Some Trump Holiday Cheer – Above the Law

(Photo
by
Win
McNamee/Getty
Images)

To
my
sane
friends

that
is,
the
ones
who
voted
against
Trump

here’s
some
holiday
cheer: 
Things
may
be
OK.

The
Trump
presidency
may
work
out.

Think
about
foreign
policy:
As
to
Iran,
nothing’s
worked
so
far.
Maybe
the
recent
events
in
Syria
will
be
an
improvement,
no
matter
who’s
the
president.
Or
maybe
Trump’s
“maximum
pressure”
policy
will
be
as
good
as
whatever
Biden’s
been
doing.

China?
Same
deal.
Perhaps
threats
of
tariffs,
or
actual
tariffs,
will
bring
China
back
onto
the
right
side
of
the
global
community.
I’d
pay
another
percent
or
two
for
manufactured
goods
in
exchange
for
an
improvement
in
the
world
order.

In
Israel,
Netanyahu
may
give
Trump
the
welcoming
present
of
a
peace
deal
in
Gaza.
That
would
undoubtedly
be
an
improvement.

On
NATO,
maybe
Trump
is
bluffing.
Trump
wants
member
countries
to
contribute
more
money
for
their
defense.
Perhaps
they
will,
and
the
United
States
will
not
withdraw
from
the
alliance.
That’d
be
a
win-win.

In
Ukraine,
victory
for
the
good
guys
appears
to
be
out
of
reach.
Perhaps
a
negotiated
solution
that
ends
the
dying
is
not
so
bad.

North
Korea?
Nothing’s
worked
for
the
past
few
decades.
So
whatever
Trump
does
is
a
push
with
the
past,
unless
Trump
triggers
World
War
III.
I
don’t
think
he’d
do
that,
because
World
War
III
would
ruin
all
of
his
golf
courses.

See?
On
the
foreign
policy
front,
things
could
be
OK.

How
about
domestic
policy?

Maybe
Trump’s
just
bluffing
about
imposing
20%
tariffs
on
Canada
and
Mexico.
Perhaps
our
neighbors
will
make
some
insignificant
adjustments
to
something,
Trump
will
claim
that
he’s
achieved
the
greatest
victory
in
the
history
of
the
world,
and
life
will
move
on.

Same
with
deportation
of
illegal
immigrants:
Trump
will
deport
a
few
thousand
undocumented
workers
who
committed
crimes
while
they
were
in
the
United
States.
Beyond
that,
deportations
will
become
expensive
and
unpopular. 
Deportations
will
stop,
Trump
will
claim
success,
and
life
will
go
back
to
normal.
Actually,
life
will
go
back
to
a
better
normal.

Tax
cuts?
This
is
tricky.
The
Trump
tax
cuts
disproportionately
benefited
the
rich.
Continuing
those
tax
cuts
will
worsen
the
federal
deficit
and
again
simply
benefit
the
rich.
But
we’ve
lived
with
those
tax
cuts
for
six
years
now,
and
we’ve
survived.
And
the
damned
politicians
have
ignored
deficits
since
the
Reagan
era,
and
we’ve
gotten
away
with
it.
Maybe
there
will
not
yet
be
a
price
today.

Climate
change?
Maybe
the
market
economy
will
help:
Coal
and
gas
will
become
expensive
sources
of
energy
compared
to
nuclear,
solar,
and
wind,
and
folks
will
gradually
shift
to
cheaper,
and
more
climate-friendly,
alternatives.

See?
Things
might
not
be
so
bad.

I
confess
that
you’ll
probably
get
a
dose
of
Trump
every
morning
for
the
next
four
years,
as
he
continues
to
steal
the
media
spotlight
for
no
good
reason.
I
can’t
help
you
with
that.
Just
ignore
him.

In
the
meantime,
think
about
this:
Every
day,
for
the
rest
of
your
life,
you’ll
proudly
be
able
to
say,
“I’ve
never
voted
for
a
convicted
felon
to
be
President
of
the
United
States.”
That
puts
you
way
ahead
of
tens
of
millions
of
Americans.




Mark 
Herrmann


spent
17
years
as
a
partner
at
a
leading
international
law
firm
and
later
oversaw
litigation,
compliance
and
employment
matters
at
a
large
international
company.
He
is
the
author
of




The
Curmudgeon’s
Guide
to
Practicing
Law
 and Drug
and
Device
Product
Liability
Litigation
Strateg
y (affiliate
links).
You
can
reach
him
by
email
at 
[email protected].

Zimbabwe Vigil Diary 14th December 2024


16.12.2024


17:21

Another
virtual
Vigil
today
continues
our
protest
against
the
human
rights
abuse
and
lack
of
democracy
in
Zimbabwe. 



https://www.flickr.com/photos/zimbabwevigil/54208041801/sizes/m/

Our
virtual
Vigil
activist
today
was
Chantelle
Manyande.
She
carried
a
placard
expressing
her
dissatisfaction
with
ZANU
PF,
Zimbabwe’s
ruling
regime.  Photo:

https://www.flickr.com/photos/zimbabwevigil/albums/72177720322600817
.

For
Vigil
pictures
check: http://www.flickr.com/photos/zimbabwevigil/.
Please
note:
Vigil
photos
can
only
be
downloaded
from
our
Flickr
website.


  


Events
and
Notices:  


  • Next
    Vigil
    meeting
    outside
    the
    Zimbabwe
    Embassy. 
    Saturday
    7th December
    from
    2

    5
    pm.
    We
    meet
    on
    the
    first
    and
    third
    Saturdays
    of
    every
    month.
    On
    other
    Saturdays
    the
    virtual
    Vigil
    will
    run.

  • The
    Restoration
    of
    Human
    Rights
    in
    Zimbabwe
    (ROHR)
     is
    the
    Vigil’s
    partner
    organisation
    based
    in
    Zimbabwe.
    ROHR
    grew
    out
    of
    the
    need
    for
    the
    Vigil
    to
    have
    an
    organisation
    on
    the
    ground
    in
    Zimbabwe
    which
    reflected
    the
    Vigil’s
    mission
    statement
    in
    a
    practical
    way.
    ROHR
    in
    the
    UK
    actively
    fundraises
    through
    membership
    subscriptions,
    events,
    sales
    etc
    to
    support
    the
    activities
    of
    ROHR
    in
    Zimbabwe.

  • The
    Vigil’s
    book
    ‘Zimbabwe
    Emergency’
     is
    based
    on
    our
    weekly
    diaries.
    It
    records
    how
    events
    in
    Zimbabwe
    have
    unfolded
    as
    seen
    by
    the
    diaspora
    in
    the
    UK.
    It
    chronicles
    the
    economic
    disintegration,
    violence,
    growing
    oppression
    and
    political
    manoeuvring

    and
    the
    tragic
    human
    cost
    involved. It
    is
    available
    at
    the
    Vigil.
    All
    proceeds
    go
    to
    the
    Vigil
    and
    our
    sister
    organisation
    the
    Restoration
    of
    Human
    Rights
    in
    Zimbabwe’s
    work
    in
    Zimbabwe.
    The
    book
    is
    also
    available
    from
    Amazon.


  • Facebook
    pages:   


        Vigil : 
https ://www.facebook.com/zimbabwevigil 


        
ROHR: https://www.facebook.com/Restoration-of-Human-Rights-ROHR-Zimbabwe-International-370825706588551/ 

        ZAF: https://www.facebook.com/pages/Zimbabwe-Action-Forum-ZAF/490257051027515

The
Vigil,
outside
the
Zimbabwe
Embassy,
429
Strand,
London
meets
regularly
on
Saturdays
from
14.00
to
17.00
to
protest
against
gross
violations
of
human
rights
in
Zimbabwe.
The
Vigil
which started
in
October
2002
will
continue
until
internationally-monitored,
free
and
fair
elections
are
held
in
Zimbabwe.

Post
published
in:

Featured

Economic Governance Watch 9/2024


Introduction

At
the
end
of
last
month
the
Minister
of
Finance,
Economic
Development
and
Investment
Promotion
presented
the
2025
national
budget
statement
in
the
National
Assembly.  He
did
this
in
accordance
with
section
305(1)
of
the
Constitution,
which
states:

“(1)  Every
year
the
Minister
responsible
for
finance
must
present
to
the
National
Assembly
a
statement
of
the
revenues
and
expenditures
of
the
Government
in
the
next
financial
year.”

When
the
Minister
presented
his
budget
statement
he
tabled
supporting
documents,
namely
estimates
of
revenue
and
expenditure
and
a
public
debt
report.  Then
last
Friday
a
Finance
Bill
and
an
Appropriation
Bill
were
published
in
the
Gazette.

We
shall
explain
what
these
documents
are
in
this
bulletin.

The
budget
statement

This
statement
sets
out
among
other
things
the
economic
and
political
environment
in
which
the
budget
is
being
presented
and
explains
the
assumptions
that
underpin
the
budget.  The
statement
also
looks
at
the
future
outlook
in
terms
of
economic
growth
and
the
overall
amounts
that
are
to
be
allocated
or
appropriated
to
Ministries,
departments,
agencies,
commissions
and
other
national
institutions.

The
budget
statement
delivered
by
the
Minister
on
the
28th
November
can
be
accessed
on
the
Veritas
website [link].

The
estimates
of
revenue
and
expenditure

The
estimates
set
out
in
detail
the
Government’s
estimated
revenues
and
expenditures
for
the
coming
year,
indicating
the
specific
sectors
from
which
the
revenues
will
come
and
the
proposed
expenditure
of
each
Ministry,
department
and
agency.

Before
the
days
of
computers,
the
estimates
were
printed
in
a
book
with
a
blue
paper
cover;  hence
they
are
colloquially
called
“the
blue
book”.

The
estimates
tabled
by
the
Minister
last
month
can
be
accessed
on
the
Veritas
website [link].

Debt
Statement

Section
300(4)(b)
of
the
Constitution
compels
the
Minister
of
Finance
to
take
Parliament
into
his
confidence
about
the
national
debt.  The
section
reads:

“(4) The
Minister
responsible
for
finance
must—

(b)
at
the
same
time
as
estimates
of
revenue
and
expenditure
are
laid
before
the
National
Assembly
in
terms
of
section
305,
table
in
Parliament
a
comprehensive
statement
of
the
public
debt
of
Zimbabwe.”

The
statement
must
be
“comprehensive”,
meaning
it
should
be
complete
and
detailed.  It
should
contain
the
following
details:
the
names
of
all
lenders
and
the
full
amounts
they
have
lent,
the
rate
of
interest
payable
on
each
of
their
loans,
and
the
extent
to
which
the
State
is
in
arrears
in
making
repayments.  In
other
words,
the
statement
should
explain
the
country’s
debt
performance
in
sufficient
detail
to
keep
the
National
Assembly
fully
abreast
of
the
country’s
indebtedness.

Readers
can
assess
the
accuracy
and
completeness
of
this
year’s
statement
by
accessing
it
on
the
Veritas
website [link]
It
shows
that
as
of
the
30th
September
2024
Zimbabwe’s
public
debt
and
publicly
guaranteed
debt
amounted
to
US
$21,1
billion. 
A
significant
portion
of
this

US
$12,3
billion

is
foreign
and
the
rest
is
domestic.

Appropriation
Bill

This
Bill
sets
out
the
total
amount
of
money
appropriated,
or
allocated,
to
each
government
Ministry
and
department
and
other
institution.  The
Bill
is
mandated
by
section
305(4)
of
the
Constitution,
which
reads:

“(4) When
the
National
Assembly
has
approved
the
estimates
of
expenditure
for
a
financial
year,

the
Minister
responsible
for
finance
must
cause
a
Bill
to
be
known
as
Appropriation
Bill
to
be
introduced
into
the
National
Assembly,
and
that
Bill
must—

(a)
provide
for
money
to
be
issued
from
the
Consolidated
Revenue
Fund
to
meet
the
approved
expenditure;  and

(b)
appropriate
money
to
the
purposes
specified
in
the
estimates,
under
separate
votes
for
the
different
heads
of
expenditure
that
have
been
approved.”

The
Appropriation
Bill
is
brought
up
in
the
National
Assembly
as
soon
as
the
estimates
have
been
approved
by
the
Committee
of
Supply.  The
various
readings
of
the
Bill
are
expedited
in
terms
of
S.O.
125
of
the
Assembly’s
Standing
Orders.

The
Appropriation
Bill
for
next
year
was
published
in
last
Friday’s
Gazette
and
can
be
accessed
on
the
Veritas
website [link].

Finance
Bill

This
Bill
sets
out,
in
legal
form,
how
the
Government
is
going
to
raise
the
revenue
needed
to
meet
its
projected
expenditure
in
the
coming
year.  Most
government
revenue
is
raised
through
taxes
and
duties
of
various
kinds,
so
Finance
Bills
amend
taxing
statutes

the
Income
Tax
Act
and
the
Value
Added
Tax
Act,
for
example

to
increase
and
adjust
taxes
in
order
to
raise
the
necessary
revenue.  Finance
Bills
must,
according
to
Constitution,
be
confined
to
taxation
and
the
raising
of
revenue

see Economic
Governance
Watch
1/2024 [link
but
in
recent
years
they
have
contained
clauses
on
a
wide
variety
of
other
matters.

A
departmental
draft
of
the
Bill
is
often
published
as
soon
as
the
Minister
has
delivered
his
budget
statement,
but
even
if
it
isn’t
the
Bill
itself
should
be
published
in
time
for
it
be
passed
by
the
National
Assembly
together
with
the
Appropriation
Bill.

The
current
Finance
Bill
was
published
in
the
Gazette
together
with
the
Appropriation
Bill
and
it
can
be
accessed
on
the
Veritas
website [link]
It
proposes
the
following
new
taxes:


  • Rental
    Income
    Tax
    :
     Properties
    converted
    from
    residential
    to
    business
    use
    will
    attract
    a
    25
    per
    cent
    tax
    on
    their
    rental
    income.

  • Betting
    Tax
    :
     A
    10
    per
    cent
    withholding
    tax
    on
    gross
    winnings
    of
    sports
    betting
    punters,
    effective
    from
    the
    1st
    January,
    2025.

  • Fast
    Foods
    Tax
    :
     A
    0.5
    per
    cent
    tax
    on
    the
    sales
    value
    of
    fast
    food
    items
    like
    pizzas,
    burgers
    and
    French
    fries,
    effective
    from
    the
    1st
    January,
    2025.

  • Plastic
    Carrier
    Bag
    Tax
    :
     A
    20
    per
    cent
    tax
    on
    the
    sale
    value
    of
    plastic
    carrier
    bags,
    to
    promote
    biodegradable
    alternatives.

These
last
two
taxes
in
particular
are
directed
less
at
increasing
State
revenues
and
more
at
achieving
socially
beneficial
results
such
as
encouraging
people
to
eat
healthy
foods
rather
than
fast
foods
and
promoting
biodegradable
bags
over
plastic
bags.

Conclusion

The
above-mentioned
statements
or
documents
are
what
makes
up
the
national
budget.
It
should
be
noted
that
the
National
Assembly
has
the
power
to
approve,
amend
or
reject
the
Minister’s
proposals
during
debate.  This
seldom
happens,
however,
partly
because
of
time
constraints
imposed
by
the
Assembly’s
Standing
Orders.

The
2025
budget
is
currently
under
debate
in
National
Assembly
and
technically
the
budget
should
be
passed
before
the
end
of
January
2025.



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

Post
published
in:

Featured

CGAIZ graduates urged to make a difference


Judith
Buzuzi


Speaking
at
a
CGAIZ
graduation
in
Harare
on
Friday,
she
said
this
was
where
the
expertise
of
those
graduating
was
indispensable.


Twenty-nine
Diploma
in
Forensic
Accounting
students
and
63
Master
of
Commerce
in
Professional
Accounting
and
Corporate
Governance/Graduate
Chartered
Governance
(MCom/Grad
CG)
students
graduated
at
the
ceremony. 


The
MCom/Grad
CG
qualification
is
the
result
of
a
collaborative
agreement
between
the
CGAIZ
and
the
Great
Zimbabwe
University.
Most
of
the
Diploma
in
Forensic
Accounting
students
are
members
of
the
Zimbabwe
Republic
Police.


Ms
Buzuzi
said
the
strong
foundation
in
governance
and
accountancy
of
the
MCom/Grad
CG
graduates
would
allow
them
to
design
systems
that
promote
efficiency,
resilience
and
ethical
leadership
in
both
the
private
and
public
sector.


“Our
nation
faces
complex
challenges
but
with
challenges
come
opportunities
to
innovate
and
lead.
In
today’s
world
professionals
must
remain
ahead
of
contemporary
trends,”
she
said.


She
urged
the
graduates
to
embrace
technologies
such
as
Artificial
Intelligence
(AI)
to
bring
efficiency
and
foresight
to
governance
and
accountancy.


Forensic
accountants,
she
said,
were
guardians
of
transparency,
integrity
and
accountability
in
financial
practices. 


“You
have
the
skills
to
detect
and
prevent
fraud,
safeguarding
the
assets
and
reputations
of
the
organisations
you
serve,”
she
said.


She
told
the
graduates
that
they
were
uniquely
positioned
to
help
organisations
integrate
sustainability
into
their
core
strategies,
ensuring
they
operate
in
ways
that
protect
the
planet
and
support
future
generations.


“Your
leadership
in
this
area
can
drive
Zimbabwe
towards
a
mores
sustainable
and
equitable
economic
future,”
she
said.


Their
skills
were
needed
in
public
sector
governance
more
than
ever,
as
governance
was
the
backbone
of
effective
service
delivery,
social
justice
and
economic
stability.


“By
advocating
for
transparency,
accountability
and
ethical
decision-making,
you
can
contribute
to
restoring
public
trust
and
enhancing
the
efficiency
of
public
institutions.


“Today
I
challenge
you
to
use
your
expertise
to
provide
tangible
solutions
to
society’s
pressing
problems.
Whether
its
ensuring
financial
integrity,
fostering
sustainable
practices
or
driving
innovation,
the
knowledge
and
skills
you
possess
are
powerful
tools
for
change.


“Be
proactive
in
addressing
the
issues
faced
by
businesses,
communities
and
institutions.
As
professionals,
you
have
the
unique
ability
to
turn
challenges
into
opportunities,
obstacles
into
stepping
stones,”
she
said.


In
a
speech
read
on
his
behalf,
CGAIZ
chief
executive
Lovemore
Gomera
said
the
21
st

century
demanded
more
than
knowledge.
It
required
adaptability,
foresight
and
innovation.


“Artificial
intelligence
is
one
such
trend
that
is
reshaping
the
very
fabric
of
governance
and
accountancy.
As
graduates,
you
must
embrace
AI
as
an
enabler
rather
than
a
disruptor.
Leverage
it
to
enhance
decision-making,
automate
mundane
tasks
and
uncover
insights
that
drive
impactful
governance,”
he
said.


Challenges
in
public
sector
governance,
financial
mismanagement
and
operational
inefficiencies
required
bold,
informed
leadership,
he
said.


“As
you
go
forth,
let
your
impact
speak
volumes.
Do
not
merely
occupy
positions,
transform
them.
Be
the
strategic
minds
who
challenge
the
status
quo,
the
ethical
leaders
who
uphold
integrity
and
the
innovative
thinkers
who
turn
challenges
into
opportunities,”
he
said.


He
said
the
Institute
prided
itself
on
being
a
movement
committed
to
transforming
governance
practices
and
driving
national
development.

Post
published
in:

Featured

7 Tech Challenges Facing Financial Services Law Departments – Above the Law

Though
it
may
seem
like
centuries
ago,
it
was
only
November
2022
when
the
launch
of
ChatGPT
made
harnessing
AI
a
central
focus
of
the
corporate
world.

Ever
since,
law
departments
of
all
sizes
and
in
all
industries
have
been
tasked
with
adopting
the
technology
and
realizing
the
benefits
it
can
provide.

In
financial
services
in
particular,
there
are
myriad
potential
upsides
for
law
departments.

But
as
with
any
new
technology,
there
is
an
apprehensiveness
surrounding
the
risks
of
bringing
it
on.
There’s
also
a
lack
of
awareness
about
all
that
it
can
accomplish.

In
this
white
paper
presented
with
our
friends
at
Relativity,
we
explore
seven
challenges
to
tech
adoption
faced
by
in-house
law
departments,
particularly
in
the
financial
services
industry.

We
also
look
at
some
steps
lawyers
should
consider
to
move
toward
their
desired
outcomes.

Senators, Representatives Introduce Bill That Would Ban Joint Ownership of PBMs and Pharmacies – MedCity News

U.S.
senators
and
representatives
introduced
a

bill

on
Wednesday
that
aims
to
prohibit
the
combined
ownership
of
pharmacy
benefit
managers
(PBMs)
and
pharmacies
and
require
parent
companies
of
PBMs
to
divest
their
pharmacy
businesses.

The
bill
is
called
the
Patients
Before
Monopolies
Act
(PBM
Act)
and
was
introduced
by
Senators
Elizabeth
Warren
(D-Mass.)
and
Josh
Hawley
(R-Mo.)
with
Representatives
Diana
Harshbarger
(R-Tenn.)
and
Jake
Auchincloss
(D-Mass.). 

It
comes
as
PBMs

particularly

CVS
Caremark
,
Cigna’s

Express
Scripts

and
UnitedHealth
Group’s

Optum
Rx


face

scrutiny

from
the
Federal
Trade
Commission
due
to
being
vertically
integrated
with
large
healthcare
conglomerates.
The
FTC
argues
that
PBMs
have
major
power
over
which
prescription
drugs
are
available
and
at
what
price,
and
sometimes
steer
patients
to
their
affiliated
pharmacies
over
independent
pharmacies.

To
prevent
this,
the
bill
would: 

  • Prohibit
    the
    parent
    company
    of
    a
    PBM
    or
    insurer
    from
    owning
    a
    pharmacy
    business
  • Mandate
    that
    a
    parent
    company
    violating
    the
    PBM
    Act
    must
    divest
    its
    pharmacy
    business
    within
    three
    years
  • Allow
    the
    FTC,
    Department
    of
    Health
    and
    Human
    Services,
    DOJ’s
    Antitrust
    Division
    and
    state
    attorneys
    general
    to
    order
    violators
    of
    the
    act
    to
    divest
    their
    pharmacy
    business
    and
    return
    any
    revenue
    earned
    during
    the
    violation
    period
  • Direct
    the
    FTC
    to
    allocate
    disgorged
    funds
    to
    affected
    communities,
    including
    consumers
    overcharged
    at
    vertically
    integrated
    pharmacies
  • Require
    all
    divestitures
    to
    be
    reported
    to
    the
    FTC,
    which
    can
    review
    these
    actions
    and
    any
    subsequent
    acquisitions
    to
    safeguard
    competition,
    financial
    stability
    and
    public
    interest

“PBMs
have
manipulated
the
market
to
enrich
themselves

hiking
up
drug
costs,
cheating
employers,
and
driving
small
pharmacies
out
of
business.
My
new
bipartisan
bill
will
untangle
these
conflicts
of
interest
by
reining
in
these
middlemen,”
Warren
said
in
a
statement.

Hawley
echoed
Warren’s
comments,
stating
that
insurance
monopolies
are
harming
American
healthcare.

“Patients
and
independent
pharmacies
are
paying
the
price,”
Hawley
said
in
a
statement.

This
legislation
will
stop
the
insurance
companies
and
PBMs
from
gobbling
up
even
more
of
American
health
care
and
charging
American
families
more
and
more
for
less.”

The
PBM
Act
also
has
support
from
several
advocacy
groups
and
healthcare
organizations.
It
is
endorsed
by
the
American
Economic
Liberties
Project,
AffirmedRx,
Patients
Rising,
National
Community
Pharmacists
Association,
American
Pharmacy
Cooperative
Inc,
and
Pharmacists
United
for
Truth
and
Transparency.

Unsurprisingly,
the
PBM
advocacy
group
Pharmaceutical
Care
Management
Association
came
out
against
the
bill,
arguing
that
it
would
limit
access
to
“safe
and
affordable
pharmacies.”

“The
truth
is
PBM-affiliated
pharmacies,
including
mail-service
and
specialty
pharmacies,
have
a
proven
track
record
of
providing
convenient,
reliable,
and
affordable
options
for
patients
to
access
prescription
drugs,”
said
JC
Scott,
president
and
CEO
of
PCMA,
in
a
statement.
“Mail-service
pharmacies
could
save
patients,
employers,
and
public
health
plans

$23.5
billion
over
10
years

and
specialty
pharmacies,
which
are
sometimes
affiliated
with
PBMs,
have
the
technology
and
clinical
expertise
to
enhance
the
quality
of
care
patients
receive,
and
typically
can
reduce
the
cost
of
extremely
expensive
specialty
drugs
by
up
to
45
percent.”

This
is
not
the
first
bill
with
bipartisan
support
that
aims
to
rein
in
PBMs.
Others
include
the

Pharmacy
Benefit
Manager
Transparency
Act

and
the

Modernizing
and
Ensuring
PBM
Accountability
Act
.
The
FTC
has
also

recently
sued

CVS
Caremark,
Express
Scripts
and
Optum
Rx
over
insulin
prices.
The
PBMs
responded
by

countersuing

the
agency
in
November,
claiming
the
FTC’s
lawsuit
is
unconstitutional.


Photo:
Stas_V,
Getty
Images

Elite Trial Boutique Wows Associates With Bonuses That Are 175% Above The Milbank Scale – Above the Law

Biglaw
and
boutique
firms
alike
continue
to
match

and
in
some
cases,
offer
cash
in
addition
to

Milbank’s
generous

year-end

and

special

bonuses.
The
latest
firm
to
announce
bonuses
is
coming
in
over
the
top
of
Milbank’s
largesse

way,

way

over
the
top.

Elite
trial
boutique

Elsberg
Baker
&
Maruri

was
founded

less
than
one
year
ago
,
when

David
Elsberg
,
a
founding
member
of
Selendy
Gay
Elsberg,
announced
that
he
was
leaving
the
elite
boutique
to
start
his
own
firm,
Elsberg
Baker
&
Maruri,
in
partnership
with
his
former
Quinn
Emanuel
colleagues,

Rollo
Baker

and

Silpa
Maruri
.

The
firm
has
already
achieved
remarkable
success,
and
to
that
end,
Elsberg
Baker
&
Maruri
recently
announced
bonuses
that
are
175%
above
the
2024
scale
that
was
set
by
Milbank.
“We
are
excited
to
have
raised
the
bar
for
2024
associate
bonuses
above
the
standard
set
by
Biglaw
and
by
elite
trial
boutiques,”
Elsberg
said.
Check
out
the
firm’s
bonus
scale,
below.

Class
Year
Special
Bonus
Year-End
Bonus
Total
Bonus
2024 $6,000 $26,250 $32,250
2023 $6,000 $35,000 $41,000
2022 $10,000 $52,500 $62,500
2021 $15,000 $100,625 $115,625
2020 $20,000 $131,250 $151,250
2019 $25,000 $157,500 $182,500
2018 $25,000 $183,750 $208,750
2017+ $25,000 $201,250 $226,250

Elsberg
went
on
to
praise
the
firm’s
associates,
saying
that
they’ve
“performed
brilliantly”
this
year,
and
going
on
to
note
that
“[e]ach
and
every
member
of
our
close-knit
associate
team
deserves
to
share
in
the
successes
they
have
created
through
their
unwavering
support
for
one
another
and
our
clients,
showing
up
again
and
again
with
their
fierce
intellects,
tenacity
and
good
humor
to
deliver
outstanding
results
in
a
busy
inaugural
year
that
has
exceeded
our
very
ambitious
expectations.”

Congratulations
to
everyone
at
Elsberg
Baker
&
Maruri!


(Flip
to
the
next
page
to
see
the
firm’s
memo
in
full.)

Remember
everyone,
we
depend
on
your
tips
to
stay
on
top
of
compensation
updates,
so
when
your
firm
announces
or
matches,
please
text
us
(646-820-8477)
or email
us
 (subject
line:
“[Firm
Name]
Bonus/Matches”).
Please
include
the
memo
if
available.
You
can
take
a
photo
of
the
memo
and
send
it
via
text
or
email
if
you
don’t
want
to
forward
the
original
PDF
or
Word
file.

And
if
you’d
like
to
sign
up
for
ATL’s
Bonus
Alerts
(which
is
the
alert
list
we
also
use
for
salary
announcements),
please
scroll
down
and
enter
your
email
address
in
the
box
below
this
post.
If
you
previously
signed
up
for
the
bonus
alerts,
you
don’t
need
to
do
anything.
You’ll
receive
an
email
notification
within
minutes
of
each
bonus
announcement
that
we
publish.
Thanks
for
your
help!



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 BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


Morning Docket: 12.16.24 – Above the Law

(Photo
by
Kurt
Hutton/Picture
Post/Hulton
Archive/Getty
Images)

*
The
backlash
against
RFK
Jr.’s
lawyer
for
trying
to
make
iron
lungs
happen
again.
[CNN]

*
Influencer
lawsuits
are
the
new
hotness.
Soon
everyone
will
be
in
on
the
trend.
[Bloomberg
Law
]

*
Think
you’re
safe
in
a
blue
state?
Abortion
battle
goes
interstate
as
Texas
Attorney
General
Ken
Paxton
sues
New
York
doctor
for
providing
basic
health
care.
[Law
&
Crime
]

*
Fourth
Circuit
judge
gets
in
on
the

retirement
backsies

action.
[Reuters]

*
The
year
in
Biglaw
partner
pay
moves.
[Law.com]

*
Donald
Trump
is
prepping
to
go
to
the
Supreme
Court
over
birthright
citizenship.
[The
Hill
]

Senator tells parliament military officer found hanging was murdered

Nleya,
reported
missing
last
month,
was
last
seen
at
Redwood
along
the
Plumtree-Bulawayo
road.

Initially
deemed
a
suicide
after
his
body
was
found
hanging
from
a
tree
in
Figtree,
Matabeleland
South,
the
narrative
shifted
as
sources
revealed
Nleya’s
ties
to
the
military,
prompting
speculation
about
his
demise.

Speaking
during
a
parliamentary
debate
on
the
Death
Penalty
Abolition
Bill,
Senator
Sibanda
expressed
profound
grief
over
her
cousin’s
death,
which
she
described
as
a
murder
by
an
unknown
assailant.

“I
rise
with
a
heavy
heart,”
Senator
Sibanda
said.
“I
am
a
woman,
a
mother,
and
a
Senator
of
this
country,
yet
I
stand
here
with
a
cousin
lying
in
the
mortuary—Hilary
Nleya—whom
we
searched
for
over
two
weeks,
only
to
find
him
dead
in
Figtree.
He
was
murdered
by
a
person
we
do
not
yet
know.”

The
Senator
revealed
that
her
duty
in
Parliament
was
tempered
by
the
sorrow
of
planning
her
cousin’s
burial
in
Dombodema,
Plumtree,
on
Saturday.

The
Senator
expressed
her
grief,
stating
that
while
she
was
fulfilling
her
duties
in
Parliament,
she
would
soon
return
to
bury
her
cousin.

“I
am
here
to
serve
my
time
in
the
Senate
for
the
next
two
days,
and
in
three
days’
time,
I
will
go
and
bury
him.”

She
also
highlighted
the
growing
wave
of
violence
in
the
country,
lamenting
that
people—including
relatives,
parents,
and
children—are
being
murdered
by
unknown
assailants.

“Two
days
ago,
we
read
in
the
media
about
a
horrific
incident.
Someone
went
and
tied
the
door
of
a
hut,
with
people
sleeping
inside,
and
set
it
on
fire.
These
are
the
same
people
we
are
expected
to
forgive
as
a
nation.”

She
expressed
her
discomfort
with
the
idea
of
abolishing
the
death
penalty,
pointing
out
that
some
murderers
show
no
remorse
for
their
actions.

“I
am
a
law-abiding
citizen
of
this
country.
I
am
grateful
that
we
have
a
President
who
was
spared
from
the
death
penalty.
I
am
a
citizen
who
respects
the
law,
and
I
am
committed
to
the
abolition
of
the
death
penalty.

“We
remember
Geneva
Sibanda,
who
was
murdered
by
his
gardener
and
wife.
We
remember
many
of
our
friends,
colleagues—even
among
us—who
have
been
murdered
by
people
roaming
the
streets.
Some
are
known,
some
are
unknown;
some
are
in
prison
and
brag
about
killing
those
they
have
killed.
It
is
painful
in
our
hearts
to
say
that
sentencing
these
people
to
death
does
not
serve
our
country.
Killing
them
like
animals
does
not
matter
to
us.”

She
continued,
“People
will
die.
People
will
be
killed
by
those
we
show
remorse
to,
who
don’t
even
show
any
remorse
to
us.”

“It
is
so
painful
that
I
stand
here
defending
people
who
will
go
out
and
kill
their
grandparents,
or
their
mothers,
simply
because
there
was
no
food
to
cook
for
dinner.
They
will
kill
them
just
because
their
mother
failed
to
provide
food
for
them.
It
is
painful
to
spare
a
murderer
who
shows
no
remorse,
like
someone
who
kills
a
helpless
young
woman
walking
home
after
work
just
to
steal
her
bag.”

“When
they
realse
they’ve
been
seen,
they
kill
her
to
prevent
identification.
They
don’t
care
about
tomorrow—they
put
a
knife
in
her
heart
to
save
themselves.
There
is
so
much
pain
caused
by
these
murderers
that
we
are
still
defending
as
a
country.
We
will
keep
them
in
prison
for
years,
just
to
protect
them
from
death,
while
they
show
no
care
for
this
nation.
I
have
so
much
more
to
say
about
the
abolition
of
the
death
penalty,”
said
Senator
Sibanda.

Efforts
to
obtain
a
comment
from
the
Zimbabwe
National
Army
were
unsuccessful,
as
the
acting
army
spokesperson,
Lieutenant
Colonel
Mungofa,
had
not
responded
to
inquiries
by
the
time
the
story
was
published.

Matabeleland
South
police
said
they
had
not
received
the
report.

MISA urges rethink on broadcasting bill provisions

The
Bill
seeks
to
align
the
Broadcasting
Services
Act
[Chapter
12:06]
with
the
Constitution
and
the
Public
Entities
Corporate
Governance
Act
[Chapter
10:31].
While
MISA
praised
efforts
to
promote
diversity,
inclusion,
and
equity
in
broadcasting,
it
raised
concerns
over
provisions
that
could
compromise
the
sector’s
independence.

In
its
analysis,
MISA
highlighted
several
commendable
aspects
of
the
Bill,
including
support
for
community
radio
stations,
quotas
for
inclusive
programming
incorporating
persons
with
disabilities
(PWDs),
and
measures
to
ensure
gender
balance.

“Provisions
such
as
utilising
the
Broadcasting
Fund
to
sustain
community
radio
stations
and
introducing
annual
calls
for
licensing
applications
demonstrate
a
commitment
to
fostering
innovation
and
expanding
the
broadcasting
landscape,”
MISA
noted.

The
inclusion
of
officially
recognized
languages
and
the
requirement
for
broadcasters
to
air
at
least
10%
of
content
in
formats
accessible
to
audiences
with
hearing
impairments
were
also
described
as
progressive
steps.

However,
MISA
flagged
several
problematic
provisions
that
could
hinder
the
Bill’s
objectives.
Chief
among
these
were
clauses
that
might
invite
political
interference
in
board
appointments
and
editorial
control
over
private
broadcasters.

“Provisions
allowing
the
President
to
appoint
the
Broadcasting
Authority
of
Zimbabwe
(BAZ)
board
members,
after
consultation
with
the
Minister,
undermine
the
board’s
autonomy
and
leave
it
susceptible
to
political
influence,”
MISA
argued.

The
organisation
also
criticised
the
practical
challenges
of
implementing
quotas
for
local
sports
content
and
ensuring
that
regulatory
processes
promote
diversification
rather
than
creating
bottlenecks.

Another
contentious
provision
is
the
linkage
between
motor
vehicle
licensing
and
radio
licenses.
The
Bill
stipulates
that
the
Zimbabwe
National
Road
Administration
(ZINARA)
and
motor
insurance
companies
can
only
issue
licenses
or
policies
to
individuals
holding
a
current
radio
license
or
an
exemption
certificate
from
the
Zimbabwe
Broadcasting
Corporation
(ZBC).

“Linking
motor
vehicle
licensing
and
insurance
to
radio
licenses
creates
an
unnecessary
and
irrelevant
connection
between
unrelated
services,”
MISA
stated.

To
ensure
the
broadcasting
sector
thrives
and
upholds
democratic
values,
MISA
called
for
amendments
to
safeguard
editorial
independence,
promote
fairness,
and
increase
transparency.

“Appointments
to
the
BAZ
board
must
be
conducted
transparently
and
publicly,
with
all
qualified
candidates
selected
on
merit,
free
from
political
influence,”
MISA
advised.

While
MISA
criticised
the
potential
for
political
interference,
it
commended
the
deliberate
inclusion
of
gender
balance
in
the
board’s
composition
as
a
progressive
measure.

Additionally,
MISA
welcomed
amendments
allowing
entities,
beyond
individuals,
to
apply
for
broadcasting
licenses,
as
well
as
the
recognition
of
community
radio
stations
and
PWDs
in
programming.

MISA
concluded
that
while
the
Broadcasting
Services
Amendment
Bill
makes
strides
in
promoting
diversity
and
inclusion,
significant
refinements
are
necessary
to
ensure
independence,
transparency,
and
the
sector’s
long-term
development.

“These
improvements
will
help
create
a
broadcasting
system
that
not
only
industrialises
the
sector
but
also
protects
the
rights
and
interests
of
all
stakeholders
in
Zimbabwe,”
MISA
stated.