Relaunched Matlock Should Be Disbarred – Above the Law

(Photo
by
Alberto
E.
Rodriguez/Getty
Images)

Society
is
officially
out
of
ideas
and
that
means
we’re
inundated
with
reboots
and
reimaginings
of
classics.
The
Andy
Griffith
lawyer
classic,

Matlock
,
which
ran
from
1986-1995,
is
the
most
recent
to
get
a
facelift
for
the
20s.

The
new
Matlock,
which
stars
Kathy
Bates
as
Maddy
Matlock,
is

doing
well
for
CBS
.
The
show
exists
in
a
post-Matlock
world,
meaning
it
explicitly
references
the
80s
iteration
as
it
makes
societal
commentary
about
aging,
sexism,
and
the
opioid
crisis.
Another
big
change
is
the
major
plot
twist
that
comes
at
the
conclusion
of
the
pilot
episode.

For
the
majority
of
the
episode
Bates
plays
a
down-on-her-luck,
unassuming,
low
key
brilliant
lawyer
that
chit-chats
her
way
into
success
during
a
high
profile
lawsuit.
Cute,
but
entirely
what
you’d
expect
from
a
Matlock
reboot.
But
then
comes
the
twist.


SPOILERS
BELOW

At
the
end
of
the
premiere
episode
it’s
revealed
that
Maddy
Matlock
is
a
fake
name,
and
Kathy
Bates
is
a
wildly
successful
attorney
that
faked
her
identity
to
get
hired
at
a
big
firm.
She
expositions
that
one
of
the
three
partners
that
are
now
her
bosses
at
the
firm
hid
documents
on
behalf
of
a
pharmaceutical
company
client.
The
character
we
know
as
Matlock
believes
the
hidden
documents
could
have
removed
opioids
from
the
market,
potentially
saving
her
daughter
that
died
of
an
overdose.
She
lied
her
way
into
a
job
at
the
firm
at
the
top
of
the
episode
to
expose
whichever
lawyer
is
responsible.

It’s
an
okay
twist
for
a
CBS
show,
as
long
as
you
know
exactly
nothing
about
legal
ethics.

“Matlock”
used
a
fake
identity
to
get
the
job,
and
used
subterfuge
to
have
reference
requests
routed
to
family
members.
That’s
not
something
bar
licensing
authorities
tend
to
look
favorably
upon


something
about
honesty
and
integrity
being
foundations
of
the
profession.

Then
there’s
the
whole
revenge
plot,
which,
obviously
as
only
the
pilot
has
aired
we
don’t
know
much
about
yet,
but
seems
designed
to
expose
various
client
confidences.
Blowing
up
attorney/client
privilege
also
isn’t
encouraged.
If
“Matlock”
has
evidence
of
wrongdoing
by
members
of
the
firm,
there
are
authorities
that
it
should
be
reported
to
without
ignoring
professional
responsibility
rules.

Matlock
might
be
an
okay
show
to
watch
with
your
parents
when
visiting
them
over
the
holidays,
but
it’s
a
terrible
model
for
how
attorneys
should
act.




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].

Deleting Evidence? Think Again: Lessons From The Eric Adams Scandal – Above the Law

(Photo
by
TIMOTHY
A.
CLARY/AFP
via
Getty
Images)

New
York
Mayor
Eric
Adams
faces

a
five-count
indictment

that
boils
down
to
a
bribery
scheme
involving
illegal
foreign
donations.
As
this
Supreme
Court
has
made
pretty
clear
that
it

doesn’t
think
most
bribery
is
a
crime
,
Adams
and
his

high-powered
lawyers

are
leaning
into
recasting
all
those
payments
as

innocent
gratuities

from
Turkey
for
good
government
service
rendered.

And
by
“good
government
service
rendered”
we
mean
“waiving
fire
codes.”

The
allegations
in
the
indictment
include
specific
references
to
a
dizzying
array
of
incriminating
messages
grabbed
from
phones
seized
from
the
mayor
and
his
team.
Making
the
whole
affair
a
valuable
reminder
that
some

if
not
most

people
are
very,
very
stupid
about
their
phones.
Or
what
they
think
they’ve
deleted
or
otherwise
kept
hidden
on
their
phones.

That’s
a
big
deal
for
everyone
who
isn’t
stupid.
Because
phones
are
increasingly
taking
over
as
our
discoverable
evidence
repositories.
And
forensics
expert
David
Greetham
of

Level
Legal

sees
this
transition
from
paper
to
computer
to
phone
as
the
primary
vector
of
evidence
as
accelerating.
“Last
year,
it
was
52%
of
mobile
devices

the
first
time
it
had
been
more
than
half

and
so
far
this
year
we’re
at
64%,”
he
said.

Whether
it’s
a
criminal
conspiracy
leaving
a
glaring
digital
paper
trail
or
civil
litigants
creating
themselves
a
nightmare
discovery
problem,
let’s
consider
a
few
of
the
ridiculous
data
collection
issues
involved
in
this
case.


Do
Not
Passcode,
Do
Collect
Several
Million
Dollars

When
Adams
handed
over
his
personal
cellphone
to
the
FBI,
he
told
them
it
was
locked
because
he’d
forgotten
the
passcode
because
he’d
recently
changed
it
to

protect

the
evidence
from
his
staff
potentially
deleting
it.

ADAMS
claimed
that
after
he
learned
about
the
investigation
into
his
conduct,
he
changed
the
password
on
November
5,
2024,
and
increased
the
complexity
of
his
password
from
four
digits
to
six.
ADAMS
had
done
this,
he
claimed,
to
prevent
members
of
his
staff
from
inadvertently
or
intentionally
deleting
the
contents
of
his
phone
because,
according
to
ADAMS,
he
wished
to
preserve
the
contents
of
his
phone
due
to
the
investigation.

How
conscientious
of
him!

Note
that
he
also
doesn’t
have
his
phone
set
up
to
open
through
facial
recognition,
complicating
the
process
since
forcing
someone
to
open
their
phone
through
facial
recognition

avoids
a
lot
of
Fifth
Amendment
self-incrimination
issues
if
it’s
non-testimonial
.
Surely
this
is
coincidence.

So
far,
the
government
hasn’t
cracked
the
code
yet.


Bathroom
Break
To
Do
A
Number
3
(Delete
Incriminating
Evidence)

Among
the
more
comical
episodes
included
in
the
indictment
involved
an
Adams
staffer
who
allegedly
showed
up
to
chat
with
the
government
and
then
tried
to
take
a
quick
break
to
shed
some
potential
evidence

The
Adams
Staffer
also
agreed
to
speak
with
FBI
agents
and
falsely
denied
the
criminal
conduct
of
herself
and
ADAMS,
among
others.
At
one
point
during
her
voluntary
interview,
the
Adams
Staffer
excused
herself
to
a
bathroom
and,
while
there,
deleted
the
encrypted
messaging
applications
she
had
used
to
communicate
with
ADAMS,
the
Promoter,
the
Turkish
Official,
the
Airline
Manager,
and
others.

Once
you’re
talking
to
the
FBI…
they
already
know
about
the
messaging
apps.

But
it’s
even
more
futile
than
that.
Greetham
explained
that
people
don’t
seem
to
understand
that
removing
the
app

from
the
phone

is
pretty
much
useless.

I
think
what
people
forget
is
that,
if
you
destroy
your
phone,
or
you
forget
your
passcode,
or
you
upgrade
your
phone,
the
messaging
apps
survive
that.
Messaging
apps
like
Signal,
Telegram,
Snapchat,
ephemeral
messaging

you
can
log
on
on
a
different
phone.
It’s
not
built
into
the
OS
in
the
same
way
SMS
or
iMessage
for
iPhone
is.

And
even
iMessage
messages
can
be
recoverable
through
iCloud
if
the
user
employs
that
system.

Even
without
getting
into
the
user’s
account
through
another
device,
an
FBI
document
uncovered
by
a
FOIA
request
a
few
years
ago
suggested
that
the
government

may
have
limited
access
to
information
on
these
encrypted
services
already
.

But
the
moral
of
the
story
is
that
removing
the
app
as
a
cute
icon
on
the
phone
is
not
doing
much
to
clear
that
evidence.

It
will
go
a
long
way
toward
making
you
look
like
you’re
engaged
in
spoliation
generally
though!


Gone
But
Not
Forgotten

In
addition,
in
March
2019,
while
exchanging
text
messages
to
plan
another
possible
to
trip
to
Turkey
in
which
the
Airline
Manager
would
arrange
travel
for
ADAMS,
the
Adams
Staffer
texted
ADAMS,
“To
be
o[n
the]
safe
side
Please
Delete
all
messages
you
send
me.”
ADAMS
responded,
“Always
do.”

Pobody’s
nerfect!

Unfortunately,
this
is
one
of
those
moves
where
99
percent
still
isn’t
enough.
Because
the
existence
of
even
one
message
like
this
sets
up
the
prosecutor
or
adversary
counsel
to
seek
negative
inferences
and
it
sets
up
a
forensics
expert
to
do
a
little
more
digging.
Greetham
compared
it
to
a
situation
that
“happens
more
than
you
think,”
where
a
computer
may
appear
clean
but
“you
check
some
internet
history,
and
you’d
find
the
recent
search
terms
were,
‘how
do
I
delete
data
without
being
caught?’”

But
if
Adams
really
meant
“USUALLY
do.”
It
turns
out
there
are
still
ways
to
potentially
recover
deleted
messages.
But
there
is
a
cost.
Greetham
explains:

In
cases
where
you
need
deleted
messages,
you
take
more
of
full
forensic
image
like
the
old
way
of
doing
laptops
and
desktops.
The
downside
to
that
is
that
the
iOS
updates
that
come
out
very
frequently
have
added
security
every
time
[ed.
note:
we
were
using
the
example
of
an
iPhone,
but
the
issue
is
similar
for
other
phones].
And
with
the
current
iOS
version,
the
only
known
way
to
do
that
is
to
jailbreak
the
phone.
And
technically
jailbreaking
the
phone
is
changing
the
evidence.

That
said,
“changing
the
evidence”
in
this
manner
isn’t
the
end
of
the
world.
There
are
procedures
for
authenticating
the
results
involving
witnesses
supervising
the
project
that
can
affirm
that
nothing
in
the
process
compromised
the
ultimately
relevant
data.
But
it’s
an
additional
consideration
to
evaluate
before
rooting
around
in
a
phone
looking
for
deleted
messages
still
buried
in
the
database.

Of
course,
maybe
the
government
won’t
need
to
get
all
the
way
into
the
deleted
messages…

Screenshot 2024-10-03 at 3.26.27 PM

Some
people
are
very
stupid
about
their
phones.
It’s
possible
that
some
people
are
just
very
stupid
generally.


Earlier
:

Eric
Adams
Argues
That
Turkish
Delights
Slipped
Into
His
Pasties
Were
Tips,
Not
Bribes




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
.

Recapping Relativity Fest – Above the Law

As
Relativity
Fest
concluded
last
week,
the
legal
journalists
in
attendance
sat
down
with
Relativity’s
David
Horrigan
to
discuss
the
events
of
the
conference
for
a
live
edition
of
the

Legaltech
Week
Journalists’
Roundtable
.
We
discuss
this
year’s
iteration
of
the
famous
Judicial
Panel,
where
the
gathered
judges
shared
their
personal
views
on
the
state
of
the
judiciary
in
the
world
of
social
media
and
shrinking
mainstream
legal
journalism
outfits,
as
well
as
the
prospect
of

generativeAI
coming
for
discovery
work
,
and
the
role
of
technology
providers
in
advancing
access
to
justice.

It’s
the
first
live
version
of
the
Roundtable
so
there
were
a
few
technical
issues
to
iron
out,
but
a
fun
talk
about
one
of
the
foremost
gatherings
on
the
calendar
focused
on
discovery
issues.

MyCase Announces New AI, Accounting and Immigration Features, Plus Update on Smart Spend

The
law
practice
management
platform
MyCase
rolled
out
three
product
updates
today
that
include
MyCaseIQ,
an
AI
conversational
interface;
enhancements
to
its
accounting
module;
and
an
immigration
add-on.
It
also
announced
the
beta
release
of
Smart
Spend,
a
product
that
marries
a
business
credit
card
to
expense
tracking
within
MyCase.

Generative
AI
Enhancements

Last
January,
AffiniPay,
the
parent
company
of
MyCase,
announced
AffiniPay
IQ,
its
strategic
initiative
to
embed
generative
artificial
intelligence
across
all
of
its
products
and
make
AI
a
native
component
of
legal
professionals’
daily
workflows,
along
with
the
beta
versions
of
the
first
two
features
of
that
initiative,
document
summarization
and
text
editing.

Now,
those
two
features
are
coming
out
of
beta
under
the
name
MyCase
IQ.
The
text
editing
feature
is
already
out
of
beta
and
available
within
MyCase,
and
document
summarization
will
launch
within
a
few
weeks.

In
addition,
early
next
year,
MyCase
will
release
an
AI-driven
conversational
interface
will
allow
users
to
source
case
information,
timelines,
and
data,
all
within
the
case
file
itself,
by
asking
questions
in
a
conversational
style.


The
interface
will
be
embedded
directly
in
the
case
detail
page.
It
will
have
suggested
prompts
that
users
can
select,
such
as
to
request
a
summary
of
the
case
or
a
detailed
timeline.

“We
are
on
a
mission
to
make
our
clients
financially
well,
and
to
use
cutting
edge
technology
to
achieve
that
goal
in
partnership
with
them,”
Dru
Armstrong,
chief
executive
officer
of
AffiniPay,
parent
company
of
MyCase,
told
me
during
a
briefing
yesterday.

“So
our
whole
thesis
for
generative
AI
is
to
not
do
it
because
everyone’s
doing
it,
but
to
do
it
because
it
makes
firms
be
able
to
leverage
automation
and
intelligence
to
give
them
time
back
so
they
can
serve
their
clients.”

From
beta
testing
these
generative
AI
features,
Armstrong
said,
one
major
takeaway
has
been
that
attorneys
really
need
to
trust
the
accuracy
of
the
information
the
AI
is
providing.

“So
we’ve
done
a
lot
of
work
to
make
sure
that
everything
that
goes
full
GA
[general
availability]
meets
those
very
high
standards
that
our
attorneys
have,”
she
said.

Accounting
Enhancements

MyCase
also
today
introduced
enhancements
to
its
native
accounting
software.
Among
these
enhancements:

  • 1099
    vendor
    reporting:
    To
    help
    simplify
    bookkeeping,
    MyCase
    Accounting
    will
    soon
    offer
    1099
    vendor
    reporting
    directly
    within
    the
    platform.
  • Automatic
    deposit
    slip
    creation:
    MyCase
    accounting
    now
    offers
    automatic
    deposit
    slip
    creation
    for
    vendors.
    When
    funds
    are
    deposited
    into
    the
    firm’s
    bank
    account,
    the
    slip
    is
    created
    automatically.
  • Automatic
    bank
    reconciliation:
    Once
    the
    deposit
    slip
    is
    created,
    it
    is
    matched
    to
    the
    corresponding
    bank
    feed
    transaction
    from
    LawPay,
    eliminating
    the
    sometimes
    time-consuming
    task
    of
    reconciling
    deposit
    slips
    and
    transactions.

The
deposit
slip
feature
is
available
now,
and
the
other
enhancements
will
be
rolled
out
between
now
and
the
first
quarter
of
next
year.

Armstrong
said
the
bank
reconciliation
is
particularly
powerful
for
its
ability
to
solve
a
core
practice
management
challenge
of
IOLTA
compliance
by
combining
invoicing
within
MyCase,
electronic
payments
via
LawPay,
which
is
also
owned
by
AffiniPay,
and
automatic
reconciliation
within
the
native
accounting
feature.

“When
you
have
MyCase
with
the
invoice
and
billing
engine
combined
with
LawPay,
and
then
having
the
legal
accounting
package
built
natively
in
the
platform,
it
really
makes
it
a
pretty
automagical
experience
to
be
able
to
reconcile
the
invoices
with
the
transactions
with
the
bank
account,”
she
said.

Immigration
Add-On

The
immigration
add-on
uses
an
application
programming
interface
(API)
to
connect
MyCase
with
its
sibling
company
Docketwise,
a
case
management
platform
for
immigration
lawyers.

The
add-on
integrates
immigration
case
management
into
the
MyCase
practice
management
platform,
enabling
immigration
attorneys
to
get
the
benefits
of
both
case
management
and
practice
management
without
having
to
switch
between
platforms.

Armstrong
said
that
many
immigration
customers
wanted
more
of
a
full
practice
management
platform,
while
keeping
the
immigration-specific
case
management
features
of
Docketwise,
such
as
its
Smart
Forms.


Ever
since
AffiniPay
acquired
MyCase,
which
already
owned
Docketwise,
bringing
together
the
capabilities
of
the
two
platforms
“had
been
a
core
part
of
our
vision,”
Armstrong
said.

To
take
advantage
of
the
integration,
MyCase
users
will
required
to
purchase
a
subscription
for
the
Docketwise
add-on.
The
monthly
cost
of
the
add-on
will
be
$79
per
user
or
$69
if
purchased
annually.

Once
purchased,
all
Docketwise
features
will
be
available
directly
within
MyCase,
without
having
to
switch
platforms
or
even
ever
use
the
Docketwise
platform.
Among
the
features
the
add-on
provides:

  • Smart
    Forms:
    Users
    can
    auto-populate
    immigration
    forms
    with
    client
    data,
    eliminating
    manual
    entry.
  • USCIS
    case
    tracking:
    Track
    the
    status
    of
    immigration
    cases
    through
    automatic
    USCIS
    updates,
    keeping
    attorneys
    and
    clients
    informed,
    from
    within
    MyCase.
  • E-filing:
    Enables
    electronic
    submission
    of
    immigration
    forms
    directly
    to
    government
    agencies
    (USCIS,
    DOL
    FLAG,
    DOS
    CEAC)
    from
    within
    MyCase.
  • Priority
    date
    tracking:
    Monitors
    key
    dates
    to
    ensure
    timely
    actions
    are
    taken
    on
    immigration
    cases,
    minimizing
    the
    risk
    of
    missed
    deadlines.

The
immigration
add-on
is
being
soft-launched
before
the
end
of
the
year
and
will
be
made
generally
available
to
all
users
sometime
next
year.

Smart
Spend
Beta

MyCase
also
said
today
that
the
Smart
Spend
feature

it
announced
last
February

will
become
available
for
beta
testing
by
select
customers
staring
Oct.
21.
It
will
be
released
for
general
availability
in
the
first
quarter
of
next
year.

MyCase
had
initially
said
it
would
be
released
in
beta
in
the
second
quarter
of
this
year
and
then
to
general
release
in
the
third
quarter.

The
Smart
Spend
feature
promises
to
offer
a
business
credit
card
for
law
firms
that
is
tied
to
software
that
directly
channels
client-related
expenses
into
the
associated
matters
and
invoices
within
the
MyCase
platform.

It
provides
law
firms
with
a
LawPay-branded
Visa
credit
card
for
their
attorneys
and
staff.
All
spending
on
the
card
is
tracked
to
a
dashboard
where
the
firm
can
monitor
all
of
its
business
and
client
expenses.

Spending
is
also
integrated
within
MyCase,
so
client
expenses
are
directly
tracked
to
the
matter,
including
the
nature
and
category
of
the
expense
and
any
associated
receipts.

‘Big
Moves’
Ahead

In
July,
it
was
announced
that

Genstar
Capital
had
made
a
significant
investment
in
AffiniPay
,
while
TA
Associates,
which
had
been
the
company’s
largest
investor
since
2020,
would
continue
to
retain
a
“meaningful
stake”
in
the
company.

During
our
briefing
yesterday,
Armstrong
said
that
she
was
“super
excited”
about
the
new
investor,
which
now
owns
the
larger
share
of
the
company.

“They’re
a
phenomenal
software
investor
with
just
an
amazing
track
record
of
helping
build
best-in-class,
high-growth
software
businesses,”
she
said.

She
said
the
driving
force
behind
the
deal
was
to
be
able
to
invest
more
in
product
research
and
development
in
order
to
deliver
more
for
the
company’s
customers.

“It’s
giving
us
an
opportunity
to
think
more
strategically
about
our
position
in
the
market,”
Armstrong
said.

“We
were
super
successful
with
our
MyCase
acquisition,
and
I
think
you’re
going
to
see
us
making
some
big
moves,
whether
it’s
in
products
that
we’ve
built
or
products
that
we’ve
partnered
with
or
products
that
we
bought.”

Colorado Loses Again, Has To Pay 303 Creative’s Legal Fees – Above the Law

Remember
that
made
up
case
about
gay
marriages
and
websites?
There
were
some
glaring
issues.
One
was
standing,

which
the
Court
summarily
bracketed
and
got
to
the
outcome
they
wanted
.
The
second
was
figuring
out
those

pesky
lawyer
fees
.
That
problem
is
a
problem
no
more

Colorado
is
picking
up
the
tab.

NBC

has
coverage:

The
state
of
Colorado
has
agreed
to
pay
more
than
$1.5
million
in
legal
fees
to
a
web
designer
who
won
a
U.S.
Supreme
Court
ruling
last
year
that
found
the
right
to
free
speech
allows
some
businesses
to
refuse
to
provide
services
for
same-sex
weddings…A
state
board
approved
the
amount,
which
was
less
than
the
nearly
$2
million
that
Smith
had
originally
sought
after
her
free
speech
win
at
the
high
court.

If
your
gut-check
response
to
Colorado
footing
the
bill
is
disbelief,
it
shouldn’t
be.
Lawyer
fees
usually
get
covered
when
plaintiffs
win
a
civil
rights
suit.
Now
that
the
outstanding
balance
has
wrapped
up
on
this
matter,
conservative
think
tanks
can
move
on
to
the
next
pressing
civil
rights
issue

like
making
sure
that
IUDs
and
condoms
become
illegal

or
something.


Colorado
To
Pay
Web
Designer’s
Legal
Fees
After
Losing
LGBTQ
Anti-Bias
Law
Case

[NBC]


Earlier
:

303
Creative
Web
Designer
Needs
Somebody
To
Cover
Her
Legal
Fees


The
Supreme
Court
Is
Lying
To
You
About
This
Web
Designer
Opinion


Supreme
Court
Cares
Less
About
The
Facts
Of
A
Case
Than
Hungover
1Ls



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.

You Can Go Ahead And Bet On The 2024 Election – Above the Law

(Image
via
Getty)


In
short,
the
concerns
voiced
by
the
[Commodity
Futures
Trading
Commission]
are
understandable
given
the
uncertain
effects
that
Congressional
Control
Contracts
will
have
on
our
elections,
which
are
the
very
linchpin
of
our
democracy.


But
whether
the
statutory
text
allows
the
Commission
to
bar
such
event
contracts
is
debatable,
and
the
Commission
has
not
substantiated
that
risks
to
election
integrity
are
likely
to
materialize
if
Kalshi[Ex]
is
allowed
to
operate
its
exchange
during
the
pendency
of
this
appeal.




—U.S.
Court
of
Appeals
for
the
D.C.
Circuit
Judge
Patricia
Millett,
joined
by
Judges
Cornelia
Pillard
and
Florence
Pan,
ruling
that
commodities
exchange
KalshiEx

can
take
bets

on
which
party
will
take
control
of
Congress
following
the
November
election.
The
Commodity
Futures
Trading
Commission
argued
such
bets
incentivize
misinformation
“seeking
to
influence
perceptions
of
a
political
party
or
a
party
candidate’s
success.”
But
the
D.C.
Circuit
found
that
such
bets
were
not
in
violation
of
the
Commodity
Exchange
Act.

CoCounsel Drafting: An AI-Powered Game Changer For Legal Professionals – Above the Law

CoCounsel
Drafting
is
an
AI-powered
legal
drafting
tool
that
promises
to

revolutionize
the
way
legal
professionals
create
contracts
and
agreements
.
Lawyers
can
spend
hours
just
trying
to
find
the
right
document
to
be
the
model
for
a
new
document
they
need
to
draft,
and
CoCounsel
Drafting
can
save
the
day.
Rather
than
reinventing
the
wheel
or
spending
hours
searching
for
prior
work,
users
can
utilize
the
generative
AI
assistant
for
the
document
they
need
to
create,
and
the
results
are
served
up
and
ready
for
refinement,
review,
and
finalization.


Find

Find
the
best
starting
point
by
searching
across
the
firm’s
repositories
(SharePoint
and
OneDrive,
additional
integrations
with
NetDocuments,
iManage,
and
HighQ
coming
soon),
or
utilize
Contract
Express
or
Practical
Law
Dynamic
subscriptions
to
find
templates
directly
from
within
Microsoft
Word.

See
Figure
1.

CoCo Fig 1 Find documents

Figure
1:
CoCounsel
Drafting
allows
users
to
search
within
MS
Word
for
past
work
to
find
a
good
starting
point
to
create
new
documents.

There
is
no
need
to
waste
time
navigating
folders—simply
type
a
query,
and
CoCounsel
will
help
locate
past
work
relevant
to
a
user’s
current

drafting
needs
.
CoCounsel’s
AI-generated
metadata
tags
and
document
summaries
ensure
accurate
search
results.
CoCounsel
Drafting
provides
lawyers
with
a
resource
that
goes
above
and
beyond
their
in-house
repository.

Firms
using
CoCounsel
Drafting
will
have
access
to
Practical
Law
Playbooks,
curated
sets
of
legal
guidance,
preferred
language,
and
negotiation
strategies,
which
serve
as
reference
guides
for
legal
professionals
during
drafting
and
negotiation.
Playbooks
include
standardized
clauses,
fallback
positions,
and
best
practices.
Users
can
leverage
existing
Practical
Law
Playbooks
or
create
custom
playbooks
tailored
to
their
specific
needs.
Playbooks
ensure
consistency
across
contractual
documents,
streamline
the
drafting
process,
and
align
with
professional
guidance.
CoCounsel
provides
access
to
Practical
Law’s
standard
document
model
agreements
and
automated
document
templates
so
lawyers
can
avoid
the
risks
and
costs
associated
with
manual
drafting.
CoCounsel
pulls
relevant
language
from
trusted
sources.

See
Figure
2.

CoCo Fig 2 Find templates

Figure
2:
CoCounsel
provides
access
to
Contract
Express
and
Practical
Law
templates.
Users
simply
type
a
query
or
look
at
recently
used
templates
and
make
a
selection.
Once
a
template
is
selected,
the
user
is
prompted
to
enter
information,
and
then
they
can
generate
the
document
and
begin
the
refinement
process.

When
a
lawyer
searches
for
a
relevant
document
or
clause,
the
results
will
identify
whether
the
document
or
clause
is
from
the
firm
repository
or
Practical
Law.
Searches
are
done
without
ever
leaving
the
draft,

driving
efficiency
and
cost
savings
for
the
client
.


Refine

Users
can
search
for
gold-standard
and
market-specific
clause
language.
Use
Practical
Law
Clause
Finder
from
the
Refine
menu
to
streamline
the
drafting
process
by
locating
specific
clause
types,
searching
Practical
Law,
internal
documents,
and
even
SEC
filings.

CoCounsel
isn’t
just
about
finding,
it’s
about
creating.
CoCounsel
assists
the
user
step
by
step
when
drafting
a
new
clause,
providing
direct
requests
for
quick
first
drafts
of
the
clauses
needed
or
modifying
existing
clauses
with
precision
using
CoCounsel’s
AI
assistance.
CoCounsel
Drafting’s
chat-based
interface
feels
like
having
a
legal
research
assistant
right
in
a
Word
document.
It
suggests
language,
clarifies
complex
terms,
and
will
summarize
lengthy
terms.


Review

CoCounsel
helps
users
comprehend
how
a
redlined
document
deviates
from
the
standard.
It
maps
these
changes
against
a
playbook
(such
as
Practical
Law’s
contract
playbooks).
By
flagging
risks
and
identifying
missing
language,
CoCounsel
ensures
thorough
review
and
compliance.
When
a
clause
needs
modification,
CoCounsel
provides
intelligent
suggestions.
It
recommends
replacement
language
based
on
context
and
legal
best
practices.
CoCounsel’s
AI
analyzes
the
document
for
potential
risks.
It
also
identifies
any
crucial
language
that
might
be
absent.
The
review
phase
with
CoCounsel
is
efficient
and
precise.
Whether
a
lawyer
is
negotiating
contracts,
analyzing
agreements,
or
preparing
for
litigation,
CoCounsel
accelerates
the
process.


Finalize

Once
the
document
is
assembled,
it’s
time
to
analyze
and
revise.

CoCounsel
Drafting

helps
check
for
common
drafting
errors.
It’s
like
having
an
eagle-eyed
proofreader
who
won’t
judge
for
excessive
semicolons
or
misplaced
“whereases.”
The
user
can
correct
any
slip-ups
to
ensure
consistency
and
accuracy.

See
Figure
3.

CoCo Fig 3 Deal Proof

Figure
3:
CoCounsel
Drafting
identifies
common
drafting
issues,
discrepancies,
and
other
issues
that
would
take
an
attorney
hours
to
find.

CoCounsel
enhances
productivity,
increases
accuracy
and
consistency,
and
adapts
to
how
the
legal
team
works.
Big
firms
will
streamline
the
associate’s
workload,
general
counsels
will
be
thrilled
with
the
efficiency,
and
solo
firms
will
find
they
have
a
secret
virtual
assistant.


Integrations
and
Security

CoCounsel
Drafting
operates
directly
within
Microsoft
Word.
Legal
professionals
can
draft,
review,
and
refine
documents—all
without
leaving
the
familiar
Word
environment.
CoCounsel
collaborates
with
Practical
Law’s
content.
CoCounsel,
when
responding
to
a
natural-language
query,
summarizes
relevant
information
grounded
in
Practical
Law’s
expertly
curated
content.
This
integration
accelerates
moving
from
legal
questions
to
actionable
work
product.
For
thorough
research,
CoCounsel
enhances
Westlaw
Precision.
It
helps
lawyers
find
relevant
answers
faster
and
more
confidently,
streamlining
legal
research.

CoCounsel
is
evolving
and
continuing
to
find
ways
to
assist
legal
teams.
To
that
end,
Microsoft
365,
database
management
solutions,
and
tools
like
Microsoft
Word,
Outlook,
and
SharePoint
are
already
in
beta
integration.
Thomson
Reuters
is
actively
working
on
expanding
CoCounsel’s
capabilities.
Watch
for
future
integrations
for
risk
and
fraud
professionals
(CoCounsel
Fraud
Detection
and
CoCounsel
Investigators).

CoCounsel
accesses
the
underlying
AI
model
(GPT-4)
through
dedicated,
private
servers,
which
means
no
OpenAI
employees
can
see
customer
queries
or
documents,
and
confidentiality
is
safeguarded.
CoCounsel
uses
an
“eyes
off”
API,
meaning
no
human
reviewers
have
direct
access
to
customer
interactions
to
protect
data.
All
data,
whether
in
transit
or
at
rest,
is
encrypted.
CoCounsel
operates
under
Thomson
Reuters’
robust
security
practices.
These
policies
align
with
industry
standards
and
protect
against
unauthorized
access.


Pricing

Thomson
Reuters
offers
a
variety
of
subscriptions
and
licensing
options
for
CoCounsel
Drafting
and
other
generative
AI
solutions.

Contact
them
today

for
specific
details.


Who
is
Thomson
Reuters?

Thomson
Reuters
is
a
Canadian
American
multinational
information
conglomerate
that
has
played
a
pivotal
role
in
shaping
the
professional
landscape
across
various
domains.
Thomson
Reuters
enables
legal,
tax,
accounting,
compliance,
government,
and
media
professionals
by
fusing
reliable
content
with
state-of-the-art
technology.
Their
mission
is
to
provide
the
right
information
for
informed
decision
making.
Founded
in
Toronto,
Ontario,
Canada,
Thomson
Reuters
has
a
rich
history
spanning
over
150
years.
Thomson
Reuters
is
at
the
forefront
of
AI
and
technology
adoption.
Notable
offerings
include
CoCounsel,
a
generative
AI
assistant
for
legal
professionals,
and
Ask
Practical
Law
AI,
which
provides
summarized
answers
based
on
Practical
Law’s
expertly
curated
content.
The
company
is
committed
to
advancing
justice,
truth,
and
transparency.
In
summary,
Thomson
Reuters
clarifies
today’s
complex
landscape,
equipping
professionals
with
the
confidence
to
navigate
tomorrow’s
challenges.


Latest
Developments
and
Upcoming
Updates

  • Single
    point
    of
    access
    to
    CoCounsel
    artificial
    intelligence
    (AI)
    skills
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    MS
    Word,
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    Westlaw
    AI-Assisted
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    and
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    Law
    AI.
  • Create
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Prominent Law Firm Hit With Lawsuit Over Alleged Litigation Tactics – Above the Law

Employment
law
firm
Wigdor
Law
is
known
for
taking
on
big

and
highly
publicized

cases

focusing

on
representing
clients
with
discrimination,
sexual
harassment
or
assault
claims.
And
they

take
on
big
names


the
NFL,
Meta,
Sean
Combs,
Intel,
St.
Lawrence
University,
Harvey
Weinstein,
TikTok,
to
name
a
few.
But
it
is
the
firm’s
litigation
surrounding
the
sexual
misconduct
allegations
of
former
New
York
Governor
Andrew
Cuomo
that
led
to
a
lawsuit
being
filed
against
the
firm.

Former
Cuomo
spokesperson,
Richard
Azzopardi,
filed
a
malicious
prosecution
lawsuit
against
Wigdor
Law
in
New
York
state
court
earlier
this
week.
(Complaint
available
below.)
In
2022,
Wigdor
represented
an
anonymous
New
York
trooper
(trooper
1)
that
alleged
sexual
harassment
at
the
hands
of
Cuomo,
and
that
lawsuit
included
claims
against
Azzopardi.
But
Azzopardi
alleges
Wigdor
had
“full
knowledge
that
the
claims
asserted
were
frivolous
and
unsustainable
as
a
matter
of
law.”

Azzoparsi
claims
he
was
publicly
critical
of
trooper
1’s
lawsuit
against
Cuomo
and
the
Wigdor
Law
firm
and,
thus,
in
retaliation
claims
were
added
against
Azzopardi.
As

reported
by

Law360:

Azzopardi
said
Wigdor
is
“widely
known
to
use
the
press
to
extort
settlements
on
behalf
of
‘anonymous
claimants’”
in
a
public
statement
issued
shortly
after
the
trooper’s
suit
was
filed,
the
complaint
says.

A
day
later,
the
trooper
filed
an
amended
complaint
that
added
Azzopardi
as
a
defendant
on
one
claim
of
retaliation.

“Defendant
Wigdor

joined
Azzopardi
to
the
pre-existing
suit
solely
because
he
had
publicly
expressed
his
opinions
about
defendant
Wigdor’s
practices,”
Azzopardi
said.


Earlier
this
year
,
the
retaliation
claim
against
Azzopardi
was
thrown
out.
Trooper
1
subsequently
filed
a
new
lawsuit
against
Azzopardi
and
Cuomo
alleging
they
attempted
to
“coerce,
intimidate
and
threaten
trooper
1.”
Azzopardi
was
critical
of
the
new
lawsuit,
“This
new
state
action
materially
regurgitates
the
same
allegations
contained
in
the
now
dismissed
federal
complaint.”

Azzopardi’s
complaint
alleges
that
the
litigation
against
him
was
designed
by
the
firm
to
maximize
the
negative
impact,
“Defendant
Wigdor
filed
the
first
amended
federal
complaint
and
publicized
it
widely
solely
to
harm,
render
unmarketable
and
humiliate
Azzopardi.”

Wigdor
has
gone
on
the
offensive
in
the
face
of
the
lawsuit
with
attorney
Valdi
Licul
saying
Azzopardi’s
lawsuit
is
“the
latest
attempt
to
silence
one
of
Andrew
Cuomo’s
victims
and
interfere
with
her
rights.”

“As
set
forth
in
Trooper
1’s
recently-filed
complaint,
Mr.
Cuomo

often
through
his
spokesperson
Richard
Azzopardi

has
lobbed
threats
at
anyone
who
has
sought
to
hold
him
to
account
for
creating
what
federal
and
state
authorities
have
repeatedly
found
to
be
a
hostile
work
environment
for
women,”
Licul
said.
“We
will
not
be
deterred
by
this
latest
desperate
tactic.”

1884000-1884762-not_assigned_richard_azzopardi_v_trooper_1_et_al_summons___complaint_1




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].

Mastering Legal Operations: 3 Unexpected Lessons For Success In A Dynamic Field – Above the Law

Navigating
the
world
of
legal
operations
can
feel
as
unpredictable
as
the
weather.
In
a
recent
conversation
with
Adam
Becker,
director
of
legal
operations
at
Cockroach
Labs
and
a
CLOC
board
member,
I
delved
into
the
twists
and
turns
of
his
journey
from
law
firm
associate
to
a
leading
figure
in
legal
ops

a
role
that
didn’t
even
exist
when
he
graduated
from
law
school.
Adam’s
path
is
a
testament
to
the
evolution
of
the
legal
field
and
offers
valuable
lessons
for
anyone
looking
to
thrive
in
this
dynamic
space.
Here
are
three
unexpected
takeaways
from
our
conversation.

1.

Curiosity
Is
Your
Most
Valuable
Asset

One
of
the
most
striking
aspects
of
Adam’s
career
trajectory
is
his
unwavering
curiosity.
For
Adam,
curiosity
isn’t
just
a
nice-to-have
trait

it’s
the
cornerstone
of
success
in
legal
operations.
Being
curious
means
constantly
asking
questions
about
how
things
work,
why
certain
processes
are
in
place,
and
how
they
can
be
improved.
This
trait
allows
legal
ops
professionals
to
stay
ahead
of
the
curve
and
adapt
to
new
challenges
as
they
arise.

Adam’s
advice?
Never
stop
learning.
Whether
it’s
understanding
the
latest
technological
advancements
in
the
legal
field
or
exploring
new
ways
to
streamline
processes,
staying
curious
keeps
you
engaged
and
proactive.
In
a
rapidly
evolving
landscape
like
legal
ops,
where
new
problems
surface
daily,
curiosity
drives
innovation
and
problem-solving.

2.

The
Power
Of
The
“For
Now”
Job

Many
professionals
view
a
job
as
a
stepping
stone
to
something
bigger

a
“for
now”
role.
Adam’s
perspective
on
this
is
refreshingly
different.
Instead
of
seeing
these
roles
as
mere
placeholders,
he
views
them
as
opportunities
to
gain
experience,
build
skills,
and
prepare
for
the
next
big
leap.
A
“for
now”
job
is
not
about
complacency;
it’s
about
strategically
positioning
yourself
for
future
opportunities.

Adam
emphasizes
the
importance
of
having
a
clear
end
date
or
milestone
for
these
transitional
roles.
This
helps
maintain
focus
and
ensures
that
you
are
actively
working
towards
your
long-term
career
goals.
By
treating
each
job
as
a
learning
and
earning
opportunity,
you
can
turn
even
a
temporary
position
into
a
meaningful
chapter
in
your
career
narrative.

3.

Build
Your
Own
Board
Of
Advisors

Navigating
your
career,
especially
in
a
field
as
dynamic
as
legal
ops,
requires
more
than
just
professional
skills

it
demands
a
solid
support
network.
Adam
highlights
the
importance
of
building
a
personal
“board
of
advisors”

a
group
of
trusted
individuals
who
can
offer
diverse
perspectives
and
honest
feedback.
This
group
isn’t
limited
to
traditional
mentors;
it
can
include
former
managers,
peers,
direct
reports,
or
even
professionals
from
different
industries.

What’s
key,
Adam
notes,
is
maintaining
these
relationships
over
time
and
being
open
to
their
input,
even
when
it’s
not
what
you
want
to
hear.
The
insights
and
advice
from
your
board
of
advisors
can
provide
clarity
and
direction,
helping
you
navigate
career
changes,
seize
new
opportunities,
and
avoid
potential
pitfalls.


Embrace
The
Unexpected
In
Legal
Ops

Adam
Becker’s
journey
in
legal
operations
is
a
powerful
reminder
that
success
in
this
field
isn’t
just
about
following
a
set
path;
it’s
about
being
adaptable,
staying
curious,
and
leveraging
every
opportunity
for
growth.
By
embracing
these
three
unexpected
lessons

cultivating
curiosity,
treating
every
job
as
a
strategic
opportunity,
and
building
a
strong
network

you
can
navigate
the
unpredictable
landscape
of
legal
operations
with
confidence
and
creativity.

For
those
looking
to
dive
deeper
into
Adam’s
experiences
and
gain
more
insights
on
thriving
in
legal
ops,
be
sure
to
check
out
the
full
episode.
It’s
packed
with
practical
tips
and
strategies
to
help
you
turn
challenges
into
opportunities
and
build
a
successful
career
in
this
exciting
and
ever-evolving
field.




Olga MackOlga
V.
Mack



is
a
Fellow
at
CodeX,
The
Stanford
Center
for
Legal
Informatics,
and
a
Generative
AI
Editor
at
law.MIT.
Olga
embraces
legal
innovation
and
had
dedicated
her
career
to
improving
and
shaping
the
future
of
law.
She
is
convinced
that
the
legal
profession
will
emerge
even
stronger,
more
resilient,
and
more
inclusive
than
before
by
embracing
technology.
Olga
is
also
an
award-winning
general
counsel,
operations
professional,
startup
advisor,
public
speaker,
adjunct
professor,
and
entrepreneur.
She
authored 
Get
on
Board:
Earning
Your
Ticket
to
a
Corporate
Board
Seat
Fundamentals
of
Smart
Contract
Security
,
and  
Blockchain
Value:
Transforming
Business
Models,
Society,
and
Communities
. She
is
working
on
three
books:



Visual
IQ
for
Lawyers
(ABA
2024), The
Rise
of
Product
Lawyers:
An
Analytical
Framework
to
Systematically
Advise
Your
Clients
Throughout
the
Product
Lifecycle
(Globe
Law
and
Business
2024),
and
Legal
Operations
in
the
Age
of
AI
and
Data
(Globe
Law
and
Business
2024).
You
can
follow
Olga
on




LinkedIn



and
Twitter
@olgavmack.

Forging a Noncompete Policy That Works for Healthcare – MedCity News

The
litigation
tying
up
the
Federal
Trade
Commission’s
new
rule
prohibiting
for-profit
companies
from
requiring
noncompete
clauses
gives
everyone
in
healthcare
time
to
consider
the
unique
needs
of
our
industry
in
crafting
a
policy
that
works
for
patients,
physicians
and
provider
organizations.

Many
feel
that
noncompete
policies
too
often
disrupt
the
patient-physician
relationship
and
may
also
force
a
physician
to
move
and
re-establish
their
practice
elsewhere. 

That
said,
there
are
legitimate
investments
that
many
hospitals,
health
systems
and
larger
physician
practices
make
in
helping
a
physician
establish
a
practice
in
a
new
market.
There
are
better
ways
to
acknowledge
those
investments
than
an
inflexible
noncompete
clause.
A
more
measured
approach
to
noncompete
clauses
can
be
fair
to
physicians
and
provider
organizations,
and
also
serve
patients
better.

Here
are
four
elements
for
a
policy
on
noncompetes
that
works
for
healthcare:

First,
a
new
policy
on
noncompete
clauses
must
apply
to
all
entities
that
employ
physicians,
for-profit
and
not-for-profit
alike.
There
are
legitimate
questions
about
whether
the
FTC
could
enforce
its
original
noncompete
ban
on
not-for-profit
hospitals,
because
the
jurisdiction
of
the
FTC
generally
is
limited
to
for-profit
companies.
This
fact
uniquely
impacts
healthcare,
given
the
prevalence
of
not-for-profit
hospitals
and
health
systems. 

While
some
legal
ambiguity
exists
about
the
FTC’s
jurisdiction
over
physicians
employed
by
not-for-profit
hospitals
(e.g.,
a
not-for-profit
can
own
a
for-profit
subsidiary
that
employs
physicians),
an
ideal
noncompete
rule
would
ensure
a
level
playing
field.

Second,
a
new
noncompete
policy
should
provide
a
way
for
employees
to
buy
their
way
out
of
their
contract.
Hospitals
that
invest
in
helping
a
physician
build
their
practice
have
a
fair
point
in
wanting
to
recoup
that
investment.
At
the
same
time,
employed
physicians
make
a
substantial
investment
of
their
time
in
building
relationships
with
patients
in
order
to
deliver
the
best
possible
care.  

Should
a
provider
wish
to
sever
their
contractual
relationship
they
should
be
able
to
buy
their
way
out
of
that
commitment
at
a
fair
and
established
amount.
This
balance
of
rights
and
responsibilities
provides
the
right
incentives
for
both
hospitals
and
physicians.

A
third
element
of
a
sound
policy
is
related:
Noncompete
clauses
should
have
a
time
limit.
For
example,
let’s
say
the
income
support
in
a
physician
agreement
lasts
three
years.
Another
three
years
beyond
seems
a
reasonable
time
for
the
noncompete
clause
to
time
out,
giving
the
employer
the
opportunity
to
recoup
the
initial
investment.
If
the
employer
has
not
recouped
its
investment
in
that
time,
the
problem
is
not
the
physician,
but
rather
the
management
and
support
of
that
physician,
and
the
physician
should
not
be
penalized.

Finally,
noncompete
policy
should
require
a
provider
organization
to
allow
communication
to
patients
about
a
provider
moving
on
to
a
new
practice
or
health
system.
This
element
would
be
effective
only
if
the
physician
satisfied
the
buyout
or
time
provisions.

Provider
organizations
could
be
required
to
allow
a
moving
physician
to
contact
their
patients
through
the
provider
organization’s
communication
systems
once
at
the
outset
of
the
physician’s
departure.
Then
for
a
period
of
time,
perhaps
a
year,
the
provider
organization
would
be
required
to
give
the
physician’s
new
contact
details
to
patients
who
request
the
information.
Patients
should
not
be
penalized
or
held
captive.

Perhaps
this
is
an
element
that
should
apply
only
in
healthcare,
a
recognition
of
the
unique
harm
of
disrupting
the
patient-physician
relationship.
This
requirement
would
go
a
long
way
toward
minimizing
that
disruption.

A
federal
policy
on
noncompete
agreements
that
recognized
the
unique
nature
of
healthcare
would
not
be
unprecedented.
Maintaining
the
sanctity
of
the
patient-physician
relationship
is
the
rationale
for
other
laws,
such
as
the
Anti-Kickback
Statute,
which
criminalizes
conduct
in
steering
referrals
that
is
routine
in
many
other
industries.

Healthcare
leaders
should
press
this
case
with
federal
lawmakers
and
policymakers
while
we
have
this
pause
in
the
FTC’s
rulemaking.
No
matter
what
happens
in
court,
this
is
one
genie
that
isn’t
going
back
in
the
bottle
any
time
soon.


Photo:
FG
Trade,
Getty
Images


Jasen
Gundersen,
MD
,
is
CEO
of

CardioOne
,
a
cardiology-focused
care
delivery
enablement
company,
and
is
a
member
of
the
board
of
the
American
Independent
Medical
Practice
Association.

This
post
appears
through
the MedCity
Influencers

program.
Anyone
can
publish
their
perspective
on
business
and
innovation
in
healthcare
on
MedCity
News
through
MedCity
Influencers. Click
here
to
find
out
how
.