Credit Suisse and Swedbank recently had to oust CEOs over unfortunate incidents—in the former case, spying on employees, and in the latter, possible Russian money laundering. But both have bent over backwards to make as clear as possible that those CEOs had done nothing really wrong, that the worst that could be said of them is that they didn’t do enough to make themselves aware of the potentially reputation-injuring matters going on beneath their noses. And by that we mean both hired law firms to exonerate both the banks themselves and those that led them. In Credit Suisse’s case, it did so before firing Tidjane Thiam, which exhaustively reviewed a whole month of correspondence between Thiam and his lieutenant/spy chief/scapegoat Pierre-Olivier Bouée before pronouncing Thiam wholly innocent of the whole affair. Swedbank was forced to part ways with Birgitte Bonnesen before having a law firm conduct a face-saving probe, but was nice enough to go easy on her all the same.
SA 21-day lockdown: Zimbabwe to feel the pinch – The Zimbabwean
As South Africa goes into a 21-day lockdown Thursday midnight, as part of a raft of measures to contain the deadly Coronavirus (COVID-19), it goes without saying that Zimbabwe, which imports a variety of products from Africa’s most industrialised economy, will feel the pinch.
South African President, Cyril Ramaphosa, on Monday said the country would go into a 21-day lockdown from midnight of 26 March to midnight of 16 April 2020 as part of the measures to deal with COVID-19.
The number of confirmed cases in South Africa leapt to 709 on Wednesday.
During the shutdown shops and businesses will be closed, with the exemption of pharmacies, laboratories, banks, the Johannesburg Stock Exchange, supermarkets, petrol stations and healthcare providers.
Health workers, emergency personnel and security services will be allowed to work, while soldiers will be deployed to patrol the streets in support of the police.
Ramaphosa, however stressed South Africans will still be able to leave their homes to seek medical care, buy food or collect a social grant.
There is no doubt that Zimbabwe, which imports 40 percent of its raw materials from South Africa will be negatively affected by this lockdown.
Matabeleland which has over the years relied on cross-border traders, popularly known as omalayitsha bringing foodstuffs into the country every month is set to be affected by the lockdown.
Social commentator, Methuseli Moyo, told CITE the looming South African lockdown had created uneasiness in Matabeleland.
“The lockdown has caused anxiety among both business and residents in the region because of the reliance on SA for supplies and stocks,” said Moyo.
“That is why suddenly there are queues at grocery shops and meat suppliers. There is fear that food might run out during the lockdown.”
He added: “Most small and even some big businesses utilise omalayitsha for logistics and restocking, and if those are grounded there could be challenges. The alternative would be to rely on local goods sold at markets, such as those at Old Renkini and Entumbane bus terminus.”
Moyo emphasised the need for locals to know the choices available to avoid being taken advantage of by unscrupulous traders, some of whom have since more than doubled prices.
Khanyile Mlotshwa, another social commentator, said the lockdown means it will no longer be business as usual for those who would want to travel between Zimbabwe and South Africa during the lockdown.
“Business will be low because people will not be moving around especially in Johannesburg which is the disease’s epicentre,” said Mlotshwa.
He added Zimbabweans wishing to send goods home during the shutdown were likely to face challenges since human movement would be curtailed.
National Consumer Rights Association (NACORA) spokesperson, Effie Ncube, said the lockdown would affect livelihoods north of the Limpopo.
“As a result of the lockdown, there is going to be tremendous hunger and suffering in the country,” said Ncube.
“Do not forget that by closing the borders you are not just protecting the people from externally transmitted Coronavirus cases but you are also closing off mealie-meal and other basic commodities that people depend on. Remember the country is no longer a manufacturing country so most of the basic commodities that people depend on are not manufactured in Zimbabwe. They have to be imported.”
Economist, Prosper Chitambara, said the shutdown would heavily weigh down on the Zimbabwean economy affecting the supply chain, considering 40 percent of its imports come from South Africa.
Morning Docket: 03.26.20
* The star of the hit Netflix docuseries The Tiger King has filed a lawsuit alleging that he was framed as part of a massive conspiracy. Now I really need to watch series… [TMZ]
* Lawyers are predicting that social isolation will lead to higher divorce rates in the months to come. [CNBC]
* It seems that along with divorce attorneys, wills and estates lawyers are in high demand because of COVID-19, and certain attorneys are preparing so many wills that some are being signed on the hood of a Porsche. [Bloomberg Law]
* The attorneys general from 33 states have sent a letter to Amazon, Walmart, and others asking them to crack down on price gouging related to COVID-19. [NPR]
* Federal officials are forcing attorneys to wear gloves, masks, and other protective gear to represent clients in certain immigration detention centers. However, some attorneys argue that this could be taking equipment away from healthcare workers. [Denver Post]
* A Native American tribe has sued a group of insurance companies seeking coverage for casino closures under a business interruption policy. Depending on the policy language, this could be a huge gamble… [Insurance Journal]
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.
I am sorry – The Zimbabwean
My name is Godfrey Tsenengamu. I am a young Zimbabwean politician and some of you could be knowing me from the past in so many different ways, good and bad.
After some critical reflections and introspection on my past political life and experiences, I have decided to come before you all to express myself in the best way possible.
It is my heartfelt desire that I open a new chapter marked by a new set of priorities, focus and direction dedicated to serving Zimbabwe and beyond.
Looking back at my past, I strongly believe that it is a reality that cannot be wished away hence the decision to take personal responsibility and ask for your forgiveness and find peace with my past.
Today, I humble and submit myself before you all my fellow countrymen, especially those Zimbabweans whose activities, views and opinions I would not appreciate, tolerate or accept and all the Zimbabweans in general, to say I AM SORRY for all the negative things I ever said, did or caused on you and your loved ones in any way that you may remember or have experienced.
It pains me to look back at my past and realise that so many a times I overlooked your happiness in an attempt to make myself happy, only to realize that my happiness lies in yours. I stand here to admit that a majority of times, I was selfish and self-centred and now feel ashamed of every negative thing I ever did, said or caused in my past. I haven’t got any excuses for whatever that I did, said or caused in the past. I take full responsibility for myself and my actions. I will not pawn this off on anybody. I am sorry it happened as I did hurt you directly or indirectly and in so many ways i.e. physically, emotionally or otherwise . Having taken this decision, I would like to reiterate that it is possible to turn from our selfish ways and refocus our energies to collectively building a Zimbabwe where our children are guaranteed of a prosperous future.
Personally, I have equally decided to take the conscious and deliberate decision to release my feelings of resentment, grudges, bitterness or vengeance towards those whom l felt offended me in any way in the past and I now feel relieved with my consciousness having been restored.
I have realised that if I continue to hold on to hurt, pain, bitterness, resentment and anger, it harms me more than it harms those whom I feel offended me. I therefore decided to forgive those who offended me as this effectively brings healing and comfort to many of us as such a decision prevents and saves us from corrosive anger and negative emotions that may have a negative effect of polluting and defining us in the present and future.
I have learnt from my past and realised that any man who desires to revenge by killing another person should dig two graves as he will also die from his green wounds of bitterness and a stressful life. I therefore choose to live in the present where solutions will arise as I take lessons from my past experiences and commit to work and live in harmony with all progressive and peace loving Zimbabweans.
Once again, I am sorry Zimbabwe and continue to beg for your pardon though l may not deserve it.
I know this might be a difficult proposition but I believe Zimbabwe stands to benefit more should we give chance and room to forgiveness, harmony, mutual tolerance, true love and mutual respect for each other.
I thank you.
Signed : Godfrey Tsenengamu
Post published in: Featured
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A SCOTUS Justice And A Secretary Of State Still Weren’t Important Enough For This Firm
(Image via Getty)
Supreme Court Justice Samuel Blatchford and Secretary of State William Seward ran the venerable firm of Blatchford, Seward & Griswold, but the firm made a hire in 1899 that would ultimately push their names off the door. Which attorney’s name now adorns the firm?
Hint: This lawyer’s name was first added to the firm in 1901 and then worked his way up the letterhead.
See the answer on the next page.
Questions About Law in The Time of Coronavirus? Join Us March 27 For Answers.

For over seventeen years, MyShingle has been here for solo and small firm lawyers as a silent partner behind your practice. We’ve cheered solo and small law firms during times of triumph and allayed your fears and encouraged you to find the courage to take risks or simply start.
And now, in unprecedented times of uncertainty, MyShingle has your back. At 4 PM ET FRIDAY MARCH 27, MyShingle is sponsoring a live webinar on Law in the Time of Corona Virus. There’s no set topic like going remote or finding a niche – just general encouragement on getting through unbearable uncertainty and stress from someone who’s been there — me. After that, the floor is yours. In advance of the webinar, please send a question on any topic that’s on your mind by Thursday March 26, 2020 and we’ll go through them during the call.
To register, fill out this form here – and you’ll receive the information about the webinar. Hope to see you there.
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David Lat, I’m Waiting For Your Autograph
In eight days, it will be my sixth anniversary writing for Above The Law. But as most of you may know, David Lat announced that he tested positive for COVID-19 and was recently admitted into the ICU. So today, I want to write a reflective column on how David and I got to know each other over the past six years.
In the beginning of 2014, Above The Law published a casting call for new bloggers. I don’t remember much at that time other than generally feeling lost and uncertain that I wouldn’t know what I could contribute. I thought I could write about small firms, but I couldn’t in good conscience give advice on a very popular blog considering my practice was barely breaking even at the time even with a shoestring budget. And at the time, I was frustrated with solo practice and wanted to get a job instead. I needed an outlet for my frustrations and why not do it on the most popular legal blog in the country?
So on March 16, 2014, I sent David an email proposing a column about my job search and the dark side of solo practice that no one wants to talk about. I assumed that many prominent people would salivate at the opportunity to write for Above The Law so I didn’t have high hopes for a response. But a few days later, David got back to me and said that it would make an interesting column. After signing some paperwork and familiarizing myself with the blogging platform, Shannon Achimalbe was born.
I remember for the first few months, David would give me positive feedback (with the exception of one) on every column I wrote. I was very appreciative for his personal attention, although I sometimes wondered whether he was making sure I didn’t make a major blooper.
That fall, David said he would send me a copy of his novel Supreme Ambitions as a birthday present. I was delighted and hoped I would get an autographed copy in case he becomes the next John Grisham. But that didn’t happen since it came directly from one of Amazon’s warehouses. That’s fine. I figured I would get his autograph when we meet in person one day.
Since we lived in different parts of the country, David and I have met only a few times. We met at least twice in 2015 when he was in Los Angeles promoting his book. I remember one of those times. He and Alex Kozinski (a judge at the time) hosted a CLE event at the Ninth Circuit Courthouse in Pasadena. Our group got an opportunity to see some of the nonpublic portions of the court, including some of the judges’ chambers. One night, a group of us went out to dinner and a bar where the major topics of discussion were federal clerkships and Biglaw. Most of that discussion made me think about puppies, but I do remember an excited David mentioning that he spoke with some Hollywood executives about the possibility of turning Supreme Ambitions into a movie.
The last time we met was in December 2017 when I was in New York for the ATL holiday party. There, I also got a chance to catch up with Elie, Staci, Joe, and Kathryn. Unfortunately, I forgot to bring the book with me. When I returned home, 60 degree weather felt unusually warm for the next few weeks.
We didn’t talk much since then since his son was born, and I was busy doing other things.
About a year ago David announced that he would be leaving Above The Law to be a managing director at Lateral Link. At that point, while we will still stayed in touch online, I figured we would not meet again for a very long time. So I put my copy of Supreme Ambitions away in my closet library, somewhere between one of Martin Ginsburg’s M&A tax treatises and a the latest Nintendo Switch Strategy Guide.
When David first announced that he was diagnosed with the coronavirus, I was shocked to see a photo of him in a hospital, but I didn’t think much of it. He didn’t meet most of the risk factors that could result in complications. He was young, healthy, and happy. I figured he would be discharged in a few days and would blog about his fever and the 2021 Supreme Court Clerkship Draft while quarantining himself in his bedroom.
So when I heard that David was admitted to the ICU and placed on a ventilator, like many others, I anxiously waited for updates on his condition. While I am confident that he will eventually recover, due to the unknowns surrounding COVID-19, I fear that his recovery could be a slow process.
From that moment, I understand that the government-imposed travel bans and stay-at-home restrictions, while draconian, are necessary. Some people I know think we are overreacting, but I think they will change their tune once someone they care about tests positive for the virus.
The coronavirus made us rethink what’s important. A few months ago, people were lining up for the newest iPhone. Now, people are lining up for food and toilet paper. Sometimes, it takes moments like these to fully appreciate the positive impact certain people have made in our lives. The people who open doors for you that you didn’t think were there or that you couldn’t open yourself. The people who give you a chance when no one else would. We’re so busy running the rat race that we forget about them. Don’t do that. Thank them. Honor them. And be there for them during their time of need.
David, thanks for giving me a shot. My columns didn’t make me famous or get me a blue check mark next to my name. They didn’t result in a job, high-paying clients, awards, or a Netflix special. But over the years, people have told me that my columns helped them avoid mistakes in their practices. Some helped college graduates choose the right law school. Some reduced their tax bill or their monthly IBR student loan payments. And some just put a smile on people’s faces after a bad day. That makes everything worth it, and I’m grateful.
Get well soon, my friend. Because I am still waiting for your autograph.
Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at sachimalbe@excite.com. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.
DOJ Nixed Walmart Pill Mill Prosecution Because ‘We Are All Capitalists Here’
What would American corporations do without Jones Day to put in a good word with the higher ups at the Justice Department? It would be pandemonium if those pesky U.S. Attorneys were allowed to just prosecute every Fortune 500 company that broke the law, right? Thank goodness we have such a well-connected firm to perform the valuable public service of protecting shareholder bottom lines. Why, it’s almost like pro bono work!
Take a break from your COVID-19 panic attack to read ProPublica’s wild piece on the Eastern District of Texas’s two-year-long effort to hold Walmart accountable for dispensing millions of opioids, despite clear evidence that they were being illegally prescribed and likely diverted for resale. It features an especially unflattering cameo by former Deputy Attorney General Rod Rosenstein, who, when advised that a civil fine would be meaningless to a company like Walmart with unlimited cash, quipped, “Not that there’s anything wrong with that, we are all capitalists here.”
LOL.
Then he told them to lay off corporate, and see if they could indict some poor schlub in middle management. But when the Texas USAs tried to prosecute a “mid-level Walmart manager,” political appointees at Main Justice blocked that, too,
“You have a whopper of a civil case,” said former Kirkland and Ellis partner Brian Benczkowski, who has never actually tried a case in court, but is somehow the head of the DOJ’s Criminal Division. But after Jones Day’s intercession, the civil case was eighty-sixed, as well. It’s good to have friends in high places!
The case started back December 2016, when the DEA raided a Walmart in McKinney, Texas pursuant to an investigation of two pain management doctors, Howard Diamond and Randall Wade, for drug trafficking.
Walmart pharmacists had been sounding the alarm about Diamond for more than a year.
“We are all concerned about our jobs and about filling for a pill mill doctor. I’m in my 29th year with Walmart and have never had a situation this bad with a doctor,” one pharmacist wrote to corporate in Febraury, 2015. “Other chains are refusing to fill for him which makes our burden even greater. Please help us.”
That same month, another wrote, “Doctor Diamond is a problem and a liability on us… Filling for him is a risk that keeps me up at night. This is a serious situation.”
Indeed, Kroger, CVS, Walgreens, Target, and RiteAid had all blocked his patients from filling prescriptions at their stores. But Walmart continued to insist that there could be no blanket ban on individual prescribers, and pharmacists had to take twenty minutes to fill out a form rejecting individual prescriptions on a case by case basis. So Walmart didn’t ban Wade until November 2016, a month after he was indicted, and held off on banning Diamond until March of 2017. By then, Walmart had dispensed 2.2 million doses of controlled substances, averaging 21 prescriptions per day for the two doctors together, between 2011 and 2016.
All of which took place under the pendency of a secret Memorandum of Agreement, with the DEA, reached after a Walmart in California “dispensed controlled substances to individuals that [the pharmacy] knew or should have known were diverting the controlled substances.”
In the spring of 2018, the Eastern District of Texas informed Walmart that it intended to bring a criminal action, and Jones Day swung into action. It was ugly from the jump.
According to two people familiar with the prosecution, [AUSA Heather] Rattan told the Walmart side that the company should feel embarrassed by its conduct. Walmart would portray it differently, claiming that Rattan said her goal was “to embarrass Walmart” with a criminal indictment. (Walmart’s account is captured in a letter of complaint [Jones Day partner Karen] Hewitt sent the next month to Deputy Attorney General Rod Rosenstein.)
Walmart’s attorneys accused the DOJ of using the threat of criminal prosecution to extort a huge civil fine. And Jones Day wasn’t above working the refs, either, sending a letter to Benczkowski in August complaining that prosecuting Walmart, a company which took in $514 billion in 2019, was somehow an attack on the poor and elderly.
The letter argued that a conviction could harm “millions of low-income and elderly citizens” who rely on federal programs for food and medicine. A convicted corporation might not be permitted to participate in those programs any longer. She outlined what she said were Walmart’s “remedial” measures to become “an industry leader in the Nation’s fight against the opioid crisis.”
Soon after, an official in the deputy attorney general’s office called Brown and told him to halt the Texas office’s criminal investigation, according to five people familiar with the investigation.
The company made similar work of the civil claims. Three guesses which company’s name is behind that black redaction bar in this excerpt from the resignation letter of EDTX’s civil division head Josh Russ.
The whole article is bonkers, and if you need to spend 20 minutes not thinking about coronavirus — and you know you do! — you should read it.
Walmart Was Almost Charged Criminally Over Opioids. Trump Appointees Killed the Indictment. [ProPublica]
Elizabeth Dye lives in Baltimore where she writes about law and politics.