Oh, Is Disclosing The Source Of Half Our Revenue On A Page Called ‘How We Make Money’ A Big Deal?

Morning Docket: 09.08.20

Lady Gaga (Photo by Alberto E. Rodriguez/Getty Images for The Recording Academy)

* Lady Gaga’s father has joined a lawsuit seeking to end New York City’s indoor dining ban. Now that litigation is on “the edge of glory.” [Fox Business]

* A lawyer for the accused Kenosha shooter has resigned his position from a defense fund that has raised around $700,000 for the defense team. [Yahoo News]

* A Senior District Attorney in the Brooklyn DA’s office was killed by a bus while riding her bike yesterday. Sending our deepest sympathies to the family of the deceased. [New York Post]

* A South Carolina attorney has been disbarred after taking a plea on an indecent exposure charge. [NBC News]

* A Texas Supreme Court decision may open the door to service of process through email or social media accounts. Think of all the filters that can be used when serving process through insta… [KSAT.com]


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.

Stop Throwing 1L Parties!

Oklahoma 1Ls threw themselves a party and… oops someone has COVID. And the law school didn’t tell most of the class what was going on. As law schools return to campus and frighteningly few are going completely remote, this is something that’s going to come up again and again. How should law students should approach the semester.

Rising From The Ashes: My Journey From Laid Off To Dream Job

(Image via Shutterstock)

Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Elise Elam to our pages.

I have a tattoo of a phoenix with its head held high, wings outstretched as if taking flight. It’s pretty cliché — okay, a lot cliché — but clichés resonate with us because they evoke imagery to which we can relate. The “phoenix rising from its ashes” image evokes hope, perseverance, and resilience. The phoenix was not my first tattoo, nor my last, but it was the one I spent the most time designing — trying to get it just right. Despite its being cliché, I sometimes feel like a phoenix: rising above after a challenge or ordeal only to be stronger and brighter as a result.

From a surprise pregnancy at 17 during my parents’ divorce, to graduating from law school during an economically challenging time (with the student debt to prove it), to a difficult pregnancy, emergency C-section and newborn preemie in the NICU, to finding myself laid off from the job I thought I was going to have forever — I am no stranger to adversity.

After each of these tough experiences, I found myself stronger and more resilient than before. It seems — and here comes another cliché — that each of these hard things prepared me for the next hard thing.  In December 2018, I realized I had an opportunity to reinvent myself professionally, to pivot my career into something — hopefully — that would provide more stability.

As it happens, my husband had just started grad school — he is a disenchanted chemist, also hoping to pivot into something else. One day, he suggested I go back to school, too. I thought, “Obviously, this man is unhinged.” And then, “Or … maybe there is something to what he is saying.” My husband is no dummy — he didn’t just suggest it on a whim or out of the blue. He had done pretty extensive research on the job market, including both legal and legal-adjacent jobs. He researched grad school programs and certifications and laid it all out there. My husband convinced me to do something I thought I would never do: go back to school.

I knew I wanted to find a career — not just a job. I knew I wanted something challenging and interesting. I also knew I wanted to be in a role where I could grow professionally and at an organization that supported me. Of course, I also wanted a pay increase, but that was last on my list of priorities. Based on all of these things, I was surprised to realize that my “dream” job was now “cybersecurity incident response attorney.” The great thing about this dream is that there are many legal or legal-adjacent jobs related to cybersecurity — such as privacy attorney and privacy program manager — that would be great stepping stones on (or alternatives to) the path to my ultimate goal. However, I also knew that I couldn’t just start asking people to hire me — a psych major practicing workers compensation defense — for my dream job without having the credentials to prove my interest in this field. I talked over my plans with many people, including an attorney I looked up to who had pivoted from litigation to cyber insurance. She also encouraged my plan to go back to school.

So, 2019 was a whirlwind year for me. I was working — sometimes part time, sometimes full time or more, depending on the amount I was able to cobble together — and going to grad school full time. In May, my toddler was hospitalized for several days with RSV (a respiratory infection) and was on supplemental oxygen and IV fluids (he’s fine now). In June and July, my grandfather became ill, and we knew it was only a matter of time before he would say goodbye to us forever. A World War II Navy vet, his greatest fear at the end of his life was dying alone in a nursing home. Although I was incredibly busy, I was working and going to school remotely. As a result, I was able to grant my grandfather his last wishes: for the last five weeks of his life, I cared for my grandfather during the day while my dad was working out of the house and couldn’t be with him.

In December, I graduated from Virginia Tech with a Master’s in Information Technology (my bachelor’s is in psychology). Throughout the year, I studied for and obtained three privacy certifications through the IAPP (CIPP/US, CIPM, and CIPT). During the entire program but especially during that last month, I barely knew what sleep was, and I drank a worrisome amount of coffee. There was one particular day where I was attempting to juggle all of my competing responsibilities — work and school deadlines, sick kids — all with a 102-degree fever. I am not exaggerating when I say I seriously considered divorcing my husband that day.

Fast forward to March 2020. Schools and businesses were starting to close because of the pandemic. And I had just started a new job in a new practice area — my “dream” job. My story is not a blueprint. It is not a step-by-step guide on how to achieve your professional goals. Instead, my story is meant to give you hope. I am not going to lie — my professional “rising from the ashes” was not easy. It took a lot of work and effort, not to mention additional costs for the certifications and tuition. It also required belief in myself and in my dream. Of course, as in everything else I’ve ever achieved, it took the support of many people, family, friends, mentors, and colleagues. And it wasn’t immediate — it took time to build my credentials and find a position. But I am proof positive that if you put your mind — and your grit — to it, you can achieve your goals. Another cliché — but a true one, nonetheless.

So, if you find yourself at a professional crossroads — unhappy with your practice area, your workload, your hours; facing a lay-off or wanting to increase your salary; or simply just needing a change to reinvigorate your passion for being a lawyer — you can reinvent yourself just like I did.


Elise Elam is an associate at BakerHostetler in Cincinnati, Ohio. As part of the Digital Risk Advisory and Cybersecurity practice group, she works closely with clients across various industries to prepare for and respond to data security incidents. Elise enjoys staying connected to her community, serving on the Ambassador Board of a local children’s nonprofit – the organization through which she was adopted as an infant – and is the President-Elect of her high school’s Alumni Association Board. Outside of work, Elise loves to run, albeit slowly, and can always be found with a book and a cup of coffee. She is the proud (and tired) mother of a teenager and two toddlers.

Will COVID-19 Take Labor Day Weekend Off?

My professional style has evolved!

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❓ Will COVID take Labor Day weekend OFF?

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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.

AG Barr Blames Deep State For Making Him Tell So Many Fibs On TV

(Photo by Mark Wilson/Getty Images)

If an attorney finds he has made misrepresentations of fact or law, either deliberately or inadvertently, he shall immediately find an underling to publicly take the blame for it.

Isn’t that what it says in the ABA Rules of Professional Conduct?

Whoops, actually not. Someone really ought to let our esteemed Attorney General Bill Barr know, since he seems a little confused on the vagaries of legal ethics.

In a Wednesday interview with CNN’s Wolf Blitzer, Barr purported to have ample proof that mail-in voting is plagued by “substantial fraud and coercion.”

For example, we indicted someone in Texas, 1,700 ballots collected from people who could vote he made them out and voted for the person he wanted to. OK? That kind of thing happens with mail-in ballot. And everyone knows that.

In fact, everyone does not know that. And “we” didn’t indict anyone in Texas, much less for casting 1,700 fraudulent ballots.

As the Washington Post points out, the Dallas County District Attorney’s Office indicted a man named Miguel Hernandez, Jr. on exactly one charge of second-degree felony illegal voting. And while a 1,700 count indictment would have been big news if it had happened — which it did not! — an indictment is not a conviction, and Barr knows perfectly well that it’s flimflammery to highlight an indictment and ignore the final adjudication of the case.

In this event, after an exhaustive investigation, prosecutors concluded that almost all of the ballots collected by Hernandez reflected the preference of the voter who signed them. He wound up pleading guilty on the single count, which is hardly evidence of a massive fraud in mail-in voting.

Attorney Andy Chatham, who prosecuted the case but is now in private practice, described it as “incredibly simple to ferret out” fraudulent ballots in Dallas County.

“We didn’t find any evidence of widespread voter fraud,” he told the Post.

So how could the Attorney General have been so mixed up? Must be those Deep State Obama holdovers at the DOJ trying to sabotage him!

“Prior to his interview, the Attorney General was provided a memo prepared within the Department that contained an inaccurate summary about the case which he relied upon when using the case as an example,” DOJ spokeswoman Kerri Kupec said yesterday. Party of personal responsibility!

“Unfortunately, it speaks volumes to the credibility of Attorney General Barr when he submits half-truths and alternative facts as clear evidence of voter fraud without having so much as even contacted me or the district attorney’s office for an understanding of the events that actually occurred,” Andy Chatham remarked to the Post.

But Barr was too busy spinning fantastical tales about Antifa supersoldiers flying around the country to foment riots while racking up frequent flier miles to worry about those picayune details.

Oh, hey …. about that.

Barr claims a man collected 1,700 ballots and filled them out as he pleased. Prosecutors say that’s not what happened. [WaPo]


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

Everyone: Maybe We Should Test This Bar Exam Software; State Supreme Court: LOL, No.

It may have been the most straightforward and common sense petition the Illinois Supreme Court ever received. After Michigan stumbled running a test, bar examinees looking to the October nationwide free-for-all asked if the court could just ask ExamSoft to run a full stress test or two before the big day to make sure it’s not all going to collapse. Read the petition here. They’d also like some sense of the contingency plan if/when the exam falls apart. This should be a no-brainer for the court. At the very least, it should prompt a detailed response laying out alternative remedies that provide substantially similar assurances.

Instead, the Illinois Supreme Court took less than 48 hours to issue a conclusory, “why would we test software?” response.

This should dispel all lingering doubts that the bar exam is anything but a death cult. Its proponents won’t even risk a stress test out of fear that it might interfere with the annual Carousel. And yet people downloading the software are actively freaking out that it’s compromising their computers. Transparency is the only way to rebuild the trust required to even have this exam. It’s actually in the best interests of the bar exam!

Note, the Illinois Supremes also denied a petition in August to grant diploma privilege for JAG officers who must be licensed before they begin duty. That’s as narrowly tailored as requests get and they said no. The devotion to this ritual that has no demonstrable connection to public protection will be the end of us all.

State supreme court justices are elected in Illinois. The display of intellectual laziness over the last couple of weeks should be more than enough reason to mount a campaign to purge the court over the coming years. The bar exam may not be the weightiest issue facing the court but if this is their approach to it, how can they be trusted with anything else?


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter 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.

Biglaw Firm Gives Great News Before The Holiday Weekend — All Salary Cuts Are Over

Labor Day is the official end of summer, so it makes sense that the summer of COVID-19 austerity measures is over right before the holiday. Tipsters at Troutman Pepper — the newly merged entity that combined Troutman Sanders and Pepper Hamilton — tell Above the Law that salary cuts are officially done at the firm.

Right before Memorial Day Troutman Sanders took a carving knife to salaries — 20 percent pay cuts for associates, 25 percent cuts for income partners, and equity partners took at 30 percent hit. (Pepper Hamilton announced similar cuts, the merger wasn’t official until July 1.) And even though associates at the firms understood the cuts would go on through the end of 2020, the firm announced today that, effective September 1, the cuts were done.

And as added good news, the firm noted in the announcement that it is their “goal to repay all amounts previously withheld before the end of the year, depending of course on the financial performance of the Firm.” Hopefully the firm will be able to follow through on these make-whole payments.

Read the firm’s entire email below:

If your firm or organization is slashing salaries or restoring previous cuts, closing its doors, or reducing the ranks of its lawyers or staff, whether through open layoffs, stealth layoffs, or voluntary buyouts, please don’t hesitate to let us know. Our vast network of tipsters is part of what makes Above the Law thrive. You can email us or text us (646-820-8477).

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


headshotKathryn 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).