Unveiling Hidden Deal Insights: GenAI For Powerful Negotiation And Exceptional Client Service – Above the Law



When
it
comes
to
finding
precedent
deal
data
and
what’s
market,
transactional
lawyers
are
frustrated.


It
often
takes
in
excess
of
6-8
hours
to
find
a
precedent
deal
and
identify
relevant
deal
points
from
firm
documents.
And,
even
then,
lawyers
may
not
feel
they
are
getting
a
complete
picture
of
the
data.


Now
multiply
these
hours
exponentially
when



all


recent
precedent
deal
points
are
needed
as
a
reference
for
drafting
and
negotiation.
 


For
many
lawyers,
the
process
is
further
frustrated
by
the
number
of
steps

and
people

required
for
manual
deal
data
extraction.


When
a
new
deal
comes
in,
or
a
client
is
in
immediate
need
of
critical
information,
lawyers
start
the
hunt.
Often,
details
can’t
be
found
quickly,
and
others
are
engaged.
An
urgent
email
goes
out
looking
for
help.


From
accounting
to
knowledge
management
to
business
development,
professionals
across
the
firm
drop
everything
to
help
with
the
search.
Other
priorities
are
put
on
hold
as
the
team
scrambles
to
assemble
the
information,
often
from
various
sources,
all
while
the
client
waits.
The
team
puts
together
the
best
information
they
can
find
and
hopes
it
will
be
enough.    


Regardless
of
the
outcome,
this
is
not
an
ideal
process.  


Enter
Litera’s
new
solution
for
transactional
lawyers
and
knowledge
management
teams:


Foundation
Dragon
.


This
easy-to-use
platform
helps
lawyers
instantly
answer
complex
questions
by
using
GenAI
to
extract
deal
points
from
firm
deal
documents
and
pairing
it
with
matter
experience
data
to
quickly
and
accurately
get
you
the
answers
you
need,
when
you
need
them.


That
6-8
hours
it
can
take
an
associate
to
pull
deal
points
from
just
one
deal?
It’s
now
cut
down
to
minutes.


Furthermore,



all


of
your
firm’s
deals
are
in
one
searchable
place,
so
finding
the
most
relevant
precedent
deals
and
their
deal
points
for
comparison
is
simple
for
any
attorney
to
find

no
staff
needed. 


The
tool
verifies
data
with
minimal
human
input,
ensuring
the
highest
standard
of
accuracy
while
still
being
simple
and
intuitive. 


Getting
Started


Lawyers
typically
lack
the
time
to
learn
a
complex
new
system,
and
ease
of
onboarding
is
a
key
goal
for
any
legal
technology
tool. 


Foundation
Dragon
is
intuitive
and
easy
to
use. 


When
a
deal
closes,
simply
upload
the
closing
documents
to
Dragon,
select
the
appropriate
deal
type
and
Dragon
will
extract
and
load
the
deal
data
from
the
documents
into
the
system
quickly
and
easily.


To
help
get
a
new
system
off
the
ground,
Litera
also
offers
a
service
to
pre-populate
Foundation
Dragon
with
all
of
a
firm’s
historical
data.

Litera_01


Contrast
this
process
with
that
of
many
law
firms,
which
collect
experience
data
by
circulating
a
blank
survey
form
to
a
transaction
team.


The
latter
approach
requires
lawyers’
time
and
effort
to
fill
a
blank
page

and
often
achieves
mixed
results
in
collecting
usable
data. 


With
Foundation
Dragon,
the
system
will
automatically
extract
nearly
300
deal
points
for
an
M&A
transaction
within
minutes
of
a
document
upload,
and
the
commercial
real
estate
acquisition
version
of
Foundation
Dragon
extracting
over
90
deal
points.
Foundation
Dragon
now
supports
several
new
document
types,
including
commercial
real
estate
leases,
credit
agreements,
limited
partnership
agreements,
and
NDAs,
with
plans
to
introduce
more
in
the
coming
year.


The
system
then
delivers
a
populated
dashboard
of
all
the
deal
points
that
have
been
extracted. 


Instead
of
a
blank
survey,
a
transaction
team
receives
a
pre-existing
draft.
They
only
need
to
verify
the
accuracy
of
the
deal
point,
and
the
process
for
doing
so
is
intuitive.

Litera_02


A
click
on
a
deal
point
value
automatically
brings
up
the
relevant
portion
of
the
underlying
document.
With
one
click
of
the
button,
the
deal
point
can
then
be
marked
“verified”
in
the
system
or,
on
rare
occasions,
edited
to
the
correct
figure.


This
creates
a
workflow
where,
after
the
closing
of
a
deal,
an
attorney
who
worked
on
the
matter
can
verify
all
of
the
deal
points
in
a
matter
of
minutes. 


The
extracted
deal
points
will
then
be
accessible
to
all
lawyers,
be
included
in
aggregate
metrics,
and
be
available
for
marketing
and
business
development
efforts. 
Foundation
Dragon’s
insights
become
even
more
impactful
when
combined
with
Litera’s
experience
management
solution,
Foundation,
as
it
allows
you
to
push
the
extracted
deal
data
over
to
Foundation’s
matter
profiles.
This
means
firms
can
reap
the
benefits
of
automatically
populating
enhanced
deal
profiles
in
Foundation
with
minimal
effort.


Accessing
Your
Insights


Once
your
deals
have
been
uploaded
into
the
system,
your
users
can
put
the
data
to
work
through
an
efficient,
user-friendly
interface
that
displays
all
of
the
metrics
that
have
been
collected. 


One
view,
called
“market,”
contains
all
of
the
deal
points
as
aggregate
metrics,
based
on
every
deal
the
firm
has
uploaded. 


The
resulting
dashboard
allows
you
to
instantly
answer
the
question
of
“what’s
market?”
for
any
of
the
deal
points
the
system
collects. 

Litera_03


Looking
for
insights
based
on
a
specific
matter
or
group
of
matters?
A
few
clicks
narrow
the
data
points
down
to
that
subset. 


Each
deal
point
here
represents
the
type
of
data
that
would
often
have
to
be
found
by
having
a
knowledgeable
professional
comb
a
200-page
document
for
hours
on
end. 

Litera_04


A
group
of
up
to
five
deals
can
be
compared,
and
the
data
can
be
directly
exported
to
Excel. 


The
simplicity
of
the
design
is
particularly
helpful
when
comparing
deals.


Here,
all
of
the
deal
points
being
compared
are
laid
out
right
next
to
each
other
for
easy
visualization. 

Litera_05


From
document
upload
to
data
visualization,
Foundation
Dragon
provides
a
simple,
intuitive
process
that
requires
minimal
onboarding
while
delivering
impactful
insights
that
save
lawyers
time
and
a
client
billable
hours. 


Putting
Data
to
Work


For
the
legal
industry,
manually
curating
data
from
transactions
has
long
been
a
time-consuming
task
requiring
skilled
practitioners
and
delivering
mixed
results.


Some
firms
have
devoted
decades
to
creating
a
bespoke,
reasonably
efficient
process.
These
firms
have
distinct
advantages
in
accessing
data-driven
insights
from
precedential
deals
when
negotiating
transactions
and
advising
their
clients.


Firms
that
lack
such
a
system
often
rely
on
“reply
all”
emails
and
firmwide
fire
drills
instead

a
process
that
needlessly
consumes
resources
and
delivers
inferior
results. 


As
Foundation
Dragon
shows,
this
is
a
situation
that
can
be
effectively
addressed
by
generative
AI. 


Foundation
Dragon
offers
elite
data
tracking
and
reporting
to
all
transactional
lawyers

with
only
minimal
effort
on
the
lawyers’
part
to
get
it
up
and
running.
Dragon
gives
lawyers
the
ability
to
negotiate
from
a
position
of
strength
and
deliver
unparalleled
client
outcomes. 

How To Scare A Lawyer – Above the Law

It’s
usually
not
too
easy
to
scare
lawyers,
but
sometimes
clients
say
things
that
that
make
them
cower
in
fear.
Because
it’s
Halloween,
we
want
to
know
what
you
think
would
scare
a
lawyer
the
most.

As
first
seen
on
Facebook’s

Shit
Women
With
Law
Degrees
Say
,
there
are
definitely
some
phrases
that
will
make
lawyers
look
like
they’ve
seen
a
ghost.
But
which
phrases
are
the
spookiest
of
all?
We’ve
got
a
contest
for
that.

You
can
text
us
(646-820-8477),

email
us

(subject
line:
“4
Words
to
Scare
a
Lawyer”),
or

tweet
us

with
four
words
that
will
really
scare
a
lawyer,
then
we’ll
vote
on
the
scariest
phrase
of
all.
Thanks,
and
happy
Halloween!



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
.

ChatGPT Exec Says AI Will Replace $2000/Hr Paralegals… Who Wants To Tell Her? – Above the Law

Generative
AI
can’t
replace
lawyers
yet

unless
we
count

getting
sanctioned
as
a
core
legal
skill


but
maybe
it
can
handle
some
of
those
high-end
paralegal
duties.
Like
the
ones
you
delegate
to
your
$2000/hr
paralegals!

Wait,
what?

“Lawyers”
are
telling
her
this.

Look,
inflation
was
bad
for
a
few
months
there
but
it
was
never
“paralegals
billed
out
at
$2000/hr”
bad.
Even
if
we
generously
assume
the
lawyers
were
talking
about
Biglaw
junior
associates
instead
of
paralegals,
they’re
still
topping
out
at
around
$1000/hr.

But
this
story
also
doesn’t
make
any
sense
from
an
industry
perspective.

The
lawyer
creating
that
brief
wouldn’t
be
paying
“$1000-2000/hr”
for
whatever
rough
draft
or
cite
check
she’s
describing,
they’d
be
billing
that
to
the
client.
So
even
if
we
believe
this
completely
implausible
example
where
a
lawyer
is
paying
$60
to
replace
a
$2000/hr
billable…
that’s
going
to
be
a
reason
for
lawyers
NOT
to
adopt
AI.

If
the
firm’s
billable
revenue
significantly
outpaces
its
costs
there’s
no
incentive
to
shift
and
if
paralegals
brought
in
$2000/hr

which
is
$4
million
a
year
at
100%
utilization
(which
won’t
happen,
but
you
see
where
this
is
going)

there
would
never
be
a
reason
to
automate.

The
example
only
makes
sense
in
the
more
realistic
world
where
the
lawyer
bills
out
the
paralegal
for
$200/hr
but,
with
compensation
and
benefits,
ends
up
underwater
on
paralegal
work
by
the
end
of
the
year
and
GenAI
allows
the
firm
to
eliminate
a
full-time
employee.
And
they’re
not
probably
not
going
to
eliminate
a
full-time
employee
because
no
matter
how
many
tasks
GenAI
can
take
off
their
plates,
the
underlying
models
are
not
going
to
replace
the
most
human
of
tasks
meaning

especially
at
the
high
price
points
this
example
supposes

the
firm
is
just
forfeiting
a
lot
of
revenue
without
recouping
cost.

All
of
which
is
why
one
generative
AI’s
biggest
impacts
on
the
legal
industry
will
be
the
transition
away
from
the
billable
hour.
Yeah,
yeah,
I
know…
we’ve
heard
that
before.
But
this
time
the
ethical
rules
governing
lawyers
are
going
to
grease
the
wheels
toward
fixed
fee
billing.

Maybe
no
one
is
billing
out
the
paralegal
at
$2000/hr,
but
whatever
the
rate
there
are
still
hours
and
hours
of
paralegal
and
associate
work
that
AI
will
eliminate
through
speed
and
efficiency.
And
what
then?
Is
the
matter
really
the
sum
total
of
hours
worked
on
it
at
every
level,
or
the
value
that
the
senior
lawyer’s
professional
judgment
and
team
management
provides
through
a
finished
product?
If
the
winning
brief
took
300
hours
or
800
hours
shouldn’t
change
the
value
to
the
client.
The
hour,
on
its
own,
is
meaningless…
its
only
value
to
the
industry
is
as
a
crude
estimation
of
the
worth
of
the
final
product.
Something
that
takes
longer
to
prepare,
we
all
assume,
reflected
a
more
complicated
problem
to
solve
or
a
more
refined
final
output
or
both.
But
if
technology
gets
the
same
result
in
half
the
time,
the
hourly
model
can’t
capture
that.

And
since
professional
responsibility
doesn’t
condone
inventing
hours
to
“estimate”
the
time
saved,
the
only
two
options
under
the
rules
for
integrating
these
efficiencies
into
the
financial
model
are
massively
exploding
hourly
rates
or
adopting
a
fixed
fee
for
certain
critical
tasks
that
can
be
based
on
value
rather
than
hours.

So…
maybe
Friar
has
an
unintentional
point
here.
Unless
you
want
to
start
charging
$2000/hr
for
paralegals,
it
might
be
time
to
consider
alternate
or
at
least
hybrid
fee
models.




Joe
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
.

How Legal Education Must Evolve In The Age Of AI: Insights From An In-House Legal Innovator – Above the Law

The
legal
profession
is
at
a
crossroads,
shaped
by
rapid
technological
advancements
that
are
fundamentally
transforming
how
law
is
practiced
and
taught.
As
we
stand
on
the
brink
of
a
new
era
defined
by
artificial
intelligence
(AI)
and
data-driven
decision-making,
the
question
arises:
How
should
legal
education
adapt
to
prepare
the
next
generation
of
lawyers
for
the
challenges
ahead?

To
explore
this
pressing
issue,
I
had
the
pleasure
of
speaking
with
Harry
Borovick,
general
counsel
at
Luminance,
an
AI
company
specializing
in
legal
technology.
Harry,
who
also
lectures
on
legal
education
and
technology,
offers
a
unique
perspective
on
how
the
intersection
of
AI
and
law
is
reshaping
the
landscape.
Here
are
three
unconventional,
actionable
insights
from
our
conversation
that
highlight
the
need
for
a
radical
rethinking
of
legal
education.

1.

Integrate
AI
Education
Into
Every
Aspect
Of
Legal
Training

Traditional
legal
education
has
remained
largely
unchanged
for
decades,
focusing
heavily
on
theoretical
knowledge
and
case
law
analysis.
However,
Harry
argues
that
law
schools
must
evolve
beyond
these
traditional
confines
and
integrate
AI
education
into
every
aspect
of
their
training.
Rather
than
treating
AI
as
a
separate
elective
or
niche
topic,
it
should
be
woven
into
the
fabric
of
all
legal
subjects.

Imagine
a
contracts
class
where
students
not
only
learn
to
draft
agreements
but
also
use
AI
tools
to
analyze
contract
language
for
risks
and
opportunities.
Or
a
course
in
property
law
that
includes
modules
on
using
AI
to
predict
property
disputes
based
on
historical
data
trends.
By
embedding
AI
into
the
core
curriculum,
law
schools
can
ensure
that
students
are
not
only
aware
of
these
tools
but
also
adept
at
using
them
to
enhance
their
legal
practice.


Actionable
Insight:

Law
schools
should
collaborate
with
AI
companies
and
legal
tech
firms
to
create
integrated
modules
that
teach
students
how
to
use
AI
in
real-world
legal
scenarios.
This
could
involve
partnerships
where
students
get
hands-on
experience
with
AI
tools
in
internships
or
practicum
courses,
ensuring
that
they
graduate
with
practical,
market-ready
skills.

2.

Adopt
A
‘Technology-Agnostic’
Approach
To
AI
Training

One
of
the
common
pitfalls
in
legal
education
is
a
tendency
to
focus
on
specific
tools
or
platforms.
While
familiarity
with
certain
technologies
can
be
useful,
Harry
emphasizes
the
importance
of
a
“technology-agnostic”
approach
to
AI
training.
This
means
teaching
the
underlying
principles
and
methodologies
of
AI
and
machine
learning,
rather
than
just
how
to
use
a
particular
software.

Why
does
this
matter?
Because
technology
evolves
at
a
breakneck
pace.
The
AI
tools
that
are
cutting-edge
today
may
be
obsolete
tomorrow.
By
focusing
on
the
principles
behind
AI

such
as
data
analysis,
natural
language
processing,
and
ethical
considerations

law
students
will
be
equipped
to
adapt
to
new
tools
and
platforms
as
they
emerge.


Actionable
Insight:

Law
schools
should
develop
foundational
courses
in
AI
that
focus
on
the
core
concepts
and
skills,
such
as
data
literacy
and
ethical
AI
use.
These
courses
should
be
mandatory
for
all
law
students,
regardless
of
their
intended
specialization,
ensuring
a
baseline
competency
in
AI
that
can
be
built
upon
with
specific
tools
as
needed.

3.

Redefine
Success
In
Legal
Education
To
Include
Technological
Proficiency

Traditionally,
success
in
legal
education
has
been
defined
by
grades,
moot
court
achievements,
and
securing
prestigious
clerkships
or
firm
placements.
However,
in
the
age
of
AI,
Harry
suggests
that
we
need
to
redefine
what
success
looks
like.
Law
schools
should
expand
their
metrics
for
success
to
include
technological
proficiency
and
the
ability
to
leverage
AI
in
legal
practice.

This
shift
requires
a
cultural
change
within
the
legal
academy.
It
means
valuing
a
student’s
ability
to
use
AI
for
contract
review
or
litigation
forecasting
as
much
as
their
skill
in
writing
a
compelling
brief.
It
also
involves
reassessing
how
we
prepare
students
for
the
job
market,
emphasizing
skills
that
will
make
them
valuable
in
a
rapidly
changing
legal
landscape.


Actionable
Insight:

Law
schools
can
start
by
incorporating
AI
and
tech
proficiency
into
their
grading
and
assessment
systems.
For
example,
students
could
be
graded
on
their
ability
to
use
AI
tools
to
solve
hypothetical
legal
problems,
or
their
proficiency
in
developing
AI-driven
legal
strategies.
Career
services
can
also
shift
their
focus,
offering
workshops
and
resources
on
legal
tech
skills
and
connecting
students
with
internships
at
tech-forward
legal
departments.


Looking
Ahead:
Preparing
For
The
Future
Of
Legal
Practice

The
age
of
AI
is
here,
and
the
legal
profession
must
adapt.
As
Harry
Borovick
eloquently
argues,
legal
education
must
evolve
to
prepare
students
not
just
for
the
world
as
it
is,
but
for
the
world
as
it
is
rapidly
becoming.
By
integrating
AI
education
into
every
aspect
of
legal
training,
adopting
a
technology-agnostic
approach,
and
redefining
success
to
include
technological
proficiency,
law
schools
can
ensure
that
their
graduates
are
ready
to
thrive
in
the
future
of
law.

For
current
legal
professionals
and
educators,
the
challenge
is
clear:
embrace
this
evolution
or
risk
being
left
behind.
The
legal
field
is
not
immune
to
the
transformative
forces
of
technology,
and
those
who
are
prepared
will
find
themselves
at
the
forefront
of
a
new
era
in
law.

So,
whether
you
are
a
seasoned
attorney,
a
law
professor,
or
a
law
student,
take
a
moment
to
consider
how
you
can
engage
with
AI
and
technology.
It’s
not
just
about
keeping
up

it’s
about
leading
the
way.




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.

ATL’s 15th Annual Legally Themed Halloween Costume Contest – Above the Law

Halloween
is
finally
here,
and
members
of
the
legal
community

especially
law
students

will
likely
be
having
fun
tonight
after
celebrating
all
Halloweekend
long.
As
usual,
we
want
to
see
your
creativity
in
action.

For
the
fifteenth
year
in
a
row,
we
here
at
Above
the
Law
are
soliciting
legally
themed
costumes
for
our
annual
Halloween
contest.
We’re
continually
impressed
with
how
creative
lawyers
and
law
students
can
be
when
they
take
their
noses
out
of
their
books.

Here
are
some
of
the
winning
looks
from
the
past
few
years
of
the
contest:
the Donald
J.
Trump
College
of
Law
 (2016), Brett
Kavanaugh’s
calendar
and
his
beer
 (2018), Ruth
Baby
Ginsburg
 (2020),
and Warhol’s
Soup
Law
 (2023).


image001

Please email
us
 or
text
us
(646-820-8477)
your
pictures
and
then
we’ll
vote
on
the
winner
of
our
annual
competition.
Please
send
us
your
submissions
as
soon
as
you
can.
We’re
all
looking
forward
to
judging
you!



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
.

What’s Next for Psychedelic Medicines? – MedCity News

After
the
Food
and
Drug
Administration’s
recent
decision
to
delay
the
approval
of
MDMA-assisted
therapy
for
post-traumatic
stress
disorder,
the
path
forward
has
become
less
straightforward
for
the
field
of
psychedelic
medicines.
But
this
isn’t
the
end
of
the
road,
according
to
a
panel
of
experts
last
week
at
the

HLTH
2024

conference
in
Las
Vegas.

The
new
drug
application
was
submitted
by
Lykos
Therapeutics
and
would
have
been
the
first
new
treatment
option
for
PTSD
in
over
two
decades,

according
to
the
company
.
The
drug
would
have
been
provided
with
talk
therapy.
The
FDA
requested
in
August
that
the
company
conduct
an
additional
Phase
3
trial
to
evaluate
the
safety
of
the
treatment.
The
agency’s
choice
came

after

an
independent
advisory
committee
cited
several
concerns,
including
badly
designed
studies
and
allegations
of
sexual
misconduct
during
a
mid-stage
clinical
trial,
according
to
NBC
News.

When
Shereef
Elnahal,
under
secretary
for
health
in
the
U.S.
Department
of
Veterans
Affairs,
heard
the
news,
he
did
not
“feel
awesome,”
he
said
at
HLTH.
That
is
because
veterans
have
been
telling
him
since
“day
one”
of
his
job
that
this
line
of
therapy
could
be
“game-changing.”
However,
he
said
that
the
research
the
VA
is
doing
could
actually
answer
some
of
the
questions
that
the
FDA
advisory
committee
raised.
For
example,
the
organization
is
funding
a
study
at
the
VA
Rhode
Island
healthcare
system
that
is
looking
at
veterans
with
comorbid
alcohol
use
disorder
and
veterans
with
PTSD.

“Both
conditions
at
the
same
time,
a
randomized
digital
placebo
arm
and
a
therapeutic
arm,”
he
said
on
the
panel.
“The
therapeutic
arm
looks
very
similar
to
the
Lyko
study,
but
the
placebo
arm
has
low-dose
MDMA
as
the
placebo
to
address
what
the
FDA
[advisory
committee]
had
identified
as
a
functional,
unblinding
problem,
meaning
people
who
were
in
the
placebo
arm
kind
of
knew
that
they
were
because
they
didn’t
feel
the
very
obvious
effects
of
the
drug.
So
we’re
already
starting
to
plug
some
of
the
gaps
that
the
FDA
identified
to
make
the
science
better
and
try
to
accelerate
as
much
as
possible
more
veterans
getting
this
new
line
of
therapy.”

There
are
also
some
efforts
by
states
to
move
along
psychedelic-assisted
therapy.
For
example,
the
Arizona
State
Legislature
appropriated
$5
million
for
psilocybin
(or
mushrooms)
research
dedicated
to
PTSD
among
veterans,
noted
Kyrsten
Sinema,
U.S.
Senator
in
Arizona.

That
said,
it’s
still
important
to
get
FDA
approval,
she
added.

“Only
through
FDA
approval
can
we
ultimately
make
these
medicines
widely
available
around
the
country
in
a
safe
manner,
not
just
for
veterans
and
for
folks
who
are
suffering
from
PTSD,
but
for
individuals
who
are
victims
of
sexual
assault,
individuals
who’ve
had
traumatic
childhoods,”
Sinema
argued.

Sinema
also
noted
that
while
other
treatments
for
PTSD
exist,
they
aren’t
very
effective.
For
example,
in
exposure
therapy
(in
which
people
are
gradually
exposed
to
situations
they
fear),
people
have
to
relive
their
trauma
over
and
over.
This
leads
to
high
dropout
rates.
With
psychedelics,
patients
are
processing
their
trauma,
versus
“re-injuring
the
self
and
the
psyche
over
and
over.”

When
asked
what
Congress
is
doing
in
regard
to
psychedelic-assisted
therapy,
Congressman
Morgan
Luttrell
responded
that
this
is
a
“crawl,
walk,
run
scenario.”
He
noted
that
he’s
taken
these
medications
himself
and
is
a
big
advocate
for
them.

“We
don’t
want
to
overwhelm
the
system
because
even
though
these
medications
have
been
around
for
centuries,
it’s
a
very
new
concept,
especially
to
the
congressional
members
who
represent
their
base.

I
have
to
have
these
conversations
with
members
to
not
only
show
them
the
science
and
the
data
that
is
collected
but
share
my
personal
experience
and
why
it’s
so
important
that
we
move
forward,”
he
said.
“We’ve
put
legislation
in
place
and
dollars
in
place
for
the
VA
and
for
the
[Department
of
Defense].
But
again,
I
think
if
we
push
too
hard,
too
fast,
it
will
break,
and
we
do
not
want
to
do
this.
We’re
talking
about
lives
here.”

If
FDA
approval
of
MDMA-assisted
therapy
for
PTSD
happens,
there
is
still
the
question
of
how
the
healthcare
industry
will
pay
for
it,
noted
Ruth
Reader,
health
and
technology
reporter
at
Politico
and
moderator
of
the
panel.
Due
to
issues
with
sexual
misconduct,
it’s
possible
two
therapists
might
be
needed
for
treatment,
which
would
be
expensive.

Sinema
responded
that
there
are
more
trial
applications
going
into
the
FDA
for
group
settings,
which
would
make
treatment
cheaper.

“There’s
a
nonprofit
organization
in
Arizona,
Scottsdale
Research
Institute,
that
is
preparing
to
do
a
trial
for
MDMA
in
a
group
setting,
also
looking
at
psilocybin
in
a
group
setting,
that
allows
you
to
have
two
therapists,
but
also
allows
you
to
have
multiple
people
experiencing
their
own
therapeutic
experience
in
a
shared
setting.

I
think
there
is
a
world
in
which
this
can
become
available
and
affordable,”
she
said.
“A
big
issue,
of
course,
after
FDA
approval
for
all
the
classes
of
psychedelics
is
how
do
we
start
to
gain
insurance
coverage
so
that
people
can
get
access
to
this?”

Luttrell
also
noted
that
psychedelic-assisted
therapy
is
intended
for
a
“select
group
of
individuals,”
not
a
broader
market.


Photo:
HLTH

Morning Docket: 10.31.24 – Above the Law

(Photo
by
Apu
Gomes/Getty
Images)

*
Elon
Musk
ordered
to
appear
in
court
today
to
discuss
his
$1
million
election
lottery.
[Reuters]

*
Above
the
Law
alum
Elie
Mystal
describes
the
parliamentary
shenanigans
that
Mike
Johnson
could
unleash
to
elect
Donald
Trump
if
the
voters
don’t.
[The
Nation
]

*
Kirkland
lawyer
sanctioned
over
courtroom
behavior.
[Law.com]

*
Sixth
Circuit
considers
throttling
the
internet.
[Bloomberg
Law
News
]

*
Biglaw
involvement
in
upcoming
(or
already
here)
election
litigation.
[National
Law
Journal
]

*
Ethics
complaint
against
judge
for
string
of
events.
[ABA
Journal
]

*
Jaywalking
legal
in
New
York
and
literally
no
one’s
behavior
will
change.
[CBS
News
]

Not All Professors Are Worth Listening To – See Also – Above the Law

(image
via
iStock)


Being
Wrong
By
Orders
Of
Magnitude
Not
Enough
To
Silence
Law
Professor:


Listen
to
his
most
recent
hot
take
on
expertise
.


So
Long,
Farewell:


WilmerHale
shuts
down
its
Beijing
office
.


Gibson
Dunn
Just
Gained
A
Major
Player:


Welcome
to
the
fold,
Barry
!


So,
Who
Actually
Likes
Their
Job?:


Working
a
legal
gig
can
be
rough
on
the
mind
.


Penn
Isn’t
The
Only
Ivy
Sharing
The
Burden!:


Amy
Wax
invited
to
speak
at
Yale
Law
.

Yale Law School Grad Warns Of Election Day Trick Donald Trump Is Likely To Pull – Above the Law



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


What
Yale
Law
School
grad
and
former
government
official
warned
on
his
YouTube
channel
of
the
“dirty
Trump
trick”
Trump’ll
try
on
Election
Day?
He
predicted
Trump
will
“exploit
something
elections
experts
call
the
Red
Mirage
to
prematurely
declare
victory
before
all
the
votes
are
counted,”
to
try
to
cast
doubt
on
the
results
of
the
election.
He
clarified
the
Red
Mirage
is
when
Republicans
“appear
to
take
an
early
lead”
due
to
the
timing
of
when
different
jurisdictions
count
and
report
the
votes,
and
which
gets
“smaller
throughout
the
night,”
known
as
the
Blue
Shift.


Hint:
This
person
attended
Yale
Law
at
the
same
time
as
other
notable
political
figures
including
Bill
Clinton,
Hillary
Rodham, Clarence
Thomas, and Richard
Blumenthal.



See
the
answer
on
the
next
page.

IRS Rules That The Purchase Of Condoms And Oral Contraceptives Are Tax Deductible – Above the Law

Earlier
this
month,
the
IRS
released

Notice
2024-71

which
provided
a
safe
harbor
to
claim
an
income
tax
deduction
for
the
purchase
of
condoms.
Similarly,
the
IRS
also
issued

Notice
2024-75

which
stated
that
over-the-counter
oral
contraceptives
can
be
provided
by
a
high-deductible
health
plan
without
the
payment
of
a
deductible.
But
these
contraceptives
are
not
deductible
as
a
medical
expense.

The
treasury
regulations
state
that
in
order
to
claim
an
income-tax
deduction
for
medical
expenses,
the
payment
must
be
made
primarily
for
the
prevention
or
alleviation
of
a
physical
or
mental
defect
or
illness.
But
they
are
not
allowed
for
expenses
that
are
merely
beneficial
to
an
individual’s
general
health,
such
as
monthly
gym
membership
fees.

Before
the
release
of
this
notice,
the
IRS
interpretation
of
this
rule
as
applied
to
condoms
was
likely
to
the
taxpayer’s
displeasure.
It
is
known
that
proper
condom
use
minimizes
the
chances
of
transmitting
sexually
transmitted
diseases
(STDs).
But
most
people
purchase
condoms
primarily
for
contraceptive
purposes.
Pregnancy

even
the
unwanted
kind

is
not
considered
a
medical
illness.

The
notice
does
not
make
a
distinction
for
gender.
In
other
words,
a
woman
can
purchase
condoms
designed
for
men
or
female
condoms
and
still
claim
the
deduction.

This
safe
harbor
notice
provides
favorable
guidance
for
the
taxpayer
by
presuming
that
all
condom
purchases
are
made
for
the
prevention
of
disease,
thus
qualifying
it
for
an
income-tax
deduction.

The
medical
deduction
can
be
claimed
in
a
number
of
ways.
The
first
way
is
to
claim
the
purchase
as
an
itemized
deduction.
In
order
to
do
so,
the
total
medical
expenses
for
the
taxpayer,
his
or
her
spouse,
and
dependents
must
exceed
7.5%
of
the
taxpayer’s
adjusted
gross
income.
Also,
the
total
itemized
expenses
must
exceed
the
standard
deduction
which
is
$14,600
in
2024.
These
spending
requirements
coupled
to
the
relatively
low
cost
of
condoms
can
make
it
difficult
for
some
taxpayers
to
claim
the
deduction.

The
other
way
to
deduct
the
cost
of
condom
purchases
is
through
a
Health
Savings
Account
(HSA),
a
health
Flexible
Spending
Arrangement
(FSA)
plan,
or
a
Health
Reimbursement
Arrangement
(HRA).
While
the
details
vary,
these
plans
generally
allow
pre-tax
money
to
be
used
for
medical
expenses.
FSAs
and
HRAs
are
generally
provided
by
the
taxpayer’s
employer.
HSAs
can
be
set
up
by
the
taxpayers
individually
although
they
must
have
a

high-deductible
health
plan

to
qualify.

What
prompted
the
IRS
to
issue
these
prophylactic
announcements
is
unknown.
Reported
cases
of
STDs
have
been

flat

in
recent
years
(although
syphilis
cases
have
increased).
Also,
teen
pregnancies
reached

historic
lows
in
2022
.
Perhaps
this
will
encourage
younger
people
to
start
tax-advantaged
HSAs
or
participate
in
their
employers’
FSA
and
HRA
plans.
The
tax
savings
can
be
used
to
go
on
a
date
at
a
nicer
restaurant
or
buy
more
condoms.




Steven
Chung
is
a
tax
attorney
in
Los
Angeles,
California.
He
helps
people
with
basic
tax
planning
and
resolve
tax
disputes.
He
is
also
sympathetic
to
people
with
large
student
loans.
He
can
be
reached
via
email
at





[email protected]
.
Or
you
can
connect
with
him
on
Twitter
(
@stevenchung)
and
connect
with
him
on 
LinkedIn.