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The past year has been, for better or worse, a big year in legal news. So it should come as no surprise to see big names dominating our list of finalists for 2020 Lawyer of the Year. Thanks to everyone who responded to our request for nominations for 2020 Lawyer of the Year. We narrowed the many excellent nominees to a slate of ELEVEN (yes, that’s how crazy this year was) fascinating lawyers — distinguished, despicable, or debatable, depending on your point of view.

Here are the nominees, in alphabetical order, with a brief blurb about each:

Stacey Abrams: After losing her bid for Georgia governor in 2018 following a purge of voter rolls, the Yale Law graduate and former Georgia assemblywoman founded Fair Fight, an anti-voter suppression group, pledging to register as many disenfranchised voters of color as possible for the 2020 presidential election. Through her efforts, Abrams helped turn her state blue, allowing Joe Biden to become the first Democratic presidential candidate to secure Georgia in about 30 years.

Bill Barr: After firmly implanting himself in Trump’s rear end to politicize the Justice Department, Barr seems to have come out of his MAGA stupor as his tenure as Attorney General comes to an end. Not only did he recently commit the unpardonable sin of telling the truth about widespread voter fraud in the 2020 election (i.e., that there was no evidence of it), but he failed to publicly disclose an ongoing federal investigation into Joe Biden’s son, Hunter. Now he says there’s “no reason” for special counsel to be appointed in either case. He’s trying to save what little is left of his reputation after all.

Amy Coney Barrett: Her Honor is the fifth woman to serve on the Supreme Court, which is normally something worthy of celebration, but her nomination and confirmation were marred by great controversy. Trump “saved” Barrett to replace the late Justice Ruth Bader Ginsburg, and now the newest SCOTUS justice threatens to undo all of the legal accomplishments her predecessor worked her entire life to achieve. Plus, her nomination ceremony was the start of White House COVID superspreader events.

Joe Biden & Kamala Harris: President-elect Biden, a Syracuse Law grad, will be the oldest U.S. president in the nation’s history, and Vice President-elect Harris, a UC Hastings Law grad, will be the first woman and first woman of color to serve as VP in U.S. history. The pair beat Trump in a historic vote during the pandemic, where mail-in voting helped them secure their victory.

Marc Elias: The former GC of Hillary Clinton’s 2016 presidential campaign and Kamala Harris’s 2020 presidential campaign, this Perkins Coie partner leads Democracy Docket, and per one of our nominators, he’s responsible for “protecting democracy against the dumbest would-be authoritarians.” In September 2020, he joined the Biden presidential campaign’s special litigation team. Thus far, he’s helped lawyers win more than 100 election law cases in 2020, all in an effort to protect the voting rights of Americans.

Jenna Ellis: The self-proclaimed constitutional scholar made her way to infamy this year as a member of Trump’s Elite Strike Force, suing left and right in an attempt to overturn the results of Election 2020. Not only did “Doctor” Ellis and her team failed repeatedly, but she got destroyed in the New York Times when it came to her colleagues’ thoughts on her legal chops.

Rudy Giuliani: From respected New York mayor to a leaky lawyer spewing conspiracy theories, 2020 has not been too kind to Giuliani or his legal career. Leading a team of attorneys that Trump reportedly referred to as “fools that are making him look bad,” Rudy would probably like it if people looked upon his wrecking ball filings with normal scrutiny. But hey, at least he got his own Randy Rainbow video.

Kayleigh McEnany: This recent Harvard Law grad had one heckuva year. After being appointed as White House press secretary in April 2020, McEnany made the following pledge during her first briefing: “I will never lie to you. You have my word on that.” After peddling the alternative facts of the day for months on end, the former Above the Law columnist’s tremendous fib was so considered so outrageous that it landed in the annual update to The Yale Book of Quotations.

Sidney Powell: This conspiracy-flinging former prosecutor threatened to “RELEASE THE KRAKEN” on unsubstantiated claims of voter fraud in America, but all she accomplished was being released from Trump’s legal team. Her trainwreck legal filings have included not just typos and factual inconsistencies galore, but plaintiffs who didn’t even know they were going to be suing. On the bright side, Trump was reportedly considering naming her as special counsel on election fraud, but AG Bill Barr shut that down.

Jeffrey Toobin: Have you rubbed one out during a Zoom video meeting with your colleagues? Don’t do it. Toobin did, and hasn’t ended well for him. After getting caught whipping out his weenie on camera, the award-winning author and legal analyst was fired from the New Yorker after nearly 30 years with the publication. He’s currently on leave from CNN and may return in the future, but for now, he’s been reduced to a human hashtag, #MeToobin.

Before we turn over the vote to our readers, we’d like to reserve some honorable mentions for the likes of vocal anti-Trump activist George Conway of the Lincoln Project; his wife, Kellyanne Conway, who served as Trump’s campaign manager and former senior counselor; Tiffany Trump, a recent graduate of Georgetown Law; and Above the Law’s founder David Lat, who fought hard in his battle against COVID-19 and is not just surviving, but thriving. Last, but certainly not least, the legal luminary most deserving of an honorable mention is the late Justice Ruth Bader Ginsburg, who passed away from complications of pancreas cancer on September 18. She was the second woman to be appointed to the Supreme Court, and the first Jewish woman to serve on the highest court in the country. A champion of women’s rights and civil liberties, Ginsburg served as encouragement for many women to embark upon careers in the legal profession. Her dying wish was that she “not be replaced until a new president is installed.” If only our leaders had listened. May her memory be a blessing.

And now, the moment you’ve all been waiting for: Who should be named Above the Law’s Lawyer of the Year for 2020? Cast your vote below. Polls are open until SUNDAY, JANUARY 3, 2021 at 11:59 p.m. (EST).

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Staci 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 Twitter or connect with her on LinkedIn.

The New York Times seems to think everyone was too tough on Jeffrey Toobin. They are wrong. Meanwhile one guy who has had far too many chances is Rand Paul, who continues to be completely awful, this time in blocking a bill designed to protect federal judges. And California bar applicants don’t need a second chance either, they just need a bar examiner willing to grade their exams honestly rather than suggesting that one-third of them cheated.

Alexa Robertson, PLI’s Senior Director of Legal Information Services, answers some questions about PLI’s publishing offerings, including PLI PLUS, PLI’s online legal research system.

Many lawyers will know PLI for CLE. How would you describe PLI Press and the PLUS platform to those unfamiliar with this side of your organization?

As a nonprofit learning organization, we’re dedicated to keeping attorneys and professionals at the forefront of knowledge and expertise – this includes not only CLE and other training programs, but publications as well. PLI PLUS is our legal research database. We make all our publications available, so you have the benefit of finding answers in any of our renowned treatises, journals, or program course handbooks and transcripts. Subscribers to PLI PLUS have unlimited access to all PLI publications and course materials.

What makes your offering stand out in the crowded marketplace of research and ideas?

It is often said in legal publishing that “content is king.” For us, that is especially true. Our authors are experienced thought leaders who provide detailed and practical materials.

For example, we’ve been told that while there are other titles on regulation of broker-dealers, only the PLI treatise Broker-Dealer Regulation by Clifford Kirsch has a chapter that walks you through the FINRA registration process. These types of elements underscore the practicality of our titles, which can be guides that help you in your day-to-day practice. You can find these standout insights across our titles, including The Corporate Tax Practice Series, Sack on Defamation, and Kane on Trademark Law: A Practitioner’s Guide. A PLI treatise is a comprehensive resource.

What makes PLI PLUS especially useful is that it offers the complete library of these resources, so you can easily find the answers you’re looking for. And though it is a robust database covering 25 practice areas, we’re committed to making it as easy to use as possible so our customers can focus on the content, not the platform itself. For example, we call out the legal forms and checklists in our titles and allow you to download them to Word so they are easy to use. And with the “My Preferences” feature, users can customize the database settings to suit their needs.

What changes have you seen as a result of the pandemic?

When the legal world quite abruptly moved to remote work in March, we saw the effects right away; there was no one in their offices to receive our books. We immediately provided PLI PLUS access to print subscribers as a stopgap measure, because attorneys and law schools across the country were shifting to remote work and remote learning. Throughout the summer and fall, we saw a large number of our print subscribers opt for electronic access through PLI PLUS. We hear people talk about the “new normal” and an increasing preference for resources that cater to remote work – that is something we will continue to respond to as we look ahead to the post-pandemic world.

How can non-subscribers benefit from PLUS?

Even if you don’t subscribe, we make some content freely available. The PLI Chronicle is our newest publication, aimed at giving voice to the diverse array of professionals working in the legal industry. It features concise articles contributed by legal scholars, practitioners and other experts on a range of timely topics that are practice-specific (such as renewable energy, SEC policy, copyright law, and pro bono advocacy) as well as relevant to the profession (such as negotiation skills, well-being in law firms, and remote work policies).

We also offer the Journal, which is an essential resource for timely, in-depth and authoritative analysis of topics impacting the law and the legal profession. Articles in this publication are more heavily researched, with footnote citations to relevant case laws and statutes, as well as links to interesting articles for further reading.

Looking ahead, what enhancements does PLUS have planned for the coming year?

Our enhancements come directly from customer requests we receive throughout the year – we have an ongoing dialogue with our customers that we find very beneficial. Next year we are focusing on integration between our programs and publication products, in response to our customers’ desire for easy access across all formats. We also plan to modernize the PLUS interface so that it is more in line with the main PLI website. We’re looking forward to working with our customers throughout the year to ensure we’re developing an enhanced site that meets their needs.

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Practising Law Institute is a nonprofit learning organization dedicated to keeping attorneys and other professionals at the forefront of knowledge and expertise. PLI is chartered by the Regents of the University of the State of New York and was founded in 1933 by Harold P. Seligson. The organization provides the highest quality, accredited, continuing legal and professional education programs in a variety of formats which are delivered by more than 4,000 volunteer faculty including prominent lawyers, judges, investment bankers, accountants, corporate counsel, and U.S. and international government regulators. PLI publishes a comprehensive library of Treatises, Course Handbooks, Answer Books and Journals also available through the PLI PLUS online platform. The essence of PLI’s mission is its commitment to the pro bono community. View PLI’s upcoming live webcasts here.

This year, Biglaw bonus season generally consists of two components — the traditional year-end bonus and special bonuses given in appreciation of associates’ hard work during this particularly challenging time. And if the total bonuses don’t add up to those combined numbers, well, then a firm is below market.

At Alston & Bird, the year-end bonuses are individualized and tied to hours, not class year, as at most Biglaw firms. But even beyond that issue, tipsters at the firm are reporting that the bonuses are only year-end money with no special bonus money. And insiders are pissed. Take a look at some of the comments we’re getting:

In an extremely short-sighted decision and despite constant reassurances that the firm performed remarkably well during the pandemic, Alston & Bird refused to match any COVID special bonuses, full stop. Associates are justifiably livid and I’ve heard rumors of people already seeking out opportunities elsewhere.

Alston & Bird bonus announcements official. No special 2020 bonus. Hours bonus scale the same as prior years (not pegged to class).

Word across the firm is that despite high bonus thresholds to get NY market (2150 with max 150 pro bono hours), no one got a covid bonus. No explanation given, but associates were told the firm is having one of their best years ever. No one is happy.

No covid bonuses after repeatedly hearing about how the firm is having an incredible year. Very, very angry.

No covid bonuses at Alston & Bird. I. I billed in the 2200-2400 range and didn’t even get anything above regular market. I’m fuming

No special 2020 bonus.

Ordinary bonus still pegged to hours, not class. Hours tiers same as last several years. Dramatically below NYC market.

Very disappointing for 2400+ hrs.

Oof. It stinks to bill that much for the firm and feel unappreciated.

Please help us help you when it comes to bonus news at other firms. As soon as your firm’s bonus memo comes out, please email it to us (subject line: “[Firm Name] Bonus”) or text us (646-820-8477). Please include the memo if available. You can take a photo of the memo and send it via text or email if you don’t want to forward the original PDF or Word file.

And if you’d like to sign up for ATL’s Bonus Alerts, please scroll down and enter your email address in the box below this post. If you previously signed up for the bonus alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each bonus announcement that we publish.

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Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. 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).

In 2018, Alex van der Zwaan, a former associate at the London office of Skadden Arps, pleaded guilty to charges brought by special counsel Robert Mueller. He’d worked on the controversial report written by the firm justifying the prosecution of former Russian-aligned Ukrainian President Viktor Yanukovych’s political rivals, and was indicted for lying to investigators in the Russia probe about his communications with former Trump campaign aide Rick Gates. Facing up to six months in prison, he begged for leniency in sentencing and lucked out, serving 30 days in jail, as well as a fine of $20,000.

On top of his new criminal record, van der Zwaan lost his job at one of the most prestigious firms in the world for his gross misconduct. He’d worked at Skadden for a decade prior to getting caught up in the Mueller probe.

But that wasn’t the end of his punishment.

After being deported from the U.S. following his time served, van der Zwaan lost his license to practice law in the U.K. in July of 2019. Without a livelihood to fall back on, we’re not sure what the former Biglaw attorney has been up to for the last year and a half, but we sure know now because he lucked out once again.

Van der Zwaan is likely celebrating, because he received a full pardon for his “process-related crime” from President Donald Trump last night. Former Rep. Trey Gowdy, a partner at Nelson Mullins, supported the pardon. George Papadopoulos, who was also taken down as a result of the Mueller probe, received a full pardon as well.

We suppose congratulations are in order for van der Zwaan, but what good is a pardon when the final nail in your career’s coffin has already been hammered in? Best of luck.

Ex-Skadden Associate Convicted in Mueller Probe Is Among Wave of Trump Pardons [National Law Journal]

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Staci 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 Twitter or connect with her on LinkedIn.

People are (sigh) again buying bitcoin again. The CEO of America’s fifth-largest company is spitballing about how to get Tesla’s balance sheet converted into the intangible stuff—even though it’s bullshit—and people are listening. The Mooch is getting involved. Seems like a good time for a reminder about what it is that all of the above and more are potentially getting into.

* A lawyer for a Pennsylvania man, who allegedly pretended to be his dead mother to cast an extra vote, claims his client was engaged in “civil disobedience.” Pretty sure Gandhi and MLK didn’t use that strategy… [Yahoo News]

* President Trump issued a flurry of pardons and commutations yesterday to many individuals in his political circle and others. [CNN]

* A Colorado lawyer is accused of allegedly mishandling $2 million earmarked by clients to purchase personal protective equipment. [Denver Post]

* Walmart is being sued over allegations that the company helped fuel the opioid crises. [New York Times]

* A New York lawyer, who allegedly went on a racist rant at a restaurant in 2018, has been disciplined for his conduct. [New York Post]

* Somewhat relatedly, a Texas judge, who allegedly used racial slurs against Mexicans, has been sanctioned. [Texas Lawyer]

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Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

New Technology Without Adoption Is Worse Than Doing Nothing

New Technology Without Adoption Is Worse Than Doing Nothing

Rohit Parekh – Matter365

Ed. Note: Welcome to our daily feature Trivia Question of the Day!

According to data collected by Jerry Organ, which law school had the greatest number of transfers in 2020?

Hint: The elite law school also came in first for transfers in 2017, 2018, and 2019. So if you’re looking to make a law school move, perhaps this is a place to check out.

See the answer on the next page.

One of the great joys of my professional life has been my once-weekly experience teaching an IP elective course to (very) motivated and capable high schoolers. Way back in 2016 — when classes could be maskless, even when in person — I described teaching high schoolers as a “rewarding experience,” which led me to recommend to readers at the time that they should seize any opportunity to teach that came their way. I still believe that, just as I still believe that today’s IP lawyers have an important role to play in educating the public — and especially the next generation of Americans — in at least the basics of IP literacy.

In fact, I am hopeful that some of the regrettable disruption of our educational systems, from college to preschool, will at least generate additional opportunities for IP literacy as part of a well-rounded educational curriculum, especially for high school students and up. The pandemic has confirmed that “we live in a world where it is both easier and harder than ever to bring to market disruptive products and services. The competition is worldwide, and relentless.” I wrote those words in early 2018 but they are even more true today. (For a good recap of the stakes regarding the incoming Biden administration getting IP policy right, I commend this piece by Bruce Berman.) Accordingly, fostering IP literacy in today’s students before they enter the workforce is more important than ever, especially since the pandemic has so radically altered the workforce they will be entering.

Considering how important the issue of IP literacy is to me, I remain fortunate that I have the ability to do something about it, at least in the context of my own class. For this year, I decided to mix things up a bit, primarily by choosing to have patents as the major unit of the semester. In prior years, trademarks and copyrights were the initial IP areas of discussion in the class, partly because it’s a lot easier to get a high school student to think about the branding on the sneakers they are wearing than the chipset in their smartphone.

As a result, the midterm project that was in many ways the highlight of the course previously carried a trademark focus, in the form of a set of domain name disputes that the students could litigate in a moot court-type setting. Since I would rejigger published domain-name arbitration decisions as our case studies, it was relatively easy to develop fact patterns that would be both interesting and workable for the students to work with.

Needing a change, however, I have decided to go with patents as our lead topic for the fall semester. Since one of my motivations for the switch was to challenge myself to keep things fresh in presenting the course, I understood that one of the biggest changes that would result would be in terms of the midterm project. Again, that project is really the centerpiece of the class, as it allows the students to get a taste for the IP lawyer’s role in resolving disputes, while also allowing them to explore how the interplay of law and fact help drive determination of IP matters in a litigation setting.

One of the most humbling things you learn as a teacher is that no matter how simply put or digestible you think your presentation of the material is — you can always do better. That challenge is doubled when you are asking students to handle something very different than anything they have encountered before. In terms of the midterm project, therefore, I was really looking for a case that presented a fact pattern involving easily recognizable technology, ideally embodied in a familiar consumer product. As importantly, I wanted a case that presented interesting — but manageable — questions on the key issues most often litigated in modern day patent cases, namely, venue, infringement, invalidity, and damages.

Since I have a practice of scanning new patent filings anyway, for the last month or so I have kept a special eye out for any cases that could be a good basis for this year’s midterm project. I was thus very pleased when I saw the recently filed lawsuit against Peloton by the originators of the “Spinning” phenomenon, the aptly named Madd Dogg. It was tailor-made for adaption for this year’s midterm project.

Familiar consumer product? Check — particularly due to Peloton’s gonzo performance in the closed-gym pandemic era. Venue issue? Check — as Madd Dogg (smartly) chose to sue Peloton in the Eastern District of Texas, rather than in the SDNY or Delaware, Peloton’s more natural “home courts.” Relatively simple technology? Check — an exercise bike with a screen and some connectivity, allowing for simple adaptation of infringement and validity questions for the class to handle. Money at stake? Check — both in terms of damages from Peloton’s sale of the bikes themselves, as well as the potential for convoyed sales of Peloton subscriptions. In short, plenty of raw material for adapting into a workable competitive endeavor for the class.

I still don’t know, of course, if this year’s project will be a success. For now, I am focused on splitting the class into working teams, on two levels. First, half the class will be assigned to “represent” Peloton and the other the plaintiff Madd Dogg. Then, each legal team will be further split into small groups of two, with each subgroup charged with handling one of the four issues (venue, infringement, validity, damages) that will be litigated. Once the groups are set, I will finalize the fact patterns for each issue, and meet with each of the litigation subgroups to make sure that they are constructing their arguments and conducting any relevant research properly. If all goes well — and school stays open — we should be on track for our oral arguments right after winter break in early February.

My hope is always that my students will get a taste of the fun and intellectual stimulation that can be had from a career in IP law. I recognize that the hands-on nature of the midterm project is perhaps my best chance of planting that seed in them. That is why I dedicate such care to having the project mimic a real dispute as closely as possible given the level of the participants. And it is also why I consider that investment of time so worthwhile. Because whenever we have a chance to plant seeds for the future, we should. 2020 has challenged our commitment to doing so. But we have a responsibility to keep planting. And watering, so that today’s seeds can flourish into tomorrow’s leaders.

Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

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Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.