Freedom House Urges Zimbabwe Must Halt Violent Crackdown on Dissent – The Zimbabwean

President Emmerson Mnangagwa’s government has been urged to stop the current crackdown on people intending to stage public protests over the deteriorating economic situation in the southern African nation.In a statement, Freedom House said Mnangagwa’s government, which promised to usher in a democratic state following the ouster of former President Robert Mugabe in a military intervention in 2017 and subsequent presidential elections in 2018, is violating citizens’ rights and freedoms.

“The government of Zimbabwe must end its violent crackdown on dissent in the country and immediately investigate reports of beatings and torture by state security agents,” said Jon Temin, director of Africa programs at Freedom House.

Temin said, “These attacks violate Zimbabweans’ rights to free assembly, association, and expression, and have continued despite repeated promises by President Emmerson Mnangagwa that his government would usher in a new dispensation that respects fundamental rights. If Zimbabwe truly wants to break with its abusive past, those found responsible for these heinous acts should be held to account.”

Freedom House is an independent watchdog organization that supports democratic change, monitors the status of freedom around the world, and advocates for democracy and human rights.

The attacks come in the wake of protests organized by the opposition Movement for Democratic Change that were expected to be staged in Harare, on August 16, and later in other parts of the country. Suspected security agents reportedly abducted, beat, and tortured activists, civil society leaders, and members of the opposition in the days leading up to the planned protests.

Police subsequently prohibited the demonstrations, but hundreds of Zimbabweans congregated in defiance of the ban on August 16. Police violently dispersed the protesters using whips, batons, and tear gas. Arrests of civil society leaders and human rights defenders have continued since then.

Several countries have expressed concern over human rights violations in Zimbabwe being allegedly perpetrated by Mnangagwa’s government.

In a joint statement recently, the heads of mission of the European Union, France, Germany, Greece, the Netherlands, Romania, Sweden, United Kingdom, Australia, Canada and the United States of America said the government should respect the Zimbabwe Constitution, which guarantees freedom of expression, movement and assembly and the right for people to protest peacefully.

“Intimidation, harassment and physical attacks on human rights defenders, trade union and civil society representatives and opposition politicians-prior to, during and following the demonstrations in Harare on 16 August – are cause for great concern. The Zimbabwean constitution guarantees the right to personal security from violence and prohibits physical or psychological torture. The heads of Missions urge the authorities to respect these fundamental rights and to hold perpetrators of violence legally responsible.”

They urged President Mnangagwa’s government to respect the constitutional rights to freedom of assembly, association and expressions as well as to peaceful protest.

Quick Guide to Zimbabwe: Visa-free travel for South Africans – The Zimbabwean

Zimbabwe’s Finance Minister Mthuli Ncube has taken the decision that foreign currencies are no longer acceptable as legal tender in the Southern African country.

Fin24 reports Ncube states the Zimbabwe dollar is now the only acceptable medium of exchange for local transactions.

However, the decision should not concern tourists to Zimbabwe. The Zimbabwe Tourism Authority (ZTA) has issued a statement saying the necessary measures are in place to ensure that travellers are not inconvenienced in any way by the ban on forex.

Tourism Update report states travellers should be mindful of false social media reports and that “police are not authorised to stop and search people for foreign currency”.

These are the payments methods still applicable in Zimbabwe, according to the Zimbabwe Tourism Authority:

  • Credit cards are readily acceptable everywhere in Zimbabwe, where the relevant arrangements have been made with international credit card companies such as VISA, MasterCard and others issued by different banks in the countries of origin of the travellers.
  • Service providers do have international credit card-enabled point-of-sale (POS) machines.Visitors may also withdraw local cash from international credit card-enabled Automated Teller Machines (ATMs) of the different banks.
  • These will be clearly marked as international and will have the logos of the accepted credit card companies.
  • Foreign cash may be exchanged at the bank, bureau-de-change or at any other authorised foreign currency dealers at the prevailing bank rates.
  • Visitors are however encouraged to use plastic money and only exchange amounts of money in cash that they anticipate using.
  • However, visitors may convert their money back to their foreign currency subject to prevailing terms and conditions.
  • Online payments and telegraphic transfers remain acceptable forms of payment in Zimbabwe.Visa fees, where applicable, are payable in foreign currency and may be paid in cash at any port of entry.
  • The Government of Zimbabwe has an e-visa system and intending travellers may apply and pay for their visas online.
  • Tipping is not a commercial transaction and hence visitors are at liberty to tip as they wish. It becomes incumbent upon the recipient to ensure adherence to the foreign exchange regulations.

Planning a trip to Zimbabwe: 

Zimbabwe, our neighbour which recently gained a new hope in the form of political change – proves to be a country with so much to offer its own people, as well as South Africans.

Rich in wildlife and nature experiences, bursting with African pride and welcoming of all people, Zimbabwe offers more than just a safari getaway – it offers a slice of an authentic African experience.

From shopping at local markets and sleeping in the wild, to exploring a Natural Wonder of the World and being fully immersed in local cultural activities, there’s so much to do in this small region of Zimbabwe.

To help you delve into the natural and cultural beauty of Zimbabwe, here’s what you need to know when planning your trip.

Visa requirements: No. Zimbabwe is visa-free for South Africans with a valid passport for a stay up to 90 days.

Medical requirements: It’s highly advised to take anti-malaria tablets and carry mosquito repellents. Vaccines for typhoid, hepatitis A, hepatitis B, cholera, yellow fever, rabies, and influenza are recommended.

National Carrier: Air Zimbabwe.

Airport Hub: Harare International Airport.

Flight Route: Fly direct from Johannesburg or Cape Town, with a number of airlines, to Victoria Falls or Harare.

Currency: Zim$25  = R1

Travel adapter: Type D and G.

Time Zone: Same time zone as SA (GMT+2)

Public Transport: South Africans usually drive across the borders, but if you fly instead, then you can rent a car, travel via bus or catch a ride with the National Railways of Zimbabwe. There are two types of buses – express services that run according to a set timetable and local buses that have no schedule and generally wait until it’s full to leave. There are also metered taxi companies that provide transport in major cities. Transport can also be arranged with the hotel where you are staying, or a tour company such as Wild Horizons, to drop and pick you up from your desired destinations.

Climate: Varies by altitude. There is a dry season, including a short cool season during May to October when the whole country has very little rain. The rainy season is typically a time of heavy rainfall from November to March.

Best time to visit: The dry May to October winter season is generally the best time to visit Zimbabwe for game-viewing in mild temperatures and to experience little to no rainfall and a lower malaria risk.

However travel operator Wild Horizons says that “From August onwards, the months of summer provide the perfect opportunity to experience white-water rafting, river boarding and canoe trips up the Zambezi River. Bird life during this time is at its most spectacular, with a huge variety of migrant birds returning south to spend the summer months in and around the Zambezi River. Photography will also be excellent during this time of the year as much of the surrounding wilderness will be in.”

Languages: Zimbabwe has 16 official languages – Chewa, Chibarwe, English, Kalanga, Koisan, Nambya, Ndau, Ndebele, Shangani, Shona, sign language, Sotho, Tonga, Tswana, Venda, and Xhosa.

Useful Phrases: English is widely spoken and most people living in major cities are multi-lingual. However, it’s vital to get schooled on some of the main phrases and words in Shona – one of the major languages spoken in Zimbabwe – to ease communication when you’re travelling the country. Here are some key words:

  • Hello – Mhoro (one person), Mhoroi (many people)
  • How are you? – Wakadini zvako? (one person), Makadini zvenyu? (many people
  • Goodbye – Sara Zvakanaka (one person), Sariayi Zvakanaka (many people
  • Excuse me – Pamusoro (one person), Pamusoroyi (many people)
  • How much is this? – Chinoita marii?
  • Sorry – Ndineurombo
  • Thank you – Waita zvako (one person), Maita zvenyu (many people)
  • I don’t understand – Handisi kunyaso nzwisisa

Food to try: Mopani worms and a variety of game meat, including wartog and kudu, as well as crocodile are must try delicacies of Zimbabwe. Tradition foods that you must taste are: Sadza – stiff maize meal served with meat, sauce, gravy, sour milk, or stewed vegetables; Bota – porridge flavoured with peanut butter, milk, butter or jam; Dovi – peanut butter stew with meat or vegetables; Nhedzi – wild mushroom soup; and Mapopo candy – Papaya cooked in and dusted with sugar. Also try Whawha, a traditional maize beer.

Travel tips

What to pack:

  • Your passport, arrival and return tickets, adequate money.
  • A camera, notebook/ tablet or smartphone, power-bank to stay charged on the go.
  • Comfortable, lightweight, and casual clothes.
  • Comfortable sandals, sneakers and strong shoes if you decide to go on hikes.
  • A hat, sunscreen, sunglasses.
  • An umbrella/ rain coat during the rainy season.
  • A warm jacket for evening game drives.
  • Hand sanitiser, tissues, wet wipes, insect repellent – sprays and lotions, prescription medication.
  • Binoculars for safaris/sightseeing, waterproof bag to store personal belongings when on boat cruises/ water activities.

Tips while exploring:

  • Learn the common phrases in the local language and about local culture, and respect cultural norms.
  • Take anti-malaria tablets while visiting Zimbabwe which is in a high malaria zone. Be sure to inquire from a travel clinic in your home country well in advance before your trip.
  • Organise airport transfers before you depart.
  • Don’t take photos at border crossings or of government buildings. Have a positive attitude with authorities.
  • Drink bottled water.
  • Take note of your safety briefing at game drives and tours.
  • Always listen to your guide.
  • If you feel unwell while you travel, tell your guide or accommodation hosts.
Zim’s Econet puts media unit up for sale after closure announced

Post published in: Featured

Zim’s Econet puts media unit up for sale after closure announced – The Zimbabwean

Ernst & Young said in a newspaper advertisement on Friday that it will oversee offers for all or part of the company’s shareholdings in businesses in Botswana, South Africa, Zimbabwe, Lesotho, Zambia, Nigeria, Rwanda, Tanzania, Uganda, Malawi, Mauritius, Ghana, Kenya and Dubai.

Econet Media, which operates under the brands Econet Media and Kwese, runs businesses that offer satellite broadcasting, free-to-air television and digital distribution of media content.

Quick Guide to Zimbabwe: Visa-free travel for South Africans
Botswana looks to Zimbabwe for horti goods

Post published in: Featured

Zimbabwe police arrest 10 union officials as clampdown deepens – The Zimbabwean

The authorities have been cracking down on dissent in the country and preventing opposition-led demonstrations.

Police earlier in the day arrested 10 union officials as they tried to lobby the finance minister over low pay for teachers, witnesses said.

They bundled officials from the Amalgamated Rural Teachers Union of Zimbabwe into a truck outside the finance ministry. They also arrested the group’s lawyer, Douglas Coltart, and a journalist with online news outlet newzimbabwe.com who was filming the arrest, the witnesses said.

The journalist was later released without charge.

The union had been trying to present a petition to finance minister Mthuli Ncube over teachers’ salaries, which average around 500 Zimbabwe dollars ($50) a month.

Police spokesman Paul Nyathi could not immediately comment.

The umbrella group for unions, known as the APEX Council, said the government’s new, higher pay offer would mean the lowest paid civil servants earned 1,023 Zimbabwe dollars per month compared with their demand of 4,750 dollars.

It said that it would consult its members and that talks with the government would resume on Tuesday.

The economy is mired in its worst crisis in a decade, and security forces have in the past week snuffed out five attempts by the main opposition Movement for Democratic Change (MDC) to hold street demonstrations, dashing hopes that the government might live up to promises of becoming more tolerant of dissent than the one it replaced.

The party’s national organizing secretary Amos Chibaya on Friday appeared before Harare magistrates charged with failing to stop a demonstration the MDC tried to hold in the capital a week ago. He denies the charge.

The protest was planned as the launch event for a nationwide protest movement against the government of President Emmerson Mnangagwa.

Mnangagwa was elected a year ago on a promise of breaking with the strong-arm tactics that characterized Robert Mugabe’s 37-year rule, and engineering an economic upturn.

The MDC accuses Mnangagwa of political repression and blames his government for mismanaging the economy, triggering triple-digit inflation and widespread shortages of fuel, power and bread.

It said in a statement Chibaya’s detention “is testimony that the regime is undertaking a brutal program of persecution by prosecution” of MDC members.

If convicted he faces a one-year jail term or a fine.

State prosecutors opposed his application for bail, saying he would likely commit the same crime. The magistrate said she would make a bail ruling on Monday, which means Chibaya will spent the weekend in detention.

Chibaya is also facing trial on subversion charges linked to violent protests in January that prompted an army crackdown that led to the deaths of more than a dozen people.

Residents say police have increased patrols in Zimbabwe’s cities, where the MDC enjoys more support, since last week.

Botswana looks to Zimbabwe for horti goods
Violence in Zimbabwe Is Escalating

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Violence in Zimbabwe Is Escalating – The Zimbabwean

Imagine coming home and finding your entire house ransacked, your valuables stolen and your children tied to poles, their backs bleeding from being whipped with a sjambok. The sight rips your soul out and makes you want to find whoever did this to your loved ones and ensure they face justice.

You go and report the matter to the police and the greatest horror greets you. The ones manning the police station are putting on your stolen clothes and sipping tea out of your prized china. Rage fills you as you realize that it was they who violated you and your loved ones. Immediately you launch into a demand for your property, you call out their injustice and demand compensation. Then it happens without warning or shame. The whip cuts across your face and as you cover it in pain, the black boot of the senior cop smashes into your gut. You fall to the ground helpless, unable to scream out in pain or for help. The reality is that you have been robbed by those charged with protecting you — and now they will rob you of your voice too.

It’s August 2019, and there is no doubt about the unbearable magnitude of the economic hardships that ordinary Zimbabweans are facing: no electricity for 19 hours a day, crippling fuel shortages, the rising cost of living and runaway inflation. Basic commodity goods and services such as bread, water and public transport are no longer affordable to ordinary people. These endless struggles put even more pressure on Zimbabweans whose money was lifted directly from their bank accounts by the authorities and replaced with electronic money, which has now lost most of its value.

The attempt to protest against these painful hardships by ordinary people, who have suffered from years of political and economic misrule, has invited yet another season of police brutality. There are countless beatings of civilians, mass arbitrary detentions and more human rights violations.

The main opposition MDC Alliance recently called on all Zimbabweans to march peacefully and petition the government on the deteriorating economic situation. The first of those marches, slated for Aug. 16, was banned by the police — in clear violation of our constitution which guarantees us the right to protest peacefully and petition our government for whatever grievances we might have.

Despite the ban, Zimbabweans decided to exercise their constitutional right regardless – and were met with a display of disproportionate and excessive force by the police. The internet and newswires were awash with pictures and videos of citizens sitting on the ground being bludgeoned with batons and whipped by police officers. Women and the elderly were hit with blows to every part of the body from riot police.

Days before these scenes of brutality, civic society leaders were abducted, interrogated and tortured. Dumped and left for dead, the oozing welts all over their bodies, chemical burns and broken legs told a story of a ruthless regime determined to silence any criticism. This week, one of our best-known comedians, Samantha Kureya, went into hiding after being abducted from her home, beaten, stripped and made to drink sewage.

We have called for peaceful protests in the so-called “new dispensation” of President Emmerson Mnangagwa’s administration, and without fail they have all ended up in bloodshed, brutalized bodies, mass incarcerations and threats of death. There is no political will whatsoever in this government to allow Zimbabweans to exercise their basic freedoms, such as freedom of expression and peaceful assembly. Every avenue of protest has effectively been criminalised and once again just as Robert Mugabe did, there is an attempt to abduct, torture and criminalize dissenters.

This is why we march, organize boycotts and speak out continually for the right to protest injustice. We must never give that up for that would be to give up everything.

It is hard to describe the kind of soulless brutality that has and continues to take place in Zimbabwe. But the more powerful scene playing out in all of this, is that in the face of guns, baton sticks and tear gas, people still came out to march. Old, young. Men, women.

Besides the fact that those people were beaten, the undeniable truth is that they were not afraid to show that our hope is stronger than the authorities’ hate. They stood their ground and refused to let it ever be said that we did nothing. Some people, the fearful or the privileged, who have the luxury to tweet and sit out protests, want to claim that it is a waste of time.

What they don’t understand is that hope is not passive or apathetic. Instead it’s like a wave, though it subsides for a moment, it rises again and again. And with hope, we shall reclaim our freedoms one day.

Zimbabwe comedian is latest in torture of government critics – The Zimbabwean

Comedian Samantha Kureya lays in her hospital bed in Harare, Thursday, Aug. 22, 2019. Kureya was abducted from her home, stripped naked and tortured by masked men with assault rifles, for performing skits perceived as being anti-government, the latest in a string of alleged abductions of government critics. (AP Photo/Tsvangirayi Mukwazhi)

Barely two years after euphoric scenes engulfed Zimbabwe following the forced resignation of former repressive ruler Robert Mugabe, frustration and fear have returned.

Comedian Samantha Kureya was this week dragged from her bed, stripped naked and tortured by masked men with assault rifles for skits perceived as anti-government. She spoke to The Associated Press from her hospital bed.

“I am living in fear,” she said, complaining of “severe pain” in her legs and on her back.

Kureya said the men claiming to be police officers dragged her from bed half naked and bundled her into a waiting car on Wednesday night. They beat her using short whips, forced her to roll in a stream of sewage and drink from it, she said.

“I was wearing my underwear and a T-shirt when they took me, they didn’t even give me a chance to dress properly,” she said. Her abductors forced her to strip naked during the torture and warned her against mocking the government before abandoning her to seek clothing and help from strangers, said Kureya.

She had received threats on social media before the abduction, she said. Her latest skit mocked security agents for beating up demonstrators that included elderly women.

Political tensions are rising in Zimbabwe as the economy deteriorates with inflation at over 175% and growing dissatisfaction with President Emmerson Mnangagwa, who took over from Mugabe less than two years ago with promises of a “new dawn” and a “flowering of democracy.”

Human rights groups say at least six activists were abducted and tortured by suspected security agents ahead of an opposition demonstration last week. Police later used violence to disperse demonstrators in Harare on August 16.

On Friday, police broke up a protest by a group of teachers and arrested nine people, including a lawyer for the teachers and a journalist filming the arrests, according to Zimbabwe Lawyers for Human Rights, an NGO providing them with lawyers. They are yet to be charged, said the organization.

One of the activists abducted and tortured ahead of last week’s demonstration, Tatenda Mombeyarara had visible wounds on his legs, hands, buttocks and back. His kidneys were damaged and doctors put metal plates and pins on his fractured left leg and hand, he said, showing AP a scan while lying on a hospital bed. He said he was beaten with sjamboks (short whips), gun butts and a wheel spanner and also submerged in a pool of dirty water at a quarry dumpsite.

“They told me ‘you think you are a hero, all that will end today. You are going to die and your American sponsors will not save you’,” said Mombeyarara, who has been in hospital for the past nine days. “I am still traumatized. The pain was unbearable. I thought I was going to die.”

An opposition member of parliament said unknown people fired shots at his house Wednesday night, while a top official was arrested Thursday and accused of failing to stop supporters from demonstrating against the government. Since January, more than 20 activists have been charged with plotting to unseat Mnangagwa.

Police spokesman Paul Nyathi said the recent abductions and attacks “are being investigated” but denied that security agents were involved.

“We cannot blame security agents (for the abduction) because investigations are still underway,” he said.

Government spokesman Nick Mangwana blamed the attacks on “a force” he associated with Mugabe “to impair President Mnangagwa’s image as a sincere reformer.”

The U.S embassy in Zimbabwe and the European Union Delegation to Zimbabwe said in a joint statement earlier this week that reports of worsening human rights abuses were of “great concern.”

Kureya, the comedian, said she would continue poking fun at the government despite her abductors threatening to “put a bullet” in her mother’s head if she continues with her work.

“That is how I survive,” she said. “I don’t have any other job, plus we all can’t just keep quiet when things are as bad as they are in this country.”

Finally, A Clear Explanation Of How Blockchain Works In The Legal Space

Perhaps it’s unfair to suggest there’s never been a clear explanation of blockchain for lawyers before now. Casey Kuhlman of Monax can provide a pretty good primer. David Berger from Integra can get into the technical details for you. And Katherine Lowry tried to demystify the blockchain just this week.

But for a crystal clear account of real use cases, I sat down with Steve McNew of FTI Consulting to ask bluntly, “What’s the deal with blockchain for lawyers?”

For FTI, what blockchain can bring is big savings by automating pain points that are simply too onerous to deal with manually. Take the oil and gas sector. When companies haul crude from Canada to the Gulf, it comes down on railcars that are constantly monitored to ensure they’re delivering what’s promised. Insurers charge a premium to cover full railcars, yet on the return trip — when the cars are empty — the company continues to pay the premium because going back and turning off the premium for tens of thousands of individual cars would cost more than it’s worth. Using the existing sensors, a smart contract can flip the switch whenever a sensor records that the car is empty, saving the company on the order of $4-6 million every year.

Or, perhaps, a peanut company that purchases crops from Mexico and then sells them to a major food company. The manufacturer wants assurances that any peanuts it buys are organic, legally in the U.S., and not tied to violent cartels. In this case, Block 1 might maintain all origination information about the crop: who owns the farm, the deed, are there leins on the property, any connection to known cartels, etc. Meanwhile, Block 2 might track everything about the crop itself: when it was harvested, when it left Mexico, crossed the border, etc. Everything has to match. Ultimately, the FDA is going to want some of this information too. No problem, instead of giving them a report, just give them access to the data.

For all the hype, basically smart contracts are just code that automatically executes when objectively verifiable triggers are met.

But McNew notes that there are legal quandaries out there that the blockchain world still needs to address. “In a lot of ways, smart contracts flip the plaintiff and defendant,” he says. When a party breaches a normal contract, they don’t pay and get taken to court. In a smart contract the payment is made automatically, so the aggrieved party is the one looking to get their money back. And in these cases it’s not always clear how one heads to court. Developer code — all a smart contract is at the end of the day — doesn’t have the venue and choice of law provisions we all take for granted in standard agreements. Should lawyers be out there developing a UCC or writing boilerplate language into forms parties need to click like a software agreement?

And that’s all before we get into where cryptocurrency is headed. Forget Bitcoin, McNew sees the future of cryptocurrency in unconventional places like municipal bonds and healthcare. Berkeley is already moving this way with microbonds on blockchain. For McNew, companies should think about cryptos like frequent flier miles with customers earning rewards that they can only use for other services within the same ecosystem. One example he posed was a healthcare provider rewarding us for going to the gym with tokens that can be exchanged for co-pays. Could law firms themselves follow a path like this? Maybe. For firms trying to keep clients landlocked, a frequent flier program is one way to do it.

It’s hard to say where blockchain’s going to take the legal industry, but once you grasp some solid use cases, it’s easy to start coming up with more and more interesting hypotheticals.


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.

What Do You Wish You Knew About Biglaw BEFORE You Started?

Here at Above the Law we care a lot about increasing transparency at Biglaw firms — that’s why we spend so much time reporting on bonuses and salaries and benefits. And while reporting on the market standard and leaders will always be a part of our mission, we also want to hear about what it’s like to actually work in the halls of Biglaw.

So, we’re asking our readers to fill out a brief survey about what they wish they knew about their firm before they started working there. We don’t care about the firm’s PR line, but about what associates really feel about the firm. We’ll be integrating the results of the survey into a new transparency project that’ll be launched later this summer.


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).

When It Comes To Inquest Hearings — Or Any Court Appearance — Expect The Unexpected

After years of litigating a hard-fought commercial dispute in which we represented a domestic importer of foreign goods in a breach of contract action, my colleagues and I found ourselves in a relatively unique position: the other side suddenly gave up and defaulted, after which point, we were awarded a default judgment. Next step was an unopposed hearing in the form of an inquest in which we would itemize our damages and offer proof of the same.

While inquest hearings — single party trials without opposition — can be conducted via examination or on the papers, our judge requested paper submissions which we prepared and submitted. However, consistent with our firm’s practice of mooting arguments whenever one could arise, we brought our client’s vice president into our office to moot the inquest hearing.

Although we weren’t expecting a full argument, we knew that there was a chance that we may have to put him on the stand to clarify some points in his affidavit which itemized our client’s damages or, alternatively, to answer questions from the judge herself. We made good use of our preparation time, and asked our client-representative the toughest questions we could anticipate the judge asking him — and some which we were almost positive that the judge would not ask.

Feeling overprepared, we arrived at the courthouse expecting a very brief hearing in which we would only be required to answer limited clarification points which the judge had on our papers (although we did bring a slew of redweld folders, and a laptop, containing nearly all relevant documents in the case just in case necessary). However, as soon as our case was called, the judge immediately proved us wrong, and requested that we call our first witness, thus signaling that she wanted the entire examination conducted in court.

Rather than panic, we knew that our pre-argument mooting of the hearing encompassed a mini direct examination with the client’s vice president in which we rehearsed the procedure to offer evidence under the New York rules. Armed with our extensive preparation, we were able to put on a direct examination and offer documentary evidence of our damages into the record without incident after requesting only a brief moment to confer amongst ourselves and organize the materials which we had prepared for this very purpose.

When the hearing was over, the judge awarded us the entirety of the damages which we sought, and, to our surprise, even complimented our presentation. As is our practice, we conducted a post-mortem and made a note to always prepare for a full-blown argument or examination in the future.


David Forrest is an attorney for Balestriere Fariello. He graduated from Benjamin N. Cardozo School of Law in June 2018. David works on all aspects of complex commercial litigation and arbitration from pre-filing investigations to trial and appeals. You can reach him by email at david.a.forrest@balestrierefariello.com.