Morning Docket: 10.05.20

* Steve Barnes, co-founder of New York personal injury powerhouse Cellino and Barnes, was killed in a plane crash along with his niece this past Friday. [New York Times]

* Joe Bornstein, one of Maine’s best-known personal injury lawyers, also passed away late last week. [Press Herald]

* Attorney General Barr will self quarantine after he had close contact with several Trump associates who tested positive for COVID-19. [Boston Globe]

* Several aides are accusing the Attorney General of Texas of bribery, abuse of office, and other illicit conduct. [CNN]

* The Attorney General of Michigan will no longer enforce certain executive orders issued by Michigan’s governor after the state’s highest court found that the governor exceeded her powers in issuing many executive orders related to COVID-19. [ABC News]

* A boxing champion is facing a lawsuit after allegedly failing to pay for around $500,000 in jewelry. This would have been a much less dramatic ending to the Adam Sandler movie Uncut Gems. [New York Post]


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.

Dumpster Fire Becomes Plague Goddess — See Also

Don’t Do What Donny Don’t Does: Trump held a COVID party for Amy Coney Barrett and you’ll not believe what happened next!

An Election!? That’s One Of Those Deals Where They Close The Bars Isn’t It?: Some Biglaw firms working hard to not enforce the Voting Rights Act.

Mr. Simpson Don’t Sit On That Filthy Thing One Second Longer. They’ve Given You… The Key: Kirkland & Ellis names partners.

Since They Made Me Stop Drinkin’ I’ve Regained My Balance And Diction: Tangential headline but Barney Gumble passed a bar so we’ll count it. Good luck to bar applicants.

90-Day Known Expert: Week 3 Roundup

Lawyer Forward continues with its series exploring how lawyers can transform themselves into “known experts” in 90 days. The third week’s episodes include “What’s a Lawyer Anyway?,” “Content isn’t for Eyeballs,” and more!

Make sure you take advantage of the show’s Q&A feature. You can ask Mike questions about the latest episode and he’ll answer at the end of the next episode. Just submit your question in the form at the bottom of this post.

Additional Lawyer Forward Known Expert resources

Whatever Does Not Kill You


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. 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 founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack.

TV Lawyer Credited With Epic Political Catchphrase

(Photo by Gene Forte/Getty Images)

Earlier today, I cited the famous Nixon-era question “what did the president know, and when did he know it?” Senator Howard Baker — who would later serve as White House Chief of Staff and Ambassador to Japan — asked this question, but authorship is sometimes credited to what Baker legal counsel who went on to star as a TV lawyer?

Hint: The answer isn’t in this picture, but he was certainly in the room when it was taken.

See the answer on the next page.

NYSE Manages Not To Screw Up Palantir Listing

Biggest Ransomware Attack Yet Crippled U.S. Hospitals Last Weekend

We’ve talked a lot about how while the lack of security in Internet of Things devices was kind of funny at first, this kind of apathy towards privacy and security in everyday technology isn’t a laughing matter. Whether it’s cars being taken over from an IP address up to ten miles away, to the rise in massive new DDoS attacks fueled by your not-so-smart home appliances, security experts have spent the better part of the decade warning us the check for our apathy on this front is coming due. We’ve (and this includes government agencies) have spent just as long ignoring them.

That’s particularly true in the healthcare field, where hackable pacemakers and ransomware-infected hospital equipment is becoming the norm. Earlier this month, a woman died in Germany after a ransomware attack on her hospital delayed life-saving treatment. Though she most certainly probably isn’t, she’s being declared the first person to be killed by the steady parade of such attacks that have plagued the medical sector for much of this decade.

Last weekend, Universal Health Services, with more than 400 locations in the United States, was hit by one of the biggest ransomware attacks in U.S. history. As a result, the hospital chain was forced to resort to using pens and paper to manage patients after their computer systems ground completely to a halt. Such attacks usually come on the weekend when the hospitals are short staffed, and the results usually aren’t pretty:

“Two Universal Health Services nurses, who requested to not be named because they weren’t authorized by the company to speak with the media, said that the attack began over the weekend and had left medical staff to work with pen and paper.

One of the nurses, who works in a facility in North Dakota, said that computers slowed and then eventually simply would not turn on in the early hours of Sunday morning. “As of this a.m., all the computers are down completely,” the nurse said.”

This is of course not a new problem. Massively profitable medical organizations routinely underfund their privacy and security IT infrastructure, and the government penalties have been negligible. As a result, for most of this decade security researchers like Brian Krebs have been noting that hospitals are hit with 20 ransomware attacks a day. And of course the problem isn’t just in surgical tools and antiquated computer systems, it extends to high tech gear like pacemakers embedded with wireless connectivity, which result in the kind of hackable products make global covert wetwork operatives giddy.

Instead of government, private industry, advocates, and experts working in coalition to create meaningful standards for medical devices and internet of things devices, we instead enjoy wasting calories on tech policy games of Whac-A-Mole in which we freak out about the outrage du jour that may or may not warrant it (see: TikTok). This kind of incoherent, histrionic approach to internet security isn’t, if you hadn’t noticed, working out particularly well.

Biggest Ransomware Attack Yet Crippled U.S. Hospitals Last Weekend

More Law-Related Stories From Techdirt:

Congressional Republicans With No Strategy On Pandemic, Healthcare, Societal Problems… Have Decided That The Internet Is The Real Problem
Palantir Presentations Show How The LAPD Is Able To Turn Tons Of Garbage Data Into Ineffective Policing
If You’re Going To Sue YouTube For Infringement, Maybe First Don’t License Your Music To YouTube Or Setup Fake Accounts To Upload Your Own Works

Lawline Launches New Business and Professional Development Programs for Attorneys

In a press release yesterday, Lawline announced the launch of a new series of exciting new business and professional development programming developed in conjunction with thought leaders in the legal industry, including Lawyerist, Podium, and AttorneySync.

These new programs are designed to be extremely practical and teach lawyers critical skills for the kind of lawyering law school doesn’t teach, such as marketing and law practice management. Topics include How to Establish the Correct KPIs for Your Law Practice, How to Turn Your Website Traffic into Clients, and How to Ethically and Effectively Use “Google My Business” for Client Development.

CEO David Schnurman has been committed to providing attorneys with actionable skills to succeed in the legal market for years. About the new offerings, he says “Our team and our esteemed partners are extremely dedicated to bringing our customers actionable ways to improve their business development skills in order to launch and grow their practices.”

These programs are available for all Lawline Unlimited Subscribers.

Related Content:

1. Top Ten E-Discovery Tips for In-House Legal Departments
2. Pandemic Law Practice Management: How to Leverage Resilience in the Face of Uncertainty
3. The Ethics of Escrow Accounts: From the Basics to the Non-Negotiable

Trump’s COVID-19 Diagnosis Won’t Stop Senate Republicans From Putting Amy Coney Barrett On The Supreme Court

(Photo by Chip Somodevilla/Getty Images)

[The president is] in good spirits and we talked business — especially how impressed Senators are with the qualifications of Judge Barrett. Full steam ahead with the fair, thorough, timely process that the nominee, the Court, and the country deserve.

— Senate Majority Leader Mitch McConnell (R-KY), tweeting about a phone call he had with President Donald Trump this morning. Per Senate Judiciary Committee Chairman Lindsey Graham’s (R-SC) spokesman, Republicans are moving “[f]ull speed ahead” on Judge Amy Coney Barrett’s confirmation to the Supreme Court, despite the fact that Trump recently tested positive for COVID-19. Barrett, who tested positive for COVID earlier this year, was in close quarters with many Senate Republicans, will be tested daily for the coronavirus. Barrett tested negative today. “She is following CDC guidance and best practices, including social distancing, wearing face coverings, and frequently washes hands,” said a White House spokesman.


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 Twitter or connect with her on LinkedIn.

MAGA Troll Comedy Duo Burkman And Wohl Finally Get Their Shot At The Big Time … Errr Big House

Mazel tov to America’s sweethearts Jacob Wohl and Jack Burkman, who finally got a law enforcement agency to notice them. It’s been a long, hard slog, but  yesterday, Michigan Attorney General Dana Nessel announced that the pair were finally getting indicted for felony voter intimidation.

Wohl’s solo act has garnered him securities charges in both Arizona and California, and a lifetime ban by the National Futures Association for hinky trading in his teens. He’s also managed to get permanently booted off of Twitter, Facebook, and Instagram — a grand slam!

But the child star’s efforts break into the big time with concocted tales of sexual impropriety by everyone from Dr. Anthony Fauci to Robert Mueller fell flat. Even digging up the supposed escort who cavorted with dominatrix Elizabeth Warren failed to bring him acclaim.

But this latest stunt appears to have finally done the trick. Here’s the text of the robocall which went out to an estimated 85,000 numbers across Michigan, New York, Pennsylvania, Ohio and Illinois.

Hi. This is Tamika Taylor from Project 1599, the civil rights organization founded by Jack Burkman and Jacob Wohl. Mail-in voting sounds great. But did you know that if you vote by mail your personal information will be part of a public database that will be used by police departments to track down old warrants and be used for credit card companies to collect outstanding debts? The CDC is even pushing to use record from mail-in voting to track people for mandatory vaccines. Don’t be finessed into giving your private information to “the man.” Stay safe, and beware of vote by mail.

Subtle.

In Michigan, an estimated 12,000 residents of Detroit were contacted. AG Nessel’s announcement notes that the calls targeted “urban areas with significant minority populations” with the aim to “deter them from voting in the November election.”

And the Attorney General of the United States may not have a problem with that, but in Michigan, that kind of thing gets you charged with voter intimidation and computer crimes.

(To be fair to Ol’ Bill Barr, there does appear to be some kind of live federal investigation into how the pair of bumbling dipsh*ts intended to weaponize the Roger Stone jury questionnaires, as evidenced by a motion that briefly appeared on the docket in the Eastern District of Pennsylvania before being sealed.)

The ever-chatty Wohl attempted to cast doubt on the evidence linking the calls to his cell phone, telling The Daily Beast, “No one in their right mind would put their own cell on a robocall.”

Which may or may not be true, but Wohl’s 2018 smear campaign against Robert Mueller was immediately traced back to him because he used his mother’s cell phone number. So … draw your own conclusions.


Elizabeth Dye lives in Baltimore where she writes about law and politics.