Except to fellow members of the European Union, Germany does not extradite its citizens to face justice outside the borders of the Fatherland. International Man of Mystery and accused hedge fund fraudster Florian Homm knows this all too well, for after having narrowly avoided extradition from Italy—where he’d been arrested at the Uffizi—to the U.S., where he’s been indicted for ripping clients off to the tune of $200 million (and where others are facing the music for him), on a technicality, he quickly returned to the safe embrace of the Reich.
Thousands Of Russians March Against Authoritarianism Weeks After American Mob Assailed Democracy
(Photo by Mark Wilson/Getty Images)
It can be very hard to get Americans to pay much attention to anything going on overseas, excepting, occasionally, when our military first starts blowing up something new in the great vague beyond out there. Still, that’s not going to keep me from trying. Like again and again, even well after I should have learned my lesson.
Anyway, as I write this, Russian lawyer and anticorruption activist Alexei Navalny continues his struggle against authoritarian strongman Vladimir Putin from the confines of a Moscow jail cell. If you haven’t been following this, last year Navalny was poisoned with Novichok — a Soviet-era nerve agent that would be very difficult for anyone outside the highest levels of the Russian government to acquire. Navalny almost died, but, once he regained consciousness, he didn’t waste time during his five-month recovery in Germany. Instead, Navalny assumed a secret identity in a clandestine sting operation to trick one of the would-be assassins into confessing his role. Then, rather than staying where he was or going into hiding or just getting out of the dangerous field of criticizing Putin, Navalny ignored the Kremlin’s threats that he would be arrested on bogus charges the moment his plane touched down, and flew right back into Russia, where he was arrested on bogus charges the moment his plane touched down.
Boy, I can’t wait until this comes out as a great critically acclaimed movie that’s ignored by audiences in favor of Fast & Furriest 2029: There’s No Rule That Says Air Bud Can’t Drive. Seriously though, Alexei Navalny is a f*cking hero, and right now thousands of Russians are risking their own freedom to try to ensure that his story, and Russia’s story writ large, has a happy ending.
Last Saturday, thousands of Russians turned out in about 100 cities and towns across Russia’s nearly a dozen time zones to call for Navalny’s release and an end to kleptocratic rule in the country. In Moscow alone, at least 40,000 individuals joined the rally, according to estimates from Reuters. Russia’s Interior Ministry responded with the signature tactic of the Putin administration, lies, and said the Moscow protesters actually numbered only 4,000 — which, if even remotely accurate, would have made the approximately 1,360 arrested by Moscow police pretty impressive. More protests are planned for next weekend.
The protests in Russia stand in stark contrast to the situation with the pro-authoritarian mob that stormed the U.S. Capitol three weeks ago. The U.S. insurrectionists were the ones peddling lies in that situation, not the government, which, except for the president, repeatedly told the truth that there was zero evidence of widespread election fraud. The Russian protesters are calling out for real democracy, whereas the American rioters were demanding that real democracy be overturned so that Donald Trump could remain in office. The crackdown on the Russian protesters was swift, fierce, and unjustified, whereas the response against the American domestic terrorists has been unenthusiastic (weeks after the fact, just 135 have been charged with mostly minor crimes for storming the U.S. Capitol).
Moreover, Navalny led from the vanguard, was the first ready to suffer for his activism, and bravely looked death itself in the face in his efforts to secure a more just society for Russians. Trump, on the other hand, after saying to his Capitol-bound mob (from behind a pane of bulletproof glass) that “after this, we’re going to walk down — and I’ll be there with you,” scurried away and hid at the White House, before later ceding all responsibility, willing to personally risk nothing in his futile attempt to salve his ego at the expense of American democracy.
Sometimes, being an American feels like living in season two of Game of Thrones, when all the Qartheen are blathering on about Qarth being “the greatest city that ever was or will be.” That’s what we sound like when we’re always saying that America is the greatest country in the history of the world. At times, America isn’t that great at all. It’s flawed. It’s always incomplete. The moment we succumb to the temptation to just unthinkingly wave little flags at the expense of constantly doing the hard work of forming a “more perfect Union” is the moment we’ll lose everything that does make America special.
As Americans, it’s important to voice support not just for Navalny, but for the thousands of ordinary Russians reaching out desperately, at great personal risk, for freedom. But it’s also wise to seize upon this as a moment of national reflection, to put recent events in context and to learn from them. Right now, at least, a good number of Russians actually seem to have something profound to teach Americans about true patriotism.
Jonathan Wolf is a civil litigator and author of Your Debt-Free JD (affiliate link). He has taught legal writing, written for a wide variety of publications, and made it both his business and his pleasure to be financially and scientifically literate. Any views he expresses are probably pure gold, but are nonetheless solely his own and should not be attributed to any organization with which he is affiliated. He wouldn’t want to share the credit anyway. He can be reached at jon_wolf@hotmail.com.
Rudy’s Dominion Defamation Dollars Debacle
(Photo by Tasos Katopodis/Getty Images)
Giuliani caught himself a billion-dollar headache after telling anyone who would listen that Dominion was fixing the election (they weren’t). Paul Davis is asking a court to junk the federal government and turn it over to the Hobbits (they won’t). And Jeffrey Clark is accused of to trying to convince Trump to pull a coup… now he’s hoping Biglaw will take him back (they shouldn’t).
‘COVID Cases Are Spiking, So Let’s Hold The Bar Exam In Person!’ Say Cocky Bar Examiners
There are effective vaccines now and medical experts envision a return to normal society by late summer/early fall. But until that time, the COVID situation remains very dangerous in the United States, with the country reporting roughly four times the daily deaths of any other nation and a total deaths per capita figure that should crack the top 10 any day now. But because people are tired and infinitely lazy, they’re ready to just pretend it’s already over.
Apparently that extends to the bar examiners in South Carolina, who announced yesterday that they’ve thought about the state’s spiking COVID numbers and decided an in-person superspreader exam sounds like a fantastic idea!
South Carolina’s seven-day average of new cases is around double what it was at its worst point over the summer and the death toll average is on par with those peaks. But online exams were fraught with disaster and rather than come up with some sort of alternative, professional licensing agencies remain wedded to the bar exam’s square peg regardless of the round holes it may encounter. So an in-person exam it is!
In defense of the examiners, they’re promising mitigation measures including masks and social distancing, and the February exam is traditionally less attended than in July so there could be an opportunity for more expanded distancing unless they plan to use a smaller venue. And there is something to be said for the original public health advice — before it became clear that the government was putting no resources at all into it — that avoiding all human interaction isn’t the answer as much as constant hand and face sanitizing, keeping distance, and contact tracing.
But past in-person exams have failed to provide contact tracing. We’ve learned of past exposures at in-person exams solely because the examinees who later tested positive have volunteered the information. If South Carolina is really going to do this, hopefully they’ve invested in a formal program.
Why? Why are states doing this? The death-cult of the bar exam is completely out of hand. If you’ve got to run a test, give people a set of legal scenarios and eight hours at home to draft a memo. That’s a much better test of a potential attorney’s capacity to perform the job than a generalist memory test in a convention center. It’s not “cheating” to look up caselaw, it’s the whole job! This is basically what Indiana ended up doing over the summer and I’ve not heard any complaints about the format.
Alas, too many jurisdictions just aren’t there yet. And they don’t care how many applicants suffer to protect their precious test.
February Bar exam to be held in person [South Carolina Lawyers Weekly]
Joe 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.
Will Biglaw Firms Require Lawyers And Staff To Get The COVID-19 Vaccine?
With the COVID-19 vaccine rollout underway across the country, lawyers and staff members alike are wondering what their Biglaw firms are planning to do. The move to work remotely due to the spread of the deadly novel coronavirus came quickly, but decisions related to vaccination plans seem to be moving at a glacial pace.
What could possibly be taking these firms so long to tell employees that they’ll be requiring or encouraging them to get vaccinated? As it turns out, Biglaw vaccine decisions may be just like their year-end bonus decisions: They’re all waiting for another firm with clout to do it first.
April Campbell, the executive director of the Association of Legal Administrators, recently discussed this phenomenon with Law360.
Firms appear to be waiting for a first mover to take the lead, and most are still gauging the temperature in the room, or more specifically the temperature at their firm and in their particular geography, Campbell said.
“Everyone is thinking about it. Many are getting pressure from staff to have a response or answer on whether the vaccine will be required to come back into the office,” she said. “But as with everything law firm, they want to know what everyone else is doing.”
But there’s only a limited amount of time left for law firm leadership to hem and haw over their COVID-19 vaccine policies. After all, the CDC has recommended that lawyers, judges, and legal professionals be included in vaccine distribution group 1C, and it won’t be long before that time comes.
“While I understand they don’t want to finalize anything yet, we should not be doing nothing,” said Michael Cohen, a Duane Morris LLP partner, who suggested that firm committees must at least start talking about “what makes the most sense — to mandate, to encourage, and if they choose to encourage how to do that most effectively.” Noah Fiedler, a partner at Hinshaw & Culbertson, said that while “[i]t is true to say most don’t know yet … it’s also true to say most firms have spent months thinking about it.” Options are on the table, according to Fiedler, but decisions have yet to be made. But while actual guidance is lacking, surveys abound on this issue.
[Fiedler] said the larger firms he’s working with are actually conducting surveys to figure out what their employees and attorneys are thinking — do they want to get it? Would they be afraid to come back into the office if it is not mandated?
And the ALA’s Campbell says she has seen the same thing, with some of the organization’s law firms conducting surveys.
That said, Above the Law will run its on survey on this important issue. What are your law firm’s plans when it comes to COVID-19 vaccines? Please let us know.


Why Law Firms May Not Require Vaccine For Attys And Staff [Law360]
Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.
Leon Black Did Nothing Wrong, Will Stop Being Apollo CEO Anyway
Apollo Global Management co-founder Leon Black has been very clear about his long personal and professional relationship with late pedophile and sex trafficker Jeffrey Epstein: Sure, he went to Epstein for tax advice, in spite of Epstein’s having no undergraduate degree, let alone a law degree with a focus on tax matters, and paid him a good deal of money for it. Sure, he occasionally visited Epstein’s Manhattan townhouse and private island, but not for the reasons that other people did. And Epstein never had anything whatsoever to do with Apollo in any way.
In spite of all of that, Black and Apollo saw fit to conduct two investigations into the matter. And wouldn’t you know that the latest completely bears out everything that Black has ever said about his old buddy?
Apollo never retained Epstein for any services and Epstein never invested in any Apollo-managed funds;
Epstein regularly advised Mr. Black on trust and estate planning, tax issues, philanthropic endeavors, and the operation of his Family Office;
All fees paid to Mr. Epstein by Mr. Black or his Family Office were for bona fide tax, estate planning and other related services, and the amounts were intended to be proportional to the value provided by Mr. Epstein;
Epstein’s advice was vetted by respected professional advisors; and
Dechert found no evidence that Mr. Black was involved in any way with Mr. Epstein’s criminal activities at any time.
So there you have it. Wait, there appears to be a simultaneous press release. Wonder what this one says….
Chairman and CEO Leon Black has informed the Board of Directors that he will retire as CEO effective on or before July 31, 2021 consistent with best-in-class governance practices…. In addition, Apollo’s Board will be expanded and will include four new independent directors…. Apollo Co-Presidents Scott Kleinman and James Zelter have been named to the Board and will take on increased responsibility for the day-to-day operations of the company….
In addition to the changes detailed above, Mr. Black has requested that the Board and the Executive Committee evaluate and consider (subject to required corporate and regulatory approvals) meaningful new measures to further enhance Apollo’s corporate governance, many of which will be differentiating in the alternative industry….
Huh. That’s strange. Why would any of that be necessary—even if Black is not going the full Dubin and retaining his chairmanship—given that everything that was done was totally above board and absolutely beyond reproach, even if it all seems a bit gross in retrospect? I mean, what’s $75 million to a multi-billionaire? Oh, so you’re saying that that quite literally wasn’t even the half of it?
The review — ordered by the firm’s board at Mr. Black’s behest in October, after The New York Times detailed at least $75 million in payments — found that Mr. Black had paid Mr. Epstein $158 million in a five-year period ending in 2017. He had also lent Mr. Epstein more than $30 million, only $10 million of which was paid back, the report found.
Still, what’s the problem? Are you not convinced? It seems like you might not be convinced. And, more importantly, that Apollo co-founder and Good Cop Josh Harris is not convinced.
The details of their financial dealings — Mr. Epstein’s advice was worth perhaps $2 billion in tax savings to Mr. Black, according to the report — created friction between Mr. Black and one of Apollo’s other founders, Joshua Harris…. During a series of meetings on Sunday evening, including with individual board members, Mr. Harris raised objections to Mr. Black’s timeline for stepping down, believing that the reputational threat was so serious that Mr. Black should relinquish the chief executive role without delay, the people said. Mr. Harris also made his case to his co-founders that night in discussions with Apollo’s executive committee — which consists of the three of them.
In the end, Mr. Harris’s objection fell on deaf ears, said the people, who requested anonymity to discuss private deliberations.
Apollo Global Management Announces Conclusion and Release of Independent Review [press release]
Apollo Announces Review of Significant Governance Enhancements as Part of Continued Evolution and Institutionalization of the Firm and Leadership Transition [press release]
Apollo C.E.O. to Step Down After Firm Finds More Payments to Jeffrey Epstein [NYT]
Law Firm Virtual Happy Hours Are A Good Idea
In the Before Times, parties were held in person.
Numerous law firms, like many other organizations, are trying to keep their employees connected to one another during the pandemic even though most people are currently working remotely. This often includes regular conference calls to discuss firm matters and emails which ensure that everyone on a team is on the same page when it comes to serving clients. Many law firms are also hosting virtual happy hours and other online social events in order to connect employees to law firms on a more meaningful level and try to somewhat substitute for the social interaction people have in an office. Although many of us are experiencing “Zoom fatigue” and may be getting tired of all the online networking all of us have to endure, such virtual happy hours are a great idea and should be embraced by more law firms.
As many readers of this column already know, I run a law firm with my brother, so we do not really have a need to host virtual happy hours. The closest thing we have is when I FaceTime my partner/brother so I can goof around with my nieces! As a result, I am relying on second-hand information about law firm virtual happy hours and how they are being received by associates and staff at law firms.
However, earlier in my career, I did experience a time when my employer’s office was shut down and my colleagues and I were forced to collaborate and connect remotely. In the fall of 2012, I worked at a law firm that was impacted by Superstorm Sandy. Our building was flooded, and the office did not have electricity for several weeks. As a result, all of my colleagues and I had to perform work remotely and connect through virtual means.
During this time, it was really important for me to have a connection to my law firm even though I could not be present in the office each day. When I performed work every morning, I drank coffee out of a firm-branded coffee mug just like I did at the office so that I felt a connection to my firm even though I was working remotely. I also made sure to connect with coworkers through group texts, Google Chat, and other methods. We did not have firm happy hours since we were only out of the office for several weeks, but we did have conference calls regularly so that everyone could get on the same page and connect with members of the law firm community.
Law firm virtual happy hours are an important part of maintaining connections to a law firm in alternative ways to meet the challenges of COVID-19. Such events allow lawyers and staff at an office to see other members of their team and know that they are still connected to an employer and have a common purpose. Of course, it is sometimes difficult for people to actively engage with other coworkers at virtual happy hours, especially if there are many people on the call. However, just like firm social events are an important part of the culture of the firm to forge a deeper connection among coworkers, virtual happy hours are also critical to connecting people at a firm.
Naturally, people have numerous reasons to kvetch about needing to participate in law firm virtual happy hours. For one, people often need to dress up a little for virtual happy hours, which is a huge ask these days since people usually complete work while dressed very casually at home. Also, people usually need to tidy up around their home in order to prepare to be seen on camera. Moreover, individuals often need to take steps to ensure that they are not interrupted during a call because children, significant others, and different members of a household can interfere with a call. However, these disruptions are a small price to pay in order to participate in a virtual happy hour.
Some of my friends who attend law firm virtual happy hours convey that such occasions may be a little awkward, and that they do not want to be put in a spotlight during such an event. In addition, people generally have “Zoom fatigue” these days, and don’t like to be subject to more virtual interactions than absolutely necessary. I definitely fall into this camp, and virtual events often remind me of the extraordinary times we are experiencing and how much I wish the pandemic would end so people can meet in person again.
However, everyone is dealing with unprecedented circumstances, and now, more than ever, it is important for people to know that they are part of a work community. It is difficult for law firms to connect with employees on a deeper level in the current environment, and virtual happy hours are a great resource for building culture at a law firm. As a result, stakeholders should be more open to participating in virtual happy hours, and more shops should host virtual social events for employees.
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.
Morning Docket: 01.27.21
Jeff Bezos (Photo by David McNew/Getty Images)
* Jeff Bezos is seeking $1.7 million in legal fees spent defending a failed defamation lawsuit filed against him by his girlfriend’s brother. That’s probably pocket change for a guy like Bezos… [New York Post]
* An emoluments lawsuit against President Trump has been dismissed as moot. [New York Times]
* President Trump’s personal lawyer Rudy Giuliani has been temporary suspended from a YouTube partner program. [Jerusalem Post]
* Nicholas Sandmann, the teenager who went viral for a confrontation at a protest in 2019 and then sued a number of media outlets, has fired his lawyer over pro-Trump tweets his attorney made. [Herald Leader]
* A lawyer who allegedly smashed another attorney in the head with a can of Lysol last year has received his punishment. Maybe he was trying to prevent COVID? [Courier Journal]
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.
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This Law School Has Crazy Impressive Admissions Numbers
Ed. Note: Welcome to our daily feature Trivia Question of the Day!
According to 2020 law school admissions data collected by the ABA, what law school ties Yale Law for students with the highest median undergraduate GPA?
Hint: This non-T14 law school has a median undergrad GPA of 3.94 for 2020 — same as Yale.
See the answer on the next page.