Morning Docket: 12.31.24 – Above the Law

(Photo
by
Kevin
Winter/Getty
Images)

*
Brad
Pitt
and
Angelina
Jolie
are
now
divorced…
8
years
after
the
fact.
[CNN]

*
Trump’s
TikTok
brief
is…
flimsy.
[One
First
]

*
Pressure
mounts
to
regulate
insurance
companies
using
AI
algorithms
to
deny
claims.
[Bloomberg
Law
News
]

*
Justice
Breyer
to
start
hearing
appellate
cases
again.
[Reuters]

*
Full
ethics
inquiry
required
to
decide
that
a
state
judge
can
accept
a
$250
gift
card
from
a
non-profit
if
it
is
a
retirement
gift.
Clarence
Thomas
giggles.
[New
York
Law
Journal
]

‘The Damage Has Already Been Done’: Top Firms May Struggle To Recover From Special Bonus Snubs – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


When
you
consider
the
amount
of
money
saved
versus
the
amount
of
bad
press
you
get
and
the
general
low
morale
of
the
workforce
that
you
depend
on,
it
becomes
a
very
difficult
situation.
And
I’m
not
surprised
each
time
this
happens
that
firms
then
go
back
and
reconsider,
and
then
come
back
and
present
the
matching
bonus.


The
problem
is
the
damage
has
already
been
done,
and
maybe
associates
have
a
short
memory
span,
maybe
they
don’t,
but
it’s
always
hard
to
be
the
firm
that
doesn’t
match
and
get
singled
out,
and
the
market
can
be
a
very
cruel
place.




Jeffrey
Lowe,
a
Washington,
D.C.-based
recruiter
with
CenterPeak,
in
comments
given
to
the

American
Lawyer
,
on
the
change
of
heart
that
took
place
among
leaders
at

Perkins
Coie

and

Hogan
Lovells

with
respect
to
special
bonuses.
Both
firms
originally
declined
to
offer
associates
special
bonuses,
but

finally
caved

after
facing
backlash.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


Morning Docket: 12.31.24 – Above the Law

(Photo
by
Kevin
Winter/Getty
Images)

*
Brad
Pitt
and
Angelina
Jolie
are
now
divorced…
8
years
after
the
fact.
[CNN]

*
Trump’s
TikTok
brief
is…
flimsy.
[One
First
]

*
Pressure
mounts
to
regulate
insurance
companies
using
AI
algorithms
to
deny
claims.
[Bloomberg
Law
News
]

*
Justice
Breyer
to
start
hearing
appellate
cases
again.
[Reuters]

*
Full
ethics
inquiry
required
to
decide
that
a
state
judge
can
accept
a
$250
gift
card
from
a
non-profit
if
it
is
a
retirement
gift.
Clarence
Thomas
giggles.
[New
York
Law
Journal
]

Baker Botts Baked Bogus Baseline In Bonus Announcement – Above the Law

Bit
of
bonus
announcement
irony:
when
we
used
Baker
Botts
as
an
example
of
the

type
of
bonus
standard
that
Arnold
&
Porter
should
have
lived
up
to
,
the
comparison
was
a
little
too
apples
to
apples.
As
it
turns
out,
Baker
Botts

also

pulled
an
hours
threshold
bait
and
switch

that
can
happen
when
you
make
the
fatal
mistake
of
taking
people
at
their
word!
As
it
turns
out,
the
firm’s
wording
on
the
conditions
for
the
special
bonus
was
vague.
As
one
tipster
put
it:

Individualized
bonus
memos
came
out
last
week
and
most
people
found
in
that
memo
out
they
weren’t
getting
the
special
bonus.
Turns
out
the
requirement
for
the
special
bonus
is
2000
CLIENT
billable
hours,
rather
than
the
regular
2000
bonus-eligible
target
which
includes
1800
client
billable
and
200
pro
bono,
biz
dev,
etc.
hours. 
The
best
part:
we
found
out
about
this
new
requirement
AFTER
the
billable
year
ended.


Another
posted
to
Reddit
this
morning

even
more
irate:

Screenshot 2024-12-31 at 12.40.01 PM

Consistent
readers
will
know
that
it’s
even
worse
than
the
billable
bait
and
switch
HoLove
pulled

before
the
bad
PR
got
them
to
make
right
by
their
associates
.
HoLove
at

least

gave
their
associates
more
than
a
week
to
skip
sleep
and
work
if
they
were
near
the
bonus
threshold.
Announcing
the
bonus
thresholds
after
there’s
nothing
associates
can
do
to
get
in
good
standing
is
especially
cruel.

Way
to
ruin
the
holidays!


Earlier: 
Biglaw
Firm
Bakes
Blessings
In
For
Bigger
Bonuses


Biglaw
Firm
Celebrates
Holidays
By
‘Encouraging’
Associates
To
Burn
The
Midnight
Oil



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


The Murderer Of UnitedHealthcare’s CEO Must Be Held Accountable Even If The Public Is Upset At The Industry’s Shortfalls – Above the Law

(Photo
by
Spencer
Platt/Getty
Images)

One
of
the
biggest
real
life
legal
dramas
of
the
year
came
at
the
end
of
2024.
Specifically,
the
murder
of
Brian
Thompson,
CEO
of
UnitedHealthcare.
The
news
triggered
public
complaints
about
the
company
and
the
healthcare
system
in
general.
People
complained
about
claims
and
procedures
being
denied,
the
rising
cost
of
insurance
premiums,
excessive
executive
compensation,
and
medical
debt
that
wiped
out
savings
and
even
led
to
bankruptcy.

A
suspect,
26-year-old
Luigi
Mangione,
has
been
caught
and
has
been
charged
with
murder
and
various
other
crimes
in
both
state
and
federal
courts.
He
has
been
living
with
back
pain
even
after
undergoing
surgery.
His
motive
could
be
his
personal
frustration
with
his
health
insurance
company.
But
he
may
have
done
it
in
the
hopes
that
it
will
bring
changes.

Some
consider
him
a
hero
for
doing
what
they
couldn’t
do.
On
the
internet,
there
are
alibi
memes,
people
on
social
media
declaring
“I
condemn
murder

but
….”
and
then
explaining
or
justifying
his
action.
There
is
even
art
and
merchandise
depicting
Mangione,
although
someone
has
been

aggressively
using
DMCA

to
take
them
down.

Because
of
Mangione’s
sudden
popularity,
some
have
speculated
that
even
if
the
evidence
points
to
his
guilt
beyond
a
reasonable
doubt,
a
sympathetic
jury
could
still
let
him
walk.
This
is
known
as
jury
nullification.

When
this
case
goes
to
trial,
both
sides
will
probably
talk
about
United
Healthcare’s
business
practices
and
possibly
the
health
insurance
business
in
general,
which
can
get
very
complicated.

While
insurance
executives
and
medical
directors
probably
do
not
maliciously
deny
claims
and
let
people
die
solely
for
profit,
they
have
a
finite
amount
of
money
and
so
they
cannot
give
everyone
what
they
want.
This
means
they
must
make

“trolley
problem”

decisions
on
a
massive
scale.

The
health
care
industry
is
not
perfect
and
unfortunately
many
people
will
not
get
the
care
they
think
is
best.
But
does
this
broad
problem
justify
one
person
killing
someone
else?
It
is
possible
that
he
could
have
instigated
change
through
nonlethal
means.

Whatever
the
prosecutor’s
strategy
is,
they
will
have
to
minimize
the
chances
of
jury
nullification
or
a
hung
jury.
While
people
are
understandably
upset
at
health
insurance
companies
like
UnitedHealthcare
for
various
reasons,
letting
a
killer
walk
because
they
hate
the
system
probably
won’t
bring
the
change
they
want.

Instead,
it
may
make
things
worse.
Good
people
with
solid
business
ethics
are
less
likely
to
take
health
insurance
executive
positions.
Those
who
do
will
want
exponentially
higher
pay
to
live
in
gated
communities
in
addition
to
full-time
security.
If
one
company
gives
these
perks,
other
insurance
companies
will
take
the
same
steps
to
protect
their
executives.
Where
will
that
money
come
from
to
cover
those
costs?
Higher
insurance
premiums.

Finally,
if
the
killer
did
what
he
did
as
a
form
of
protest,
then
he
must
be
willing
to
accept
the
consequences
of
his
actions.

Brian
Thompson’s
tragic
murder
was
committed
by
someone
with
severe
personal
issues.
But
some
people
see
it
as
the
only
way
to
effect
real
change
to
a
business
model
that
cares
more
about
profits
at
the
expense
of
its
customers.
But
now,
there
isn’t
a
perfect
model
of
health
care
for
the
masses.
If
there
was,
then
every
country
would
follow
it.
Until
that
perfect
model
is
found,
insurance
companies
should
be
more
responsive
to
their
customers’
grievances.
And
those
who
kill
should
be
held
accountable.




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





[email protected]
.
Or
you
can
connect
with
him
on
Twitter
(
@stevenchung)
and
connect
with
him
on 
LinkedIn.

Morning Docket: 12.31.24 – Above the Law

(Photo
by
Kevin
Winter/Getty
Images)

*
Brad
Pitt
and
Angelina
Jolie
are
now
divorced…
8
years
after
the
fact.
[CNN]

*
Trump’s
TikTok
brief
is…
flimsy.
[One
First
]

*
Pressure
mounts
to
regulate
insurance
companies
using
AI
algorithms
to
deny
claims.
[Bloomberg
Law
News
]

*
Justice
Breyer
to
start
hearing
appellate
cases
again.
[Reuters]

*
Full
ethics
inquiry
required
to
decide
that
a
state
judge
can
accept
a
$250
gift
card
from
a
non-profit
if
it
is
a
retirement
gift.
Clarence
Thomas
giggles.
[New
York
Law
Journal
]

Morning Docket: 12.31.24 – Above the Law

(Photo
by
Kevin
Winter/Getty
Images)

*
Brad
Pitt
and
Angelina
Jolie
are
now
divorced…
8
years
after
the
fact.
[CNN]

*
Trump’s
TikTok
brief
is…
flimsy.
[One
First
]

*
Pressure
mounts
to
regulate
insurance
companies
using
AI
algorithms
to
deny
claims.
[Bloomberg
Law
News
]

*
Justice
Breyer
to
start
hearing
appellate
cases
again.
[Reuters]

*
Full
ethics
inquiry
required
to
decide
that
a
state
judge
can
accept
a
$250
gift
card
from
a
non-profit
if
it
is
a
retirement
gift.
Clarence
Thomas
giggles.
[New
York
Law
Journal
]

Above The Law’s 2024 Lawyer Of The Year Contest: The Finalists! – Above the Law

The
last
year
was,
for
better
or
worse,
a
big
year
in
legal
news.
So
it
should
come
as
no
surprise
to
see
big
names
dominating
our
list
of
finalists
for
2024
Lawyer
of
the
Year.
Thanks
to
everyone
who
responded
to
our
request
for
nominations
for
2024
Lawyer
of
the
Year.
We
narrowed
the
many
excellent
nominees
to
a
slate
of
seven
(yes,
that’s
how
eventful
this
year
was)
lawyers

distinguished,
despicable,
or
debatable,
depending
on
your
point
of
view.

Here
are
the
nominees,
in
alphabetical
order,
with
a
brief
blurb
about
each:



ChatGPT
:
Okay,
fine,
we
know
ChatGPT
isn’t
a
lawyer…
but
so
many
actual
lawyers
are
still
treating
the

AI
chatbot
like
co-counsel

that
we
had
to
include
it
in
this
year’s
competition.
From
fake
cases
to
very

real
sanctions
threats
,
ChatGPT
proved
to
be
a
useful
tool
that
made
some
lawyers
look
like
not-so
useful
tools.



Matt
Gaetz
:
Life
moves
pretty
fast
when
you’ve
been
accused
of
sexual
misconduct
and
an
ethics
investigation
report
is
hanging
over
your
head.
From

would-be
US
Attorney
General

to

far-right
talk
show
host
,
Gaetz
had
quite
the
year.
When
one
of
the
first
reactions
to
your
nomination
for
a
cabinet
position
is

“Are
you
shittin’
me?”,

that’s
when
you
know
you’ve
made
it
bigly.



Rudy
Giuliani
:
America’s
mayor
has
fallen
from
such
great
heights
that
it’s
not
just
disappointing,
but
sad.
The
past
year
has
been
especially
unkind
to
Rudy’s
legal
career,
with

two
disbarments

now
under
his
belt.
From

courting
contempt

to
trying
to

dodge
defamation
collections

in
bankruptcy
court,
Giuliani
is
a
walking
legal
ethics
quandary.


Ryan
Protter
:
There’s
nothing
we
love
more
than
a
joke
nomination,
and
this
New
Jersey
lawyer’s
self-nomination
made
us
chuckle.
Has
he
done
anything
notable?
“No.
Not
at
all.”
Why
did
he
nominate
himself
for
this
honor?
“Because
my
wife
(Geena)
and
small
dog
(Elle)
tell
me
I
have
a
winning
personality
and
a
good
sense
of
humor.
And
I
am
extraordinarily
modest.”
Is
he
completely
unqualified
for
this
award
(his
words,
not
ours)?
“Yes.
But
it’s
2024.
Far
less
qualified
people
have
won
far
more
important
elections
this
year.”



Aliza
Shatzman
:
The
founder
and
president
of
the

Legal
Accountability
Project

achieved
a
great
deal
of
progress
for
federal
law
clerks
this
year
after
launching
the

Centralized
Clerkships
Database
,
essentially
a
“Glassdoor
for
Judges,”
a
tool
that
will
empower
clerkship
applicants
with
much-needed
transparency
and
inside
information
from
former
clerks
about
judicial
work
environments.
Click

here

to
read
some
of
her
excellent
ATL
columns.



Jack
Smith
:
The
special
counsel
appointed
to
oversee
the
federal
election
subversion
and
mishandling
of
classified
documents
cases
against
Donald
Trump
tried
his
damndest,
but
thanks
to

countless
delays
,
an

absurd
dismissal

(plus

an
appeal
),
and
a

SCOTUS
immunity
decision
gone
wild
,
he
was
foiled
at
every
turn.
Now,
because
the
DOJ
won’t
prosecute
sitting
presidents,
he
asked
for
the

cases
to
be
dismissed
,
writing,
“This
outcome
is
not
based
on
the
merits
or
strength
of
the
case
against
the
defendant.”



Brian
Steel
:
This
lawyer
defined
zealous
advocacy
when
he
earned
himself
a
contempt
sentence
and
asked
to

serve
the
time
alongside
his
client
,
Young
Thug,
so
that
they
could
work
on
the
case
together.
Not
only
did
Steel
get
manage
to
get
the

original
judge
on
the
RICO
case
removed

after
learning
about
a
secret
meeting
he
attended
with
prosecutors
and
a
witness,
but
he
managed
to
get
an

unexpected
plea
deal

sorted
out.
Now,
he’s

modeling
his
client’s
clothing

line.

And
now,
the
moment
you’ve
all
been
waiting
for:
Who
should
be
named
Above
the
Law’s
Lawyer
of
the
Year
for
2024?
Cast
your
vote
below.
Polls
are
open
until

TUESDAY,
DECEMBER
31,
2024
at
11:30
p.m.
(EST)
.



CLICK
HERE
TO
VOTE
.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Florida Man Stiffs Athletes With Fake NIL Promises According To Player Suit – Above the Law

Florida
State
Seminoles
men’s
basketball
coach
Leonard
Hamilton
is
0-2
in
conference
play
and
0-1
in
“not
getting
sued
over
$1.5
million
in
alleged
fraud.”
In
a
lawsuit
filed
yesterday,
six
former
FSU
players
allege
that
they
were
promised
$250,000
each
in
“name,
image,
and
likeness”
money
for
their
services.
According
to
the
complaint,
that
money
never
showed
up,
though
Hamilton
kept
promising
it
would.

The
name
of
a
Native
American
tribe
and
“legacy
of
broken
promises”
in
the
same
breath?
Who’d
have
thought?

While
purists
pine
for
the
old
days
of
trapping
student-athletes
in
four
years
of
servitude
in
exchange
for
a
scholarship
while
the
school
marketed
the
team
for
millions,
the
new
“NIL”
landscape
aims
to
curtail
some
of
this
exploitation
by
authorizing
payments
to
players
for
the
use
of
their
“name,
image,
and
likeness.”
It’s
not
a
real
measure
of
the
value
students
bring
to
the
school,
but
it
curbs
wildest
excesses.

It’s
also
a
tool
for
recruiting,
with
teams
building
promised
packages
to
lure
high
school
and
transfer
students
to
get
the
best
deal.
That’s
where
this
lawsuit
began:

The
Plaintiffs
in
this
matter,
who
were
on
the
FSU
men’s
basketball
roster
during
the
2023-24
season,
were
all
made
the
same
promise
by
Hamilton.
If
they
committed
to
and
remained
enrolled
at
FSU,
performing
for
the
men’s
basketball
team,
then
they
would
each
receive
$250,000.00.
Hamilton
promised
this
sum
of
money
directly
and
reinforced
it
many
times
over
to
the
Plaintiffs
and
their
family
members.

According
to
the
complaint,
once
the
players
realized
that
they
weren’t
going
to
get
paid,
they
decided
to
boycott
practice
before
the
Duke
game
and
potentially
sit
out
the
game
entirely.

Hamilton
panicked.
In
a
team
meeting
where
all
scholarship
players
were
present,
Hamilton
reiterated
that
each
player
would
be
paid
$250,000.00
and
that
it
would
hit
their
accounts
the
following
week.
Hamilton
stated
that
he
understood
why
the
players
were
frustrated
and
committed
to
fully
paying
each
player
$250,000.00
before
the
conclusion
of
the
2023-24
men’s
basketball
season.

What’s
the
line
from
Popeye?
“I
will
gladly
pay
you
Tuesday
for
another
40
minutes
of
basketball
today”?
The
players
relented
and
played
the
game.
The
money,
they
say,
never
arrived.

Worse,
the
players
claim
that
the
executive
in
charge
of
the
school’s
official
NIL
collective
knew
about
this
promise
being
made
outside
of
his
direct
control:

Every
player
on
FSU’s
2023-24
men’s
basketball
team
relied
on
Hamilton’s
constant
and
repeated
promises
to
their
detriment.
Will
Cowan,
an
executive
of
FSU’s
NIL
collective
“Rising
Spear”
has
actual
knowledge
of
Hamilton’s
promises
to
make
the
$250,000.00
per
player
payment,
with
the
money
purportedly
coming
from
Hamilton’s
“business
partners,”
and
wrote
to
Jalen
Warley,
after
he
expressed
his
intention
to
enter
the
transfer
portal,
“I
promise
you
if
the
money
comes
in
from
that
business,
I
will
pay
every
player
on
the
team
no
matter
where
the
transfer
is.”

The
complaint
asserts
breach
of
contract,
promissory
estoppel,
fraudulent
inducement,
and
negligent
misrepresentations
claims
against
the
coach.

NIL
rights
have,
in
general,
improved
the
college
sports
landscape,
but
the
lack
of
consistent
rules
and
the
opportunity
for
shenanigans
have
given
rise
to
stories
like
this
one.
The
complaint
notes
cases
at
UNLV,
Tulsa,
and
the
University
of
Florida

it
was
always
going
to
keep
coming
back
to
Florida

where
athletes
allege
NIL
agreement
breaches.

So
this
won’t
be
the
last
time
we
hear
allegations
like
these.


[Disclosure:
The
players
are
represented
by
Darren
Heitner,
who
has
in
the
past
written
columns
for
Above
the
Law.
He
has
not
communicated
with
us
at
all
regarding
this
case.]


Florida
State
Basketballers
Sue
Coach
Over
Unpaid
NIL
Cash

[Bloomberg
Law
News]

How To Build Your Law Firm’s Online Profile – Above the Law


“Web
presence”
is
something
of
a
loaded
term,
and
it
can
mean
a
lot
of
different
things
to
a
lot
of
different
people. 


But
one
thing’s
for
sure:
no
matter
your
final
approach,
as
an
entrepreneurial
lawyer,
you
need
to
be
thinking
about
how
consumers
and
referral
sources
access
and
perceive
your
online
profile. 


So
what
does
a
viable
strategy
for
a
small
law
firm
look
like?


We
brought



Melissa
Levine-Piro
,
founder
of



Hera
Law
Group
,
onto
the
Non-Eventcast
podcast,
to
find
out.


The
conversation
starts
with
Melissa
discussing
what
it
was
like
to
start
a
firm,
as
a
nearly
brand-new
attorney,
while
working
alongside
her
husband

also
a
lawyer
(7:30,
9:50). 


Melissa
then
discussed
how
she
moved
into
a
management
role
within
the
business
(13:40)
with
the
addition
of
a
supervising
attorney
to
her
firm
(17:30)

which
allowed
her
the
time
to
rebrand
her
law
firm
with
a
trade
name
(15:05). 


Next,
Melissa
covered
how
the
firm
focuses
on
social
media
platforms
to
market
online
(24:30,
21:40)

including
TikTok
(19:20). 


Melissa
also
discussed
how
she
deploys
community
marketing
efforts
to
supplement
her
firm’s
web
presence
(28:10,
30:00). 


Melissa
was
also
brave
enough
to
step
into
the
breach,
and
addressed
how
the
firm
markets
effectively
while
coloring
within
the
lines
of
lawyer
ethics
rules
(37:45). 


Melissa
ended
up
by
talking
over
how
her
law
firm
uses
software
and
hardware
to
support
the
lawyers’
marketing
and
productivity
efforts
(41:00,
35:00).


If
your
web
presence
is
sort
of
.
.
.
absent

get
yourself
together
by
listening
to
this
episode
of
the
Non-Eventcast
podcast.






Jared
Correia
,
a
consultant
and
legal
technology
expert,
is
the
host
of
the
Non-Eventcast,
the
featured
podcast
of
the
Above
the
Law
Non-Event
for
Tech-Perplexed
Lawyers.