Law Firm Tech Adoption More Important Than Ever When It Comes To AI – Above the Law

The
biggest
roadblock
to
legal
tech
adoption
often
rests
between
the
lawyer’s
keyboard
and
the
chair.
It’s
not
that
firms
aren’t
out
there
buying
technology

either
with
the
help
of
IT
professionals
or
well-informed
consultants

but
after
the
money
gets
spent,
there’s
still
a
battle
ahead
to
get
lawyers
to
actually
use
this
stuff.
In
a
notoriously
tech-skeptic
profession,
the
challenge
is
almost
always
about
adoption.

Which
presents
an
all
new
problem
when
it
comes
to
generative
AI.
Because
unlike
a
new
accounting
tool,
merely
building
a
worthwhile
AI
product
depends
upon
adoption.


The
release
of
Clio
Duo


the
company’s
foray
into
generative
AI

dominated
the
Clio
Cloud
Conference
this
week.
For
now,
the
offering
is
focused
on

Clio’s

core
product
Clio
Manage,
with
plans
to
spread
its
capabilities
into
the
rest
of
Clio’s
products
going
forward.

But
I
saw
Clio
Duo
a
year
ago
and

found
it
a
solid
product
even
then
.
So
what
took
so
long
to
get
to
wide
release?
Obviously,
it’s
mostly
about
beta
testing
and
perfecting
the
product
at
the
margins,
but
one
thing
I
hadn’t
considered
before
this
week
is
that
AI
flips
the
product
development
path
on
its
head,
making
the
profession’s
adoption
problem
an
even
more
pernicious
hurdle.

“The
build
cycle
for
AI
to
be
useful
is
completely
different
than
the
feature
cycle
of
the
past,”
said
Jonathan
Watson,
Clio’s
Chief
Technology
Officer.
“Because
you
actually
need
to
release
things,
and
people
need
to
legitimately
use
it,
not
just
give
you
their
opinions
on
it.
So
you
can
fuel
the
self-referential
learning
that
needs
to
happen
to
improve
the
quality
of
the
overall
product.”

Past
products
need
a
handful
of
dedicated
testers
to
pass
along
their
notes
and
observations
and
engineers
to
methodically
add
improvements
until
everyone
is
ready
to
go
gold.
But
generative
AI
doesn’t
work
like
that.
Even
old
machine
learning
didn’t
work
that
way!
With
the
non-generative
AI
tools
of
the
past,
a
developer
could
jam
it
full
of
a
bunch
of
data,
check
the
outcomes,
and
keep
training
until
the
outcomes
were
consistently
right
and
call
it
a
day.

But
generative
AI
products
improve
by
getting
fed

data,
context,
and
a
hefty
dose
of
real-world
applications.

There’s
a

unique,
symbiotic
relationship
between
lawyers
and
AI.
T
hat’s
where
the
legal
profession’s
historical
resistance
to
new
technology
becomes
a
problem
because
getting
this
stuff
right
can’t
rely
on
a
couple
of
true
believers,
there
needs
to
be
a
critical
mass
of
adoption

at
the
beta
stage
.


Watson
said,
“We
need
you
to
use
this
thing
and
it’s
going
to
get
better
every
day
over
the
next
like


month
because
we’re
refining
and
tuning
based
on
information
that
we’re
getting
back.


And
if
you
don’t
do
that,
it’s
going
to
take
us
a
lot
longer
to
work
our
way
through
it.


And
I
believe
every
AI
product
is
suffering
or
struggling
with
that
in
many,
many
different
ways.”
Imagine
that…
a
situation
where
lawyers
getting
involved
actually
makes
the
world
better.


In
the
past,
firms
could
afford
a
little
tech
conservatism.
But
if
AI
is
really
the
future
of
legal
work,
lawyers
can’t
wait
until
it’s
“perfected,”
they
need
to
dirty
their
hands
with
the
technology
to
advance
the
ball.

The
Clio

2024
Legal
Trends
Report
 showed
that
a
plurality
of
clients
want
lawyers
on
AI
and
roughly
70
percent
either
want
firms
using
AI
or
have
no
preference.
Unless
that
support
collapses,
lawyers
need
to
invest
in
the
tech
and
that
will
mean
crossing
the
adoption
threshold
sooner
than
later.

The
good
news
is
that
lawyers
seem
more
willing
to
engage
with
AI
than
they
have
with
previous
tech
advancements.
We’ve
already
seen

generative
AI
drive
more
lawyer
enthusiasm
than
past
products

and
the
Legal
Trends
Report
reflects
faster
adoption
than
normal.

Screenshot 2024-10-10 at 12.09.07 PM

Which
did
carry
over
to
the
Clio
Duo
development
process.
As
Watson
said,
“we
feel
so
good
where
it
is
now,
because
we’ve
narrowed
down
on
the
problems,
we
know
they’re
meaningful,
we
have
feedback
that
tells
us,
‘yes,
I
use
this,
and
it
saves
me
time,
and
I
miss
it
if
it’s
gone.’
And
all
of
these
really
great
signals
that
tell
you
you’ve
hit
that
level.”

Clio
has
the
luxury
of
serving
a
relatively
tech-savvy
slice
of
the
legal
community.
But
the
testing
adoption
issue
might
prove
more
problematic
for
other
sectors.
In
any
event,
if
lawyers
really
believe
in
the
potential
for
generative
AI
to
improve
their
workflow,
they
can’t
afford
to
wait
until
some
magic
product
drops
from
the
heavens.
Get
in
on
the
development
process
now.




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 or

Bluesky

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
.

Translating Between Contracts And Code: Bridging The Gap Between Legal And Tech – Above the Law

In
today’s
fast-paced,
tech-driven
world,
the
intersection
of
law
and
technology
is
more
relevant
than
ever.
As
legal
professionals,
we
often
find
ourselves
collaborating
with
developers
and
tech
teams
to
build
innovative
products
while
ensuring
compliance
and
minimizing
risks.
In
a
recent
conversation
I
had
with
Laura
Jeffords
Greenberg,
senior
director
of
legal
at
Worksome,
we
delved
into
the
unique
challenges
and
opportunities
that
arise
when
lawyers
and
developers
work
together.
Laura
shared
her
journey
from
a
sports
lawyer
to
a
tech-savvy
legal
expert,
offering
invaluable
insights
into
how
lawyers
can
effectively
navigate
this
evolving
landscape.

Here
are
some
key
takeaways
from
our
discussion
that
highlight
strategies
for
fostering
better
collaboration
between
legal
and
tech
teams.

1.

Building
Relationships
With
Developers:
The
Foundation
For
Effective
Collaboration

Laura
emphasizes
the
importance
of
building
strong
relationships
with
developers
as
a
cornerstone
for
successful
collaboration.
She
recalls
her
early
days
at
a
tech
startup,
where
she
shared
an
office
with
the
CTO
and
made
a
concerted
effort
to
understand
the
technology
they
were
developing.
This
proximity
allowed
her
to
learn
the
language
of
developers,
gain
insights
into
their
processes,
and
build
trust.

To
replicate
this,
Laura
suggests
that
legal
professionals:


  • Show
    Genuine
    Interest.

    Take
    the
    time
    to
    understand
    what
    the
    developers
    are
    working
    on
    and
    why
    it’s
    important.
    Ask
    them
    to
    explain
    their
    projects
    and
    processes
    in
    simple
    terms
    and
    show
    enthusiasm
    about
    their
    work.

  • Learn
    Basic
    Coding.

    Even
    a
    rudimentary
    understanding
    of
    coding
    can
    go
    a
    long
    way
    in
    bridging
    the
    gap
    between
    legal
    and
    tech.
    It
    demonstrates
    a
    willingness
    to
    learn
    and
    understand
    the
    developers’
    world,
    fostering
    mutual
    respect
    and
    collaboration.

  • Use
    Clear
    And
    Concise
    Communication.

    Restate
    what
    you’ve
    heard
    in
    your
    own
    words
    to
    ensure
    understanding
    and
    to
    confirm
    that
    you’re
    on
    the
    same
    page.
    This
    technique
    helps
    avoid
    misunderstandings
    and
    shows
    that
    you
    are
    actively
    listening.

2.

The
Power
Of
Asynchronous
Communication

In
our
discussion,
Laura
highlighted
the
effectiveness
of
asynchronous
communication,
particularly
for
distributed
teams
or
teams
with
varying
schedules.
Asynchronous
communication
allows
team
members
to
share
information
and
updates
without
requiring
an
immediate
response,
thereby
respecting
everyone’s
time
and
work
style.

Key
practices
for
asynchronous
communication
include:


  • Documenting
    Everything.

    Encourage
    a
    culture
    of
    documentation
    where
    all
    decisions,
    processes,
    and
    updates
    are
    recorded
    in
    a
    central
    repository.
    This
    not
    only
    helps
    in
    maintaining
    clarity
    but
    also
    ensures
    that
    new
    team
    members
    can
    easily
    onboard
    and
    understand
    the
    context
    of
    past
    decisions.

  • Setting
    Clear
    Expectations.

    Let
    your
    team
    know
    your
    availability
    and
    preferred
    communication
    channels.
    For
    example,
    Laura
    blocks
    out
    specific
    times
    for
    deep
    work
    and
    clearly
    communicates
    when
    she
    will
    be
    available
    to
    respond
    to
    questions.

  • Using
    Technology
    To
    Your
    Advantage
    .
    Tools
    like
    Slack,
    Microsoft
    Teams,
    and
    other
    collaboration
    platforms
    can
    facilitate
    asynchronous
    communication.
    Integrating
    AI
    tools
    to
    automate
    repetitive
    tasks
    and
    manage
    FAQs
    can
    further
    enhance
    efficiency.

3.

Leveraging
Technology
For
Legal
Efficiency

Laura’s
experience
shows
that
technology
can
be
a
powerful
ally
for
legal
professionals.
From
using
AI
to
automate
routine
tasks
to
adopting
tools
that
improve
contract
management,
technology
can
help
lawyers
focus
on
higher-value
work.

Some
practical
ways
to
leverage
technology
in
your
legal
practice
include:


  • Automating
    Routine
    Tasks.

    Use
    platforms
    like
    DocuSign
    for
    automating
    document
    workflows,
    enabling
    self-service
    for
    frequently
    used
    contracts,
    and
    integrating
    AI
    for
    answering
    repetitive
    queries.

  • Adopting
    AI
    Tools.

    AI
    can
    help
    analyze
    large
    volumes
    of
    data,
    provide
    insights,
    and
    predict
    outcomes,
    making
    it
    an
    essential
    tool
    for
    modern
    legal
    teams.
    Laura
    mentions
    tools
    like
    Legal
    OS,
    which
    uses
    AI
    to
    answer
    complex
    policy-related
    questions,
    saving
    time
    and
    increasing
    accuracy.

  • Encouraging
    Continuous
    Learning.

    Stay
    updated
    with
    the
    latest
    technological
    advancements.
    Regularly
    explore
    new
    tools
    and
    platforms
    that
    can
    improve
    your
    workflow
    and
    keep
    you
    ahead
    of
    the
    curve.

4.

Setting
Boundaries
And
Managing
Expectations

A
crucial
aspect
of
thriving
in
a
tech
environment
is
setting
clear
boundaries
and
managing
expectations.
Laura
stresses
the
importance
of
maintaining
a
healthy
work-life
balance
and
ensuring
that
you
are
not
constantly
in
reactive
mode.

To
achieve
this,
consider
the
following
strategies:


  • Define
    Your
    Working
    Hours
    .
    Make
    sure
    your
    team
    and
    colleagues
    are
    aware
    of
    your
    working
    hours
    and
    respect
    them.
    Use
    tools
    like
    calendar
    blockers
    to
    set
    aside
    time
    for
    focused
    work.

  • Communicate
    Clearly
    .
    Be
    upfront
    about
    your
    availability
    and
    the
    best
    ways
    to
    reach
    you.
    Encourage
    your
    team
    to
    use
    the
    appropriate
    channels
    for
    different
    types
    of
    queries.

  • Prioritize
    Your
    Tasks
    .
    Focus
    on
    high-priority
    tasks
    and
    learn
    to
    delegate
    or
    defer
    less
    critical
    ones.
    This
    helps
    in
    managing
    your
    time
    better
    and
    reduces
    stress.

5.

The
Importance
Of
Understanding
Your
Product

One
of
Laura’s
standout
pieces
of
advice
is
for
lawyers
to
deeply
understand
the
products
their
teams
are
building.
She
stresses
that
using
the
product
or
at
least
having
a
basic
understanding
of
its
functionality
can
significantly
improve
the
quality
of
legal
advice
provided.

Here’s
how
you
can
apply
this:


  • Get
    Hands-On.

    Use
    the
    products
    your
    team
    is
    developing
    to
    understand
    its
    features,
    limitations,
    and
    potential
    legal
    implications.
    This
    hands-on
    experience
    is
    invaluable
    in
    providing
    relevant
    and
    practical
    legal
    advice.

  • Stay
    Curious.

    Continuously
    ask
    questions
    about
    new
    developments,
    features,
    or
    technologies
    your
    team
    is
    working
    on.
    This
    not
    only
    keeps
    you
    informed
    but
    also
    shows
    your
    team
    that
    you
    are
    invested
    in
    their
    work.

  • Engage
    With
    Other
    Departments.

    Regularly
    interact
    with
    other
    departments
    such
    as
    product,
    marketing,
    and
    sales
    to
    get
    a
    holistic
    view
    of
    how
    your
    product
    fits
    into
    the
    market
    and
    any
    legal
    considerations
    that
    may
    arise.


Final
Thoughts

Navigating
the
intersection
of
law
and
technology
requires
a
unique
blend
of
legal
expertise,
technological
understanding,
and
excellent
communication
skills.
By
building
strong
relationships
with
developers,
leveraging
asynchronous
communication,
embracing
technology,
and
setting
clear
boundaries,
legal
professionals
can
thrive
in
a
tech-driven
environment.
Laura
Jeffords
Greenberg’s
insights
provide
a
valuable
roadmap
for
lawyers
looking
to
enhance
their
collaboration
with
tech
teams
and
drive
innovation
within
their
organizations.

For
a
deeper
dive
into
these
strategies
and
more,
tune
into
the
full
episode
with
Laura.
Whether
you’re
a
legal
professional
in
a
tech
company
or
just
curious
about
the
future
of
law
and
technology,
this
episode
is
packed
with
practical
advice
and
inspiration
to
help
you
succeed.




Olga MackOlga
V.
Mack



is
a
Fellow
at
CodeX,
The
Stanford
Center
for
Legal
Informatics,
and
a
Generative
AI
Editor
at
law.MIT.
Olga
embraces
legal
innovation
and
had
dedicated
her
career
to
improving
and
shaping
the
future
of
law.
She
is
convinced
that
the
legal
profession
will
emerge
even
stronger,
more
resilient,
and
more
inclusive
than
before
by
embracing
technology.
Olga
is
also
an
award-winning
general
counsel,
operations
professional,
startup
advisor,
public
speaker,
adjunct
professor,
and
entrepreneur.
She
authored 
Get
on
Board:
Earning
Your
Ticket
to
a
Corporate
Board
Seat
Fundamentals
of
Smart
Contract
Security
,
and  
Blockchain
Value:
Transforming
Business
Models,
Society,
and
Communities
. She
is
working
on
three
books:



Visual
IQ
for
Lawyers
(ABA
2024), The
Rise
of
Product
Lawyers:
An
Analytical
Framework
to
Systematically
Advise
Your
Clients
Throughout
the
Product
Lifecycle
(Globe
Law
and
Business
2024),
and
Legal
Operations
in
the
Age
of
AI
and
Data
(Globe
Law
and
Business
2024).
You
can
follow
Olga
on




LinkedIn



and
Twitter
@olgavmack.

The Real World Is Coming For Gen Z Lawyers – Above the Law

If
your
social
media
feed
is
anything
like
mine,
it’s
filled
with
stories
of
Gen
Z
failing
at
work.
It’s
sparked
by
a

recent
survey

by
Intelligent
about
how
Gen
Z
is
faring
in
the
workplace

and
it’s
not
great.

Sixty
percent
of
employers
said
they’ve
had
to
fire
Gen
Z
hires
only
months
after
they’ve
been
onboarded.
Hiring
managers
said
the
generation
is
“unprepared
for
the
workforce,
can’t
handle
the
workload,
and
are
unprofessional,”
with
90%
saying
Gen
Z
needs
etiquette
training.
Intelligent’s
Chief
Education
and
Career
Development
Advisor
Huy
Nguyen
said,
“Many
recent
college
graduates
may
struggle
with
entering
the
workforce
for
the
first
time
as
it
can
be
a
huge
contrast
from
what
they
are
used
to
throughout
their
education
journey.”
Nguyen
continued
in
the
harsh
assessment,
“They
are
often
unprepared
for
a
less
structured
environment,
workplace
cultural
dynamics,
and
the
expectation
of
autonomous
work.
Although
they
may
have
some
theoretical
knowledge
from
college,
they
often
lack
the
practical,
real-world
experience
and
soft
skills
required
to
succeed
in
the
work
environment.”

Now
that
the
oldest
Gen
Zers
are
starting
to
graduate
law
school
and
enter
not
just
the
workforce,
but
the
legal
workforce,
it
has
us
at
Above
the
Law
wondering
how
it’s
going.
Well,
one
experienced
Florida
lawyer,

Sheila
Zolnoor
,
took
to
TikTok
to
share
an
infuriating
experience
dealing
with
Gen
Z
at
work.
If
this
story
is
any
indication,
reality
is
going
to
be
a
rude
awakening.


@_.sheilove

So
i
undertsand
professional
boundaries
and
i
dont
think
people
need
to
work
themselves
to
the
bone.
I
am
a
proponent
of
a
3
or
4
day
workweek
and
leaving
the
office
when
youre
done
with
your
work—even
if
thats
11:30
am
and
nor
5pm.
Ok?
So
i
am
down
for
that
cause.
But
i
also
think
we
need
to
appreciate
where
we
are
in
our
career…if
i
have
29
days
experience,
there’s
a
chance
i
haven’t
really
started
to
nanage
my
time
right
yet
and
maybe
i
need
to
stretch
myself
a
little
further
til
i
learn
the
ropes…is
that
outrageous??
Whatever
im
willing
to
be
wrong…thanks
for
the
vent
session.

#lawtok


#law


#lawyersoftiktok


#lawyer


#genz


#fired


#workethic


#boundaries


#getoffmylawn


#storytime



original
sound

Sheila🧿




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
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
 or
Mastodon

@[email protected].

The Questions To Make Fund Formation Your Competitive Advantage – Above the Law


Private
equity
forms
an
important
part
of
investors’
portfolios,
but
the
market
has
recently
been
buffeted
by
economic
headwinds.


Asset
managers
are
also
being
impacted
by
a
substantial
amount
of
regulatory
change,
and
clients
are
working
with
multiple
investors
across
different
funds. 


All
of
which
creates
a
complex
landscape
that
must
be
handled
with
dexterity,
bearing
in
mind
all
the
various
obligations,
needs,
and
drivers
in
the
mix.


In
this
environment,
asset
managers
need
to
adapt
to
thrive

and
they
need
their
outside
counsel
to
do
likewise. 


For
law
firms,
leveraging
software
solutions
to
provide
unique
experiences
that
facilitate
collaboration
and
smooth-out
the
fund
formation
process
should
help
attract
and
retain
clients,
and
solve
ongoing
productivity
and
profitability
challenges. 


Is
it
time
to
reimagine
your
approach
to
fund
formation?
Here,
our
friends
at
Thomson
Reuters
provide
some
fundamental
questions
to
ask. 


Download
Now

Will Somebody Please Think Of Donald Trump! – See Also – Above the Law

Todd
Blanche
and
Donald
Trump
(Photo
by
Brendan
McDermid-Pool/Getty
Images)


Giuliani
Wants
His
Case
To
Wait:


Because

he’s

the
reason
folks
have
a
problem
with
Trump
.


So
Much
For
Standing
Your
Ground:


Twitter
caves
to
Brazil’s
demands
.


Things
Are
About
To
Get
SPOOKY:


Prepare
your
costumes
for
ATL’s
Halloween
Contest
!


It
Isn’t
Looking
Good
For
The
5th
Circuit:


Seems
like
they’re
going
to
get
reversed,
again
!


Now
That’s
A
Lot
Of
LSATs!:


A
world
in
crisis
means
more
1Ls
!

These State Attorneys General Are Coming After TikTok – Above the Law



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


Attorneys
General
from
which
states
recently
filed
suit
against
TikTok
alleging
it
targets
and
manipulates
young
users?


Hint:
As
one
state
AG
said,
“TikTok
pushes
its
young
users
to
spend
all
of
their
time
on
the
platform
with
no
regard
for
the
effect
it
has
on
their
mental
health
and
well-being.
TikTok
built
a
platform
to
exploit
teens
for
profit,
and
its
reason
for
doing
so
is
simple.
One
word:
greed.”



See
the
answer
on
the
next
page.

The ABA Really Doesn’t Want To Get Sued By Blum & Co. – Above the Law

When
SFFA
v.
Harvard
was
first
decided,
we
were
flooded
with
what
were
effectively
solidarity
posts

Biglaw
firms
and
universities
sent
out
statements
reaffirming
their
steadfast
commitment
to
fostering
diversity
no
matter
what
the
Supreme
Court
decided.
Then
the
lawsuits
happened.
Since
then,
big-name
firms
like

Morrison
Foerster

skipped
the
courtroom
and
decided
to
remove
the
diversity
language
that
was
getting
them
in
trouble.
The
ABA
even
tried
to
adapt
on
the
fly
and
floated
the
idea
of
diversifying
diversity,

whatever
that
means
.
Well,
enough
time
has
passed
and
the
party
is
over.
The
ABA’s
recent
judicial
clerkship
revision
gets
rid
of
even
needing
to
worry
about
minorities
all
together.

Reuters

has
coverage:

The
American
Bar
Association
has
revised
the
criteria
for
its
Judicial
Clerkship
Program,
opens
new
tab
to
eliminate
references
to
minority
students
and
“communities
of
color”
after
a
conservative
legal
group
alleged
that
the
ABA
was
illegally
discriminating
by
using
racial
quotas…Now,
law
schools
are
“encouraged
to
select
a
diverse
group
of
students,”
and
judges
have
no
hiring
parameters.

That
encouragement
will
have
about
as
much
force

as
asking
Supreme
Court
justices
to
divulge
how
generous
their
friends
are
on
time
.
References
to
minority
students
usually
get
treated
as
referring
to
racial
minorities,
but
don’t
be
fooled


this
is
gonna
hurt
women
and
a
bunch
of
other
students
too
.
An
attorney
working
with
the
Wisconsin
Institute
for
Law
and
Liberty
(because
of
course
it’s
them)
saw
the
change
as
a
win,
saying
that
“all
students
deserve
a
fair
shot
at
employment
and
no
one
should
be
judged
based
on
the
color
of
their
skin.”
That
sounds
great
in
a
vacuum.
It
is
facially
true

no
one’s
resume
should
be
judged
differently
because
of
their
race
or
gender


but
that’s
not
how
the
world
works
right
now
.
Getting
rid
of
inclusion
efforts
is
marketed
as
a
way
to
make
choosing
from
the
hiring
pool
fairer,
but
it
actually
just
makes
it
easier
to
leave
minority
applicants
to
drown.


ABA
Strikes
‘Minority’
And
‘Of
Color’
From
Clerkship
Criteria
Amid
Lawsuit
Threat

[Reuters]


Earlier
:

ABA
Council
Proposes
Language
Change
To
Nix
‘Diversity’
From
Law
School
Considerations


ABA
Committee
Decides
To
Diversify
Diversity.
It
Should
Come
With
A
Clear
Reason
For
Why
That’s
Important



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.

Joe Biden Is NOT A Fan Of Merrick Garland, New Book Says – Above the Law

(Photo
by
Brendan
Smialowski/AFP/Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


Should
never
have
picked
Garland.




President
Joe
Biden,
in
words

reportedly
shared

with
a
colleague
in
the
wake
of
Attorney
General
Merrick
Garland’s
decision
to
appoint
a
special
prosecutor
to
handle
Hunter
Biden’s
case.
Washington
Post
associate
editor
Bob
Woodward
includes
this
quote
in
his
new
novel,

“War”

(affiliate
link),
chronicling
the
political
climate
in
the
U.S.
amid
foreign
conflicts
in
Ukraine
and
Israel.



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

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Federal Judges Push Back On Self-Importance Of CEOs – Above the Law

It
may
have
taken
40
years,
but
federal
courts
are
finally
pushing
back
on
the
legal
theory
that
the
CEOs
of
major
corporations
are
simply
too
important
to
testify.
Back

in
1985
,
the
apex
doctrine
was
codified.
In
a
personal
injury
has
against
Chrysler,
top
exec
Lee
Iacocca
was
shielded
from
having
to
sit
for
a
deposition
because
he
was
a
“singularly
unique
and
important”
individual.

Since
then,
C-suite
individuals
like
Elon
Musk
and
Mark
Zuckerberg
have
invoked
the
doctrine
to
avoid
testifying
in
various
litigation.
However,
the
tides
are
changing.
As
federal
Judge
Iain
D.
Johnston

told
Bloomberg
Law
,
“Single
moms,
single
dads,
who’ve
got
part
time
jobs,
are
taking
classes,
are
taking
kids
to
daycare—is
their
time
less
valuable
than
the
CEO
of
a
major
corporation
sitting
in
a
meeting?
There
should
be
a
healthy
skepticism
of
people’s
self-importance.”

Biglaw
partners
are
seeing
that
shift
happening
in
real
time.

David
Fertig,
a
partner
at
BakerHostetler
who’s
litigated
both
sides
of
the
apex
doctrine,
said
the
question
in
litigation
is
shifting
to
whether
the
apex
witness
has
unique
information
relevant
to
a
case,
rather
than
if
the
CEO
is
too
busy
or
otherwise
important
to
be
deposed.
In
some
instances,
legal
fights
ensue
over
limiting
the
scope
and
length
of
the
deposition,
rather
than
whether
the
deposition
can
happen,
Fertig
said.

“There’s
increasing
concern
and
public
outcry
for
people
of
significant
wealth
and
power
to
answer
for
corporate
conduct,”
Fertig
said.
“Courts
have
therefore
shown
some
reluctance
to
the
idea
that
merely
by
virtue
of
their
status
as
senior
executives,
apex
witnesses
are
immune
from
deposition.”

And
Duane
Morris
partner
Gerald
Maatman
Jr.
said,
“There’s
no
free
pass
anymore.
There’s
no
presumption
that
just
because
you’re
the
CEO,
you
get
to
avoid
depositions.”

When
trying
again
to
invoke
the
doctrine
earlier
this
year,
Zuckerberg
wasn’t
as
successful
as
he
was
in
the
past.
And
he’s
not
the
only
CEO
ordered
to
be
deposed
this
year.

The
tech
titan’s
change
in
fortune
reflects
a
backlash
against
the
apex
doctrine
by
judges
swayed
by
populist
arguments
that
it
unfairly
favors
the
powerful.
McDonald’s
Corp.
CEO
Christopher
Kempczinski,
Microsoft
Corp.
CEO
Satya
Nadella,
activist
investor
Carson
Block,
Madison
Square
Garden
chief
James
Dolan,
and
now
Zuckerberg
all
lost
bids
in
the
past
year
to
duck
depositions
under
the
apex
doctrine
in
federal
courts.

It
may
not
be
as
radical
as
plaintiffs
attorneys
might
like

Robbins
Geller
attorney
Jason
Forge
said
“the
entire
concept
is
a
disgrace”

but
there’s
still
been
significant
progress
pushing
against
the
notion
that
corporate
executives
are
(sigh)
above
the
law.




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
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
 or
Mastodon

@[email protected].

Phil Vassar Is A State Fair Legend And I Hereby Demand His Induction Into The Nashville Songwriters Hall Of Fame – Above the Law

Phil
Vassar
(Courtesy
photo)

It’s
the
record-setting
first
day
of
a
Minnesota
State
Fair
that
will
see

many
attendance
records
toppled
.
Based
on
the
size
of
the
crowd
already
gathered
an
hour
before
his
show,
Phil
Vassar
had
a
little
something
to
do
with
that.

Fairgoers
were
lucky.
Substitute
a
few
moments
of
hesitation
for
decisive
action
under
pressure,
and
Vassar
would
not
have
been
there
to
headline
these
first
two
nights.

“Touring
means
more
to
me
now
than
ever,
honestly,”
says
Vassar,
62.
“I
don’t
know
if
you
know,
but
I
had
a
heart
attack
last
year.
I’m
the
guy
who
never
drank.
All
my
buddies,
ha,
they
pounded
it
hard,
they’re
still
rocking.
And
I’m
the
one
who
just
drops
dead.”

It
took
10
shocks
from
an
AED
to
restart
Vassar’s
failing
heart.
On
his
tour
bus

once
owned
by
country
music
legend
George
Jones

I
speak
to
the
woman
who
found
him,
ashen,
unconscious,
as
he
succumbed
to
his
cardiac
event.
She
performed
CPR,
did
it
the
right
way:
with
multiple
ribs
fractured.
She
saved
Vassar’s
life.
She
is
shy,
and
I
don’t
think
would
want
to
be
named
in
print.

“It
was
very
humbling,”
says
Vassar.
“You
think
you’re
bulletproof,
but
you’re
not.
I’m
very
blessed.
Very,
very
thankful.”

The
heat
of
the
day
has
dissipated.
A
cool
breeze
wafts
in
the
scent
of
damp
wood
chips
from
the
nearby
car
dealership
booths
where
shredded
trees
protect
the
earth
from
the
weight
of
multi-ton
SUVs.
To
the
south,
the
capsule
atop
the
Space
Tower
ride
spins
lazily.
Onstage,
Vassar’s
piano
awaits.

Vassar
is
a
Virginia
native
and
Nashville
transplant,
but
he
practices
“Minnesota
nice”
as
though
born
to
it.
Friends
and
well-wishers
stream
in
and
out
of
the
green
room
before
the
show.
One
of
them,
a
former
math
teacher
from
Eau
Claire
named
Mr.
Kent,
met
Vassar
at
one
of
his
concerts
20
years
prior.
Mr.
Kent
has
been
welcomed
backstage
warmly
ever
since.
Tonight,
he
bears
a
gift:
a
brand-new
Eau
Claire
Bears
baseball
cap.

With
10
minutes
’til
showtime,
Vassar
steps
out
to
change.
His
bandmate
David
Black
cranks
up
the
music
and
begins
assaulting
an
easy
chair
with
a
pair
of
drumsticks.

Five
minutes
to
showtime.
“Time
to
make
the
donuts!”
Black
shouts,
before
the
thwacking
stops
abruptly
and
he
sprints
out
of
the
room.
“Break
a
leg!”
I
call
after
him.
“I’ll
certainly
try,”
comes
echoing
back
down
the
hallway.

Outside,
a
slash
of
crimson
paints
the
horizon.
Right
on
time
at
8:30,
the
band
takes
the
stage.
The
crowd
erupts,
and
the
first
notes
of
“That’s
When
I
Love
You”
drown
out
the
cheers.
Then
comes
“Carlene.”
“C’mon!”
Vassar
cries
into
the
microphone
after
the
first
verse
of
“Bye
Bye.”
The
crowd
howls.

By
the
time
they
launch
into
“In
a
Real
Love”
the
sky
looks
like
a
week-old
bruise.
Vassar
asks
the
crowd
to
sing
along
to
“My
Next
30
Years”

which
you
might
know
as
a
Tim
McGraw
song,
though
Tim
McGraw
knows
it
as
a
Phil
Vassar
song.
On
Vassar’s
30th
birthday,
the
song
came
tumbling
out
of
him
in
10
or
20
minutes,
“as
fast
as
[he]
could
write
it.”

“Love
Is
a
Beautiful
Thing”
follows,
and
“Six-Pack
Summer.”
People
shout
out
requests.
Vassar
banters
with
the
crowd,
tells
them
how
he
wrote
this
song
after
his
kitchen
flooded,
and
pounds
out
the
unmistakable
opening
notes
of
“Just
Another
Day
in
Paradise.”

“Thanks
again
for
having
us
to
the
state
fair,”
Vassar
purrs
into
the
microphone.
“We
appreciate
this.”
I
try
to
keep
track
of
how
many
times
he
says
“thank
you”
or
otherwise
expresses
gratitude.
I
lose
count
somewhere
into
the
second
dozen.

More
music
pours
from
the
keys.
It’s
hit
after
hit
from

Vassar’s
storied
career
,
along
with
a
few
carefully
selected
covers.
On
the
final
lyrics
of
“American
Child,”
fireworks
go
off,
literally.
Boom,
crack,
pop!
Reds,
blues,
greens,
and
yellows
light
the
sky
overhead.
Each
explosion
accentuates
a
line
of
“For
a
Little
While.”

A
security
guard
who
I’d
been
chatting
with
earlier
saunters
up
and
pulls
out
her
earplugs.
“The
fireworks
mean
the
concert’s
over,”
she
yells
directly
into
my
ear.
Nope.

More
old
favorites
reverberate
into
the
fairgrounds.
Nearly
unique
in
country
music
of
his
era,
Vassar’s
lyrics
tackle
complex
topics

aging,
introspection,
maintaining
long-term
friendships,

even
LGBTQ+
tolerance


not
just
partying,
falling
in
love,
and
heartbreak
(of
course,
there
are
a
few
excellent
examples
of
those
ones
too).
Despite
occasionally
heavy
subject
matter,
the
energy
never
ebbs.
“It’s
fun,
and
it’s
supposed
to
be
fun,”
Vassar
had
said
earlier
of
his
music.
“People
take
everything
so
seriously.”
At
the
end
of
“I’m
Alright”
there’s
a
big
drum
solo.
Had
he
been
playing
it
back
in
the
green
room,
Black
would
have
reduced
that
easy
chair
to
splinters.

“Scream
for
the
band
up
here
too!”
says
Vassar.
They
scream.

It’s
pitch
black
now,
and
this
time
the
end
really
is
near.
They
close
out
the
show
with
a
cover
of
“Piano
Man.”
The
crowd
sways,
the
crowd
sings,
all
of
them
entranced.

Vassar
addresses
everyone
one
last
time.
“Thank
you
all
so
much,
God
bless
you
guys!”
One
row
stands
up,
then
another,
then
another,
in
a
rapidly
swelling
wave.
I
peer
at
my
watch
and
see
the
second
hand
make
a
couple
loops.
Eventually
the
standing
ovation
subsides.
He’s
barely
offstage
before
he’s
inviting
me
onto
the
tour
bus.

“I
feel
great
now,”
says
Vassar.
“I’ve
never
felt
this
good.”

In
trying
to
describe
what
took
place
on
the
first
night
of
the
fair,
the
word
“triumph”
comes
to
mind.
A
year
prior
Vassar
was
a
tenth
shock
away
from
never
making
it
to
this
time,
this
place.
Three
years
before
that,
the
Minnesota
State
Fair
itself
fell
to
the
coronavirus.
Yet,
here
we
all
are:
the
first
day
of
the
fair
finally
recovered
to
surpass
its
prepandemic
glory;
Phil
Vassar,
risen
from
the
dead,
never
missing
a
beat
as
its
opening
late-night
act.
It’s
an
unarticulated
celebration
of
the
joy
in
everything
that
might
not
have
been,
but
is.

Vassar
is
being
considered
for
the

ASCAP
Nashville
Songwriters
Hall
of
Fame
,
and
I
truly
hope
he’s
inducted.
No
one
deserves
it
more.
Whatever
happens,
though,
whatever
life
has
in
store
for
Phil
Vassar’s
second
act,
one
aspect
of
his
legacy
is
now
written
in
stone:
Phil
Vassar
is
a
state
fair
legend.




Jonathan
Wolf
is
a
civil
litigator
and
author
of 
Your
Debt-Free
JD



(affiliate
link).
He
has
taught
legal
writing,
written
for
a
wide
variety
of
publications,
and
made
it
both
his
business
and
his
pleasure
to
be
financially
and
scientifically
literate.
Any
views
he
expresses
are
probably
pure
gold,
but
are
nonetheless
solely
his
own
and
should
not
be
attributed
to
any
organization
with
which
he
is
affiliated.
He
wouldn’t
want
to
share
the
credit
anyway.
He
can
be
reached
at 
[email protected].