Why AI Governance Is the Number 1 Issue on This Health System Exec’s Mind – MedCity News

Make
no
mistake:
the
hype
surrounding
generative
AI
in
the
healthcare
sector
is
still
going
strong.
Overall,
the
industry
is
excited
about
the
technology’s
potential
to
alleviate
burnout,
increase
operational
efficiency
and
improve
patient
outcomes

but
healthcare
leaders
still
have
a
lot
of
work
to
do
when
it
comes
to
putting
the
appropriate
guardrails
around
such
a
novel
form
of
technology.

When
I
asked
Jason
Hill,

Ochsner
Health
’s
innovation
officer,
about
the
state
of
AI
governance
in
healthcare,
he
said
that
the
issue
weighs
heavily
on
his
mind.

“I
go
to
sleep
most
nights
and
wake
up
most
mornings
worrying
about
that
one
thing,”
he
remarked
during
an
interview
last
month
at

HLTH

in
Las
Vegas.

In
his
view,
providers
and
other
healthcare
organizations
are
in
dire
need
of
standardized
frameworks
they
can
adopt
to
ensure
their
AI
tools
are
safe
and
perform
well
over
time.

“If
I
had
millions
of
dollars
right
now
to
make
a
startup,
I
would
create
a
company
that
could
provide
a
quality
assurance
framework
for
AI.
In
my
mind,
it’s
not
a
matter
of
if
it’s
going
to
be
regulated

it’s
a
matter
of
when
it’s
going
to
be
regulated,
and
how.
The
first
company
to
market
that
has
an
established
system
for
that

when
that
regulation
happens,
which
we
don’t
know
when
it
will

will
be
the
winner,”
Hill
explained.

He
thinks
that
future
AI
regulations
will
encompass
two
categories:
the
technology
side
and
the
operations
side.

For
the
technology
side,
Hill
thinks
that
AI
regulations
will
focus
on
whether
generative
AI
models
are
hallucinating
and
whether
those
hallucinations
are
clinically
relevant.
On
the
operational
side
of
things,
health
systems
will
have
to
do
a
better
job
of
making
sure
they
aren’t
infected
with
“new
shiny
thing
syndrome,”
he
said.

“If
cardiology
comes
to
me
and
says,
‘Hey,
look
at
this
cool
stethoscope
thing

it
actually
detects
valve
stenosis
and
helps
us
get
people
into
valvuloplasties.’
What
I
would
then
say
to
cardiology
is,
‘Awesome.
I
need
you
to
look
at
50
of
what
that
AI
outputs
a
week,
and
then
I
need
you
to
judge
its
effectiveness
on
a
rating
scale
of
1-10.’
Then
that’s
going
to
be
built
into
the
contract

and
if
I
don’t
see
those
results
for
more
than
four
weeks,
we’re
going
to
cancel
the
contract.
Operational
needs
to
have
some
skin
in
the
game
for
if
their
thing
works,”
he
explained.

From
Hill’s
vantage
point,
he
would
like
to
see
hospital
leaders
“harness
some
of
the
hype
and
turn
it
into
a
commitment.”

He
believes
that
AI
governance
doesn’t
just
apply
to
the
safety
checks
that
are
performed
before
a
health
system
decides
to
put
a
tool
into
practice.
To
him,
ongoing
quality
assurance
is
just
as
important.


Photo:
SIphotography,
Getty
Images

Morning Docket: 11.06.24 – Above the Law

*
To
all
you
public
defenders
trying
to
get
criminal
clients
off…
have
you
considered
just
winning
the
electoral
college?
[Guardian]

*
If
you’re
the
worst
student
at
your
law
school,
but
belong
to
FedSoc
and
want
a
federal
judgeship,
STAY
IN
LINE.
[Yale
Daily
News
]

*
Law
firms
ask
judge
to
dismiss
“incoherent”
lawsuit.
[ABA
Journal
]

*
Tug
of
war
continues
as
voters
reinstall
prosecutor
that
DeSantis
removed.
[Bloomberg
Law
News
]

*
The
firms
poised
to
benefit
from
hitching
their
brand
to
the
convicted
felon
rapist
guy.
[Law360]

*
A
fake
money
business
isn’t
the
height
of
professionalism?
Shocking.
[The
Recorder
]

*
Cute!
States
seek
to
enshrine
reproductive
rights
in
their
constitutions
like
that
will
matter.
[NPR]

The Gold Star Standard For Election Day – Above the Law



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


In
the
2020
presidential
election,
which
state
had
the
highest
voter
turnout?


Hint:
Overall,
66.7
percent
of
eligible
voters
cast
ballots
in
the
last
presidential
election,
but
80%
of
the
electorate
did
in
this
state.
The
state
with
the
lowest
voter
turnout
in
2020
was
Oklahoma,
with
only
55%
of
voters
casting
ballots.



See
the
answer
on
the
next
page.

Supreme Courts of Delaware and Georgia Act to Regulate Use of Generative AI in the Courts

In
a
coincidence
of
timing
that
reflects
how
legal
professionals
are
wrestling
with
issues
around
generative
artificial
intelligence,
the
supreme
courts
of
Delaware
and
Georgia
issued
orders
within
a
day
of
each
other
last
week
relating
to
the
use
of
AI
in
the
courts
and
by
legal
professionals.

On
Oct.
21,
the
Delaware
Supreme
Court

adopted
an
interim
policy

providing
guidance
on
the
use
of
gen
AI
by
judges
and
court
personnel.

The
next
day,
the
Supreme
Court
of
Georgia,
following
up
on

its
August
order

forming
an
Ad
Hoc
Committee
on
Artificial
Intelligence
and
the
Courts,

appointed
the
committee’s
16
members
,
who
held
their
first
meeting
the
next
day.

Delaware:
‘Users
Are
Responsible’

The
Delaware
policy
was
developed
and
recommended
by
the
Delaware
Commission
on
Law
and
Technology,
which
the
court
originally
established
in
2013
to
provide
lawyers
with
guidance
and
education
regarding
the
use
of
technology
in
law
practice.

The
policy
allows
the
use
of
gen
AI
tools
by
“all
judicial
branch
judicial
officers,
employees,
law
clerks,
interns,
externs,
and
volunteers.”
It
sets
out
five
policies
regarding
use
of
gen
AI
by
those
employees
(the
following
is
quoted
directly
from
the
policy):

  1. Authorized
    User
    Remains
    Responsible.
    Any
    use
    of
    GenAI
    output
    is
    ultimately
    the
    responsibility
    of
    the
    Authorized
    User.
    Authorized
    Users
    are
    responsible
    to
    ensure
    the
    accuracy
    of
    all
    work
    product
    and
    must
    use
    caution
    when
    relying
    on
    the
    output
    of
    GenAI.
  2. Informed
    Use.
    Authorized
    Users
    should
    not
    use
    Approved
    GenAI
    without
    a
    working
    knowledge
    and
    understanding
    of
    the
    tools.
    Authorized
    Users
    should
    be
    trained
    in
    the
    technical
    capabilities
    and
    limitations
    of
    Approved
    GenAI
    prior
    to
    use.
  3. Decision
    Making.
    Authorized
    Users
    may
    not
    delegate
    their
    decision-making
    function
    to
    Approved
    GenAI.
  4. Compliance
    with
    Laws
    and
    Judicial
    Branch
    Policies.
    Use
    of
    GenAI
    must
    comply
    with
    all
    applicable
    laws
    and
    judicial
    branch
    policies.
  5. Non-Approved
    GenAI.
    Authorized
    Users
    may
    not
    input
    any
    Non-Public
    Information
    into
    Non-Approved
    GenAI.
    Non-Approved
    GenAI
    may
    not
    be
    used
    on
    State
    Technology
    Resources.

The
policy
also
creates
a
category
of
“Approved
GenAI,”
which
are
tools
that
have
been
approved
by
the
court
system’s
administrative
office.

Georgia:
Protecting
Public
Trust

In
Georgia,
the
Supreme
Court
issued
an
order
appointing
the
members
of
its

Ad
Hoc
Committee
on
Artificial
Intelligence
and
the
Courts
.
Their
charge
is
to
assess
the
risks
and
benefits
of
the
use
of
gen
AI
on
the
courts
and
to
make
recommendations
“to
ensure
that
the
use
of
AI
does
not
erode
public
trust
and
confidence
in
the
judicial
system.”

All
but
three
of
the
16
committee
members
are
judges,
clerks
and
court
administrators.
Of
the
other
three,
one
represents
the
State
Bar
of
Georgia,
one
represents
the
Public
Defender
Council,
and
one
is
the
solicitor-general
for
Georgia’s
Cherokee
County.

The
committee
held
its
first
meeting
on
Oct.
23.

Lawyers, Take Note: Microsoft Offers Current Advice On Cybersecurity – Above the Law

Ed.
note
:
This
is
the
latest
in
the
article
series,


Cybersecurity:
Tips
From
the
Trenches
,

by
our
friends
at

Sensei
Enterprises
,
a
boutique
provider
of
IT,
cybersecurity,
and
digital
forensics
services.

As
November
begins,
it’s
a
great
time
for
lawyers
to
spend
a
few
moments
reflecting
on
tips
and
lessons
learned
during
the
annual
Cybersecurity
Awareness
Month
that
just
concluded.
There
have
been
vast
changes
in
the
cybersecurity
realm
over
the
past
year,
including
the
dominance
of
Artificial
Intelligence
(AI)
and
its
effect
on
cybersecurity,
both
the
good
and
bad,
and
the
persistence
of
phishing
attacks.
With
each
passing
day,
month,
and
year,
cybersecurity
challenges
continue
to
grow
for
lawyers.

Microsoft
has
released
its
rundown
on
the
year
in
review,
offering
simplified
advice
and
cybersecurity
steps
to
help
protect
your
data
and
systems.
Lawyers
love
it
when
complex
technical
jargon
is
broken
down
into
easy-to-understand
concepts
with
steps
to
implement,
especially
when
the
information
is
free.


Use
Strong
Passwords
and
a
Password
Manager

Microsoft
now
recommends
that
passwords
never
expire.
Yes,
you
read
that
correctly.
You
can
increase
your
firm’s
Secure
Score
(a
percentage
value
of
your
Microsoft
365
environment
security
settings
compared
to
firms
of
similar
size
and
industry)
by
setting
up
your
users
with
passwords
that
do
not
expire.

That
seems
contradictory
to
the
last
20
years
of
password
policies.
By
using
a
complex
password
of
14
characters
or
more,
in
coordination
with
a
password
manager,
users
no
longer
must
change
their
passwords
every
30,
60,
or
90
days

in
many
cases,
users
by
habit
will
just
increase
the
number
at
the
end
of
the
password
or
write
the
password
down
on
paper
(or
keep
it
in
a
Word
file)
if
too
complex.
Users
should
be
using
a
password
manager,
so
they
don’t
have
to
remember
strong,
complex
passwords

let
the
software
do
it
for
you!
This
also
can
eliminate
password
reuse
between
different
accounts

another
big
cybersecurity

no-no
.
There
are
many
different
password
managers
out
there,
including
the
Microsoft
Authenticator
app

which
you
probably
are
already
using
for
MFA
(and
it’s
free).

Here
is
a
gentle
reminder
for
all
lawyers.
Do
not
save
your
passwords
within
your
browser.
It
doesn’t
matter
which
browser
you
use,
Chrome,
Firefox,
Edge,
or
Safari,
do
not
do
it.
Close
out
of
the
prompt
or
select
the
Never
option
when
the
browser
prompts
you.
If
your
computer
were
to
be
compromised,
attackers
would
have
quick
access
to
all
the
keys
to
your
firm’s
kingdom.


Turn
on
Multifactor
Authentication

There’s
not
much
to
expand
on
here
and
we
are
well
beyond
the
complaining
about
the
“inconvenience
to
users”
phase
of
this
foundation
for
a
strong
cybersecurity
posture.
If
MFA
is
offered
by
your
service
provider,
which
it
probably
is
these
days,
turn
it
on.
Only
MFA
can
prevent
up
to
99.99%
of
business
account
takeover
attacks
and
keep
the
attackers
out
of
your
mailbox
and
bank
accounts.


Learn
to
Recognize
and
Report
Phishing

Phishing
attacks
remain
the
number
one
concern
of
IT
and
cybersecurity
departments
and
continue
to
cause
long,
sleepless
nights
for
firm
management.
The
primary
way
for
users
to
get
better
at
detecting
a
phishing
email
and
not
falling
victim
to
it
is
through
training.
Mandatory
cybersecurity
awareness
training
with
phishing
simulations
is
the
best
way
to
educate
your
users
and
increase
their
ability
to
detect.
When
a
user
doesn’t
pass
the
simulation
test,
they
can
be
presented
with
short,
educational
videos
to
help
reinforce
detection
concepts.

Training,
in
coordination
with
a
strong
email
protection
solution,
can
help
keep
those
persistent
phishing
attempts
out
of
your
inbox.
Phishing
emails
are
getting
harder
and
harder
to
recognize
with
the
use
of
AI
to
generate
the
content
for
them.
And
yes,
users
should
never
provide
credentials
when
clicking
on
a
link
from
an
unrecognized
sender,
let
alone
enter
their
MFA
code.
Instead,
users
should
report
the
phishing
attempt
to
IT
support,
and
shift-delete
the
email
out
of
the
mailbox.


Keep
Your
Software
Updated

Vulnerabilities
should
never
be
overlooked
or
forgotten.
Zero-day
exploits
and
critical
security
patches
and
updates
to
fix
them
are
released
frequently
throughout
the
year,
by
most
vendors.
Keeping
your
systems
and
software
updated
continues
to
remain
a
priority
in
a
good,
well-established
cybersecurity
plan.

Taking
users
out
of
the
equation
is
the
best
course
of
action.
Automating
both
operating
system
updates
and
third-party
software
updates
is
key
to
patches
being
applied
rather
than
put
off
by
users

a
common
reaction
to
the
pesky
Windows
prompts
that
updates
are
ready
to
be
installed
and
the
computer
restarted.
If
your
firm
is
using
Microsoft
Intune
for
device
management,
you
can
create
a
policy
to
apply
to
your
devices
to
automate
this
process
at
no
added
cost.

If
your
firm
is
working
with
a
managed
IT
services
provider,
ask
them
about
automating
the
process
for
you,
since
they
probably
have
Remote
Monitoring
and
Management
(RMM)
software
installed
on
your
endpoints.
For
mobile
devices,
users
should
download
and
install
the
updates
when
they’re
prompted.

See,
that
wasn’t
too
bad.
These
four
simple
steps
can
be
quickly
implemented
by
lawyers
at
no
or
little
additional
cost.
One
day
firm
management
may
be
able
to
sleep
well
at
night,
but
not
anytime
soon.
Especially
if
you
haven’t
started
to
take
the
most
basic
cybersecurity
steps
to
protect
your
accounts
and
client
data.




Sharon
D.
Nelson
([email protected])
is
a
practicing
attorney
and
the
president
of
Sensei
Enterprises,
Inc.
She
is
a
past
president
of
the
Virginia
State
Bar,
the
Fairfax
Bar
Association,
and
the
Fairfax
Law
Foundation.
She
is
a
co-author
of
18
books
published
by
the
ABA.



John
W.
Simek
([email protected])
is
vice
president
of
Sensei
Enterprises,
Inc.
He
is
a
Certified
Information
Systems
Security
Professional
(CISSP),
Certified
Ethical
Hacker
(CEH),
and
a
nationally
known
expert
in
the
area
of
digital
forensics.
He
and
Sharon
provide
legal
technology,
cybersecurity,
and
digital
forensics
services
from
their
Fairfax,
Virginia
firm.



Michael
C.
Maschke
([email protected])
is
the
CEO/Director
of
Cybersecurity
and
Digital
Forensics
of
Sensei
Enterprises,
Inc.
He
is
an
EnCase
Certified
Examiner,
a
Certified
Computer
Examiner
(CCE
#744),
a
Certified
Ethical
Hacker,
and
an
AccessData
Certified
Examiner.
He
is
also
a
Certified
Information
Systems
Security
Professional.

RNC Face Plants In Suit To Toss Out Georgia Ballots – Above the Law

The
RNC
clownsuits
have
already
begun!
This
afternoon,
RNC
lawyer
Alex
Kaufman
donned
his
big
red
nose
and
stomped
his
giant
clown
shoes
all
over
the
federal
docket
in
the
Southern
District
of
Georgia.
And
for
it,
he
got
read
for
filth
by
Judge
R.
Stan
Baker,
a
Trump
appointee.

“I
understand
that
in
today’s
day
and
time,
individuals
may
play
fast
and
loose
with
the
facts,
but
we
don’t
do
that
in
this
courtroom.
When
a
lawyer
speaks,
this
court
expects
that
the
lawyer
and
their
clients
present
nothing
more
than
the
ruth.
Our
system
of
justice
demands
it,”
he
said
from
the
bench.
“Plaintiffs
counsel
missed
that
mark
in
this
case.”

The
gravamen
of
the
complaint
was
that
election
officials
in
several
counties
accepted
hand-delivered
absentee
ballots
over
the
weekend,
and
that
is
against
Georgia
law.
Or
if
it
is
not
against
the
law,
other
counties
did
not
accept
ballots
over
the
weekend,
and
that
violates
the
Equal
Protection
Clause.

The
problem
with
the
first
argument
is
that
Fulton
County
Superior
Court
Judge
Kevin
Farmer
already
dropkicked
it
last
week,
lecturing
Kaufman
that
he
was
confusing
advanced
voting
with
absentee
voting.
And
the
problem
with
the
second
argument
is
that
slightly
different
ballot
access
between
counties
has
never
been
deemed
to
violate
Equal
Protection.
Plus
the
plaintiffs
had
no
idea
which
counties
accepted
ballots
over
the
weekend,
and
which
did
not

indeed,
their
complaint
alleged
that
Athens-Clarke
County
remained
open,
and
its
lawyer
represented
to
the
Judge
Stan
Baker
that
it
did
not.

But
other
than
that

bang-up
job,
RNC!

The
four-hour
hearing
was
what
could
charitably
be
described
as
a
shitshow.
Kaufman’s
first
witness,
an
RNC
official,
was
unable
to
explain
why
his
organization
was
surprised
to
find
election
offices
open
over
the
weekend.
Was
this
standard
practice
over
several
election
cycles?
(Yes.)
Did
the
counties
provide
adequate
notice
that
they
intended
to
accept
absentee
ballots
over
the
weekend?
(Also,
yes.)
He
could
not
say!

His
second
witness
was
a
Georgia
GOP
official
who
testified
that
she
filmed
herself
trying
to
observe
the
receipt
of
absentee
ballots
in
Fulton
County,
but
was
turned
away.
This
appears
to
have
been
the
result
of
a
mix-up,
and
within
a
couple
of
hours,
observers
were
allowed
in.
The
witness
conceded
that
she
was
permitted
to
enter
the
building
once
she
promised
to
stop
filming,
but
declined
the
offer.

When
counsel
for
Chatham,
Cobb,
Clarke,
Clayton,
Gwinnett,
and
DeKalb
Counties
were
up
for
argument,
they
pointed
out
that
the
state
court
had
explicitly
rejected
Kaufman’s
interpretation
of
Georgia
law,
which
turns
on
a
seemingly
deliberate
confusion
of
absentee
ballots
and
early
voting.
They
noted
that

most
counties

across
the
state
kept
the
doors
open
and
accepted
hand-returned
absentee
ballots,
but
the
RNC
chose
only
to
challenge
the
practice
in
seven
large,
Democratic-leaning
counties.
And
they
accused
the
plaintiffs
of
forum
shopping,
since
most
of
the
defendant
counties
were
in
the
Northern
District
of
Georgia,
not
the
Southern.

If
that
last
accusation
was
correct,
the
RNC’s
plan
appears
to
have
backfired
in
spectacular
fashion.
From
the
first,
Judge
Baker
refused
to
accept
that
allowing
voters
to
cast
ballots
had
a
partisan
valance,
tut-tutting
that
referring
to
them
as
“Democrat
counties”
was
inappropriate.

When
Kaufman
and
his
colleague
Dwight
Feemster
suggested
that
they
believed
other
counties
did
not
accept
ballots
over
the
weekend,
the
judge
chided
them
for
failing
to
submit
evidence.

“You
don’t
believe
it,
but
there’s
no
evidence
in
the
record,
correct?”

And
when
they
mumbled
that
the
Georgia
statute
in
question
was
complicated,
he
cut
them
off,
saying,
“Just
because
it
cuts
against
your
client
doesn’t
make
it
difficult?”

After
a
brief
recess,
Judge
Baker
returned
to
issue
his
ruling
from
the
bench.
He
denied
the
request
to
segregate
the
ballots
accepted
over
the
weekend
for
all
the
reasons:
lack
of
jurisdiction,
comity,
traditional
injunction
factors, Purcell
principle,
laches,
lack
of
evidence,
etc.
He
also
read
Kaufman
and
Feemster

for
filth

in
a
hearing
that
was
telecast
live

almost
like
he
knew
that
this
shit
matters
for
a
functioning
democracy!

In
a
folksy
ruling,
read
out
in
his
strong
Georgia
twang, the
judge
dinged
the
lawyers
for
failing
to
exercise
“basic
reading
comprehension
skills,”
joking
that
the
defendants
would
require
a
“flux
capacitor”
for
time
travel
to
comply
with
the
plaintiffs’
interpretation
of
the
law.

“If
you
read
the
entirety
of
the
statute
instead
of
cherry-picking
it,
you’d
realize
that
the
defendants
did
not
violate
it
at
all,”
he
scolded.

He
seemed
incredulous
that
the
plaintiffs
would
demand
that
legitimate
voters
who
cast
their
ballot
in
good
faith
would
have
their
votes
discarded
in
“Democrat
counties,”
while
voters
who
did
the
same
in
“Republican
counties,”
who
were
not
named
as
defendants,
would
not.
How
could
this

not

be
a
violation
of
Equal
Protection,
the
court
wondered.

And
he
accused
the
plaintiffs
of
making
arguments
that
were
“factually
and
legally
incorrect”
to
reinforce
false
narratives
about
voting.

“Lawyers’
words
matter,”
Judge
Baker
admonished,
warning
that
there
could
be
“fierce
repercussions
for
lawyers
who
violate
that
duty
of
candor.”

And
although
he
declined
to
impose
sanctions,
he
warned
against
further
shenanigans
when
the
country
is
on
edge.

“Please
don’t
take
us
any
closer
to
that
ledge,”
he
concluded.

All
in
all,
it
was
a
helluva
day
for
the

vaunted
legal
machine

the
RNC
spent
the
past
four
years
building,
to
the

potential
exclusion

of
GOTV
efforts.
Lara
Trump,
take
a
bow!


RNC
v.
Mahoney
 [Docket
via
Court
Listener]





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

Hundreds Of Biglaw Attorneys Staffing Election Protection Hotline To Help Voters – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


Almost
every
year,
there’s
an
issue
about
a
poll
worker
not
showing
up
or
delay
in
a
polling
station
to
be
open…
You
have
complaints
about
long
lines
of
polling
stations.
I
hope
that
what
we
are
doing
is
providing
a
service
to
voters
to
ensure
that
they
can
go
out
and
vote
and
understand
that
their
votes
will
be
counted.





Jeff
Wilhelm
,
counsel
at
Reed
Smith,
in
comments
given
to
the

American
Lawyer
,
on
how
he’s
trying
to
coordinate
logistics
of
the
in-person
command
center
for
the
national
nonpartisan
Election
Protection
voter
hotline
(866-OUR-VOTE)
at
the
firm’s
Pittsburgh
office.
The
command
center
is
charged
with
monitoring
issues
reported
to
the
hotline
and
coordinating
responses
for
escalated
issues.
Hundreds
of
lawyers
hailing
from
Baker
McKenzie;
Cooley;
Davis
Polk;
Dechert;
Gibson
Dunn;
Lowenstein
Sandler;
Manatt
Phelps
&
Phillips;
Morgan
Lewis;
Mayer
Brown;
Proskauer
Rose;
Reed
Smith;
Stinson;
and
Wilmer
Hale
are
staffing
the
Election
Protection
voter
hotlines
this
Election
Day.



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
.

Attorney’s Response To A Zelle Typo Could Be A Stain On Her Career – Above the Law

Collecting
on
the
money
you
are
owed
is
one
of
the
most
important
aspects
of
running
a
successful
practice.
That
said,
there
are
a
few
times
when
trusting
that
the
money
will
get
back
to
you
is
actually
the
smart
move.
A
lawyer
from
Ohio
is
facing
an
ethics
complaint
after
handling
a
Zelle
typo
so
poorly
that

it
reads
more
like
a
Lonely
Island
song
premise

than
something
you’d
hear
a
reasonable
person
out
on.
The

ABA
Journal

has
coverage:

Christine
Baker
had
intended
to
send
$550
to
her
husband,
Zachary
Reynolds,
on
Sept.
19
and
20
in
2023.
Instead,
she
typed
an
email
address
that
apparently
differed
from
her
husband’s
by
one
character
and
sent
the
money
to
an
Illinois
resident
named
Zack
Reynolds,
the
ethics
complaint
says.

By
Sept.
22,
2023,
Baker
had
learned
Illinois
Reynolds’
cellphone
number,
email
address,
personal
address,
employer,
charity
affiliations,
wife’s
identity,
contact
information
for
his
wife’s
employer
and
his
wife’s
email
address.

Barring
some
Contract
restatement
that
makes
it
clear
typing
the
wrong
email
in
Zelle
entitles
you
to
lightly
stalk
your
victim,
it
seems
like
the
reasonable
thing
to
do
would
be
to
contact
your
bank,
inform
them
of
your
error
and
let
them
do
the
rectifying.
But
why
do

literally
nothing

when
you
could
do
the
most
instead?
Baker
decided
to
reach
out
to
Zack
Reynolds
(the
wrong
one)
and
pelt
him
with
orders
and
lawsuit
threats.
These
include
but
aren’t
limited
to:


A
text
to
Illinois
Reynolds,
telling
him
that
his
retention
of
the
money
is
“unlawful,”
and
if
he
did
not
return
the
money
in
24
hours,
“collection,
garnishment
and
all
available
recovery
methods
will
commence,
including
notifying
your
employer
of
your
conduct.”


Another
text
threatening
to
sue
Illinois
Reynolds,
informing
him
that
he
is
a
“thief,”
threatening
to
tell
a
charity
affiliated
with
Reynolds
that
he
committed
a
“theft,”
and
saying
she
should
share
the
information
with
“anyone
with
a
basic
internet
connection.”


Yet
another
text
telling
Illinois
Reynolds
that
he
and
his
wife
were
being
named
in
a
civil
action
for
unjust
enrichment.
The
text
included
an
address
thought
to
be
his
“in
an
effort
to
intimidate”
him
and
his
wife,
according
to
the
complaint.

If
you
are
going
to
shame
and
blackmail
someone
over
a
mistake
they
played
no
real
role
in,
it
should
be
over
way
more
than
$550!
Zack
Reynolds
was
advised
by
his
bank’s
fraud
department
and
his
attorney
to
let
his
bank
handle
it.
And
they
did

Baker
got
her
money
back
within
two
weeks
of
her
initial
screw-up.
It
should
have
ended
there,
but
she
filed
a
lawsuit
on
October
30th
this
year
arguing
that
she
is
owed

over
$15k
in
damages

that
ultimately
got
her
in
trouble.
The
next
day,
an
ethics
complaint
was
filed
that
alleged
she
filed
a
lawsuit
with
false
statements
without
basis
in
law
or
fact.

This
is
why
it
is
important
to
have
good
friends
who
you
can
bounce
ideas
off
of.
Hell,
a
quick
skim
of
the
Art
of
War
in
a
pinch.
Maybe,
just
maybe,
then
it
would
have
clicked
that
spending
more
value
in
man
hours
than
the
cost
of
the
thing
sought
is
a
waste
of
time
and
money.
That’s
time
you
could
have
spent
on
a
client’s
matter,
developing
your
book
of
business,
or
even
catching
up
on
SNL
cold
opens.
Getting
the
$550
back
in
early
October
was
a
prime
moment
to
deescalate
and
cut
losses.
You
might
not
have
gotten
your
vengeance,
but
you
could
have
had
peace
of
mind.
Now
you’ve
got
an
ethics
complaint
to
deal
with

something
people
would
easily
pay
a
couple
hundred
bucks
to
avoid
altogether.


Lawyer’s
Mistaken
Zelle
Transfer
Leads
To
Ethics
Complaint

[ABA
Journal]



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.

When Will Rageful Democrats Embrace Trump’s Message Of Peace, Wonders Dumbest Law Professor Alive – Above the Law

(Photo
by
David
Becker/Getty
Images)

Campaign
ads
may
soon
leave
your
televisions,
but
that
doesn’t
mean
Jonathan
Turley
is
done
trying
to
squeeze
another
15
minutes
of
cable
news
fame
out
of
this
contest.
The
GW
Law
professor

though
he
seems
to

consider
“journalism”
as
his
current
profession


has
slipped
one
more
hot
take
in
under
the
wire
before
the
polls
close
tonight.
He
has

a
new
article
at
Fox.com
,
Turley’s
patron
in
his
quest
for
TV
stardom,
bemoaning
the
level
of
“rage”
behind
this
election.

And
by
“rage”
he
means
specifically
AND
EXCLUSIVELY
“Democrats
criticizing
Trump.”

When
President
Joe
Biden
took
the
podium
in
his
hometown
of
Scranton,
Pa.,
to
campaign
for
Vice
President
Kamala
Harris,
many
expected
a
return
to
the
“self-professed
unifier”
Biden
from
the
2020
election,
particularly
after
his
recent
comments
calling
tens
of
millions
of
Trump
supporters
“garbage.”

Wow,
what
were
the
odds
that
Turley
would
be
an
Apostrophe
Truther?
Gotta
be
like
1-in-1,
right?

Like
any
committed
sycophant,
Turley

dutifully
climbed
on
board
with
the
theory

that
while
an
apostrophe
is
inaudible
to
most
humans,
he
can
personally
hear
the
difference
between
“supporter’s”
and
“supporters”
and
can
confirm
that
Biden
said
the
latter.
This
pet
theory
of
the
right

and
by
this
I
mean
a
“pet”
theory
they
devote
special
attention
to
and
not
a
“pet”
theory
about
migrants
eating
cats

only
makes
sense
if
you
assume
Joe
Biden
has
no
idea
how
subject-verb
agreement
works.
Because
when
someone
says
“The
only
garbage
I
see
floating
out
there

IS
…”
they’re
unlikely
to
be
referring
to
“tens
of
millions.”

If
so,
they
were
disappointed
when
it
turned
out
to
be
the
“take
him
behind
the
Gym”
Biden.
Speaking
through
clenched
teeth,
Biden
seethed
that
he
wanted
to
“smack
[Trump]
in
the
ass.”
Even
with
the
Harris
campaign
alarmed
over
his
costly
gaffes,
Biden
clearly
could
not
resist
the
rage.
He
is
not
alone.

Oh
no!
A
spanking?
Political
violence
of
the
highest
order,
to
be
sure.
Nothing
could
possibly
compare
to
this
threat
of
vicious
buttwarming.

In
the
last
week,
Trump
got
his
audience
hyped
up
to
imagine
Liz
Cheney
staring
down
nine
rifles:

In
Trump’s
defense,
he
wasn’t
suggesting
that
he’d
put
the
former
high-ranking
GOP
congresswoman
in
front
of
a
firing
squad,
but
critiquing
her
hawkish
foreign
policy
politics
despite
never
serving
herself.
I
dunno,
maybe
she
has
bone
spurs.

But
that
doesn’t
make
Trump’s
remarks
any
less
of
a
violent,
evocative
image
tailored
for
an
audience
that
tried
to
hang
Trump’s
own
vice
president
the
last
time
he
accused
a
Republican
of
disloyalty
to
Dear
Leader.

Plus
the
claim
seems
factually
dubious.

On
the
heels
of
these
remarks,
Trump
showed
a
lighter
side
while
pointing
to
the
bulletproof
glass
at
his
rallies.
And
by
“lighter
side,”

we
mean
:

Speaking
about
the
bulletproof
glass
positioned
in
front
of
his
lectern,
the
former
president
said
that
for
a
bullet
to
hit
him
in
an
attempted
assassination,
a
shooter
would
have
to “shoot
through
the
fake
news,
and
I
don’t
mind
that
so
much.”

Turley
wrote
some
disingenuous
tripe
about
protecting
the
press
less
than
a
week
ago
(addressed
here
).
Apparently
his
concern
for
his
profession
does
not
extend
to
telling
the
folks
that
stormed
the
Capitol
that
he
wouldn’t
mind
someone
killing
the
press
corps.

But
again,
no
comparison
to
a
man
about
to
turn
82
joking
about
a
schoolyard
fistfight.


Literally
last
night…

Also,
who’s
praising
Penn
State
after
Saturday?
That
might
have
been
the
most
embarrassing
sequence
of
goal
line
playcalling
in
history!

In
any
event,
Trump
continued:

We
could
go
on
and
on
pointing
to
the
unhinged
violent
rhetoric
from
this
guy
that
Turley
steadfastly
refuses
to

even
acknowledge

in
an
article
about
“rage”
in
elections.
Remember
when

he
told
his
followers
he’d
pay
their
legal
fees
if
they
beat
up
protestors
?
He

ultimately
refused
after
they
took
him
up
on
it
.
Hell,
if
Turley
thinks
Kathy
Hochul
saying
it’s
“anti-American”
to
support
Trump
is
bad

and
it
is
the
very
example
he
opens
his
article
with

then
where’s
Turley’s
scolding
of

Trump
referring
to
Democrats
generally
as
“the
enemy
within?”

Again,
we
could
go
on
but
the
Penn
State-UFC
Migrant
Smackdown
remarks
form
a
poignant
bookend
to
Turley’s
pathetic
polemic.

However,
in
flying
to
New
York
this
weekend
to
join
the
Fox
election
coverage,
I
had
a
moment
of
real
hope.
I
was
driven
to
the
airport
by
a
man
who
told
me
that
he
was
just
months
from
his
citizenship
and
how
he
and
his
wife
were
so
thankful
to
soon
be
U.S.
citizens.
He
came
from
a
Middle Eastern
nation
where
he
long
admired
the
United
States
for
its
freedoms,
particularly
the
freedom
of
speech….

He
then
told
me
how
confused
he
and
his
wife
are
by
this
election.
They
love
the
United
States
and
cannot
understand
why
people
are
so
hateful
and
angry.
“It
is
like
they
do
not
understand
what
they
have
here,”
he
noted.

Turley
milks
this
anecdote
to
provide
an
illusion
of
gravitas
to
the
piece.
But
you
can’t
begin
to
process
the
dissonance
of
juxtaposing
this
Horatio
Alger,
Shining
City
on
A
Hill
bullshit
in
an
article
lifting
up
a
candidate
who
used
his
office
to

kidnap
migrant
children
for
up
to
four
years

and
now
glibly
talks
about
converting
college
football
players
into
Ultimate
Fighting
Gladiators
to
brutalize
immigrants
for
his
amusement.

Trump

literally

imposed
a
ban
on
Muslim
immigrants.
Like,
you
know,
the
friendly
man
that
Turley
turned
into
a
pawn
to
put
a
vaguely
artsy
frame
on
his
MAGA
agitprop.

Gee,
why
are
people
“so
hateful
and
angry”
muses
the
immigrant
driver,
pleasantly
chatting
with
a
law
professor
who
spends
his
waning
career
offering
pseudo-intellectual
cover
for
a
movement
frothing
at
the
mouth
that
migrants
are
eating
all
the
dogs
and
cats.

If
he
only
knew.
Dude,
the
problem
is
coming
from
inside
the
car!


Earlier
:

‘Bezos
Could
Do
For
The
Media
What
Musk
Did
For
Free
Speech,’
Says
Law
Professor
Unironically




HeadshotJoe
Patrice
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A
Lawyer
.
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