Author: TSA Press

HARARE – Zimbabwe’s passport-issuing service has ground to a halt, officials said on Monday, leaving many citizens trapped in the country as its economic crisis worsens.

Applicants for new or renewed passports face an indefinite wait as the government does not have the foreign currency to pay for special imported paper, ink and other raw materials.

Officials at the Registrar General Office told AFP that even if citizens want to pay for an urgent application for a passport, they face a minimum wait of 18 months before they can even submit their papers.

“Last month, the urgent applicants were being told to come back at the end of 2020,” said one official who spoke to AFP on condition of anonymity.

She added that non-urgent applicants were told that no date was available for when they can apply.

Millions of Zimbabweans have fled abroad in the last 20 years seeking work as hyperinflation wiped out savings and the formal employment sector collapsed.

Many others are now seeking to leave as conditions worsen under President Emmerson Mnangagwa, who had promised an economic revival after he succeeding long-ruling Robert Mugabe in 2017.

Official inflation is at nearly 100 percent — the highest since hyperinflation forced the government to abandon the Zimbabwe dollar in 2009 — while supplies of essentials such as bread, medicine and petrol regularly run short.

Power cuts often last 19 hours a day.

Isheanesu Mpofu, a 23-year-old unemployed university graduate, applied for a passport last November but is still waiting.

“I went back early June to check on it, and was told to check again in August,” Mpofu said, adding he wanted to visit his family abroad.

“Besides, it is my right to have a passport so I can travel whenever I want to,” he said.

Mnangagwa addressed the problem last month, saying a dispute with the printers over unpaid bills meant that a state-owned company would take over the job.

“They said they will not print any more passports because of legacy debts,” he said, claiming the money had now been paid.

A passport office official told AFP that only ten passports were being printed each day despite a reported backlog of 280,000.

“We have the capacity to clear the backlog in a very short time but all the machinery is lying idle right now,” she said.

Registrar General Clement Masango told AFP that he had no comment to add to the president’s remarks.

The surprise announcement will ease fears that the central bank might raid foreign currency accounts, as happened during Robert Mugabe’s rule in 2008. Central bank governor John Mangudya said people and companies in Zimbabwe currently hold $1.3 billion in foreign currency accounts.

Mangudya told a parliament committee that individuals would be allowed to withdraw up to $1,000 a day from their foreign currency accounts without restrictions but that companies would have to talk to their banks if they needed cash dollars.

The southern African nation, whose crops were scorched by a drought this year, is in the grip of foreign currency and fuel shortages and daily electricity cuts lasting up to 15 hours.

President Emmerson Mnangagwa, who replaced longtime leader Mugabe after an army coup in November 2017, is trying to repair an economy ruined by hyperinflation and a long succession of failed economic interventions. In May, his government agreed a staff-monitored program with the International Monetary Fund to help Zimbabwe implement coherent economic policies.

But a hoped-for turnaround is yet to materialize, and many Zimbabweans are distrustful of Mnangagwa’s promises.

Last week, the government renamed its interim currency, the RTGS dollar, the Zimbabwe dollar and made it the country’s sole legal tender, ending a decade of dollarization and taking another step toward relaunching a fully-fledged currency.

Mangudya said on Monday the country will initially print 400 million Zimbabwe dollars, to be gradually introduced into circulation to plug the gap left by the end of dollarization.

FEARFUL

Ncube had earlier told the same committee that individuals would be allowed to withdraw U.S. dollars in cash from their foreign currency accounts. He defended the surprise manner of the announcement and promised that Zimbabwe would not fall into money-printing of the kind that caused hyperinflation in 2008.

With inflation close to 100% last month and desperate levels of unemployment, Zimbabweans are impatient for progress but are fearful that abandoning dollarization will cause a new surge in prices. Unions are threatening strikes if Mnangagwa’s government does not overturn the policy.

More than 80% of Zimbabweans are paid in RTGS dollars but many goods and services are priced in other currencies.

“What we have is fiscal discipline of the highest quality,” Ncube said, adding that the national treasury had been running monthly budget surpluses and would raise public sector salaries this month.

Ncube said the official interbank market, where $525 million has been traded since its launch in February, would be allowed to freely determine the exchange rate.

The central bank’s dollar reference rate was 1:7.25 to the Zimbabwe dollar on Monday but some banks bought U.S. dollars at a rate as low as 8.96, in line with black market rates.

Ncube said the central bank’s decision last week to raise the overnight lending rate to 50% from 15% was temporary and meant to stop speculative borrowing by currency traders.

Post published in: Featured

Which law school is the first in the United States to publicly disclose that as of 2019-2020, it will have a yearly cost of attendance of more than $100,000?

Hint: The East Coast law school is a member of the T14 and counts a Supreme Court justice among its alumni.

See the answer on the next page.

Staci 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 Twitter or connect with her on LinkedIn.

So which Biglaw firm is the biggest of them all? Not like the firm that has the biggest cases or the most M&A deals but just big in the employs-the-largest-amount-of-lawyers kind of way. Well, good news for all you headcount acolytes out there — the 2019 National Law Journal 500 is officially here.

As you may recall, the NLJ 500 ranks firms by overall headcount — temporary and contract attorneys don’t count and any non-lawyer professionals do not either. The list is also focused on U.S.-centric firms, meaning they have more attorneys in the U.S. than any other country.

Before we start our counting expedition, let’s get some help from an old friend.

That was nostalgia inducing, wasn’t it? Anyway, without further ado, here is the NLJ 500 Top 10:

1. Baker McKenzie: 4,720
2. DLA Piper: 3,702
3. Norton Rose Fulbright: 3,376
4. Hogan Lovells: 2,636
5. Latham & Watkins: 2,540
6. Jones Day: 2,518
7. Kirkland & Ellis: 2,307
8. White & Case: 2,150
9. Morgan Lewis & Bockius: 2,015
10. Greenberg Traurig: 1,962

You can check out the rest of the rankings here.

Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Why Law Firms Are Moving to the Cloud

Why Law Firms Are Moving to the Cloud

Clio

For those who have been following the fight for registrability of scandalous and immoral trademarks, you may have heard that the Supreme Court of the United States (SCOTUS) recently issued its decision in Iancu v. Brunetti, a trademark case involving the USPTO’s refusal to register the trademark “FUCT.” In a win for First Amendment expression, SCOTUS sided with Los Angeles-based artist Erik Brunetti in permitting his trademark “FUCT” (in which he prefers to pronounce the letters individually as “F-U-C-T”) to proceed for federal registration. This decision may permit other potentially offensive trademarks to receive federal trademark registration, but there is definitely more to the story her the just registrability.

As I have written previously on this topic, the prospect of SCOTUS siding with Mr. Brunetti seemed more likely than not given its previous ruling in Matal v. Tam. In that case, SCOTUS ruled in favor of band-member/applicant Simon Tam of the Asian-American band The Slants regarding the application for federal registration of their band name, The Slants. Under Section 2(a) of the Lanham Act, a trademark is not federally registrable where such trademark ”[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute….” Originally refused registration by the USPTO based upon this prohibition on “disparaging” trademarks, Mr. Tam and his band were eventually vindicated by SCOTUS in a unanimous ruling holding the Lanham Act’s prohibition on disparaging trademarks an unconstitutional restriction on the First Amendment’s Free Speech Clause.   As a result, “disparaging” trademarks seemed to have a green light to registration.

In Iancu v. Brunetti,  SCOTUS dealt with the “immoral” and “scandalous” references in Section 2(a) of the Lanham Act, but not unanimously.  In a 6-3 decision authored by Justice Kagan, an interesting mix of justices (Ruth Bader Ginsburg, Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh) held that the prohibition under the law was overly broad, violating free speech because “it disfavors certain ideas” and was essentially discriminatory.  Looking at dictionary definitions to make the point, Justice Kagan wrote:

So, the Lanham Act allows registration of marks when their messages accord with, but not when their messages defy, society’s sense of decency or propriety. Put the pair of overlapping terms together and the statute, on its face, distinguishes between two opposed sets of ideas: those aligned with conventional moral standards and those hostile to them; those inducing societal nods of approval and those provoking offense and condemnation. The statute favors the former, and disfavors the latter. “Love rules”? “Always be good”? Registration follows. “Hate rules”? “Always be cruel”? Not according to the Lanham Act’s “immoral or scandalous” bar.

Interestingly, the dissenting justices indicted that they would have upheld Section 2(a) by construing it narrowly to ban “obscene, vulgar, and profane modes of expression.”  In other words, you are free to use such terms as a trademark, but the USPTO should not be compelled to recognize and permit registration of such “obscene, vulgar, and profane modes of expression.”

So you can register “scandalous” and “immoral” trademarks — now what?  As I wrote previously, just because you can do something doesn’t mean that you should do it.  More importantly, this decision will likely not create a “rush” to register such trademarks because many such terms (at least the colorful ones that one may let slip out from time to time) are not necessarily conducive to operating as a trademark.  Remember that trademarks operate to distinguish ones goods and services from those of another, or to designate origin — many “obscene, vulgar, and profane modes of expression” simply don’t do so on their own, and may require differences in spelling, logos, or other stylization along with acquired distinctiveness to qualify for such trademark protection.  Further, such expression is not limited to words — commonly known physical expressions (like “flipping the bird”) are not exempt from the requirements for valid trademarks.  As a result, I don’t see a rush to registering such marks anytime soon.

Although the decision is a victory for free expression, whether it will be a victory for trademark owners remains to be seen.  Not every business is conducive to using some form of “obscene, vulgar, and profane modes of expression” to distinguish its goods and services, and I would venture to say that not many are courageous enough to build a brand around it. Don’t get me wrong — I stand with the majority in the SCOTUS decision in this case because the statute engenders a “facial viewpoint bias” that cannot avoid a “viewpoint-discriminatory application.”  That said, your company (or client) should beware — not every person or business will be willing to create a brand around such controversial expression, and even if they do, such expression may not meet the requirements for federal trademark registration.  So, tread carefully when addressing “scandalous” or “immoral” trademarks for your company (or clients), as you may end find yourself on the receiving end of some “colorful” expression if you’re not careful.

Tom Kulik is an Intellectual Property & Information Technology Partner at the Dallas-based law firm of Scheef & Stone, LLP. In private practice for over 20 years, Tom is a sought-after technology lawyer who uses his industry experience as a former computer systems engineer to creatively counsel and help his clients navigate the complexities of law and technology in their business. News outlets reach out to Tom for his insight, and he has been quoted by national media organizations. Get in touch with Tom on Twitter (@LegalIntangibls) or Facebook (www.facebook.com/technologylawyer), or contact him directly at tom.kulik@solidcounsel.com.

South Florida has always been known as a destination for retirees and people who want a more laidback lifestyle. Even 13 years ago when I moved here, Miami felt like a second-rate city (especially in comparison to the cosmopolitan, world-class feel that the greater downtown Miami area possesses today). But over the past decade, law firms and businesses have been setting up shop throughout South Florida, with many organizations headquartering their Latin America operations here. 

Today, cities such as Miami and Ft. Lauderdale are attracting younger professionals from all over the country who have been looking for a better work/life balance and quality of life overall. If you are an associate attorney thinking about relocating, South Florida presents a multitude of opportunities for those looking to put down roots. 

The Law Firm Scene

Though many of the law firms in South Florida have been here for decades, over the past 10 years, many Am Law firms have decided to penetrate this market and open offices. Currently, South Florida is home to 39 Am Law 200 firms and counting. The ever-increasing investment into the area has led to a number of these firms adding a lot of top quality talent to their ranks, including a good number of associates who have relocated from other markets. In fact, according to the U.S. Bureau of Labor Statistics, the market has grown by more than 4,700 lawyers over the past decade — that’s a growth of more than 30 percent, three times faster than the rest of the job market.

What Firms Are Looking For

Many come here lured by the beaches, perceived relaxed lifestyle and lack of state income tax, but those that find the most success in the area are associates who have a tie to the area and a plan to make a home in Miami, Fort Lauderdale, and the surrounding cities. 

Considering the cost of hiring and training an attorney, law firms are most interested in those attorneys who are committed to making a career for themselves in the area and dedicating their career to this business community. There is a strong value on community, and in South Florida, you have to not only be relationship-focused but also work smart. 

The market is in rapid growth mode, so standing out is key. Firms typically want associates with three to six years of experience, top academic credentials and training from firms in the most sophisticated markets. However, being successful in another city does not always guarantee success here. Those from the East Coast tend to acclimate better than those from the West. As do those practicing in the most in demand areas: 

• General corporate (especially Mergers & Acquisitions and Private Equity) 
• General commercial litigation 
• International arbitration and dispute resolution 
• International tax 
• Commercial real estate 
• Land use 
• Insurance (mostly defense and coverage) 
• Labor and employment   

What Is Required to Practice 

If you are ready for the move and the commitment to the market, be aware that Florida does not offer reciprocity between other jurisdictions. Anyone who intends to practice law in the state must pass the Florida Bar. In order to sit for the Florida Bar exam, you must have graduated from a U.S.-accredited law school, which means foreign applicants will need more than an LL.M. 

This is often a huge shock to international associate attorneys who practice law in New York for a top-tier firm and possess an LL.M from a U.S.-accredited law school. Many, especially those from Latin America, think that the obvious next step in their career is relocation to Miami. This is just not possible even though Miami is becoming more and more of a hotbed for foreign investment.

While the Florida Bar is required, most firms are open to hiring candidates who are willing to sit for next Florida Bar exam — and willing to support them taking the time off to study for and take the exam. Many firms will also provide ample relocation packages to help cover moving expenses. 

Life in South Florida

South Florida is growing at rapid speeds, and Miami, in particular, is a city on the rise. Today, “Brickell” alone boasts Mary Brickell Village, which is filled with exclusive, high-end retail and restaurants. While Brickell City Center, a five-million square foot complex, spans more than five city blocks and contains high-end shops (Saks Fifth Avenue is their anchor store), office towers and a five-star hotel. Luxury high rise condominiums are continuously being built as more young professionals and foreign investors turn toward Miami as a place to live and/or invest. 

The Pérez Art Museum Miami (PAMM) and Frost Museum of Science are two great cultural additions to the “downtown” area of Miami’s business district. The annual Art Basel Festival, Miami Food & Wine Festival, and Miami Boat Show are just a few examples of the excellent cultural offerings that the city possesses. 

People are attracted to South Florida for the temperate climates and lower cost of living than other major East Coast cities. 

Working with a Recruiter

Teaming up with a tenacious, relationship-focused legal recruiter is the best move an associate can make before relocating to any city. A recruiter who has lived and worked in a particular market for a long time and has the backing of a strong, progressive recruitment firm will be able to provide guidance that is tailored to your goals and experiences. They will know the ins and outs of the local law firms and have access to both local and national information. They will also be able to guide you through every step of the process from applying to the firm and setting up interviews to negotiating relocation package.  

It is an exciting time to be in Miami. People are flocking here in droves from all corners of the world. Anyone who relocates here (including myself) and stays here really learns to love and appreciate this city. The best talent is in demand to help make this are one of the very best business centers in our country. If Miami is on your mind, reach out to a reputable legal recruiter. Together, we can help raise this city to its full potential. 

Judge Theresa Brennan, a suspended county judge in Michigan, has now been permanently removed from office and barred from running for judicial office again for six years.

A judge being forced from office isn’t the first time a judge has gotten booted from office for ethical lapses. It isn’t even the first time in Michigan. And there’s life after getting kicked off the bench — Roy Moore manages to keep coming back from repeated expulsions like the anthropomorphized strain of herpes that he is and the rehabilitation of Alex Kozinski that no one asked for appears well underway — yet it feels like Judge Brennan may not be able to mount a comeback after setting something of a land speed record on ethics charges.

How many ethical lapses do you think one judge can be found committing? Because let’s see if she topped it. From Courthouse News Service:

Brennan was found to have not disclosed a romantic relationship with a key witness in a murder trial she presided over….

Did Brennan’s relationship have an impact on the case? “[Brennan] told a court reporter she believed the accused was guilty based on conversations she had with Furlong.” So… yes. The conviction has since been overturned and the guy awaits a new trial.

The judge also failed to disclose a close personal relationship with an attorney who appeared before her in five trials between 2014 and 2016 and denied motions to disqualify herself in those cases.

The cop and an attorney? The only time something like that’s acceptable is if you’re casting a courtroom drama and you’re worried about introducing more characters so they just have to double up and date people at work.

She was also said to be highly abusive to employees as well as attorneys, witnesses and general litigants. Employees were forced to perform personal tasks for her during business hours and also work on her re-election campaign, according to court records.

Just some light election violations and misuse of public resources for good measure.

[Brennan also] did not immediately recuse herself from her own divorce case.

In retrospect, $4 million a month in alimony did sound a little suspicious.

At least there’s not anything else…

She defied an ex-parte motion to preserve evidence for the divorce trial and made false statements under oath when deposed about it. Last December, she was charged with perjury, tampering with evidence and misconduct in office.

We’re all for second chances around here, but maybe Judge Brennan should sit out the next couple years to catch her breath.

Michigan High Court Removes Embattled Judge From Bench [Courthouse News Service]