Justin Baldoni Streisand’s Accusations Against Him By Sending Legal Threat Over ‘Deadpool & Wolverine’ – Above the Law

20th
Century
Fox

There
have
been
very
few
times
I’ve
encountered
something
in
life
that
feels
like
it
was
absolutely
made
specifically
for
me.
The Deadpool movie
series
is
one
of
those
few
things.
For
my
sensibilities,
they’re
just
about
perfect.
And
one
of
my
favorite
aspects
of
the
films
is
the
fourth-wall-breaking
nature
of
the
main
character.
Deadpool
will
often
look
into
the
camera
and
talk
to
the
audience
in
a
way
that
acknowledges
that
he’s
in
a
movie.
Examples
of
this
are
legion:
Deadpool
referring
to
the
X-Men
house
smelling
like
Patrick
Stewart,
complaints
in
movie
about
licensing
restrictions
preventing
cool
cameos
by
other
Marvel
characters,
or
the
narration
in
the
2nd
film’s
opener
about
how
the
entire
movie
was
in
a
fact
a
“family
movie.”

The
point
here
is
that
cultural
references
that
would
normally
have
no
place
in
a
superhero
movie
abound.
Some
of
those
references
even
revolve
around
lead
actor
Ryan
Reynold’s
personal
life.
For
instance,
in Deadpool
&
Wolverine
,
a
multiverse
version
of
Deadpool
that
is
female,
Ladypool,
was
played
by
Reynolds’
wife,
Blake
Lively. Lively
recently
sued
 a
director
and
co-star
of
a
film
she
was
in,
Justin
Baldoni,
and
while
Baldoni
had
threatened
to
sue
her
back,
instead
he… sued
the
NY
Times
 for reporting
on
Lively’s
accusations
.
Lively
sued
over
accusations
of
some
very
gross
workplace
behavior,
among
other
things,
whereas
Baldoni
is
arguing,
um,
that
the
NY
Times
reporting
on
Lively’s
accusations
is
defamation
and…
fraud?

Those
accusations
included,
for
instance,
Baldoni
attempting
to
pressure
Lively
over
her
physique
in
the
movie
shortly
after
she
had
a
child,
sharing
inappropriate
content
with
castmembers,
and
talking
openly
about
sexual
topics.
Baldoni,
meanwhile,
has
been
quite
famous
for
portraying
himself
as
a
really
nice
guy
and
talking
openly
about
how
he’s
a
“feminist.”

What
does
any
of
this
have
to
do
with Deadpool?
Well,
another
multiverse
character
that
shows
up
is
Nicepool,
an
unmasked,
long-haired
version
of
the
titular
character.
And
fans
noticed
some
similarities
to
the
details
surrounding the
accusations
Lively
has
made
against
Baldoni
.


The
particular
moments
in Deadpool
&
Wolverine that
echo
Lively’s
claims
against
Baldoni
include
Nicepool’s
lines
about
Ladypool
“snapping
back”
into
shape
after
having
a
baby
and
following
that
up
with
“It’s
okay,
I
identify
as
a
feminist”—since
Baldoni
touts
his
status
as
a
feminist
in
his
podcast.
A
deleted
scene
in Deadpool
&
Wolverine also
saw
Nicepool
making
reference
to
a
feminist
podcast;
that
latter
scene
in
particular
helped
the
“Baldoni
is
Nicepool?”
theory
go
viral.

And
viral
it
went,
indeed.
Major
entertainment
media
sources
even
picked
this
up
and
ran
with
it.

I
will
make
no
claims
as
to
the
veracity
of
Lively’s
claims
for
the
purposes
of
this
post.
I
will
say
that
every
action
Baldoni
has
taken
since
appears
to
be
designed
to
keep
those
claims
in
the
headlines
for
as
long
and
as
loud
as
possible.
And
the
fact
that,
despite
suggesting
he
would
sue
Lively
directly,
he
hasn’t…
seems
telling.
Also,
suing
the
New
York
Times
for
reporting
on
all
of
this?
That
is
a
very
silly
gambit
unlikely
to
end
in
any
kind
of
victory
for
Baldoni
and
most
certainly
Streisanding
the
attention
on
the
accusations
against
him
through
the
proverbial
roof.

But
Baldoni
wasn’t
done
there.
Once
the
speculation
about
Nicepool
started,
he
fired
off
a
litigation
hold
to
Disney
and
Marvel,
once
again
propelling
all
of
this
back
into
the
news.


According
to Variety,
Baldoni’s
lawyers
are
using
the
accusation
as
grounds
for
issuing
a
litigation
hold
letter
which
calls
on
Disney
and
Marvel
Studios
to
retain
“documents
and
data”
in
regards
to
Baldoni
and
“Nicepool.”


The
litigation
letter
presented
by
Baldoni’s
team
asks
Marvel
and
Disney
to
preserve
“any
and
all
documents
relating
to
the
development
of
the
‘Nicepool’
character”
in
addition
to
“communications
relating
to
the
development,
writing,
and
filming
of
storylines
and
scenes
featuring
‘Nicepool’”
and
“all
documents
relating
to
or
reflecting
a
deliberate
attempt
to
mock,
harass,
ridicule,
intimidate,
or
bully
Baldoni
through
the
character
of
‘Nicepool.’”

It’s
hard
to
see
the
strategy
here.
I
suppose
that
perhaps
there
might
be
some
utility
in
building
towards
a
defamation
and/or
harassment
case
using
whatever
can
be
dug
up
from
Disney
and
Marvel.
But,
frankly,
I
doubt
it
will
be
much.
And
the
content
that
appears
in
the
movie
is
very
much
going
to
be
protected
speech
on
First
Amendment
grounds,
given
its
parody
nature
and
the
extremely
veiled
references
it
makes
(if
it’s
even
making
those
references
at
all).

Using
myself
as
a
convenient
test
case,
I
had
zero
idea
who
Baldoni
was
until
I
caught
wind
of
this
whole
mess
with
Lively,
his
suit
against
the
New
York
Times,
and
most
recently
this
legal
notice
sent
to
Disney
and
Marvel.
Now
I
don’t
know
that
I
could
forget
his
name,
his
image,
nor
the
accusations
leveled
against
him
even
if
I
tried.

So
if
the
impetus
for
all
this
action
by
Baldoni
was
over
anger
at
the
public
nature
of
these
accusations,
well,
it
seems
he
is
working
against
that
purpose
at
the
moment.


Justin
Baldoni
Streisand’s
Accusations
Against
Him
By
Sending
Legal
Threat
Over
‘Deadpool
&
Wolverine’


More
Law-Related
Stories
From
Techdirt:


FTC
Finally
Sues
John
Deere
Over
Years
Of
‘Right
To
Repair’
Abuses


Ninth
Circuit
Reverses
Course,
Says
Oregon’s
Surreptitious
Recording
Law
Is
Constitutional,
Actually


Colorado
Dept.
Of
Corrections
Spends
$500k
On
Body
Cams
Before
Deciding
No
Officers
Need
To
Wear
Them

Justin Baldoni Streisand’s Accusations Against Him By Sending Legal Threat Over ‘Deadpool & Wolverine’ – Above the Law

20th
Century
Fox

There
have
been
very
few
times
I’ve
encountered
something
in
life
that
feels
like
it
was
absolutely
made
specifically
for
me.
The Deadpool movie
series
is
one
of
those
few
things.
For
my
sensibilities,
they’re
just
about
perfect.
And
one
of
my
favorite
aspects
of
the
films
is
the
fourth-wall-breaking
nature
of
the
main
character.
Deadpool
will
often
look
into
the
camera
and
talk
to
the
audience
in
a
way
that
acknowledges
that
he’s
in
a
movie.
Examples
of
this
are
legion:
Deadpool
referring
to
the
X-Men
house
smelling
like
Patrick
Stewart,
complaints
in
movie
about
licensing
restrictions
preventing
cool
cameos
by
other
Marvel
characters,
or
the
narration
in
the
2nd
film’s
opener
about
how
the
entire
movie
was
in
a
fact
a
“family
movie.”

The
point
here
is
that
cultural
references
that
would
normally
have
no
place
in
a
superhero
movie
abound.
Some
of
those
references
even
revolve
around
lead
actor
Ryan
Reynold’s
personal
life.
For
instance,
in Deadpool
&
Wolverine
,
a
multiverse
version
of
Deadpool
that
is
female,
Ladypool,
was
played
by
Reynolds’
wife,
Blake
Lively. Lively
recently
sued
 a
director
and
co-star
of
a
film
she
was
in,
Justin
Baldoni,
and
while
Baldoni
had
threatened
to
sue
her
back,
instead
he… sued
the
NY
Times
 for reporting
on
Lively’s
accusations
.
Lively
sued
over
accusations
of
some
very
gross
workplace
behavior,
among
other
things,
whereas
Baldoni
is
arguing,
um,
that
the
NY
Times
reporting
on
Lively’s
accusations
is
defamation
and…
fraud?

Those
accusations
included,
for
instance,
Baldoni
attempting
to
pressure
Lively
over
her
physique
in
the
movie
shortly
after
she
had
a
child,
sharing
inappropriate
content
with
castmembers,
and
talking
openly
about
sexual
topics.
Baldoni,
meanwhile,
has
been
quite
famous
for
portraying
himself
as
a
really
nice
guy
and
talking
openly
about
how
he’s
a
“feminist.”

What
does
any
of
this
have
to
do
with Deadpool?
Well,
another
multiverse
character
that
shows
up
is
Nicepool,
an
unmasked,
long-haired
version
of
the
titular
character.
And
fans
noticed
some
similarities
to
the
details
surrounding the
accusations
Lively
has
made
against
Baldoni
.


The
particular
moments
in Deadpool
&
Wolverine that
echo
Lively’s
claims
against
Baldoni
include
Nicepool’s
lines
about
Ladypool
“snapping
back”
into
shape
after
having
a
baby
and
following
that
up
with
“It’s
okay,
I
identify
as
a
feminist”—since
Baldoni
touts
his
status
as
a
feminist
in
his
podcast.
A
deleted
scene
in Deadpool
&
Wolverine also
saw
Nicepool
making
reference
to
a
feminist
podcast;
that
latter
scene
in
particular
helped
the
“Baldoni
is
Nicepool?”
theory
go
viral.

And
viral
it
went,
indeed.
Major
entertainment
media
sources
even
picked
this
up
and
ran
with
it.

I
will
make
no
claims
as
to
the
veracity
of
Lively’s
claims
for
the
purposes
of
this
post.
I
will
say
that
every
action
Baldoni
has
taken
since
appears
to
be
designed
to
keep
those
claims
in
the
headlines
for
as
long
and
as
loud
as
possible.
And
the
fact
that,
despite
suggesting
he
would
sue
Lively
directly,
he
hasn’t…
seems
telling.
Also,
suing
the
New
York
Times
for
reporting
on
all
of
this?
That
is
a
very
silly
gambit
unlikely
to
end
in
any
kind
of
victory
for
Baldoni
and
most
certainly
Streisanding
the
attention
on
the
accusations
against
him
through
the
proverbial
roof.

But
Baldoni
wasn’t
done
there.
Once
the
speculation
about
Nicepool
started,
he
fired
off
a
litigation
hold
to
Disney
and
Marvel,
once
again
propelling
all
of
this
back
into
the
news.


According
to Variety,
Baldoni’s
lawyers
are
using
the
accusation
as
grounds
for
issuing
a
litigation
hold
letter
which
calls
on
Disney
and
Marvel
Studios
to
retain
“documents
and
data”
in
regards
to
Baldoni
and
“Nicepool.”


The
litigation
letter
presented
by
Baldoni’s
team
asks
Marvel
and
Disney
to
preserve
“any
and
all
documents
relating
to
the
development
of
the
‘Nicepool’
character”
in
addition
to
“communications
relating
to
the
development,
writing,
and
filming
of
storylines
and
scenes
featuring
‘Nicepool’”
and
“all
documents
relating
to
or
reflecting
a
deliberate
attempt
to
mock,
harass,
ridicule,
intimidate,
or
bully
Baldoni
through
the
character
of
‘Nicepool.’”

It’s
hard
to
see
the
strategy
here.
I
suppose
that
perhaps
there
might
be
some
utility
in
building
towards
a
defamation
and/or
harassment
case
using
whatever
can
be
dug
up
from
Disney
and
Marvel.
But,
frankly,
I
doubt
it
will
be
much.
And
the
content
that
appears
in
the
movie
is
very
much
going
to
be
protected
speech
on
First
Amendment
grounds,
given
its
parody
nature
and
the
extremely
veiled
references
it
makes
(if
it’s
even
making
those
references
at
all).

Using
myself
as
a
convenient
test
case,
I
had
zero
idea
who
Baldoni
was
until
I
caught
wind
of
this
whole
mess
with
Lively,
his
suit
against
the
New
York
Times,
and
most
recently
this
legal
notice
sent
to
Disney
and
Marvel.
Now
I
don’t
know
that
I
could
forget
his
name,
his
image,
nor
the
accusations
leveled
against
him
even
if
I
tried.

So
if
the
impetus
for
all
this
action
by
Baldoni
was
over
anger
at
the
public
nature
of
these
accusations,
well,
it
seems
he
is
working
against
that
purpose
at
the
moment.


Justin
Baldoni
Streisand’s
Accusations
Against
Him
By
Sending
Legal
Threat
Over
‘Deadpool
&
Wolverine’


More
Law-Related
Stories
From
Techdirt:


FTC
Finally
Sues
John
Deere
Over
Years
Of
‘Right
To
Repair’
Abuses


Ninth
Circuit
Reverses
Course,
Says
Oregon’s
Surreptitious
Recording
Law
Is
Constitutional,
Actually


Colorado
Dept.
Of
Corrections
Spends
$500k
On
Body
Cams
Before
Deciding
No
Officers
Need
To
Wear
Them

Morning Docket: 01.17.25 – Above the Law

*
Ethics
rules
limit
aid
L.A.
judges
can
receive
if
victimized
by
wildfires.
Too
bad
they
aren’t
Supreme
Court
justices
so
rich
people
could
buy
them
RVs.
[Bloomberg
Law
News
]

*
Rudy
settlement
lets
him
keep
BOTH
his
Manhattan
and
Florida
homes.
The
message
“everything
works
out
if
you
just
show
utter
contempt
for
the
court
long
enough”
isn’t
ideal.
[Reuters]

*
Legal
trainee
banned
from
practice
after
saying
she
was
taking
a
relative
to
a
hospital
appointment,
while
actually
going
to
court
over
her
refusal
to
demolish
a
compound
she
claimed
God
commanded
her
to
build.[Roll
on
Friday
]

*
Most
lawyers
aren’t
really
using
AI
right
now.
[ABA
Journal
]

*
Another
Biglaw
China
office
closes.
[American
Lawyer
]

*
Amy
Wax
goes
ahead
and

files
her
LOLsuit

against
Penn
alleging
that
it’s
“racial
discrimination”
if
she
can’t
repeatedly
espouse
bigotry
against
Black
and
Asian
people
for
years
but
other
faculty
aren’t
punished
for
talking
about
Gaza
once,
which
seems
a…

curious

reading
of
the
law.
[Daily
Pennsylvanian
]

*
DOJ
takes
$230
million
from
American
Express.
Presumably
payable
in
Travelers’
Checks.
[Law360]

SCOTUSblog Founder Indicted In Wild Poker-Fueled Tax Case – Above the Law

(image
via
Getty)

The
last
time
we
heard
from
SCOTUSblog
co-founder
and
veteran
Supreme
Court
litigator
Tom
Goldstein,
he
was
explaining
why

Donald
Trump
should
be
excused
from
all
his
criminal
cases

because
winning
the
electoral
college
is
basically
the
same
as
a
New
York
state
law
acquittal.
It
seems
as
though
Goldstein
might
have
had
some
extra
motivation
to
curry
favor
with
Trump
now
that
it’s
come
to
light
that
the
federal
government
has
been
looking
into
Goldstein
for
tax
evasion
and
loan
fraud

resulting
in
an
indictment
dropping
this
afternoon
.

Where
to
even
begin
with
this
thing?
It’s
really

like
Rounders
in
reverse

except
Teddy
KGB
has
names
like
“California
Businessman-1”
and
“Law
Firm-2.”

Over
the
course
of
several
years,
the
indictment
says
that
Goldstein
racked
up
big
winnings
and
bigger
losses
in
high-stakes
underground
domestic
and
international
poker
matches.
By
the
time
of
the
alleged
loan
fraud,
the
feds
say
Goldstein
was
around
$16
million
in
the
hole
and
failing
to
disclose
that.
And
while
he
didn’t
report
all
his
gambling
income,
a
good
deal
of
the
tax
problems
revolve
around
using
the
firm,
Goldstein
&
Russell,
as
a
piggy
bank
to
move
money
from
firm
coffers
to
pay
personal
gambling
debts.

And,
just
for
good
measure,
the
indictment
includes
some
extra
personal
and
financial
shenanigans:

Screenshot 2025-01-16 at 6.00.19 PM

Paying
four
affairs
while
working
with
your
wife…
gotta
say
this
has
a
real
“Behind
The
Music”
feel
to
it
and
man
there
are
some
storm
clouds
are
on
the
horizon
here.

Also,
the
infamous
if
apocryphal
Biglaw
memo
where
a
partner
asked
a
young
lawyer
to
write
a
lengthy
memo
of
local
lunch
options
is
now
officially
the
second
most
lawyerly
nonsense
memo
ever:

This
is
the
most
lawyer
shit
ever:
“authored
&
discussed
with
[Professionals]
a
24-page
memorandum
detailing
the
strategy
&
tactics
he
had
devised,
based
on
[opponent’s]
playing
patterns…past
mistakes
when
playing
him,
information
gathered
from
other
poker
players,
&
computer
simulated
practice.”



Joe
Patrice
(@joepatrice.bsky.social)


2025-01-16T22:06:27.429Z

You
can
check
out
my

liveblog
of
my
initial
reading
of
the
indictment
here
.

Across
50
pages,
the
indictment
describes
heads
up
games
in
Macau,
interfirm
deals
to
use
fees
to
offset
debts,
helping
an
actor
get
a
Texas
billionaire
to
pay
up,
using
a
litigation
funder
to
cover
losses,
and
crossing
the
border
with
a
duffel
bag
filled
with
$968,000.

And
here
we
thought

writing
comical
letters
to
porn
stars
threatening
to
sue
was
Goldstein’s
wild
side
.


(Check
out
the
whole
indictment

on
the
next
page
…)




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 or

Bluesky

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
.

Supreme Court Justice Doubtful People Are Going To Pornhub For The Articles – Above the Law



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


During
yesterday’s
oral
arguments
in

Free
Speech
Coalition
v.
Paxton
,
which
will
determine
the
constitutionality
of
a
Texas
law
that
requires
age
verification
before
accessing
sexually
explicit
material
online,
which
Supreme
Court
justice
wondered
if
Pornhub
was
“like
the
old
Playboy
magazine,”
asking,
“You
have
essays
there
by
the
modern-day
equivalent
of
Gore
Vidal
and
William
F.
Buckley
Jr.?”


Hint:
Derek
Shaffer, attorney
for
the
Free
Speech
Coalition
,
conceded
the
site
does
not
have
the
kind
of
navel
gazing
think
pieces
the
justice
seems
to
recall,
but
noted
there
are
“sexual
wellness
posts
about
women
recovering
from
hysterectomies
and
how
they
can
enjoy
sex.”



See
the
answer
on
the
next
page.

Exclusive: LexCheck Unveils AI-Powered Tool for Analyzing Complex Agreements and Auto-Generating Custom Playbooks; Opens Waitlist for Free Access


LexCheck
,
a
legal
technology
company
specializing
in
contract
review,
is
launching
a
new
AI-powered
contract
analysis
tool
that
aims
to
solve
two
persistent
challenges
in
contract
technology:
the
ability
to
handle
complex
agreements
beyond
routine
contracts
such
as
NDAs,
and
the
creation
and
maintenance
of
contract
playbooks.

The
company’s
new
product,
LexCheck
Insights,
combines
know-how
from
its
legacy
product
with
cutting-edge
AI
techniques
to
review
and
redline
contracts
of
any
length
and
complexity
and
automatically
generate
contract
playbooks.

It
differentiates
itself
from
other
AI
contract
review
products
by
combining
traditional
natural
language
processing
with
advanced
large
language
models
(LLMs)
to
analyze
contracts
of
any
length
and
complexity,
while
also
offering
the
ability
to
automatically
generate
customized
playbooks
from
existing
agreements.



Learn
more
about
LexCheck
in
the

LawNext
Legal
Technology
Directory
.

The
product,
which
integrates
with
Microsoft
Word,
uses
a
hybrid
approach
that
first
breaks
down
contracts
into
their
component
parts
using
traditional
natural
language
processing,
then
analyzes
those
components
using
LLMs.

This
methodology
allows
the
system
to
handle
longer
and
more
complex
agreements
that
have
traditionally
proven
challenging
for
AI-based
contract
analysis
tools,
the
company
says.

“The
dirty
secret
of
contract
tech
is
that
nothing
is
that
good
beyond
NDAs,”
said

Gurinder
Sangha
,
LexCheck’s
founder,
during
an
exclusive
product
demonstration.
“If
you
see
any
demo,
it’s
going
to
be
on
an
NDA.
If
you
see
any
live
demo,
it’s
an
NDA.
You
rarely
see
anyone
trying
to
pitch
something
on
a
more
complex
document.”


By
contrast,
he
said,
LexCheck
Insights
is
built
to
handle
a
wide
variety
of
contract
types

from
routine
NDAs
and
MSAs
to
highly
intricate
agreements

with
high
degrees
of
accuracy
and
speed.


‘Playbooking
As
A
Service’

A
key
feature
of
the
new
product
is
its
ability
to
dynamically
generate
contract
negotiation
playbooks.
Users
can
upload
their
preferred
contract
templates
or
previously
negotiated
agreements
they’re
satisfied
with,
and
the
system
automatically
creates
a
playbook
within
moments.

Sangha
said
that
this
represents
a
significant
departure
from
traditional
playbook
creation,
which
typically
requires
weeks
of
manual
work
and
consultation.

“What
this
means
is
you
now
almost
have
‘playbooking
as
a
service,’”
Sangha
said.
“You
literally
can
now
create
unlimited
playbooks
that
are
very
dynamic
and
custom
to
the
situation,
which
you
could
never
do
in
the
past
because
it
was
so
onerous
to
even
build
that
document.”

The
system
makes
it
easy
for
users
to
create
multiple
playbooks
for
different
situations

such
as
separate
playbooks
for
different
contract
types,
geographic
regions
or
client
types.
Playbooks
can
be
continuously
refined
and
updated
as
users
encounter
new
preferred
language
during
contract
negotiations.


When
analyzing
contracts,
the
system
presents
deviations
from
the
playbook
in
a
clean
interface
that
allows
users
to
quickly
navigate
between
issues.
For
each
deviation,
the
system
provides
an
explanation
of
why
it
flags
the
issue
as
problematic,
generated
by
its
AI
engine.
Users
can
choose
to
accept
the
original
language,
insert
their
preferred
language
from
their
playbook,
or
generate
new
suggested
language
using
the
AI.


Waitlist
for
Free
Access

The
product
has
been
in
a
soft
launch
with
select
customers
for
several
months
and,
as
of
today,
is
now
making
its
official
launch
and
opening
a
waitlist
for
free
access.

Unlike
some
competitors
in
the
contract
analysis
space,
LexCheck
has
chosen
to
focus
solely
on
core
contract
analysis
functionality
rather
than
adding
additional
features
like
contract
summarization
or
proofreading
tools.

“We
took
the
view
that
we’re
just
going
to
live
and
die
by
the
AI
engine,”
Sangha
said.
“Our
AI
engine
is
just
better
than
anything
else
out
there.
We
also
want
to
get
the
user
in
and
out
of
the
software
as
quickly
as
possible.
We
don’t
want
the
user
to
live
within
our
product.
We
want
to
get
it
in
and
out
and
get
their
job
done.”

While
the
system
can
automatically
generate
redlines
for
any
agreement,
it
is
designed
to
give
users
more
control
when
working
with
complex
documents,
allowing
them
to
review
and
approve
changes
individually.
This
approach
recognizes
that
even
with
sophisticated
AI
assistance,
contract
negotiation
still
requires
human
judgment
and
discretion.

“This
is
not
going
to
replace
anybody,”
Sangha
noted.
“It’s
just
going
to,
if
you
want
to
be
faster,
it
can
make
you
faster.
If
you
want
to
be
more
accurate
and
not
miss
things,
it’ll
help
you
not
miss
things.
Or
ideally
both.”

LexCheck
is
offering
free
access
to
LexCheck
Insights
on
a
limited
basis.
Anyone
interested
can
visit

www.lexcheck.com

to
join
the
waitlist.

Valuable Source Of Business Or Dreaded Obligation? Share Your Take On Trade Shows – Above the Law

What’s
your
take
on
legal
trade
shows?
Are
they
an
important
way
to
learn
about
the
latest
trends? 


A
valued
opportunity
to
meet
potential
clients? 


Or
an
exhausting
blur
of
tech
talk
and
marketing
speak
that
leaves
you
with
little
but
an
expense
report
and
a
headache?


Whether
you
regularly
attend
trade
shows
or
avoid
them
like
the
plague,
we
want
to
know
what
you
think.
Please
take
our



brief,
anonymous
survey


to
share
your
views. 


button_take-the-survey

Counsel Often Wind Up In ‘No Man’s Or Woman’s Land’ When It Comes To Compensation – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


You
have
associates
making
almost
$500,000,
so
in
a
sense,
[counsel]
get
squeezed
by
firms
because
the
firms
feel
like,
‘What
options
do
we
have?’
Generally
speaking,
they’re
less
likely
to
have
business
than
someone
who
has
a
partner
designation,
so
that
makes
their
ability
to
move
more
challenging.
They’re
more
senior
so
they
can’t
slot
into
the
associate
world
at
all.
So
it
has
to
be
a
firm
looking
for
someone
with
their
particular
expertise,
and
it’s
just
gotten
to
be
more
challenging
as
the
years
have
gone
by.




Jeff
Lowe,
senior
managing
partner
and
market
president
for
CenterPeak,
a
Washington,
D.C.,
consulting
firm,
in
comments
given
to
the

American
Lawyer
,
on
the
“no
man’s
or
no
woman’s
land”
counsel
often
find
themselves
when
it
comes
to
their
compensation
in
comparison
to
associates
working
at
firms
with
lockstep
pay
models.



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.

Amy Wax Plots Racial Discrimination Suit Unless Penn Forgives Her For Denigrating Students, Bringing White Supremacists To Class – Above the Law

Amy
Wax

In
September,
Penn
Law’s
Amy
Wax
received

a
tepid
slap
on
the
wrist

from
the
University
following
years
of
racist
antics.
Wax
repeatedly
disgraced
the
University,
from

writing
racist
opinion
columns

and
telling
the
school
paper
that
when
it
comes
to
“white”
culture,

“I
don’t
shrink
from
the
word,
‘superior’”

to
publicly
insulting
Black
Penn
students

without
evidence

claiming
that,
as
an
ethnicity,
they

“rarely”
graduate
in
the
top
half
of
the
law
school
class

to
bringing

recognized
white
nationalist
figures
to
campus
.

Through
it
all,
Wax

draped
herself
in
“academic
freedom”

and
managed
to
hold
the
school
at
bay
for
a
lot
longer
than
you’d
have
thought
considering
her
“academic”
work
amounted
to

citing
Wikipedia

to
spout
off
in
newspapers
and
webcasts
rather
than
submit
any
scholarship
to
scrutiny.
Finally
though,
the
school
had
enough
and
sanctioned
her
to
one
year
at
half
pay
and
no
summer
pay,
a
public
reprimand,
the
loss
of
her
named
chair,
and
a
requirement
that
she
must
always
clarify
that
she’s
not
speaking
for
or
as
a
member
of
Penn
Law.

But
MAGA
means
never
saying
you’re
sorry
and
that
the
only
racism
that
counts
is
“racism”
against
white
people
so
Wax
is
planning
to
sue
the
school
for
“racial
discrimination”
unless
it
drops
the
sanctions
and
lets
her
get
back
to
using
her
position
to

explain
that
the
country
needs
“fewer
Asians.”


From
the
Daily
Pennsylvanian
:

In
letter to
Interim
Penn
President
Larry
Jameson
and
the
University
Board
of
Trustees,
Wax’s
lawyers
argued
that
the
University’s
speech
policies
are
“inconsistent”
and
violate
Titles
VI
and
VII
of
the Civil
Rights
Act
of
1964
.
These
titles
prohibit
discrimination
and
employment
discrimination
based
on
race,
color,
religion,
sex,
and
national
origin.
The
lawyers
also
cited
a
federal
code
prohibiting
racial
discrimination.
Furthermore,
they
claimed
that
the
policies
breach
Pennsylvania
contract
law,
noting
that
Wax’s
contract
with
the
University
includes
provisions
safeguarding
free
speech.

It
remains
confusing
how
Wax
finances
her
attorneys,
since
she’s
said
in
the
past
that
donations
to
her
legal
defense
are
tax
deductible
which

would
seem
contrary
to
federal
tax
laws

that
prohibit
entities
set
up
to
benefit
a
private
individual
from
claiming
tax
deductible
status.
But
maybe
she
paid
taxes
on
the
money
she
raised
on
the
back
end.

In
any
event,
her
legal
counsel
cites
a
number
of
potentially
inflammatory
statements
from
other
faculty
members
who
were
not
punished
the
same
way,
implying
a
selective
and
discriminatory
process.
For
example,
the
letter
cited
a
faculty
member
for
drawing
a
cartoon
that
Wax’s
counsel
say
depicts
blood
libel
with
three
men
drinking
blood
from
glasses
marked
“Gaza”
while
they
call
a
peace
dove
an
anti-Semite.
The
letter
notes:

You,
President
Jameson,
issued
a
statement
condemning
this
cartoon,
but
lecturer
Booth
has
to
date
received
no
official
sanctions
as
levied
against
Professor
Wax.
In
fact,
the
Jameson
Statement
(available
at

https://penntoday.upenn.edu/announcements/statement-political-cartoons-j-larry-jameson-interim-president-university
)
implied
that
Penn’s
“bedrock
commitment
to
open
expression
and
academic
freedom”
required
that
Penn
impose
no
sanction
against
Booth
because
Booth
and
other
speakers
with
his
views
have
the
“right
and
ability

to
express
their
views,
however
loathsome
we
find
them.”

If
anything,
this
proves
how

consistent

the
school’s
disciplinary
process
is.
Wax
wrote
her
article
about
white
culture
being
superior
in
2017.
She
made
up
her
unfounded
attack
on
Black
students
in
2018.
She
was
publicly
citing
Wikipedia
in
2019.
Amy
Wax
had

at
least

an
eight-year
runway
before
the
school
took
even
modest
disciplinary
action
(she
was
taken
off
the
1L
teaching
rotation
in
2018…
which
seems
more
like
a
reward).

The
school
didn’t
publicly
discipline
a
professor
over
a
single
incident?
When
it’s
a
political
cartoon
and
not,
for
example,
a
false
claim
about
student
academic
records?
No
kidding!

The
crux
of
Wax’s
reasoning
is
that
the
school’s
stated
commitment
to
expression
of
“loathsome”
ideas
should
apply
her
behavior
like
apples
apply
to
oranges.
If
Wax
limited
herself
to
penning
articles
endorsing
mass
deportation
she’d
get
properly
roasted
by
the
critics
and
probably
denounced
in
the
same
way
the
cartoonist
was,
but
she’d
fall
within
the
broad
confines
of
academic
freedom.
Telling
the
world
that
you
don’t
think
a
specific
racial
category
of
students
are
smart
enough
for
law
school
is
not,
on
the
other
hand,
remotely
passable
as
a
scholarly
commentary
on
geopolitics.

But
worse
than
being
merely
inconsistent,
the
University’s
speech
policies—including
its
actions
against
Professor
Wax—transparently
discriminate
on
the
basis
of
race,
including
most
notably
the
race
of
the
subject
of
the
speech
at
issue.
As
such,
they
violate
federal
law’s
various
prohibitions
against
race-based
discrimination,
including
Titles
VI
and
VII
and
42
U.S.C.
§
1981.

It’s
discrimination
based
on
“the
race
of
the
subject
of
the
speech
at
issue.”
Denigrating
minority
students

should
be
protected
by
anti-discrimination
laws

because
the
school
didn’t
punish
OTHER
instances
of
discrimination
is
a
true
Galaxy
Brain
take.
If
anything,
this
suggests
the
school
should
punish
more
people,
not
that
Wax
shouldn’t
get
punished.

In
addition,
the
University’s
content-based
discrimination
against
the
speech
that
is
at
issue
here
violates
the
University’s
contractual
promise
to
Professor
Wax
(and
all
other
tenured
professors)
to
abide
by
First
Amendment
principles.

Yeah,
the
First
Amendment
doesn’t
really
get
people
out
of
hostile
work
environment
allegations.
“Look,
I
was
just
kidding
about
that
slur”
might
be
protected
from
prosecution,
but
you’re
still
going
to
get
written
up.

And
the
procedures
that
the
University
employed
to
determine
that
discipline
was
warranted
were
also
gravely
flawed
and
violated
the
contractual
tenure
protections
of
basic
due
process
and
fundamental
fairness
that
Professor
Wax
enjoys.
The
procedures
further
contravened
the
Americans
with
Disabilities
Act,
since
they
failed
to
accommodate
Professor
Wax’s
then-ongoing
cancer
treatments
adequately
(or
even
minimally).

From
the
outside,
it’s
hard
to
assess
the
extent
of
accommodations
provided
to
Wax.
But
the
process
was
quite
slow.

It’s
hard
to
believe
there’s
a
serious
claim
for
racial
discrimination
in
here.
On
the
other
hand,
by
tying
her
case
to
high-profile
statements
made
about
the
Gaza
war
and
the
UnitedHealthcare
CEO
killing,
Wax
sets
the
stage
for
a
cable
news
tour
decrying
the
campus
free
speech
“crisis”
that
outlets
love
to
hype.
They
had
a
field
day
getting
university
presidents

including
Penn’s

tossed.
This
seems
like
the
sort
of
manifesto
they
could
build
a
segment
around.

Of
course,
maybe
this
is
the
prelude
to
a
real
claim
that
we’ll
see
as
soon
as
the
school
tells
her
to
pound
sand.
But
generally
never
underestimate
a
publicity
hound’s
nose
for
publicity.


Penn
Carey
Law
professor
Amy
Wax
threatens
to
sue
University
on
basis
of
racial
discrimination

[Daily
Pennsylvanian]


Earlier
:

Amy
Wax
Sanctioned
But
Keeps
Her
Job,
Tenure,
Confidence
That
School
Can’t
Do
Anything
More


The
Amy
Wax
Case
Has
Nothing
To
Do
With
Academic
Freedom


Professor
Declares
Black
Students
‘Rarely’
Graduate
In
The
Top
Half
Of
Law
School
Class


Law
Professors
Say
White
’50s
Culture
Is
Superior,
Other
Racist
Stuff


Amy
Wax
Moves
To
Dismiss
Disciplinary
Action,
Still
Raising
Legal
Defense
Funds
That
She
Claims
Are
Tax-Deductible


Amy
Wax
Says
Her
Legal
Defense
Fund
Is
A
501(c)(3)
Charity
And
That
Seems…
Odd


Law
School
Professor
Amy
Wax
Cites
Wikipedia
And
We
Need
To
Stop
Pretending
Tenure
Was
Made
For
This


If
You’re
Just
Finding
Out
Amy
Wax
Invited
A
White
Supremacist
To
Her
Class,
There’s
So,
So
Much
More!




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Patrice
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