Lawyering From A Pandemic (Part II)

(Image via Getty)

Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Lindsay Kennedy back to our pages.

As life continues here in South Korea, the panic and desperation that was recently palpable has subsided. The overwhelming panic has turned into exhaustion. We are now living in our new norm.

Each day my phone makes loud screeching noises numerous times providing me with an “Emergency Alert” written in Korean. I do a screen shot and translate all of them. On Saturday, I received 31 “Emergency Alerts.”  Sometimes I receive three alerts in three minutes, each giving slightly more information or the same information. I do wish the person in charge of sending these alerts would slow down, but I am grateful to feel like I am informed.

Every time there is a new case of the Coronavirus in my area, I receive an Emergency Alert message. Then, I get the person’s age and gender. A little later, a detailed itinerary of the exact locations and times the infected person traveled is released. On Sunday morning, the message stated (using Google Translate): “We recommend refraining from religious groups such as churches and replacing them with family worship or family prayer.” One series of messages discussed a big sale on masks.

I keep translating every message though. I want to remain informed. Plus, I’m slightly nervous North Korea might want to take advantage of the situation here — another aspect of our normal life. Note: I have no actual knowledge regarding this, it is just my own paranoia.

All the Korean schools and daycares in our area are still closed as required by the Korean government. The Americans have followed suit since last week closing all schools, childcare options, playgroups, library story time, and anything where groups of kids (and grown-ups) get together.

The school is sending detailed lesson plans for parents to do with their children. After only a few days I can confirm that I was never meant to be a Kindergarten teacher. The school will announce if it is closed next week every Friday. I am dreading that announcement because I am guessing I will be a Kindergarten teacher for all of March.

On day one, with everything closed, some friends chose to completely isolate themselves. They were scared and isolation provided a means of control. It’s funny though, because on day two, all the kids were outside playing. I laugh to myself, thinking that having all the kids inside, all day long, is far scarier than the slim chance of catching the coronavirus.

My neighbors are stepping up to help one another. We take turns watching the swarms of kids that run our tiny American neighborhood. It reminds me of my childhood in the 1980s.

In the midst of this lockdown, my husband is working long hours, as the military often does. The walls feel like they close in a little each day.

The military is doing an amazing job of keeping families informed, using social media in the perfect manner. When a problem arises, they are quick to address it. New protocols to get on base (checking everyone’s temperature and a series of questions) led to lengthy lines. Within one day, the problem was alleviated. Every day, we can watch a Facebook live “show” that provides updates and dispelling rumors before they can grow. In addition, the empty commissary shelves were restocked in only one day.

It is interesting to see the changes this virus has caused — masks everywhere, hand sanitizer hanging from elevator rails and on every available counter.

The airports and train stations still have thermal scans set up. The public buses that pass by my neighborhood continue to be empty.

The panic is gone. We are in lockdown mode. We are not to go anywhere except to grocery shop, get necessary supplies, or get take out. I thought it was funny that “take out” made the list of necessary activities. Recently, the on-post bowling alley, movie theater, and Texas Roadhouse were opened so we might venture out.

Everyone keeps saying to each other, “Be safe.” I keep thinking it’s easy to stay safe, much harder to stay sane.


Lindsay Kennedy recently took a position with Eaker Perez Law, doing exclusively U.S. federal tax law. She is also the Executive Director of MothersEsquire. Lindsay’s favorite thing, besides her family, is working to support changes in the legal profession to allow for more non-traditional options so both parents are afforded the opportunity to enjoy their family. She’s a proud mom of two beautiful girls and married to a loving and supportive husband. You can reach her at lindsay@eakerperezlaw.com.

Hedge Funds Catch A Serious Case Of Alpha

Law School Profs Throw Fit On Twitter Over Having To Answer Basic Reporter Questions

Last week, some law professors on Twitter dug their straw people out of storage and started swinging baseball bats furiously. Their complaint was a public records request sent by Slate’s Mark Joseph Stern asking some prominent public university Federalist Society advisors if they’d heard anything from Leonard Leo recently.

It’s a newsworthy request, since Leo claims that he walked away from the day-to-day management of FedSoc in a bid to deploy more dark money in his effort to get more non-qualified judges on the federal bench.

Bainbridge’s problem with the request, he says, wasn’t the propriety of a public law school professor having to respond, but that he felt left out of the right-wing conspiracy.

True. Darth Vader threw his evil boss down a shaft instead of tweeting a heads-up.

Aw, dude, it’s not personal that you’re not part of the right-wing conspiracy, it’s that you’re at UCLA. If there’s any FedSoc chapter that must be crawling with FSINO never-Trumpers it’s got to be the Bruins. I guess they did make all those T-shirts about being on “Team Sander” showing support for Richard Sander, the co-author of Mismatch, the anti-diversity screed that Scalia tried to use to get Becky With The Bad Grades into Texas. But generally speaking, public law school education folks in Los Angeles don’t scream right-wing activist.

Seriously though, what kind of “smear job” does this request suggest? If Leo isn’t handling day-to-day work, it’s a story that doesn’t get written. If he is, then it’s not a smear job but a pretty important story about dark money and non-profit statuses.

Sure… but that’s not this request. This isn’t a request for every FedSoc document a professor has ever touched from newsletters to student budget requests… it’s a very focused request about whether or not a professor has corresponded with Leonard Leo since the latter publicly claimed he left FedSoc’s day-to-day management?

Every document request should be so narrowly tailored!

It’s pretty clearly not a story about what any professor is doing, it’s about whether or not this guy is doing what he said he would to tacitly comply with the law. Obviously there are records requests that could function as cheap intimidation tactics. We’ve seen those before. They focus on the professor and try to dig up the substance of anything the professor may have written or said so they can concoct some sort of pressure campaign.

I know we’re talking about law professors here so this may be a futile request, but not everything is about you. This request is about a non-professor and not even about substance since all that really matters is if the contacts took place at all. If you can’t feel comfortable with a request this straightforward then you’re basically against the whole concept of public records transparency and that’s problematic too.

No one wants to Potter Stewart this thing, but I know an abusive records request when I see it. This isn’t it.


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.

Morning Docket: 03.03.20

* An Oregon lawyer is in hot water after he refused to fork over $200 for a 15 minute lap dance. The billable hour rate for this stripper is probably higher than the lawyer who refused to pay. [The Oregonian]

* A federal judge has dismissed a lawsuit filed against the Indiana Attorney General on behalf of women who claim that the AG groped them at a party. [Chicago Tribune]

* R. Kelly’s lawyers are arguing that it is unconstitutional to prosecute the disgraced singer for allegedly having sex without informing his partners that he may have had an STD. Wonder if this is what the founders intended, Benjamin Franklin may have had an opinion on this issue… [Page Six]

* The Supreme Court has refused to review the constitutionality of bump stock bans. [NBC News]

* Apple will pay up to $500 Million to settle a lawsuit over intentionally slowing down older phones. [CNN]

* The husband of LA’s District Attorney pulled a gun on Black Lives Matter protesters camped out outside of their house. Not sure California’s castle doctrine covers this… [NBC News]


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.

IMF questions Zimbabwe’s economic reform policies – The Zimbabwean

The International Monetary Fund (IMF) recently released the conclusion of its 2020 Article IV Consultation with Zimbabwe, stating the country’s economic reform agenda was off-track.

According to the report, Zimbabwe is currently struggling with its worst economic crisis in a decade, with prices of basic goods soaring, shortages of medicine and fuel, crippled agriculture, lack of electricity, the newly introduced Zimbabwean dollar (ZWL$) losing most of its value, high inflation rate, and low international reserves amongst others.

IMF’s statement highlighted the fact that “the government which came to office following the 2018 elections adopted an agenda focused on macro stabilization and reforms.” These reforms entailed a complex framework for proposed monetary and fiscal policies, economic laws and regulations which when established will reduce volatility and encourage welfare-enhancing economic growth. However, the statement revealed that these plans are “now off-track as policy implementation has been mixed.”

Despite daily power cuts lasting up to 18 hours in Zimbabwe, the state power transmission company said on Thursday, February 27, 2020, that it would increase its electricity tariff by 19.02 percent. This new policy will be effective from March 1 although the last tariff increase was done less than 5 months in October by 320 percent. The government citing a rise in inflation and a weakening exchange rate said that this would help increase supplies in the southern African nation.

Similarly, delays and missteps in the foreign exchange and monetary reforms have failed to restore confidence in Zimbabwe’s new currency and the government’s re-engagement internationally on debt arrears is still delayed, constraining its access to external support.

Without an increase in donor support, the IMF said, Zimbabwe had a high risk of a humanitarian crisis, with more than half of the population without food security, another poor harvest expected and growth in 2020 is projected at near-zero with no signs to end food shortages. The UN World Food Programme (WFP)  already warned in December 2019 that food supplies will run out in early 2020 unless urgent assistance is provided.

However, with these economic and humanitarian crises overwhelming the citizens of Zimbabwe, the Executive Directors of IMF dished out a series of advice to aid the country’s government. One of which is to make a concerted effort to ensure economic and social stability through the adoption of coordinated fiscal, monetary and foreign exchange policies, alongside efforts to address food insecurity and serious governance challenges. Also, the IMF emphasized the importance of re-engagement with the international community to support efforts to achieve economic sustainability and address the humanitarian crisis.

Post published in: Business

Zimbabwe Almost Triples Salaries for Mine Workers, Union Says – The Zimbabwean

3.3.2020 11:02

The Associated Mine Workers Union of Zimbabwe reached a deal with the Chamber of Mines that will result in members’ salaries being almost tripled in the first quarter of 2020.

“We managed to cobble out an agreement for the mining industry covering January to March 2020,” AMWUZ President Tinago Ruzive said in a statement. “The increase is based on the dollar value principle for those miners who may be paying above the minimum due to various reasons or merit.”

The increment in the southern African country grappling with triple-digit annual inflation rates and food shortages will result in the lowest-earning employee receiving ZW$3,450 ($192.20) a month, compared with ZW$1,200 previously.

The mining sector has 40,000 registered employees, according to the Chamber of Mines. The union had initially sought a 67% increase for its lowest-paid members.

Post published in: Business

Zimbabwe’s economy goes from bad to worse – The Zimbabwean

The IMF’s recent report makes grim reading, with negative growth recorded for last year, and an expectation of effectively no growth, growing inflation and a devaluing currency into 2020. The underlying macro-economic instability has been made worse by major climate impacts during 2019 – both the drought and cyclone Idai. The situation is bad, and getting worse.

With the failure of government to address the required reforms, the prospects of renewed external support with the necessary debt write-offs look minimal. The stand-off with the international community continues, with international sanctions and a lack of investment continuing. With external public debt rising to over 50% of GDP, much of it in arrears, there is little chance of the Zimbabwean state repaying. Bail-outs at some point will be required, and the scale of investment needed for basic infrastructure and services is estimated at US$16 billion. But instead of Zimbabwe, Somalia seems to be the focus of favourable terms, with Zimbabwe being left to decline further.

The embedded corruption at the heart of state failure becomes intensified as the economic chaos deepens. Those able to profit from parallel currency deals and leverage resource from state-led programmes are the elite few, connected to the political-military elite. And who suffers? Ordinary people, and especially the poor. The consequences of economic collapse are most felt in the urban areas, where safety nets are non-existent. While those in the rural areas have their own production to fall back on; even though this year the effects of drought have hit rural livelihoods hard too.

As the state tries to ameliorate the situation, things only get worse. For example, the Finance Minister announced the creation of ‘garrison shops’ so a restive army could buy goods on favourable terms. It was supposed to be financed by a levy on civil servants. But another parallel economy only creates opportunities for hoarding and profit, and punitive taxation on already struggling people causes resentment. Policy is being made on the hoof. Almost as soon as it was announced, it seems the tax was rescinded, or deemed voluntary, and so a big unbudgeted expenditure was added to the inflation pressures.

The uncovering of the massive rent-seeking in the milling industry, directly fuelled by state-sponsored grain buying for food relief, has exposed the problems. An apparently well-meaning policy is naively implemented, and those in the system exploit its benefits ruthlessly. In this case, with many alleged connections right to the top. The sense that those in charge are wholly out their depth or exploiting the system for their own benefit (or possibly both) is palpable. The IMF review team, in appropriately guarded language, clearly felt this.

Mentioned only obliquely was the cause celebre of this chaos – command agriculture. The corruption at the heart of this programme has been widely exposed, not least by the Public Accounts committee, chaired by opposition MP, Tendai Biti. Around US$3 billion is alleged to have been misused, through a complex web of government funding, private companies and military involvement. A recent ZDI report has highlighted the nexus of corruption at the heart of the party-state and military.

Under normal circumstances a public-private partnership for contract financing of commercial agriculture would have some credibility – just as would subsidised produce for the armed forces or state purchasing of grain through milling companies. But circumstances aren’t normal in Zimbabwe. Despite attempts at restructuring, the grip of corruption is so intense, and often led by networks close to those in power and running these initiatives, that these apparently sensible schemes become the basis for significant extraction, no matter what their worth.

No-one has quite got to the bottom of the command agriculture story as yet. The political economy is clear, but there have certainly been benefits. In our study areas for example, command agriculture resources have unquestionably resulted in boosts in production, especially on A2 farms. Repayments have been inconsistent, but many have been pursued rigorously. Not everyone can get away with just exploiting the system. But this is the point – it is just a few that continue to profit, getting massively rich while the rest suffer.

Is there a way out of this downward spiral? Attempts by the technocrats in the state to do what is required are foiled with each move it seems. Policies seem to be concocted at random, desperately responding to situation that is out of hand. One day it was illegal to sell fuel in US dollars to protect the local currency, the next day it is permitted across the country. Secret printing of money to offset US dollar losses in the mining industry solve one problem, but create many others.

The loss of trust in the government by key players – the IMF, western donor governments, even the Chinese – is clear. Sanctions (or other ‘restrictive measures’) are still in place, with influential players within and outside Zimbabwe arguing that they should remain until the regime changes. Investors are shying away, despite the occasional positive effort to rebuild key parts of the economy. Moves to create political coalitions across the divides are viewed with great scepticism given the experience of the Government of National Unity from 2009-13. It’s stale-mate. Some are holding out for an ‘uprising’ (usually those sitting in comfort firing off tweets), while others think it will have to get much worse before there is a change.

It is not a happy story, and given the dire food security situation this year, the consequences for livelihoods are severe. In agriculture, the glimmers of progress seen up to 2016 on the back of greater economy stability are fast being stamped out. Things are currently very fragile, and most farmers are holding back on investing further.

Today, like Somalia, Zimbabwe has a collapsed economy with vanishingly little state capacity, but, unlike Somalia, seems to be unable to convince the IMF, AfDB or other donors and investors to provide support. Another shock – whether further drought, the spread of coronavirus or something else – may create cascading, disastrous effects, with the elite being able to escape, while the poor (and this now includes a large portion of the population) will have to bear the brunt.

This post was written by Ian Scoones and first appeared on Zimbabweland

Post published in: Business

Junior International Litigation Associate Attorney in Houston

The Houston office of our client, a Top I00 AmLaw international firm, is seeking an exceptional junior litigation associate with 2-3 years of litigation experience. A judicial clerkship is preferred. This role will focus on matters across the environmental, energy, and construction industries.

Candidates should have a strong academic record from a nationally respected law school and an equally impressive undergraduate degree, as well as large law firm experience and excellent references. Strong verbal and written communication skills, including legal research and writing, are also required.

Interested and qualified candidates should apply online to this posting, or email your resume in confidence, or with additional questions, to: houston@kinneyrecruiting.com. Rest assured that your resume never goes anywhere without your prior approval.