Republicans Scramble For A Legal Theory To Keep Harris Off The Ballot They Can Argue With A Straight Face – Above the Law

(Photo
by
Ethan
Miller/Getty
Images)

After
President
Biden’s
announcement
yesterday
that
he
is
withdrawing
from
the
presidential
race,
Democrats
heaved
a
great
sigh
of
relief
at
finally
breaking
out
of
the
three-week-long
news
hellcycle.
More
than
$50
million

poured
into

Vice
President
Harris’s
campaign
coffers.
Senator
Joe
Manchin
spent
seventeen
minutes

pretending

that
there
was
great
outcry
among
the
people
for
him
to
rejoin
the
Democratic
party
and
assume
its
nomination.
And
then
everyone
pinky
swore
to
stab
anyone
who
mentioned
a
Celebrity
Apprentice-style
convention
in
the
kidney.
Even
Aaron
Sorkin
woke
up
from
that

bender

and

disavowed

his
early
morning
decision
to
show
us
his
whole
ass,
including
that
unfortunate
tattoo
of
Mitt
Romney’s
face.

Over
on
the
other
side
of
the
aisle,
the
prospect
of
a
political
party
getting
its
house
in
order
seems
to
have
caught
them
flatfooted.

The
former
president
is
tweeting
through
the
Kübler-Ross
grief
cycle.

Screenshot Trump Truth Social posts whining that Biden didn't really mean to drop out.

Republicans
are
spitting
mad,
with
Laura
Ingraham
and
Steven
Miller
discovering
that
usurping
the
will
of
the
voters
is
bad
now,
actually,
and
demanding
to
vindicate
the
rights
of
the
poor,
benighted
Democratic
primary
voter.

They
filled
out
circles!
CIRCLES,
LAURA!

Over
at
the
Heritage
Foundation
they’re
channeling
Eli
Cash,
and
pretending
that
their

spiffy
draft
memo

that
talked
about
potential
court
challenges
to
a
replacement
nominee
after
the
convention
is
still
worth
the
pixels
it
was
written
on.
Sure
that’s
premised
on
the
theory
that
Biden
is
already
the
official
nominee.
But
until
24
hours
ago
he
was
the
presumptive
nominee,
and

what
if
those
things
are
the
same?

Meanwhile
Republican
election
lawyers
are
plotting
to
deprive
the
Vice
President
of
access
to
the
campaign
war
chest
on
the
theory
that
she’s

not
the
rightful
owner

of
funds
with
her
name
on
them

a
theory
so
ridiculous
it
just
might
work
in
the
Fifth
Circuit.

And
speaking
of
cope,
Republicans
have
recently
discovered
the
rule
of
“If
you
don’t
run
for
re-election,
your
party
is
constitutionally
required
to
25th
Amendment
you.”
No,
no,
don’t
ask
where
it
is
in
the
Constitution.
Just
take
Jonathan
Turley’s
word
for
it.

In
summary
and
in
conclusion,
the
Vice
President
is
either
a

spinster
cat
lady

or
a

brazen
hussy
.
And
probably

not
a
citizen
.
Also,
Joe
Manchin

will
not
accept

the
vice
presidential
nomination.

In
case
you
were
wondering
.





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Potential Dem VP Pick Comes After JD Vance – Above the Law

(Photo
by
Anna
Moneymaker/Getty
Images)

Well,
Joe
Biden
is
out
of
the
2024
race
for
president.
Dems
have
seemingly
coalesced
around
Kamala
Harris
for
the
top
of
the
ticket,
leaving
the
political
speculation
to
focus
on
who
will
be
the
Democratic
Vice
Presidential
candidate.

There
are
plenty
of

qualified
options
out
there
,
each
bringing
their
own
pluses
and
minuses
to
the
equation.
One
tantalizing
option
is
Kentucky
Governor
Andy
Beshear.
Beshear
stacks
up
well
against
the
Republican
VP
choice,
JD
Vance,
and
he’s
already

fielding
questions
from
mainstream
media

about
that
potential.
It’d
be
interesting
for
lawyerly-types
as
it’d
be
a
T14
law
school
matchup,
pitting
Beshar’s
UVA
Law
versus
Vance’s
Yale.

But
he
also
neutralizes
Vance’s
Appalachian
appeal.
Vance
got
famous
exploiting
his
family
in

Hillbilly
Elegy
,
and
likes
to
pretend
that
makes
him
a
man
of
the
people.
Yes,
he
thinks
you
can
fix
the
opioid
crisis
by

leaning
into
Big
Pharma
,
(which
very
much
feels
like
the
wrong
takeaway
that
anyone
who
truly
cared
about
the
devastation
prescription
narcotics
have
had
on
the
region

and
the
nation),
but
that
background
is
supposed
to
be
part
of
what
he
brings
to
the
GOP
ticket.

But
Kentucky’s
native
son
knows
better.
His
recent
appearance
on
MSNBC
gave
a
preview
of
the
snark
that
he
could
expect
from
a
VP
debate
between
Beshear
and
Vance.

“I
want
the
American
people
to
know
what
a
Kentuckian
is
and
what
they
look
like,
because
let
me
just
tell
you
that
JD
Vance
ain’t
from
here,”
Beshear
said.
“The
nerve
that
he
has
to
call
the
people
of
Kentucky,
of
eastern
Kentucky
‘lazy.’
Listen,
these
are
the
hard-working
coal
miners
that
powered
the
Industrial
Revolution,
that
created
the
strongest
middle
class
that
the
world
has
ever
seen,
that
powered
us
through
two
world
wars.
We
should
be
thanking
them,
not
calling
them
lazy.
So
today
was
an
opportunity
to
both
support
the
vice
president,
but
also
to
stand
up
for
my
people.
Nobody
calls
us
names,
especially
those
that
have
worked
hard
for
the
betterment
of
this
country.”

And
the
Harris
campaign
was
impressed.

(If
you
want
to
read
something
that’s
significantly
better
than

Hillbilly
Elegy

about
how
growing
up
in
Appalachia
reverberates
throughout
a
legal
career, check
out
Cassie
Chambers’s

Hill
Women
.)




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].

Police arrests, shootings decimate notorious armed robbery gang

HARARE

A
gang
of
suspected
armed
robbers
who
were
behind
the
widely
publicised
J
and
P
Security
robbery,
among
other
movie-style
thefts,
are
now
behind
bars
after
they
implicated
each
other
one
after
another.

The
suspects
are
army
Corporals
Owen
Mbayi,
37,
Simbarashe
Vhazhure,
33,
as
well
as
Sergeants
Promise
Mussa,
36
and
Farai
Chauke
aged
38.

Also
part
of
the
gang
are
Thembinkosi
Matutu,
47,
Batsirai
Hutsi,
21,
Innocent
Chawaguta,
37,
Tafadzwa
Chirinda
Charute,
36,
Tapiwa
Chigwaze,
39,
Winston
Matizanadzo,
46,
and
Kamuriwo 
Mudziwaona,
aged
39.

Those
who
died
in
a
shootout
with
police
are
Wonder
Amidu,
who
was
aged
53,
Tinashe
Takudzwa
Tricias
Munjerenjere
and
Norest
Prosper
Mutambudzi.


The
three
ran
out
of
luck
earlier
this
year
when
detectives
managed
to
track
a
stolen
mobile
phone
which
they
found
in
the
possession
of
Melody
Mudzimurema,
who
is
Chawaguta’s
girlfriend.

This
led
to
Matare’s
arrest
as
the
suspects
started
implicating
each
other
during
police
investigations.

According
to
a
recent
police
memo,
the
police
also
recovered
a
variety
of
firearms
which
include
a
303
Rifle
serial
number
6449
stolen
from
Exor
service
in
Shamva,
Star
pistol
serial
number
14191
a
6.35
Benardelli
VT
pistol
serial
number
70727,
Strybok
pistol
serial
number
ZA218739
stolen,
Unique
pistol
serial
number
646695,
Walther
pistol
with
erased
serial
numbers,
Star
pistol
serial
number
20601
all
stolen
from
stolen
from
J
and
P
security
in
Harare.

Also
recovered
were
12
bore
Pardus
shotgun
serial
numbers
69H22PT00008
stolen
from
number
798
Acacia
Road,
Windsor
Park
and

22
RG11
revolver
serial
number
8031
stolen
from
Maropafadzo
Service
Station
in
Murehwa.

The
first
group
of
suspects
appeared
in
court
in
April
and
were
remanded
in
custody
awaiting
trial.

On
April
6,
police
lured
Charute’s
wife
Tariro
Kasusu
to
their
station.

During
interviews,
she
stated
that
her
husband’s
real
name
is
Reuben
Mutamiri,
born
on
22
November
1989.

“They
conducted
a
search
at
Charute’
s
house
and
recovered
an
Astra
Cadix
revolver
serial
number
R271565
from
his
house.
Detectives
also
recovered
a
laptop
and
7
cell
phones
suspected
to
have
been
stolen
at
some
robbery
scenes,”
the
court
heard.

On
21
April
2024,
detectives
from
CID
Homicide
Harare
received
information
suggesting
that
Manhobo
was
involved
in
a
spate
of
armed
robberies
and
intended
to
meet
his
gang
at
Charge
office
bus
terminus
en
route
to
their
target.

Detectives
reacted
to
the
information
and
arrested
him
aboard
a
commuter
omnibus.

On
15
May
2024,
detectives
received
a
tip-off
suggesting
that
accused
Munjerenjere
who
is
now
late,
who
was
outstanding
on
these
cases
was
spotted
at
his
4th
wife,
Bridget
Mamvura
aged
17
years,
homestead 
in
Murisa
Village,
Chief
Seke.

Detectives
reacted
to
the
information
and
found
him
in
his
two
roomed
cottage
with
his
wife.

The
police
introduced
themselves
and
ordered
everyone
to
surrender.

Instead,
the
now
deceased
suspect
who
was
in
the
bedroom
closed
the
door
and
climbed
over
the
wardrobe.

“At
that
juncture,
he
got
out
of
the
room
through
the
roof
after
forcing
open
the
roofing
sheets
and
went
atop
of
the
roof
whilst
holding
a
pistol.

“Detectives
who
were
outside
fired
warning
shots
ordering
him
to
get
down
and
surrender
but
he
did
not
comply.

“Instead,
the
accused
person
jumped
onto
one
of
the
detectives
who
were
standing
on
the
ground.
At
that
juncture,
shots
were
fired
towards
him
and
he
sustained
some
gunshot
wounds
on
the
lower
limbs
and
he
fell
to
the
ground.
A
blank
pistol
was
recovered
from
him,”
reads
the
police
memo.

It
was
discovered
that
the
suspect
was
already
nursing
a
gunshot
wound
on
his
right
lower
leg.

He
was
interviewed
and
stated
he
sustained
the
injury
during
the
shootout
with
detectives
at
Trek
Chinhamo
along
Seke
road
where
he
managed
to
escape.

He
further
implicated
all
his
accomplices
including
others
still
outstanding.

Searches
were
conducted
from
his
house
and
2
x
explosives
fuses,
and
2
x
dynamites
were
recovered.

Munjerenjere
was
rushed
to
Parirenyatwa
Hospital
for
treatment
where
he
was
pronounced
dead
upon
admission.

Matutu
who
was
arrested
on
July
14
2024
implicated
all
the
accomplices
and
one
Prosper
Mutambudzi
who
is
now
dead.

He
lured
Mutambudzi
to
Epworth.

Detectives
approached
him
and
he
immediately
withdrew
a
firearm
from
his
waist
and
started
firing
some
shots
towards
them.

The
detectives
retaliated
and
managed
to
subdue
him
after
he
jumped
over
a
security
wall
into
Domboramwari
Primary
School.

“The
accused
person
had
in
his
possession
a
9mm
blank
pistol
loaded
with
3
x
9mm
live
blank
cartridges,
one
of
which
was
in
the
chamber
was
subsequently
recovered.
Detectives
recovered
2
x
9mm
blank
spent
cartridges
at
the
scene.”

Mutambudzi
had
sustained
some
gunshot
wounds
on
the
lower
abdomen.

He
was
rushed
to
Parirenyatwa
Hospital
for
medical
attention
where
he
was
pronounced
dead
upon
arrival.

Matutu,
who
was
in
police
custody
also
lured
Hutsi.

Detectives
laid
an
ambush
and
Hutsi
tried
to
run
away
before
he
was
shot
on
the
lower
limbs
and
subsequently
arrested.

He
was
searched
and
had
a
magazine
loaded
with
8
x
9mm
live
cartridges
in
his
trousers’
pocket.

The
suspects
have
other
cases
which
are
currently
being
investigated.

Chiwenga not anointed to lead Zanu PF after Mnangagwa: party spokesman

HARARE

Vice
President
Constantino
Chiwenga
is
not
a
shoo-in
to
be
Zanu
PF’s
next
leader
when
President
Emmerson
Mnangagwa’s
second
and
final
term
ends
in
2028,
according
to
party
spokesman
Christopher
Mutsvangwa.

Mutsvangwa
also
denied
the
existence
of
a
pact
between
Mnangagwa
and
Chiwenga,
that
the
latter
would
succeed
him
after
they
seized
power
through
a
military
coup
in
November
2017.

Mnangagwa
also
cannot
endorse
anyone
to
succeed
him,
Mutsvangwa
said
in
an
interview
published
on
Sunday,
because
“Zanu
PF
is
not
a
church
where
people
can
be
anointed,
and
the
president
is
not
the
Pope
or
the
Archbishop
of
Canterbury
who
anoint
priests.”

“If
you
think
you’re
worth
it,
go
and
sell
yourself
to
the
people.
If
you
clamour
for
anointment
by
the
president,
it
means
you
have
failed
the
litmus
test
of
being
a
Zanu
PF
leader,”
Mutsvangwa
told
The
Standard.


“Zanu
PF
is
not
a
secret
society
and
there
is
no
secret
agreement
on
succession.
People
are
going
to
vote
their
leaders
from
the
grassroots
level.”

Mutsvangwa
is
reported
to
quietly
harbour
ambitions
to
be
the
party’s
next
leader,
and
his
pointed
comments
criticising
Chiwenga’s
apparent
advantage
in
the
race
to
be
the
party’s
next
leader
will
put
him
on
a
collision
course
with
the
vice
president’s
allies.

Mutsvangwa
also
accused
Chiwenga,
a
retired
general,
of
being
a
reluctant
participant
in
the
2017
coup
that
ousted
former
President
Robert
Mugabe.

“Some
of
us
were
very
involved
in
this
thing
in
2017,”
he
said,
“We
know
where
the
allegiances
of
each
and
every
person
lay
at
that
particular
time
but
we
don’t
mention
it.”

He
appeared
to
suggest
that
Chiwenga
held
a
secret
meeting
with
Mugabe
while
the
coup
was
in
progress
as
he
wavered
on
whether
to
see
it
through.

“Everyone
who
goes
into
politics
and
has
ambitions
to
be
a
leader
must
pay
by
the
rules,
especially
of
a
revolutionary
democratic
party,”
Mutsvangwa
said.
“Zanu
PF
is
not
Makandiwa’s
church
where
he
can
have
himself,
his
wife
and
his
kids
and
his
followers
and
say
this
is
my
church.
President
Mnangagwa
is
an
elected
leader
of
a
revolutionary
democratic
party,
there
is
no
godly
anointment
in
Zanu
PF.”

Mutsvangwa
said
even
if
Mnangagwa
were
to
endorse
Chiwenga
as
his
successor,
this
would
be
resisted.

He
railed:
“You
want
to
become
a
leader
by
induction,
like
a
magnet
saying
‘because
I
am
a
piece
of
iron
I
must
also
be
magnetised
by
the
president?’
Even
if
the
president
said
there
is
a
secret
agreement,
we
would
censor
him.

“That’s
why
the
president
was
very
clear
on
his
tenure.
He
cleansed
himself.
Why,
when
he
has
done
his
job
very
well
as
a
democrat,
would
he
choose
to
exit
by
donating
the
seat
to
someone
else?”

Mnangagwa’s
supporters
have
been
urging
him
to
extend
his
term
beyond
the
two-term
constitutional
limit,
but
he
insisted
earlier
this
month
that
he
would
retire
when
his
second
and
final
term
ends.

Zanu
PF
last
held
its
elective
congress
in
December
2022
and
the
next
one
is
due
in
2027
when
Mnangagwa’s
successor
is
likely
to
emerge.

The
military
plays
a
major
role
in
Zanu
PF
internal
politics
and
could
still
make
a
decisive
intervention
in
support
of
its
favoured
candidate.

Auditor General flags loopholes within ZEC’s financial management systems

HARARE

The
Auditor-General
(AG)
has
exposed
critical
weaknesses
in
the
Zimbabwe
Electoral
Commission’s
(ZEC)
financial
management
practices,
potentially
contributing
to
the
multi-million-dollar
corruption
scandals
that
engulfed
the
electoral
body
ahead
of
the
disputed
2023
elections.

A
report
by
the
AG
highlights
lack
of
financial
expertise
within
ZEC’s
audit
and
risk
committee,
which
was
an
illegal
merger
of
the
audit
and
risk
committee
hence
failing
to
comply
with
government
regulations.

“The
Commission’s
Audit
and
Risk
Committee
had
no
members
with
accounting
and
financial
expertise,”
reads
the
report
in
part.

“In
addition,
the
audit
committee
was
combined
with
the
risk
management
committee
contrary
to
sections
92
and
94
of
the
First
Schedule
of
the
Public
Entities
Corporate
Governance
Act
[Chapter
10:31]
which
requires
every
public
entity
to
have
essential
committees
which
include
Audit
Committee,
Risk
Committee,
Dispute
Resolution
Committee
and
Remuneration
Committee.


“The
Commission
had
no
key
policy
documents
to
regulate
its
operations.
Policies
covering
risk
management,
procurement,
information
technology
and
whistle
blowing
were
not
in
place.”

The
AG’s
report
also
revealed
that
outdated
accounting
procedures,
with
manuals
not
updated
since
2012,
worsened
the
electoral
body’s
financial
credibility
and
integrity.

One
of
the
probable
reasons
why
ZEC
experienced
payment
challenges
is
the
erstwhile
Real
Time
Gross
Settlement
(RTGS),
used
as
a
surrogate
currency
by
the
country,
during
nomination
court
payments.

The
Auditor
General’s
findings
also
shed
light
on
the
environment
that
may
have
camouflaged
recent
corruption
scandals
unearthed
within
the
controversial
poll
management
authority.

In
June
this
publication
exposed
questionable
procurement
practices,
including
the
purchase
of
non-essential
items
at
inflated
prices
and
the
bypassing
of
public
tender
procedures.

ZEC
ordered
2,000
non-flushable
toilets
on
the
eve
of
the
August
2023
elections
at
a
cost
of
US$7.6
million,
astronomically
inflated
at
US$3,800
per
unit
when
they
retail
for
about
US$300
in
South
Africa,
and
were
only
delivered
in
April
this
year
eight
months
after
the
election.

The
electoral
body
also
splurged
US$5,4
million
on
gadgets
to
display
digital
V11
polling
station
forms
for
last
August’s
elections
also
bought
at
inflated
prices
which
only
delivered
months
after
the
polls.

Recommendation
by
the
AG
in
her
report
included
ZEC
strengthening
its
financial
management
practices
through
the
implementation
of
robust
policies,
qualified
personnel,
and
updated
procedures
is
essential
to
ensure
transparency,
accountability,
and
prevent
future
financial
improprieties.

Replacing Joe Biden With Kamala Harris On The Democratic Ticket Is Not A ‘Coup’ – Above the Law

Kamala
Harris
(Photo
by
NOAH
BERGER/AFP/Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


With
news
of
President
Joe
Biden’s
withdrawal
from
the
presidential
race,
some
Republicans
are
claiming
he
cannot
be
removed
from
the
presidential
ballot
in
November
and
in
any
case
it
is
undemocratic
to
do
so.
The
first
claim
is
legally
unsupported
and
the
second
one
is
ludicrous.
I
fully
expect
the
Democrats’
legitimate
nominees
for
president
and
vice
president
to
be
listed
on
the
ballot
in
November.


It
takes
a
special
kind
of
chutzpah
for
Trump
supporters
to
say
it’s
a
“coup”
when
Democrats
conduct
a
fair
and
democratic
process
for
replacing
a
withdrawn
candidate.
Trumpists
could
learn
a
lot
about
the
democratic
process
in
watching
what’s
happening
on
the
other
side
of
the
aisle.




Professor

Richard
Hasen

of
UCLA
Law,
a
noted
election
law
scholar,
in
a
column
written
for

Slate
,
where
he
gently
chides
Republican
detractors’
“legal”
claims
concerning

Joe
Biden’s

decision
to
leave
the
presidential
race
and
his
ultimate
support
for
Vice
President

Kamala
Harris

as
his
successor
nominee
for
the
Democratic
party,
saying,
“Democrats
coming
together
with
a
fair
vote
and
choosing
another
nominee
after
the
leading
candidate
has
withdrawn
is
an
example
of
the
process
working,
not
failing.”



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
.

Senior Attorney Harasses Associates With Nudes, Nazi Definitions – Above the Law

(Image
via
Getty)

The
practice
of
law
hinges
on
established
lawyers
sharing
with
their
junior
associates.
Tips,
templates,
you
need
those
things
to
stand
on
the
shoulders
of
giants.
But
there
are
some
things
that
you
really
should
keep
to
yourself
— 
kicks,
nudes,
and
one’s
interest
in
sharing
Nazi
lore
ranking
highly
on
that
list.

Law360
has
coverage
:

A
solicitor
bullied
junior
colleagues
in
profanity-laced
rants
and
showed
a
paralegal
pornographic
pictures
on
his
phone,
the Solicitors
Regulation
Authority
 told
a
tribunal
Monday.

Domenico
Pisano
“abused
his
authority”
as
a
director
in
Dominic
Levent
Solicitors
Ltd.
to
harass
and
abuse
six
junior
members
of
staff
at
the
London
law
firm,
counsel
for
the
SRA
told
the
Solicitors
Disciplinary
Tribunal.

Given
the
amount
of
time
nonsense
like
this
happens,
a
good
heuristic
moving
forward
for
anyone
in
a
senior
position
to
ask
themselves
is:
“Does
what
I’m
about
to
have
a
junior
associate
do
actually
pertain
to
the
job
at
hand?”
Such
guided
questioning
could
have
prevented
this
from
happening:

Pisano
ordered
the
younger
man
to
sit
on
a
chair
and
read
the
definition
of
“the
Night
of
the
Long
Knives”
on
a
browser

a
reference
to
Adolf
Hitler
consolidating
his
power
in
the
1934
killing
of
other
Nazi
leaders,
including
Ernst Röhm,
the
head
of
the
SA,
the
party’s
original paramilitary wing.

“Whilst
sitting
in
the
respondent’s
chair,
the
respondent
began
shouting
at
Mr.
Briggs,
who
describes
him
being
so
close
in
his
personal
space,
that
his
saliva
was
projected
on
to
his
face,”
Edwards
said.

Pisano
kept
shoving
the
chair
on
which
Briggs
was
sitting
toward
the
wall,
making
the
other
man
fearful
he
would
be
physically
assaulted,
Edwards
added.
The
solicitor
then
kicked
a
bag
on
the
floor
with
such
force
that
his
foot
connected
with
Briggs’
ankle,
leaving
him
“on
the
verge
of
tears.”

This
is
an
easy
case
of

“I’m
just
a
law
clerk”

if
I’ve
ever
seen
one.
Dominic
Levent
offers
a
range
of
services
that
could
help
you
with

civil
litigation,
debt
recovery,
or
business
matters
.
Not
sure
how
learning
about
“The
Night
of
Long
Knives”
relates
to
any
of
those
areas
of
practice.
It
shouldn’t
be
that
hard
to
expect
your
seniors
to
keep
their
demands
to
billable
matters.


Foul-Mouthed
Lawyer
Showed
Junior
Colleague
Lewd
Pix

[Law360]



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.

Top 50 Biglaw Firm To Ditch Office, Move To Hybrid Work Plan For Lawyers In Miami – Above the Law

It
wasn’t
long
ago
that
Biglaw
firms
began
flocking
to
Miami,
Florida,
where
the
only
thing
hotter
than
the
sun
is
the
area’s
prospects
as
a
stellar
secondary
market.
With
brick-and-mortar
offices
opening
there
left
and
right,
last
month,
one
of
the
Am
Law
100
firms
that
opened
up
shop
there
in
2019
announced
plans
to
ditch
its
current
office
in
favor
of
a

more
progressive
framework
.

Morrison
&
Foerster

a
firm
that
brought
in
$1,343,000,000
gross
revenue
in
2023,
putting
it
at
No.
38
in
the
Am
Law
100

broke
news
that
after
its
lease
expires
at
the
end
of
the
year,
it
will
“transition
to
a
flexible
office
space
model.”
At
the
time,
we
questioned
what
this
could
mean,

wondering
,
“Is
the
firm
moving
to
a
virtual
office
like
Husch
Blackwell’s
Link,
adopting
a
WeWork-style
environment,
or
hoteling
its
attorneys
in
a
new
space?
We
suppose
we
shall
see.”

According
to
the

Daily
Business
Review
,
we
now
know
what’s
going
on
at
MoFo
Miami.
It’s
nine
local
attorneys
will
be
working
remotely
and
using
WeWork
offices
on
an
as-needed
basis.
(We
love
being
right!)

As
noted
by
Pat
Cavaney,
the
firm’s
chief
operating
officer,
“At
this
point
in
time,
we
have
no
other
plans
[to
go
fully
hybrid
in
other
markets].
One
of
the
things
we
want
to
do
is
see
how
this
model
works
for
us.”
Cavaney
went
on
to
say
that
while
he
doesn’t
think
there
will
be
an
issue,
“[W]e’ll
be
watching,
undoubtedly
making
a
few
tweaks
in
terms
of
how
we
do
certain
things.”

Best
of
luck
to
Morrison
&
Foerster
on
its
new
hybrid
work
operations
in
Miami!
Will
the
firm’s
decision
inspire
more
of
its
Biglaw
brethren
to
make
similar
moves?
Stay
tuned.


Why
Morrison
&
Foerster
Is
Transitioning
Into
a
Hybrid
Office
Model
in
Miami

[Daily
Business
Review]


Earlier
:

Top
50
Biglaw
Firm
Isn’t
Shuttering
Its
Miami
Office,
But
Moving
To
A
More
‘Flexible’
Office
Alternative



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
.

NCBE Messed Up, Bro, California Kicked Them Out Of The Bar – Above the Law

The
California
Bar
had
a
problem.
Administering
the
bar
exam
costs
money
and
the
licensing
process
found
itself
in
the
red.
Working
with
the
National
Conference
of
Bar
Examiners

a
non-profit
with

$151
MILLION
in
net
assets


had
the
California
outfit
running
a
roughly
$4
million
deficit.
Between
the
direct
expense
of
working
with
the
NCBE
and
the
administrative
costs
involved
in
booking

dangerously
frigid
conference
venues

because
the
NCBE
requires
the
exam
be
taken
in
person,
officials
proposed
ditching
the
bar
exam
monopoly
and

having
bar
prep
provider
Kaplan
produce
a
new
test
.

After
some

initial
hesitation
,
California
will

make
the
switch

opening
the
door
to
a
new
challenger
in
the
bar
exam
game.

Kaplan
will
produce
a
multiple
choice
test
for
the
February
2025
exam,
with
an
essay
and
performance
questions
arriving
in
2026.
This
is
a
tight
turnaround

driven
by
the
dire
financial
situation

but
the
alternative
is
the
NCBE’s
NextGen
Bar
Exam,
which
legal
educators
recently
called
out
for

having
a
disastrously
rushed
and
murky
rollout
.
So
there’s
a
lot
of
risk
for
applicants
either
way.

It’s
unclear
which
of
the
logistical
proposals
under
consideration
made
it
to
the
final
cut

one
included
a
hybrid
remotely
proctored
option
and
another
involved
using
Kaplan
prep
facilities
in
lieu
of
having
to
book
giant
venues
(with
the
added
advantage
of
saving
applicants
the
expense
of
traveling
across
the
giant
state
for
the
test).
Either
way,
Cal
saved
money.

From
the
ABA
Journal:

Public
discussions
for
California’s
plan
for
Kaplan
to
create
an
exam started
in
May
 but
were
put
on
hold
after
the
NCBE
wrote
Kaplan,
reminding
the
test
prep
company
that
creating
questions
based
on
NCBE-produced
tests
could
violate
their
licensing
agreement.

After
negotiating
with
Kaplan,
“we
believe
that
the
copyright
concerns
have
been
addressed,”
Bridget
Gramme,
special
counsel
at
the
State
Bar
of
California,
said
at
the
Thursday
board
of
trustees
meeting.

Since
Kaplan
wasn’t
about
to
lift
exam
questions
verbatim,
the
NCBE
was
apparently
trying
to
assert
intellectual
property
rights
around
the
whole
idea
of
asking
legal
questions.
Bold.
And,
unsurprisingly,
something
they’ve
now
dropped.

California
is
a
big
domino
to
fall
in
the
bar
exam
game.
The
ABA
Journal
reports
that
Nevada
is
already
“Kaplan
curious.”
If
this
gathers
momentum,
it’s
hard
to
imagine
rival
prep
companies
stay
out
of
the
action.

No
matter
how
the
next
few
years
play
out,
it’s
an
uncertain
moment
for
law
students.


New
Paths
for
Licensure:
California
confirms
Kaplan
bar
exam,
Arizona
launches
second
chance
program

[ABA
Journal]


Earlier
:

The
California
Bar
Is
Flat
Broke
And
Its
Plan
To
Fix
This
Involves
Throwing
Out
The
Existing
Bar
Exam


California
Bar
Risks
Going
Bankrupt
Rather
Than
Change
Its
Exam


Bar
Exam
Rollout
Dumpster
Fire
Should
Terrify
Law
Students




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 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
.

Navigating The Complexity: CobbleStone Contract Insight Delivers Centralized And AI-Backed Contract Management – Above the Law

The
demand
for
contract
lifecycle
management
solutions
has
never
been
stronger,
and
to
meet
that
demand,
CobbleStone
Software
provides
a
highly
configurable
solution
called
CobbleStone
Contract
Insight.
There
are
many
challenges
to
managing
the
contract
lifecycle,
including
decentralized
contract
storage,
contract
language
and
clause
limitations,
a
lack
of
version
control,
delays
and
mistakes
in
contract
approvals
and
signatures,
missed
key
dates
and
workflow
tasks,
and
missed
contract
renewal
opportunities.
CobbleStone
Contract
Insight
is
a
comprehensive,
end-to-end
CLM
solution
that
transforms
static
contracts
into
dynamic,
efficient
building
blocks
for
oversight,
risk
mitigation,
and
opportunity
identification.
Staff
members,
counterparties,
employees,
and
other
key
stakeholders
can
leverage
a
user-friendly
portal
and
simple
intake
forms
to
submit
a
new
request.
The
portal
also
features
internal
reviews,
streamlining
the
process
of
gathering,
tracking,
reviewing,
and
approving
contract
requests.
Companies
can
assemble
and
configure
essential
contract
data
fields
to
produce
consistent
documents.


CobbleStone’s
AI
Capabilities
Empower
Effective
Drafting

Drafting
contracts
has
been
simplified
in
CobbleStone
through
the
power
of
several
native
AI
tools.
CobbleStone
Contract
Insight
leverages
VISDOM,
its
powerful
AI
engine
backed
by
machine
learning
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that
streamlines
data
insertion,
extraction,
evaluation,
and
risk
identification.
Data
entry
and
extracting
critical
details
like
dates,
monetary
values,
and
counterparties
is
automated.
VISDOM
assesses
risk
by
analyzing
document
text
on
a
rules-based
sentiment.
You
can
upload
files
and
convert
requests
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contract
records
without
data
loss
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consistency
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Users
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leveraging
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Team
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details.

CobbleStone’s
Auto-Redlining
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contract
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and
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based
on
preferred
contract
clause
versions
to
standardize
terminology,
improve
consistency,
and
ensure
accurate
language.
The
contract
library
is
entirely
configurable
for
the
company’s
needs.
See
Figure
1.

Fig 1 Clause-Replacement-1920×853

Figure
1:
CobbleStone
Contract
Insight
offers
an
auto-redlining
feature
powered
by
VISDOM
AI.
Handle
auto-redlining
directly
or
set
it
up
to
execute
whenever
a
contract
record
receives
a
.docx
file
attached.
CobbleStone
shows
the
clause
menu
to
the
right
of
a
Word
document
(or
within
the
comparable/similar
CobbleStone
native
online
editor),
and
a
CobbleStone
toolbar
is
available
to
assist
with
edits.

IntelliDraft.ai
is
a
generative
AI
tool
for
real-life
clause
search
and
generation
with
a
user-friendly
chatbot
interface
that
searches
through
thousands
of
example
clauses.
Contract
teams
input
key
search
terms,
and
IntelliDraft.AI
returns
relevant
results
and
generates
configurable
clauses
based
on
your
needs.
The
resulting
clause
can
be
copied
directly
from
IntelliDraft.AI.
Additionally,
users
can
summarize
the
language
of
a
clause
or
generate
another
clause
variation
for
different
versions
of
the
clause.

IntelliXtract
identifies
and
extracts
legal
terms
using
natural
language
processing
and
recognizes
structured
data
and
legal
phrases
with
fuzzy
logic
matching.
CobbleStone’s
Theory
Calculator
provides
automated
data
analysis
and
on-screen
recommendations,
enhancing
visibility
and
strategy
throughout
contract
lifecycle
administration.


Workflows
Tailored
to
How
Your
Company
Works

Based
on
request
types,
data
fields,
and
rules,
CobbleStone
enables
automated
workflows
for
contract
approval.
Users
can
approve
or
reject
contract
requests
directly
within
the
workflow,
and
automated
alerts
and
notifications
ensure
timely
action
on
contract
events
and
milestones—eliminating
bottlenecks.
CobbleStone
features
a
workflow
visualizer
that
shows
contract
approval
expectations,
ensuring
a
team
is
on
the
same
page.
CobbleStone
populates
key
dates,
making
it
easier
for
team
members
to
meet
deadlines,
and
users
can
track
their
obligations
using
tools
such
as
My
Dashboard
and
My
Calendar.
See
Figure
2.

Fig 2 Software-My-Calendar-1920×965

Figure
2:
My
Calendar
helps
users
stay
informed
about
critical
contract
milestones
by
displaying
contract
and
task
alerts,
including
expiration
dates,
review
dates,
and
expiration
notification
dates.


Analysis
Through
Powerful
Reporting

CobbleStone
Contract
Insight
provides
comprehensive
real-time
tracking
and
reporting
features
for
contract
management,
enhancing
financial
visibility
and
decision-making.
Financial
tracking
assists
in
budget
management
by
logging
payments,
income,
and
other
financial
transactions
and
data
related
to
contracts.
Companies
can
configure
fields
to
capture
specific
information
relevant
to
their
business.

Graphical
dashboards
display
key
performance
indicators
(KPI),
making
the
information
easily
accessible.
Financial
and
KPI
dashboards
provide
an
overview,
including
budget
details
and
transaction
history.
Because
the
dashboards
are
configurable,
users
can
visualize
critical
financial
metrics,
identify
trends,
and
monitor
compliance.
The
contracts
KPI
dashboard
compares
current
contract
performance
data
to
the
previous
year,
displaying
contract
and
budget
amounts,
contract
diversity
by
department,
and
contracts
expiring
within
30
days.
The
contracts
overview
dashboard
presents
an
executive
summary
of
contract
statistics
and
highlights
contracts
assigned
to
employees,
upcoming
expirations,
and
active
requests.
Contracts
can
be
visualized
by
department,
showing
counts,
total
values,
trends,
and
patterns.
These
dashboards
empower
users
with
essential
insights
right
when
they
enter
the
system,
promoting
efficient
contract
management.
See
Figure
3.

Fig 3 Dashboard full size screenshot

Figure
3:
CobbleStone
Contract
Insight
offers
executive
graphic
dashboards
that
enhance
contract
analytics
and
data-driven
decision-making.
Users
can
choose
which
dashboard
to
view
via
a
drop-down
menu.
In
this
dashboard,
users
can
see
contracts
by
status,
type,
department,
contract
values,
number
of
pending
or
expiring
contracts,
and
open
tasks.


Integrations

There
are
hundreds
of
plug-and-play
interfaces
and
integrations
between
CobbleStone
Contract
Insight
and
third-party
technology
solutions.
These
include
integrations
with
popular
tools
used
by
legal
teams,
such
as
Adobe
Acrobat
E-Sign,
DocuSign,
SignNow,
CobbleStone’s
own
IntelliSign®,
and
other
signature
systems,
as
well
as
integrations
with
legal-focused
products
like
issue
management,
case
management,
and
billing.


Pricing

CobbleStone
offers
multiple
pricing
options
and
works
with
you
to
review
features
and
help
determine
the
best
edition
to
fit
your
needs.
The
entry-level
subscription–Express
Edition–starts
at
$59
per
user
per
month
and
offers
considerable
features
at
a
very
reasonable
price,
such
as
configurable
fields,
key
date
notifications,
unlimited
contract
storage,
and
searching
and
reporting.
The
main
product–Enterprise
Edition–varies
in
price
depending
on
several
aspects,
such
as
the
deployment
strategy,
which
offers
options
for
on-premises
installation
and
SaaS/cloud
deployment.
CobbleStone
also
provides
unlimited
contract
storage
with
named
or
concurrent
user
licenses.


Latest
Developments

  • Preferred
    clause
    replacement

    users
    can
    quickly
    and
    easily
    obtain
    side-by-side
    clause
    comparisons
    and
    system-provided
    suggestions
    for
    clause
    replacement
    recommendations
    based
    on
    language
    within
    the
    third-party
    document
    and
    standard
    language
    within
    their
    clause
    library.
  • IntelliDraft.AISM

    CobbleStone®
    released
    a
    portal
    that
    includes
    support
    for
    client
    requirements
    around
    clause
    support/management,
    access
    to
    a
    library
    with
    up
    to
    1
    million
    clauses,
    generative
    artificial
    intelligence
    (AI)
    clause
    creation
    from
    real
    machine
    learning
    data,
    contract
    summarization,
    a
    user-friendly
    chatbot,
    and
    more.
  • ConfigAISM

    to
    speed
    the
    adoption
    of
    contract
    management
    software,
    CobbleStone’s
    ConfigAI
    can
    offer
    proactive
    contract
    lifecycle
    management
    (CLM)
    field
    suggestions
    for
    contract
    clause
    metadata
    fields.
  • Auto-Redline

    users
    can
    establish
    automatic
    redlining
    upon
    upload
    or
    redline
    documents
    on
    an
    as-needed
    basis.
    They
    may
    also
    easily
    see
    and
    manage
    automated
    redlines
    and
    comments
    with
    thorough
    audit
    trails.
    CobbleStone
    Auto-Redline
    is
    compatible
    with
    Word
    and
    CobbleStone’s
    native
    online
    document
    editor.
  • VISDOM+

    ask
    the
    VISDOM®
    Assist
    chatbot
    system-related
    questions
    and
    receive
    answers
    powered
    by
    OpenAI.
    Additionally,
    VISDOM
    will
    identify
    contract
    obligations
    for
    user
    review,
    and
    users
    can
    ask
    about
    applicable
    laws
    and
    compliance
    regulations
    such
    as
    GDPR,
    CCPA,
    and
    OFAC
    and
    generate
    related
    clauses.


Who
is
CobbleStone?

CobbleStone’s
headquarters
are
in
New
Jersey,
with
employees
across
the
USA
and
offices
in
Canada,
the
UK,
and
Australia,
with
plans
to
continue
expanding
globally.
CobbleStone
has
offered
contract
management
software
for
more
than
25
years.
They
serve
more
than
1,300
clients
globally
in
over
25
industries,
including
manufacturing,
government,
banking,
healthcare,
pharmaceuticals/life
sciences,
and
energy.
The
corporate
legal
and
procurement
departments
of
Fortune
1000
and
mid-market
companies
comprise
the
majority
of
the
user
base,
and
the
system
offers
department-wide
benefits
as
well.
Enterprise
deployments
allowing
users
throughout
an
organization
to
submit
contracts
and
see
their
status
via
role-based
dashboards
have
become
considerably
more
widespread.


Why
Buy
CobbleStone?

  • CobbleStone
    is
    purposefully
    built
    software
    that
    simplifies
    and
    enhances
    the
    entire
    contract
    management
    lifecycle.
  • AI
    functionality
    is
    incorporated
    in
    multiple
    processes
    to
    improve
    productivity
    and
    save
    time
    and
    money.
  • Clients
    can
    configure
    the
    platform
    to
    meet
    their
    needs.
  • CobbleStone
    offers
    significant
    resources
    and
    support
    and
    can
    assist
    companies
    in

    making
    a
    case
    for
    Contract
    Management
    Software.


See
CobbleStone
Contract
Insight
Today!


Schedule
a
demo

to
learn
more
about
how
to
benefit
from
CobbleStone
Contract
Insight
or
sign
up
for
a

free
trial
.
CobbleStone
also
attends
and
hosts

a
variety
of
events

throughout
the
year.