Surviving COVID-19 in a fragile state: why social resilience is essential – The Zimbabwean

The article below appeared on African Arguments’ Debating Ideas blog last Friday. As of 29 March there were 7 cases, and no further deaths. But there is little doubt that the impending situation in Zimbabwe is serious, and the government is unable to respond. The tragic death of Zororo Makamba was an early warning of what may be in store. While support from corporate philanthropists, such as Jack Ma and Strive Masiyiwa, is welcome, everyone needs to take action.  So don’t just read the blog, please do donate to the Citizens’ Initiative organised by Freeman Chari and others. It’s a legit outfit and gets money where it’s needed.

Surviving COVID-19: Fragility, Resilience and Inequality in Zimbabwe

Ian Scoones

Zimbabwe had three confirmed cases and one recorded death of COVID-19 (coronavirus) as of 26 March, and a national disaster has been declared. So far suspected cases have been limited, but once the virus spreads through the population, it could be devastating.

In thinking about COVID-19 in Zimbabwe, and in Africa more broadly, three dimensions are important – fragility, resilience and inequality. It may be that obvious fragilities are counteracted to some extent by capacities to adapt and be resilient, but this depends on who you are and where you live.

Fragility

The conditions for rapid spread of COVID-19, certainly in townships in urban centres, are all there – crowded housing, poor sanitation, lack of water, immune-compromised populations due to HIV and lack of services. For pandemic preparedness planners, this is a recipe for a major disaster.

As people get sick, the ability of the health services to respond is seriously limited. The one infectious disease hospital (Wilkins in Harare) has limited capacity, and apparently no intensive-care ventilation facilities. There are supposedly only 16 ventilator machines in the country.

The medical profession is disillusioned and under-paid, and has recently been on a long strike, unheard of among committed doctors. Yesterday, nurses and some doctors walked out complaining of a lack of basic protective equipment. Many well-qualified doctors have left the country; even Cuban doctors, who have come to Zimbabwe’s aid in the past, may be fewer this time.

State neglect of the health service has been long-running, ever since the imposition of structural adjustment policies from 1991. In the past years it has got worse, and the public system has nearly collapsed. Private providers offer good services to the rich who can pay, but this is limited. And they are not geared up for a public health emergency.

The government’s response has been patchy so far. After ignoring warnings, an emergency declaration was made banning public gatherings and encouraging social distancing, but the President still proceeded with a rally the next day. Meanwhile, the defence minister caused an international sensation, and much opprobrium, by declaring that coronavirus had come from God to punish the West for imposing sanctions on Zimbabwe. The government distanced itself, but it rather highlights the dismal calibre of some at the highest level.

This current regime clearly doesn’t garner much trust. The political settlement has fallen apart. The state seems simply not to care. As Simukai Chigudu describes for the 2008 cholera outbreak a mixture of disdain and callous contempt is shown by the state. With the economy continuing to free-fall, Zimbabwe, by any indicator, is a ‘fragile state’ – and so one of the least able to respond to a pandemic.

Resilience

Yet, indicators of fragility tend to focus on the functioning of the state, assuming that states must replicate those in the West or China. In a crisis, however, well-ordered, functioning states are often unable to cope. They are not used to responding to surprise, high variability, random shocks and an inability to plan and predict. They do not have systems of reliability at their core.

While the Zimbabwean state is clearly highly fragile, given years of neglect and a serious lack of resources, there are other aspects of the Zimbabwe setting that give hope. Resilience – the ability to respond to and bounce back from shocks, even transforming the situation along the way – is built by people in networks, embedded in social relations, with values and commitments that go beyond narrow individualism. We see a lot of these characteristics in Zimbabwe; and people have had to learn these skills and practices the hard way.

Over twenty years of economic and political chaos has ensured that food is supplied through informal means, across multiple social networks, even as food emergencies are declared at a central level. The informalisation of life – the sense of getting by and living with uncertainty (débrouillardise in the Congolese rendition) – has affected all relations. If there is nothing in the shops or no fuel at the pumps, then look elsewhere, ring someone up, find an alternative. Something will happen, always. It is these capacities that are essential for surviving in a pandemic, and that those in the West are learning fast, as shops empty, people panic buy and services cease.

The painful lessons of the HIV/AIDS pandemic are imprinted on Zimbabwe’s consciousness: first it was a blame game – gays, foreigners, sex workers, truck drivers; and then everyone realised this was affecting everyone, and many friends and family were dying. Leadership from Timothy Stamps, the health minister, the commitment of front-line health workers and community changes in behaviour (along with the supply of cheap anti-retrovirals) turned the tide, and Zimbabwe was one of the first in the region to show declines in the disease. These lessons will be important now; just as in West Africa where the lessons from Ebola will be vital. Pointing the finger elsewhere doesn’t stop a virus, and everyone has to be committed to a collective response.

So now will be an important moment for rebuilding solidarities and forms of mutualism and moral economy that are at the heart of social resilience. With the UK Premier League cancelled, the WhatsApp groups dedicated to following Chelsea or Arsenal can be repurposed to helping each other, while churches will take on new meanings amongst congregations, even if not gathering physically. International connections are important too, although South Africa’s plan to build a fence on the Zimbabwe border to prevent illegal, ‘diseased’ migrants entering sends out a dismal signal. Networks of kin across the world, connected though remittances flows and Western Union, will be vital, just as messages (and good Zimbabwean jokes and memes) via social media will be important.

Even in the UK, so subsumed in an individualistic culture for generations, the importance of community, connection and solidarity are being rediscovered through ‘mutual aid’ groups. This will be much easier in Zimbabwe and, in the absent of a caring or competent state, will be essential.

Inequality

While at one level it’s true that viruses respect no borders and affect all people, the consequences are very unevenly felt. While we are all in it together, some are more exposed. Who is most likely to catch the disease? Who is most likely to become ill? Who is most likely to suffer from the failure of health services?

Some of this is to do with biology – it is the elderly, for example, who seem to get the worst symptoms – but a lot is to do with deep structural inequalities. The colonial shape of cities is one aspect: crowded townships (for black African workers), distant from places of work and the suburbs originally reserved for whites, require daily travel on crowded transport networks. This is the perfect setting for contagion.

Add to this the crowded nature of such ‘high-density’ townships (yes it’s in the name – blacks were not deemed to need space), and the decline in services, mean that ‘social-distancing’ is impossible. This was ruled out in the colonial era, and has been made worse by economic decline, where travelling for precarious work and endless queuing are part of daily life.

Meanwhile, the edicts of ‘hand-washing’, good hygiene and healthy food are impossible to follow if tap water doesn’t run, people share boreholes and poverty restricts what food can be bought. This is what Paul Farmer refers to as ‘structural violence’ – the violence of deep inequality that causes vulnerability and disease.

By contrast, those living in the low- or medium-density suburbs, and with resources, can distance themselves, and have resources to buy alternatives – privately pumped water, insurance for health care, money to buy things at inflated prices, or they’re even able skip the country if needs be.

Workers from the townships who service the city and offer labour in businesses and factories are those who are the most vulnerable to economic shutdown. They have experience of this, and many have already lost their formal jobs as the economy collapsed. They travel in to take up precarious, informal work, which can cease at a stroke without recompense.

Knee-jerk reactions by the state, in shallow attempts at asserting control, are often directed at the most vulnerable. Informal markets are closed because of notional hygiene concerns, for example. Those operating in recognised trading sites are taxed exorbitantly, even though this restricts access to toilets and washing facilities, especially for women. Extreme quarantine measures, in the context of a fragile state, may end up doing more harm than good, undermining social resilience.

It’s probably those in the rural areas who are the most resilient in the face of the COVID-19 crisis. Having food to eat or sell, and solid local networks to draw on, with limited expectations of the state anyway, many have successfully ridden out the roller-coaster ride that has been the Zimbabwean economy. Forms of collective action that can regrade roads in rural areas can surely also assist with pandemic response, in alliance with Zimbabwe’s many committed health care workers, community leaders and others.

Of course, as people become very critically ill, this is outside anyone’s ability to respond – and in Zimbabwe this includes the whole health system – so this is why enhancing the ability to stop the spread and building resilience is the essential challenge of the moment. As winter approaches, there is probably very little time.

Post published in: Featured

100% unprepared – Zimbabwe Vigil Diary – The Zimbabwean

As Zimbabwe follows the UK into lockdown to try to control the spread of coronavirus, we can tell from our own experience here that Health Minister Obadiah Moyo was mistaken when he claimed early this month that Zimbabwe was ‘100% prepared’ for an epidemic (seehttps://www.voanews.com/science-health/coronavirus-outbreak/zimbabwe-says-100-percent-prepared-coronavirus).

Just how unprepared the country is was shown by the wretched treatment received by the broadcaster Zororo Makamba, the first Zimbabwean to die from the virus – even though he had the advantage of being the son of a business tycoon and Zanu PF politician.

30-year-old Zororo returned from a visit to New York on 20th March with what was thought to be a slight flu.  When he developed a fever his doctor recommended that he go to the country’s designated health quarantine facility, Wilkins Hospital in Harare, which turned out to be woefully ill-equipped to deal with serious infections.

His elder brother Tawanda Makamba described a catalogue of deficiencies. If the outcome wasn’t so tragic, some of the incidents could have been slapstick farce. For instance: the hospital had no ventilator to help Zororo breathe. The family managed to obtain one but the hospital could not use it because it had an American plug. Tawanda went and bought an adaptor but the hospital said they still couldn’t use the ventilator because there were no electricity sockets in his room. So he went and bought an extension cord but they refused to use it!

Tawanda said the family appealed to Health Minister Moyo who promised all sorts of things and delivered nothing. Tawanda said the nurses were afraid to handle the situation. ‘It even got to a point where they were telling us that we were bothering them.’ He went on: At the end, before he died, he kept telling us that he was alone and scared and the staff were refusing to help him to a point where he got up and tried to walk out and they were trying to restrain him’.

He warned: ‘Right now they don’t even have water at Wilkins. So if you come here to be treated for coronavirus there is absolutely no treatment you will get. You will die’. (See: https://www.thezimbabwean.co/2020/03/makamba-family-fumes-over-zororos-death/).

With many countries imposing restrictions on flights and foreign visitors, the Zanu PF financier Kudakwashe Tagwirei is taking over two private hospitals in Harare to be upgraded for the elite now that they will be finding it difficult to go abroad for medical treatment. MDC Vice-President Tendai Biti said there was: ‘no limit, shame, remorse or elasticity to the evils of this regime’ (see: https://www.zimlive.com/2020/03/26/outrage-over-coronavirus-hospitals-for-the-political-elite-in-zimbabwe/).

In the UK we are constantly warned to wash our hands with soap and to avoid being within two metres of anyone in a public space. We have seen little sign that similar advice is being followed in Zimbabwe and observers say it is futile to expect informal traders to let their families starve. 

Other points

  • Because of the coronavirus, we can no longer physically meet outside the Zimbabwe Embassy in London, so we have started a virtual Vigil. We asked our activists to put on Vigil / ROHR / Zimbabwe regalia and take a photo of themselves holding an appropriate poster reflecting our protest against human rights abuses in Zimbabwe. The photos are uploaded on our Flickr site (see: https://www.flickr.com/photos/zimbabwevigil/albums/72157713664725127). Our first virtual Vigil activists were Esther Munyira and Rose Benton who both also kindly contributed to Vigil funds.
  • The Minister of Lands, Air Marshal Perence Shiri, has made it clear that Zimbabwean white farmers are not included in the government’s recent announcement widely seen as reversing the land takeover. Phiri said only dispossessed ‘indigenous’ farmers and those covered by bilateral agreements would have the opportunity to get land back. Human rights campaigner Ben Freeth spoke of racial discrimination and said the move would not persuade the world that Zimbabwe is a secure investment (see: https://www.thezimbabwean.co/2020/03/zimbabwe-governments-land-for-compensation-offer-is-misleading/).
  • For Vigil pictures check: http://www.flickr.com/photos/zimbabwevigil/. Please note: Vigil photos can only be downloaded from our Flickr website.

EVENTS AND NOTICES:

  • The Restoration of Human Rights in Zimbabwe (ROHR) is the Vigil’s partner organization based in Zimbabwe. ROHR grew out of the need for the Vigil to have an organization 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

July NY State Bar Exam Officially Off

The news just isn’t stopping today.

After a “will they, won’t they” worthy of a Rom Com, the NY Court of Appeals has officially pulled the plug on the July administration of the NY State Bar Exam.

We’ll probably have more on this on Monday, but for now… more time to freak out!


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.

So Many Questions Today — See Also

Yeah, But How Bad Was It Really?: ASU wants students to explain how COVID has hurt them.

So… We Gonna Do This Summer Thing Or Not?: A lot of summer associate programs are in limbo.

Are We Doing The Bar Exam In The Fall Now?: Still no decision, but the deadline is coming up fast.

Just To Be Clear, Is This Not An Emergency?: Judge displeased with “emergency” deposition scheduling motion.

What Is The Constitution Anymore?: Mark Meadows getting upfront with his constitutional breaches.

Biglaw Firm Sees Revenue Increases For The 9th Year In A Row

(Image via Getty)

According to 2019 financial data collected by ALM, which Biglaw firm grossed $2.337 billion in 2019, which is a 5.3 percent increase over 2018?

Hint: Gross revenue at the firm increased for the ninth year in a row. Profits per equity partner increased 10.5 percent — to $2.82 million — though the firm lost a net 21 equity partners, down 6.4 percent.

See the answer on the next page.

When A Law School Says ‘Don’t Contact The Media,’ You Should ABSOLUTELY Contact The Media

This is a story about law school and COVID-19, but it’s remarkable how it’s basically a redux of this post about divorce law in the UK. In that story, a man who caught his lawyer wife cheating asked Reddit if he should trust her legal advice that the divorce would be a lot better for him if he just never brought up this whole adultery thing. The wisdom of crowds replied, “Of course not.”

Because when someone has a vested interest in keeping something quiet to your detriment, they probably don’t have your best interests at heart.

Now comes the University of Georgia School of Law, which isn’t offering any pass/fail options at this time because the curve must go on!

According to tipsters, the school’s defense is that the University System of Georgia is blocking the modification so it’s out of the law school’s hands. Certainly everyone has a higher master, and if the system is blocking accommodations, there’s not much the law school can do. And it wouldn’t be shocking if that were the case since Governor Brian Kemp spent the last couple weeks trying to stay simpatico with Trump on the virus. He even decried fake reports that Georgia was in an emergency, which was an ironic twist since Kemp won his office by… spreading false reports. You’d think he’d be more sympathetic.

But it seems UGA Law officials are counseling students not to talk to the media or the University System of Georgia which seems suspect because if this is really USG’s policy that would be exactly who students should be contacting. “They said we don’t want to throw away ‘the good faith and effort the faculty had tried to build’… and throw the school under the bus.”

Like the cheating wife’s legal advice, when someone tells you not to contact the media, it should raise a red flag that you should definitely contact the media. Their motive is in protecting themselves and not necessarily you. And, assuming this really is some edict handed down upon the law school, it’s fair to be sympathetic to their position. They will likely get blamed by short-sighted bureaucrats for “allowing” the students to lodge complaints and that sucks for them. But in the legal world, you have to protect your interests and if students feel that a pass/fail option is in their best interests, they need to be spreading the word.

Earlier: Reddit Law School Rides To Rescue After Cheating Lawyer Wife Tries To Set Terms Of Divorce


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.

5 eDiscovery Best Practices From Industry Experts

As we enter a new decade of eDiscovery, we continue to follow the rise of new laws and tech advancements. From emerging collaboration platforms to the latest in privacy laws, the changes in the industry can feel overwhelming — leaving us sprinting to keep up.

To figure out how to best adapt to these changes, I sat down with five trusted eDiscovery experts to hear their go-to approaches. Read on for some fresh perspectives and hacks to apply to your eDiscovery process in 2020 and beyond.

1. Ask These Questions Before You’re In The Throes of eDiscovery

Robert D. Brownstone, Esq., Fenwick & West LLP.

A major eDiscovery pain point for many legal teams emanates from the preservation, extraction and review of data from communication/collaboration platforms. Robust, versatile tools such as Slack, Microsoft Teams, Atlassian Chat, HipChat, Evernote, and Wickr are all still relatively new, making their day-to-day information management still uncharted territory. Yet, the inevitable data request can strike at a moment’s notice, plunging a team into reactive mode. So, every company’s legal team should follow the motto of the Girl Scouts, the Boy Scouts and even the wacky myriad-horned goat in the animated film Hoodwinked: “Be Prepared.”

Ediscovery preparedness should be proactive before the corporate “body is on the table.” It’s crucial to have engaged in some effective advanced planning. To do so, ask the correct questions before you’re in the throes of eDiscovery. Here’s a list of some key inquiries to prepare your team. An organization that deploys one or more of these platforms should assess each tool, understand its auto-delete settings and routinize its approach to eDiscovery.

For the platform itself…

1. Is it hosted internally?

2. Is it in the cloud by an outside company and/or the purveyor of the software /platform?

3. Is it a free version as opposed to a for-fee version?

4. If it is a for-fee version, then which version is it?

For retention and capture…

1. Is content routinely logged in a given platform?

2. Is logging the default?

3. If no-logging is the default, do the settings allow individuals and/or teams to turn on logging ad hoc or in general?

For auto-deletes…

1. Are auto-delete rules in place or should they be? [e.g., age-based and/or volume-based]

2. If there is not any auto-deletion rule, is there a routine by which a platform’s administrator, a team leader and/or anyone in IT manually deletes content? 

3. If there is an automated or manual process, is there a protocol that delineates a process and, if not, then who will collaborate to write one up?

4. Whatever is or isn’t memorialized, what actually happens in the trenches — including vis-à-vis pertinent users and/or teams — as to retention, logging, deletion and the like?

2. APIs Are The Keys to Your Data

Olga V. Mack, CEO & General Counsel, Parley Pro

When assessing eDiscovery tools, there’s so much that goes into finding the right platform. From user permissions to deployment options, there’s always a number of features you’ll want to tick off before settling on a solution. One feature you may have heard about in the IT world, but maybe don’t know enough about, are APIs or Application Programming Interfaces. If you’re an eDiscovery professional, APIs will become increasingly important for you in this new age of technology. Here’s why:

When it comes to data collection, it goes without saying you’ll want to collect data in its most native, defensible format. With the rise of newer communication and collaboration tools, collecting defensible data is getting trickier and trickier. Why? The more dynamic capabilities in a platform, the more dynamic the data. Take eDiscovery for Slack for example. The more dynamic its data is, the harder it is to extract in a comprehensive way. APIs are the solution to this problem — they’re essentially what allows applications to talk to one another and transfer data from one system to the next.

For example, when you post a photo to Instagram, you’re given the option to simultaneously post it to Facebook. The reason Facebook is able to automatically populate the same photo, location, caption, etc. is because Instagram’s open API transferred all of the data that makes up that post over to Facebook seamlessly. Apply this same idea to your eDiscovery tool, and it can seamlessly extract and transfer data from any of your apps such as Slack, Gmail, or Dropbox.

Without an API, eDiscovery professionals must resort to screengrabs which won’t hold up as valid evidence. Think of the application you’re collecting from as a house, and APIs as the keys to that house — without an API connection, you can only see what’s on the outside of the house. However, with an API connection, you can see what’s going on inside the house. APIs are what turn surface-level information into valuable insights, and that is what makes the difference.

2. IT & Legal: Learn Each Other’s Languages

Nicole Thompson, Head of Client Success, Onna

As a vendor in the eDiscovery space, I work with both legal and IT teams to ensure our product is utilized to its fullest potential. As the years progress, I’m seeing a greater need for collaboration between these two teams. Each should have a shared strategy on how to tackle enterprise data / shared workflow — especially when it comes to onboarding new eDiscovery and compliance tools. The sophistication of today’s legal technologies has caused a high demand for lawyers who have IT expertise as well as IT professionals who have legal expertise. As the platforms we collect from become more complex, having transparency and alignment between these two teams is crucial.

The first step towards transparency and alignment is understanding every data source on the company tech stack. I recommend that IT and legal have monthly or quarterly check-ins to see what tools have been onboarded and how they’re being used. This ensures everyone’s on the same page, and there are no surprises when the inevitable eDiscovery request comes. When analyzing your tech stack, you may want to create a shared questionnaire to understand the limitations/considerations of existing data sources. This questionnaire can also help set your team up for success when evaluating future tools.

Potential Questionnaire:

  1. What type of data is going to be stored?
  2. Who is going to be using the tool? How is it going to be used?
  3. Can it be connected to others via an API? Does it have an open API?
  4. What is the probability it can store personal or consumer data?
  5. What is the search like? What information is indexed?
  6. Do they have native retention policies?
  7. Where is the data stored? Who is the processor?
  8. If needed, how can we get the information out? Does it have native exports?
  9. Are there any other limitations you should be aware of? Are you limited by the type of version you’re using?
  10. What are the user types and roles that exist?
  11. Does it allow guest accounts?

4. Math Will Set You Free

Benjamin Sexton, VP of eDiscovery and Analytics, JND Legal Administration

Opposing parties often struggle to effectively negotiate data scope and reduction methodology. In one scenario, they attempt to negotiate the parameters of AI algorithms, where learning curves are steep, and technical decisions have a sweeping impact on which documents are exchanged. In another scenario, parties negotiate data scope using keyword lists, seeking transparency, usually at the expense of the quality.

As a best practice, I advise clients to avoid pigeon-holing themselves into a specific document retrieval or AI-driven review strategy. Rather than negotiate a specific document retrieval/AI workflow, I recommend negotiating the quality standards that must be met by the production.

To dive deeper into this idea, let’s take the Elusion Test in Relativity for example. The Elusion Test is a great way to statistically validate the results of a population reduction workflow. You can do this by simply demonstrating that the “discard” pile is nonresponsive to the matter. One can agree to run a statistically valid random sampling of the null set before any documents are discarded, to verify that they are unresponsive.

Often the best workflow for population reduction isn’t one-size-fits-all and can change throughout a case as issues and data types are introduced in the matter. It isn’t uncommon that we may use Active Learning, keywords, communication analysis, and clustering in one case to identify a review set and eliminate non-responsive documents. Rather than justify each button we click along the way from A to B, we use statistics to justify the results for opposing, without hamstringing our team to a single predefined methodology. Quality standards are easier to negotiate, and arguably more important, than methodology.

5. Turn Custodian Interviews into Production Interviews

Amy Sellars, Assistant General Counsel and Director, Discovery Center of Excellence, Cardinal Health

Before our tech skills kick in, our people skills are of utmost importance. I am an evangelist for early and in-person custodial interviews. Meet with your custodians in person whenever possible and give them context for the data interview. Phone is second best — an electronic interview might actually be worse than nothing. A standardized custodial interview form is a must, but the interview should be a conversation. During subsequent conversations with custodians, remember to ask if anything has changed about their data use. Discovery is iterative.

As custodians share information about the data they use and access, think about what that data will look like when you actually produce it. For example, when a custodian lists a database as one of the data sources related to a matter, ask for sample reports that you can use in your 26(f) or state equivalent to set expectations with other parties and the judge. Talk with the database administrator right away, and ask for the number of records that might be implicated — will that affect the possible format of production? Conduct your interviews with a finished production in mind.

About Onna

Onna is a data integration platform that helps legal teams collect from today’s most popular enterprise apps in a quick, and painless way. Built with a powerful API infrastructure, we help some of the biggest names in tech secure, access, and search across all of their enterprise information to find exactly what they need. Set legal holds, personalize retention policies, review and collaborate on evidence, and when you’re ready, export data into the review platform of your choice. (Yes, we’re compatible with them all!) Download our eDiscovery Guide for Emerging Applications to learn more or go ahead and contact us!

Judge Benchslaps Attorneys For Thinking Their Case Is So Important In The Middle Of A Damn Pandemic

Perspective. That’s really the key to litigating (or homeschooling or shopping or everything) during a global health crisis. That’s the point that Wachtell partner William Savitt was making when he took issue with lawyers getting their panties in a bunch over “nonessential” cases. And it looks like Magistrate Judge Jonathan Goodman totally agrees.

The case is CW v NCL (Bahamas) Ltd, No. 19-cv-24441 (SD FL), and it started as a scheduling “snafu” over a corporate representative deposition. Which really — even absent COVID-19 — shouldn’t be that big of a deal. But the plaintiff unilaterally scheduled the deposition and defendants filed an emergency motion for a protective order, and well, Judge Goodman has had just about enough of this foolishness.

His order pretty quickly tells the parties to get a grip:

Presumably, the parties will reschedule the hearing if they still can’t on their own resolve a routine deposition scheduling snafu. Nevertheless, I feel compelled to offer some observations in the “let’s-keep-things-in-perspective” department.

The entire world is in the midst of a pandemic. Thousands of people worldwide have contracted the Corona virus and there have been hundreds of virus-caused deaths in the United States. Millions of Americans have been ordered to remain in their homes. Millions more have lost their jobs in the past two weeks. The stock market has taken a brutal beating in the last two to three weeks. Many people are scared. Others are panicked. Everyone is unsure about the future. Cruises have been canceled and all the major airlines have severely curtailed their flights.

We are living in an unprecedented situation.

Nevertheless, the lawyers in this case have been exchanging snippy emails over the past two weeks over the scheduling of a corporate representative deposition. Moreover, defense counsel certified that this routine discovery dust-up is so important that it merits “emergency” status.

No, it doesn’t.

And the order goes on, slamming plaintiff for thinking the defendant — a cruise line, no less — would be able to comply with the deposition request right now:

Local Rule 7.1(d) requires a movant seeking emergency relief to certify that a “true emergency” exists because meaningful relief could not be provided on “a critical, non-routine” issue within seven days. (emphasis added).

A spat over the specific day of a corporate representative deposition is hardly critical. It is, in fact, routine.

Moving past the incorrect and, frankly, reckless designation of this dispute as an “emergency,” the Undersigned is shocked that counsel could not on their own resolve the issue. Given the health and economic crisis we are in, not postponing the deposition scheduled for next week is patently unreasonable.

If all the issues we are currently facing were to be organized on a ladder of importance, this deposition-scheduling dispute would not even reach the bottom rung of a 10-rung ladder.

It is painfully obvious that counsel for both sides failed to keep their comparatively unimportant dispute in perspective. Would the world end if the corporate deposition did not occur next week? Obviously not. Is it reasonable to require defense counsel to prepare the 30(b)(6) witness for a deposition while complying with the social distancing standard of ten feet? Absolutely not. Is it rational to expect defense counsel to enlist assistance from cruise ship attorneys and other employees (e.g., to track down documents and information) to adequately prepare the corporate representative when the entire cruise ship industry is on lockdown and thousands of employees have been let go? Of course not.

So the deposition will not be taken next week. Life will go on. But the Undersigned will be requiring counsel for both sides to appear for a hearing at some point, even if they work out the rescheduled date for the corporate deposition. That hearing will require the attorneys to explain their behavior in context of the far-more-important issues this Court (and the entire world) is facing.

I don’t even have much to add. Judge Goodman handles the matter with aplomb. You can only imagine the finger-pointing that will go on when the attorneys are dragged in front of the judge to explain themselves.


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).

Your Various Jobs and Entire Career Will Have An Expiration Date, But Your Everyday Actions Will Not — Practice Courage And Be Kind

(Image via Getty)

“Working on the weekend like usual / Way off in the deep end like usual / They swear they passed us, they doing too much / Haven’t done my taxes, I’m too turned up.” Drake

For those in Biglaw or following the uber-competitive, but rather frictionless path to Biglaw — and have already secured an offer post-law school graduation — this article may not seem relevant to you. But sometime in the future, it may be something you’ll want to reference.

For those who run their own practice or wandering down a non-traditional legal path, this post may be especially timely.

Regardless of where you are in your career, it is important to take stock of your personal inventory and be intentional about your long-term trajectory. But I’m not sure I’m telling you anything you don’t already know — as a lot of this advice may seem like I’m preaching to the choir.

On Wednesday, I hosted my 22nd presentation for my former company. The theme was “Advocating for Your Career and Self-Care.” My guests were Kurt Merriweather, Vice President of Strategy and Transformation at Walk West, and Nickeyea Wilkinson, my former colleague who was featured on ATL a few weeks back.

Merriweather, whose presentation can be seen here, discussed the power of being different in charting your career and company impact. The key takeaways were:

  1. Honestly determine where you are (From) and boldly plot where you want to go in your career journey (To)
  2. Establish a team of personal board of advisors that are the best in your industry
  3. Ask ourselves how colleagues, customers and the company are experiencing unique value because of our presence

Wilkinson’s fireside chat can be viewed here. Wilkinson also told her story in the ATL article “We are Failing Women Of Color and It Is Fatal — A Discussion with Hampton, NCCU Law Alum Nickeyea Wilkinson and Howard, NYU Alum Ashlee Wisdom.” As Wilkinson shared with us:

Silently, I endured many years of physical and mental anguish because of fibroids. Realizing that there is a need for support motivated me to create this video, along with several others.

These videos [that make up my video project] are small ‘snippets’ of a larger documentary on the ‘black women’s experience’ with fibroids that I want to create. I hope that the videos will encourage women to open up about their own health issues, spark conversations, and garner support from leaders representing both the private and public sectors of healthcare, technology, and academia.

I hope to share my story and connect with other women who may share similar experiences and/or conditions. It is now my mission to spread awareness about women health issues, particularly issues impacting women’s reproductive health, as well as voice my concerns about the lack of information, research, and support, especially as it relates to fibroids.

Fibroids have been donned the ‘black women’s disease’ because of how disproportionately fibroids affect black women. I often feel that there is an angle or narrative echoed when we are discussing health issues that greatly impact minorities. And, too often, such discussion does not reflect the minority’s perspective. I want to change the narrative and create opportunities for open and honest discussion.  My voice is a result of my own silence. While it is my ‘right to remain silent’ and keep personal health experiences confidential, doing so does nothing for the greater good.

I believe that our life purpose(s) is married to our desires and experiences. Beyond having a flourishing legal career, I desire to be a wife and a mom. The fact that I am dealing with issues that can impact my fertility, is a threat to my desires.

However, I am an incredibly optimistic person and a woman of faith. I will use my experiences with fibroids and ovarian cysts as a testimony and an encouragement tool. I do believe that sharing my story and advocating for other women, is one of my life’s purposes. Everything does happen for a reason!

Please seek out opportunities to advocate for your health. Share your individual story. You never know who your story is giving a voice to!

My talk on #SocialCapital is available here. It was the first presentation I ever gave at the company, so I thought it apt to also be my last presentation at the organization as well. It’s a very condensed presentation of the one I did for the 12th Annual Legal and Inclusiveness Conference in Denver, Colorado in 2018.

Borrowing significantly from Reid Hoffman’s and Ben Casnocha’s book “The Start-Up of You” (also mentioned in past writings here and here) and Cal Newport’s book “So Good They Can’t Ignore You,” I coaxed the audience to think of their career as a startup.

These two excerpts from Hoffman’s book are the core foundation of my #SocialCapital talk:

All human beings are entrepreneurs. When we were in the caves, we were all self-employed … finding our food, feeding ourselves. That’s where human history began. As civilization came, we suppressed it. We became ‘labor’ because they stamped us, ‘You are labor.’ We forgot that we are entrepreneurs. — Muhammad Yunus, Nobel Peace Prize winner and microfinance pioneer…

Whether you’re a lawyer or doctor or teacher or engineer or even a business owner, today you need to also think of yourself as an entrepreneur at the helm of at least one living, growing start-up venture: your career.

It is no secret, we as a society are going through a very difficult time — to say the least. Uncertainty abounds and it is breeding anxiety, fear, and xenophobia. We need to remember our various jobs and entire careers will have an expiration date. But our everyday actions will not.

In times like these, I often think of Maya Angelou’s words: “I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel” and “courage is the most important of all the virtues. Because without courage, you cannot practice any other virtues consistently. You see — you can’t be consistently kind, fair, humane, or generous. Not without courage. Because if you don’t have it, then sooner or later you’ll stop and say — the threat is too much, the difficulty is too high, and the challenge is too great.”

In dealing with fear and anxiety, we cannot just put our heads in the sand and ignore what is happening around us — staying entrenched to the “business as usual” mindset. Now more than ever, we must be vigilant in assuring we progress as a society. At the end of this COVID-19 pandemic, who do we want to be? When it all said and done, there will be a lot said, but how much will actually be done? Our country is struggling to breathe. When it’s resuscitated, will it be better off? Or will the actions and means we undertook continue to haunt our dreams? Justice isn’t self-executing, it must be fought for every step of the way.

It is indeed important for us to be intentional about our respective careers and long-term prospects. But it’s also critical we help each other, especially those who are most in need, during this tumultuous time. As best-selling author Brad Seltzer famously implores: “Everyone you meet is fighting a battle you know nothing about. Be kind. Always.”

Please join us in wishing David Lat — who has shown “mild improvement” in recent days, but whose prognosis is still uncertain — a speedy recovery from COVID-19.


Renwei Chung is the Diversity Columnist at Above the Law. You can contact Renwei by email at projectrenwei@gmail.com, follow him on Twitter (@renweichung), or connect with him on LinkedIn

How Is Mark Meadows Both A Congressman And Employed In The Executive Branch? What Even Is Constitution?

For “originalists,” those Tea Party guys sure know how to get jiggy when they’re actively interpreting the Constitution. Article 1, Section 6 would seem to unequivocally bar a sitting congressional representative from simultaneously serving in the executive branch.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

And yet, North Carolina Rep. Mark Meadows appears to be doing just that. Escándalo!

Meadows was named White House Chief of Staff on March 6, when Trump rewarded Mick Mulvaney for his loyal service during the impeachment trial by unceremoniously shoving him in the direction of Northern Ireland.

Meadows certainly appears to be serving as COS, accompanying Treasury Secretary Mnuchin on marathon negotiations with Mitch McConnell and Chuck Schumer this week to hammer out the coronavirus stimulus package. White House Economic Advisor Larry Kudlow stood next to Trump at Tuesday’s press briefing and referred to “Chief of Staff, Mark Meadows,” and Meadows hasn’t voted on any legislation since March 5.

Chief of Staff isn’t a position which requires senate confirmation, so … sounds like Meadows is COS, right?

Not so fast! 

“Mick Mulvaney is still the acting chief, officially,” Meadows told Roll Call Tuesday, adding later, “I’ll end up resigning as a member of Congress, and that happens toward the end of the month.” Luckily, Meadows has served for more than five years, so he can start collecting a full congressional pension at 62.

The distinction (without a difference) appears to be that Meadows isn’t yet officially on the White House payroll. In this, he continues in the proud tradition of his predecessor, who remained the Acting COS for over a year, retaining his title as head of the Office of Management and Budget “because it’s a $20,000 pay cut.” In fact, he still holds that job (presumably depriving his deputy of the pay bump), in addition to acting as White House Chief of Staff and also Special Envoy Designate to Northern Ireland awaiting confirmation.

So, in summary, Mulvaney has three jobs, none of which he appears to be performing. Meadows has two jobs, in contravention of the Constitution. And the president carried out his solemn responsibilities today by posting twelve tweets before lunch time.

Constitutional originalism, FTW!

Mark Meadows really isn’t Donald Trump’s chief of staff — yet [Roll Call]
As the crisis continues, who’s the White House chief of staff? [NBC]


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