It may be hard to remember this after a decade of badly trailing the broader markets, but the ostensible purpose of a hedge fund—and the willingness of investors to pay their fees—is to produce alpha, which is to say outperformance of said market. Its absence explains the proliferation of premature obituaries, which did not account for investors’ apparently insatiable desire to pay far too much for far, far too little, and for the existential question, “What, exactly, is the point of these things?”
Law School Profs Throw Fit On Twitter Over Having To Answer Basic Reporter Questions
Last week, some law professors on Twitter dug their straw people out of storage and started swinging baseball bats furiously. Their complaint was a public records request sent by Slate’s Mark Joseph Stern asking some prominent public university Federalist Society advisors if they’d heard anything from Leonard Leo recently.
It’s a newsworthy request, since Leo claims that he walked away from the day-to-day management of FedSoc in a bid to deploy more dark money in his effort to get more non-qualified judges on the federal bench.
Bainbridge’s problem with the request, he says, wasn’t the propriety of a public law school professor having to respond, but that he felt left out of the right-wing conspiracy.
True. Darth Vader threw his evil boss down a shaft instead of tweeting a heads-up.
Aw, dude, it’s not personal that you’re not part of the right-wing conspiracy, it’s that you’re at UCLA. If there’s any FedSoc chapter that must be crawling with FSINO never-Trumpers it’s got to be the Bruins. I guess they did make all those T-shirts about being on “Team Sander” showing support for Richard Sander, the co-author of Mismatch, the anti-diversity screed that Scalia tried to use to get Becky With The Bad Grades into Texas. But generally speaking, public law school education folks in Los Angeles don’t scream right-wing activist.
Seriously though, what kind of “smear job” does this request suggest? If Leo isn’t handling day-to-day work, it’s a story that doesn’t get written. If he is, then it’s not a smear job but a pretty important story about dark money and non-profit statuses.
Sure… but that’s not this request. This isn’t a request for every FedSoc document a professor has ever touched from newsletters to student budget requests… it’s a very focused request about whether or not a professor has corresponded with Leonard Leo since the latter publicly claimed he left FedSoc’s day-to-day management?
Every document request should be so narrowly tailored!
It’s pretty clearly not a story about what any professor is doing, it’s about whether or not this guy is doing what he said he would to tacitly comply with the law. Obviously there are records requests that could function as cheap intimidation tactics. We’ve seen those before. They focus on the professor and try to dig up the substance of anything the professor may have written or said so they can concoct some sort of pressure campaign.
I know we’re talking about law professors here so this may be a futile request, but not everything is about you. This request is about a non-professor and not even about substance since all that really matters is if the contacts took place at all. If you can’t feel comfortable with a request this straightforward then you’re basically against the whole concept of public records transparency and that’s problematic too.
No one wants to Potter Stewart this thing, but I know an abusive records request when I see it. This isn’t it.
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.
Morning Docket: 03.03.20
* An Oregon lawyer is in hot water after he refused to fork over $200 for a 15 minute lap dance. The billable hour rate for this stripper is probably higher than the lawyer who refused to pay. [The Oregonian]
* A federal judge has dismissed a lawsuit filed against the Indiana Attorney General on behalf of women who claim that the AG groped them at a party. [Chicago Tribune]
* R. Kelly’s lawyers are arguing that it is unconstitutional to prosecute the disgraced singer for allegedly having sex without informing his partners that he may have had an STD. Wonder if this is what the founders intended, Benjamin Franklin may have had an opinion on this issue… [Page Six]
* The Supreme Court has refused to review the constitutionality of bump stock bans. [NBC News]
* Apple will pay up to $500 Million to settle a lawsuit over intentionally slowing down older phones. [CNN]
* The husband of LA’s District Attorney pulled a gun on Black Lives Matter protesters camped out outside of their house. Not sure California’s castle doctrine covers this… [NBC News]
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.
IMF questions Zimbabwe’s economic reform policies – The Zimbabwean
The International Monetary Fund (IMF) recently released the conclusion of its 2020 Article IV Consultation with Zimbabwe, stating the country’s economic reform agenda was off-track.
According to the report, Zimbabwe is currently struggling with its worst economic crisis in a decade, with prices of basic goods soaring, shortages of medicine and fuel, crippled agriculture, lack of electricity, the newly introduced Zimbabwean dollar (ZWL$) losing most of its value, high inflation rate, and low international reserves amongst others.
IMF’s statement highlighted the fact that “the government which came to office following the 2018 elections adopted an agenda focused on macro stabilization and reforms.” These reforms entailed a complex framework for proposed monetary and fiscal policies, economic laws and regulations which when established will reduce volatility and encourage welfare-enhancing economic growth. However, the statement revealed that these plans are “now off-track as policy implementation has been mixed.”
Despite daily power cuts lasting up to 18 hours in Zimbabwe, the state power transmission company said on Thursday, February 27, 2020, that it would increase its electricity tariff by 19.02 percent. This new policy will be effective from March 1 although the last tariff increase was done less than 5 months in October by 320 percent. The government citing a rise in inflation and a weakening exchange rate said that this would help increase supplies in the southern African nation.
Similarly, delays and missteps in the foreign exchange and monetary reforms have failed to restore confidence in Zimbabwe’s new currency and the government’s re-engagement internationally on debt arrears is still delayed, constraining its access to external support.
Without an increase in donor support, the IMF said, Zimbabwe had a high risk of a humanitarian crisis, with more than half of the population without food security, another poor harvest expected and growth in 2020 is projected at near-zero with no signs to end food shortages. The UN World Food Programme (WFP) already warned in December 2019 that food supplies will run out in early 2020 unless urgent assistance is provided.
However, with these economic and humanitarian crises overwhelming the citizens of Zimbabwe, the Executive Directors of IMF dished out a series of advice to aid the country’s government. One of which is to make a concerted effort to ensure economic and social stability through the adoption of coordinated fiscal, monetary and foreign exchange policies, alongside efforts to address food insecurity and serious governance challenges. Also, the IMF emphasized the importance of re-engagement with the international community to support efforts to achieve economic sustainability and address the humanitarian crisis.
Post published in: Business
Zimbabwe Almost Triples Salaries for Mine Workers, Union Says – The Zimbabwean
3.3.2020 11:02
The Associated Mine Workers Union of Zimbabwe reached a deal with the Chamber of Mines that will result in members’ salaries being almost tripled in the first quarter of 2020.
“We managed to cobble out an agreement for the mining industry covering January to March 2020,” AMWUZ President Tinago Ruzive said in a statement. “The increase is based on the dollar value principle for those miners who may be paying above the minimum due to various reasons or merit.”
The increment in the southern African country grappling with triple-digit annual inflation rates and food shortages will result in the lowest-earning employee receiving ZW$3,450 ($192.20) a month, compared with ZW$1,200 previously.
The mining sector has 40,000 registered employees, according to the Chamber of Mines. The union had initially sought a 67% increase for its lowest-paid members.
Post published in: Business
Zimbabwe’s economy goes from bad to worse – The Zimbabwean
The IMF’s recent report makes grim reading, with negative growth recorded for last year, and an expectation of effectively no growth, growing inflation and a devaluing currency into 2020. The underlying macro-economic instability has been made worse by major climate impacts during 2019 – both the drought and cyclone Idai. The situation is bad, and getting worse.
With the failure of government to address the required reforms, the prospects of renewed external support with the necessary debt write-offs look minimal. The stand-off with the international community continues, with international sanctions and a lack of investment continuing. With external public debt rising to over 50% of GDP, much of it in arrears, there is little chance of the Zimbabwean state repaying. Bail-outs at some point will be required, and the scale of investment needed for basic infrastructure and services is estimated at US$16 billion. But instead of Zimbabwe, Somalia seems to be the focus of favourable terms, with Zimbabwe being left to decline further.
The embedded corruption at the heart of state failure becomes intensified as the economic chaos deepens. Those able to profit from parallel currency deals and leverage resource from state-led programmes are the elite few, connected to the political-military elite. And who suffers? Ordinary people, and especially the poor. The consequences of economic collapse are most felt in the urban areas, where safety nets are non-existent. While those in the rural areas have their own production to fall back on; even though this year the effects of drought have hit rural livelihoods hard too.
As the state tries to ameliorate the situation, things only get worse. For example, the Finance Minister announced the creation of ‘garrison shops’ so a restive army could buy goods on favourable terms. It was supposed to be financed by a levy on civil servants. But another parallel economy only creates opportunities for hoarding and profit, and punitive taxation on already struggling people causes resentment. Policy is being made on the hoof. Almost as soon as it was announced, it seems the tax was rescinded, or deemed voluntary, and so a big unbudgeted expenditure was added to the inflation pressures.
The uncovering of the massive rent-seeking in the milling industry, directly fuelled by state-sponsored grain buying for food relief, has exposed the problems. An apparently well-meaning policy is naively implemented, and those in the system exploit its benefits ruthlessly. In this case, with many alleged connections right to the top. The sense that those in charge are wholly out their depth or exploiting the system for their own benefit (or possibly both) is palpable. The IMF review team, in appropriately guarded language, clearly felt this.
Mentioned only obliquely was the cause celebre of this chaos – command agriculture. The corruption at the heart of this programme has been widely exposed, not least by the Public Accounts committee, chaired by opposition MP, Tendai Biti. Around US$3 billion is alleged to have been misused, through a complex web of government funding, private companies and military involvement. A recent ZDI report has highlighted the nexus of corruption at the heart of the party-state and military.
Under normal circumstances a public-private partnership for contract financing of commercial agriculture would have some credibility – just as would subsidised produce for the armed forces or state purchasing of grain through milling companies. But circumstances aren’t normal in Zimbabwe. Despite attempts at restructuring, the grip of corruption is so intense, and often led by networks close to those in power and running these initiatives, that these apparently sensible schemes become the basis for significant extraction, no matter what their worth.
No-one has quite got to the bottom of the command agriculture story as yet. The political economy is clear, but there have certainly been benefits. In our study areas for example, command agriculture resources have unquestionably resulted in boosts in production, especially on A2 farms. Repayments have been inconsistent, but many have been pursued rigorously. Not everyone can get away with just exploiting the system. But this is the point – it is just a few that continue to profit, getting massively rich while the rest suffer.
Is there a way out of this downward spiral? Attempts by the technocrats in the state to do what is required are foiled with each move it seems. Policies seem to be concocted at random, desperately responding to situation that is out of hand. One day it was illegal to sell fuel in US dollars to protect the local currency, the next day it is permitted across the country. Secret printing of money to offset US dollar losses in the mining industry solve one problem, but create many others.
The loss of trust in the government by key players – the IMF, western donor governments, even the Chinese – is clear. Sanctions (or other ‘restrictive measures’) are still in place, with influential players within and outside Zimbabwe arguing that they should remain until the regime changes. Investors are shying away, despite the occasional positive effort to rebuild key parts of the economy. Moves to create political coalitions across the divides are viewed with great scepticism given the experience of the Government of National Unity from 2009-13. It’s stale-mate. Some are holding out for an ‘uprising’ (usually those sitting in comfort firing off tweets), while others think it will have to get much worse before there is a change.
It is not a happy story, and given the dire food security situation this year, the consequences for livelihoods are severe. In agriculture, the glimmers of progress seen up to 2016 on the back of greater economy stability are fast being stamped out. Things are currently very fragile, and most farmers are holding back on investing further.
Today, like Somalia, Zimbabwe has a collapsed economy with vanishingly little state capacity, but, unlike Somalia, seems to be unable to convince the IMF, AfDB or other donors and investors to provide support. Another shock – whether further drought, the spread of coronavirus or something else – may create cascading, disastrous effects, with the elite being able to escape, while the poor (and this now includes a large portion of the population) will have to bear the brunt.
This post was written by Ian Scoones and first appeared on Zimbabweland
Post published in: Business
SCOTUS Taking Another Look At ACA — See Also
Here We Go Again!: The Supreme Court is going to hear an Obamacare challenge. At least it’s right before the election so it will be totally low-key.
Keep Calm And Bill On: Coronavirus hits NY and Biglaw has to react.
Judges Behaving Badly?: More allegations of misconduct.
Lawyers Getting Emotional: Biglaw partner has a bad day.
This Law School Helps Grads Get Jobs Right Away
According to 2020 data collected by the Internet Legal Research Group, which law school has the highest percentage of students employed at graduation?
Hint: An impressive 94.9 percent of grads are employed at graduation.
See the answer on the next page.
Junior International Litigation Associate Attorney in Houston
The Houston office of our client, a Top I00 AmLaw international firm, is seeking an exceptional junior litigation associate with 2-3 years of litigation experience. A judicial clerkship is preferred. This role will focus on matters across the environmental, energy, and construction industries.
Candidates should have a strong academic record from a nationally respected law school and an equally impressive undergraduate degree, as well as large law firm experience and excellent references. Strong verbal and written communication skills, including legal research and writing, are also required.
Interested and qualified candidates should apply online to this posting, or email your resume in confidence, or with additional questions, to: houston@kinneyrecruiting.com. Rest assured that your resume never goes anywhere without your prior approval.
Biglaw Partner’s Emotional Outburst In Russia Probe
Reed Smith partner Eric Dubelier’s representation of Concord Management and Consulting, the company owned by Russian oligarch Yevgeny Prigozhin that was indicted as part of the probe by Special Counsel Robert Mueller, has seemingly devolved into farce. As a recap, Dubelier has already been benchslapped by the sitting judge — and Trump appointee no less — Dabney Friedrich of the District of Columbia for what she called “unprofessional, inappropriate, and ineffective” comments — a move he didn’t take kindly to.
The latest development in the case is no less contentious. At a hearing in the case earlier today Judge Friedrich indicated there was a strong likelihood that Concord Management failed to comply with the government’s subpoena. As reported by Courthouse News, Dubelier’s reaction was more akin to an emotional outburst:
Accusing the judge of taking a tone that suggests that the defense counsel is engaged in something “sneaky,” Dubelier pounded his fist on the lectern.
“I am not! I am not!” the lawyer said, his voice shaking.
Assistant U.S. Attorney Adam Jed’s concerns about Concord’s compliance preceded Dubelier’s emotional response, when he said, “We are starting to have some concerns about whether Concord is participating in this case.” To which Dubelier had a predictably forceful response, “It’s bogus… It’s a ridiculous argument.”
Friedrich’s response was described as “calmly wav[ing] off Dubelier’s accusations” of favoritism.
In the document dispute, Dubelier said that Concord produced all documents in its possession. However, Judge Friedrich said that the assurances of production must come from a Concord employee, as Dubelier, “cannot fill that role here, clearly.”
Jed questioned the adequacy of an affidavit to signal compliance, particularly given the weight of the accusations against Concord, “It gives us pause … that they are just going to write something down and give it to the U.S. government.” Jed urged the court to hold Concord in contempt. In the interim, Friedrich ordered Concord to submit an affidavit from someone at Concord describing the steps it took to search for the requested records by 5 p.m. on Wednesday.
Kathryn 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).