were
frivolous
and
unsustainable
as
a
matter
of
law.”

Azzoparsi
claims
he
was
publicly
critical
of
trooper
1’s
lawsuit
against
Cuomo
and
the
Wigdor
Law
firm
and,
thus,
in
retaliation
claims
were
added
against
Azzopardi.
As

reported
by

Law360:

Azzopardi
said
Wigdor
is
“widely
known
to
use
the
press
to
extort
settlements
on
behalf
of
‘anonymous
claimants’”
in
a
public
statement
issued
shortly
after
the
trooper’s
suit
was
filed,
the
complaint
says.

A
day
later,
the
trooper
filed
an
amended
complaint
that
added
Azzopardi
as
a
defendant
on
one
claim
of
retaliation.

“Defendant
Wigdor

joined
Azzopardi
to
the
pre-existing
suit
solely
because
he
had
publicly
expressed
his
opinions
about
defendant
Wigdor’s
practices,”
Azzopardi
said.


Earlier
this
year
,
the
retaliation
claim
against
Azzopardi
was
thrown
out.
Trooper
1
subsequently
filed
a
new
lawsuit
against
Azzopardi
and
Cuomo
alleging
they
attempted
to
“coerce,
intimidate
and
threaten
trooper
1.”
Azzopardi
was
critical
of
the
new
lawsuit,
“This
new
state
action
materially
regurgitates
the
same
allegations
contained
in
the
now
dismissed
federal
complaint.”

Azzopardi’s
complaint
alleges
that
the
litigation
against
him
was
designed
by
the
firm
to
maximize
the
negative
impact,
“Defendant
Wigdor
filed
the
first
amended
federal
complaint
and
publicized
it
widely
solely
to
harm,
render
unmarketable
and
humiliate
Azzopardi.”

Wigdor
has
gone
on
the
offensive
in
the
face
of
the
lawsuit
with
attorney
Valdi
Licul
saying
Azzopardi’s
lawsuit
is
“the
latest
attempt
to
silence
one
of
Andrew
Cuomo’s
victims
and
interfere
with
her
rights.”

“As
set
forth
in
Trooper
1’s
recently-filed
complaint,
Mr.
Cuomo

often
through
his
spokesperson
Richard
Azzopardi

has
lobbed
threats
at
anyone
who
has
sought
to
hold
him
to
account
for
creating
what
federal
and
state
authorities
have
repeatedly
found
to
be
a
hostile
work
environment
for
women,”
Licul
said.
“We
will
not
be
deterred
by
this
latest
desperate
tactic.”

1884000-1884762-not_assigned_richard_azzopardi_v_trooper_1_et_al_summons___complaint_1




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
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@Kathryn1
 or
Mastodon

@[email protected].

Mastering Legal Operations: 3 Unexpected Lessons For Success In A Dynamic Field – Above the Law

Navigating
the
world
of
legal
operations
can
feel
as
unpredictable
as
the
weather.
In
a
recent
conversation
with
Adam
Becker,
director
of
legal
operations
at
Cockroach
Labs
and
a
CLOC
board
member,
I
delved
into
the
twists
and
turns
of
his
journey
from
law
firm
associate
to
a
leading
figure
in
legal
ops

a
role
that
didn’t
even
exist
when
he
graduated
from
law
school.
Adam’s
path
is
a
testament
to
the
evolution
of
the
legal
field
and
offers
valuable
lessons
for
anyone
looking
to
thrive
in
this
dynamic
space.
Here
are
three
unexpected
takeaways
from
our
conversation.

1.

Curiosity
Is
Your
Most
Valuable
Asset

One
of
the
most
striking
aspects
of
Adam’s
career
trajectory
is
his
unwavering
curiosity.
For
Adam,
curiosity
isn’t
just
a
nice-to-have
trait

it’s
the
cornerstone
of
success
in
legal
operations.
Being
curious
means
constantly
asking
questions
about
how
things
work,
why
certain
processes
are
in
place,
and
how
they
can
be
improved.
This
trait
allows
legal
ops
professionals
to
stay
ahead
of
the
curve
and
adapt
to
new
challenges
as
they
arise.

Adam’s
advice?
Never
stop
learning.
Whether
it’s
understanding
the
latest
technological
advancements
in
the
legal
field
or
exploring
new
ways
to
streamline
processes,
staying
curious
keeps
you
engaged
and
proactive.
In
a
rapidly
evolving
landscape
like
legal
ops,
where
new
problems
surface
daily,
curiosity
drives
innovation
and
problem-solving.

2.

The
Power
Of
The
“For
Now”
Job

Many
professionals
view
a
job
as
a
stepping
stone
to
something
bigger

a
“for
now”
role.
Adam’s
perspective
on
this
is
refreshingly
different.
Instead
of
seeing
these
roles
as
mere
placeholders,
he
views
them
as
opportunities
to
gain
experience,
build
skills,
and
prepare
for
the
next
big
leap.
A
“for
now”
job
is
not
about
complacency;
it’s
about
strategically
positioning
yourself
for
future
opportunities.

Adam
emphasizes
the
importance
of
having
a
clear
end
date
or
milestone
for
these
transitional
roles.
This
helps
maintain
focus
and
ensures
that
you
are
actively
working
towards
your
long-term
career
goals.
By
treating
each
job
as
a
learning
and
earning
opportunity,
you
can
turn
even
a
temporary
position
into
a
meaningful
chapter
in
your
career
narrative.

3.

Build
Your
Own
Board
Of
Advisors

Navigating
your
career,
especially
in
a
field
as
dynamic
as
legal
ops,
requires
more
than
just
professional
skills

it
demands
a
solid
support
network.
Adam
highlights
the
importance
of
building
a
personal
“board
of
advisors”

a
group
of
trusted
individuals
who
can
offer
diverse
perspectives
and
honest
feedback.
This
group
isn’t
limited
to
traditional
mentors;
it
can
include
former
managers,
peers,
direct
reports,
or
even
professionals
from
different
industries.

What’s
key,
Adam
notes,
is
maintaining
these
relationships
over
time
and
being
open
to
their
input,
even
when
it’s
not
what
you
want
to
hear.
The
insights
and
advice
from
your
board
of
advisors
can
provide
clarity
and
direction,
helping
you
navigate
career
changes,
seize
new
opportunities,
and
avoid
potential
pitfalls.


Embrace
The
Unexpected
In
Legal
Ops

Adam
Becker’s
journey
in
legal
operations
is
a
powerful
reminder
that
success
in
this
field
isn’t
just
about
following
a
set
path;
it’s
about
being
adaptable,
staying
curious,
and
leveraging
every
opportunity
for
growth.
By
embracing
these
three
unexpected
lessons

cultivating
curiosity,
treating
every
job
as
a
strategic
opportunity,
and
building
a
strong
network

you
can
navigate
the
unpredictable
landscape
of
legal
operations
with
confidence
and
creativity.

For
those
looking
to
dive
deeper
into
Adam’s
experiences
and
gain
more
insights
on
thriving
in
legal
ops,
be
sure
to
check
out
the
full
episode.
It’s
packed
with
practical
tips
and
strategies
to
help
you
turn
challenges
into
opportunities
and
build
a
successful
career
in
this
exciting
and
ever-evolving
field.




Olga MackOlga
V.
Mack



is
a
Fellow
at
CodeX,
The
Stanford
Center
for
Legal
Informatics,
and
a
Generative
AI
Editor
at
law.MIT.
Olga
embraces
legal
innovation
and
had
dedicated
her
career
to
improving
and
shaping
the
future
of
law.
She
is
convinced
that
the
legal
profession
will
emerge
even
stronger,
more
resilient,
and
more
inclusive
than
before
by
embracing
technology.
Olga
is
also
an
award-winning
general
counsel,
operations
professional,
startup
advisor,
public
speaker,
adjunct
professor,
and
entrepreneur.
She
authored 
Get
on
Board:
Earning
Your
Ticket
to
a
Corporate
Board
Seat
Fundamentals
of
Smart
Contract
Security
,
and  
Blockchain
Value:
Transforming
Business
Models,
Society,
and
Communities
. She
is
working
on
three
books:



Visual
IQ
for
Lawyers
(ABA
2024), The
Rise
of
Product
Lawyers:
An
Analytical
Framework
to
Systematically
Advise
Your
Clients
Throughout
the
Product
Lifecycle
(Globe
Law
and
Business
2024),
and
Legal
Operations
in
the
Age
of
AI
and
Data
(Globe
Law
and
Business
2024).
You
can
follow
Olga
on




LinkedIn



and
Twitter
@olgavmack.

Forging a Noncompete Policy That Works for Healthcare – MedCity News

The
litigation
tying
up
the
Federal
Trade
Commission’s
new
rule
prohibiting
for-profit
companies
from
requiring
noncompete
clauses
gives
everyone
in
healthcare
time
to
consider
the
unique
needs
of
our
industry
in
crafting
a
policy
that
works
for
patients,
physicians
and
provider
organizations.

Many
feel
that
noncompete
policies
too
often
disrupt
the
patient-physician
relationship
and
may
also
force
a
physician
to
move
and
re-establish
their
practice
elsewhere. 

That
said,
there
are
legitimate
investments
that
many
hospitals,
health
systems
and
larger
physician
practices
make
in
helping
a
physician
establish
a
practice
in
a
new
market.
There
are
better
ways
to
acknowledge
those
investments
than
an
inflexible
noncompete
clause.
A
more
measured
approach
to
noncompete
clauses
can
be
fair
to
physicians
and
provider
organizations,
and
also
serve
patients
better.

Here
are
four
elements
for
a
policy
on
noncompetes
that
works
for
healthcare:

First,
a
new
policy
on
noncompete
clauses
must
apply
to
all
entities
that
employ
physicians,
for-profit
and
not-for-profit
alike.
There
are
legitimate
questions
about
whether
the
FTC
could
enforce
its
original
noncompete
ban
on
not-for-profit
hospitals,
because
the
jurisdiction
of
the
FTC
generally
is
limited
to
for-profit
companies.
This
fact
uniquely
impacts
healthcare,
given
the
prevalence
of
not-for-profit
hospitals
and
health
systems. 

While
some
legal
ambiguity
exists
about
the
FTC’s
jurisdiction
over
physicians
employed
by
not-for-profit
hospitals
(e.g.,
a
not-for-profit
can
own
a
for-profit
subsidiary
that
employs
physicians),
an
ideal
noncompete
rule
would
ensure
a
level
playing
field.

Second,
a
new
noncompete
policy
should
provide
a
way
for
employees
to
buy
their
way
out
of
their
contract.
Hospitals
that
invest
in
helping
a
physician
build
their
practice
have
a
fair
point
in
wanting
to
recoup
that
investment.
At
the
same
time,
employed
physicians
make
a
substantial
investment
of
their
time
in
building
relationships
with
patients
in
order
to
deliver
the
best
possible
care.  

Should
a
provider
wish
to
sever
their
contractual
relationship
they
should
be
able
to
buy
their
way
out
of
that
commitment
at
a
fair
and
established
amount.
This
balance
of
rights
and
responsibilities
provides
the
right
incentives
for
both
hospitals
and
physicians.

A
third
element
of
a
sound
policy
is
related:
Noncompete
clauses
should
have
a
time
limit.
For
example,
let’s
say
the
income
support
in
a
physician
agreement
lasts
three
years.
Another
three
years
beyond
seems
a
reasonable
time
for
the
noncompete
clause
to
time
out,
giving
the
employer
the
opportunity
to
recoup
the
initial
investment.
If
the
employer
has
not
recouped
its
investment
in
that
time,
the
problem
is
not
the
physician,
but
rather
the
management
and
support
of
that
physician,
and
the
physician
should
not
be
penalized.

Finally,
noncompete
policy
should
require
a
provider
organization
to
allow
communication
to
patients
about
a
provider
moving
on
to
a
new
practice
or
health
system.
This
element
would
be
effective
only
if
the
physician
satisfied
the
buyout
or
time
provisions.

Provider
organizations
could
be
required
to
allow
a
moving
physician
to
contact
their
patients
through
the
provider
organization’s
communication
systems
once
at
the
outset
of
the
physician’s
departure.
Then
for
a
period
of
time,
perhaps
a
year,
the
provider
organization
would
be
required
to
give
the
physician’s
new
contact
details
to
patients
who
request
the
information.
Patients
should
not
be
penalized
or
held
captive.

Perhaps
this
is
an
element
that
should
apply
only
in
healthcare,
a
recognition
of
the
unique
harm
of
disrupting
the
patient-physician
relationship.
This
requirement
would
go
a
long
way
toward
minimizing
that
disruption.

A
federal
policy
on
noncompete
agreements
that
recognized
the
unique
nature
of
healthcare
would
not
be
unprecedented.
Maintaining
the
sanctity
of
the
patient-physician
relationship
is
the
rationale
for
other
laws,
such
as
the
Anti-Kickback
Statute,
which
criminalizes
conduct
in
steering
referrals
that
is
routine
in
many
other
industries.

Healthcare
leaders
should
press
this
case
with
federal
lawmakers
and
policymakers
while
we
have
this
pause
in
the
FTC’s
rulemaking.
No
matter
what
happens
in
court,
this
is
one
genie
that
isn’t
going
back
in
the
bottle
any
time
soon.


Photo:
FG
Trade,
Getty
Images


Jasen
Gundersen,
MD
,
is
CEO
of

CardioOne
,
a
cardiology-focused
care
delivery
enablement
company,
and
is
a
member
of
the
board
of
the
American
Independent
Medical
Practice
Association.

This
post
appears
through
the MedCity
Influencers

program.
Anyone
can
publish
their
perspective
on
business
and
innovation
in
healthcare
on
MedCity
News
through
MedCity
Influencers. Click
here
to
find
out
how
.

Morning Docket: 10.03.24 – Above the Law

(Photo
by
Tom
Brenner
for
The
Washington
Post
via
Getty
Images)

*
Latest
redacted
filing
in
Trump
case
paints
an
overwhelming
portrait
of
criminality
that
the
Supreme
Court
will
make
up
even
more
new
rules
to
squelch.
[

New
Republic
]

*

Judge
who
handcuffed
innocent
teen

is
back
presiding
over
cases.
[ABA
Journal
]

*
Eight
states
will
vote
on
banning
non-citizens
from
voting…
which
is
already
illegal.
[Reuters]

*
UnitedHealth
sues
the
government
after
its
ratings
dropped
based
on
bad
customer
service.
A
health
insurer
paying
lawyers
to
file
a
lawsuit
rather
than
fix
customer
service
is
the
most
American
health
industry
outcome.
[Bloomberg
Law
News
]

*
SEC
Enforcement
director
moving
on.
[Law360]

*
Mansfield
certifications
released.
[American
Lawyer
]

Overseeing The Eric Adams Corruption Case – Above the Law

(Photo
by
TIMOTHY
A.
CLARY/AFP
via
Getty
Images)



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


Which
Biden-appointed
Southern
District
of
New
York
judge
is
overseeing
the
corruption
case
against
New
York
City
Mayor

Eric
Adams
?


Hint:
The
former
Director
of
the American
Civil
Liberties
Union Voting
Rights
Project
took
over
the
seat
left
by
Judge

Katherine
Forrest
.



See
the
answer
on
the
next
page.

California Bar Takes Steps To Continue With Its Bar Replacement – Above the Law

Fiscal
shortcomings
prompted
the
California
bar
to
abandon
the
NCBE

find
a
cheaper
alternative
to
minting
lawyers
.
Unfortunately,
they
got
so
swept
up
in
their
innovation
that
they
forgot
the
order
of
things


the
State
Supreme
court
denied
the
Bar’s
petition
to
change
exam
methods
.
After
heading
back
to
the
drawing
board,
the
Bar
is
readying
supplies
for
a
redo.

ABA
Journal

has
coverage:

California’s
Committee
of
Bar
Examiners
approved
launching
a
propriety
bar
exam
to
be
created
by
Kaplan
Exam
Services
for
the
February
administration
and
will
submit
updated
petitions
for
the
California
Supreme
Court
to
reconsider.

The
clock
is
ticking!
The
new
exam
is
scheduled
to
happen
in
February.
If
they’d
like
to
actually
administer
the
test
then,
they’ll
need
to
mind
their
Ps
and
Qs.
Trusting
the
process
means
actually

doing

the
process!


California
Plan
To
Move
Bar
Exam
To
Kaplan
Sent
Back
To
State
Supreme
Court

[ABA
Journal]


Earlier:


California
Needs
To
Focus
On
Procedurals
Before
Administering
Bar
Replacement



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.

Already Robust Law Firm Merger Activity To Reach ‘Higher Level’ In 2025 – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


While
the
level
of
merger
activity
in
2024
is
likely
to
be
on
par
or
slightly
ahead
of
last
year,
the
pipeline
of
announced
mergers,
as
well
as
ongoing
merger
discussions,
indicates
a
higher
level
of
activity
for
2025.




An
excerpt
from
the
Fairfax
Associates

quarterly
merger
report
,
which
noted
that
tie-ups
in
2024
are
currently
“on
pace
with
2023,
which
also
saw
41
mergers
through
the
first
three
quarters.”
The
stage
has
already
been
set
for
an
active
2025,
with
mergers
between

Troutman
Pepper
and
Locke
Lord
;

Womble
Bond
Dickinson
and
Lewis
Roca
;
and

Taft
Stettinius
&
Hollister
and
Sherman
&
Howard

set
to
go
live
once
the
new
year
begins.



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

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.