Paul Weiss Partner Wrote Epstein On Sex Laws… But Was Just Passing Along Analysis From Alan Dershowitz – Above the Law

(Photo
by
John
Lamparski/Getty
Images
for
Hulu)

Back
in
September,
Bloomberg
flagged
an
email
exchange
between
Paul
Weiss
partner
Mitchell
Webber
and
Jeffrey
Epstein
addressing
“The
question
is:
what
would
happen
if
one
were
to
transport
a
minor
for
sex

or
transport
oneself
with
the
intent
to
have
sex
with
a
minor

into
a
state
in
which
the
age
of
consent
is
below
eighteen
(assuming
the
minor
is
above
the
age
of
consent
in
the
given
state)?”
Another
email
involves
Epstein
asking
for
research
on
sex
tourism
laws.

Not
the
hypos
anyone
wants
to
see
their
name
attached
to
right
now,
especially
for
a
firm
with
a
number
of
other
attorneys
under
the
microscope

and
that

just
lost
its
leader


all
over

appearances
in
Epstein
emails
.
Social
media
posters
have
made
the
connection
between
Webber
and
Paul
Weiss,
thus
dragging
the
firm
into
this
story
too.
But
Webber’s
emails
come
with
a
few
important
caveats.
First,
his
correspondence
with
Epstein
came
way
back
in
his
career,
to
2008
while
he
was
still
a
research
assistant
at
Harvard
Law
School.
And
the
year
will
matter
a
lot
here.
And
second,
Webber
didn’t
actually
provide
any
legal
advice,
he
merely
passed
along
messages
from
his
boss…
Professor
Alan
Dershowitz.

“Jeffrey
Epstein
never
asked
for
my
legal
opinion
or
advice,”
Webber
explained
in
a
statement
to


Forward
,
“I
never
provided
my
legal
opinion
or
advice
to
Jeffrey
Epstein.
I
only
relayed
advice
from
his
counsel,
Professor
Dershowitz.”
Why
was
the
research
assistant
conversing
with
Epstein
instead
of
the
professor?
Because
Dershowitz
apparently
does
not
understand
computers:

When
asked
by
the Forward about
Webber’s
account,
Dershowitz
responded
in
an
emailed
statement
that
he
has
never
used
a
computer,
and
that
Webber’s
email
to
Epstein
“represent[s]
my
words
not
his.
I
would
never
advise
a
client
to
transport
anyone
for
improper
purposes.
To
suggest
such
a
thing
would
be
defamatory
and
wrong.”

He
added,
“Webber
did
research
under
my
direction.
I
would
provide
him
my
interpretation
of
the
law
and
ask
him
to
find
cases
that
support
it.
This
research
was
directed
exclusively
to
Epstein’s
past
conduct
as
part
of
my
6th
amendment
role
in
defending
E
against
allegations
of
past
misconduct,”
referring
to
the
constitutional right
to
legal
counsel
 of
criminal
defendants.
“It
had
absolutely
nothing
to
do
with
advising
him
about
future
or
then
current
conduct.”

He
is
absolutely
correct
about
the
context.
Given
the
cozy
conversations
that
Epstein
had
with
other
attorneys
and
luminaries
about
his
“girls”
or
his
parties,
the
public
is
wound
up
and
ready
to
spring
on
wrongdoing
in
every
email,
but
given
the
timeframe,
this
email
reads
exactly
as
Dershowitz
frames
it.

If
you’re
representing
someone
accused
of
sex
crimes,
you’re
going
to
do
research
on
the
outer
limits
of
sex
crime
laws.
That’s
just
common
sense.
It
may
seem
unsavory
as
legal
advice,
but
Epstein’s
defense
counsel
needed
to
be
in
a
position
to
push
back
and
say,
“Well,
ACTUALLY,
in
this
instance,
he
went
to
another
jurisdiction
with
the
intent
to
sleep
with
a
16-year-old
and
that
isn’t
a
crime.”
That
takes
this
advice
to
a
different
level
than
the
lawyers
chit-chatting
with
Epstein
about
his
“girls”
years
after
the
fact.
It’s
even
markedly
different
than
representing
Epstein
in
a
mundane
transaction
years
after
the
fact.
Being
a
criminal
defense
lawyer
is
about
the
serving
the
judicial
system.
Helping
Epstein
make
more
money
that
he
can
then
put
into
his
trafficking
empire
is
a
choice.

And
like
it
or
not,
giving
the
accused
a
proper
defense
in
an
active
criminal
case
requires
this
kind
of
research.

That
said,
it’s
not
advice
that
fits
neatly
back
in
the
toothpaste
tube,
right?
Once
you’ve
told
a
criminal
“here
are
the
limits
of
what
the
government
can
charge
you
with,”
you’ve
inadvertently
told
the
defendant
what
they
can
do
going
forward.
It’s
even
more
skeevy
when
the
advice
isn’t
“here’s
why
your
activity
wasn’t
technically
illegal”
but
rather,
as
happens
in
a
lot
of
plea
negotiations,
“here
are
similar
instances
where
it
was
illegal,
but
the
defendant
still
got
a
favorable
deal.”
In
the
former,
at
least
what
the
defendant
learns
they
can
do
will
be,
by
definition,

legal
.
In
the
latter,
they’re
just
internalizing
how
to
get
away
with
illegality.

There’s
no
way
around
this,
of
course.
But
providing
a
robust
defense
for
the
accused
is
more
important
than
the
risk
that
they
will
learn
all
the
wrong
lessons
from
their
lawyers.

The
public
ire
at
seeing
these
messages
in
retrospect
is
understandable.
But,
folks,

this

is
not
the
problem.




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

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sports
news.
Joe
also
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Managing
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.

Regional Law School Receives $6M Grant To Stay Afloat – Above the Law

The
Appalachian
School
of
Law’s
ledger
forecasted
a
troubling
financial
future.
As
if
low
enrollment
numbers
and
the
Trump
administration’s
capping
of
graduate
school
funding
weren’t
enough
of
a
hurdle,
the
school
mathed
out
that
they’d
need
millions
of
dollars
if
they
planned
on
surviving
long
term
in
Buchanan
County,
Virginia.
They
entertained
the
idea
of

merging
with
Roanoke
College

to
meet
their
financial
needs,
but
doing
so
would
mean
moving
the
campus
three
hours
away.
The
merger
would
allow
them
to
keep
doors
open,
but
it
would
also
betray
one
of
the
school’s
founding
purposes

prepare
locals
to
meet
the
legal
needs
of
their
community.
The
school
still
needs
to
figure
out
how
they
can
afford
to
operate,
but
a
recent
pool
of
funding
will
give
them
some
breathing
room
for
a
while.

Cardinal
News

has
coverage:

The
Buchanan
County
Board
of
Supervisors
and
the
Buchanan
County
Industrial
Development
Authority
plan
to
grant
up
to
$6
million
to
the
Appalachian
School
of
Law
to
get
it
through
a
short-term
financial
crisis.

Following
comments
from
more
than
20
people
at
a
public
hearing
Monday,
the
board
voted
6-1
to
form
a
committee
with
representatives
from
the
board
of
supervisors,
IDA
and
law
school
to
draw
up
a
contract
for
the
additional
funding.
The
agreement
is
expected
to
be
signed
at
a
joint
meeting
on
Feb.
10.

Gotta
spend
money
to
make
money!

Whatever
long-term
strategy
the
school
takes
on
will
have
to
focus
on
increasing
student
enrollment.
They’re
currently
at
~180
of
the
300
students
they
could
be
teaching

that’s
a
lot
of
money
not
going
to
the
school’s
coffers.


Buchanan
County
To
Provide
Short-Term
Funding
For
Appalachian
School
Of
Law

[Cardinal
News]


Earlier
:

Regional
Law
School
Explores
Long-Distance
Merger



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
is
learning
to
swim, is
interested
in
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.

Perkins Coie Faces Partner Run As Ashurst Merger Deal Nears – Above the Law

Back
in
November
2025,
Perkins
Coie
announced
its
plans
to
combine
with
Ashurst,
a

transatlantic
tie-up

expected
to
propel
the
combined
firm
into
the
top
20
of
the
Am
Law
100.
With
the
merger
expected
to
close
sometime
in
the
third
quarter,
partners
at
Perkins
Coie
are
already
voting

with
their
feet.
Within
the
last
week
alone,
competitors
have
announced
two
large
group
departures
from
the
firm.

McGuireWoods
picked
up
a
pack
of
eight
departing
Perkins
partners,
announcing

plans
to
open
a
Seattle
office
,
while
Morrison
&
Foerster
managed
to
grab
a
group
of
15
litigation
partners,
also
announcing
plans
to

open
a
Seattle
office

with
its
new
Perkins
partners
in
tow.
Both
firms
are
taking
several
practice
group
leaders
in
their
Perkins
partner
haul.

The

National
Law
Journal

has
the
details
on
those
who
are
leaving
for
McGuireWoods:

Rike
Connelly,
former
co-leader
of
Perkins
Coie’s
business
litigation
practice
group,
will
serve
as
managing
partner
of
McGuireWoods’
new
Seattle
office
and
co-lead
their
business
litigation
practice
group.

The
other
seven
partners
joining
McGuireWoods
includes:
Eric
Wolff,
who
co-chaired
Perkins
Coie’s
appellate
practice;
Mack
Shultz,
who
chaired
Perkins
Coie’s
product
liability
litigation
group;
Todd
Rosencrans,
who
was
vice
chair
of
Perkins
Coie’s
product
liability
litigation
group;
Judge
Abdul
Kallon;
who
co-chaired
Perkins
Coie’s
trial
practice
group;
Daniel
Ridlon;
who
co-chaired
Perkins
Coie’s
autonomous
and
uncrewed
vehicle
systems
industry
group;
Monique
Wirrick;
and
Christopher
Ledford.

The

American
Lawyer

has
the
details
on
the
laywers
who
are
leaving
for
MoFo:

The
group
joining
Morrison
&
Foerster
includes
David
Perez,
who
was
previously
chair
of
Perkins’
business
litigation
practice
until
last
May,
and
had
been
with
the
firm
for
more
than
14
years,
as
well
as
Brendan
Murphy,
Zachary
Davison,
Mallory
Gitt,
Laura
Hill,
Megan
Houlihan,
Michelle
Maley,
Matthew
Mertens,
Gregory
Miller,
and
Eric
Weiss,
all
in
Seattle.

The
firm
also
hired
two
Perkins
partners
in
San
Diego:
Ray
Hartman
and
Jacob
Spekhard.

Morrison
&
Foerster
also
confirmed
that
three
additional
partners
are
expected
to
join
from
Perkins
in
Seattle
in
the
coming
weeks,
but
the
firm
could
not
yet
release
the
remaining
three
names.

In
response
to
the
partner
exits,
Perkins
Coie
said
the
firm
was
“grateful
for
the
contributions
of
our
former
colleagues,
and
we
wish
them
well.”

Best
of
luck
to
McGuireWoods
and
Morrison
&
Foerster
on
their
new
Seattle
offices,
which
are
brimming
over
with
former
Perkins
partners.


Morrison
&
Foerster
Hires
15
Perkins
Coie
Partners,
Launches
Seattle
Office

[American
Lawyer]


McGuireWoods
Recruits
8-Partner
Perkins
Coie
Group,
Launches
Seattle
Office

[National
Law
Journal]


Earlier
:

The
Next
Transatlantic
Biglaw
Heavyweight:
Ashurst
Ties
The
Knot
With
Perkins
Coie





Staci
Zaretsky
 is
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editor
of
Above
the
Law,
where
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2011.
She’d
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hear
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you,
so
please
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free
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GOP Wants To Probe Ketanji Brown Jackson For Attending Grammys Because Bad Bunny Was Also There – Above the Law

(Photo
by
Win
McNamee/Getty
Images)

Justice
Ketanji
Brown
Jackson
attended
the
Grammy
Awards
over
the
weekend
because
her
memoir,
“Lovely
One,”
was
nominated
for
Best
Audio
Book,
Narration
&
Storytelling
Recording.
She
lost
to
the
Dalai
Lama.
Which,
honestly…
fair.
Anyway,
that
should
be
the
end
of
it,
but
it’s
2026
and
Republicans
need
to
find
something
to
talk
about
instead
of
unleashing
untrained,
armed
thugs
on
Minnesota
to
kidnap
journalists
and
murder
civilians,
so
Justice
Jackson’s
award
nomination
is
the
new
ethics
scandal.

There’s
nothing
improper
about
attending
an
awards
ceremony
for
an
award
that

you’re
actually
nominated
for
.
But
Senator
Marsha
Blackburn
wants
an
investigation
into
whether
Jackson’s
attendance
breached
Supreme
Court
ethics
because
so
many
artists
and
presenters
bashed
ICE
at
the
event.
Blackburn’s
letter
claims
that
Jackson’s
mere
presence
at
an
event
where
other
people
exercised
their
First
Amendment
rights
somehow
compromises
her
impartiality
on
immigration
cases:


The
New
York
Post
explains
:

“While
it
is
by
no
means
unheard
of
or
unusual
for
a
Supreme
Court
justice
to
attend
a
public
function,
very
rarely—if
ever—have
justices
of
our
nation’s
highest
Court
been
present
at
an
event
at
which
attendees
have
amplified
such
far-left
rhetoric,”
Blackburn
(R-Tenn.)
wrote
in
a
Thursday
letter
to
[Chief
Justice
John]
Roberts.

Presumably
the
“far-left
rhetoric”
is
“Abolish
ICE.”
And
if
that’s
the
case,
the
bad
news
for
Blackburn
is
that
this
is,
according
to
polling,

the
mainstream
American
position
now
.

The
ethical
constraints
on
the
Supreme
Court
are
notoriously
non-existent.
Blackburn
cites
the
toothless
advice
that
the
justices
“act
at
all
times
in
a
manner
that
promotes
public
confidence
in
the
integrity
and
impartiality
of
the
judiciary.”
The
senator
specifically
worries
that
Jackson’s
appearance
in
the
same
room
where
such
radical
thoughts
as
“maybe
don’t
imprison
children
without
due
process”
might
be
expressed.

Blackburn
recounted
how
Sens.
Dick
Durbin
(D-Ill.)
and
Sheldon
Whitehouse
(D-RI)
penned
a
letter
to
Roberts
urging
him
to
ensure
that
conservative
Justice
Samuel
Alito
would
recuse
himself
in
the
2020
election
and
Capitol
riot
cases
because
his
wife
put
up
a
Revolutionary
War-era
flag
at
his
house.

Right.
But
see
how
that’s,
like,
not
at
all
the
same
thing?
The
proper
analogy
would
be
if
Justice
Jackson

herself

wore
an
ICE
Out
pin
at
the
event.
And
if
she
did
so,
then
that
would
be
a
good
argument
for
recusal.
But
she
did
not.
Which
makes
it
very
different
than
Sam
Alito
flying
insurrection
symbols
outside
his
house
in
January
2021.

Third
Circuit
Judge
Emil
Bove,
one
of
the
architects
of
the
DOJ’s
contemptuous
approach
to
deportations
having
reportedly
counseling
government
lawyers

to
say
“fuck
you”
to
courts

blocking
illegal
flights,

attended
a
Trump
rally
in
Pennsylvania
.
As
opposed
to
an
awards
show
where
Billie
Eilish
earned
30
seconds
to
express
her
support
for
immigrants,
Bove
attended
a
political
rally
where
the
president
declared
immigrants
as
coming
from
“shithole
countries,”
and
mused
about
running
for
a
third
term.
As
a
symbolic
expression
of
support,
this
is
not
in
the
same
ballpark.

Conservatives
at
the
Supreme
Court
fare
even
worse
on
the
ethical
ledger.
Clarence
Thomas
accepted hundreds
of
thousands
of
dollars
in
undisclosed
luxury
travel
and
gifts
 from
a
billionaire
whose
interests
regularly
align
with
cases
before
the
Court?
Sam
Alito taking
a
private
jet
trip
to
a
luxury
fishing
resort
 courtesy
of
a
Republican
megadonor
who
actually
did
have
business
before
the
Court?

Alito
got
himself
knighted

by
an
organization
headed
up
by
arch-conservative
Europeans.

It’s
not
even
clear
Blackburn
is
dumb
enough
to
buy
her
own
performative
tantrum:

“Congressional
Democrats
and
the
legacy
media
have
spent
years
smearing
Republican-appointed
Supreme
Court
justices
as
corrupt,
partisan,
and
having
engaged
in
conduct
that
violates
the
Court’s
Code
of
Conduct,”
Blackburn
bemoaned.

“These
public
smear
campaigns
orchestrated
by
congressional
Democrats
and
amplified
by
the
mainstream
media
were
baseless
and
a
pathetic
attempt
to
influence
the
decision-making
process
of
the
Court.”

And
that’s
the
whole
strategy.
Deflect
from
the
documented
corruption
piling
up
around
conservatives
by
claiming
the

real
bias

is
passively
sitting
in
the
audience
while
the
woke
mob
awards
Spanish-language
music.
If
the
standard
is
merely
attending
an
event
where

other
speakers

engage
in
radical
rhetoric,
can
we
get
some
ethical
complaints
over
being
within
a
thousand
yards
of
a
Federalist
Society
conference?
Because
I
don’t
know
if
the
GOP
wants
to
pull
that
string.




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
.

Bessent Blames Bondi For Trump Bribe – Above the Law

(Tom
Williams/CQ-Roll
Call,
Inc
via
Getty
Images)

Scott
Bessent
has
to
pretend
to
believe
a
lot
of
nonsense,
but
Donald
Trump’s
lawsuit
against
the
IRS
is
really
making
the
Treasury
Secretary
work
for
it.

Last
week,
the
president
dropped
his

latest
trollsuit
,
this
time
targeting
the
government
over
the
leak
of
his
tax
returns
in
2020
by
Charles
Littlejohn,
a
contractor
for
Booz
Allen
Hamilton.
The
New
York
Times
penned
dozens
of
stories
about
those
returns
before
the
2020
election,
but
Trump
claims
not
to
have
learned
about
it
until
January
of
2024,
when
Littlejohn
was
sentenced.
This
is
convenient,
since
any
civil
suit
over
wrongful
disclosure
of
tax
information
must
be
filed
within
two
years.
Less
convenient
is
the
fact
that
Trump’s
own
lawyer
Alina
Habba
appeared
at

Littlejohn’s
plea
hearing

on
October
12,
2023
“on
behalf
of
President
Trump
who
was
a
victim,
as
we
just
heard,
of
this
atrocity.”

But
no
matter!
Trump

demands

$10
billion
because
the
Times
wrote
mean
stuff
about
his
finances.
Plus,
he
and
his
company
had
to
“defend
against
a
meritless
civil
suit
brought
by
the
New
York
Attorney
General
based
on
wrongful
interpretation
of
unauthorized
disclosures
of
their
confidential
tax
returns
and
related
tax
information.”
KA-CHING!

This
puts
Secretary
Bessent
in
an
awkward
position

or,
two
awkward
positions
to
be
exact,
since
he
took
over
as
acting
Commissioner
of
the
IRS
after
Trump
pushed
out
Billy
Long,
his
own
pick
to
lead
the
agency.
If
Trump
“wins”
his
“lawsuit,”
then
the
taxpayers
will
be
on
the
hook
for
the
money.
Even
as
Americans
are

coughing
up

thousands
of
dollars
per
household
for

increased
health
insurance
premiums

and
those

“non-inflationary”
tariffs
,
they’ll
be
asked
to
hand
the
president
an
eleven-figure
check.

It’s
breathtakingly
corrupt,
and
so
Bessent
has
figured
out
a
way
to
distance
himself
from
the
looting
of
his
agency:
He’s
blaming
Pam
Bondi.

“This
is
a
Justice
Department
matter.
They
represent
Treasury,”
he
sneered
in
response
to
questioning
by
Senator
Ruben
Gallego
about
the
glaring
conflict
of
interest.

GALLEGO:
Can
the
president
fire
you?BESSENT:
He
canGALLEGO:
Isn’t
it
a
conflict
of
interest
for
you
to
making
these
decisions
and
the
president
has
full
power?BESSENT:
I
am
not
part
of
the
decisionGALLEGO:
Well
you
hit
‘send’
on
the
wire
transfer.
You’re
plundering
US
taxpayer
dollars



Aaron
Rupar
(@atrupar.com)


2026-02-05T17:00:57.612Z

So
much
for
the
unitary
executive
theory!
Apparently
the
DOJ
is
running
the
show,
and
Treasury
is
just
along
for
the
ride.
The
IRS
has
no
institutional
interest
or
say
in
the
litigation.
If
the
Attorney
General
decides
not
to
defend
against
a
patently
frivolous
lawsuit,
it’s
got
nothing
to
do
with

him
.

“We
act
as
paymaster,”
Bessent
insisted,
conveniently
dumping
responsibility
for
the
plunder
of
his
agency
in
Bondi’s
lap.

When
hedge
fund
billionaire
Ken
Griffin
sued
the
Treasury
over
the
leak
of
his
tax
documents
— in
timely
fashion!

the
DOJ
mounted
a
robust
defense.
But
if
the
Bondi
decides
to
“lose”
this
lawsuit,
that’s
on
her.
Bessent
is
more
like
a
cash
register,
really,
or
an
AI
chatbot
being
ordered
to
generate
CSAM.
It’s
user
error!

GALLEGO:
Let’s
say
Trump
wins
that
lawsuit.
Where
would
that
$10
billion
come
from?BESSENT:
It
would
come
from
TreasuryGALLEGO:
So,
taxpayers?BESSENT:
Yes.
Part
of
the
44,000
whose
returns
were
leakedGALLEGO:
They’re
not
suing



Aaron
Rupar
(@atrupar.com)


2026-02-05T16:53:16.480Z

It’s
a
neat
trick!
Someone
should
hurry
up
and
tell
DHS
Secretary
Kristi
Noem
that
she
has
to
do
whatever
the
DOJ
lawyers
tell
her
because
they’re
the
ones
really
in
charge.
That
would
save
those

poor,
harried
AUSAs
from
having
to
explain
to
judges

why
ICE
refuses
to
comply
with
court
orders.

Whether
it
saves
Bessent
from
being
held
responsible
for
the
coming
wealth
transfer
from
American
taxpayers
to
the
president’s
bloated
pockets
remains
to
be
seen





Liz
Dye
 produces
the
Law
and
Chaos Substack and podcast.
 You
can
subscribe
by
clicking
the
logo:


From Cost Center To Value Engine: Patent Management In The AI Era – Above the Law

How
patent
work
is
structured
shapes
how
it
is
valued. 

In
a
recent
Tradespace
and
Above
the
Law
survey,
two-thirds
of
companies
that
draft
patents
in-house
described
IP
as
a
value
driver,
while
71
percent
of
companies
that
outsource
drafting
viewed
IP
as
a
cost.

Inside
this
whitepaper,
we
explore:


Proximity
Changes
Strategy

When
drafting
and
prosecution
move
inside,
IP
teams
work
closer
to
engineers
and
product
leaders.
This
proximity
improves
invention
quality,
strengthens
claim
strategy,
and
aligns
patent
decisions
with
product
direction,
market
timing,
and
business
priorities.


Scale
Breaks
Mid-Market
Teams
First

Companies
in
the
$51
million
to
$499
million
revenue
range
report
the
lowest
satisfaction
with
staffing
ratios.
Patent
workloads
continue
to
grow
through
disclosures,
foreign
filings,
office
actions,
maintenance,
and
engineering
collaboration,
even
as
headcount
plateaus.
Without
systems,
scale
creates
strain.


Technology
Enables
the
Shift

A
majority
of
surveyed
organizations
expect
to
invest
in
IP
technology
within
three
to
five
years,
citing
faster
drafting
cycles,
improved
accuracy,
clearer
portfolio
insight,
stronger
product
coordination,
and
more
predictable
review.
AI
makes
internalization
viable
for
lean
teams
by
absorbing
mechanical
work
and
stabilizing
growth.


How Appealing Weekly Roundup – Above the Law



Ed.
Note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“Justice
Department
Struggles
Under
Weight
of
Immigration
Crackdown;
Current
and
former
prosecutors
say
they
can
relate
to
the
government
lawyer
who
told
judge
she
was
overwhelmed”:
 Sadie
Gurman
and
Hannah
Critchfield
of
The
Wall
Street
Journal
have this
report
.


“A
Revolt
Inside
Paul
Weiss
Over
the
Epstein
Files
Took
Down
Brad
Karp;
Latest
batch
of
Epstein
emails
prompted
partners
to
push
elite
law
firm’s
leader
from
chairman
role”:
 Cara
Lombardo,
Lauren
Thomas,
and
Erin
Mulvaney
of
The
Wall
Street
Journal
have this
report
.


“Trump
DOJ
Reimagines
Birthright
Citizenship
History
for
Justices”:
 Justin
Wise
of
Bloomberg
Law
has this
report
.


“Failure
to
Alert
Judge
to
Press
Law
for
Reporter
Search
Draws
Ethical
Scrutiny;
The
Justice
Department
may
have
violated
a
candor
rule
by
not
disclosing
a
1980
law
when
seeking
a
warrant
for
a
Washington
Post
reporter’s
home”:
 Charlie
Savage
of
The
New
York
Times
has this
report
.


“Goldstein
Jury
Told
He
Admitted
to
Understating
Debt
to
Get
Loan”:
 Holly
Barker
of
Bloomberg
Law
has this
report
.

DHS Is Hunting Down Trump Critics. The ‘Free Speech’ Warriors Are Mighty Quiet. – Above the Law

For
years,
we’ve
been
subjected
to
an
endless
parade
of
hyperventilating
claims
about
the
Biden
administration’s
supposed
“censorship
industrial
complex.”
We
were
told,
over
and
over
again,
that
the
government
was
weaponizing
its
power
to
silence
conservative
speech.
The
evidence
for
this?
Some
angry
emails
from
White
House
staffers
that
Facebook
ignored.
That
was
basically
it.
The
Supreme
Court
looked
at
it
and
said
there
was
no
standing
because
there
was no
evidence
of
coercion
 (and
even
suggested
that
the
plaintiffs
had
fabricated
some
of
the
facts,
unsupported
by
reality).

But
now
we
have
actual,
documented
cases
of
the
federal
government
using
its
surveillance
apparatus
to
track
down
and
intimidate
Americans
for
nothing
more
than
criticizing
government
policy.
And
wouldn’t
you
know
it,
the
same
people
who
spent
years
screaming
about
censorship
are
suddenly
very
quiet.

If
any
of
the
following
stories
had
happened
under
the
Biden
administration,
you’d
hear
screams
from
the
likes
of
Matt
Taibbi,
Bari
Weiss,
and
Michael
Shellenberger,
about
the
crushing
boot
of
the
government
trying
to
silence
speech.

But
somehow…
nothing.
Weiss
is
otherwise
occupied—busy stripping
CBS
News
for
parts
 to
please
King
Trump.
And
the
dude
bros
who
invented
the
“censorship
industrial
complex”
out
of
their
imaginations?
Pretty
damn
quiet
about
stories
like
the
following.

Taibbi
is
spending
his
time
trying
to
play
down
the
Epstein
files
and
claiming
Meta
blocking
ICE
apps
on
direct
request
from
DHS
isn’t
censorship
because
he
hasn’t
seen
any
evidence
that
it’s
because
of
the
federal
government.
Dude.
Pam
Bondi
publicly
stated she
called
Meta
 to
have
them
removed.
Shellenberger,
who
is
now
somehow
a
“free
speech
professor”
at
Bari
Weiss’ collapsing
fake
university
,
seems
to
just
be
posting
non-stop
conspiracy
theory
nonsense
from
cranks.

Let’s
start
with
the
case
that
should
make
your
blood
boil.
The
Washington
Post
reports
that
a
67-year-old
retired
Philadelphia
man

a
naturalized
U.S.
citizen
originally
from
the
UK
— found
himself
in
the
crosshairs
 of
the
Department
of
Homeland
Security
after
he
committed
the
apparently
unforgivable
sin
of…
sending
a
polite
email
to
a
government
lawyer
asking
for
mercy
in
a
deportation
case.

Here’s
what
he
wrote
to
a
prosecutor
who
was
trying
to
deport
an
Afghani
man
who
feared
the
Taliban
would
take
his
life
if
sent
there.
The
Philadelphia
resident
found
the
prosecutors
email
and
sent
the
following:


“Mr.
Dernbach,
don’t
play
Russian
roulette
with
H’s
life.
Err
on
the
side
of
caution.
There’s
a
reason
the
US
government
along
with
many
other
governments
don’t
recognise
the
Taliban.
Apply
principles
of
common
sense
and
decency.”

That’s
it.
That’s
the
email
that
triggered
a
federal
response.
Within
hours
— hours —
of
sending
this
email,
Google
notified
him
that
DHS
had
issued
an
administrative
subpoena
demanding
his
personal
information.
Days
later,
federal
agents
showed
up
at
his
door.

Showed.
Up.
At.
His.
Door.

A
retired
guy
sends
a
respectful
email
asking
the
government
to
be
careful
with
someone’s
life,
and
within
the
same
day,
the
surveillance
apparatus
is
mobilized
against
him.

The
tool
being
weaponized
here
is
the
administrative
subpoena
(something we’ve
been
calling
out
 for
well
over
a
decade,
under
administrations
of
both
parties)
which
is
a
particularly
insidious
instrument
because
it
doesn’t
require
a
judge’s
approval.
Unlike
a
judicial
subpoena,
where
investigators
have
to
show
a
judge
enough
evidence
to
justify
the
search,
administrative
subpoenas
are
essentially
self-signed
permission
slips.
As TechCrunch
explains
:


Unlike
judicial
subpoenas,
which
are
authorized
by
a
judge
after
seeing
enough
evidence
of
a
crime
to
authorize
a
search
or
seizure
of
someone’s
things,
administrative
subpoenas
are
issued
by
federal
agencies,
allowing
investigators
to
seek
a
wealth
of
information
about
individuals
from
tech
and
phone
companies
without
a
judge’s
oversight.


While
administrative
subpoenas
cannot
be
used
to
obtain
the
contents
of
a
 person’s
emails,
online
searches,
or
location
data
,
they
can
demand
information
specifically
about
the
user,
such
as
what
time
a
user
logs
in,
from
where,
using
which
devices,
and
revealing
the
email
addresses
and
other
identifiable
information
about
who
opened
an
online
account.
But
because
administrative
subpoenas
are
not
backed
by
a
judge’s
authority
or
a
court’s
order,
it’s
largely
up
to
a
company
whether
to
give
over
any
data
to
the
requesting
government
agency.

The
Philadelphia
retiree’s
case
would
be
alarming
enough
if
it
were
a
one-off.
It’s
not.
Bloomberg
has
reported
on at
least
five
cases
where
DHS
used
administrative
subpoenas
 to
try
to
unmask
anonymous
Instagram
accounts
that
were
simply documenting
ICE
raids
 in
their
communities.
One
account,
@montcowatch,
was
targeted
simply
for
sharing
resources
about
immigrant
rights
in
Montgomery
County,
Pennsylvania.
The
justification?
A
claim
that
ICE
agents
were
being
“stalked”

for
which
there
was
no
actual
evidence.

The
ACLU,
which
is
now
representing
several
of
these
targeted
individuals,
isn’t
mincing
words:


“It
doesn’t
take
that
much
to
make
people
look
over
their
shoulder,
to
think
twice
before
they
speak
again.
That’s
why
these
kinds
of
subpoenas
and
other
actions—the
visits—are
so
pernicious.
You
don’t
have
to
lock
somebody
up
to
make
them
reticent
to
make
their
voice
heard.
It
really
doesn’t
take
much,
because
the
power
of
the
federal
government
is
so
overwhelming.”

This
is
textbook
chilling
effects
on
speech.

Remember,
it
was
just
a
year
and
a
half
ago
in Murthy
v.
Missouri
,
the
Supreme
Court
found
no
First
Amendment
violation
when
the
Biden
administration
sent
emails
to
social
media
platforms—in
part
because
the
platforms
felt
entirely
free
to
say
no.
The
platforms
weren’t
coerced;
they
could
ignore
the
requests
and
did.

Now
consider
the
Philadelphia
retiree.
He
sends
one
polite
email.
Within
hours,
DHS
has
mobilized
to
unmask
him.
Days
later,
federal
agents
are
at
his
door.
Does
that
sound
like
someone
who’s
free
to
speak
his
mind
without
consequence?

Even
if
you
felt
that
what
the
Biden
admin
did
was
inappropriate,
it
didn’t
involve
federal
agents
showing
up
at
people’s
homes.

That
is
what
actual
government
suppression
of
speech
looks
like.
Not
mean
tweets
from
press
secretaries
that
platforms
ignored,
but
federal
agents
showing
up
at
your
door
because
you
sent
an
(perfectly
nice)
email
the
government
didn’t
like.

So
we
have
DHS
mobilizing
within
hours
to
identify
a
67-year-old
retiree
who
sent
a
polite
email.
We
have
agents
showing
up
at
citizens’
homes
to
interrogate
them
about
their
protected
speech.
We
have
the
government
trying
to
unmask
anonymous
accounts
that
are
documenting
law
enforcement
activities

something
that
is
unambiguously
protected
under
the
First
Amendment.

Recording
police,
sharing
that
recording,
and
doing
so
anonymously
is
legal.
It’s
protected
speech.
And
the
government
is
using
administrative
subpoenas
to
try
to
identify
and
intimidate
the
people
doing
it.

For
years,
we
heard
that
government
officials
sending
emails
to
social
media
companies

emails
the
companies
ignored

constituted
an
existential
threat
to
the
First
Amendment.
But
when
the
government
actually
uses
its
coercive
power
to
track
down,
identify,
and
intimidate
citizens
for
their
speech?

Crickets.

This
is
what
a
real
threat
to
free
speech
looks
like.
Not
“jawboning”
that
platforms
can
easily
refuse,
but
the
full
weight
of
federal
surveillance
being
deployed
against
anyone
who
dares
to
criticize
the
administration.
The
chilling
effect
here
is
the
entire
point.

As
the
ACLU
noted,
this
appears
to
be
“part
of
a
broader
strategy
to
intimidate
people
who
document
immigration
activity
or
criticize
government
actions.”

If
you
spent
the
last
few
years
warning
about
government
censorship,
this
is
your
moment.
This
is
the
actual
thing
you
claimed
to
be
worried
about.
But,
of
course,
all
those
who
pretended
to
care
about
free
speech
really
only
meant
they
cared
about
their
own
team’s
speech.
Watching
the
government
actually
suppress
critics?
No
big
deal.
They
probably
deserved
it.


DHS
Is
Hunting
Down
Trump
Critics.
The
‘Free
Speech’
Warriors
Are
Mighty
Quiet.


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Law-Related
Stories
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“Bitcoin
Jesus”
Avoided
Prison,
Thanks
To
One
Of
The
“Friends
Of
Trump”


The
Full
Orwell:
DOJ
Weaponization
Working
Group
Finally
Gets
Off
The
Ground


Measles
Has
Now
Begun
To
Infect
Immigrant
Detention
Camps

Morning Docket: 02.06.26 – Above the Law

*
The
most
popular
way
to
win
over
this
Supreme
Court
is
to
quote
Scalia.
Very
originalist
to
be
primarily
swayed
whose
seat
is
still
warm.,
[CNN]

*
Yale
Law
fires
its
law
librarian

one
of
only
three
Black
women
on
faculty

after
she
filed
a
complaint
which
itself
followed
an
internal
investigation
about
working
conditions
in
the
library.
[Yale
Daily
News
]

*
Starbucks
beats
back
Missouri
AG
lawsuit
over
“DEI”
policies.
[Reuters]

*
Lawyers
stepping
up
to
represent
ICE
victims.
[Law.com]

*
Uber
owes
$8.5M
in
sexual
assault
verdict.
[Law360]

*
Baker
McKenzie
layoffs
continue.
[Roll
on
Friday
]

*
EEOC
rescinds
anti-discrimination
guidance.
[ABA
Journal
]

Zimbabwe’s Mugabe latest former African leader to be mentioned in Epstein files

AFP/Getty
Images
Robert
Mugabe,
flanked
here
by
his
wife
Grace,
dominated
Zimbabwe’s
political
landscape
for
nearly
four
decades

In
an
email
exchange
from
2015
with
Japanese
entrepreneur
Joi
Ito,
the
disgraced
financier
suggested
they
approach
then-President
Mugabe
to
provide
Zimbabwe
with
a
new
currency
after
the
local
dollar
collapsed
because
of
hyperinflation.

FBI
documents
from
2017
also
released
had
unverified
testimony
from
a
“human
confidential
source”,
who
claimed
Epstein
was
a
wealth
manager
for
Russia’s
President
Vladimir
Putin
and
provided
the
same
service
for
Mugabe.

Being
named
among
the
Epstein
files
is
not
an
indication
of
wrongdoing.

The
BBC
has
asked
the
Mugabe
family
for
a
response.

Robert
Mugabe,
Zimbabwe’s
independence
leader
and
long-time
president,
died
in
September
2019
aged
95

two
years
after
being
ousted
in
a
coup.

Epstein,
a
well-connected
US
financier
and
convicted
sex
offender,
was
found
dead
in
prison
by
suicide
while
awaiting
trial
on
sex-trafficking
charges
in
August
2019.

He
had
been
convicted
in
2008
of
soliciting
sex
from
a
14-year-old
girl
in
Florida
and
completed
his
sentence
in
July
2010.

The
latest
tranche
of
files
released
by
the
US
Department
of
Justice
(DOJ)
show
the
email
correspondence
between
Joichi
“Joi”
Ito
and
Epstein
that
took
place
five
years
later.

In
response
to
the
email
about
providing
Zimbabwe
with
a
new
currency,
with
the
subject
“fertile
land
for
exploration”,
Ito,
whose
email
address
is
redacted,
asked
if
Epstein
was
friends
with
Mugabe,
to
which
he
replied:
“No,
but
can
easily
get
his
attention,
zimbabwe
would
be
a
great
petrie
dish,
its
also
supposed
to
be
beautiful.”

US Department of Justice A screengrab of an email conversation between Jeffrey Epstein and Japanese entrepreneur Joi Ito in June 2015 under the subject heading 'fertile land for exploration'.US
Department
of
Justice

Ito
resigned
in
September
2019
as
head
of
MIT’s
Media
Lab
over
donations
the
academic
centre
had
received
from
Epstein.

The
BBC
has
contacted
the
FBI
for
more
information
about
the
documents
contained
in
the
recent
release
of
Epstein
files

as
the
US
financier
would
have
been
violating
sanctions
had
he
been
Mugabe’s
wealth
manager.

Mugabe
was
put
under
US
sanctions
from
2003

and
US
companies
and
citizens
were
prohibited
from
trading
or
conducting
financial
transactions
with
him.

Zimbabwe
and
Mugabe
come
up
in
other
correspondence
in
the
Epstein
files.

An
email
written
in
April
2012
suggested
incorrectly
that
Mugabe
was
on
his
death
bed
in
Italy.

The
sender’s
full
name
and
email
are
redacted
but
the
message
is
signed
off
as
“jonathan”.
He
asks
Epstein
for
possible
contacts
in
the
country,
adding
“they
have
some
great
companies
if
this
guy
is
really
done
whi=h
he
is”.

US Department of Justice A screengrab of an email sent to Jeffrey Epstein in April 2012 alleging that Mugabe was on his death bed in Italy.US
Department
of
Justice

Mugabe
was
then
88
years
old

and
appeared
fit
and
well
days
later
on
his
return
from
Singapore
to
lead
independence
celebrations.

One
of
his
old
allies,
who
asked
to
remain
anonymous,
told
the
BBC
that
such
inaccuracies
suggested
the
information
on
Mugabe
was
fabricated.

Zimbabwe
is
still
governed
by
Mugabe’s
Zanu-PF
party

and
struggled
with
inflation
for
decades
following
the
abandonment
of
the
Zimbabwean
dollar
in
2009.

Several
attempts
to
introduce
a
new
currency
failed,
but
a
gold-backed
currency
called
the
Zig,
launched
two
years
ago,
has
managed
to
stabilise
the
economy after
a
shaky
start
 –
though
many
people
still
rely
on
the
US
dollar.

Post
published
in:

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