Founder Of Am Law 200 Biglaw Firm Retired Amid Misconduct Probe

Andy Sandler (Image via LinkedIn)

In February of 2018, Andy Sandler retired from the practice of law, leaving the firm he co-founded, Buckley LLP, which used to be known as Buckley Sandler, to serve as chairman of the financial services industry consulting firm  Treliant Risk Advisors, and be CEO of compliance software provider Asurity, and to run the private investment company, Temerity Capital Partners. But according to a statement by Buckley’s managing partner, Benjamin Klubes, the retirement came amidst an investigation into Sandler’s misconduct.

As reported by Law360, the firm says that allegations against Sandler were made in 2017 and they promptly launched an investigation into his behavior. Klubes also said that Sandler refused to participate in the investigation, and instead, retired:

Klubes said the initial allegation against Sandler came to their attention in late 2017 and, “consistent with firm policy,” management quickly hired Latham & Watkins LLP partner Kathryn Ruemmler “to conduct a fair and confidential investigation into the allegations in a manner that respected the privacy and confidentiality of the individuals who raised concerns.”

“Mr. Sandler refused to cooperate with the investigation, or to answer any questions from Ms. Ruemmler, and instead chose to retire from the firm,” Klubes said. “Buckley acted swiftly to address the allegations while protecting the privacy and confidentiality requested by each of the individuals who had raised concerns about Mr. Sandler’s conduct. While we promised that confidentiality to those individuals, we never sought or required confidentiality from them.”

The sordid background of Sandler’s departure from the firm became public because of an insurance battle. The firm’s insurer is trying to avoid paying the firm a $6 million payment for “loss of a key employee” over Sandler’s retirement. The insurer, Oxford Insurance, said in a court filing that during their investigation, Sandler said his departure was actually involuntary, and that the allegations of misconduct predated the effective date of the policy:

An independent claim adjuster hired by Oxford found that by December 2017 — before the policy went into effect — three Buckley partners were aware of allegations of misconduct against Sandler “from years earlier,” “which could lead to Mr. Sandler being terminated by Buckley,” according to the complaint. Oxford did not detail the nature of the allegations, and Buckley’s managing partner, Benjamin Klubes, declined to elaborate.

According to Oxford, despite having knowledge of the allegations, neither Sandler nor any of his colleagues disclosed them when applying for the insurance policy.

Klubes’s statement also said the firm is “confident that the full factual and legal record will demonstrate that it handled the matter appropriately and that it is entitled to payment under its ‘key person’ insurance claim.”


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).

Why Self-Service Is Critical To The Future Of Legal Departments: Free Webinar

In order to adapt to heightened client expectations, today’s innovative legal departments are exploring self-service technologies in order to provide efficient service at a lower cost and without compromising on quality. To that end, check out our free webinar, Why Self-Service Is Critical To The Future Of Legal Departments, brought to you in partnership with our friends at Everlaw and moderated by legal technology maven Bob Ambrogi.  The webinar will take place at 1 p.m. EST on October 24th and is designed for in-house counsel and corporate legal departments of all sizes. Among the areas to be explored:

  • NDAs
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Our webinar will examine use cases, opportunities, and best practices for enabling legal self-service in an enterprise environment.  Which aspects of legal practice lend themselves to a self-service model? What are the challenges inherent in setting up new processes? Drawing on deep subject matter expertise and concrete real-world examples, our program will start you on the path toward automated processes that are predictable, fast, secure, free, and errorless. 

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Law School Student Banned From Campus After Posting ‘Disturbing’ Messages On Facebook

Yesterday was World Mental Health Day, and instead of being able to take time to appropriately raise awareness about mental health issues, one law school was thrust into an emergency situation.

We have some alarming news from the Philadelphia area, where a law student posted messages so “disturbing” on social media that campus police were put on “high alert” and the administration decided to ban the student from campus.

The school in question is the Rutgers University School of Law, where a student from the Camden campus “wrote a number of posts that have been characterized as disturbing and placed them on a closed Facebook page for Rutgers Law students.” What the Facebook posts specifically said is unclear. According to the Philly Voice, the school has declined to discuss the content of the student’s posts.

According to Mike Sepanic, associate chancellor for external relations at the school, “What emerged from the investigation is that no one felt a credible, immediate threat to the safety of the campus. We were taking steps out of concern for the student.” Per Sepanic, Rutgers police investigated not just the incident but also the student’s interactions with others on campus.

The Camden County Prosecutor’s Office is assisting Rutgers with the investigation, but no charges have been filed or arrests made. “Our student affairs folks are talking to the student and hoping to connect the student with the appropriate help,” Sepanic said.

Best of luck to Rutgers Law-Camden as they deal with the outcome of this situation. We hope the law student in question gets the help that’s needed.

Rutgers—Camden bans law student from campus over ‘disturbing’ Facebook posts [Courier Post]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

White House Counsel’s Top Law School Classmates Accuse Him Of ‘Distort[ing] The Law And The Constitution’

White House Counsel Pat Cipollone (Photo by Alex Wong/Getty Images)

Earlier this week, White House Counsel Pat Cipollone wrote an eight-page letter to Congressional Democrats, where he openly mocked the impeachment inquiry against Donald Trump, stating not only that the president could not “permit his administration to participate in this partisan inquiry under these circumstances,” but that it “lack[ed] any legitimate constitutional foundation” and violated “the Constitution, the rule of law, and every past precedent.”

Cipollone’s classmates from the University of Chicago Law School, one of the top law schools in the country, would beg to disagree with his assertions.

In a letter sent yesterday to Cipollone, 21 lawyers who graduated alongside him in 1991 and “hold a range of political views” expressed their disappointment with his interpretation of the laws they first learned about nearly 30 years ago. “We are sorry to see how your letter to the congressional leadership flouts the traditions of rigor and intellectual honesty that we learned together,” they wrote.

Here’s another relevant excerpt from the letter (available in full on the next page):

When any president openly invites the help of foreign powers for partisan political purposes, Congress in the exercise of its constitutional powers should conduct an inquiry and the White House should cooperate. Fair-minded lawyers can easily agree on this regardless of their politics. Your letter instead distorts the law and the Constitution for other purposes, including cable news consumption.

They want Cipollone to retract his letter. We’ll see if he’s willing to listen.

(Flip to the next page to read the University of Chicago Law School alumni’s letter.)

Law classmates tell Trump lawyer Cipollone he distorts Constitution by blocking impeachment witnesses [NBC News]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Stop Pretending To Be Shocked And Horrified By The NBA’s Groveling To China

Like its perceived wokeness, it’s just a business decision.

A Stranger In A Strange Land

As I reflect on my practice, I have started to realize that sometimes you have to go outside of your comfort zone. In a perfect world, we all would love to have cases related to legal topics that we understand or have experience in. It would also be great for the cases to be in jurisdictions and courts that we have already practiced in. But, in reality, you never know what clients are going to walk through your office doors and where the client will need to file their case. Sometimes the client will request that you file an action in a jurisdiction that you have never practiced in, or never even been to. This situation creates considerable anxiety amongst lawyers. Recently, I was asked by client to file an action in state court in Upstate New York. Although I am barred in New York State, at first, I hesitated to take the case because I was not sure about the local practices and rules. Then I realized that with a little studying and planning, I could get it done. So, I decided to write this article on how to prepare for an out-of-jurisdiction appearance or filing.

The first lesson is to know the local rules. Usually, these can be found on the court’s website. These rules typically will tell you the basics of how to file a new matter and other pertinent rules of the jurisdiction.

Next, if you know the judge that you will be appearing in before, always check if that judge has his or her own rules. These rules are probably the most important because they will outline the judge’s preferences on how to file particular papers. These rules will tell you everything you need to know, down to font sizes and margins.

The next suggestion is to call the local clerk’s office to see if there is anything you can find out about the court’s practices that were not included in the local rules or judge’s rules. I find that if you are polite, most clerks will reciprocate and are willing to give information on how to file a case or correctly submit papers.

Once you have completed all the background work you can before heading the new jurisdiction, and are ready to go to court, then you should be as well-prepared as possible. You also must be ready for anything. I like to bring my laptop with me and numerous extra copies of the documents. Inevitably, there will be issues with a filing or a court appearance. Especially with filings, if you are prepared with extra copies then you can make any necessary corrections to the documents. In a worst-case scenario, you can also find a FedEx store or something similar to print out revised documents, if you have your laptop with you.

In these situations, it’s all about planning. My firm really emphasizes this aspect of legal practice. As much as you think you know about practicing law, there are always going to be things that come up that you don’t know. You should plan to deal with any of the likely issues that may arise.

Last, if you have an extensive network of lawyer friends, then give them a call to see if there is any advice that can be given to you. The best source of information are the lawyers who practice in the jurisdiction which you are going to for the first time. It’s also a good excuse to network and catch up with friends.

Although these are very simple suggestions to follow, I hope they will help you prepare for an appearance or filing in a jurisdiction that you are not too familiar with. In the end, if you are able to pick up some good information, then it may save you a trip or two back and forth while you prepare the documents to the court’s liking.


Peter S. Garnett is an attorney at Balestriere Fariello who represents clients in trials, arbitrations, and appeals. He focuses his practice on complex commercial litigation and contract disputes from pre-filing investigations to trial and appeals. You can reach Peter at peter.s.garnett@balestrierefariello.com.

Law School Grad Dies Trying To Slide Down Third-Floor Bannister

A law school grad, most recently working as a pretrial supervisor, has died after attempting to slide down a third-floor bannister at the Brooklyn Museum.

Kirkland Dawson, 34, reportedly lost his balance at the First Saturday celebration while trying to perform the light-hearted slide and fell to the ground floor. He was rushed to the New York-Presbyterian New York Methodist Hospital, but ultimately died of his injuries.

Kirkland had worked as a deputy clerk and probation officer before taking the NY bar exam a month ago.

NYC lawyer dies in freak accident after trying to slide down third-floor banister inside Brooklyn Museum [NY Daily News]


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.

Morning Docket: 10.11.19

(Photo by Spencer Platt/Getty Images)

* “I don’t know them, I don’t know about them, I don’t know what they do. I don’t know, maybe they were clients of Rudy’s. You’d have to ask Rudy.” President Trump is trying his hardest to distance himself from Igor Fruman and Lev Parnas, Rudy Giuliani’s recently arrested associates. He may have been in pictures with them, though, and his son might have as well. Oopsie. [The Hill]

* “Together, we will blow our whistles against Barr, President Trump, and their enablers in Congress.” AG Bill Barr is scheduled to speak today at Notre Dame Law on “religious freedom,” and protesters are expected to be there, where they’ll literally be blowing whistles. [South Bend Tribune]

* Years after his brutal murder, the Dan Markel case is finally in the hands of a jury. Luis Rivera has already taken a deal, but will Katherine Magbanua and Sigfredo Garcia be found guilty? [Tallahassee Democrat]

* Minnesota Law is celebrating its largest first-year class in about a decade. The school, which is ranked 20th by U.S. News now has reliable employment statistics for graduates, has been recovering from the recession’s effects on law school enrollment. [Minnesota Daily]

* In case you missed it, Kim Kardashian West is trying to help Brendan Dassey of “Making a Murderer” in his quest to receive clemency from Wisconsin Governor Tony Evers. Per Gov. Evers, “Brendan’s case will be given the same thoughtful review and consideration as any other case.” [Esquire]

* Sign up here if you’d like to take part in a conversation between best-selling author John Grisham and former U.S. attorney Preet Bharara (S.D.N.Y.). I’ll be there to cover the event for Above the Law, and I hope to see you there. [TimesTalks]


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Zimbabwe’s ‘end of an error’ – The Zimbabwean

FILE — In this Friday, Nov. 17, 2017 file photo, Zimbabwe’s President Robert Mugabe officiates at a student graduation ceremony at Zimbabwe Open University on the outskirts of Harare, Zimbabwe. On Friday, Sept. 6, 2019, Zimbabwe President Emmerson Mnangagwa said his predecessor Robert Mugabe, age 95, has died. (AP Photo/Ben Curtis, File)

The ringtone signalled that messages were pouring into a WhatsApp group that was usually very quiet. One glance at the screen confirmed it — “this death is going to happen exactly the way I had been hoping to avoid,” I thought before frantically starting a long flurry of calls.

The death in question was that of Robert Mugabe, the liberator-turned-despot founding father of independent Zimbabwe, where I was born and raised. As a Zimbabwean and a journalist who has been working in the region for more than 20 years, Mugabe has been a fixture of my life. I started my journalism career when he had already been in power for a decade.

The death of a major figure like Mugabe is something journalists like me prepare for, especially if the figure is getting on in years. Obituaries and angled stories prepared well in advance were dusted off and refreshed every time he went abroad for medical treatment.

I spent countless hours trying to anticipate how the news of his death would come and breathed a sigh of relief when he was unexpectedly driven from power two years ago. I had always dreaded him dying in office — in this scenario, the news of his death would probably dribble out on social media as rumors, leaving me in the nightmare position of trying to get someone from officialdom to confirm it. With him out of office, I thought, the news of his passing would surely be announced officially.

Turned out I was wrong.

While I was in that shower, our fact-checker alerted us that there were murmurs on social media that Mugabe, 95, had died in Singapore where he often went for medical treatment. By the time I stepped out of my bath, our office WhatsApp group dedicated to news of him and that had been very quiet for months, was crackling with messages like a popcorn maker. I began frantically dialling, trying to confirm the passing.

I got through to two of his close associates, who told me that he was dead, but refused to go on the record. You can’t announce someone’s death based on unnamed sources, so I kept trying. In between the phone calls and texts to officials and his family, and calls from the editor on duty in Paris, my colleague who was already in the bureau saw the tweet from Mugabe’s successor, announcing the news.

The story was out. I could finally leave my house and got to the office, beating the Johannesburg morning rush traffic. As I prepared to fly to Harare, I was struck by the fact that there was hardly any public reaction back home to the death. Aside messages of condolences from prominent faces and tweets from some individual Zimbabweans, no-one seemed to publicly mourn the passing of the founding father of independent Zimbabwe.

Maybe too early, I thought.

I landed in Harare early evening. The city was going about its business as if nothing had happened. Supermarkets, bars and nightclubs were open, I got stuck in the early evening traffic gridlocks of downtown Harare while driving from the airport. There was no outpouring of emotion on the main streets of the capital. State TV ran programmes devoted to him, but other  TV programming went ahead as scheduled.

Tomorrow, I thought to myself. Tomorrow I’ll find some outpouring of grief… or relief…. or something.

The next day I walked around the streets for hours, but the only sign that I could see that there had been a death of a prominent person was the flags that flew at half mast. No-one — not even top government officials –seemed to have cancelled their planned Saturday parties or weddings. It was business as usual.

The majority of Zimbabweans — who are bearing the brunt of  Mugabe’s economic legacy that saw one of Africa’s most prosperous countries dive into ruin — were too busy with the daily grind of trying to put food on the table. One of the many people I spoke to said he’d be happy to toast to the death but was too broke to afford even a pint of beer, let alone champagne.

I found that most people couldn’t care less that he had died. As one colleague commented immediately afterward — Mugabe’s death was an “end of an error.”

I myself had mixed feelings. On the one hand, I could understand the barely lukewarm reaction from ordinary Zimbabweans to his death. On the other hand, I had been preparing for this death for years and this was turning out to be….. quite anticlimactic.

The main memorial service was held at the giant China-built National Sports Stadium in Harare. But it was barely half full. I expected a bit more people.

The few who did attend were very vocal, as they reminisced about the bad Mugabe days, but insisted that those were better than the ones under his successor. Another group chanted pro-opposition slogans from the bleachers.

But while the whole scene was anticlimactic, it didn’t lack for drama.

Mugabe’s family started off by snubbing the government, saying they wanted him buried in his natal village in Zvimba, since he was the paramount tribal chief there. Eventually, they gave in and agreed that Mugabe would be buried at the National Heroes Acre, a shrine in the capital, where he himself had presided over dozens of funerals of independence war guerrillas.

I vividly remember how livid he would get at each eulogy or in his annual heroes commemorative speeches – launching blistering attacks on his political opponents, activists and Western governments. His speeches were generally lively, but he got especially animated whenever he spoke at the Heroes Acre.

“Those who were hurt by defeat can go hang if they so wish. If they die, even dogs will not sniff at their corpses. Never will we go back on our victory. We are delivering democracy on a platter. We say take it or leave it!” he shouted, in remarks aimed at his then opponent Morgan Tsvangirai, weeks after the 2013 disputed elections, the last ones he contested. During the next elections five years later, after having been toppled from power, he was bitter, vowing to vote for the opposition rather than for the people who “tormented” me. He took his bitterness to the grave.

His funeral didn’t take place until three weeks after his death, a rather long wait to bury the dead in Zimbabwe, where funeral vigils last on average three days. During those weeks, his body was never kept in a morgue, but either at his Harare house or the rural Zvimba village, waiting for the construction of a special monument that the government had hoped to turn into a tourist attraction.

But that was not to be. Shortly after construction of the monument began, there came a surprise announcement — Mugabe would be buried at a private ceremony in his home village after all. His family argued that Mugabe had not wanted to be buried in Heroes Acre because he had been ridiculed by his onetime allies. So the founder of Zimbabwe was laid to rest without a red carpet ceremony or an expensive casket and a heavily fortified grave.

The ceremony, in the courtyard of his rural home, could have easily passed for that of an ordinary Zimbabwean — a couple of hundred mourners, none of them senior government officials. Defense Minister Oppah Muchinguri Kashiri later said “it was sad” that he had been buried in a private lot that members of the public were unlikely to ever access.

I had came to Harare expecting to see vivid emotion and to bury the man who set Zimbabwe free and then drove its economy and freedoms into the ground. Three weeks later, I left a country that didn’t really care and funeralled-out from all the machinations about his burial.

He may be gone, a little forgotten, but Zimbabweans are still waiting to shake off the legacy of the economy that he drove into the ground and that his successor appears to be struggling to revive.

It may be a long wait.

This blog was written with Yana Dlugy in Paris.

Zimbabwe Wheat Output to Plunge Further on Power Cuts

Post published in: Featured

Could Zimbabwe really be heading for a mass starvation? – The Zimbabwean

There was one particular rumour that rocketed around the city of Harare this week.

It was a scrap of information, shared on the streets and on social media, which speaks volumes about the desperate state Zimbabweans now find themselves in.

The word was, staff at a government office had started printing Zimbabwean passports.

Queues for a passport in Zimbabwe

A massive queue, thousands of people long, formed in the early morning light as residents of the capital grasped the opportunity to get their travel papers. If there is a communal dream in this beleaguered nation, it generally involves leaving it – to find food, work and a little stability abroad.

Unsurprisingly, their hopes were dashed. Members of the queue were told to come back later in the month “for an assessment of the reasons why you need to travel”.

The fact is, civil servants cannot produce passports because the government cannot afford to pay for the paper and ink. The country’s registrar general, Clemence Masango, recently admitted to a whopping backlog of 370,000 passports.

Nor is Mr Masango likely to get the supplies he needs because this crisis-ridden government is not governing and the economy has virtually collapsed.

Stadium 'only a quarter full' for Robert Mugabe's state funeral

Stadium ‘only a quarter full’ for Robert Mugabe’s state funeral

Large parts of the stadium remained empty as African leaders came to pay their respects to former president Robert Mugabe

Inflation is running at more than 300% and the Zimbabwean dollar, introduced last year to restore “normality”, has lost more than half its value. The country suffers from rolling electricity blackouts and water and food shortages. Government hospitals barely function and doctors have been on strike for nearly a month.

“The country is basically falling apart,” said one man, called Norman, outside the passport office. “You want fuel? Well you won’t get it. Want to buy a chicken? That will cost you half a civil servant’s monthly salary. It can’t go on like this.”

It is a sentiment that just about every Zimbabwean agrees with – including the country’s president, Emmerson Mnangagwa, who described the economy as “dead” in a speech last week. But activists and international aid officials fear the economic meltdown could lead to something even worse – mass starvation.

“Look around you,” said one NGO official. “We are dying a slow death here. People can’t buy anything. People are getting slimmer.”

According to documents prepared by international aid agencies and seen by Sky News, Zimbabwe now faces its “worst ever hunger crisis” – an emergency caused by severe drought and compounded by government mismanagement.

'Don't judge him harshly': Zimbabwe's former leader Robert Mugabe is buried

‘Don’t judge him harshly’: Zimbabwe’s former leader Robert Mugabe is buried

After debate about where he should be buried, Zimbabwe’s longtime authoritarian leader is laid to rest

More than two thirds of the rural population (5.6 million people) will experience “crisis” levels of food insecurity by January according to experts, as the country heads into the six-month “lean” period before the next harvest.

Aid agencies are also worried about people starving in the cities. Officials are conducting nutritional surveys in places like Harare for the first time in history, as residents complain of 400% increases for basic staples like maize.

“We really don’t know what is going to happen,” said one senior aid official speaking to Sky News. “By the end of November, the government will run out of grain and they (do not have the funds to) buy anymore.”

The World Food Programme is trying to secure £153m from donors to feed two million people into the next year.

But this crisis will ask more of the people who run this country – like Mr Mnangagwa.

Many Zimbabweans doubt his ability to provide even the most basic assistance.

Provided with a passport, the majority would surely leave.