Author: TSA Press

It’s hard out there. Beyond the health disaster that has taken hold of the nation, there is the very real economic upheaval. The financial ramifications have hit one Am Law 200 firm, in the words of a tipster, “especially hard.” At Schiff Hardin, which made $192,848,000 in 2018 gross revenue, ranking 150th on the Am Law 200, salary cuts are the order of the day, which for some attorneys will be 50 percent decreases.

While the majority of attorneys will see a 15 percent compensation cut, certain practice areas are taking an astonishing 50 percent hit. That is the largest cut to associate salaries Above the Law is tracking. The firm estimates it is 6 percent of Schiff Hardin attorneys who are taking this huge pay cut. Staff making $100,000+ will also be subject to the 15 percent cut, and they’ve laid off some staff members.

A spokesperson from Schiff Hardin provided the below statement, which details all of the cost-cutting measures the firm is taking:

Schiff Hardin is taking prudent steps to help the firm withstand the economic uncertainty created by the coronavirus pandemic. We are implementing various measures, including temporarily reducing compensation by 15% for most of our attorneys. About 6% of our attorneys will have their compensation reduced by up to 50% based on anticipated demand. We are reducing the salaries by up to 15% for staff who make more than $100,000, and a small number of staff will be laid off. We have canceled our summer program, but have extended offers to all five of our summer associates upon their graduation, and we have deferred the start of our incoming first year class until at least January 2021. These are challenging times for our attorneys and staff and we are asking everyone in the firm to make sacrifices and share the burden. We believe this is the right approach for our firm and will allow us to continue to provide quality service to our clients and ensure the strength of the law firm going forward as we weather this health and economic crisis.

Best of luck to those at the firm shouldering the worst of the austerity measures.

If your firm or organization is slashing salaries, closing its doors, or reducing the ranks of its lawyers or staff, whether through open layoffs, stealth layoffs, or voluntary buyouts, please don’t hesitate to let us know. Our vast network of tipsters is part of what makes Above the Law thrive. You can email us or text us (646-820-8477).

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

Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. 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).

However, yesterday’s flight was not the beginning of a new long haul future for Air Zimbabwe. Instead, the 777 has flown to Addis Ababa for maintenance, possibly in preparation for an impending lease.

Air Zimbabwe has flown its Boeing 777 (not pictured) for the first time! Photo: Getty Images

Air Zimbabwe’s unused 777

It was back in January when Air Zimbabwe celebrated the arrival of its Boeing 777 at the Robert Gabriel Mugabe International Airport in Harare. Coming from Malaysia Airlines, the 777-200 was not a particularly new or particularly unique aircraft, but for Air Zimbabwe, it held great significance.

This delivery, the first of two aircraft destined for the carrier, was a signal that the government was freshly committed to the future of the state-owned airline. Acting President Constantino Chiwenga even said at the time,

“Receipt of this Boeing 777 aircraft is clear testimony that we are taking concrete steps to capacitate our national airline so that it plays a role in promoting economic growth, creating jobs and facilitating international trade and tourism.”

Concrete steps maybe, but the plane itself may as well have been made out of concrete for all the activity its seen. Since January, it has flown precisely zero times. That was, until yesterday.

Flying off to Addis

Yesterday, Z-RGM, the 15-year-old pride, and joy of Air Zimbabwe took off from Harare at around 11:38 local time. It flew for just under four hours before touching down in Ethiopia at Addis Ababa.

The flight took just under four hours. Image: FlightRadar24

The aircraft was piloted not by a Zimbabwean aviator, but by a German chap by the name of Werner Heumann. He had arrived into Harare on Monday on board an Ethiopian Airlines repatriation flight. That in itself was somewhat controversial, not because he wasn’t a local, but because the locals on the trips, returning from the US and UK mostly, had to enter a 14-day quarantine on arrival. Heumann and a Swiss national on the flight did not.

Regardless of the strange piloting situation, where was the 777 going, and would it be coming back? Air Zimbabwe released a press statement regarding the movement on Twitter.

The airline’s explanation suggests that the 777 is undergoing maintenance. Ethiopian Airlines has a substantial MRO base in Addis, so that’s a plausible explanation. However, the likelihood of it ever returning to Zimbabwean soil is rather remote.

Never to return?

Air Zimbabwe has been mulling leasing this aircraft out for some time. Despite the government making the right noises about the airline back in January, it appears their commitment to a robust national airline remains shaky. In its statement, Air Zimbabwe said,

“The maintenance tasks are key in ensuring that the aircraft remains serviceable in line with the ongoing process of dry leasing the aircraft. Discussions and negotiations are at an advanced stage with potential short-listed lessees, and a final position will be officially communicated once an agreement has been signed.”

It added that it hopes to be able to make an announcement in the coming months regarding details of the lease.

Previously, a representative of the administrator, Mr. Tonderai Mukubvu of Grant Thornton, had indicated there were several airlines in the running to lease the long-haul plane. He told Bulawayo24,

“Government has not made any decision on the final lessee, but we have nine suitors that have shown interest. We are at advanced stages of discussions with all suitors and they all seem capable to lease the planes from a financial capacity perspective.”

It will be interesting to see whether this Boeing 777 ever goes back to Zimbabwe or straight to a lessor from Addis. Perhaps it could even stay in Addis and begin working for the incumbent Ethiopian Airlines. Either way, with it, slated to make a cool $400,000 a month for Air Zim, it could fix up a healthier future for the floundering airline.

Post published in: Featured

Zimbabwe has had a 21-day national lockdown starting on the 30th March 2020 and ending at midnight on Sunday 19th April.  The question in most people’s mind is:  Will the Government extend the lockdown?  Earlier this week President Emmerson Mnangagwa indicated that the Government will be reviewing the national lockdown on the 20th or the 21st April and will consider the possibility of an extension.

WHO Advice About Extending Lockdowns

Many countries that have had strict lockdowns are now deciding whether to extend them, or impose more restrictions, or ease restrictions.

The Secretary-General of the World Health Organisation last Friday advised that countries should ensure that the following criteria are met before they lift restrictions:

• Covid-19 transmission is controlled
• Their health systems have the capacity to detect, test, isolate and treat every case of Covid-19 and trace every contact of those infected
• Outbreak risks are minimised in special settings
• Preventative measures against Covid-19 infection are in place in essential places that people go to such as workplaces, schools, etc.
• Importation risks are managed
• Communities are fully educated and engaged to adjust to the “new norm”.

A Difficult Decision Especially for Poor Countries

Obviously Zimbabwe does not fulfil any of these criteria, so extending the lockdown seems necessary.  The spread of Covid-19 is probably just starting in Zimbabwe.  Our health services are not equipped to handle a large pandemic, therefore containing its spread is still vital.  But it needs careful thought and plans put in place.  It also need government to fully explain their decisions.  Authoritarian Governments find it easier to impose their decisions on their people but in democracies, governments need to carry the people with them in their decisions.

There is no doubt that Covid-19 is having a deadly impact on the economies of all countries affected by it and the subsequent lockdowns are necessary to prevent its spread.  Even in rich countries the choice seems to be between peoples’ lives or a plummeting economy.  Most countries have put the lives and health of their citizens first, but in a poor country where there are desperate food shortages the choice is more complex.  In Zimbabwe, where most people are in the informal economy, the impact of lockdown on their livelihoods and their networks of dependants is very great.  Social and economic cushioning is very limited in Zimbabwe, as in other poorer countries.

Many countries have had to use their security forces – usually police – to enforce lockdown restrictions, but when people are forced to break restrictions to get food or water conflict between security forces and citizens can become acute.  In Zimbabwe the conduct of the police was criticised by the President after officers were filmed burning vegetables confiscated from farmers in Mutare.  President Mnangagwa then said it was critical that food markets be allowed to function during the national lockdown.  As a consequence food markets have been exempted from the tough lockdown regulations, though this exemption has been done administratively rather than through an amendment of the relevant law.  It would have been better if the exemption had been planned in advance rather than granted off the cuff, as it were.  Food markets are crowded and social distancing is not observed, and when the exemption was granted no provision was made to protect the people thronging to them.  The police themselves have obviously not been told to take precautions and practise social distancing.

An Extension Should be Planned and Announced in Advance

Veritas strongly believes that if there is to be an extension of the national lockdown it should be announced in advance in order to prepare the members of the public, businesses, the education sector, etc.  The parameters of the restrictions should be made clear in regulations or orders and these should be made known to all law enforcement agents.

A key part of the strategy on dealing with Covid-19 that has been used in other countries is to build public trust in the leadership and the information that the public receive.  The Government should invest in a communication strategy which informs every member of society about measures that it will be taking in dealing with the pandemic.  Any extension of the lockdown must be communicated in time and its purpose explained.  Exemptions should be clear and the health of those exempted need to be fully protected.  If food markets and places where the public can get water remain open and accessible the security forces should be instructed on how they can help persuade people to practise social distancing and washing of hands and contaminated surfaces, rather than beating up people.

The Government should therefore expend energy on trust building and effective communication that allows forward planning by the public as this is key to the success of the fight against Covid-19.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Post published in: Featured

* A Florida attorney is suing over his county’s COVID-19-related curfew, arguing that “[i]t’s not like the virus is Count Dracula.” With an argument like that, he can’t lose. [New York Post]

* A husband and wife (who were both lawyers) were found dead in their Chicago home on Monday under suspicious circumstances. [NBC News]

* The top lawyer at Twitter saw his pay decrease last year, but don’t worry, he still makes millions of dollars annually. [Bloomberg Law]

* An attorney won around $106,000 during a five-day winning streak on Jeopardy! Should cover about a year’s worth of law school loans… [Online Athens]

* Selena Gomez has filed a $10 million lawsuit against a game developer for the unauthorized use of her likeness. [Variety]

* A lawyer has discovered a way to make face shields from plastic covers on legal documents. Is this attorney named MacGyver? [ABA Journal]

Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

1.0       Introduction
On day 16 of the National Lockdown declared by President Emmerson Mnangagwa on 27 March 2020 followed by the gazetting of SI 83 of 2020 Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) on 28 March 2020, official statistics by the Ministry of Health and Child Care indicated that COVID-19 confirmed cases had increased to eighteen (18), whilst the number of deaths relating to COVID-19 remained at three (3). The cumulative tests conducted is 665 of which 647 were negative.The Permanent Secretary in the Ministry of Health and Child Care Dr A. Mahomva issued a letter directed at all Provincial Medical Directors, Chief Executive Officers of Government Hospitals, All-City Health Directors and Private Hospitals with a strategy to increase active screening for COVID-19. In the letter, she highlighted the Ministry’s intention to have tested thirty-three thousand (33,000) people by the end of April 2020 and gave a breakdown of categories to be tested. The letter was ostensibly issued in response to a consent judgment entered into before the High Court, details of which are provided below.

2.0       Methodology

This report encompasses reports covering the 10 provinces of the country through reports received from the following Forum Members:

• Zimbabwe Peace Project (ZPP)
• Media Institute of Southern Africa (MISA)
• Zimbabwe Lawyers for Human Rights (ZLHR)
• Counselling Services Unit (CSU)
• Zimbabwe Association of Doctors for Human Rights, (ZADHR)
• Zimbabwe Human Rights Association (ZimRights)

Post published in: Featured

THREE organisations representing people who are visually impaired and Deaf have sued government
and the state-run Zimbabwe Broadcasting Corporation (ZBC) demanding to be provided with information
on coronavirus in a format which is accessible to them.

Development, Deaf Zimbabwe Trust and Zimbabwe National League Of The Blind argued that the
rights of persons with disabilities have been infringed and continue to be infringed by government and
ZBC during a public health emergency crisis triggered by the coronavirus pandemic as there is a lack of
access to information in a format that is accessible to persons with disabilities, notably Deaf and Hard of
Hearing people and the blind and partially sighted persons.

ZBC, Information, Publicity and Broadcasting Services Minister Hon. Monica Mutsvangwa, Health and
Child Care Minister Hon. Obadiah Moyo and Public Service, Labour and Social Welfare Minister Hon.
Paul Mavima have been cited as respondents to the application by Centre for Disability and
Development, Deaf Zimbabwe Trust and Zimbabwe National League of the Blind.

As applicants, the Centre for Disability and Development, Deaf Zimbabwe Trust and Zimbabwe National
League of the Blind, represented by Denford Halimani and Doug Coltart of Zimbabwe Lawyers for
Human Rights, argued that given the state of public health emergency and the national lockdown, there
is need for ZBC to have sign language as part of its programming to enable the Deaf and Hard of Hearing
people to be fully informed about the coronavirus pandemic and continuous changes effected on
compliance with the national lockdown by the citizens and any subsequent measures taken by
government.

The Centre for Disability And Development, Deaf Zimbabwe Trust and Zimbabwe National League of the
Blind argued that there is a need for all other official communications by government ministries involved
in the fight against coronavirus to be produced in formats which are accessible to persons with disabilities,
including blind and partially sighted persons, through the use of Braille pamphlets, and audio versions,
large print versions, and digital readable-text versions of official communications.

Failure to provide information on coronavirus in a format accessible to persons with disabilities, the
applicants said, is not only a violation of the rights of those persons to equality, of access to information
and other constitutional rights, but it also poses a grave danger to them, their members, and their
beneficiaries who may be unknowingly exposed to the deadly disease as well as to the general public
who may also be infected with the disease by persons with disabilities if they are not given equal access
to information about the disease and empowered to take necessary measures to prevent its spread.
Centre for Disability and Development, Deaf Zimbabwe Trust and Zimbabwe National League of the Blind
want the High Court to order ZBC to immediately provide sign language and/or captions in all its content
on Zimbabwe Television (ZTV) pertaining to the coronavirus epidemic during and after the National
Lockdown for the benefit of the deaf and hard of hearing people in Zimbabwe.

Hon. Mutsvangwa and Hon. Moyo, the applicants said, should immediately cause the production of
pamphlets with information about coronavirus in Braille and to distribute the same information to visually
impaired persons throughout Zimbabwe and ensure that all written information related to coronavirus
provided by government is also made available in formats accessible to visually impaired and partially
sighted persons, such as audio versions, large text, and/or readable digital text, and distributed to the
intended beneficiaries.

Hon. Moyo, the applicants said, should also ensure that the Ministry of Health and Child Welfare’s
coronavirus hotlines and centres are staffed with persons who are equipped to deal with the unique needs
of persons with disabilities while Hon. Mavima must facilitate that Hon. Mutsvangwa and Hon. Moyo
ensure that Braille materials and any other coronavirus-related materials intended for persons with
disabilities are delivered to the intended recipients.

Hon. Mutsvangwa, the Centre for Disability and Development, Deaf Zimbabwe Trust and Zimbabwe
National League of the Blind said, must immediately issue a statement urging private entities, including
mass media and hospitals, to ensure that any services they provide to the public relating to coronavirus
including information, testing and treatment are accessible to persons with disabilities.
The application will be heard and determined on Monday 20 April 2020 by High Court Judge Justice
Joseph Mafusire.

Post published in: Featured

The National Conference of Bar Examiners recently wrote a report exhorting jurisdictions to reject any manifestation of diploma privilege admission and recognize that only an NCBE-produced bar exam could guarantee attorney competency. Which state’s bar examination did NCBE President and CEO Judith Gundersen take to become a licensed attorney?

Hint: It’s the same bar exam her predecessor Erica Moeser took!

See the answer on the next page.