Take The Sick Day – Above the Law

I
hope
I
don’t
cause
an
uprising
in
corporate
America,
but
allow
me
provide
you
background
on
why
I
highly
encourage
in-house
counsel
to
take
the
sick
day,
if
they
or
their
kids
are
really
sick.

Part
of
it
could
be
that
it
is
my
current
lived
experience.
It
is
barely
2023,
but
starting
on
January
1,
almost
every
member
of
my
family
has
gotten
sick

the-can’t-keep-liquids-in
kind
of
sick.
It
was
my
11-month-old
(we
went
to
the
ER!),
then
my
husband,
then
my
5-year-old.
And
yesterday,
I
got
a
fever,
chills,
and
body
aches
but
luckily
can
hold
my
liquid.
The
only
one
standing
so
far
is
my
7-year-old
(fingers
crossed!).

Amidst
this
chaos,
I
was
very
relieved
that
I
could
let
my
team
know
and
use
one
of
my
10
available
sick
days.
That
way
I
didn’t
have
to
spend
extra
mental
energy
worrying
about
making
calls
and
responding
to
emails.
It
helped
with
the
“guilt”
of
not
showing
up
as
my
best
self.
While
my
generous
colleagues
offered
to
back
me
up,
I
didn’t
think
I
needed
it

and
instead
relied
on
my
trusty
away
message
to
let
clients
know
that
I
was
sick
and
that
if
it
couldn’t
wait
a
day,
to
call
my
cell.
For
what
it’s
worth,
I
had
two
calls.

Note,
I
am
not
a
proponent
of
using
sick
days
for
anything
other
than
a
sick
day,
and
I
really
only
use
them
when
I
feel
so
bad
that
I
can’t
think
or
type.
Last
year,
I
only
used
one
or
two.

At
the
same
time,
I
know
too
many
people
in
corporate
America,
especially
lawyers,
who
work
even
when
they’re
sick.
And
while
it
can
be
seen
as
admirable

to
be
so
committed
and
engaged
with
work
that
you
make
it
work
even
when
you’re
sick

that
view
can
be
short-sighted,
especially
if
you
make
it
a
habit.

One
reason
is
that
physically
and
mentally,
you
need
rest
to
get
better.
Working,
even
though
you’re
sick,
can
delay
your
recovery.

Another
reason
is
that
it
can
lead
to
burnout

and
resentment,
even
if
you
initially
choose
to
work
while
sick.
Candidly,
there
may
be
seasons
in
our
careers
that
we
may
feel
undervalued,
and
“they
didn’t
appreciate
me
working
while
I
was
sick”
is
one
we
do
to
ourselves.

The
big
proponent
for
me
is
culture

and
how
each
of
us
at
our
workplace
has
an
active
role
in
creating
it.
If
we,
as
professionals
and
leaders,
take
sick
days
when
we
need
it,
it
tells
others
that
it
is
OK
for
them
to
do
so
too.

It
is
not
a
sign
of
weakness.
It
is
not
a
sign
of
disengagement.
It
is
not
a
sign
of
lack
of
commitment.
It
is
a
sign
that
we
are
human

and
that
we
need
rest.

So
if
you’re
sick,
take
the
sick
day.




Meyling Mey Ly OrtizMeyling
“Mey”
Ly
Ortiz
is
in-house
at
Toyota
Motor
North
America.
Her
passions
include
mentoring,
championing
belonging,
and
a
personal
blog:
TheMeybe.com.
At
home,
you
can
find
her
doing
her
best
to
be
a
“fun”
mom
to
a
toddler
and
preschooler
and
chasing
her
best
self
on
her
Peloton.
You
can
follow
her
on
LinkedIn
(
https://www.linkedin.com/in/meybe/).
And
you
knew
this
was
coming:
her
opinions
are
hers
alone.

Associate Compensation Scorecard: Biglaw’s 2022 Bonus Bash – Above the Law


Firm

Date
Matched

Minimum
Hours

Payout
Date

Baker
McKenzie

Class
of
2021:
$20K
Class
of
2015+:
$115K FIRST
MOVER
November
21,
2022 Undisclosed February
10,
2023
Boies
Schiller

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K November
29,
2022 For
market
bonuses:
2000-2349
hours
for
regular
bonus;
2350-2599
hours
for
extraordinary
bonus
($30K
(pro-rated)-$150K);
2600+
hours
for
extra-extraordinary
bonus
($40K
(pro-rated)-$165K)) December
2022
Cravath

Class
of
2022:
$15K
(pro-rated)
Class
of
2015:
$105K November
29,
2022 None December
16,
2022
McDermott
Will
&
Emery

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K November
30,
2022 2000
hours
(“substantial
incremental
bonuses”
for
associates
who
went
“above
and
beyond”
in
hours
and
performance;
~65%
of
associates
will
earn
above
Cravath
scale) December
29,
2022
Holwell
Shuster

Class
of
2022:
$15K
(pro-rated)
Class
of
2016:
$105K November
30,
2022 None On
or
before
December
31,
2022
Skadden

Class
of
2022:
$15K
(pro-rated)
Class
of
2016:
$105K
or
$115K
Class
of
2015+:
$115K
or
$125K November
30,
2022 1800
“productive
hours”
(including
unlimited
pro
bono
time
and
up
to
150
hours
of
productive
non-billable
work) December
16,
2022
Fried
Frank

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
1,
2022 1850-1999
hours
for
up
to
25%
of
full
bonus;
2000-2199
hours
for
full
bonus;
2200-2449
hours
for
full
bonus
plus
15%
premium;
2450+
hours
for
full
bonus
plus
30%
premium On
or
before
December
31,
2022
Cleary
Gottlieb

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
1,
2022 None December
23,
2022
Davis
Polk

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
2,
2022 None December
30,
2022
Paul
Weiss

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
2,
2022 None December
22,
2022
Debevoise

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
2,
2022 None Undisclosed
Baker
Botts

Class
of
2021:
$20K
Class
of
2015+:
$115K December
2,
2022 None December
31,
2022
Paul
Hastings

Class
of
2021:
$20K
Class
of
2015+:
$115K December
2,
2022 2000
hours February
3,
2023
Hogan
Lovells

Class
of
2021:
$20K
Class
of
2015+:
$115K December
2,
2022 2000
hours
(including
up
to
150
pro
bono
hours
until
associates
meet
1850
hours,
then
unlimited
pro
bono
hours,
and
including
up
to
50
D&I
hours,
if
they
have
billed
at
least
1800
hours;
additional
bonuses
available
for
those
who
exceed
hours
minimums) December
30,
2022
Milbank

Class
of
2022:
$15K
Class
of
2014:
$115K December
2,
2022 None December
31,
2022
Freshfields

Class
of
2022:
$15K
(pro-rated)
Class
of
2015:
$115K December
2,
2022 None December
15,
2022
Ropes
&
Gray

Class
of
2022:
$15K
(pro-rated)
Class
of
2015:
$115K
Class
of
2014+:
$130K December
2,
2022 1900
creditable
hours
(increased
bonuses
for
associates
who
annualized
above
hourly
target) December
23,
2022
Willkie
Farr

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
2,
2022 None December
30,
2022
O’Melveny

Class
of
2021:
$20K
Class
of
2015:
$115K December
2,
2022 None February
28,
2023
Morgan
Lewis

Class
of
2022:
$15K
(pro-rated)
Class
of
2016:
$105K December
2,
2022 1900+
hours
(20
of
which
must
be
pro
bono
hours) January
31,
2023
Wilkinson
Stekloff

Class
of
2022:
$22.5K
Class
of
2015+:
$172.5K December
5,
2022 None December
15,
2022
Vinson
&
Elkins

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
5,
2022 Based
on
hours
and
good
standing;
“supplemental
bonuses”
available
for
associates
who
had
an
“exceptional
year” January
31,
2023
Cadwalader

Class
of
2022:
$15K
(pro-rated)
Class
of
2015:
$115K December
5,
2022 Additional
bonuses
“equal
to
120%
of
[market
bonuses]”
for
high
billers
with
2200
hours
or
more February
2023
Schulte
Roth
&
Zabel

Class
of
2022:
$15K
Class
of
2013:
$115K December
5,
2022 2000
hours;
below
1600
hours,
associates
receive
$5K
bonus;
at
1600
hours,
associates
receive
50%
of
bonus;
step-up
bonuses
from
$2.5K
to
$15K
for
reaching
2300
hours,
2500
hours,
and
2700
hours January
23,
2023
Glenn
Agre

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
5,
2022 None
(associates
eligible
for
“premium”
bonuses
based
on
“extraordinary
dedication
and/or
performance) December
16,
2022
Simpson
Thacher

Class
of
2022:
$15K
(pro-rated)
Class
of
2015:
$115K December
5,
2022 None December
28,
2022
Clifford
Chance

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
6,
2022 None
(based
on
overall
performance,
quality
of
work,
contributions
to
firm,
teamwork,
and
pro
bono) January
13,
2023
Dechert

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
6,
2022 1950
hours
(client
billable,
pro
bono,
firm
as
client,
maximum
of
50
community
hours);
associates
who
exceeded
hours
expectations
eligible
to
receive
an
“extraordinary”
bonus January
23,
2023
Sheppard
Mullin

A1:
$20K
C2:
$115K December
6,
2022 2000
hours
for
base
bonus
(associates
who
record
1900
and
1950
hours
will
receive
partial
bonuses;
associates
who
record
2200
and
2400
hours
will
receive
110%
and
120%
of
the
market
bonus) January
20,
2023
Akin
Gump

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
6,
2022 1950
hours
(including
with
pro
bono
hours,
general
counsel
hours,
business
development
hours,
and
up
to
100
hours
of
time
spent
on
recruiting,
diversity
&
inclusion,
and/or
innovation
activities);
associates
with
“exceptional”
performance
will
receive
larger
bonuses February
2023
Kramer
Levin

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K
Counsel:
Up
to
$120K December
7,
2022 Eligible
associates
in
good
standing
will
receive
bonuses February
15,
2023
Weil
Gotshal

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+
and
3-year
Counsel:
$115K December
7,
2022 None January
31,
2023
Mayer
Brown

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
7,
2022 NY:
1900
client
equivalent
hours;
Outside
NY:
2000
hours
for
base
bonus,
stub
years
not
included
(1900
CE
hours
required),
2100
hours
for
$23K-$132K,
2200
hours
for
$24K-$138K,
2300
hours
for
$$26K-$149.5K February
17,
2023
Linklaters

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
7,
2022 None December
30,
2022
Allen
&
Overy

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
8,
2022 None January
16,
2023
Ross
Aronstam

Class
of
2019:
$57.5K
Class
of
2015+:
$115K December
8,
2022 None December
15,
2022
Sidley

Class
of
2021:
$20K
Class
of
2014+:
$115K December
8,
2022 2000
hours
required
for
base
bonuses;
associates
with
“higher
productivity
and/or
exceptional
performance”
will
receive
additional
bonuses Prior
to
December
31,
2022
Cohen
Ziffer

Class
of
2021:
$20K
Class
of
2015+:
$115K December
8,
2022 None
(potential
for
larger
associate
bonuses
based
on
“extraordinary
performance
or
commitment”) December
16,
2022
Proskauer

Class
of
2022:
$15K
(pro-rated)
Class
of
2014:
$115K December
8,
2022 None December
23,
2022
White
&
Case

Class
of
2022:
$15K
(pro-rated)
Class
of
2014:
$115K December
9,
2022 Eligibility
criteria
detailed
in
separate
memo February
13,
2023
McKool
Smith

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
9,
2022 Undisclosed;
associates
who
bill
more
than
2200
hours
will
receive
additional
bonuses,
up
to
$170K December
20,
2022
Bursor
&
Fisher

Not
lockstep;
above
Cravath
scale
at
every
level;
top
bonus
of
$575K December
9,
2022 None
(based
on
criteria
like
business
origination
and
revenue) December
11,
2022
Elias
Law
Group

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
10,
2022 None
(based
on
performance,
billable
hours,
and
firm
citizenship);
attorneys
“exceeding
expectations”
may
receive
additional
bonus
money,
while
attorneys
with
work
“falling
below
expectations”
may
receive
bonuses
below
the
baseline December
2022
Winston
&
Strawn

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
12,
2022 2000
hours
for
market
bonus
(additional
$2K-$25K
for
every
hundred
hours
over
2000
for
Class
of
2018-2021;
additional
$4K-$30K
for
every
hundred
hours
over
2000
for
Class
of
2017+) January
31,
2023
Susman
Godfrey

Class
of
2020:
$85K
Class
of
2014:
$160K
(medians) December
13,
2022 None Undisclosed
Hueston
Hennigan

All
associates
in
good
standing
reportedly
received
above-market
bonuses
(many
at
least
$10K
above
market
for
their
class
year) December
13,
2022 Based
on
class
year,
hours,
and
good
standing Undisclosed
Perkins
Coie

Class
of
2021:
$20K
Class
of
2014+:
$115K December
13,
2022 1950
hours;
bonuses
are
majority
lockstep,
with
some
individualized
(using
this
scale
as
a
base);
bonuses
are
different
in
non-major
markets;
some
offices
have
high/low
ranges
for
sixth-years
and
above December
31,
2022
Covington

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
14,
2022 Based
on
hours
(bonus
scale
increased
by
10%
for
2200+
hours,
increased
by
another
10%
for
2400+
hours) January
2023
Reid
Collins
&
Tsai

Jr.
Assoc.:
$125K
avg
bonus
Sr.
Assoc.:
$150K
avg
bonus December
14,
2022 Based
on
work
product
and
results
generated Several
times
annually
Selendy
Gay
Elsberg

Class
of
2022:
$16.5K
Class
of
2015+:
$126.5K December
14,
2022 None
(some
associates
will
receive
even
more
bonus
money
“based
on
a
holistic
assessment
of
performance”) December
23,
2022
Fenwick

Class
of
2022:
$15K
(pro-rated)
Tier
1/Level
1:
$20K
Tier
3:
$115K December
15,
2022 1950
hours
(“Triple
R”
rewards
for
associates
who
bill
2100+
hours,
ranging
from
$3K
to
$12K;
condominium
program
rewards
for
associates
who
made
“extraordinary
contributions”
to
the
firm) December
30,
2022
Katten
Muchin

Class
of
2022:
$15K
(pro-rated)
Class
of
2021:
$20K
Class
of
2015+:
$115K December
16,
2022 2000
hours
(2100
hours
for
$22K-$126.5K;
2200
hours
for
$24K-$138K;
2300
hours
for
$26.5K-$149.5K;
2400
hours
for
$31K-$172.5K);
additional
“superstar”
bonuses
available February
1,
2023
DLA
Piper

Class
of
2021:
$20K
Class
of
2015+:
$115K December
16,
2022 Based
on
seniority,
performance
rating
(3,
4
or
5),
and
total
bonus
hours
(including
billable,
billable
equivalent,
pro
bono,
shadowing,
and
knowledge
management
hours);
incremental
increases
for
higher
bonus
hours 50%
bonus
on
December
30,
2022,
50%
bonus
on
January
27,
2023
Gjerset
&
Lorenz

Class
of
2022:
$20K
Class
of
2015+:
$130K December
16,
2022 2000
hours
(2100
hours
for
$27.5K-$150K;
2200
hours
for
$35K-$165K) December
31,
2022
Kellogg
Hansen

Class
of
2020:
$57.5K
median/$75K
high
Class
of
2015+:
$250K
median/$450K
high December
16,
2022 Undisclosed Undisclosed
Kaplan
Hecker

Class
of
2022:
$15K
Class
of
2015+:
$115K December
16,
2022 None
(associates
also
received
mid-year
bonuses
ranging
from
$5K-$15K) December
2022
Massumi
+
Consoli

Class
of
2022:
$2.5K
Class
of
2016:
$105K December
16,
2022 1900
hours
(associates
participate
in
“phantom
equity”
program
that
adds
more
bonus
cash
to
their
compensation) December
2022
Orrick

Assoc
Year
1
(Fall
’22):
$2.5K
Assoc
Year
1:
$20K
Senior
Assoc
Year
1+/Of
Counsel:
$115K December
16,
2022 1950
hours
(including
up
to
100
hours
of
a
combination
of
training,
DEI,
business
development,
innovation,
and
other
forms
of
firm
and
self-investment;
pro
bono
hours;
up
to
40
hours
of
time
devoted
to
unplugging) Undisclosed
Shearman
&
Sterling

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K December
16,
2022 None
(BUT
as
of
year-end,
the
firm
has
reportedly
been
enforcing
a
2023
hours
requirement
to
deny
2022
bonuses
to
associates,
by
(1)
using
a
10-month
look
back
period
(1/1-10/31);
(2)
applying
a
prorated
utilization
of
2050
hours;
and
(3)
counting
only
billable
and
pro
bono
hours
as
follows:
110%+
utilization
=
market
bonus;
100-109%
utilization
=
90%
of
market
bonus;
90-99%
utilization
=
75%
of
market
bonus;
0-89%
utilization
=
0%
of
market
bonus) December
30,
2022
Arnold
&
Porter

Class
of
2022:
$15K
Class
of
2015+:
$115K December
19,
2022 Based
on
hours
(10%
additional
bonus
for
2400-2499
hours;
15%
additional
bonus
for
2500-2599
hours;
20%
additional
bonus
for
2600+
hours) January
31,
2023
Kirkland
&
Ellis

Individualized,
above-market
bonuses
(but
less
so
than
usual) December
20,
2022 None Undisclosed
Irell
&
Manella

Class
of
2022:
$39K
(pro-rated)
Class
of
2015:
$168K December
20,
2022 None
(bonuses
inclusive
of
spring
plus
year-end
2022,
and
they
average
more
than
2x
total
“market”
bonuses) December
27
2022
Cozen
O’Connor

Class
of
2022:
$5K
(pro-rated)
Class
of
2016+:
$10K December
23,
2022 Special
bonuses
(pro-rated
based
on
hours
billed/time
when
assocs
joined
the
firm) December
30,
2022
Foley
Hoag

Class
of
2022:
$15K
(pro-rated)
Class
of
2015+:
$115K
Counsel:
$125K December
27,
2022 1850
hours
(full
bonus;
full
bonus
for
Class
of
2021
regardless
of
hours);
1700
to
1849.9
hours
(70%
bonus);
1700
hours
and
lower
(discretionary) December
31,
2022

Twitter’s ‘Cost Cutting By Not Paying Bills’ Now Going To Increase Legal Fees – Above the Law

It’s
no
secret
that
Elon
Musk
is
desperately
trying
to
cut
costs
at
Twitter,
the
company
he
overpaid
for
and
saddled
with
approximately
an
extra
billion
dollars
a
year
in
interest
payments
by
leveraging
the
buyout.
He’s
cut
staff
somewhere
around
75%
and
we
still
keep
hearing
rumors
of
further
cuts.
He’s turning
off
data
centers
 as
well.
Though,
as
part
of
all
this,
he’s
also driven
away
a
huge
percentage
 of
Twitter’s
revenue,
as
well
as
any
sort
of
momentum
towards
growth.

A
month
ago,
the
NY
Times
noted
that
one
of
Musk’s
cost
savings
techniques appeared
to
be
to
just
stop
paying
Twitter’s
bills
.


To
cut
costs,
Twitter
has
not
paid
rent
for
its
San
Francisco
headquarters
or
any
of
its
global
offices
for
weeks,
three
people
close
to
the
company
said.
Twitter
has
also
refused
to
pay
a
$197,725
bill
for
private
charter
flights
made
the
week
of
Mr.
Musk’s
takeover,
according
to
a
copy
of
a
lawsuit
filed
in
New
Hampshire
District
Court
and
obtained
by
The
New
York
Times.

There
are
also
a
bunch
of
other
stories
about
not
paying
law
firms
and
a
variety
of
other
vendors
as
well.
Last
week
there
were more
details
on
the
“data
center
closure”
order
 from
Musk
which,
as
we
had
heard
rumored,
was
done
haphazardly
with
little
advance
planning
or
care.


Elon
Musk’s
orders
were
clear:
Close
the
data
center.


Early
on
Christmas
Eve,
members
of
the
billionaire’s
staff
flew
to
Sacramento

the
site
of one
of
Twitter’s
three
main
computing
storage
facilities —
to
disconnect
servers
that
had
kept
the
social
network
running
smoothly.
Some
employees
were
worried
that
losing
those
servers
could
cause
problems,
but
saving
money
was
the
priority,
according
to
two
people
who
were
familiar
with
the
move
but
not
authorized
to
talk
about
it.

Of
course,
for
most
people,
not
paying
your
bills
is
not
seen
as
a
“cost
cutting”
move,
it’s
called
ruining
your
credit
and
risking
all
sorts
of
downstream
problems.
I
guess
when
you’re
filthy
stinking
rich
(even
if
you’ve lost
more
money
than
anyone
ever
 in
history),
it’s
called
“renegotiating.”

But
I
do
wonder
if
this
kind
of
“cost
cutting”
may
come
with
a
lot
more additional costs
than
someone
like
Musk
has
realized.
We’ve
already
talked
about
the
very
real
threats from
the
FTC
 and the
EU
 cracking
down
on
Twitter
for
violating
various
laws
and
agreements.
Those
can
come
with
massive
fines.

But
also,
all
this
“cost
cutting
by
not
paying
the
bills”
seems
to
be
turning
into
lawsuits.
Twitter
is closing
down
its
offices
in
Seattle
entirely
,
as
it’s
facing
eviction
for
not
paying
rent.
The
few
remaining
employees
were
apparently
told
to
work
from
home,
which
is
at
least
mildly
amusing
coming
less
than
two
months
after
Musk gave
everyone
an
ultimatum
 to
return
to
the
office
immediately.

But
now
there’s
at
least
one
landlord
who
is
suing.
Columbia
REIT,
which
manages
650
California
in
San
Francisco, is
suing
the
company
for
unpaid
rent
.
This
is not Twitter’s
headquarters
(where
it’s
also
been
reported
the
company
is
not
paying
rent)
at
1355
Market
Street.
Rather
this
was
some
office
space
that
Twitter
took
over
when it
purchased
 mobile
advertising
tech
firm
CrossInstall
in
2020.
That
deal
came
with
the
lease
on
CrossInstall’s
offices
at
650
California
St.
Rather
than
actually
use
the
space,
Twitter
apparently
has
been
subletting
it
out
to
Dentsu,
but
Twitter
is
still
responsible
for
the
rent.

From
the
documents,
it
appears
that
Dentsu
pays
Twitter
slightly
less
than
what
Twitter
has
to
pay
the
REIT
for
the
space.
So,
based
on
this,
it
is
possible
that
not
only
is
Twitter
not
paying
the
rent,
which
may
screw
over
Dentsu,
but
it
may
be
taking
the
money
from
Dentsu
in
the
meantime.

Still,
I
imagine
these
types
of
lawsuits
are
going
to
start
to
add
up,
and
the
legal
bills
associated
with
them
may
start
to
be
even
more
costly
than,
you
know,
paying
for
the
basic
things
Twitter
promised
to
pay
for.
Musk
may
think
he
can
get
away
with
that
by also not
paying
the
lawyers,
but
there
are
few
professions
I
know
of
that
get
more
pissed
off
about
being
stiffed
on
bills
than
lawyers.

He’s
Elon
Musk,
so
maybe
he’ll
get
out
of
all
of
this
as
well,
but
it
still
strikes
me
that
there
was
always
a
less
costly
way
to
do
this:
don’t
immediately
fire
everyone,
spend
some
time
figuring
out
where
you
can
cut
costs,
put
in
place
some
real
effort
to
retain
existing
revenue,
and
then
work
on
ways
to
renegotiate
other
contracts
while
still
paying
your
bills.

Otherwise,
this
“just
not
paying
any
bills”
and
having
to
sort
it
out
in
court
almost
feels
like
a
non-bankruptcy
bankruptcy,
but
without
any
of
the
protections
and
orderly
process
of
an
actual
bankruptcy.
It
seems
like
a
ridiculously
costly
way
to
“cut
costs.”


Twitter’s
‘Cost
Cutting
By
Not
Paying
Bills’
Now
Going
To
Increase
Legal
Fees


More
Law-Related
Stories
From
Techdirt:


Government
Continues
To
Rely
On
Private
Contractors
To
Bypass
Privacy
Protections


Big
Telecom’s
Quest
To
Tax
Big
Tech
For
No
Reason
Will
Cause
Massive
Internet
Instability,
Group
Warns


TSA’s
Opt-In
Facial
Recognition
Program
Doesn’t
Seem
All
That
Optional
In
Real
Life

CRM Banner

Morning Docket: 01.06.23 – Above the Law

*
Get
ready
professional
responsibility
nerds,
because
the
Supreme
Court
is
hearing
argument
on
the
scope
of
attorney-client
privilege
on
Monday.
[ABA
Journal
]

*
Twitter
hires
Perkins
Coie
despite
Elon
Musk’s
history
of
bashing
the
firm
for
its
work
on
behalf
of
Democrats.
I’m
starting
to
think
this
guy
doesn’t
have
a
firm
grasp
on
management.
[Reuters]

*
On
this
anniversary,
a
new
wrongful
death
lawsuit
targets
Trump
over
January
6
riot.
[MSNBC]

*
Pharmacies
plan
to
offer
morning
after
pills
in
states
where
it’s
still
legal.
[NY
Times
]

*
Speaking
of
commercial
pharmacies,
a
Walgreens
executive
finally
admitted
that
all
those
shoplifting
losses
that
the
company
claimed
would
run
them
out
of
business
were
totally
exaggerated.
[CNBC]

*
Prosecutors
win
right
to
use
the
word
“bribe”
in
a
case
about
Fox
executives
accused
of,
well,
bribing
people.
[Law360]

Maybe The Real Justice Is The Mergers We Make On The Way – See Also – Above the Law

(Photo
by
Mark
Wilson/Getty
Images)


You
know
that
weird
part
of
the
last
few
years
where
even
leftists
looked
back
fondly
at
the
Bush
administration
after
seeing
what
Trump
did
?:

At
this
rate,
future
party
leadership
could
make
us
miss
Trump
.


Michigan
Supreme
Court’s
new
Justice
is
the
first
of
many
:

She
must
have
killed
the
“So
why
do
you
want
to
work
here?”
part
of
the
interview.


Rule
1
is
that
you
should
not
misuse
client
funds
:

Not
sure
what
number
it
is,
but
not
misusing
federally
granted
funds
is
also
probably
high
up
on
that
list
.


As
expected,
counsel
defending
the
“Grab
her
by
the
pussy”
guy
doesn’t
seem
to
have
the
strongest
grasp
on
little
notions
like
“consent”
and
“violations
of
another’s
autonomy”
:

Trump’s
counsel
argues
that
raping
a
woman
doesn’t
count
as
a
“distinct
injustice”
.


This
New
Year’s
Resolution?
Make
friendships
out
of
competitors
:

This
firm
merger
will
be
a
force
to
reckon
with
.

Wishing A Very Happy New Year To Our Advertisers – Above the Law


You
know
that
weird
part
of
the
last
few
years
where
even
leftists
looked
back
fondly
at
the
Bush
administration
after
seeing
what
Trump
did
?:

At
this
rate,
future
party
leadership
could
make
us
miss
Trump
.


Michigan
Supreme
Court’s
new
Justice
is
the
first
of
many
:

She
must
have
killed
the
“So
why
do
you
want
to
work
here?”
part
of
the
interview.


Rule
1
is
that
you
should
not
misuse
client
funds
:

Not
sure
what
number
it
is,
but
not
misusing
federally
granted
funds
is
also
probably
high
up
on
that
list
.


As
expected,
counsel
defending
the
“Grab
her
by
the
pussy”
guy
doesn’t
seem
to
have
the
strongest
grasp
on
little
notions
like
“consent”
and
“violations
of
another’s
autonomy”
:

Trump’s
counsel
argues
that
raping
a
woman
doesn’t
count
as
a
“distinct
injustice”
.


This
New
Year’s
Resolution?
Make
friendships
out
of
competitors
:

This
firm
merger
will
be
a
force
to
reckon
with
.

Naomi Wolf Is Back On Twitter, Is Still Suing To Have Her Account Restored – Above the Law

Naomi
Wolf
(Photo
by
Jim
Spellman/WireImage)

Here’s
a
funny
story
about
Twitter
that
has
nothing
to
do
with
Elon
Musk!
Well

almost
nothing.
It
does,
however,
involve
the
former
president
and
his
ongoing
campaign
to
throw
flaming
sacks
of
dogsh*t
at
the
federal
docket
attached
to
$402
checks
to
cover
the
filing
fee,
so
our
regular
cast
of
miscreants
will
be
well-represented.

In
July
of
2021,
Trump

sued
Twitter,
Meta,
and
YouTube

for
tortiously
deplatforming
him.
His
theory
was
that
Congress’s
threats
to
reform
or
repeal
Section
230
of
the
Communications
Decency
Act,
which
immunizes
platforms
for
user-generated
content,
magically
transformed
the
platforms
into
servants
of
Reps.
Adam
Schiff
and
Nancy
Pelosi.
Having
thus
been
transubstantiated
into
government
actors,
their
suspension
of
Trump’s
account
amounts
to
government
censorship,
in
violation
of
the
First
Amendment.
TA
DAAAAA!

Or
more
like
BA
DUM
TSSSSSS.
In
May,
US
District
Judge
James
Donato

yeeted

the
Twitter
suit
into
the
sun
on
grounds
of shut
up,
that’s
not
how
any
of
this
works
.
(Well,
more
or
less.)
After
which,
Trump
appealed
to
the
Ninth
Circuit,

hiring

disgraced
former
Judge
Alex
Kozinski
to
disgrace
himself
even
more
by
carrying
this
rancid
water.
The
Circuit
has
not
yet
ruled,
but
the
District
Court
cases
against
Meta
and
YouTube
are

on
ice

pending
the
appeal.

In
the
meantime,
Trump’s
compadre
in
the
Twitter
suit,
COVID-truther
Naomi
Wolf,
filed
a

motion
for
indicative
ruling

in
August,
citing
“new
evidence”
of
government
coordination
with
the
company.
See,
one
time
the
CDC
pointed
to
one
of
her
tweets
as
misinformation,
and
thus
Judge
Donato
should
issue
an
order
stating
that
he
would
consider
granting
relief
to
Wolf
under
Rule
60
based
on
this
“newly
discovered”
evidence.
In
September,
Twitter

opposed
the
motion
,
saying
that
the
evidence
was
neither
new
nor
earth-shattering.

Judge
Donato
hasn’t
yet
ruled,
but
yesterday
he
issued
a

show
cause
order
 sua
sponte

wondering
why
this
motion
isn’t
moot.

Publicly
available
information
suggests
that
circumstances
may
have
changed
with
respect
to
Wolf’s
claims
and
Twitter’s
current
practices.
Consequently,
Wolf
is
directed
to
show
cause
in
writing
why
her
claims
present
a
live
controversy,
and
whether
her
request
for
an
injunction,
which
is
the
main
remedy
she
seeks,
is
tenable.

In
point
of
fact,
Wolf
had
her

Twitter
account

restored
after
Musk
bought
the
company,
as
has
Donald
Trump.
So
Wolf
is
now
free
to
hyperventilate
to
her
heart’s
content
that
COVID
shots
cause
infertility,
or
whatever
insane
nonsense
she
comes
up
with
tomorrow.
So
how
exactly
is
there
a
live
controversy
here?

Wolf’s
response
is
due
January
23.
No
doubt
it
will
be
reasoned
a
level-headed,
as
with
all
her
other
filings.

AHEM.


Trump
v.
Twitter

[Docket
via
Court
Listener]





Liz
Dye

lives
in
Baltimore
where
she
writes
about
law
and
politics.

The Longest In-House Goodbye That Wasn’t – Above the Law

Recently,
I
left
an
organization
where
I
had
served
as
its
general
counsel
for
over
five
years
to
work
for
another
organization.
The
decision
to
change
organizations
was
not
an
easy
one.
You
see,
for
me,
working
for
that
organization
was
more
than
just
a
job.
It
was
a
calling.
I
believed
with
all
my
heart
and
soul
that
my
work
for
that
organization
was
important
work.
The
work
meant
something
to
me.
Just
as
importantly,
it
meant
something
to
the
other
people
in
the
legal
department
who
showed
up
every
day
to
do
that
work
with
me.

On
the
evening
before
New
Year’s
Eve,
we
met
again
for
what
I
thought
would
be
a
final
goodbye

one
last
hurrah.
Of
those
of
us
that
had
gathered,
there
were
some
of
us
who
had
made
the
difficult
decision
to
leave
years
before;
there
were
others
of
us
who,
like
me,
made
the
difficult
decision
to
leave
recently;
and
there
were
still
others
of
us
who
were
still
in
the
throes
of
making
a
decision.

As
the
evening
wore
on,
I
realized
that
we
were
no
longer
bound
together
by
an
employer
and
a
shared
purpose.
We
were
now
bound
by
a
shared
experience.

How
did
our
legal
team
come
to
be?

Our
legal
team
was
not
created
overnight.
Our
legal
team
was
built
slowly
over
time.

  • With
    each
    new
    addition,
    we
    built
    and
    nurtured
    connections
    that
    grew
    into
    solid
    working
    relationships.
  • We
    expected
    nothing
    more
    from
    each
    other
    than
    what
    we
    expected
    from
    ourselves.
  • We
    respected
    each
    other
    and
    the
    unique
    skills
    and
    abilities
    we
    each
    brought
    to
    our
    work
    each
    day.
  • While
    I
    was
    charged
    with
    serving
    as
    the
    lead
    for
    that
    team,
    I
    was
    by
    no
    means
    the
    only
    leader.
    There
    were
    moments
    when
    each
    one
    of
    us
    stepped
    up
    and
    stepped
    in
    when
    the
    job
    called
    for
    it.
  • While
    we
    all
    had
    different
    roles
    to
    play,
    no
    one
    person
    was
    more
    important
    than
    any
    other
    person
    on
    our
    team.
  • While
    we
    worked
    hard,
    we
    also
    played
    hard.
    We
    did
    what
    we
    could
    to
    take
    time
    to
    blow
    off
    steam
    and
    laugh
    a
    little.
    Sometimes
    we
    did
    it
    together,
    but
    sometimes
    we
    did
    it
    on
    our
    own.
  • While
    we
    did
    not
    always
    see
    problems
    in
    the
    same
    way,
    everyone
    had
    a
    voice
    when
    we
    worked
    together
    to
    find
    a
    solution.
  • When
    the
    chips
    were
    down,
    I
    had
    no
    doubt
    there
    was
    always
    someone
    ready
    to
    jump
    in
    and
    help
    shoulder
    the
    burden.

Make
no
mistake.
It
was
not
always
rainbows
and
unicorns.
We
had
more
than
our
fair
share
of
highs
and
lows,
but
through
it
all
we
knew
we
could
count
on
each
other.
We
were,
after
all,
a
team.

When
the
evening
drew
to
a
close,
everyone
walked
out
to
their
cars
together.
It
was
in
that
moment
I
realized
that
this
long
goodbye
was
really
not
a
goodbye
after
all.
It
was
just
the
beginning
of
something
new.

Who
knows
what
2023
will
bring,
but
I
am
ready
for
it.

Goodbye,
2022.
Hello,
2023.




Lisa-Lang_241Lisa
Lang
is
an
in-house
lawyer
and
thought
leader
who
is
passionate
about
all
things
in-house. 
She
has
recently
launched
a
website
and
blog
Why
This,
Not
That™
(www.lawyerlisalang.com
)
to
serve
as
a
resource
for
in-house
lawyers. 
You
can
e-mail
her
at




lisa@lawyerlisalang.com



,
connect
with
her
on
LinkedIn 
(
https://www.linkedin.com/in/lawyerlisalang/)
or
follow
her
on
Twitter
(@lang_lawyer).