Category: News Feeds

Bill Barr isn’t even bothering to hide it any more. Donald Trump’s Attorney General is locking down those U.S. Attorneys Offices to put the kibosh on any politically inconvenient investigations during this election season. Well, not of Republicans, anyway.

The New York Times reports that Barr announced new restrictions yesterday on Justice Department investigations during an election year. If a U.S. Attorney’s Office wants to investigation a candidate for president, vice president, or congress, the AG will have to sign off on it personally. Ditto for any federal political campaign or campaign donor.

No investigation into a presidential or vice-presidential candidate — or their senior campaign staff or advisers — can begin without written notification to the Justice Department and the written approval of Mr. Barr.

The F.B.I. must also notify and consult with the relevant leaders at the department — like the heads of the criminal division, the national security division or a United States attorney’s office — before investigating Senate or House candidates or their campaigns, or opening an inquiry related to “illegal contributions, donations or expenditures by foreign nationals to a presidential or congressional campaign.”

The part about donors being off limits is a really nice touch. Rudy Giuliani’s errand boys in the Ukraine smear campaign, Lev Parnas and Igor Fruman, are currently under indictment for lying about the source of $325,000 they contributed to Trump’s America First Action PAC. Parnas and Fruman claimed the money was earned by their company Global Energy Producers, which had no actual income. In fact, the $325,000 check was from another shell company, but Trump’s PAC was courteous enough to credit it to Global Energy Partners. Which is not a good look. Lucky thing Uncle Bill is making sure America First won’t be distracted by law enforcement during this important fundraising period!

Remember when Donald Trump took to Twitter to excoriate then-AG Jeff Sessions for allowing the DOJ to prosecute Reps. Chris Collins and Duncan Hunter during an election year?

Looks like Rep. Pete Sessions, who also took hinky money from Parnas and Fruman, is in the clear. Phew!

Barr has consistently claimed that the investigation of Trump’s campaign for coordination with the Russian government was politically motivated, and he’s launched a criminal probe into its origins. The DOJ has tried, and apparently failed, to indict former FBI Deputy Director Andy McCabe for lying about it. Clearly Barr won’t be allowing that kind of slip up this time around!

Although an investigation of Joe Biden’s son for bog standard, totally legal sleaziness might be just what the doctor ordered.

In the end, Barr gives the whole game away. After the 2020 elections, the Department will revisit the issue to see whether the Attorney General really needs to bother himself with low-level corruption prosecutions. How tidy of him to include a sunset provision in his cover-up campaign.

Investigations Into 2020 Candidates Must Be Cleared by Top Justice Dept. Officials [NYT]

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

He’s certainly qualified. He’d be a terrific Supreme Court justice.

— John Dowd, one of Donald Trump’s former personal attorneys, in comments given about 63-year-old Jay Sekulow possibly being rewarded by the president with a lifetime appointment to the Supreme Court for his performance during the Senate impeachment trial. Joe diGenova, an informal Trump legal adviser, shared his thoughts about Sekulow after the trial: “For me, Jay belongs on the Supreme Court. I’ve always said that about him, and now it’s even more clear.”

After three years of working as one of Trump’s personal attorneys, Sekulow still hasn’t been fired, quit, or faced any legal troubles. For what it’s worth, Sekulow found the concept of a Supreme Court appointment quite laughable, saying, “Way too old. Not even in the cards at all.”

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.

Ed. note: Stock market manipulation schemes are coming to life on social media platforms and within inboxes of unsuspecting investors. This two-part series will discuss the problem and the tension between truth and tainted information. In part two, we will delve into what companies can do to get out in front of disinformation campaigns through attribution and other measures.

Disinformation is on track to disrupt Wall Street, and this growing trend is picking up steam. The Securities and Exchange Commission (SEC) initiated enforcement actions against 27 individuals and entities in 2017 for improper stock promotion schemes after uncovering deceptive scenarios in which communication firms hired to generate publicity for published positive articles promoting the stocks that “left investors with the impression they were reading independent, unbiased analyses on investing websites” when in fact they were reading paid advertisements propounded by investment research websites hired to pump the stock.

The SEC’s enforcement actions hammering back against company-initiated disinformation underscores the agency’s commitment to weeding out this deception when it relates to investments.

And while market manipulation is top of mind for the SEC, there is another disinformation-based scheme that is flummoxing companies and regulators alike — “short and distort” — a form of securities fraud wherein an investor takes a short position on a stock and then publicly berates the stock to influence it to drop. Inversely, the disinformation-based “pump and dump” scheme involves overpromotion of speculative stocks before selling out at the top. Pumping and dumping works best in a bullish market and shorting and distorting works best in a bear market.

According to global law firm DLA Piper, once all of the elements have been successfully proven, both schemes are de facto securities fraud by merit of the following elements: (1) misrepresentation to the market through articles, blogs, and social media; (2) materiality, especially when false statements discuss a company’s financial condition or viability; (3) an intent to deceive through market manipulation; and (4) connection to the purchase or sale of securities. State securities, consumer protection statutes, and common law can all apply too.

The Wildfire Effect of the Internet

Online forums and social media channels — which allow disinformation to spread quickly and often anonymously — are here to stay. So wrongfully targeted companies are getting more proactive around identifying the bad actors who are playing in this space and working to shut them down through attribution and law enforcement referrals.

It’s still too soon to see what type of role the platform companies can play in helping identify fake news around targeted companies especially since these discussions can be nuanced and encompass a level of opinion that, while unfounded, may appear credible to a news tagger. And email is no better. In 2015, in what has been described as one of the biggest cybercrimes in history, the data of over 100 million people was stolen from a dozen companies’ computers and used by a vast global network of cybercriminal accomplices to turn it into hundreds of millions of dollars. The weapon of choice — email addresses and other customer information that was stolen from the likes of J.P. Morgan and used to spam those customers with false information that led cybercriminals to successfully short and distort various stocks. Similarly, fake press releases and fake news websites, when sent to or viewed by the right audience, can create the same effect.

In the face of these challenges, companies are not sitting idle, and success stories exist. For example, homebuilder Lennar Corp., which was the subject of a short-and-distort campaign conducted by a developer and his associate caused Lennar’s market cap to decline by nearly half a billion dollars, brought suit for extortion and defamation. Lennar was awarded a $1 billion judgment, with the defendant also convicted on criminal charges.

First Amendment Versus Falsehoods 

On the other hand, the courts are not inclined to deny investors an opinion about a company’s value or behaviors. In 2012, when SilverCorp, a Canadian silver producer listed on the New York and Toronto stock exchanges, sued a hedge fund and group of investors who had published two separate reports alleging that the company was engaging in fraud, the court dismissed the defamation case on the grounds the reports were composed of constitutionally protected opinions and therefore not actionable. Among the considerations that tipped the lawsuit in favor of the defendants were the court’s findings that the reports expressly disclosed that the reports were opinions and that the authors of the report were not disinterested because they held short positions in the company. Perhaps due to precedents of that nature, lawsuits against short sellers have been considered rare, given free speech protections and companies’ hesitancy to submit themselves to the distraction and exercise of regulatory review.

But there has been movement by the SEC to crack down on these exploits.  On September 12, 2018, the SEC filed a complaint alleging that George Lemelson and Lemelson Capital Management LLC issued false information about a company after Lemelson took a short position in the company on behalf of Amova Fund, a hedge fund he advised and partly owned. According to the SEC, as a result of Lemelson’s short and distort scheme, and through disseminating reports, conducting interviews, and using social media platforms, the company lost more than one third of its value. The case survived a motion to dismiss in 2019. If the SEC is successful, this case is thought to pose a significant deterrent to would-be market manipulators.

According to DLA Piper, by its actions, the SEC also further opens the door for defrauded companies and investors who have been, or may be, targeted by short and distort schemes to pursue civil litigation to recover their damages. The SEC’s involvement could help companies overcome prior difficulties in identifying the real person behind an online alias or obscure entity.  Companies and private investors may also be more willing to pursue such actions if they feel that the SEC or other regulators will back them up by taking bad actors to task in separate civil or criminal proceedings.

In the next part of this two-part series, we will address how companies have successfully deterred or strategically mitigated the fallout from short and distort campaigns.

Jennifer DeTrani is General Counsel and EVP of Nisos, a technology-enabled cybersecurity firm. She co-founded a secure messaging platform, Wickr, where she served as General Counsel for five years. You can connect with Jennifer on Wickr (dtrain), LinkedIn or by email at dtrain@nisos.com.

Have you ever experienced something so crazy, or so completely unbelievable during your time working as in-house counsel that you needed to stop and ask yourself, “Is this real life?” Have you ever wondered what these experiences would look like on stage, performed by real actors?

Thanks to NYU Law and Sarah Feingold, GC of Vroom, your stories of legal madness will once again be transformed into dramatic theater presentations. What kinds of stories are they looking for? Feingold provided us with this nifty little Venn diagram:

Anonymous submissions can be as long or as short as you’d like, and in-house counsel from any kind of company will have until February 29 to submit their stories. After the deadline passes, stories will be thoroughly examined, edited, and given to NYU theater students for their review. This fantastic event will be held sometime in the spring, and as soon as a date is announced, we’ll publish more information for our readers.

Click here to submit your legal tales of insanity.

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.

King Mzilikazi was the founder of the Ndebele nation.

The wide road leading to South Africa past the Centenary Park and Ascot mansions – originally known by its colonial name, Selbourne Avenue – had been renamed Leopold Takawira Avenue, after the former deputy president of ZANU who rebelled from Joshua Nkomo’s ZAPU in 1963, during the early years of colonialism resistance.

Bulawayo councillors have also resolved that all Avenues in the CBD will maintain their numbering format from 1st Avenue to 15th Avenue, defying a government directive last year to rename 6th Avenue to Emmerson Dambudzo Mnangagwa Way.

King Mzilikazi Road will, therefore, start from Samuel Parirenyatwa Road, ending at the Umguza River Bridge. The remainder of that road leading up to the Tredgold Magistrates Court will be 7th Avenue.

Defying the government directive, the councillors have, instead, resolved to rename George Avenue – which runs from Harare Road to Old Gwanda Road past Holiday Inn hotel – after Mnangagwa.

A motion to adopt the name changes, tabled by Ward 17 councillor Sikhululekile Moyo, before being adopted by the full council, said in part: “It is desirable to preserve the pre-colonial, colonial and post-colonial history and heritage of the local people of Bulawayo and promote national cohesion, healing, peace and tranquillity in a devolved unitary state.”

Apart from renaming some of its roads, the BCC is also correcting some street and road names. Lobengula Street will now become King Lobengula Street; Moffat Road in Hillside suburb is to be known as Robert Moffat Drive while Leander Road in Hillside will carry the full name of Dr Leander Star Jameson Road.

Cecil Avenue, which runs from Harare road past the National University of Science and Technology past Matopos Road all the way up to Morningside suburb where it ends at the intersection of Ullswater Drive and Wellington Road, will now be known as Cecil John Roads Avenue.

Coghlan Avenue in Kumalo is being corrected to Charles Patrick Coghlan Avenue.

The BCC has also announced name changes to honour some of the country’s liberation heroes and heroines.

Nketa Drive will now be known as Queen Lozikheyi Dlodlo Drive, after the Ndebele matriarch who was one of the wives of King Lobhengula.

Athlone Avenue is changing to Simon Vengai Muzenda Road and 23rd Avenue is to become Landa John Nkomo Road in honour of the two late former vice presidents.

Also honoured is independence war hero Nikita Mangena, who will have Fife Street being renamed Nikita Mangena Street. Fort Street is to be known as Lookout Masuku Street, immortalising the former ZIPRA commander.

Basch Street is being renamed Dumiso Dabengwa Road, in honour of the former ZIPRA commander who died last year.

Old Khami Road is now Sydney Malunga Road, a tribute to the late relentless campaigner against the marginalisation of the Matabeleland region.

Other Street/Road Name Changes

Lady Stanley Avenue to Mama Joanna Mafuyana Avenue

Steeldale Road and Anthony Tylor Road to Albert Nxele Road

Dunde Drive to Sikhanyiso Duke Ndlovu Drive

Waverley Road to Jairos Jiri Road

Fairbridge Road to Erick Bloch Way

Hillside Road to Sir Garfield Todd Road

Van Riebeck Road to Joseph Msika Drive

Connaught Avenue to Cephas Cele Avenue

Collenbrander Road to Daniel Madzimbamuto Road

Manchester Road to George Nyandoro Road

Vera Road to Naison Khutshwekhaya Ndlovu Road

Birkenhead Road to Sikanjaya Muntanga Road

Doncaster Road to Maria Msika Road

Landmark Name Changes

Pelandaba Clinic is to be renamed Thenjiwe Lesabe Clinic

Stanley Hall in Makokoba has been renamed Liberation Legacy Square

Post published in: Featured

The directive comes as a recommendation by ZANU PF’s Politburo after Tsenengamu and former deputy Youth Affairs Secretary Lewis Matutu held a press conference Monday accusing President Emmerson Mnangagwa’s close allies of corruption.

“Ideologically I am up there, that is why I was elevated to the position I had. We cannot use Cde Chitepo’s name to protect corrupt elements. I am not going there. Those that made the recommendation should be the ones going to the school of ideology.”

Tsenengamu said he does not see where he and Matutu wronged the party.

“I do not see where we wronged the party. They said we flouted procedure yet they are the ones who tampered with the party constitution by failing to serve us with formal communication and give us an opportunity to defend our position before a disciplinary committee.

“We did this as individuals, and not representing the party,” he added.

The firebrand politician accused the Zanu PF hierarchy of playing the role of the “arresting officer, prosecutor, magistrate and prison official.”

“I do not care what will happen next. I am part of society, live in society and know what corruption is doing to the livelihoods of ordinary people. I cannot go against my conscience,” he said.-Credit :Zimbabwe Voice

Post published in: Featured

Is my argument as strong as it can be? Are there better cases out there? And did I find every weakness in my opponent’s argument?

These types of questions can slow you down, but they don’t have to. Watch this webinar to get a firsthand look at the most advanced AI-based project Thomson Reuters has ever tackled: Westlaw Edge Quick Check. Quick Check goes beyond traditional research methods to uncover relevant authority that may have been missed. Hear from one of the creators of Quick Check how this feature is helping researchers practice with a new level of confidence in their own work, gain a strategic advantage against their opponents, and ultimately deliver superior client value.

Legal research will never be the same.

Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Claire E. Parsons back to our pages.

It might be a great story if I could tell you how I advocated for myself with my law firm during my first, and most difficult, pregnancy, but I’m still practicing as a partner with the same firm because I didn’t have to. I don’t usually lack the ability to fight. My opposing counsel will vouch that I have no qualms about making demands or setting boundaries. But, even if we have a capacity or a skill, it doesn’t mean we are always able use it.

The reason it mattered so much that I didn’t have to persuade my then bosses to treat me well during my first pregnancy was that, at that time, I was unable to do it. Why? Because it was one of the lowest and scariest points of my life. At the time, I believed, albeit incorrectly and unconsciously, that the difficulties in my pregnancy were my fault.

After an otherwise normal pregnancy, my daughter was diagnosed at around 20 weeks as “IUGR.” I later learned that this meant she was small, but the reason was unknown and confounding since I’m 5’11’’ and had been a nearly 10-pound baby myself. During the ultrasound where this was discovered, I lay helpless, exposed, and covered with goo, as the tech learned my occupation and cross-examined me about whether I was “working too much.” Clearly, she believed I’d caused it and I was too shocked and ashamed to disagree. After ordering rounds of bi-weekly tests to monitor the baby’s progress, the doctor seemed to echo this unstated accusation as she warned me to avoid working past 5 p.m.

I cried most of that night, then went to my boss the next morning to convey the news. I offered no solution to manage the situation and my case load because I had none. But, without a single mention of billable hours, my boss volunteered that I should reduce my work schedule even more than the doctor had recommended and he gave the only good advice for such a situation: to put myself and the baby first. While I was still scared, I was reassured to have my firm’s support as I managed my health, my baby’s growth, and my work.

As the weeks went on, the baby grew but not as much as we’d hoped. With no warning, I was put on bed rest for three weeks before labor could be induced. I remember calling my mom in tears to drive me to the hospital because I was too shaken to drive myself a few miles. Then I remembered I had a brief due soon, panicked for a moment, and called another partner to discuss it. She told me to forget about it, that she’d handle it, and that I had no choice but to rest as the doctors had ordered. I hated giving up a project and leaving someone else to pick up the slack, but it was a relief to know I didn’t have to try to focus on a brief when all I could think about was my baby’s safety.

When my daughter was born, she was tiny but gorgeous and healthy. Unfortunately, she was tongue-tied and could not breastfeed. I saw this as yet another failure and tried unsuccessfully for three weeks to redeem myself by getting her to latch. Pumping and attempting to feed the baby around the clock resulted in minimal sleep, crying jags, endless frustration, and more feelings of failure. Eventually, we started formula and therapy helped me become aware of and confront the unconscious belief that I had failed as a woman not once but twice, since I couldn’t grow or feed the baby.

My firm never knew any of this, but for this reason, I was fortunate that they didn’t demand that I come back early to compensate for the three weeks I’d spent on bed rest. The truth was that I needed the full period of my leave to accept that my daughter was okay, catch up on sleep, and recover from my experience. By the end of my leave, I was still exhausted but at least felt able to face the world.

When I returned to work, my practice picked up where it left off. I still got quality work, contact with clients, and no one ever assumed that I couldn’t handle projects because I had a new baby. Within a year, I second-chaired a successful wrongful death trial. The next year, I won two significant awards for community service and professional achievement. The following year, I successfully first-chaired a jury trial. The next year, I made equity partner. And as my practice grew up, so did my daughter. She’s healthy though still petite, and she has a limitless imagination, a huge heart, and is a fantastic big sister. As it turns out, I didn’t fail at anything at all when I made her.

How did my law practice survive a difficult pregnancy? It survived the way we all survive when life happens to us: with decency and compassion. Because my firm helped my practice survive, we have since been able to make it thrive. Now, as a partner, I mentor associates, market the firm, and bring in new business.

I didn’t write this to tell you what your firm’s policies should be, but I hope your firm remembers the human factor when it is setting and implementing policy. In my case, compassion from my firm saved my practice when my life took a turn that I didn’t expect. That kindness helped my firm retain a talented, loyal, motivated attorney who plans to practice for decades more. For a little while, I didn’t believe in myself. Because the partners in my firm stood by me, I believe in them and work hard every day to make sure they know it.

Earlier: Mothers At Law: Achieving Meaningful Success In The Legal Profession

Claire E. Parsons is a Member at Adams, Stepner, Woltermann & Dusing, PLLC in Covington, Kentucky where she focuses her practice in local government practice, school law, and civil litigation. She is the mother of two girls and the Content and Communications Chair for MothersEsquire. You can email her at claire@claireeparsons.com, follow her on Twitter @ClaireEParsons, or connect with her on LinkedIn.