Rudy Giuiliani Asks Court To Hold Off On Collecting Judgments Against Him Because It Might Embarrass Donald Trump – Above the Law

(Photo
by
Drew
Angerer/Getty
Images)

For
someone
who
was
recently
disbarred,
Rudy
Giuliani
sure
does
spend
a
lot
of
time
in
court.
Unfortunately
for
him,
it’s
mostly
as
a
defendant,
since
he’s
being
sued
for
his
antics
in
the
last
election
by
Dominion
Voting
Systems,
its
competitor
Smartmatic,
and
Ruby
Freeman
and
Shaye
Moss,
the
Atlanta
poll
workers
he
defamed.

In
2023,
his
years-long
refusal
to
cooperate
with
discovery
in
the
Freeman/Moss
suit
resulted
in
a

default
judgment

against
him,
followed
by
a
$148
million
jury
verdict.
America’s
Mayor
appealed
to
the
DC
Circuit,
while
simultaneously
filing
for
bankruptcy
in
New
York.
It
does
not
seem
to
have
occurred
to
him
that
the
automatic
stay
under
Chapter
11
would
halt
his
appeal,
along
with
the
plaintiffs’
collection
efforts.

After
spending
the
summer
trying
and
failing
to
convince
US
Bankruptcy
Judge
Sean
Lane
to
un-stay
the
appeal,
he

flunked
out

of
bankruptcy
court
with
nothing
to
show
for
it
but
hundreds
of
thousands
of
dollars
of
legal
and
administrative
fees.

Now
he’s
back
before
the
DC
Circuit,
where
he
hopes
to
convince
Judges
Millet,
Pillard,
and
Pan
that
Judge
Beryl
Howell,
who
presided
over
his
trial,
doesn’t
know
how
to
law
good.
His

argument

appears
to
be
that
there
was
no
actual
malice
in
his
continued
repetition
of
the
lies
about
the
plaintiffs,
even
after
Georgia
election
officials
told
him
he
was
wrong,
because
those
officials

all
of
whom
were
Republicans,
BTW

were
“biased.”

Defendant
had
no
obligation
to
accept
the
denials
of
the
biased
Georgia
officials.
At
the
time
the
officials
denied
election
misconduct,
Georgia
had
already
certified
the
election
results
in
favor
of
Biden.
Georgia
officials
had
an
obvious
motive
to
make
statements
that
supported
the
prior
institutional
determination
that
election
fraud
had
not
occurred.

Meanwhile
in
the
Southern
District
of
New
York,
Giuliani
is
contorting
himself
like
a
circus
clown
to
stop
Freeman
and
Moss
from
seizing
everything
but
his
toenail
clippings
to
satisfy
their
judgment.

He
wants
to
claim
the
homestead
exception
for
his
condo
in
Florida,
despite

the
fact

that
he
testified
in
the
bankruptcy
case
that
he
spends
70-80
percent
of
his
time
in
New
York,
his
bank
statements
all
list
his
New
York
address,
and
the
majority
of
his
podcasts
are
beamed
out
of
his
New
York
condo.

He
tried
to
sell
the
New
York
condo,
knocking
down
the
price
by
$525,000,
until
the
judge

ordered

him
to
knock
it
off
and
quit
moving
assets
around.

His
son,
Andrew
Giuliani,
filed
an

intervenor
motion

claiming
that
his
dad
gifted
him
his
four
World
Series
rings
in
2018,
and
Rudy
borrowed
back
the
one
from
2000’s
“Subway
Series”
against
the
New
York
Mets,
so
Freeman
and
Moss
should
not
be
able
to
seize
any
of
them.

And
Rudy

says

that
many
of
his
possessions
are
priceless,
even

irreplaceable
,
so
the
court
should
just
put
them
under
the
control
of
the
receiver
who
will
release
them
once
Rudy
wins
his
appeal
at
the
DC
Circuit:

[S]ome
of
the
property
can
be
characterized
as
“collectibles.”
This
sub-category
includes,
for
example,
sports
memorabilia,
as
well
as
a
1980
Mercedes
automobile,
previously
owned
by
Lauren
Bacall.
Again,
sports
memorabilia
and
a
classic
car
can
be
priced
and
sold,
but
restitution
in
money
would
not
make
Defendant
truly
whole.
Again,
Defendant
asks
the
Court
to
couple
a
turnover/receivership
order
with
an
order
that
a
receiver
hold
the
property
at
issue,
but
not
sell
it
until
after
the
D.C.
Circuit
rules
on
Defendant’s
expedited
appeal.

Lauren
Bacall’s
Merc!

But
Rudy’s
lawyer
Ken
Caruso
saved
his

best
material

for
Donald
Trump.
Specifically,
he
wants
to
make
sure
that
Freeman
and
Moss
aren’t
allowed
to
embarrass
the
former
president
before
the
2024
election
by
dunning
him
for
the
legal
work
he
stiffed
Rudy
on
four
years
ago
as
he
tried
to
overturn
the
2020
election.

The
Court,
in
its
discretion,
should
postpone
a
turnover
of
this
claim
until
November
6,
2024,
the
day
after
Election
Day.
Otherwise,
Plaintiffs
will
or
may
use
this
assignment
for
an
improper,
political
(or,
at
least,
collateral)
purpose,
creating
the
confusing,
and
inaccurate,
appearance
that
Defendant
is
now
somehow
suing
candidate
Trump,
thereby
generating
an
accompanying,
and
unnecessary,
media
frenzy.
Plainly,
the
value
of
this
claim
will
not
depreciate
between
now
and
November
6,
2024.

It’s
not
clear
whether
this
is
a
cognizable
ground
for
Judge
Lewis
Liman
to
delay
ruling
on
the
motion.
But
it
is
very
funny,
particularly
in
light
of
Trump’s
apparent
admission
that
he
viewed
the
fee
as
contingent.
According
to
Special
Counsel
Jack
Smith’s
latest

filing

in
the
Trump
election
interference
case:


[White
House
lawyer
Eric
Herschmann]
repeatedly
gave
the
defendant
his
honest
assessment
that
[Giuliani]
could
not
mount
successful
legal
challenges
to
the
election.
For
instance,
when
the
defendant
told
that
he
was
going
to
put
[Giuliani]
in
charge
of
the
Campaign’s
legal
efforts
but
pay
him
only
if
he
succeeded,

[Herschmann]
told
the
defendant
he
would
never
have
to
pay
[Giuliani]
anything;
in
response,
the
defendant
laughed
and
said,
“we’ll
see.”

Indeed,
Rudy
was
not
successful.
But
perhaps
he’ll
get
a
mulligan
in
a
month.

Put
him
in,
Coach!
He’s
ready
to
play!
*

Plus
he
really
needs
the
money.

*Offer
not
available
in
actual
courts
of
law.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Rudy Giuiliani Asks Court To Hold Off On Collecting Judgments Against Him Because It Might Embarrass Donald Trump – Above the Law

(Photo
by
Drew
Angerer/Getty
Images)

For
someone
who
was
recently
disbarred,
Rudy
Giuliani
sure
does
spend
a
lot
of
time
in
court.
Unfortunately
for
him,
it’s
mostly
as
a
defendant,
since
he’s
being
sued
for
his
antics
in
the
last
election
by
Dominion
Voting
Systems,
its
competitor
Smartmatic,
and
Ruby
Freeman
and
Shaye
Moss,
the
Atlanta
poll
workers
he
defamed.

In
2023,
his
years-long
refusal
to
cooperate
with
discovery
in
the
Freeman/Moss
suit
resulted
in
a

default
judgment

against
him,
followed
by
a
$148
million
jury
verdict.
America’s
Mayor
appealed
to
the
DC
Circuit,
while
simultaneously
filing
for
bankruptcy
in
New
York.
It
does
not
seem
to
have
occurred
to
him
that
the
automatic
stay
under
Chapter
11
would
halt
his
appeal,
along
with
the
plaintiffs’
collection
efforts.

After
spending
the
summer
trying
and
failing
to
convince
US
Bankruptcy
Judge
Sean
Lane
to
un-stay
the
appeal,
he

flunked
out

of
bankruptcy
court
with
nothing
to
show
for
it
but
hundreds
of
thousands
of
dollars
of
legal
and
administrative
fees.

Now
he’s
back
before
the
DC
Circuit,
where
he
hopes
to
convince
Judges
Millet,
Pillard,
and
Pan
that
Judge
Beryl
Howell,
who
presided
over
his
trial,
doesn’t
know
how
to
law
good.
His

argument

appears
to
be
that
there
was
no
actual
malice
in
his
continued
repetition
of
the
lies
about
the
plaintiffs,
even
after
Georgia
election
officials
told
him
he
was
wrong,
because
those
officials

all
of
whom
were
Republicans,
BTW

were
“biased.”

Defendant
had
no
obligation
to
accept
the
denials
of
the
biased
Georgia
officials.
At
the
time
the
officials
denied
election
misconduct,
Georgia
had
already
certified
the
election
results
in
favor
of
Biden.
Georgia
officials
had
an
obvious
motive
to
make
statements
that
supported
the
prior
institutional
determination
that
election
fraud
had
not
occurred.

Meanwhile
in
the
Southern
District
of
New
York,
Giuliani
is
contorting
himself
like
a
circus
clown
to
stop
Freeman
and
Moss
from
seizing
everything
but
his
toenail
clippings
to
satisfy
their
judgment.

He
wants
to
claim
the
homestead
exception
for
his
condo
in
Florida,
despite

the
fact

that
he
testified
in
the
bankruptcy
case
that
he
spends
70-80
percent
of
his
time
in
New
York,
his
bank
statements
all
list
his
New
York
address,
and
the
majority
of
his
podcasts
are
beamed
out
of
his
New
York
condo.

He
tried
to
sell
the
New
York
condo,
knocking
down
the
price
by
$525,000,
until
the
judge

ordered

him
to
knock
it
off
and
quit
moving
assets
around.

His
son,
Andrew
Giuliani,
filed
an

intervenor
motion

claiming
that
his
dad
gifted
him
his
four
World
Series
rings
in
2018,
and
Rudy
borrowed
back
the
one
from
2000’s
“Subway
Series”
against
the
New
York
Mets,
so
Freeman
and
Moss
should
not
be
able
to
seize
any
of
them.

And
Rudy

says

that
many
of
his
possessions
are
priceless,
even

irreplaceable
,
so
the
court
should
just
put
them
under
the
control
of
the
receiver
who
will
release
them
once
Rudy
wins
his
appeal
at
the
DC
Circuit:

[S]ome
of
the
property
can
be
characterized
as
“collectibles.”
This
sub-category
includes,
for
example,
sports
memorabilia,
as
well
as
a
1980
Mercedes
automobile,
previously
owned
by
Lauren
Bacall.
Again,
sports
memorabilia
and
a
classic
car
can
be
priced
and
sold,
but
restitution
in
money
would
not
make
Defendant
truly
whole.
Again,
Defendant
asks
the
Court
to
couple
a
turnover/receivership
order
with
an
order
that
a
receiver
hold
the
property
at
issue,
but
not
sell
it
until
after
the
D.C.
Circuit
rules
on
Defendant’s
expedited
appeal.

Lauren
Bacall’s
Merc!

But
Rudy’s
lawyer
Ken
Caruso
saved
his

best
material

for
Donald
Trump.
Specifically,
he
wants
to
make
sure
that
Freeman
and
Moss
aren’t
allowed
to
embarrass
the
former
president
before
the
2024
election
by
dunning
him
for
the
legal
work
he
stiffed
Rudy
on
four
years
ago
as
he
tried
to
overturn
the
2020
election.

The
Court,
in
its
discretion,
should
postpone
a
turnover
of
this
claim
until
November
6,
2024,
the
day
after
Election
Day.
Otherwise,
Plaintiffs
will
or
may
use
this
assignment
for
an
improper,
political
(or,
at
least,
collateral)
purpose,
creating
the
confusing,
and
inaccurate,
appearance
that
Defendant
is
now
somehow
suing
candidate
Trump,
thereby
generating
an
accompanying,
and
unnecessary,
media
frenzy.
Plainly,
the
value
of
this
claim
will
not
depreciate
between
now
and
November
6,
2024.

It’s
not
clear
whether
this
is
a
cognizable
ground
for
Judge
Lewis
Liman
to
delay
ruling
on
the
motion.
But
it
is
very
funny,
particularly
in
light
of
Trump’s
apparent
admission
that
he
viewed
the
fee
as
contingent.
According
to
Special
Counsel
Jack
Smith’s
latest

filing

in
the
Trump
election
interference
case:


[White
House
lawyer
Eric
Herschmann]
repeatedly
gave
the
defendant
his
honest
assessment
that
[Giuliani]
could
not
mount
successful
legal
challenges
to
the
election.
For
instance,
when
the
defendant
told
that
he
was
going
to
put
[Giuliani]
in
charge
of
the
Campaign’s
legal
efforts
but
pay
him
only
if
he
succeeded,

[Herschmann]
told
the
defendant
he
would
never
have
to
pay
[Giuliani]
anything;
in
response,
the
defendant
laughed
and
said,
“we’ll
see.”

Indeed,
Rudy
was
not
successful.
But
perhaps
he’ll
get
a
mulligan
in
a
month.

Put
him
in,
Coach!
He’s
ready
to
play!
*

Plus
he
really
needs
the
money.

*Offer
not
available
in
actual
courts
of
law.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Twitter Access Back In Brazil After Elon Caved And Paid $5M – Above the Law

The
face
of
walking
with
his
tail
between
his
legs.
(Photo
by
Apu
Gomes/Getty
Images)

If
you
let
Elon
Musk
tell
it,
he’s
a
free
speech
absolutist

who
cannot
be
threatened
with
money
or
forced
to
submit
to
anyone’s
whims
.
If
you
look
at
concrete
actions,
you’d
see
that
Twitter

has
been
far
more
acquiescent
to
government
takedown
requests
.
A
counterpoint
could
be
that
he
stood
on
principle
and
refused
to
appoint
a
legal
representative
to
Brazil
and
pay
a
~$5
million
dollar
fine
even
if
it
meant
losing
~20M
potential
customers.
Well,
Twitter
is
currently
in
a
position
to
recoup
that
audience,
and
you’ll
never
guess
what
happened.

BBC

has
coverage:

Brazil’s
Supreme
Court
has
said
it
is
lifting
a
ban
on
the
social
media
platform
X,
formerly
known
as
Twitter.

In
his
decision,
Justice
Alexandre
de
Moraes
said
that
he
authorised
the
“immediate
return”
of
X’s
activities
in
the
country
after
it
paid
hefty
fines
and
blocked
accounts
accused
of
spreading
misinformation.

According
to
a
statement,
the
site
has
paid
fines
totalling
28
million
reais
($5.1m;
£3.8m)
and
agreed
to
appoint
a
local
representative,
as
required
by
Brazilian
law.

All
that
grandstanding
just
to
cave
to
the
judge’s
(quite
reasonable)
demands?
He
should
have
skipped
the
foreplay
and
just
did
what
the
court
demanded
last
month!
Since
then,

millions
of
Brazilians
have
migrated
to
other
social
media
platforms
like
Threads
and
Bluesky
.
Will
they
abandon
the
internet
community
they’ve
built
up
over
the
month
to
go
back
to
the
bird
app?
Only
time
will
tell.

For
those
who
do
return,
Welcome
back
to
Twitter,
Brazil!
You
have
a
lot
of
catching
up
to
do!


Brazil
Lifts
Ban
On
Musk’s
X
After
It
Pays
$5m
Fine

[BBC]


Earlier
:

Elon
Musk
Would
Rather
Have
Twitter
Shut
Down
Than
Take
The
Smallest
Amount
Of
Responsibility



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.

Judge Decides To Just Make Up The Rules As She Goes Along – Above the Law

Kathryn
Mizelle
was
rated
unqualified
by
the
ABA
and
it
shows.
The
Trump
appointee
just
took
it
upon
herself
to

rewrite
the
law

despite
acknowledging
that
higher
courts
have
explicitly
declined
to
do
so.
But
she’s
a
very
special
snowflake
apparently.
Law
school
rankings
are

primed
for
a
major
shuffle

if
we’re
to
believe
the
available
data.
And…

why
do
we
need
a
new
Matlock?

The Fifth Circuit’s Jurisprudence Is Too Far Right Even For This Supreme Court – Above the Law

(Photo
by:
HUM
Images/Universal
Images
Group
via
Getty
Images)

Pretty
much
everyone
knows

the
jurisprudence

coming
out
of
the
Fifth
Circuit
is

an
outlier

from
the
rest
of
the
federal
judiciary.
So
much
so
that
even
the
right-leaning
Supreme
Court

has
no
problem
overturning
the
circuit.

Like,
on
the
regular.
Whether
it’s
the
lack
of
understanding
of
basic
legal
concepts

like,
you
know,
standing,

or
their

“overly
cramped
view”
of
precedent
,
they’ve
been
overturned
a
lot
recently.

And
reading
the
SCOTUS
tea
leaves
seems
to
indicate
it’ll
happen
again.

Yesterday,
the
Supreme
Court

heard
oral
arguments

in


Garland
v.
VanDerStok
.
The
case
is
about
whether
“ghost
guns,”
that
is,
weapons
that
are
sold
in
kits
to
be
assembled
by
the
purchaser,
are
exempt
from
federal
gun
regulations
requiring
background
checks
when
purchasing
firearms
and
serial
numbers
on
said
firearms.

And
it
sure
looks
like
the
Fifth
Circuit
is
going
to
be
overturned
by
the
Supreme
Court.
Again.

From
jump,
gun
control
advocates
seemed
to
have
the
upper
hand
in
this
particular
case.
As

reported
by

SCOTUSblog:

A
group
of
challengers
that
included
two
individual
gun
owners
and
a
gun-rights
advocacy
group
went
to
federal
court
in
Texas,
seeking
to
block
the
ATF
from
enforcing
the
rule.
U.S.
District
Judge
Reed
O’Connor
agreed
with
them
and
barred
the
agency
from
applying
the
rule
anywhere
in
the
United
States,
and
the
conservative
U.S.
Court
of
Appeals
for
the
5th
Circuit
largely
upheld
that
decision.

But
after
O’Connor
issued
his
order,
the
Biden
administration
came
to
the
Supreme
Court,
asking
the
justices
for
permission
to
enforce
the
rule
while
it
appealed.
By
a
vote
of
5-4,
with
Justices
Clarence
Thomas,
Samuel
Alito,
Neil
Gorsuch,
and
Brett
Kavanaugh
indicating
that
they
would
have
denied
the
request,
the
Supreme
Court
allowed
the
rule
to
remain
in
place.

So
either
Chief
Justice
John
Roberts
or
Justice
Amy
Coney
Barrett
need
to
flip
their
votes
to
uphold
the
Fifth
Circuit
(given
the
history
of
their
votes
on
gun
regulations,
let’s

accurately

assume
the
three
justices
appointed
by
Democrats
are
going
to
be
in
favor
of
the
Biden
administration’s
regulations).
And
that
doesn’t
seem
likely.

Both
Chief
Justice
John
Roberts
and
Justice
Amy
Coney
Barrett,
at
least
one
of
whose
votes
[Peter
Patterson,
attorney
for
the
ghost
gun
manufacturers]
would
likely
need
to
prevail,
appeared
skeptical.
Roberts
was
dubious
about
Patterson’s
suggestion
that
the
sales
of
partially
complete
frames
and
receivers
are
targeted
at
hobbyists
who
want
to
build
their
own
guns.
“I’m
suggesting
that
if
someone
who
goes
through
the
process
of
drilling
the
one
or
two
holes
and
taking
the
plastic
out,
he
really
wouldn’t
think
that
he
has
built
that
gun,”
Roberts
asked,
“would
he?”

And
Barrett
seemed
to
dismiss
the
“critical
machining
operations”
standard
as
“a
little
made
up.”
It
isn’t
derived
from
the
statute,
she
observed.
Instead,
she
suggested,
“it’s
just
sort
of
a
way
of
allowing
for
a
de
minimis
exception,
right?”

And
there
might
even
be
a
sixth
vote
in
favor
of
the
regulations,
as

Ian
Millhiser
at
Vox

notes:

The
biggest
wild
card
in
the
case
is
Justice
Brett
Kavanaugh,
who
revealed
that
he
voted
in
favor
of
ghost
guns
in
2023
because
he
was
concerned
that
a
gun
seller
who
was
ignorant
of
the
law
might
accidentally
sell
an
unregulated
kit
without
realizing
it
was
illegal
to
do
so
and
then
be
charged
with
a
crime.

But,
as
[Solicitor
General
Elizabeth
Prelogar]
told
Kavanaugh,
a
gun
seller
can
only
be
charged
with
a
crime
if
they
“willfully”
sell
a
gun
without
a
serial
number
or
if
they
knowingly
sell
a
gun
without
a
background
check.
So
Kavanaugh’s
fears
appear
unfounded.

Of
course,
even
if
the
Fifth
Circuit
gets
overturned,
it’s
still
carrying
water
for
the
conservative
legal
movement,
pushing
the
Overton
window
further
and
further
to
the
right.




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

Major ‘Surge’ In LSAT Demand May Lead To Intense Law School Application Cycle – Above the Law

It’s
an
election
year,
and
you
know
what
that
means:
whether
they
favor
Vice
President
Kamala
Harris
or
former
President
Donald
Trump,
people
have
been
inspired
to
go
to
law
school
as
a
means
to
somehow
change
our
country’s
future

and
they’re
all
rushing
to
take
the
LSAT.

In
what’s
been
described
as
a
“surge,”
compared
to
2023
data,
many
more
would-be
law
students

18%
more,
overall!

have
registered
for
the
LSAT
for
the
current
law
school
admissions
cycle.

Reuters

has
the
details:

August
examinees
were
up
35%
while
September
was
up
7%.
Registrants
for
the
just-concluded
October
exam
increased
12%
over
2023,
while
29%
more
people
have
signed
up
to
take
the
LSAT
in
November.
Taken
together,
that
amounts
to
nearly
22,000
more
LSAT
registrants
than
last
year
at
this
time.

More
LSAT
takers
means
more
law
school
applicants,
which
may
in
turn
make
this
admissions
cycle
all
the
more
competitive.
“Law
school
may
seem
to
people
to
be
a
way
to
approach
what
they
are
seeing
going
on
in
the
world

and
it
is
a
way
to
approach
it
and
to
understand
it
and
to
have
an
effect,”
Susan
Krinsky,
interim
president
of
the
Law
School
Admission
Council,
told
Reuters.
“One
way
to
change
things
is
to
get
involved.”

Best
of
luck
to
everyone
applying
to
law
school!


High
LSAT
demand
points
to
competitive
law
school
admission
cycle,
more
interest
in
legal
issues

[Reuters]



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

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Solos & Small Firm Lawyers: Have You Taken Our Compensation Survey Yet? – Above the Law

If
you
are
a
lawyer
at
a
law
firm
employing
50
or
fewer
attorneys,
please take
this

brief,
completely
confidential
survey
.

The
2023
survey
collected
information
from
more
than
1,000
attorneys,
and
we
hope
to
top
that
number
this
year.

The

ATL
Solo
&
Small
Firm
Compensation
Report

offers
detailed
information
about
attorney
pay.
With
breakdowns
by
region,
firm
size,
practice
area,
gender,
and
more,
the
report
is
an
invaluable
benchmarking
resource
for
lawyers
working
in
small
practices.
And
we
need
your
help
to
put
it
together!

As
always,
the
survey
is
both
short
and
anonymous.


button_take-the-survey

Video: Why the FTC’s Lawsuit Against PBMs May Have Some Legs – MedCity News

In
late
September,
the

Federal
Trade
Commission
filed
an
administrative
complaint
against
the
three
largest
pharmacy
benefit
managers
,
alleging
that
these
third-party
service
providers
artificially
inflated
the
price
of
insulin.
They
did
so
by
deliberately
refusing
to
bring
lower-priced
insulin
that
was
already
available
to
patients
because
of
a
“perverse
drug
rebate”
program,
the
FTC
said.
In
other
words,
pharmacy
benefit
managers
collect
rebates
and
fees
based
on
a
percentage
of
the
list
price
of
the
drug
from
drugmakers,
use
these
rebates
to
convince
health
plans
and
employers
to
add
these
drugs
to
formularies
and
then
manage
their
pharmacy
benefit
on
behalf
of
employees.
Since
the
PBMs’
compensation
is
tied
to
list
price
of
the
drug,
they
appear
to
have
no
incentive
to
bring
lower
cost
drugs
to
the
market.
This
becomes
a
financial
burden
for
patients
as
well.

In
fact,
this
practice
appears
to
be
tied
to
more
than
just
insulin.
Paul
Markovich,
CEO
of
Blue
Shield
of
California,
experienced
the
same
issue
when
he
tried
to
bring
a
lower-priced
prostate
cancer
drug
and
faced
obstacles
from
the
health
plan’s
PBM

CVS
Caremark.
Ultimately,
he

restructured
how
Blue
Shield
of
California
transacts
with
its
PBM

bringing
in
other
PBM
and
pharmacy
players.
See
how
Markovich
shared
this
story
at
a
MedCity
News
event
in
early
spring,
months
before
FTC
took
action:

Morning Docket: 10.09.24 – Above the Law

(Photo
by
Chip
Somodevilla/Getty
Images)

*
Justice
Jackson
spends
ghost
guns
argument
trying
to
figure
out
post-

Chevron
rules.
Spoiler
alert,
it’s
just
Calvinball.
[

Law360]

*
Confirming
what
we
already
knew…
the
FBI
inquiry
into
Kavanaugh’s
background
was
a
sham.
[ABA
Journal
]

*
Disbarred
lawyers
have
a
plan.
[Slate]

*
CVS
and
UnitedHealth
want
FTC
commissioners
to
disqualify
themselves
because
they
displayed
bias
in
suggesting
that
maybe
it’s
bad
to
artificially
inflate
insulin
prices.

*
The
Alex
Jones
reckoning
is
nigh.
[Bloomberg
Law
News
]

*
Judges
say
social
media
amplifies
personal
risk.
[Legaltech
News
]

*
Davis
Polk
pushes
UK
trainee
pay
to
new
high.
[LegalCheek]

Khupe engages Finance Minister to boost cancer treatment in Zim

She
said
that
the
finance
minister
has
committed
to
using
funds
from
the
sugar
tax
to
invest
in
state-of-the-art
medical
equipment
and
to
fund
cancer
research.

“I
spoke
to
the
Minister
of
Finance,
and
he
agreed
to
help.
He
informed
me
that
they
have
ring-fenced
money
from
the
sugar
tax,
which
will
be
used
to
purchase
advanced
medical
equipment
and
conduct
essential
research.
Our
scientists
need
to
focus
on
developing
treatments
for
cancer
at
all
stages,”
Dr
Khupe
said
during
an
interview
on
the
CITE’s
View.

Khupe,
who
is
also
the
Patron
of
the
Thokozani
Khupe
Cancer
Foundation
and
a
Member
of
Parliament
for
Bulawayo,
emphasised
her
vision
for
Zimbabwe
to
become
a
leader
in
cancer
treatment,
where
people
from
across
the
region
can
come
for
care.

“My
dream
is
for
Zimbabwe
to
lead
in
cancer
treatment,
so
that
people
from
other
regions
come
here
instead
of
us
going
to
South
Africa,
India,
or
the
UK.
Treatment
must
be
available,
accessible,
and
affordable
here
in
Zimbabwe,”
she
added.

Khupe
highlighted
the
current
challenges
with
cancer
diagnosis
in
Zimbabwe,
particularly
the
lack
of
functional
equipment
in
public
hospitals.

She
recounted
instances
where
Mpilo
Central
Hospital
did
not
have
working
mammogram
machines,
and
patients
were
forced
to
pay
high
fees
at
private
hospitals.

“We
have
educated
people
to
self-examine,
but
when
they
find
something
wrong
and
go
to
a
hospital,
what
then?
Mpilo’s
equipment
wasn’t
working,
and
the
same
goes
for
Parirenyatwa.
We
need
functional,
state-of-the-art
equipment
like
combined
CT
and
PET
scans,
mammograms,
and
radiation
machines
to
provide
accurate
diagnoses
and
the
right
treatment,”
Khupe
explained.

She
spoke
from
personal
experience,
sharing
how
she
received
multiple
wrong
diagnoses
in
Zimbabwe,
South
Africa,
and
India,
before
finally
receiving
the
correct
diagnosis
of
lobular
breast
cancer
in
the
UK.

The
advanced
diagnostic
tools
in
the
UK,
she
said,
made
a
critical
difference.

“The
importance
of
getting
the
right
diagnosis
cannot
be
overstated.
It
leads
to
the
right
treatment
and
can
prolong
life.
Sadly,
when
people
get
the
wrong
diagnosis,
it
often
leads
to
death,”
Khupe
noted.

Khupe
also
emphasised
the
need
for
investment
in
research
and
development
of
cancer
medications.

She
urged
the
government
to
increase
funding
for
cancer
research,
particularly
to
find
new
treatments
and
medications
that
would
help
Zimbabwe
stay
ahead
of
the
disease.

“As
much
as
we
need
state-of-the-art
equipment,
we
also
need
medication
for
all
types
of
cancer.
Research
and
development
are
crucial
to
keeping
us
ahead
of
the
disease.
We
need
new
medications
so
that
we
always
have
options
when
one
treatment
stops
working,”
she
said.

“Development
is
not
rocket
science,
it’s
discovering
what
other
people
did,
coping
from
other
people.
Let’s
copy
from
the
UK.
I
am
appealing
to
the
government
to
make
sure
they
put
more
money
into
research
and
development
particularly
on
cancer
so
that
we
can
come
up
with
cancer
medications.”

Khupe
noted
that
Mpilo
and
Parirenyatwa
were
two
major
referral
public
hospitals
which
have
cancer
units,
which
must
be
“fully
equipped”
with
the
state
of
the
arts
and
all
cancer
medication
so
anyone
in
Zimbabwe
who
walks
in
there
receives 
treatment
immediately.

“Someone
would
rather
travel
from
Binga
to
Mpilo
for
treatment
than
for
them
to
travel
from
Binga
to
South
Africa,
the
UK
or
India.
Someone
would
rather
travel
from
Chipinge
to
Parirenyatwa
than
go
to
the
UK,”
said
the
MP.

Apart
from
raising
awareness,
having
state-of-the-art
equipment,
conducting
research
and
development,
Khupe
emphasised
that
one
prevention
and
possible
method
was
living
a
“clean
lifestyle
and
eating
traditional
foods.”

As
a
result,
Khupe
praised
the
First
Lady’s
efforts
to
promote
traditional
foods
as
part
of
a
healthy
lifestyle,
linking
good
nutrition
to
better
health
outcomes.

“I
have
already
changed
and
I
am
now
eating
more
traditional
foods
than
processed
foods 
because
processed
foods
contribute
more
to
this
cancer.
When
I
was
in
India
one
of
the
doctors
said
the
best
medication
is
one’s
food.
Once
your
body
is
nourished,
it
can
fight
any
disease
but
when
malnourished
you
can
easily
succumb
to
that
disease,”
she
explained.

“When
it
comes
to
the
lives
of
people,
stop
politicising
issues,
look
at
what
the
First
Lady
is
doing. 
She
is
popularising
traditional
foods
and
I
was
saying
let’s
embrace
this
programme 
so
people
start
eating
them.
Right
now
we
are
talking
of
life
and
death
,
it’s
a
very
good
programme
we
must
all
run
with
it.”

As
part
of
her
advocacy,
Dr.
Khupe
has
also
brought
the
issue
of
cancer
awareness
to
Parliament.
She
has
called
on
MPs
to
conduct
cancer
awareness
programmes
in
their
constituencies
during
October,
which
is
Breast
Cancer
Awareness
Month.

The
MP
also
announced
plans
for
the
formation
of
a
cancer
caucus
in
Parliament,
aimed
at
pushing
for
better
government
action
on
cancer
treatment
and
research.

“I
raised
a
matter
of
national
interest
last
week

calling
on
the
Speaker
to
set
aside
a
day
every
October
to
talk
about
cancer,”
she
said.

“We
are
going
to
push
hard
to
make
sure
the
Ministers
of
Finance
and
Health
address
these
issues.

Khupe
also
called
for
more
partnerships
with
her
foundation,
urging
individuals
and
organisations
to
join
the
cause
of
cancer
awareness,
research,
and
treatment
in
Zimbabwe.

““The
foundation
has
limitations
not
funded
by
anybody
but
through
my
own
initiatives
working
with
councillor
Ntando
Ndlovu, 
Addelis
Sibutha
and
others.
We
try
to
do
what
we
can
to
make
sure
to
reach
the
few
we
can
.
better
than
not
doing
anything,”
she
said.

“If
you
want
to
partner
the
foundation
can
email
me
on  thoko63@yahoo.co.uk and
my
number
is
+263785891171.”