Faking A Stroke Seems Like A Hell Of A Way To Delay A Murder Trial – Above the Law

Really?
A
stroke?

If
a
lawyer
were
inclined
to
improperly
buy
a
client
more
time
before
a
high-profile
murder
trial,
it
just
feels
like
there
are
a
lot
of
strategies
to
tick
off
the
checklist
before
“pretend
you
had
a
stroke.”
Like,
you’d
have
to
have
every
relative
and
college
roommate,
and
pet
die
before
going
the
stroke
route,
wouldn’t
you?

That
doesn’t
necessarily
mean
attorney
Matthew
Tucker
faked
a
stroke
to
get
out
of
appearing
at
his
client’s
trial,
but
it
certainly
leaves
me
inclined
to
give
him
the
benefit
of
the
doubt.
As
it
happens,
Judge
Shana
Rooks
Malone
was

not
inclined
to
give
Tucker
that
benefit

and
instead
held
him
in
contempt
and
said
that
she
would
report
him
to
the
state
bar
because,
“There,
however,
is
no
indication
that
he
had
a
stroke.”

What,
exactly,
does
counsel
need
to
provide
beyond
having
someone
inform
the
court
that
“a
stroke
has
been
had”
that
suffices
here?
The
judge
notes
that
this
isn’t
the
first
time
Tucker
has
been
late
to
court,
suggesting
that
her
suspicions
are
heightened
due
to
a
pre-existing
pattern
of
behavior
(even
if
it’s
a
pattern
of
behavior
that
could
indicate
a
pending
stroke).

Fair
enough…
but

stroke
.

That’s
a
pretty
big
hammer
to
pull
out
if
it’s
not
true.
When
Tucker
returns
to
court,
is
he
going
to
show
lingering
physical
symptoms
of
the
condition.
The
much-ballyhooed
but
ultimately
inconsequential
John
Fetterman
debate
demonstrated
the
difficulties
that
plague
someone
recovering
from
a
stroke.
Tucker
presumably
isn’t
likely
to
bound
into
the
courtroom
and
declare
the
stroke
a
non-event,
meaning
he’s
either
locked
himself
into
a
long
and
complicated
web
of
lies
or…
he
actually
had
a
stroke.

“He
failed
to
follow
the
rules
of
the
court
in
notifying
the
court,”
the
judge
added.
Maybe
a
traumatic
brain
event
is
one
of
those
occasions
where
we
can
ease
up
on
the
rules?

Again,
maybe
the
judge
is
right
and
this
is
all
a
ruse.
We
just
don’t
know.

But
where
the
judge
is
absolutely
right
is
her
suggestion
that
this
defendant
needs
a
new
attorney.
Because
if
he
faked
a
stroke,
that’s
a
huge
problem,
and
if
he
actually
had
a
stroke,
that’s
potentially
an
even
bigger
problem
for
someone
on
trial
for
murder
over
the
next
month
or
so.
Let
the
attorney
concentrate
on
recovery.

Here’s
the
whole
statement
from
the
judge
per
Law
&
Crime’s
live
coverage
of
the
case:


Murder
Trial
Delayed
as
Judge
Doubts
Absent
Defense
Lawyer
Actually
a
Had
a
Stroke,
Finds
Him
in
Contempt
and
Threatens
to
File
Grievance
with
the
Bar

[Law
&
Crime]


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
.

Dear Law Professors, Please Take Pity On Swifties And Do Not Call On Them Today – Above the Law

Taylor
Swift
(Photo
by
Frazer
Harrison/Getty
Images)

A
University
of
Kentucky
law
professor,

Josh
Douglas
,
took

to
Twitter
today

to
ask
the
masses
a
burning
ethical
question:
should
Swifties
currently
in
the
verified
fan
presale
queue
be
exempt
from
being
on
call
today?

You
know
the
answer
all
too
well,
unless
you
want
bad
blood

or
worse,
bad
karma

you’ve
got
to
give
them
a
pass.
Fail
to
do
so,
and
then
don’t
blame
me
when
they
wish
you
death
by
a
thousand
cuts.
Taylor
taught
them
no
body,
no
crime.

Fortunately,
most
respondents
agree
with
Leah
Litman’s
obviously
correct
take.

Hopefully,
Douglas
had
an
epiphany
and
gave
the
mega
fans
some
peace
and
a
break
from
being
on
call.
After
all,
they’re
also
learning
about
the
law
while
waiting
in
a
seemingly
endless
virtual
line
on
a

website
that
kept
crashing
.
And
that
has
everything
to
do
with
antitrust
law.

Swifties
are
about
to
pull
some
vigilante
shit
on
Ticketmaster.

Congrats
if
you
were
the
lucky
one
and
had
the
best
day
and
scored
some
seats.
If
not,
so
it
goes…
Better
luck
on
the
resale
market.




Kathryn
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).

Elon’s Utter Failure With Twitter Could Have Been Avoided If He’d Just Read The Classics – Above the Law

How
many
Twitters
would
an
Elon
F**k
if
an
Elon
could
F**k
up
Twitter?

One,
but
as
it
turns
out,
he’s
doing
it
remarkably
quickly.
Twitter
is
losing
integrity

quicker
than
a
wheeled
polyhedron’s
windows
being
shattered
with
a
steel
ball

and
I
am
100%
here
for
it.


@loloverruled

This
is
incredible.
I
forgot
to
mention
they
got
rid
of
the
“official”
badge
and
had
to
bring
it
back
this
morning
at
like
2
am
because
of
all
the
bad
parody
accounts
LMAO



original
sound

Lolo

You
see,
this
is
what
happens
to
narcissistic
tech
types.
You
take
your
emerald
mine
wealth,
you
launder
it
in
the
public
imaginary
as
being
self-made,
profit
off
of

Technofeudalism

and
make
people
think
its
because
you’re
smart
and
not
because
you’re
abusing
“too
big
to
fail”
economic
systems,
and
then
you
buy
your
vanity
project.

People
use
this
success
story
as
a
motivation
to
funnel
funding
into
STEM
(because
what
are
you
doing
if
you’re
not
modeling
children’s
futures
after
whatever
billionaires
are
doing)
and,
as
an
opportunity
cost
in
an
arbitrarily
zero-sum
educational
system,
funding
is
taken
from
the
arts.

Which
is
too
bad,
because
that’s
what
Musk’s
problem
ultimately
comes
down
to

aesthetics.
From
creating
a
hive
mind
(Neuralink),
conquering
the
stars
(Space
X
),
to
controlling
the
digital
commons
(Twitter),
Musk
has
displayed
wild
degrees
of
Hubris.
And,
no
one
in
his
circle
will
tell
him
when
he’s
doing
things
wrong

because
he
promptly
fires
them:

And
if
you’re
thinking
“Hey!
That’s
what
you
get
when
you
correct
a
boss
publicly

it
should
have
been
done
in
private!”:

It
is
hard
to
deny
the
truth
(even
though
Elon
dirty
deleted
the
tweets)
that
Chief
Twit
fired
a
dude
because
the
notion
that
someone
knew
more
than
him
in
public
was
too
heavy
a
cross
to
bear:

No
one
will
be
there
to
protect
him
when
Nemesis
comes.
And
by
Nemesis
I
mean
his
multi
billion
dollar
investment
going
belly
up

very

shortly
after
he
touched
hands
on
it.

This
is
why
we
need
the
humanities,
people!
The
commons
are
at
stake
without
them!

Anyone
worth
their
salt
in
aesthetics
could
have
seen
this
coming
a
mile
away
back
when
he
posted
that
accursed
Elden
Ring
build.

TWO
MED
SHIELDS
ELON?!

I’ll
be
honest
with
you

I
can’t
see
how
this
doesn’t
hop
fence
into
Elon’s
other
endeavors.
His
failure
is
its
own
metaphor.
The
only
reason
he
doesn’t
have
to
worry
about
the
risk
that
the
“one
time
he
let
a
$44B
ego
purchase
tank
a
stable,
long
running
tech
giant
within
3
weeks
time”
will
end
up
on
Twitter
is
because
Twitter

is

the
$44B
ego
purchase
that
he
tanked.
It
isn’t
a
question
of

if

this
shit
will
go
viral,
the
question
is

when

(well,
it
technically
is
because
he
may
tank
the
platform
where
it
would
go
most
viral).
When
his
broad
daylight
failure
hits
the
fan,
do
you
think
people
will
still
have
faith
in
their
Tesla
stock?
Space
X?
Hell,
I
wouldn’t
be
surprised

if
Dr.
Robotnik
immediately
distances
himself
from
any
association
with
emeralds

after
a
fuck
up
this
royal.

The
best
thing
about
this?
A
guy
whose
current
shtick
is
stoking
the
“Anti-Socialist
Moderate”
sycophants
who
are
too
afraid
to
openly
admit
that
they’re
just
simping
for
the
richest
man
in
the
world,
may
actually
have
pulled
off
one
of
the
biggest
left
wins
for
anti
capitalism
in
recent
history.

Thanks,
Comrade.



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 cwilliams@abovethelaw.com and
by
tweet
at @WritesForRent.

CRM Banner

Want Your Full Biglaw Bonus? Better Get Back To The Office…. – Above the Law


Firms
are
being
much
stricter
about
attendance
and
tying
it
to
bonuses
and
retention,
because
they
can
now.
A
year
ago,
they
couldn’t.





Andrew
Detherage
,
managing
partner
of
Barnes
&
Thornburg,
in
comments
given
to
the

American
Lawyer

on
how
Biglaw
firms
may
be
leveraging
their
office
return
policies
against
their
associates’
bonuses.
Detherage
went
on
to
explain
that
while
his
firm
doesn’t
have
a
specific
number
of
office
days
in
mind
for
associates,
“[We]
expect
lawyers
to
work
in-person
and
be
engaged
regularly.
And
we’ve
allowed
some
flexibility
there,
but
also
really
encouraged
our
people
to
come
back.”



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

Twitter

or
connect
with
her
on

LinkedIn
.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


Twentieth Annual Directors’ Institute on Corporate Governance – Practising Law Institute


Why
You
Should
Attend

In
this
fast-changing
environment,
Boards
must
grapple
with
ever-changing
expectations
and
responsibilities,
including
oversight
of
complex
operational
issues,
risk
management,
board
succession,
executive
compensation,
disclosure
and
responsiveness
to
and
communication
with
shareholders
pressing
different
concerns.
In
addition,
new
laws
and
regulations,
and
pressure
from
institutional
shareholders,
have
put
new
requirements
on
companies
and
on
boards.
Looking
forward,
what
additional
changes
can
boards
expect
to
face?
At
this
renowned
Institute,
leading
corporate
governance
experts

directors,
government
officials,
corporate
counsel,
and
consultants

will
share
their
perspectives
on
successfully
navigating
the
fast-changing
regulatory
environment,
and
the
steps
boards
will
want
to
consider
taking
to
meet
these
ever
changing
expectations
and
pressures.


What
You
Will
Learn

After
completing
this
program,
you
will
gain
an
understanding
of

  • the
    Board’s
    Role
    in
    Overseeing
    Privacy
    and
    Data
    Security
    Privacy
    laws,
    Data
    Localization,
    Cybersecurity
    and
    Beyond
  • the
    ESG
    Landscape
    for
    Directors,
    including
    ESG
    reports,
    risks,
    as
    well
    as
    regulatory
    and
    investor
    expectations
    of
    Board
    expertise
  • the
    evolving
    role
    and
    expectations
    of
    Boards
    and
    Committees
  • criminal
    and
    regulatory
    enforcement
    concerns
    for
    corporate
    directors
  • hot
    topics
    for
    Boards,
    including
    Rule
    10b5-1
    plans,
    benefit
    issues,
    PAC/Political
    activity
    issues,
    company
    culture,
    and
    risk
    management
    issues


Who
Should
Attend

This
program
is
designed
for
those
sitting
in
the
boardroom,
in
addition
to
experienced
corporate
and
securities
attorneys
with
responsibility
for
advising
officers,
directors
and
other
senior
company
officials
on
their
governance
matters
and
issues.


Program
Level:

Update


Intended
Audience:

Those
sitting
in
the
boardroom,
in
addition
to
experienced
corporate
and
securities
attorneys
with
responsibility
for
advising
officers,
directors
and
other
senior
company
officials
on
their
governance
matters
and
issues.


Prerequisites:

A
background
in
governance
issues,
and
advising
Boards.


Advanced
Preparation:

None  

Law Students: What Was OCI Like For You? – Above the Law

This
summer,
as
law
students
around
the
country
began
the
stressful
process
of
seeking
a
summer
associate
position,
we
invited
you
to



share
interview
horror
stories
.
And
you
responded.
We
heard
about



flying
ravioli
,


rude
associates


and



disdainful
partners
,
and
the
perils
of



pushing
yourself
too
hard
.


Now,
we’d
like
to
get
a
fuller
picture
of
your
experiences
with
on-campus
interviews
and
callbacks.
Which
firms
stood
out

in
either
positive
or
negative
ways?
What
matters
most
to
you
when
choosing
a
firm?
Which
firm’s
offer
did
you
accept
and
why?
And
if
you
interviewed
and
were
offered
a
position



outside
of
the
OCI
process
,
we
want
to
hear
from
you,
too. 


Tell
us
about
your
recruiting
experiences
in
this



short
survey
.

All
responses
are


completely
anonymous
.
We
value
your
opinions
and
appreciate
your
time.


All
survey
respondents
will
be
eligible
to
enter
a
drawing
for
a
$500
Amex
gift
card.


And
please
share
the
survey
with
your
classmates.
We
want
to
hear
from
as
many
students
as
possible!


button_take-the-survey



[For
the
best
survey
experience,
we
recommend
completing
the
survey
from
a
laptop
or
desktop
computer
rather
than
a
mobile
device.]

The Most Elite Law Schools On Earth (2022) – Above the Law

‘Yes,
we
made
the
Top
10!’

Law
firm
layoffs
are
depressing
to
read
about,
so
we’ve
got
a
much-needed
break
for
you,
and
it’s
just
what
every
lawyer
and
law
student
wants
to
see:
a
ranking
of
the
best
law
schools
in
the
world.

Move
over
U.S.
News,
because
we’re
about
to
go
global.

Before
we
get
to
the

Global
Ranking
of
Academic
Subjects
for
Law
,
let’s
discuss
the
methodology
used
by
Shanghai
Ranking
(you
can
explore
more
in-depth
explanations
here
if
you’re
interested):

The
2022
GRAS
contains
rankings
of
universities
in
54
subjects
across
Natural
Sciences,
Engineering,
Life
Sciences,
Medical
Sciences,
and
Social
Sciences.
More
than
1,800
out
of
5,000
universities
across
96
countries
and
regions
are
finally
listed
in
the
rankings.
The
GRAS
rankings
use
a
range
of
objective
academic
indicators
and
third-party
data
to
measure
the
performance
of
world
universities
in
respective
subjects,
including
research
output
(Q1),
research
influence
(CNCI),
international
collaboration
(IC),
research
quality
(Top),
and
international
academic
awards
(Award).

We
know
you
want
to
see
if
any
American
law
schools
cracked
the
list,
so
we
won’t
keep
you
waiting.
Here
are
the
top
10
best
law
schools
in
the
world:

  1. Yale
    University
  2. Harvard
    University
  3. University
    of
    Chicago
  4. University
    of
    Pennsylvania
  5. New
    York
    University
  6. Columbia
    University
  7. Duke
    University
  8. UC
    Berkeley
  9. University
    of
    Michigan-Ann
    Arbor
  10. Stanford
    University

USA!
USA!
USA!
All
of
the
world’s
top
10
law
schools
are
in
America!
In
fact,
almost
all
of
the
T14
is
represented
here.
It
should
be
noted
that
Yale
and
Harvard
are
at
the
front
of
the
pack,
while
Stanford

currently
No.
2
in
the
U.S.
News
rankings

is
stuck
bringing
up
the
rear.
Yale
is
now
the
most
elite
law
school
on
the
planet,
as
if
their
egos
needed
to
be
puffed
up
anymore.

Farther
down
the
list,
U.S.
law
schools
continue
to
dominate.
In
fact,
a
law
school
from
outside
the
country
doesn’t
make
an
appearance
until
we
hit
Cambridge
at
No.
22,
followed
by
Oxford
at
No.
29
and
the
Hebrew
University
of
Jerusalem
at
No.
30.
A
little
more
than
a
handful
of
international
law
schools
made
the
Top
50
on
the
list,
with
American
law
schools
coming
out
on
top.

What
do
you
think
about
these
worldly
law
school
rankings?
Congratulate
or
condemn
your
alma
mater

but
be
careful,
the
world
is
watching.


2022
Global
Ranking
of
Academic
Subjects:
Law

[Shanghai
Ranking]



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

Twitter

or
connect
with
her
on

LinkedIn
.

Free Publicity, With Drake And 21 Savage – Above the Law

(Image
via
Getty)

Every
so
often,
there
is
an
IP
story
that
captures
the
imagination
of
the
broader
zeitgeist.
Usually,
there
is
an
entertainer
or
famous
athlete
involved,
such
as
when
Kawhi
Leonard

took
on

his
former
sponsor
Nike
over
the
rights
to
his
“claw”
logo.
This
week,
a
very
interesting
IP
situation
developed
involving
two
famous
music
artists,
Drake
and
21
Savage.
The
situation
is
a
fast-moving
one,
with
a
temporary
restraining
order
entered
against
the
artists
on
November
9
by
the
SDNY’s
Judge
Jed
Rakoff.
In
his

order
,
Rakoff
also
set
a
November
22
hearing
on
whether
a
preliminary
injunction
should
be
issued
as
well.
Concurrent
with
his
upcoming
treatment
of
the
preliminary
injunction,
the
judge
also
required
the
plaintiff
to
post
a
bond
of
$10,000
by
November
14.
As
you
can
guess,
the
case
at
issue
is
not
a
patent
dispute,
but
involves
forms
of
IP
where
restraining
orders
and
preliminary
injunctions
are
realistic
relief
for
IP
owners
to
pursue.

What
sparked
this
flurry
of
legal
activity
involving
two
of
the
music
scene’s
most
prominent
contemporary
artists?
Everything
revolved
around
a
curious
public
relations
strategy
employed
by
the
musicians
to
hype
up
the
release
of
their
top-selling
new
album,

“Her
Loss.”

As
noted
by
the

Hollywood
Reporter
,
the
duo
employed
“several
spoofs
that
circulated
leading
up
to
the
album
release”
including
“bogus
appearances
on
NPR’s
“Tiny
Desk”
series
and
“The
Howard
Stern
Show.”
What
got
them
in
IP
trouble,
however,
was
their
decision
to
also
spoof
Vogue
magazine
by
creating
“a
complete
reproduction
of
the
October
issue
with
some
adaptions,
including
a
Photoshopped
image
of
Drake
with
a
young
Vogue
editor-in-chief
Anna
Wintour.”
That
was
followed
by
the
distribution
of
free
copies
of
the
“promotional”
issue
of
Vogue
in
a
number
of
high-traffic
locations,
with
Drake
also
sharing
a
post
with
his
124
million
(yes,
a
crazy
number
of
people)
Instagram
followers
that
thanked
“@voguemagazine
and
Anna
Wintour
for
the
love
and
support
on
this
historic
moment.”
What
might
have
all
started
in
good
fun
turned
very
serious
very
quickly,
however,
with
Vogue
publisher
Conde
Nast
filing
a
host
of
trademark
and
unfair
competition
claims
against
the
two
artists
and
their
public
relations
firm
in
the
SDNY
within
a
week
of
the
fake
Vogue’s
hitting
the
streets
and
social
media.

The
SDNY
complaint
is
an
interesting
read,
with
perhaps
the
funniest
bit
of
evidence
provided
as
proof
of
confusion
caused
by
the
fake
Vogue
magazine
being
the
updated
Wikipedia
entry
for
Vogue
U.S.
cover
models,
updated
to
show
Drake
and
21
Savage
as
the
newest
entrants.
Other
proof
of
alleged
confusion
submitted
including
a
picture
submitted
on
Twitter
by
a
fan
lucky
enough
to
get
a
few
hard
copies
of
the
“promotional”
Vogue
issue,
as
well
as
various
and
sundry
music
industry
outlets
hyping
up
the
release
of
the
new
album

while
also
mentioning
that
the
artists
were
also
newly
minted
Vogue
cover
models.
In
terms
of
generating
publicity
for
the
album
launch,
it
is
hard
to
argue
that
the
Vogue
vamping
strategy
was
anything
other
than
a
resounding
success.
Even
at
the
cost
of
a
lawsuit,
which
arguably
only
brought
more
attention
to
the
stunt,
again
to
the
benefit
of
the
artists
in
terms
of
more
attention
on
their
album
release.

Still,
the
attention
was
a
bit
short-lived,
at
least
in
terms
of
the
artists
having
the
ability
to
continue
milking
their
promotional
efforts
without
legal
recourse.
In
fact,
it
was
only
two
days
from
when
the
complaint
was
filed
when
Rakoff
announced
the
entry
of
the
temporary
restraining
order,
along
with
the
other
follow-on
proceedings
that
were
ordered
as
discussed
above.
In
his
decision,
the
judge
enjoined
the
artists
from
further
“using,
displaying,
dissenting
or
distributing”
the
fake
Vogue
cover
and
the
counterfeit
magazines
they
printed
for
the
promotional
campaign”
while
also
prohibiting
them
from
“referencing
Anna
Wintour,
Vogue’s
Editor-in-Chief,
for
commercial
purposes.”
In
short,
all
that
is
left
is
the
legal
reckoning
as
a
consequence
of
the
now-terminated
publicity
stunt.

Ultimately,
situations
like
this
are
a
potent
reminder
of
the
role
publicity-generation
can
play
in
IP
disputes.
While
perhaps
not
as
powerful
a
driver
of
adversarial
decision-making
as
emotion
is,
the
value
of
garnering
publicity
can
be
a
key
contributor
to
the
presence
of
litigation
as
a
means
for
resolving
IP
disputes.
Here,
there
is
no
doubt
that
the
artists
have
benefited

at
least
from
a
publicity
perspective

from
the
escalation
engendered
by
Conde
Nast
in
pursuing
IP
claims
against
them.
At
the
same
time,
this
situation
has
perhaps
had
some
benefit
for
Conde
Nast
too,
in
terms
of
demonstrating
the
value
of
their
Vogue
franchise,
as
well
as
their
willingness
to
aggressively
police
their
IP
rights.
As
with
most
IP
disputes,
the
likeliest
resolution
here
is
a
settlement
of
some
sort.
But
if
this
case
bucks
the
odds
and
goes
all
the
way,
I
suspect
Drake
and
21
Savage
will
be
forced
to
confront
the
cost
of
free
publicity.

Please
feel
free
to
send
comments
or
questions
to
me
at
gkroub@kskiplaw.com
or
via
Twitter:

@gkroub
.
Any
topic
suggestions
or
thoughts
are
most
welcome.




Gaston
Kroub
lives
in
Brooklyn
and
is
a
founding
partner
of




Kroub,
Silbersher
&
Kolmykov
PLLC
,
an
intellectual
property
litigation
boutique,
and 
Markman
Advisors
LLC
,
a
leading
consultancy
on
patent
issues
for
the
investment
community.
Gaston’s
practice
focuses
on
intellectual
property
litigation
and
related
counseling,
with
a
strong
focus
on
patent
matters.
You
can
reach
him
at 
gkroub@kskiplaw.com or
follow
him
on
Twitter: 
@gkroub.

Geopolitics And Legal Tech – The Risk And Resilience Nexus For Corporates – Above the Law

The
global
COVID-19
pandemic,
conflict
in
the
Ukraine,
rising
inflation
and
interest
rates,
debt
levels,
and
volatile
food
and
fuel
prices,
among
other
things,
are
creating
acute
macroeconomic
headwinds.

So
it’s
perhaps
no
surprise
that
corporate
desire
for
greater
agility
and
flexibility
in
response
to
geopolitical
instability
is
the
No.
1
factor
considered
to
have
the
greatest
potential
impact
on
investment
and
adoption
of
legal
tech
solutions
today.

This
is
according
to
proprietary
research
we
at

Hence
Technologies
,
in
collaboration
with
research
agency

Coleman
Parkes
,
conducted
this
year
with
more
than
150
general
counsel,
chief
legal
officers,
and
heads
of
legal
operations.

Notably,
in
this
study,
almost
two-thirds
of
respondents
(64%)
identified
their
company’s
need
to
more
easily
adapt
and
respond
to
today’s
volatile
and
uncertain
economic
and
political
environment
as
one
of
the
top
five
drivers
for
procuring
legal
tech
solutions.
That
this
factor
ranked
the
highest
overall

above
using
data
for
decision-making
(57%)
and
cost
savings
(55%)

is
particularly
interesting.
Since
this
study
was
conducted
earlier
this
year,
the
world
has
arguably
become
more
uncertain,
and
the
need
for
agility
has
become
even
more
acute.


Geopolitical
Challenges
Set
To
Endure

Corporates,
governments,
and
other
institutions
struggling
to
respond
to
today’s
persistent
headwinds
should
get
used
to
these
conditions.
While
it
may
seem
like
the
acute
factors

for
instance,
Russia/Ukraine

could
abate,
in
fact
the
tensions
causing
such
disputes
are
structural.

In
a
recent
report
titled
“How
Global
Companies
Can
Manage
Geopolitical
Risk,”
McKinsey
forecast
that
these
challenges
“will
get
worse”
and
that
“in
the
next
two
decades,
competition
for
global
influence
is
likely
to
reach
its
highest
level
since
the
Cold
War,”
citing
the
U.S.
National
Intelligence
Council’s
report
“Global
Trends
2040:
A
More
Contested
World.”

As
the
U.S.
has
retreated
from
the
global
leadership
role
it
held
since
the
end
of
World
War
II,
other
countries
are
filling
in
the
gap.
The
rise
of
China
creates
fault
lines
across
geographies
and
issues
that
companies
once
viewed
as
settled
for
the
time
being

for
instance,
the
status
of
Hong
Kong
and
Taiwan.
In
January
2022,
the
Financial
Times
observed
that
“China’s
rise
to
superpower
status”
was
intensifying
“the
urge
in
Washington
to
decouple
from
its
‘strategic
competitor’”
and
that
“in
2022,
the
increasingly
bipolar
world
that
results
from
this
basic
dynamic
is
set
to
cause
a
host
of
geopolitical
headaches
for
smaller
powers
and
multinational
corporations.”
While
there
appears
to
have
been
a
shift
toward
rhetoric
of
coexistence
and
compromise
when
China’s
leader
Xi
Jinping
and
President
Joe
Biden
met
on
the
sidelines
of
the
Group
of
20
summit
in
Bali,
Indonesia,
the
structural
factors
remain
unchanged.

It
is
against
this
backdrop
that
spoilers
like
Russia
attempt
to
make
themselves
relevant
by
striking
out
and
forcing
their
agenda
to
the
top
of
the
news
pages,
not
that
dissimilar
from
North
Korea
testing
nuclear
weapons
within
90
days
of
every
U.S.
election.
These
headaches,
which
knock
on
to
supply
chain
issues
and
sanctions,
are
exactly
the
type
of
shocks
to
corporate
five-year
plans
that
companies
must
navigate
and
ultimately
avoid.


Nurturing
Greater
Supply
Chain
Resilience

An
Imperative
For
Corporates
Today

A
key
part
of
the
corporate
effort
to
withstand
today’s
constantly
changing
political
contours
is
investing
in
nurturing
greater
supply
chain
resilience.
The
logistics
“bullwhip
effect,”
which
distorts
upstream
supply
chain
planning
due
to
shifts
in
demand,
was
starkly
evident
during
the
global
COVID-19
pandemic.
Now
corporations
across
many,
if
not
all,
industries
have
faced
similar
supply
chain
challenges
in
the
longer-term
wake
of
Brexit,
protectionist
policy-making,
sustained
saber-rattling
between
the
U.S.
and
China
on
trade,
and
turbulence
from
the
Russia-Ukraine
war.


Resilience
Of
Enterprises’
Legal
Services
Supply
Chains
Mission
Critical
Today

Key
to
embedding
such
supply
chain
resilience
is
how
a
corporation
harnesses
inputs
from
knowledge
providers
such
as
accountants,
public
relations
companies,
recruiters,
and,
perhaps
especially,
lawyers.
The
large
global
law
firms
in
particular
play
a
pivotal
role
given
they
also
advise
governments
and
regulators
worldwide
on
topics
like
the
global
pandemic,
financial
crises,
state-level
sanctions
such
as
those
imposed
against
Russia
and
corporate
reorganizations
that
follow
conflict
escalation
as
seen
in
Ukraine,
energy
market
reforms,
and
how
corporations
navigate
the
challenges,
or
grasp
opportunities
arising
from,
tax
changes
due
to
substantial
fiscal
gaps.


Technology
Enhancing
How
Corporates
Leverage
External
Knowledge
Services

In
today’s
more
digitally
connected
world,
large
enterprises
are
deploying
advanced
technologies
to
more
efficiently
and
effectively
manage
their
supply
chains.
Buyer/supplier
relationships
with
knowledge
providers,
almost
by
definition,
spawn
high
volumes
of
data
and
information.
This,
in
turn,
is
intensifying
demand
within
corporates
for
improvement
in
any
decision-making
that
arises
from
the
services
being
procured
from
law
firms
and,
indeed,
through
the
advisory
services
offered
by
accountancy
firms,
management
consultancies,
recruitment
agencies,
advertising
holding
companies
and
the
like.


Yet
Technology
Is
Also
Presenting
Competitive
And
Cyber
Threats

Of
course,
the
strategic
role
law
firms
play
also
make
them
an
attractive
target.
We
at

Hence
Technologies

authored
an

article

in
this
publication
in
August
2022
highlighting
how
“law
firms
are
finding
themselves
as
unique
nodes
under
attack
in
a
geopolitical
environment
with
cross-cutting
adversarial
intentions,”
further
illustrating
how
fragile
the
legal
services
supply
chain
has
become
in
an
increasingly
adversarial
geopolitical
context
as
well
as
how
important
it
is
that
corporates
ensure
their
relationships
are
as
robust
as
possible.


When
Buying
Services
From
Law
Firms,
Knowledge
Of
Geographical
Markets
Key

Interestingly,
from
the
study
we
conducted
with
the
senior-most
legal
representatives
of
global
enterprise,
the
top-rated
option
when
respondents
were
asked
to
choose
the
“key
areas
of
knowledge
and
understanding
sought
from
external
lawyers,”
89%
rated
“knowledge
of
the
geographical
markets
their
company
(i.e.
the
corporate)
serves”
as
“very/quite
important.”
When
read
casually,
it
might
imply
that
in-house
teams
want
to
work
with
lawyers
who
know
their
geographies

this
seems
pretty
basic
and
indeed
might
reduce
itself
to
a
desire
for
attorneys
with
the
right
country
level
credentials.

In
fact,
the
point
is
deeper,
which
is
that
companies
are
looking
for
strategic
legal
partners
who
can
advise
them
on
the
broader
cross-currents
affecting
their
business
context.
It’s
no
surprise,
then,
that
major
law
firms
like
Dentons
have
invested
heavily
in
building
up
geopolitical
offers
to
help
their
customers
see
and
navigate
the
full
picture,

as
we
wrote
about
previously.

This
is
particularly
true
as
the
geopolitical
risks
firms
are
facing
are
increasingly
localized
and
in
far-flung
geographies.

Thus,
it’s
critical
to
be
able
to
map
the
full
footprint
of
an
enterprise’s
legal
providers
in
order
to
understand
if
they
actually
have
these
capabilities.
It
would
be
time-consuming
and
futile
to
search
one
by
one
through
all
publicly
available
data
to
do
so,
and
simply
asking
for
references
isn’t
good
enough
when
the
risks
one
is
facing
are
so
micro
that
others
may
not
have
had
that
experience.
That’s
where
legal
tech
software
can
come
in,
cataloging
everything
that’s
knowable
about
law
firms
and
surfacing
it
in
real-time
for
decision-making.


Importance
Of
Transforming
How
In-House
Legal
Teams
Buy
From
Law
Firms

So
while
corporate
investment
and
adoption
of
legal
tech
solutions
forms
just
part
of
a
corporation’s
implementation
of
wider
digital
transformation
strategies,
legal
tech
solutions
specifically
are
fundamental
to
global
enterprise
embedding
greater
agility,
flexibility,
and
resiliency
into
their
worldwide
operations
as
they
seek
to
better
respond
to
geopolitical
instability.

The
challenges
stemming
from
today’s
flux
in
the
global
political
environment
are
far
from
over
and,
if
this
is
so,
then
now
is
the
time
for
corporate
leaders
to
drive
transformation
in
the
procurement
of
services
from
knowledge
providers
and,
perhaps
especially,
bolstering
how
in-house
legal
departments
buy-in
support
from
external
law
firms
and
lawyers.


Sean West HeadshotSean
West



is
Co-Founder
of 
Hence
Technologies
,
a
software
company
that
transforms
how
enterprises
work
with
external
counsel.
He
was
previously
Global
Deputy
CEO
of
Eurasia
Group,
the
geopolitical
advisory
firm.
He
writes
a
biweekly
column
in
Above
the
Law
on
geopolitics
and
the
practice
of
law
.



Boko
Inyundo
is
Director,
Strategic
Relations
at
Hence
Technologies,
a
role
he
took
after
15
years
at
DLA
Piper,
Linklaters
and
Lewis
Silkin.

CRM Banner

Elizabeth Holmes Requests Home Confinement Instead of Prison Ahead of Formal Sentencing – MedCity News


Ex-Theranos
CEO
Elizabeth
Holmes
will
face
sentencing
this
week,
and
has
asked
the
court
to
land
on
a
sentence
of
maximum
18
months
of
home
confinement,
and
to
look
past
the
“caricature”
the
media
has
created. 


This,
combined
with
community
service,
will
“more
than
capture
the
retributive
and
deterrent
goals
of
sentencing
while
ensuring
that
our
society’s
resources
are
not
wasted
incarcerating
someone
who
poses
no
danger
to
it,
who
in
the
eyes
of
the
public
will
never
be
truly
free
of
even
the
counts
on
which
she
has
been
exonerated,
and
who
will
devote
her
life
to
meaningfully
serving
her
fellow
human
beings,”
said
Holmes’
attorneys
in
a


pre-sentencing
brief
filed
Thursday. 


In
January,
a



federal
jury
convicted


Holmes
of
four
counts
of
fraud,
including
an
investor
wire
fraud
conspiracy
count
and
three
substantive
wire
fraud
counts,
with
wire
transfers
totaling
more
than
$140
million.  


Holmes’
lawyers
wrote
that
more
than
130
individuals
who
“actually
know”
Holmes
have
written
to
the
court
to
provide
character
testimony,
including
friends,
family,
Theranos
investors,
Theranos
Board
members,
and
former
employees. 


In
one
letter,
Holmes’
partner
Billy
Evans
wrote
a
plea
“to
help
her
help
others”
and
said,
“the
fact
that
Liz
still
has
the
support
she
does,
despite
the
risks
of
associating
with
her
is
a
testament
to
her
goodness.”


The
government
recommended
a
drastically
more
aggressive
approach.
In
a
pre-sentencing
brief
submitted
Friday,
U.S.
Attorney
Stephanie
Hinds
wrote
that
Holmes
should
be
sentenced
to
180
months
in
custody
and
ordered
to
pay
more
than
$800
million
in
restitution
to
investors,
including
to
Walgreens
and
Safeway. 


“Holmes’
crimes
were
extraordinarily
serious,
among
the
most
substantial
white
collar
offenses
Silicon
Valley
or
any
other
District
has
seen,”
the
government
told
the
court.


The
sentencing
will
take
place
Friday,
November
14. 


Attorneys
for
Holmes
and
government
attorneys
did
not
immediately
reply
to
request
for
comment.


Photo:
Kimberly
White,
Getty
Images