Traveling without maps – The Zimbabwean

The Corona Virus has crept up on us – as it were from behind – and jumped on us and now we are scrambling with the consequences. I have read one theory – it is no more than a theory – that there is a connection between fertility rates and the immune system. So, the theory suggests, the artificially induced low fertility rate, with its consequent aging population, in China – the one child policy which was obligatory until four years ago – may have something to do with the origins and high incidence of this disease. This theory may prove to have no basis but at least it has the merit of alerting us to the possible consequences of artificially upsetting the fine balance that exists in nature.

I am always awed by the fact that there is only a tiny slice of the universe where life can exist. If you travel up into the sky beyond 11 kilometres or so, you cannot breathe without elaborate mechanical back up. The same applies if you plunge into the depths of the sea.  We are limited beings and jump our boundaries at risk.

That is why the news that the waters of Lake Kariba, the largest man-made lake in the world, have dropped six meters in the past three years, fills us with concern. In our drought prone region of Africa it is unlikely that the waters will rise again to their normal level any time soon.  What is more likely is that they will continue to drop. What if the Zambezi were to dry up? We, the Jesuits of Southern Africa, have a prayer we say about our growing integration in the SADCC region. ‘Nourished by the waters of the Zambezi, the tree of faith grew and spread its roots …’ It is a nice fudge of physical and spiritual images but it does express our consciousness of this vital source of life: the river that runs through us.  One of our countries has even taken its name from the river. But soon we may no longer ‘be nourished’ by those waters.

For the first time in history we live in a world ‘on edge’: we can destroy ourselves. In the late twentieth century we had the nuclear threat and then the HIV pandemic. In this century we have already experienced the financial crash, global warming – and now this. In John’s gospel, chapter 9, there is a powerful story of a man born blind. He represents us.  What is striking in John is that Jesus does not just cure him and the man goes off home happy.  He discovers that he can see not only with his eyes but with his mind and heart.  He has to fight his way through opposition from the bystanders, his own parents and the rulers of the time. These last abuse him and make him an outcast but this only strengthens his resolve. He ends up strong and sure of himself.

The crisis we face can do the same for us.

22 March 2020                        Lent Sunday 4 A

1 Samuel 16:1…13      Ephesians 5:8-14         John 9:1-41

Post published in: Featured

The Law Firm Coronavirus Layoffs Are Here — See Also

The Legal Industry Feels The COVID-19 Pinch: Law firm layoffs.

How’d They Think We Wouldn’t Notice? Of course the public would find out when senators dumped stock before the pandemic reached a fevered pitch.

Technology Is The Worst: Judges learn the hard way.

What If The Bar Passes On Itself: Are we gonna have this test?

Lessons In The Law Of Defamation: Sean Hannity edition.

Rich Weber Dies Of Coronavirus Complications: Rest in peace.

The World Is Not Canceled


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. 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 founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack.  

Continued Evolution Of Whistleblower Law

Last fall, Senators Chuck Grassley, Tammy Baldwin, Joni Ernst, and Dick Durbin introduced the Whistleblower Programs Improvement Act, which protects financial whistleblowers who report internally from retaliation. This law mirrors the Whistleblower Protection Reform Act of 2019 which passed in the House of Representatives last spring. It is similarly aimed at clarifying that the Dodd-Frank Act’s anti-retaliation provision applies equally to employees who report alleged misconduct directly to the SEC and to employees who only report alleged misconduct internally to their employers. In 2018, the United States Supreme Court ruled in Digital Realty Trust, Inc. v. Somers, 38 S.Ct. 767 (2018) that the plain language of Section 922 extends anti-retaliation protection to employees who report misconduct directly to the SEC.

Then, over the summer, the SEC announced two separate whistleblower awards which total more than $2 million.  In late July 2019, the SEC announced its award of a half-million dollars to an overseas whistleblower whose “expeditious reporting helped the SEC bring a successful enforcement action.” As it generally does, the SEC declined to provide information about the enforcement action or the identity of the whistleblower who provided the helpful information.

Then, in late August 2019, the SEC announced a second award of $1.8 million to a whistleblower who provided  information and assistance “critically important” to success of an SEC enforcement action involving improprieties committed overseas. According to the SEC, the whistleblower provided “extensive and ongoing cooperation” during the course of its investigation, including reviewing documents and providing sworn testimony. At the same time, as reported the SEC, the whistleblower further continued to provide “additional and new information” that advanced the agency’s investigation. At the same time, the SEC specifically pointed out that, because the misconduct in this case occurred overseas, absent the whistleblower’s tip and assistance, the misconduct would have been difficult for the SEC to identify.

With these most recent awards, the SEC’s whistleblower program has awarded a total of approximately $387 million to 66 individual whistleblowers since beginning the program in 2012.

Of course, this is only one area of the changing law that affects practitioners who represent whistleblowers.  At Balestriere Fariello, we constantly monitor all statutory and case developments and bring a team of ivy-league educated and big-firm trained lawyers who apply decades of prosecutorial and litigation experience to assist whistleblowers bring claims and qui tam actions at the federal level.  Because of our diverse backgrounds and both extensive and diverse complaint drafting experience, we are able to move very rapidly, which is precisely what is essential to preserve a client’s position and maximize the benefit of our courageous and savvy clients who take a stand against individual and corporate malfeasance.  Our goal has always been to provide stellar representation while working tirelessly to advance the interests of those who take a stand and who want to safeguard their honest and law-abiding colleagues as well as all fellow citizens.


Daniel McGillycuddy has over 30 years of experience in handling complex, high-stakes criminal and civil matters. He is a partner at the trial and investigations law firm Balestriere Fariello in New York, where he and his colleagues represent domestic and international clients in litigation, arbitration, appeals, and investigations. You can reach Dan at daniel.m.mcgillycuddy@balestrierefariello.com.

Legal Publishers Roll Out COVID-19 Resources, Toolkits, Alerts, Advice (Some Even Free)

(Image via Getty)

Legal publishers have thrown their considerable editorial and technical resources at crafting new documents, pages, and toolkits to help lawyers locate everything from emergency pandemic declarations to drafting an SEC disclosure about the impact of COVID-19. Lawyers need to untangle the myriad legal issues impacting virtually every area of legal practice. We are surely witnessing the emergence of a new pandemic law practice over the course of several weeks. I have summarized the landscape of tools produced by legal publishers to help lawyers get oriented and “jump start” their practice in the “new normal” of law in a time of pandemic.

Bloomberg Law has created a special resource page In Focus: Coronavirus, which offers news, guidance documents, and trackers including the State Quarantine and Public Health Laws, Court Responses to COVID-19, and international and federal agency information regarding the pandemic. The Coronavirus Tax Watch page includes the latest news on the evolving tax landscape in response to the business and economic impacts of Coronavirus; developments across federal, state, and international jurisdictions; convenient links to IRS guidance, legislative documents; and more. Subscribers can get alerts on new tax developments, including Coronavirus policy decisions and legislation by registering for Tax Regulatory Alerts. The resources are limited to subscribers. However, Bloomberg is offering 30-day free trials.

CQ.com, the legislative and policy powerhouse, has created special pages and resources. The CQ Coronavirus Pandemic page is updated 24/7 with documents, transcripts, breaking news, and more. The headlines can be viewed by anyone but access to the documents requires a subscription. There is a page with comprehensive coverage of HR6201, the Coronavirus Bill.

The Fiscal Note Coronavirus Resource page offers a nightly COVID-19 podcast of developments and a free daily newsletter that are both available to nonsubscribers. The page is aggregating ALL policy-related content (US, EU, State, etc.) that CQ is producing on COVID 19, including webinars, transcripts, reference materials, “best practice” resources, documents, news, and podcasts.

Intelligize is a LexisNexis company which focuses on securities regulatory and enforcement practice needs offers several resources. Insights and Analysis –- Intelligize editors are closely monitoring how issuers and the SEC are responding to the crisis. The Insights and Analytics page provides an analysis of what companies are doing and how they are disclosing coronavirus issues to their shareholders and the SEC. Each article includes free access to the actual filings, and where possible, they have pulled out key data points to help issuers tackle disclosure obligations as conditions evolve. Intelligize has a research team which has developed search strategies related to COVID-19 to access the information companies need quickly. Those searches are available within the product under Sample Searches. The Coronavirus and SEC disclosure has many links that prepopulate the search criteria in the product for SEC precedent on particular reporting topics.

Law.com — According to Molly Miller, Chief Content Officer at American Lawyer Media, ALM launched a free COVID-19 news site more than two weeks ago on their Instant Insights page. The ALM page provides updates on law firm and court decisions to close or stay open, tips for working from home shared by remote lawyers, as well as global updates so readers can understand not just what is happening in the US but across offices around the world. They are covering the global pandemic at the Global Lawyer page. On March 10 they posted an  article summarizing law school responses to COVID-19 with closings and online classes.

Law360.com — Last week LexisNexis announced the availability of a free Law360 newsletter dedicated to COVID-19. The newsletter includes breaking news, in-depth features, and expert analysis and commentary on all things relating to COVID-19 and the law. A press release described the content: “Its comprehensive coverage and content illuminates how the global pandemic has impacted the legal industry and the practice of law, as well as the U.S. court system, federal agencies, industries, businesses and more. “The free content is available at Law360 – Coronavirus or delivered via electronic newsletter.

Lexis Nexis — To help U.S. attorneys manage the evolving COVID-19 crisis, Lexis Practice Advisor has developed a free Coronavirus Resource Kit covering a wide range of topics across multiple practice areas, such as employment, contracts, and more. The Resource Kit addresses emerging issues and offers guidance relating to COVID-19 and the law, including content, forms, and other resource materials. The toolkit can be downloaded for free after filling out a form.

Practicing Law Institute offers members Coronavirus Developments, to inform on legal developments, changes to CLE requirements, PLI programs updates and more. They currently have an on-demand program Coronavirus: What Lawyers Need to Know.

LexBlog –-  The Coronavirus Legal Daily. The Lexblog legal publishing platform for lawyers has launched a Coronavirus news site.  The Daily aggregates blog posts from members of the LexBlog network, which includes content from the global Lexblog network. The posts include a wide range of issues arising from the Coronavirus pandemic, including legislative and regulatory developments, legal issues relating to the pandemic, court actions, practice guidance, and other legal developments.

Thomson Reuters (Westlaw/Practical Law) was one of the first to launch a Coronavirus toolkit. The Practical Law Global Coronavirus Toolkit offers collections of resources organized by country. Content includes Practice Notes, Standard Documents, Checklists, and other resources covering a range of public health emergency and disaster preparedness topics applicable to attorneys and professionals located in the UK, US, China, Australia, Canada, and New Zealand. All resources within the Key Global Response: COVID-19 section are available free of cost. In addition, the Thomson Reuters news site has a COVID-19 resources page.

Westlaw also has a custom Coronavirus page for subscribers that offers a menu of primary and secondary sources materials containing useful material related to COVID-19.

Wolters Kluwer Legal and Regulatory has a free Coronavirus page that is being curated by WK editors and includes stories and other resources related to COVID-19.

Help for print subscribers. Since many print subscribers are working remotely and  no longer have access to their print libraries Wolters Kluwer is offering online access for print subscribers under a free trial. Contact your rep for assistance.

Voxgov — Although Voxgov does not have a dedicated coronavirus page, it is a unique repository of  legislative and regulatory material gathered daily from thousands of federal websites. Coronavirus materials can be located by keyword and alerts can be set up to deliver documents related to COVID-19 from the federal government as they are released.


Jean O’Grady is a knowledge strategist/librarian/lawyer with over 30 years’ experience leading the transformation of research and knowledge services in Am Law 100 law firms. She is the author of the Dewey B Strategic blog, which monitors the evolving landscape of technologies and companies that are transforming the business and practice of law.

Naming Names: The Unsung Heroes Of The Coronavirus Pandemic

Cheryl Mostrom Cecil and Dean Seiveno

The past two weeks have felt more like two months. Awareness of the coronavirus has thankfully spread at least somewhat faster than the virus itself, and America seemingly transformed over the course of a few days from a bustling megapower to the land of 327 million shut-ins.

Things seem bleak. In no particular order: thousands have died worldwide, and countless are sick; most public gathering places are closed; employment has been disrupted; basic medical provisions are already in short supply; and our healthcare system is preparing to be overwhelmed. Meanwhile, the virus continues to spread. We’re stuck in our homes, trying to get work done, trying not to compulsively check the news for updates, and no one knows how long we’ll have to stay like this. We’re living through a period that will be taught in our grandchildren’s history books, and it’s damn stressful.

But adversity creates heroes. Within my own firm I’ve seen leader after leader stepping up and sacrificing of themselves to help their colleagues through this difficult time. While I don’t generally discuss details of my own firm in this space, today I’m breaking that rule and naming names of some — but far from all — of the extraordinary examples of foresight, hard work, and selflessness I’ve seen these past few weeks.

Everyday Greatness

You can’t prepare for a problem until you realize the problem exists, and for that I have to give huge credit to Dean Seiveno, our Chief Enterprise Officer. Dean put the coronavirus situation on the firm’s radar way back in January, when it was still seen as a distant problem confined to China. Dean saw the problem that coronavirus could grow into, however, and began working with others in the firm to plan and prepare for the issue long before it was common to do so.

A centerpiece of the plan Dean helped spearhead was equipping and training every single employee of our firm to work remotely if and when the time came. Some called the planning an overreaction — a needless exercise for something that likely wouldn’t affect the U.S. or the firm. Dean knew better. He soldiered on, working with others to put contingency planning in place while still meeting the firm’s general technology needs. Beyond that effort, Dean led the charge to coordinate with other firms’ enterprise and IT teams to share best practices and spread their knowledge as far as they could. Because of their efforts, the transition to remote working and social distancing in the office has been far smoother than it otherwise would have been.

When the shutdown began, our Chief People Officer, Cheryl Mostrom Cecil, was on the front lines. Our firm’s planning, which Cheryl played a critical role in, helped us deploy our COVID-19 plan without causing panic, but that left her in the center of a firestorm of inquiries about school closures, travel situations, PTO issues, and every other type of question that might arise about the human impact of the coronavirus. Cheryl answered every single one of those questions. She didn’t use templates; she took the time to craft a thoughtful, tailored response to every inquiry she received.

Once last week I left the office around 10 p.m. As I was leaving, I stopped by Cheryl’s office, where she was still typing up email responses. I said “I hope you’re going home soon.” She responded “I’m right behind you, I just want to get back to a few more people.” Foolishly, I believed her. She stayed up, late into the night, putting our people at ease and providing them access to resources to keep themselves and their loved ones safe. She prepared a comprehensive FAQ for the entire firm to access. She calmed fears and soothed worries.

Day after day, question after question, Cheryl keeps going. If we don’t have a policy in place, she proposes a pragmatic one. When employees need to talk, she picks up the phone. All of this has had great cost to her personal life. She’s put sleep on the backburner. She’s put her life on hold. And she’s done it for no reason other than she cares about people in ways that transcend any written job responsibilities or org chart. This is not about “doing the job” for Cheryl. It’s about doing what’s right.

Caring For Those Who Care For Others

The heroes I’ve mentioned above are extraordinary, but they’re drawn from the small subset of my colleagues I get to see on a day-to-day basis. We’ve had similar examples throughout our firm. I know there are many other brilliant, self-sacrificing people working every day to ensure operational continuity at firms and businesses around the world. There are heroes at every level, in every job, in every office, who deserve to be seen for what they’re doing.

The coming weeks and months will test even the best-prepared firms. For those firms that make it through to the other side, allow me to suggest that any success they might see probably didn’t come from a wise managing partner or a brilliant practice group chair, some great individual who saw the future and rose to meet it. Rather, the real leadership in a crisis comes from the trenches. It’s the people who don’t get the spotlight, but who put in the hours, come up with the good ideas, develop and implement the fine detail work, who make success possible. They don’t plan for accolades, and in many cases won’t receive them, no matter how meritorious their work has been. But they work tirelessly, compassionately, and thoughtfully to care for others, and for that they can’t be commended enough.

And unfortunately, they often aren’t commended enough. Undervalued MVPs like the ones I’ve described here are often not firm attorneys. As a result, they often fail to receive their full measure of credit for their accomplishments, because a law firm’s successes are usually presumed to stem principally from attorney efforts. That presumption is wrong, and it makes their accomplishments all the more noteworthy. As a rule, they’ve figured out how to do their jobs effectively and efficiently, despite the resistance they routinely receive from the lawyers they support, who tend by nature to be skeptical, critical, and resistant to change. Despite not having a J.D., or perhaps because they don’t, these humble leaders are the beating heart of any firm.

To my fellow firm leaders reading this, please do me a favor these next few weeks. While you take care of your people, look out for those who are taking care of others. Search out the people outside the spotlight who are putting others ahead of themselves, and let them know they are seen and appreciated. When push comes to shove, it’s those quiet heroes who make all the difference.


James Goodnow

James Goodnow is an attorneycommentator, and Above the Law columnist. He is a graduate of Harvard Law School and is the managing partner of NLJ 250 firm Fennemore Craig. He is the co-author of Motivating Millennials, which hit number one on Amazon in the business management new release category. As a practitioner, he and his colleagues created a tech-based plaintiffs’ practice and business model. You can connect with James on Twitter (@JamesGoodnow) or by emailing him at James@JamesGoodnow.com.

Federal Judges Botch Simple Technology In Latest COVID-19 Fail

There are a lot of interesting tidbits in this National Law Journal piece about telephonic oral arguments at the D.C. Circuit. Judges were dropped from the call during presentations, weird noises dominated the line, and they’ve already switched around the technical setup a day in.

But really the only thing that matters is the kicker Jacqueline Thomsen chose to end the piece that puts the disaster that is this whole affair into sharp relief:

The technical difficulties in Friday’s proceedings didn’t end up with the arguments: Afterward, Rogers began to ask the other judges on the line if they wanted to set up a conference call.

But an electronic voice broke in, and cut off the judge. “We’re sorry, your conference is ending now,” the voice said. “Please hang up.”

We’re all going to die.

‘It’s Kind of a Mess’: Phone Arguments Get Rocky Debut at DC Circuit During COVID-19 Pandemic [National Law Journal]


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 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.

Sean Hannity Threatens BESMIRCHMENT Lawsuit If You Say He Called Coronavirus A ‘Hoax’

(Photo by Theo Wargo/Getty Images)

Hey, lawyers! How about a little pop quiz to break up that work-from-home tedium. Just a little flashback to 1L Torts to get those juices flowing.

Ready?

                                   is an absolute defense to defamation?

Do you need a minute?

OKAY, TIME’S UP. The answer is “truth.” Yeah, that’s a tough one. Maybe some of those lawyers at Fox, the ones who drafted all the O’Reilly and Ailes NDAs back in the day, can explain to their marquee host Sean Hannity that you can’t just sue someone for defamation because they accurately repeat what you said. Or, you can, but it doesn’t generally go well.

As Media Matters reported yesterday, Hannity is fighting mad that those losers in the lamestream media would say that he and the rest of the Fox derp squad downplayed the COVID-19 crisis and called it a “hoax.”

“I need to hire Lin Wood and Charles Harder, and just make this a test case, of slander, besmirchment, character assassination,” he huffed Wednesday on his radio show. Lin Wood represents the conservative Covington Catholic student, whom Hannity assured his listeners is “absolutely going to be a billionaire at the end of this, after what they did to that poor kid.” And Harder, after bankrupting Gawker over the Hulk Hogan sex tape, went on to represent the Trump campaign in their … creative libel suits against various media outlets.

The problem for Hannity is that he actually did call the coronavirus panic a hoax.

And he can high-horse around the studio about Joe Lockhart calling for “an honest national conversation, the toxic effect of Fox News.” But (A) that’s not “besmirchment,” and (B) see above, truth is an absolute defense to defamation.

Here, the Washington Post made a helpful video of Fox News “personalities” flip flopping on the danger of the Democrat impeachment coronavirus hoax.

No doubt NBC and Joe Lockhart are shakin’ in their boots!

Sean Hannity: “I need to hire” attorneys Lin Wood and Charles Harder, to make “test case” of media slander against Fox News [Media Matters]


Elizabeth Dye lives in Baltimore where she writes about law and politics.

Will The Bar Exam Be Postponed Due To COVID-19?

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The bar exam is administered by individual jurisdictions, not by NCBE. We are in close contact with jurisdiction bar admission agencies as they consider possible options for the July exam in the event that shutdowns and prohibitions against large gatherings remain in effect.

—  a statement from the National Conference of Bar Examiners regarding the upcoming July 2020 administration of the bar exam. The NCBE has created a webpage detailing COVID-19 updates, noting that at the moment, delays are not anticipated for the release of February 2020 MBE or MPRE scores.


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 Twitter or connect with her on LinkedIn.