Morning Docket: 04.08.20

* A Florida judge has tossed a lawsuit claiming that the governor of Florida couldn’t close the state’s beaches because of COVID-19. Looks like people will have to hit tanning beds instead of beaches…it’s an essential service, right? [Orlando Sentinel]

* A federal judge has ordered the inspection of DC jails amid concerns that prison officials are not doing enough to prevent the spread of COVID-19. [Washington Post]

* The family of a Walmart employee has filed a wrongful death lawsuit after the employee died from COVID-19. [NBC News]

* StubHub is another one of the long list of businesses facing class action lawsuits for allegedly not treating customers fairly when it comes to dealing with issues involving COVID-19. [Billboard]

* Officials in Los Angeles have settled a lawsuit with a company claiming that they had accurate in-home test kits that could detect antibodies for COVID-19. [Los Angeles Daily News]

* A lawyer with no park experience will now be in charge of the Grand Canyon. What does this attorney really need to know other than not to fall in? [Washington Post]


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.

Zimbabwe’s FX Shortage to Worsen as Virus Upends Tobacco Season – The Zimbabwean

Zimbabwe’s severe shortage of U.S. dollars is set to worsen as the coronavirus threatens the start of sales of tobacco, its second-biggest source of foreign exchange.

“It’s the cash flow that’s the biggest concern for everyone,” Ben Gilpin, executive director of the Commercial Farmers Union, said by phone from the capital, Harare, on Tuesday. “The people that provide finance to tobacco farmers did so until the end of March, with the expectation that from April debts are being serviced, but there is no money now.”

Like its neighbors, Zimbabwe has imposed a 21-day lockdown to halt the spread of the virus. That’s shuttered mines, while remittances from abroad have also declined.

The International Monetary Fund said in its latest Article IV report that the country had $109 million in foreign-exchange reserves, enough for just one week of imports. The southern African nation restricts cash withdrawals and needs foreign currency to pay for goods from food to fuel. The IMF estimated the economy contracted 8.3% in 2019.

Zimbabwe is Africa’s biggest tobacco producer and the crop, which brought in $523 million in income last year, is the nation’s largest source of revenue after mining.

Tobacco sales scheduled to start on April 22 had already been delayed by a regional drought and disagreement between growers and the central bank over payment. That date is now expected to be postponed as the world continues to grapple with the spread of the pandemic. Zimbabwe has 10 confirmed cases of Covid-19.

Even if the lockdown is lifted, social distancing rules will make the usual sales where tobacco farmers throng auction floors for months, unlikely.

“Health comes first before wealth and as an industry we need to decide on plan B,” said Rodney Ambrose, chief executive officer at the Zimbabwe Tobacco Association. “For the farmers, tobacco is their livelihood and foreign currency is generated from these sales.”

An option could be “to decentralize sales at district level” to avoid an influx of tobacco farmers into Harare, he said.

The association estimates a crop size of 240 million kilograms and Ambrose said tobacco prices this year were expected to be higher due to better quality.

Thousands arrested in Zimbabwe for violating lockdown rules – The Zimbabwean

A police water cannon sprays disinfectant over residential flats during a 21-day nationwide lockdown called to help curb the spread of coronavirus disease (COVID-19), in Harare, Zimbabwe, April 3, 2020. REUTERS/Philimon Bulawayo

National Police Spokesperson Paul Nyathi said Tuesday that defiance against lockdown regulations has seen 2,191 people being arrested since Zimbabwe’s President Emmerson Mnangagwa declared a national lockdown.

“The number includes some people who were violating the Liquor Act, operating businesses that are not exempted, illegally transporting members of the public without being cleared, loitering without valid reasons and various crimes under the Miscellaneous Act,” he said.

Nyathi said police have scaled up awareness campaigns to encourage the public to heed the government’s measures to prevent the spread of the coronavirus.

“What is apparent is that the public is taking for granted the messages that are being sent to prevent the spread of COVID-19. There are those who think that because the virus has not seriously impacted on the country they will not be affected. They are not observing social distancing and self-isolation as prescribed to prevent the spread of the virus. We encourage them to heed the government’s measures to prevent the spread of the virus,” Nyathi said.

Zimbabwe is under a 21-day lockdown which started last Monday to prevent the spread of COVID-19. Citizens are expected to stay at home, except for essential movements to seek health services, buy food, medicines, and other essential services.

The country has so far recorded ten positive cases of COVID-19, with one person succumbing to the disease.

Post published in: Featured

Fastjet Says Fastjet Zimbabwe Planning To Restart Flights On 21 April – The Zimbabwean

* TRADING STATEMENT

* FASTJET ZIMBABWE IS CURRENTLY PLANNING TO RESTART FLIGHT OPERATIONS ON TUESDAY 21 APRIL 2020

* ALL FASTJET GROUP EMPLOYEES HAVE ACCEPTED A VOLUNTARY SALARY REDUCTION EFFECTIVE FROM 1 APRIL 2020 OF UP TO 30%

* SALARY REDUCTION DEPENDING ON THEIR CURRENT SALARY SCALES, WITH LOWEST EARNERS AFFECTED LEAS

* EXPECTS REDUCED GLOBAL OIL PRICES TO HELP TO CUSHION FINANCIAL IMPACT OF FORECAST LOWER PASSENGER DEMAND WHEN OPERATIONS RESTART

* TIMELINES DISPOSAL OF CO’S HOLDING IN FASTJET ZIMBABWE ARE NO LONGER PRACTICALLY ACHIEVABLE

* FASTJET ZIMBABWE HAS FULLY PAID OFF ALL OF ITS EMBRAER EMB145 AIRCRAFT

* INVESTOR CONSORTIUM CONFIRMED THAT IT REMAINS COMMITTED TO DIVESTMENT PROPOSAL

* INVESTOR CONSORTIUM INDICATED THAT IT WOULD POTENTIALLY FORESEE MODIFIED TERMS OF SALE NEEDING TO BE DISCUSSED, NEGOTIATED

* FASTJET ZIMBABWE’S UNFLOWN FORWARD TICKET SALES OBLIGATION WAS US$ 616,476 AS OF 31 MARCH, MUCH LOWER THAN TRADITIONALLY EXPERIENCED

* FEDAIR HAS ENTERED A RESTRUCTURING PROCESS

* RESTRUCTURING PROCESS OF FEDAIR WILL RESULT IN 55% OF ITS FULL-TIME EMPLOYEES BEING RETRENCHED

* IN 55% OF ITS FULL-TIME EMPLOYEES WILL BE RETRENCHED IN FEDAIR

* SIGNIFICANT PORTION OF 14 AIRCRAFT FLEET HAS BEEN TERMINATED BY FEDAIR

* FEDAIR SEEN DRAMATIC DOWNTURN IN FORWARD TICKET SALES & RESERVATIONS & MAJORITY OF PASSENGERS THAT WERE BOOKED HAVE DEFERRED THEIR TRAVEL

* FEDAIR HAS RETAINED LIMITED CREW TO OPERATE THESE SIX AIRCRAFT, WHICH WILL BE CORE FLEET RETAINED FOR REMAINDER OF 2020

* FEDAIR IN TALKS WITH AIRCRAFT FINANCIERS RELATING TO OWNED AIRCRAFT TO SUSPEND & DEFER CAPITAL REPAYMENTS ON AIRCRAFT LOANS UNTIL DEC 2020

* FEDAIR WOULD NEED ADDITIONAL CASHFLOW OF APPROXIMATELY US$ 1.0M BY 31 DECEMBER 2020

* BOARD IS REASSESSING GOING CONCERN ABILITY OF ENTIRE GROUP IN ITS CURRENT FORM, WITH BOTH FEDAIR AND FASTJET ZIMBABWE BUSINESSES RETAINED

* GROUP WILL CONTINUE TO HAVE SUFFICIENT RESOURCES TO MEET ITS OPERATIONAL NEEDS UNTIL END OF JUNE 2020

* IF UNABLE TO COMPLETE DISPOSAL/RAISE FURTHER NEW CAPITAL BY 30 JUNE DIRECTORS BELIEVE GROUP TO BE UNABLE TO CONTINUE TRADING AS GOING CONCERN

* FEDAIR WOULD NEED ADDITIONAL CASHFLOW OF APPROXIMATELY US$ 1.0M BY 31 DECEMBER 2020 Source text for Eikon: Further company coverage:

Post published in: Business

‘Dire shortage’ of equipment to fight coronavirus in Zimbabwe – The Zimbabwean

Health workers screen people visiting a public hospital in Harare, Zimbabwe [Tsvangirayi Mukwazhi/AP]

Medics in Zimbabwe have warned there is a “dire shortage” of ventilators, oxygen tanks, biohazard suits and N95 face masks for healthcare professionals fighting the coronavirus pandemic.

In a statement on Tuesday, the Zimbabwe Association of Doctors for Human Rights complained about inadequate screening of people for coronavirus symptoms across the country.

The doctors have also raised concerns over the scarcity of quarantine and isolation facilities, which they say are only found in the capital Harare and the country’s second-largest city, Bulawayo.

On Sunday, a lawsuit was filed by the doctors in court to compel the government to step up coronavirus protection for public hospitals and healthcare workers.

The application filed at the High Court said the government failed to set in place “measures to ensure that health practitioners across the country, who include nurses, nurse aides and pharmacists among others, are adequately protected”.

A hearing date is yet to be set.

Last month, doctors and nurses staged a walkout in protest over the lack of protective clothing to care for coronavirus patients.

Zimbabwe has recorded 10 cases of infection, including one death. The country has only one COVID-19 test centre, situated at a government hospital in Harare.

The outbreak of coronavirus has deepened the country’s public healthcare crisis.

Medicines are in short supply and depleted state coffers mean that the government is unable to purchase sufficient supplies for state-run medical facilities. Access to running water is also a major problem.

Doctors and nurses launched a strike last year demanding better wages. Medical practitioners want their salaries indexed in United States dollars to keep pace with inflation as the Zimbabwe dollar continues to lose value.

Doctors only resumed work this January after Zimbabwean telecommunications billionaire Strive Masiyiwa offered to pay the salaries of the country’s 2,000 doctors for three months in the local currency if they returned to their duties.

A Courthouse By Any Other Name…

Since the Supreme Court moved into its own building in 1935, when was the first time they closed their doors and sat elsewhere as a Court?

Hint: The Court heard oral arguments at a nearby federal courthouse during this time.

See the answer on the next page.

In Extraordinary Times, Lawyers Need Creative Solutions

Joe chats with Joey Seeber and Leigh Vickery of Level 2 Legal Solutions about taking a small, boutique approach to large legal department and Biglaw problems. Legal work goes on during a lockdown, and Level 2 is busy assisting its long-term partners in getting stuff done. It takes creative problem solving and a nimble business culture to thrive in times like these.

A Glimmer Of Light In A Dark Time 

With the news today terribly focused on death, it is refreshing to focus on life, if just for a minute. The State of New York, which has been plagued by the horror that is COVID-19, has given us a brief respite from darkness as it has just legalized paid gestational surrogacy. As a result, individuals and couples can enter into agreements with surrogates who will become pregnant and birth babies on their behalf. Commercial gestational surrogacy is when a  woman is paid to become pregnant and birth a child to whom she is not biologically related.

This legislation is significant because, prior to its passing, hopeful New York parents were compelled to retain surrogates in other states or countries. This resulted in tremendous cost and difficulty for individuals who would often have to fly to doctor appointments and rely on video conferencing to interface with surrogates, lawyers, and doctors. Considering New York’s general political and legal progressiveness, the ban on surrogacy was confusing, if not disappointing.

The bill, known as the Child-Parent Security Act, was passed as part of the New York State 2020-21 budget. The legislation was proposed years ago by Manhattan State Senator Brad Holyman and Westchester Assembly Member Amy Paulin. New York residents can enter into paid surrogacy contracts beginning  February 15, 2021. The new legislation ended a 28-year ban on commercial surrogacy whose law forbade New York state residents from entering into paid surrogacy contracts. Punishments included a fine of up to $10,000 and even felony charges against any individual or agency involved in the surrogacy.

There was opposition to the instant bill as some felt that the surrogates and egg donors were not sufficiently protected. The passed bill does include  certain protections for the surrogate, including detailing the surrogate’s right to make her health  decisions throughout the pregnancy. The parents in the surrogacy arrangement must pay for the surrogate’s legal counsel and health and life insurance during the pregnancy and for one year following the birth of the child.

The LGBTQ community celebrated the news along with individuals and families who suffer from infertility, including many cancer survivors. Arizona and Michigan remain the two states where surrogacy arrangements are not permitted. In passing the budget, the New York State Assembly also banned hydrofracking, plastic foam containers, and flavored vaping, in addition to enacting other legislation. Also significant during the COVID-19 crisis is the Emergency Disaster Treatment Protection Act, which provides limited immunity for healthcare facilities, administrators, and workers from civil or criminal liability during the COVID-19  epidemic.

Gov. Andrew Cuomo supported the bill, and he was praised for his efforts by many, including several celebrities, including Bravo Network’s Andy Cohen, who fathered a child via a California surrogate and who is currently recovering from COVID-19. Cuomo and the State of New York have given us a glimmer of hope as we continue to pray for and think of those suffering from COVID-19. The late and great Nobel laureate and Holocaust survivor, Elie Weisel, who himself lived unimaginable darkness stated: “Just as despair can come to one only from other human beings, hope, too, can be given to one only by other human beings.” During this epidemic and with the passage of the Child-Parent Security Act, those words eerily ring true. As we physically detach from one another, we also understand that to get through these troubling times and proceed into the future, we need our friends, families, and, for many, our surrogates.


Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com.

If One Good Thing Could Come From This Damn Virus…

One of the hats I’ve worn in my career is that of an educator. Whether it was training new attorneys and paralegals, teaching academic classes, or just coaching someone in a current or future role, I’ve been teaching for decades.

And I’ve spent the better part of the past 10 years working to convince law school and paralegal school leaders -– frankly, anyone who’d listen — that online education (aka distance learning) is the future. It’s the big disrupter that the education business needs. Now, with the unprecedented COVID-19 virus, it seems that all of the schools in the world, from K-12 to undergrad and graduate ones, have transitioned online inside the course of a few weeks. Amazing!

But a viral outbreak should not be the reason we finally and fully embrace online education. Sure, it’s convenient right now. In fact, it’s downright safe. But what happens when the virus fades? Will educational institutions return to the status quo?

For the uninformed, distance learning has been around forever. It originated hundreds of years ago with correspondence courses in which instructors sent assignments and received student submissions by mail. Fast-forward to the 1920s and Penn State was offering content on the radio. In the 1960s, ’70s, and ’80s, we saw a lot of fairly crude intranets pop up in academia that enabled professors and students to collaborate using phone lines. Then, in the late 1980s and ’90s, AOL and CompuServe provided portals to online learning. Since then, the internet has really become a rich source for online learning. Why then have we not embraced it more fully?

The truth is that we have, and it has been growing, but it has been a slow growth. Today, over 95% of schools use some form of online learning, even if it’s a single course. And obviously, the big online schools offer elaborate degree programs. But not everyone is onboard.

While it’s possible not every college course can be taught online (I can’t think of one), what is clear is that there are distinct advantages to learning online. First, for those who are truly looking to learn something, it provides unparalleled opportunity to focus without distractions. There’s something about the ability to take in a lecture, complete a reading, or write a paper in the peace and quite of a comfortable location. I personally discovered — unfortunately, later in life — that I absorb instruction better and learn a great deal more from online classes.

Second, there’s none of the social pressures and distractions that young people put largely on themselves during campus life. I mean, let’s face it, some of us couldn’t wait to go away to school or get away from our parents or escape our neighborhoods. For many, it is the first opportunity to think and act independent of our home environments. But if you think about your 18-year-old self, how comfortable are you today with the judgment that you were old enough, mature enough, emotionally intelligent enough to effectively live on your own at that age (even if the bills were being paid by someone else)? Maybe some are, but definitely not all.

Next, online education is, frankly, more convenient. People who work for a living don’t have the time or the resources to juggle school and work or go from work to a college campus. If you’re a working professional looking to get ahead, online education is a no-brainer. And think about the disenfranchised and the less fortunate. Notwithstanding some of the predatory lending and fraudulent schools, for many people, online education has opened up real opportunities.

And finally, there’s the cost — and this is the killer. ATL readers in particular will appreciate this point. You see, the dirty little secret is that education has become big business. I’m pretty sure that it was not originally intended to be a commercial enterprise. Indeed, I can recall a time when the path to becoming a lawyer — and many other professions — was not through the hallowed halls of academia. You would clerk with or basically intern for a practicing attorney for a few years, learn the profession, and then you could seek admission to the bar. Obviously, there was more to it than that. But it certainly did not cost hundreds of thousands of dollars; that’s for sure.

And the question of why higher education costs so much today should be discussed if not outright disrupted. To be fair, I’m not sure that entirely free college for all is economically feasible, either; but the conversation should be had. I was talking with a colleague about the cost of college today, and we concluded that one reason college has become so expensive is the administrative bloat that has been created to support these institutions.

Online education removes a lot of bloat. It also eliminates the expense of brick-and-mortar real estate, which I have no doubt is also a large line item in any school budget. A virtual classroom today is no different from an in-person classroom. There’s an instructor, students, and a blackboard or screen-sharing feature. We can do online almost everything an on-campus professor can do. So, is there really any need for a college campus anymore?

Colleges across the country have sent students and faculty home and suddenly embraced online education. I don’t know what will happen once this virus subsides. But I do know that if the one good thing could come of the coronavirus it is that academic leaders and school administrators could finally wrap their arms and their minds around a proven academic model that frankly works better for all involved.

I’ve always been a glass-is-half-full kind of guy.


Mike Quartararo

Mike Quartararo is the President of the Association of Certified E-Discovery Specialists (ACEDS), a professional member association providing training and certification in e-discovery. He is also the author of the 2016 book Project Management in Electronic Discovery and a consultant providing e-discovery, project management and legal technology advisory and training services to law firms and Fortune 500 corporations across the globe. You can reach him via email at mquartararo@aceds.org. Follow him on Twitter @mikequartararo.