Morning Docket: 10.25.19

* An Apple lawyer tasked with preventing insider trading has been charged with insider trading. The good news is he probably knows a lot about the law of insider trading. [CNBC]

* Law firm rents in most parts of New York City are on the rise. Hasn’t anyone heard of WeWork? They’ve been in the news a lot lately… [New York Law Journal]

* Attorney General Barr’s review of the Russian probe has now turned into a criminal investigation. [Wall Street Journal]

* A small law firm has removed a Halloween display that featured black jack-o-lanterns after facing complaints. Apparently, they bought the jack-o-lanterns from Bed Bath and Beyond, definitely in the beyond aisle. [News 12 Westchester]

* Brendan Dassey’s lawyers used the help of 250 experts to support his request for clemency. [Post Crescent]

* Mayor de Blasio and the NYPD confirm that they would charge President Trump if he actually shot someone on Fifth Avenue. We live in interesting times… [The Hill]


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.

Anti-Sanctions protests…it simply won’t work – The Zimbabwean

 The government of Zimbabwe has declared today a public holiday, with a host of activities organized from marches, soccer matches, music gala and national prayers all as a call for the removal of the embargo.

Shockingly, anonymous government sources quoted in the media have confirmed that the event will gobble close to $4million United States Dollars to cater for transport, public address systems, food and regalia. The shocking costs to this event are coming at a time when the country is facing the worst economic crisis since independence characterised by high inflation, low productivity, industrial action mainly in the public service, with the health delivery system in a near collapse because of a 2 months strike by junior doctors who are calling for an adjustment on their incomes.

What is interesting, however, is how the Mnangagwa administration has amplified their propaganda antennae to blame sanctions as an excuse over their failures. Many would recall, that barely 2 months after Mnangagwa assumed office he said the country should stop moaning about sanctions, instead focus on creatively leveraging on available human and natural resources to steer growth and development. In January 2018, Mnangagwa said the sanctions had negatively impacted on development, but it was time the nation stopped whining about this reality and instead turned its attention to factors that it had control over. In his own words, Mnangagwa said: “Takaita masanctions edu atidzorera shure, asi ikozvino hatichafaniri kuramba tichichema namasanctions. Nezvatinazvo, tikabatana tinosimuka. Nyika yedu inosimuka. Matoona kuti tava nesolution in the area of agriculture and the area of food security. Tava nesolution nemasolutions in manufacturing.”

One wonders what has changed, and what happened to the solutions prescribed by the controversial Zimbabwean leader.

 But as we debate the sanctions issue, we must not be blinded by the rhetoric of the current administration, the admittance by Mnangagwa that the country must stop moaning about sanctions is a clear declaration that the sanctions have had no much effect to the operations of the economy. Whatever is happening is just but an excuse for this government’s failures to deliver and they know that very well.  They equally know what needs to be done for those sanctions to be removed, and it won’t be fake prayers, rented marches, music galas because the intended audience would have nothing of that sort.

Since the assumption of power by Mnangagwa through a military coup, he embarked  a short but spirited campaign for re-engagement, selling a dummy that his government was pushing a reformist agenda, and all is now proving to be a pack of lies and deception.

 Mnangagwa’s re-engagement campaign  has totally collapsed like a deck of cards and he has been left clutching at straws. All has been exposed that Mnangagwa has no appetite for reforms but a continuation of the Mugabe template of leadership. Mnangagwa and team thought they would get away with human rights abuses, stealing elections, corruption, bad governance, but all is now clear for all to see that Zimbabwe is plunging to deeper waters than we ever imagined. Resorting to the Mugabe narrative of sanctions shows a leadership that is frustrated, clueless and out of sorts and now using sanctions as scapegoat for their failures to perform and reform.

The Mothlante commission recommendations have been ignored and lately Clement Nyaletsossi Voule, a UN envoy on the rights to freedom of peaceful assembly and of association, told reporters after a 10-day fact-finding visit that Zimbabweans were questioning the capacity of President Emmerson Mnangagwa’s government to bring about change.

 Quite intriguing was also, is the United States of America, through their Ambassador Brian Nichols who exposed the sanctions narrative and dismissed that sanctions are the reason for Zimbabwe’s woes. “Our targeted sanctions are not responsible for Zimbabwe falling tragically short of its potential. The fault lies in the catastrophic mismanagement by those in power and the government’s abuse of its citizens,” Nichols tweeted Thursday. The US Embassy went on to publish what they termed 5 facts about U.S sanctions on Zimbabwe, and they have been challenging the Mnangagwa administration in debunking the sanctions using a hashtag, #ItsnotSanctions on their tweeter handle.

Consequently, the European Union (EU) ambassador to Zimbabwe Timo followed suit and said that the planned solidarity marches would not help change the EU bloc’s position on Zimbabwe.

“Well, SADC has the liberty of stating what it wants, that is their political statement that they came out with recently. When you look at the factual assessment about the facts, because in the SADC communiqué, they were talking about the economic effects and the unfairness of it and from that perspective, we will not be convinced because we were just outlining the limited effect of the economic restrictions that the economic measures would have,” he said.

Our position as the Crisis in Zimbabwe Coalition is clearly espoused in our People Matter campaign, launched on the 18th of September this year in that instead of moaning about sanctions, we urge the Government of Zimbabwe to refocus its energies on an inclusive national reforms program that seeks to broaden and strengthen democratic space and development. We reiterate our call for an inclusive process on the national dialogue that brings all stakeholders together.

We further clarify that in our view the national dialogue that we continue to call for is not predicated on creating another version of a Global Political Agreement or an elite power-sharing deal. We reiterate that our envisaged national dialogue should be a reform process that seeks to safeguard the interest of citizens by restoring the Social Contract between the citizens and those that govern and uphold human security in Zimbabwe.

In this regard, we hold the firm view that the national dialogue process must never be restricted to political parties but should rather bring on board a cross-section of stakeholders that include civic society, labour, women, youth, religious groups, business among other critical stakeholders.

Restricting the dialogue process to political parties will only create a political pact that excludes the concerns of ordinary citizens. We strongly denounce cosmetic approaches to the national dialogue process.

We further call on the Government of Zimbabwe to prove its sincerity by ensuring that Zimbabwe has a conducive environment for holding an inclusive dialogue process in the wake of state-sponsored terror that has increased fear levels amongst citizens. To create a conducive environment and as part of confidence and trust-building in the national dialogue, the government must immediately meet the following conditions:

•    End torture, abductions and enforced disappearances, murder, rape and maiming civilians by the military, state security agents and ruling party vigilante groups

•    Decriminalize the work of civil society and end the continued persecution and arbitrary arrests of civic society leaders

•    Ensure that peace and human security to prevail to allow for all stakeholder to freely express their views on the national dialogue process

•    Release of all political prisoners and return Zimbabwe to the rule of law

•    The attack on Chapter 12 institutions must seize and independent constitutional bodies allowed to discharge their mandate without undue interference from the state and other conflicted parties

•    Promote fair media coverage for all stakeholders and allow divergent views to be shared on all media platforms. Tolerance to divergence is the hallmark of enriching the national dialogue process

We reiterate our position that persecution of human rights defenders and trade unionist in Zimbabwe pose serious human security challenges for ordinary citizens and the global democratic order and restate our commitment to defend the Constitution of Zimbabwe. The Government of Zimbabwe must be guided by the Constitution and a firm commitment made to uphold the Rule of Law and Respect for fundamental human rights.

These are the issues we feel require urgent attention and not wasting resources embarking on a futile exercise like the Anti-sanctions campaign.

In that regard, therefore, and as the marches go on, the debate continues and here we present to you the special edition focusing on sanctions with various authors giving their lucid analysis to understand what’s going on. Enjoy the read

US Statement on Zimbabwe Sanctions – The Zimbabwean

The Committee said the government must implement the reforms outlined in the Zimbabwe Democracy and Economic Recovery Act.

Read the full statement below:

U.S. Sen. Jim Risch (R-Idaho), chairman of the Senate Foreign Relations Committee, today released the following statement regarding efforts of the government of Zimbabwe to spread misinformation and deflect blame for the dire economic conditions faced by the country:

“Responsibility for the current political and economic crisis in Zimbabwe falls solely on the ruling regime that has governed the country for decades. If Zimbabwe’s leaders put as much time, financial resources, and effort into delivering on their long-promised reforms as they have in distorting facts and organizing “anti-sanctions” campaigns, Zimbabweans would not continue to suffer under the dire economic and humanitarian conditions they face today. The US does not sanction people without just cause – sanctions are a response to malign activity.

“The U.S is an enduring partner and friend to the Zimbabwean people, which is reflected in our decades-long support to the country’s humanitarian and development needs. Zimbabwe’s leaders, starting with President Mnangagwa, continue to have a clear path towards strengthening the U.S.-Zimbabwe bilateral relationship through reforms outlined in the Zimbabwe Democracy and Economic Recovery Act. The ruling party should focus on the needs of the Zimbabwean people instead of their bad governance, corruption, and state capture. Regional institutions should also focus their energies on supporting democracy, not kleptocratic regimes.”

Background: In 2003, the United States began to impose sanctions on select individuals in the ZANU-PF regime and entities known to facilitate human rights abuses, undermine the rule of law, and engage in the looting of state resources for personal or political gain. While the targeted sanctions have been in place, the U.S. has continued to invest in humanitarian and development aid for Zimbabwe, spending more than $2 billion over the last 10 years. The government of Zimbabwe has used misinformation to blame U.S. sanctions for the country’s political, economic and humanitarian situation and has coordinated anti-sanctions protests across the country for Oct. 25.

Sanctions against persons contributing to the conflict in Zimbabwe
Will Artificial Intelligence Lead to Massive Job Losses?

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Air Zimbabwe barred from using SA airports – The Zimbabwean

JOHANNESBURG – Air Zimbabwe has been barred from using South Africa’s airports.

Airports Company South Africa (Acsa) confirmed the suspension took effect on Tuesday.

It said the airline owes it an undisclosed amount of money.

Acsa, however, said it would not disclose the amount owed by the airline.

“The company informed Air Zimbabwe by letter on 18 October that it will not be allowed to depart from any of Airports Company South Africa’s nine airports and that the prohibition will remain in place until outstanding amounts are settled,” Acsa said in a statement.

“The suspension of an airline takes place only after considerable engagement with an airline’s management.”

Sanctions against persons contributing to the conflict in Zimbabwe – The Zimbabwean

25.10.2019 7:25

This document is explanatory only and does not have the force of law. Executive Orders 13288, 13391, 13469, applicable laws and the implementing regulations pertaining to Zimbabwe (31 C.F.R. Part 541) contain the legally binding provisions governing the sanctions. This document does not supplement or modify the Executive orders or the regulations.

The Zimbabwe sanctions program implemented by the Office of Foreign Assets Control (“OFAC”) began on March 7, 2003, when the President issued Executive Order (“E.O.”) 13288. E.O. 13288 imposed sanctions against specifically identified individuals and entities in Zimbabwe, as a result of the actions and policies of certain members of the Government of Zimbabwe and other persons undermining democratic institutions or processes in Zimbabwe. Following E.O. 13288, in response to the continued undermining of democratic institutions, the President issued two subsequent Executive orders that expanded the list of sanctions targets to include immediate family members of any person whose property and interests in property are blocked as well as those persons providing assistance to any such individual.

Read full report: zimb

US Statement on Zimbabwe Sanctions

Post published in: Featured

Yes, Even Smart People Fail The Bar Exam

What Biglaw name partner and former law school dean — called by Laurence Tribe “the most extraordinary student I had ever had” — failed the California bar exam in 2005 on the first try?

Hint: This person was already barred in New York and Massachusetts, and passed the California bar on the second try in 2006.

See the answer on the next page.

Republican Media Is Already At The ‘Trump Is Too Dumb To Fail’ Stage

Politics

The Wall Street Journal editorial page does its thing again.

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From the Above the Law Network

Changing Your Mindset: Tips To Improve Your Mental Health And Increase Happiness

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 Molly Daniel-Springs to our pages.

If you had told my first-year law school self that I would be writing an article about how to maintain/improve your mental health while parenting two toddlers and running a solo practice, I would have been all, not in this life. Almost 10 years later, here we are. I hope these tips help you on your journey.

Change your mindset. What is it with the insane expectations on working moms? A few days ago, I read a post on Facebook by Sarah Friedberg (the post went viral- look it up) that dropped so many truth bombs I found myself nodding and mmmhm-ing all over the place. Then I had my husband read it because he must know women are so superior. The gist of her post is that society expects us to be the perfect mothers, ideal workers, and doting wives. We are supposed to run the household, organize the social calendar, plan the vacations, handle the doctors’ appointments, participate in school functions [insert my feeling of total dread on this one], meal prep, make sure the animals don’t die of neglect, plan the birthday parties, make sure the kids are in swim lessons, do craft projects with them, buy their clothes and wash them, make sure they’re using their manners, be Santa and the Easter bunny and the tooth fairy, and keep the house clean and tidy, just to name a few. Oh, and maintain a career. And be a good human. Um… wut?

And the reality for many of us is that we have bought into this outrageous standard and take pride in “accomplishing” all of this — at the expense of our own well-being. That requires re-training. After trying to live up to these expectations for a couple of years, in early 2018, I decided to choose another path and strive for being a just okay mom, worker, and wife. I kid, I kid. But, really, I try to set realistic expectations for myself. In the same token, I try not to allow myself to feel guilty for doing so. Mom guilt is no joke and people have no problem laying it on thick.

Promote partnership. My husband and I both work. For most in the same position, the majority of the child care and “household” responsibilities still fall on us moms. One way I have found to combat this is to make to-do lists. They’re not for my husband; they’re for both of us. Here are a few things that were on my recent list: return software (J), lay pine straw, fix wheel barrel tire, pressure wash (J). My husband (Joseph) knows that everything with a (J) beside it is for him to do. Yes, I totally fixed that wheel barrel tire, like a boss. I put things on the list that, two years ago, I would have undoubtedly handled (think: schedule dentist, call plumber). Because not all of the household tasks, like returning an item, need to be my responsibility. I am in a partnership with my spouse, and these tasks should fall on us equally.

Sometimes, the best way for your partner to realize how much you actually do is to take a vacation sans kids and spouse (and work). I feel like my husband is well above-average in sharing the housework and the child care responsibilities (shout out to you, stud), but he still benefited from seeing all the things that did not get done while I was gone on a girls’ trip for a long weekend last year. If you’re wondering to yourself because I know all of you are, but really though, how did he survive? I’ll tell you. He doesn’t have as hard of a time as I used to in calling for help. It’s engrained in many of us that we can handle it because we are expected to handle it. Dads don’t have that problem. Neither should you.

Enlist help. Whether it’s a nanny, help from family, or putting your kids in daycare, having help with the kids is, for me, the number one stress reducer. We also have trusted family members who live nearby and help tremendously. And recently, I found a “mommy’s helper” who comes twice a month and assists in working down the list of household things that need to get done. It takes a village. Embrace yours.

Girls’ night. As a solo practitioner, networking is key (and as I write this article, I am reminded that I need to take networking off the backburner). As a mom, girls’ night is hashtag critical. Once a month, on average, we plan a dinner out. They’re my therapy and my tribe.

You time. My former boss and current mentor used to stress the importance of taking “you” time. Never has that advice been as valuable as it is now. When I need to step away for a moment because opposing counsel filed a frivolous motion or one of my toddlers lost her mind because I “didn’t put her potty seat on right,” I do just that. Go for a facial, run an errand, walk around the antique mall, scroll through Facebook marketplace. Don’t judge me.

In closing and as a last tip, give yourself and others grace. We’re not going to win every case or get it right every time, and we’re going to make mistakes in parenting. We’re all just trying to figure this out while maintaining enough wherewithal to show up for court without bodily fluids on our blazers.

EarlierMothers At Law: Achieving Meaningful Success In The Legal Profession


Molly Daniel-Springs is the owner of Springs Law Firm, a personal injury and social security disability firm in Charlotte, North Carolina. She is married with two toddlers and enjoys gardening, talking politics, and using sarcasm whenever possible.

Nightmare Tesla Lawsuit Is Why We Need Tort Law

(Photo by Justin Sullivan/Getty Images)

On February 21, 1967, during a test procedure for Apollo 1, a fire occurred in the crew cabin. Astronauts Gus Grissom, Ed White, and Roger B. Chaffee were killed in the accident. The crew could not be rescued, because the hatch door could not be opened from the outside by rescuers.

Despite America’s “space race” against the Soviet Union, the manned space program was halted from 20 months to investigate and address the causes of the accident.

In the public sector, when your technology kills people, you take it off the line and fix the problem before you put people in harm’s way.

The private sector is a little different.

This February, according to a lawsuit, Omar Awan was driving a Model S Tesla when he lost control and careened off the road. A fire ignited in the car. A crowd gathered and a police officer came while he was burning. But, according to the family, they couldn’t help because they could not open the car’s “auto-present” doors.

Backed by a strong earnings report, Tesla stocks are soaring today, up near $300/share.

From the Washington Post:

Awan’s death is one in a string of recent incidents that have been blamed on Tesla’s innovative technology. A lawsuit stemming from a May 2018 crash that killed two teens also blamed a battery fire for at least one of the deaths. ([Awan’s family attorney Stuart Grossman] represents the car’s third passenger, who survived the accident after being thrown from the vehicle.)

In April, surveillance footage from a Shanghai parking garage showed smoke billowing from a Model S moments before the car burst into flames. The widely shared video prompted Tesla to open an internal investigation.

Several other suits have attributed deaths to Tesla’s “Autopilot” system, an automatic driver-assistance feature.

“There are a number of these cases,” Grossman said. “What the hell is going on?”

After the Awan crash, Tesla did not halt production for 20 months. Instead:

Shortly after the February crash, a Tesla spokeswoman told the Florida Sun-Sentinel that “We are deeply saddened by this accident” but that “Tesla vehicles are engineered to be the safest cars in the world and Tesla drivers have driven more than 10 billion miles to date.”

Tort law is here for this. Tort law is the only thing that is here for this. You can make your jokes about tort lawyers or seemingly frivolous lawsuits — Lord knows I have. But at the end of the day, a private company like Tesla is never going to run its business with the kind of restraint as an agency like NASA, no matter how much the owner talks about going to space.

Unless the tort lawyers make them.

A man died in a burning Tesla because its futuristic doors wouldn’t open, lawsuit alleges [Washington Post]


Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.