Surprisingly, Dan Loeb Doesn’t Want To Be In The International Tourism Luxury Goods Business Anymore

Morning Docket: 05.11.20

* Evidence points to Justice Stephen Breyer being the perpetrator of the “flush heard ’round the world” during telephonic Supreme Court arguments last week. [Slate]

* A Georgia lawyer has been identified as the leaker of a video showing the Ahmaud Arbery shooting. [New York Times]

* Quinn Emanuel is representing Tesla in its lawsuit against a CA county over closures related to COVID-19. Hope the firm gets a few Model Xs thrown in for the representation. [The Recorder]

* A Wisconsin lawyer, who is accused of offering to bribe officials for a client, has avoided prison. Talk about a full-service lawyer… [Milwaukee Journal Sentinel]

* Republican lawmakers are ready to fill any Supreme Court vacancy that may occur this year. [Politico]

* A lawsuit about Ben and Jerry’s claim of using milk from “happy cows” has been dismissed. Guess the cows really were happy? [Fox News]


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.

Zimbabwe’s land reform areas twenty years on (1): A blog series – The Zimbabwean

Twenty years ago the news was filled with stories about land invasions in Zimbabwe. Since then, a group of us have been working in Masvingo province in particular (but also now in Mazowe in Mashonaland Central and Matobo in Matabeleland South) attempting to offer research-based reflections on what happened to people’s livelihoods. Since 2008, this blog has been dedicated to an informed discussion of the ramifications of the land reform, aiming to counter some of the misinformed debate that sadly is still evident, even 20 years on.

The research has been based on long-term field studies in a number of sites. We have been collecting crop production data on many sites continuously, and this has been complemented with more detailed census surveys, exploring demography, land use, asset ownership, labour practices, and off-farm income earning, amongst a whole host of questions. We have also carried out focused enquires on themes that have emerged, like young people’s livelihoodsmedium-scale farms, changing land tenure governancerural townssmall-scale irrigation, amongst much more. As a recent blog series documented, we have also been exploring the comparisons between resettlement and communal areas, testing the assumption that redistributing more land has resulted in improved livelihoods (by and large it has). We have tried to draw out of this research some overarching policy conclusions, and attempted to relay them to government, donors and other researchers through various fora.

Over time, we have tried to share our results in various forms. At last count there were 18 journal articles published from our research, and our 2010 book – Zimbabwe’s Land Reform: Myths and Realities – remains a key text. Since then two books – Debating Zimbabwe’s Land Reform and Land Reform in Zimbabwe: Challenges for Policy– have been published that pull together a number of blogs into themes, with short introductions to the issues. Aimed at disseminating in our field sites (see picture below), we have also produced several booklets (in English and Shona) and two video seriesThe Conversation has published a few overviews of research over time, including a set in early 2018 aimed at informing the new land reform policy debates emerging then.

This post introduces a new blog series, based on new data that have just been analysed. The series examines how people are faring in our Masvingo province land reform area study sites, based on a census survey during 2019 that repeated earlier rounds in 2006-7 and 2011-12. The survey was followed up by extensive qualitative discussions with various informants across the sites. To conclude the study, at the end of last year, we visited many of our land reform sites across Masvingo province to catch up with people there. They were fascinating visits, as we have been working in these areas since the early 2000s, soon after they were settled following the ‘fast-track’ land reform of 2000.

There are 16 sites, stretching from Gutu in the north to Mwenezi in the south, covering A2 (medium-scale) and A1 farms, including originally over 400 households. The A1 farms include those that are ‘self-contained’ (more like small A2 farms really) and the more common ‘villagised’ arrangements, including those that are well-established in Gutu and Masvingo districts and those that are more ‘informal’ (some without ‘offer letters’, permits to occupy the land) in Chiredzi and Mwenezi districts.

This blog series reflects on our preliminary findings, both from the quantitative survey and the qualitative interviews, focusing on each resettlement category. The series concludes with a very provisional reflection on how things have changed over time, with some ideas about the future. The analysis is only very tentative, and the material deserves more time to go into depth. While there are important changes and nuances to the land reform story, the ‘myths’ about Zimbabwe’s land reform that we challenged in our first book in 2010 remain myths, and there is a much more complex reality.

A number of important themes emerge across the blogs, with implications for the future. In all sites there is deepening social differentiation, with some being able to accumulate while others are struggling. This is creating new labour relations, as some become wage labourers for others. Changing environmental conditions are mentioned frequently, as climate change impacts intensify, making the diversifications into small-scale irrigation vital. This is especially important for women and young people, especially those who cannot gain access to land and have few opportunities for off-farm employment given the state of the Zimbabwean economy. Despite the clear challenges of farming, successes are concentrated in the A1 schemes, with most A2 farms struggling due to lack of financing. Successful A1 agriculture is driving local growth and investment, especially in rural towns. The story is diverse and complex,  and will become more so as a result of the COVID-19 pandemic.

As Zimbabwe (again) contemplates a new land policy, and undertakes wider assessments through the Zimbabwe Land Commission, having data to inform interventions now remains important.

This post was written by Ian Scoones and first appeared on ZimbabwelandLed by Felix Murimbarimba, the Masvingo team is: Moses Mutoko, Thandiwe Shoko, Tanaka Murimbarimba, Liberty Tavagwisa, Tongai Murimbarimba, Vimbai Museva, Jacob Mahenehene, Tafadzwa Mavedzenge (data entry) and Shingirai, the driver. Thanks to the research team, ministry of agriculture officials and the many farmers who have supported the work over the years.

Post published in: Agriculture

Deafening silence – Zimbabwe Vigil Diary – The Zimbabwean

Ncube in essence confessed that the government had blatantly lied to the world and the people of Zimbabwe. There was no denial by the government and he wasn’t sacked. All we got from Zanu PF was silence.

Opposition MP Tendai Biti, Finance Minister in the late Government of National Unity, said Ncube’s unsuccessful begging letter to international financial institutions was ‘the final surrender of any dignity of a corrupt regime’.

In the letter Ncube promised that in return for aid the government would undertake political and economic reforms. Biti dismissed this, saying the government had repeatedly promised to reform but they never would.

Biti also accused the government of declaring war on the opposition by allowing the recall of four MDC alliance parliamentarians. He said the move marked the end of normal politics. The party has suspended participation in all parliamentary proceedings (see: https://www.newzimbabwe.com/watch-biti-says-mps-recall-a-declaration-of-war-by-mnangagwa/).

Another surprise this week was the small number of reported cases of coronavirus infections in Zimbabwe. It appears that more Zimbabweans are dying of the virus in the UK than at home.

What was not surprising was a warning by Amnesty International that in some areas the authorities are tying food aid to the recipient’s political affiliation. It says the problem is especially acute in rural areas, where people who don’t belong to Zanu PF are being denied the means to survive (see: https://www.voanews.com/covid-19-pandemic/amnesty-zimbabwe-playing-politics-food-aid-distribution).

Other points

NOTICES:

  • The Restoration of Human Rights in Zimbabwe (ROHR) is the Vigil’s partner organisation based in Zimbabwe. ROHR grew out of the need for the Vigil to have an organisation on the ground in Zimbabwe which reflected the Vigil’s mission statement in a practical way. ROHR in the UK actively fundraises through membership subscriptions, events, sales etc to support the activities of ROHR in Zimbabwe. Please note that the official website of ROHR Zimbabwe is http://www.rohrzimbabwe.org/. Any other website claiming to be the official website of ROHR in no way represents us.
  • The Vigil’s book ‘Zimbabwe Emergency’ is based on our weekly diaries. It records how events in Zimbabwe have unfolded as seen by the diaspora in the UK. It chronicles the economic disintegration, violence, growing oppression and political manoeuvring – and the tragic human cost involved. It is available at the Vigil. All proceeds go to the Vigil and our sister organisation the Restoration of Human Rights in Zimbabwe’s work in Zimbabwe. The book is also available from Amazon.
  • Facebook pages:

Vigil: https://www.facebook.com/zimbabwevigil

ROHR: https://www.facebook.com/Restoration-of-Human-Rights-ROHR-Zimbabwe-International-370825706588551/

ZAF: https://www.facebook.com/pages/Zimbabwe-Action-Forum-ZAF/490257051027515

Post published in: Featured

The Moscow-Harare-Minsk Hotline – The Zimbabwean

Ever since Western Countries cut the supply of  military hardware to Zimbabwe 20 years ago, following sanctions imposed against the country’s negative human rights record under Robert Mugabe, Zimbabwe has been struggling to bolster its arsenal. At the time, Zimbabwe was recovering from a hardware deficit following its 1998 military intervention in the Democratic Republic of Congo (DRC) war.

The economic and human rights abuse crises reached their peak during 2008 due to Mugabe’s money-printing activity, which ignited severe hyperinflation. Although the government provided multiple excuses throughout the decades, like the drought, the real problem remains poor governance and in-house corruption. Mugabe ruled Zimbabwe from 1980 to2017 and his successor, Emmerson Mnangagwa, has similar tendencies.

The US first imposed sanctions against Zimbabwe in 2001 bypassing the Zimbabwe Democracy and Economic Recovery Act (ZIDERA), which referred to sending troops to DRC, the private appropriation of public assets and the fast-track land reform program. In 2018, ZIDERA was amended to address new issues. The updated ZIDERA urged the Zimbabwean government to implement the 2013 constitution, specifically to respect and protect human rights, to account for diamond and mineral revenue, and to enforce the SADC Tribunal’s decisions on human rights and land compensation.

However, the government still fails to account for mineral revenues and perpetuates brutal violations of human rights. During his election campaign in 2017, President Mnangagwa stressed his aspirations to lead a business- friendly policy and restore Zimbabwe’s economy. After being elected, he proved to be incapable of doing any of the above. On the contrary, Mnangagwa’s administration decided to print its own faux money which naturally led to monetary collapse. Politically connected elites have been getting US dollars from the reserve bank and selling them at a profit on the parallel market, pushing down the value of the national currency. Meanwhile, banks in Zimbabwe have no US dollars, South African Rands, or Botswana Pulas currencies, and therefore cannot supply stores with the funds to carry on business activity.

The status quo continues, as does the looting of public resources and raids on bank accounts, with the government and Reserve Bank taking over private citizens’ forex savings. The government holds on to repressive laws and it condones violence by state security agents, protecting known perpetrators of serious violations. Tendai Biti, an opposition MP and former finance minister, complains that life has gone back to colonial times: “I’m washing in a bucket, my friend, as if it is Southern Rhodesia in 1923.”

Nonetheless, on January 10, 2020, Zimbabwe replaced its single-engine J-7 fighter jets procured from China with Russian-made $500 million MiG-29 and MiG-35 aircraft. In return, Zimbabwe mortgaged part of its vast mineral wealth to Moscow, including the Darwendale platinum reserve. The arms deal between the countries is part of their already existing $3 billion joint platinum project in collaboration with Rostec from 2014. The deal is one of many agreements signed during a trip to Zimbabwe by Russian Foreign Affairs Minister, Sergey Lavrov, on March 8, 2018.
Is the upgrade really necessary while, after decades of mismanagement and corruption, Zimbabwe is a wreck? Its economy is crashing, and its people are hungry. In fact, according to the UN World Food Programme, by the first half of 2020, the annual inflation will reach 500%, and about half of the population in Zimbabwe will not be able to provide food. The country is poorer than it has ever been due to its ruler’s greed. Nonetheless, other figures have tried to take advantage of the country’s resources. Among them are neighbouring governments, donors, and foreign stakeholders.

Over the past decade, Eastern European countries have filled in the gap left by the West. Zimbabwe- Russian trade reached its peak during 2017-2019. In 2019, the President of Zimbabwe, Emmerson Mnangagwa, together with over 40 other African leaders flew to Russia in hopes of taking better advantage of the newly established cycle. According to the Russian Government, over the first five months of 2019, Russia-Zimbabwe trade rose 9.5% year-on-year to US$18,5 million. Trade-in 2018 stood at US$45,9 million, down 13.6% from the previous year.

Many businessmen from Eastern Europe have been trying to take a bite of the increasingly flourishing commercial interest of Zimbabwe in Russia. One of them, a very significant connecting link between Zimbabwe and Eastern European countries, is the Belarusian businessman Alexander Zingman. Zingman can be seen a lot on the media at events with multiple figures of Africa’s political elite. Including Zambian President Edgar Lungu, Zimbabwe Minister of Lands and Agriculture, Perence Shiri, Zimbabwe Press& Permanent Secretary in the Ministry of Information, George Charamba and others.

Zingman has an impressive track record of brokering several deals in Tanzania and Chad with his partner Witold Karczewski, Vice Chairman of the Polish Chamber of Commerce. Starting in 2017, he has been involved in many of the military purchases between Zimbabwe and other African countries with Belarus and the Russian defence industry, which has been under US sanctions in recent years. His business activity is focused on agriculture equipment, trade of arms, and military equipment.

Alexander Zingman is tied with a network of powerful people, both in East Europe and in the African Continent. One of his closest friends is, in fact, the President of Zimbabwe Emmerson Mnangagwa. Other than brokering deals between Mnangagwa and officials from Russia and Belarus, Zingman is often invited to Mnangagwa’s house to spend time with the family. Zingman is also in contact with the President’s son Emmerson Mnangagwa Junior, who has been involved in his father’s business with Zingman.

On March 3rd, 2018, Zimbabwe Vice President, Constantino Chiwenga, signed $68 million worth of deals as a part of the Memorandum of Understanding (MOU) for economic development and trade with Belarus Chief of Presidential Affairs, Victor Sheiman. Open-source media photos reveal that Zingman accompanied the delegation of Belarus. Zingman was among the figures that surrounded Sheiman and Mnangagwa, both sanctioned by OFAC. On March 29, 2018, a Zimbabwe delegation visited Russia’s Ulan-Ude Aviation Factory, a part of the Russian Helicopters group, to view the VIP modification of Mi-171E helicopters. According to the Factory Managing Director, Leonid Belych, the Zimbabwean guests, and the factory’s authorities, have discussed the terms of prospective sales contracts. Following these meetings, on May 2018, Alexander Zingman finalized a deal with Zimbabwe regarding a sell of two Mil Mi-17 helicopters through the company STAR Strategic Assets III LP.

It was not long before the three met again on September 12, 2018, after swearing in John Chamunorwa Mangwiro as Deputy Minister of Health. President Emmerson Mnangagwa hosted Sheiman and Zingman at State House in Harare for two days. Sheiman and Zingman, who arrived to follow up on several investment deals between the countries, presented Mnangagwa with a birthday gift of a sword inscribed his name and his popular slogan “Pasi neMhandu.” On November 2018, Zingman met with the Chief of Russian Helicopter Company “Baginski”, Andrei Ivanovich Boginsky.

On January 17, 2019, Mnangagwa took part in the opening ceremony of the Zimbabwe consulate’s office in Minsk, Belarus, and admitted Alexander Zingman as Zimbabwe’s Honorary Consul in Belarus. At the end of the ceremony, the President of Belarus, Alexander Lukashenko, invited the guests for an official lunch in honour of the Head of State and Commander-in-Chief of the Zimbabwe Defence Forces. Among the participants were Zimbabwean Minister of Lands, Agriculture and Rural Resettlement Perence Shiri, Press Secretary in the Office of the President of Zimbabwe George Charamba, Belarusian Minister of Foreign Affairs Vladimir Makei and others.

In the same month of Zingman’s appointment, Zimbabwe replaced its single-engine J-7 fighter jets with the MiG-29 and MiG-35 aircrafts. The above sequence of events draws the conclusion that there is a high probability that Zingman was behind this purchase as well. If so, was Mnangagwa appointing him in order to protect his own activities and expand his manoeuvre range?

The thought of the splurge in upgrading the presidential aircraft while Zimbabwe suffers from hunger is a slap in the face for the country’s population. This goes to show that the leader of Zimbabwe still trades the country’s natural resources, and perhaps even distributes generous payments to his middleman, Alexander Zingman, while his nation starves to death.

Post published in: Business

Questions Before Returning To Work After COVID-19


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.

Senator Wyden And Others Introduce Bill Calling The DOJ’s Bluff Regarding Its Attempt To Destroy Section 230 & Encryption

One of the key points we’ve been making concerning Attorney General William Barr and his DOJ’s eager support for the terrible EARN-IT Act, is that much of it really seems to be to cover up the DOJ’s own failings in fighting child porn and child exploitation. The premise behind the EARN IT Act is that there’s a lot of child exploitation/child abuse material found on social media… and that social media companies should do more to block that content. Of course, if you step back and think about it, you’d quickly realize that this is a form of sweeping the problem under the rug. Rather than actually tracking down and arresting those exploiting and abusing children, it’s demanding private companies just hide the evidence of those horrific acts.

And why might the DOJ and others be so supportive of sweeping evidence under the rug and hiding it? Perhaps because the DOJ and Congress have literally failed to live up to their mandates under existing laws to actually fight child exploitation. Barr’s DOJ has been required under law to produce reports showing data about internet crimes against children, and come up with goals to fight those crimes. It has produced only two out of the six reports that were mandated over a decade ago. At the same time, Congress has only allocated a very small budget to state and local law enforcement for fighting internet child abuse. While the laws Congress passed say that Congress should give $60 million to local law enforcement, it has actually allocated only about half of that. Oh, and Homeland Security took nearly half of its “cybercrimes” budget and diverted it to immigration enforcement, rather than fighting internet crimes such as child exploitation.

So… maybe we should recognize that the problem isn’t social media platforms, but the fact that Congress and law enforcement — from local and state up to the DOJ — have literally failed to do their job.

At least some elected officials have decided to call the DOJ’s bluff on why we need the EARN IT Act. Led by Senator Ron Wyden (of course), Senators Kirsten Gillbrand, Bob Casey, Sherrod Brown and Rep. Anna Eshoo have introduced a new bill to actually fight child sex abuse online. Called the Invest in Child Safety Act, it would basically make law enforcement do its job regarding this stuff.

The Invest in Child Safety Act would direct $5 billion in mandatory funding to investigate and target the pedophiles and abusers who create and share child sexual abuse material online. And it would create a new White House office to coordinate efforts across federal agencies, after DOJ refused to comply with a 2008 law requiring coordination and reporting of those efforts. It also directs substantial new funding for community-based efforts to prevent children from becoming victims in the first place.

Basically, the bill would do a bunch of things to make sure that law enforcement is actually dealing with the very real problem of child exploitation, rather than demanding that internet companies (1) sweep evidence under the rug, and (2) break encryption:

  • Quadruple the number of prosecutors and agents in DOJ’s Child Exploitation and Obscenity Section from 30 FTEs to 120 FTEs;
  • Add 100 new agents and investigators for the Federal Bureau of Investigation’s Innocent Images National Initiative, Crimes Against Children Unit, Child Abduction Rapid Deployment Teams, and Child Exploitation and Human Trafficking Task Forces;
  • Fund 65 new NCMEC analysts, engineers, and mental health counselors, as well as a major upgrade to NCMEC’s technology platform to enable the organization to more effectively evaluate and process CSAM reports from tech companies;
  • Double funding for the state Internet Crimes Against Children (ICAC) Task Forces;
  • Double funding for the National Criminal Justice Training Center, to administer crucial Internet Crimes Against Children and Missing and Exploited Children training programs;
  • Increase funding for evidence-based programs, local governments and non-federal entities to detect, prevent and support victims of child sexual abuse, including school-based mental health services and prevention programs like the Children’s Advocacy Centers and the HHS’ Street Outreach Program;
  • Require tech companies to increase the time that they hold evidence of CSAM, in a secure database, to enable law enforcement agencies to prosecute older cases;
  • Establish an Office to Enforce and Protect Against Child Sexual Exploitation, within the Executive Office of the President, to direct and streamline the federal government’s efforts to prevent, investigate and prosecute the scourge of child exploitation;
  • Require the Office to develop an enforcement and protection strategy, in coordination with HHS and GAO; and
  • Require the Office to submit annual monitoring reports, subject to mandatory Congressional testimony to ensure timely execution.

While I always have concerns about law enforcement mission creep and misguided targeting of law enforcement efforts, hopefully everyone can agree that child exploitation does remain a very real problem, and one that law enforcement should be investigating and going after those who are actually exploiting and abusing children. This bill would make that possible, rather than the alternative approach of just blaming the internet companies for law enforcement’s failure to take any of this seriously.

Senator Wyden And Others Introduce Bill Calling The DOJ’s Bluff Regarding Its Attempt To Destroy Section 230 & Encryption

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New Lawsuit Alleges Age Discrimination Amid COVID-19 Upheaval At Shearman & Sterling

A new lawsuit filed yesterday in the Southern District of New York alleges a combination of age discrimination and COVID-19 financial pressures led to a Shearman & Sterling staffer being fired. Mark Kanyuk, 62, former global manager of facilities and audiovisual infrastructure at Shearman alleges in his lawsuit that the firm “chose to start the [COVID-19] layoffs with one of its oldest and most committed employees.”

According to the complaint, improper age bias is evidenced by Kanyuk’s supervisor repeatedly calling him “old man.” Additionally, the plaintiff alleges others made jokes about how long Kanyuk was at Shearman, which was over 25 years.

The complaint also takes aim at the firm’s claim Kanyuk was fired for cause (receiving kickbacks from vendors he worked with in the course of his employment):

Defendant informed Plaintiff on the day of his termination that he was accused of unethical behavior, taking kickbacks from vendors. Defendant Shearman & Sterling LLP did not bother to tell Plaintiff who made this accusation, let alone give him an opportunity to address it. To be sure, Plaintiff still does not know specifically what unethical conduct he is purported to have engaged in. His boss simply told him he was terminated and offered him two weeks of severance pay.

When reached for comment, a firm spokesperson disputed the allegations in the complaint and said the plaintiff was fired for cause:

We have not made any layoffs at the firm – whether in relation to COVID-19 or anything else. Mr Kanyuk was terminated for cause, on the basis of substantial evidence of inappropriate conduct in the performance of his job. The plaintiff’s allegations are completely without merit and the firm will contest them vigorously.

Read the full complaint below.


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).