Mental health is a top priority for employers. What are their strategies? – MedCity News


Almost
two-thirds
of
employers,
or
67%,
are
looking
to
make
mental
health
and
emotional
wellbeing
programs
a
top
health
priority
in
the
next
three
years,
a
new



survey


found.


The
Willis
Towers
Watson
(WTW)
report
surveyed
455
U.S.
employers
in
August.
The
respondents
have
a
total
of
8.2
million
employees,
of
which
19%
have
fully
insured
medical
plans
and
81%
have
self-insured
medical
plans.


The
survey
found
that
88%
of
employers
have
already
acted
on
mental
health
in
the
last
year,
with
38%
taking
“extensive
actions”
and
58%
taking
“some
actions.”
The
top
strategies
to
support
mental
health
issues
were
offering
coverage
for
telebehavioral
health
services
(83%),
providing
onsite
or
virtual
employee
assistance
programs
(69%)
and
providing
access
to
digital
behavioral
health
support
(68%).
The
latter
includes
offering
mental
health
apps
to
their
employees.


“Employers
are
highly
focused
on
supporting
the
mental
health
of
their
employees,
especially
as
they
look
to
retain
and
engage
talent,”
said
Erin
Terkoski
Young,
senior
director
for
WTW’s
health,
equity
and
wellbeing
practice,
in
a
news
release.
“Those
that
prioritize
employee
mental
health
and
increase
access
to
virtual
and
digital
solutions
will
be
uniquely
positioned
to
improve
their
ability
to
deliver
much-needed
care.”


Many
employers
are
providing
training
to
managers
so
they
can
identify
those
struggling
with
mental
health
and
know
how
to
intervene.
About
44%
are
currently
doing
this,
and
another
30%
are
planning
or
considering
doing
so
by
2024.


Addressing
culture
when
it
comes
to
mental
health
is
also
becoming
an
important
strategy
for
employers.
About
38%
are
partnering
with
employee
resource
groups
for
population-specific
mental
health
problems,
while
another
27%
are
planning
or
considering
doing
this.
Additionally,
17%
of
employers
are
examining
cultural
competencies
in
their
behavioral
health
provider
networks,
and
another
27%
are
planning
or
considering
doing
so
in
the
future.


Additionally,
more
employers
are
looking
to
provide
mental
health
days
to
their
employees.
About
9%
already
offer
mental
health
days,
while
21%
are
planning
or
are
considering
doing
so
by
2024. 


The
heavy
emphasis
on
mental
health
support
for
employees
is
largely
due
to
the
Covid-19
pandemic,
Young
said.
Employers
looking
to
retain
workers
need
to
make
mental
health
services
available,
Young
added.


“Covid-19
took
a
terrible
toll
on
employees’
lives,
including
substantially
worsening
mental
health,”
Young
said.
“Although
the
pandemic
may
have
started
to
wane,
mental
health
challenges
persist.
Taking
mental
health
programs
to
the
next
level
won’t
be
easy,
but
employers
that
succeed
will
see
improvement
in
productivity,
retention
and
engagement.”
 


Photo:
SIphotography,
Getty
Images

Will MLB And Charlotte’s Web Finally Convince The FDA To Do Its Job? – Above the Law

Nice
catch!

While
the

FDA

has
done
little
to
advance
cannabidiol
(CBD)
regulations,
Major
League
Baseball
(MLB)
is
taking
the
lead
in
regulating
and
marketing
these
products.

Earlier
this
month,
MLB
became
the
first
major
professional
sports
league
to
partner
with

Charlotte’s
Web
,
one
of
the
leading
CBD
companies
in
the
country.

This
multiyear
partnership
agreement
stems
from
MLB’s
desire
to
address
baseball
players’
increased
demand
and
use
of
CBD
by
providing
them
access
to
safe
products.

The
new
line
of
CBD
tinctures,
called

Sport
Daily
Edge
,
which
harbors
the
MLB
logo
on
its
packaging,
is
independently
tested
and
certified
by
NSF
International
(NSF)
to
ensure
it
meets
MLB’s
high
safety
standards
and
can
be
promoted
across
MLB
events
and
media
platforms.
NSF
is
an
independent
product
testing,
inspection,
and
certification
organization
that
assists
manufacturers
and
regulators
across
the
globe
with
developing
public
health
standards
and
minimizing
adverse
health
effects.

Sport
Daily
Edge’s
bearing
of
the
NSF
certification
demonstrates
Charlotte’s
Web
and
MLB’s
commitment
to
quality,
compliance,
and
safety,
but
also
sets
a
high
standard
for
the
industry.

This
landmark
partnership
in
baseball
and
sports
is
exciting
though
not
entirely
surprising.
Both
MLB
and
Charlotte’s
Web
have
been
instrumental
in
legitimizing
the
hemp
and
CBD
industry.

For
years
now,
Charlotte’s
Web
has
been
strongly
advocating
for
the
development
of
a
clear
and
robust
regulatory
framework
for
full-spectrum
hemp
products
that
would
protect
consumers
while
meeting
their
demands.
Not
only
has
the
company
been
a
pioneer
in
regulating
the
industry,
it
has
consistently
challenged
the
FDA’s
persistent
position
against
the
sale
and
marketing
of
these
products
and
has
publicly
questioned
the
FDA’s
plan,
or
lack
thereof,
to
develop
a
much-needed
regulatory
framework
following
the
passage
of
the
Agriculture
Improvement
Act
of
2018
(2018
Farm
Bill
).

For
its
part,
MLB
has
been
among
the
most
progressive
professional
sports
organizations
in
the
U.S.
when
it
comes
to
cannabis.
For
example,
in
2020,
the
league

removed
cannabis

from
its
list
of
banned
substances
and
announced
it
would
not
punish
players
for
using
cannabis
while
they
are
not
working.
These
significant
policies
changes,
which
focus
on
treatment
rather
than
penalties,
have
paved
the
way
for
other
professional
athletic
governance
bodies
that
recently
relaxed
their
rules
around
cannabinoids,
including
the
National
Football
League
(NFL)
and
the
National
Basketball
Association
(NBA).
Sadly,
this
shift
has
not
occurred
on
an
international
level
as
was
revealed
last
summer
when
U.S.
sprinter

Sha’Carri
Richardson

was
suspended
from
the
Olympics
over
a
positive
THC
test.

But
more
than
a
landmark
partnership,
this
association
between
MLB
and
Charlotte’s
Web
and
the
promotion
of
CBD
products
for
their
health
and
wellness
purposes
openly
defies
the
FDA’s
current
position
on
these
products.
As
I
have
discussed

ad
nauseam

in
this
column,
the
federal
agency
takes

issue

with
promoting
the
therapeutic
value
of

CBD

and
other
hemp-derived
products
and
has
focused
most
of
its
efforts
on
issuing
warnings
letters
to
these
marketers.

But
this
defiance
is
not
unexpected
either.
Since
the
enactment
of
the
2018
Farm
Bill,
Charlotte’s
Web
has
repeatedly

criticized

the
FDA
(rightfully
so)
for
failing
to
establish
a
national,
uniform
regulatory
framework
for
CBD
products
and
has
blamed
the
agency’s
passiveness
for
the
industry’s
slow
economic
growth.

This
latest
development
in
major
league
sports,
along
with
the
FDA’s

recent
hiring

of
cannabis
policy
expert,
Norman
Birenbaum

Birenbaum
is
a
former
cannabis
official
in
Rhode
Island
and
New
York
and
the
former
president
of
the
Cannabis
Regulators
Association
(CANNRA),
a
nonpartisan,
nonprofit
organization
of
cannabis
regulators
established
to
share
institutional
knowledge
and
develop
cannabis
best
practices

are
positive
steps
toward
the
regulation
of
hemp-derived
products
like
CBD.
I
can
only
hope
that
the
FDA
will
recognize
the
valuable
work
and
contributions
made
by
stakeholders
like
Charlotte’s
Web
and
MLB
in
shaping
and
legitimizing
the
industry,
and
lean
on
them
as
well
as
on
policy
experts
like
Birenbaum,
to
finalize
its
position
on
the
manufacture,
sale,
and
marketing
of
these
products,
and
consequently,
bring
regulatory
certainty
to
the
industry
and
consumers.




nathalie bougenies headshotNathalie
Bougenies
focuses
her
practice
on
health
and
wellness,
in
addition
to
corporate
transactions
and
regulatory
compliance.
For
the
past
four
years,
Nathalie
has
helped
clients
navigate
the
complex
regulatory
landscape
of
hemp
products
intended
for
human
consumption
and
advises
domestic
and
international
clients
on
the
sale,
distribution,
marketing,
labeling,
and
importation
of
these
products.
Nathalie
frequently
speaks
on
these
issues
and
has
made
national
media
appearances,
including
on
NPR’s
“Marketplace.”
She
also
authors
a
weekly
column
for
“Above
the
Law”
that
features
content
on
cannabis
policy
and
regulation.
For
four
consecutive
years,
Nathalie
has
been
named
Rising
Star
by
Super
Lawyers
.

Federal Judge Cheekily Admits That Her Dad Might Have Been Right – Above the Law

Sometimes
a
judge
just
needs
to
say
something
for
the
record.
In

SEC
v.
Moraes
,
Judge
Ronnie
Abrams
of
the
Southern
District
of
New
York
approved
a
standard
consent
agreement
concluding
an
SEC
enforcement
action.
But
Judge
Abrams
refused
to
do
so
without
expressing
her
disapproval
of
the
SEC’s
long-standing
practice
of
demanding
that
all
settling
parties
agree
to
never
deny
or
even
“create
the
impression”
that
the
SEC’s
allegations
are
not
true
upon
pain
of
reopening
the
investigation.

It’s
an
unusual
demand
to
be
sure.
Judge
Abrams
objects
to
the
practice
on
First
Amendment
grounds.
The
Commission
thinks
it’s
important
to
stop
people
from
telling
the
market
that
their
case
was
all
one
big
misunderstanding.

In
any
event,

Adam
Liptak
of
the
New
York
Times

caught
a
fun
footnote
after
Judge
Abrams
cited
the
failed
cert
petition
in

SEC
v.
Romeril

challenging
the
practice:

In
the
interest
of
full
transparency,
the
Court
notes
that
Romeril
was
represented
on
his
petition
for
certiorari
by
Floyd
Abrams,
my
father.
Rare
though
it
may
be,
occasionally
we
must
acknowledge
when
our
parents
happen
to
get
it
right.

Cute.

Check
out

the
full
opinion
here
.


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
.

Fourth Biglaw Firm Dumps Kanye West As Client – Above the Law

(Photo
by
Randy
Brooke/Getty
Images)

Kanye
West’s
antisemitism
continues
to
have
repercussions
for
the
rapper’s
legal
representation.
West’s
problematic
behavior
spans
more
than
just
the
antisemitic
rant
that
got
him
temporarily
banned
from
Twitter

yeah,
Elon
Musk
has
already
indicated
Ye
will
be
back
on
the
platform.
He
also

 spread
vicious,
unfounded
rumors
that
it
wasn’t
former
police
officer
Derek
Chauvin
that
caused
George
Floyd’s
death
but
rather
fentanyl

and
as
a
result
he
is
facing
a
$250
million
lawsuit.
Plus
he
wore
a

“White
Lives
Matter”
shirt

to
his
Yeezy
fashion
show.

And
there
have
been
consequences.
He
lost
deals
with
Balenciaga
and

Adidas
.
He
was
dropped
by
Creative
Artists
Agency,
and
film
and
television
studio
MRC
announced
they
were
ditching
a
completed
documentary
on
West.
Now
he’s
been
kicked
to
the
curb
by
Biglaw
firm
Quinn
Emanuel.

William
Burck,
Co-Managing
partner,
provided
Above
the
Law
with
the
following
update
regarding
Quinn
Emanuel’s
representation
of
Ye:

“QE
has
withdrawn
from
representing
Mr.
West
and
will
not
represent
him
in
the
future.”

Well,
damn.
Kanye
is
0
for
4
when
it
comes
to
Biglaw
firms
willing
to
sign
up
to
represent
him.
First

Brown
Rudnick
decided
they
were
done

with
Ye
when
he
refused
to
back
off
of
his
antisemitic
comments.
Cadwalader

which
previously
represented
the
rapper
in
his
separation
from
Gap


also
dropped
Kanye.

And
Pryor
Cashman
ended
its

longterm
engagement

with
Ye.


Quinn’s
representation
of
Ye
became
public

when
the
star
posted
what
appeared
to
be
a
text
message
between
himself
and
an
attorney
at
the
firm.




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).

Burned Out By Law Firm Life? How To Tap Into The Gig Economy For Lawyers. – Above the Law

Over
the
past
two-and-a-half
years
since
the
COVID-19
pandemic
started,
the
legal
profession
has
seen
major
shifts
in
the
workforce:
lawyers
making

exoduses
from
Biglaw
,
lawyers
with
increased
desires
to
stay
remote
or
in
a
hybrid
work
environment,
and
lawyers
receiving
less
scrutiny
for
career
gaps.
There’s
also
been
a
trend
of

increased
burnout

with
higher
rates
of
reported
depression
and
anxiety
in
the
legal
profession,
thus
pushing
a
further
need
for
flexible
work
options
and
increased
work-life
balance.

The
gig
economy
has
seen
an
influx
of
growth
in
the
past
few
years,
and
the
legal
profession
is
not
immune
to
this
shift.
As
I’ve
written,
there
has
been
a

surge
in
demand
for
contract
roles

for
those
seeking
legal
consulting
and
contracting
opportunities
without
the
long-term
commitment.

Enter

Lawtrades
,
the
on-demand
legal
talent
platform,
which
has
set
out
a
mission
to
scale
outside
counsel
work
while
also
providing
world-class
flexible
legal
talent
through
its
innovative
app.
This
app
allows
brand-name
tech
companies
like
DoorDash,
Headspace,
Epic
Games,
Pinterest,
Instacart,
Coinbase,
Airbnb,
and
Duolingo
to
match
with
attorneys
seeking
project-based
legal
work.

I
had
the
opportunity
to
speak
with
Lawtrades
founder
and
CEO,

Raad
Ahmed
,
about
how
Lawtrades
is
transforming
the
traditional
path
of
lawyers
to
provide
on-demand
legal
support
while
also
tackling
shortcomings
in
the
legal
profession
such
as
a
lack
of
diversity
and
inclusion,
burnout,
and
expensive
overhead
that
we’ve
seen
affected
during
and
prior
to
the
pandemic.

Founded
in
2016,
Lawtrades
is
a
legal
marketplace
which
seeks
to
empower
“legal
professionals
to
work
and
live
on
their
own
terms,
offering
unprecedented
work-life
balance,
control
and
flexibility
while
enabling
companies
to
seamlessly
scale
their
operations.”
Building
a
welcoming
community
for
all
lawyers,
including
those
coming
back
from
maternity
leave
or
nearing
retirement,
is
at
the
forefront
of
Lawtrades’
mission.

With
positions
available
in
12
practice
areas
(e.g.,
corporate,
securities,
M&A,
product
counseling,
real
estate,
labor
and
employment,
data
privacy/cybersecurity,
litigation,
and
IP),
the
platform
focuses
on
opportunities
for
attorneys,
paralegals,
legal
ops,
contract
admins,
and
compliance
teams.
A
typical
engagement
lasts
around
six
to
nine
months,
but
also
allows
for
some
engagements
to
go
on
for
two-plus
years.

I
dove
into
a
few
advertised
positions,
which
openly
provide
the
level
of
experience
and
skills
required,
practice
areas,
industry,
as
well
as
hourly
rate
(e.g.,

a
data
privacy
counsel
role

seeking
a
midlevel
lawyer
for
five
hours
a
week
at
$130
an
hour).
This
type
of
arrangement
gives
you
a
chance
to
work
on
multiple
engagements
a
week
and
month,
ultimately
putting
the
ball
in
your
court
to
scale
up
or
down
as
you
would
like.
This
offers
flexible
work-life
balance,
particularly
for
someone
who
has
planned
travel
or
just
wants
an
alternative
legal
career
path
for
the
next
six-plus
months
while
they
sort
things
out.

Based
on
the
above-mentioned
example,
a
five-hour-a-week
gig
at
$130
an
hour
provides
earnings
of
$2,600
per
month.
If
you
took
on
five
separate
gigs
for
that
month
at
that
same
rate
and
hourly
schedule,
there
is
a
potential
for
significant
earning
power
with
a
truly
flexible
work
schedule
that
lets
you
set
the
parameters
around
remote
work.

If
you’re
facing
a
layoff,
downsizing,
or
are
simply
burned
out
by
law
firm
life,
on-demand
legal
talent
may
be
what
you’re
seeking
for
the
short-term
or
even
the
long-term
to
keep
your
legal
skills
robust,

build
relationships

with
top
technology
companies,
and
maintain
(or
increase)
your
earning
power.

Have
a
job
search
question?

Connect
with
me
on
LinkedIn
.




Wendi
Weiner
is
an attorney,
career
expert,
and
founder
of 
The
Writing
Guru
,
an
award-winning
executive
resume
writing
services
company.
Wendi creates
powerful
career
and
personal
brands
for
attorneys,
executives,
and
C-suite/Board
leaders
for
their
job
search
and
digital
footprint. She
also
writes
for
major
publications
about
alternative
careers
for
lawyers, personal
branding,
LinkedIn
storytelling,
career
strategy,
and
the
job
search
process. You
can
reach
her
by
email
at 
wendi@writingguru.net,
connect
with
her
on 
LinkedIn,
and
follow
her
on
Twitter 
@thewritingguru.  

Solos And Small-Firm Lawyers Shouldn’t Be Afraid To Ask For Advice – Above the Law

One
of
the
benefits
of
working
at
a
larger
law
firm
is
that
there
are
often
numerous
lawyers
that
can
be
consulted
when
there
is
a
question
of
law
or
legal
procedure.
Associates
can
usually
speak
to
partners
if
they
have
a
question
about
strategy,
and
everyone
can
talk
to
colleagues
at
a
larger
firm
about
how
best
to
approach
legal
tasks.
However,
solo
practitioners
and
small-firm
lawyers
often
do
not
have
ready
access
to
another
lawyer
with
whom
they
can
ask
questions
and
seek
advice
about
legal
issues.
Nevertheless,
solo
and
small-firm
lawyers
can
speak
to
individuals
who
work
at
other
firms
and
other
colleagues
to
make
sure
that
they
are
following
the
best
strategy
to
serve
a
client’s
needs.

When
I
worked
for
a
handful
of
larger
law
firms
earlier
in
my
career,
I
enjoyed
swapping
ideas
with
other
lawyers.
At
the
beginning
of
my
career,
this
was
out
of
necessity,
since
I
simply
did
not
know
what
the
correct
process
was
for
a
variety
of
legal
situations.
As
I
progressed
in
my
career,
I
became
acquainted
with
various
lawyers
who
knew
a
lot
about
certain
legal
subjects
like
discovery
or
appeals.
If
I
had
a
question
in
a
given
area
of
the
law,
I
would
consult
the
person
at
my
firm
who
had
expertise
in
a
given
area
so
that
I
could
figure
out
the
best
strategy
for
a
client.

When
I
started
my
own
legal
practice
over
three
and
a
half
years
ago,
the
first
thing
that
hit
me
was
how
alone
I
was
when
facing
legal
issues.
I
had
no
one
to
talk
to
about
strategy
since
I
was
the
only
person
at
my
firm
calling
the
shots.
Six
months
after
I
opened
my
law
firm,
my
brother
joined
the
shop
as
a
partner,
but
my
brother
and
I
practice
very
different
areas
of
law.
Many
times
my
brother
can
provide
helpful
advice
on
issues,
but
at
other
times,
my
questions
are
outside
his
field
of
expertise.

Over
time,
I
was
able
to
build
a
network
of
solo
and
small-firm
lawyers
I
could
talk
to
if
I
had
a
question
about
legal
matters.
Initially,
I
spoke
to
other
lawyers
who
shared
the
same
office
space
that
I
had
when
I
first
started
the
firm.
I
would
have
spoken
to
lawyers
who
I
knew
from
prior
firms
at
which
I
worked,
but
I
did
not
want
to
bother
them,
and
many
of
my
legal
questions
were
better
directed
to
solos
and
small-firm
lawyers.
Also,
I
felt
that
I
would
be
taking
time
away
from
lawyers
at
larger
firms
by
speaking
with
them
about
legal
questions,
but
with
small-firm
lawyers,
it
is
usually
mutually
beneficial
to
provide
advice
and
then
have
someone
to
discuss
questions
with
later
down
the
line.

Over
time,
my
network
of
people
of
whom
I
can
ask
questions
about
legal
practice
has
grown
considerably.
Now,
I
have
individuals
in
my
network
who
are
skilled
in
all
different
legal
subjects
and
different
areas
of
legal
process.
The
good
thing
about
keeping
in
contact
with
different
lawyers
is
this
also
fortifies
your
referral
network.
For
instance,
I
may
have
a
commercial
matter
that
is
related
to
a
bankruptcy
issue,
so
I
may
ask
a
lawyer
friend
a
bankruptcy
question
so
that
I
can
better
represent
my
client.
However,
I
do
not
handle
bankruptcy
law
myself,
so
if
I
have
a
bankruptcy
referral,
I’d
likely
give
it
to
the
bankruptcy
lawyer
who
I
know
is
competent
through
our
interactions.
In
addition,
I
know
for
a
fact
that
answering
questions
about
legal
practice
for
other
lawyers,
especially
attorneys
outside
of
my
normal
jurisdictional
area,
has
helped
me
get
work
in
the
past.

I
would
be
remiss
if
I
did
not
mention
that
people
should
follow
guidelines
when
asking
for
advice
from
an
attorney
outside
of
your
law
firm.
Perhaps
most
importantly,
lawyers
need
to
follow
all
ethical
guidelines
when
seeking
such
advice.
This
includes
not
disclosing
client
confidences
without
permission,
which
should
be
relatively
easy
in
most
situations,
since
attorneys
can
typically
ask
about
the
mechanics
of
a
legal
process
without
revealing
confidences.
Moreover,
if
an
attorney
does
not
feel
like
they
will
be
competent
when
handling
a
given
legal
task
even
after
getting
advice,
they
should
refuse
to
handle
the
case.
However,
in
most
instances,
there
will
not
be
too
many
issues
with
seeking
advice
from
other
lawyers.

In
any
event,
it
can
be
difficult
to
be
a
solo
practitioner
or
small-firm
lawyer
for
a
variety
of
reasons,
including
the
lack
of
other
attorneys
as
the
same
shop
with
whom
a
lawyer
can
confer
about
legal
issues.
However,
with
some
effort,
solos
and
small-firm
lawyers
can
seek
advice
about
legal
matters
from
others,
and
this
can
have
a
positive
impact
on
their
practices.




Rothman Larger HeadshotJordan
Rothman
is
a
partner
of




The
Rothman
Law
Firm
,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of




Student
Debt
Diaries
,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at




jordan@rothmanlawyer.com
.

The Future Ready Lawyer Survey 2022: The Impacts Of Volatility On The Practice Of Law – Above the Law

Last
month,
Wolters
Kluwer
published
the
Future
Ready
Lawyer
Survey
2022
,”
a
global
survey
to
examine
how
client
expectations,
technology,
and
other
factors
are
affecting
the
future
of
law
across
core
areas
and
how
legal
organizations
are
prepared
to
address
them.
This
will
be
the
first
in
a
series
of
articles
covering
the
results
of
the
survey,
trends
we’ve
identified,
and
takeaways
that
legal
professionals
should
consider
as
we
look
to
the
future
of
the
industry.

This
is
the
fourth
consecutive
year
that
Wolters
Kluwer
has
conducted
the
“Future
Ready
Lawyer
Survey,”
conducting
quantitative
interviews
with
more
than
750
professionals
in
law
firms,
legal
departments,
and
business
services
firms
across
the
U.S.
and
10
European
countries.
Over
time,
it
has
provided
timely
perspective
on
factors
driving
change
across
the
industry,
with
benchmark
data
on
both
pre-
and
post-COVID
trends
in
the
profession,
and
assessing
organizations’
readiness
to
face
those
changes.

This
year’s
survey
was
conducted
with
the
backdrop
of
volatility.
While
we’re
largely
past
the
worst
moments
of
the
pandemic,
we
are
now
entering
a
world
of
geopolitical
uncertainty
in
light
of
the
conflict
in
Ukraine
and
tensions
in
other
parts
of
the
world.
We
are
experiencing
inflation
in
most
of
the
world
and
may
be
looking
at
a
full-blown
recession
in
the
coming
months.
Despite
the
potential
of
an
extended
economic
downturn,
we
are
still
seeing
talent
shortages.
We
are
living
in
a
world
influenced
by
“VUCA”
factors

Volatility,
Uncertainty,
Complexity,
and
Ambiguity.
Continued
technological
change
and
increasing
regulatory
pressures
are
affecting
consumers
and
businesses
alike

and
while
this
presents
a
very
good
opportunity
for
the
legal
industry,
legal
professionals
must
be
prepared
to
take
on
the
challenges
that
come
with
it.


Pressure
Is
Driving
Change

With
this
VUCA
backdrop,
the
survey
found
that
legal
professionals
are
pressured
today
by
perpetual
and
pervasive
change
and
a
continuation
in
increased
expectations
for
both
in-house
counsel
and
law
firms.
This
continues
to
impact
the
relationships
between
clients
and
firms.
Clients
are
happier
with
their
firms,
but
at
the
same
time,
nearly
one
in
three
clients
(32%)
reported
they
are
very
likely
to
switch
firms.
This
is
up
from
one
in
eight
in
2020.

Legal
tech
funding
has
been
hot
for
the
past
few
years,

hitting
a
record
of
$9.1
billion

in
investment
in
2021.
Many
might
think
that
new
technology
is
the
driver
of
change
in
the
legal
industry

but
it
is
my
view
that
the
pressure
and
increased
expectations
on
legal
departments
(and
hence
their
outside
firms)
is
the
key
driver
to
the
tech
adoption
we’re
experiencing.
Technology
is
advancing,
but
I
would
argue
that
the
pressure
for
change
is
at
the
core
of
change
in
the
industry.

With
this
theory
in
mind,
the
other
key
findings
of
the
survey
are
perhaps
more
explainable.


  • Technology
    is
    a
    top
    performance
    driver.

    Almost
    all
    (97%)
    of
    corporate
    legal
    departments
    will
    ask
    law
    firms
    to
    describe
    the
    technology
    they
    use
    to
    be
    more
    productive
    and
    efficient,
    up
    from
    70%
    two
    years
    ago.
    Also,
    91%
    of
    legal
    departments
    expect
    firms
    to
    use
    technology
    to
    be
    more
    productive
    and
    efficient.
    The
    need
    for
    technology
    is
    even
    affecting
    law
    firms
    to
    the
    point
    that
    88%
    of
    attorneys
    in
    firms
    believe
    this
    to
    be
    important
    to
    their
    clients
    now.
    So
    there
    is
    a
    growing
    consensus
    here
    that
    didn’t
    exist
    as
    much
    just
    a
    few
    years
    ago.

  • Who
    does
    the
    work
    is
    changing
    .
    86%
    of
    in-house
    counsel
    report
    greater
    in-sourcing
    of
    legal
    work.
    The
    same
    percentage
    expect
    greater
    use
    of
    alternate
    fee
    structures
    that
    are
    not
    tied
    to
    billable
    hours.
    The
    expectation
    to
    use
    Alternative
    Legal
    Service
    Providers
    (ALSPs)
    went
    to
    84%
    from
    68%
    in
    the
    past
    two
    years.

So
we
have
more
pressure
overall
and
an
emerging
consensus
on
technology
as
a
top
performance
driver.
Who
does
what
work
is
changing,
and
the
terms
on
how
work
is
contracted
is
evolving.
ALSPs
are
an
increasingly
viable
option
for
some
work,
and
nearly
one
in
three
in-house
attorneys
is
very
likely
to
switch
firms
in
the
coming
year.


The
Pressure
Is
Particularly
Felt
By
Law
Firm
Professionals 

Based
on
the
survey’s
results,
the
pressure
is
really
on
law
firms

and
while
this
is
true,
we
do
need
to
view
change
in
the
context
of
an
increasing
demand
for
legal
services.
The
pandemic
and
VUCA
environment
have
driven
a
lot
of
demand
for
legal
services.
2021
was
a
phenomenal
year
for
law
firms;
the

LegalVIEW
report

conducted
by
Wolters
Kluwer’s
ELM
Solutions
business
reported
that
the
mean
legal
spend
in
large
corporate
legal
departments
went
up
36%
last
year,
meaning
more
money
was
spent
with
outside
firms.
2022
is
shaping
up
to
be
a
very
good
year
too,
and
that
puts
pressure
on
firms
to
keep
up
with
demand
as
talent
is
in
short
supply.
Efficiency
drive
by
technology
would
seem
to
be
an
answer.

But
only
35%
of
law
firm
attorneys
think
their
firms
are
very
prepared
to
address
technology
change.
(I
will
discuss
in
a
future
article
what
may
be
behind
this.)
And
what
if
the
economy
tanks?
Will
technology-savvy
firms
be
more
competitive
if
a
pivot
is
required
based
upon
changing
economic
conditions?


Good
News:
Leadership
Resistance
To
Technology
Change
Is
Waning


In
past
surveys
,
leadership
resistance
to
change
was
cited
as
one
of
the
inhibitors
to
technology
adoption.
In
2020,
respondents
said
that
the
difficulty
of
change
management
and
leadership
resistance
to
change
was
the
biggest
barrier
to
implementing
change
for
both
corporate
legal
departments
(65%)
and
law
firms
(53%).
But
in
this
year’s
survey,
leadership
resistance
is
no
longer
on
the
radar.
This
is
a
very
good
sign.

This
suggests
to
me
that
firms
now
see
the
need
for
greater
technology
use,
and
their
leadership
has
the
appetite
to
support
technology
projects.
The
key
moving
forward
will
be
the
effective
adoption
of
technology
to
drive
results
in
support
of
clients.

Technology
projects
almost
always
require
change
in
how
people
work
and
the
processes
around
technology.
It
is
very
common
for
a
good
technology
to
be
deployed
but
not
achieve
adoption.
This
is
particularly
the
case
when
there
isn’t
executive
sponsorship
from
the
top.

Organizational
issues
were
cited
(43%)
as
a
reason
why
law
firms
resist
new
technology.

My
advice
to
legal
professionals
is
to
ensure
that
leadership
understands
that
supporting
the
deployment
of
technology
is
a
great
step
forward,
but
the
real
need
is
for
leadership
advocacy
in
the
adoption
of
technology.
Helping
leadership
understand
how
to
advocate
for
change
in
process
and
skills
to
enable
successful
outcomes
is
going
to
be
key.

We’ve
crossed
over
from
the
pandemic
to
a
new
normal

but
that
new
normal
is
perhaps
not
what
we
were
expecting.
In
the
face
of
global
volatility,
uncertainty,
complexity,
and
ambiguity,
the
legal
industry
must
adapt
to
change.
That
change
will
require
flexibility,
agility,
and
a
holistic
view
of
change
to
keep
pace.

Both
law
firms
and
law
departments
can
leverage
talent,
successful
deployment
of
technology,
and
change
management
to
relieve
some
of
the
pressures
they
are
experiencing.
Using
the
results
of
the
“Future
Ready
Lawyer
Survey
2022,”
I’ll
share
some
insights
on
that
next
month.




Ken Crutchfield HeadshotKen
Crutchfield
is
Vice
President
and
General
Manager
of
Legal
Markets
at
Wolters
Kluwer
Legal
&
Regulatory
U.S.,
a
leading
provider
of
information,
business
intelligence,
regulatory
and
legal
workflow
solutions.
Ken
has
more
than
three
decades
of
experience
as
a
leader
in
information
and
software
solutions
across
industries.
He
can
be
reached
at 
ken.crutchfield@wolterskluwer.com.

Yet Another Biglaw Firm Parts Ways With Kanye West – Above the Law

(Photo
by
Ronald
Martinez/Getty
Images)


In
view
of
recent
statements
of
the
client,
we
are
no
longer
representing
him
or
his
interests.
A
disappointing
end
to
a
very
long
relationship.





Ron
Shechtman
,
managing
partner
of
Pryor
Cashman,
in
a

statement

given
on
the
firm’s
decision
to
end
its
relationship
with
Kanye
West.
A
slew
of
Biglaw
firms
(like

Brown
Rudnick

and

Cadwalader
)
and
companies
(like

Adidas

and
Creative
Artists
Agency)
have
distanced
themselves
from
the
rapper
in
the
wake
of
his
antisemitic
remarks
made
on
social
media
that
he
refuses
to
back
down
from.



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
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connect
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her
on

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.

John Eastman Tells Judge He’s Full Of Sh*t, Begs Him Not To Force Him To Hand Over Incriminating Emails – Above the Law

(Photo
by
Alex
Wong/Getty
Images)

Nine
days
ago,
US
District
Judge
David
Carter

ordered

John
Eastman
to
disclose
several
more
emails
to
the
January
6
Select
Committee,
finding
that
the

crime-fraud
exception

abrogated
attorney-client
privilege.
Specifically,
he
found
that
Trump
and
his
lawyers
knew
that
they
were
incorporating
false
claims
about
illegal
voters
in
Georgia
in
an
election
lawsuit,
and,
furthermore,
that
the
case
was
only
filed
“to
disrupt
or
delay
the
January
6
congressional
proceedings
through
the
courts.”

He
then
ordered
Eastman
to
disclose
the
disputed
emails
by
2:00
pm
Pacific
on
October
28,
2022,
i.e.
in
a
few
short
hours.

Last
night,
Eastman
filed
a

motion
for
reconsideration

and/or
stay
pending
appeal,
although
no
such
appeal
has
yet
been
noticed
to
the
Ninth
Circuit.

“Dr.
Eastman
respectfully
submits
that
the
relevant
context
shows
that
this
ruling
was
clearly
erroneous,”
his
lawyers
wrote.
In
their
telling,
the
court
is
simply
confused
and
taking
things
out
of
context.
That’s
right

he’s
going
with
the

Shaggy
defense
.

“Dr.
Eastman
submits
that
the
full
email
record
clearly
shows
that
the
President’s
lawyers
took
great
care
to
ensure
all
court
filings
were
accurate,”
his
lawyers
insist,
adding
that
“Dr.
Eastman
submits
that
the
full
email
record
demonstrates
that
the
legal
filings
were
all
designed
to
obtain
a
ruling
from
the
court
on
the
contested
election
challenges.”

In
support
of
this
proposition,
the
plaintiff
filed
an
affidavit
under
seal
drawing
the
court’s
attention
to
several
other
emails
which
will
somehow
make
it
clear
that
everything
was
on
the
up
and
up.
Sure,
Eastman
did
write
“Although
the
President
signed
a
verification
for
[the
state
court
filing]
back
on
Dec.
1,
he
has
since
been
made
aware
that
some
of
the
allegations
(and
evidence
proffered
by
the
experts)
has
been
inaccurate.
For
him
to
sign
a
new
verification
with
that
knowledge
(and
incorporation
by
reference)
would
not
be
accurate.”
And,
okay,
Trump
did
go
on
to
sign
the
verification
incorporating
the
false
claims
and
which
he
purportedly
“believed
to
be
true
and
correct.”

But
if
Judge
Carter
will
simply
examine
the
emails
he
already
looked
at
during
this
privilege
review

some
more
,
he’ll
understand
that
Trump
believes
a
lot
of
crazy
shit
when
it’s
in
his
best
interests,
and
so
he
wasn’t
lying
in
a
court
document
with
the
connivance
of
his
counsel.

Unfortunately
for
Eastman,
the
court
made
it
clear
that
it
looked
at
the
entire
context
to
arrive
at
the
conclusion
that
the
purpose
of
filing
the
Georgia
lawsuit
was
“in
furtherance
of
the
obstruction

In
one
email,
for
example,
President
Trump’s
attorneys
state
that
“[m]erely
having
this
case
pending
in
the
Supreme
Court,
not
ruled
on,
might
be
enough
to
delay
consideration
of
Georgia.”
This
email,

read
in
context
with
other
documents
in
this
review
,
make
clear
that
President
Trump
filed
certain
lawsuits
not
to
obtain
legal
relief,
but
to
disrupt
or
delay
the
January
6
congressional
proceedings
through
the
courts.
[Emphasis
added.]

Which
doesn’t
seem
like
the
writings
of
a
court
which
is
inclined
to
swoop
in
and
grant
relief
pending
an
appeal
which
hasn’t
even
been
filed,
but
hope
springs
eternal.


Eastman
v.
Thompson

[Docket
via
Court
Listener]





Liz
Dye
 lives
in
Baltimore
where
she
writes
about
law
and
politics.

Do Early Term Arguments Lead To Less Contentious Decisions? – Above the Law

The
Supreme
Court
is
known
to
leave
its
most
poignant
decisions
for
the
end
of
the
term.
The
end
of
last
term
included
among
other
decisions
the
release
of
Dobbs
(abortion),
Bruen
(gun
control),
and
WV
v.
EPA
(EPA’s
Clean
Air
Act
policy).

One
of
these
decisions,
Bruen,
was
argued
in
the
first
two
months
of
the
Court’s
oral
argument
calendar.
The
others
were
not.
In
fact,
an
argument
could
be
made
that
all
of
the
other
major
decisions
last
term
were
argued
after
the
November
sitting.

This
term
is
a
little
different.
Several
big
decisions
either
were
or
are
going
to
be
argued
in
the
first
two
months
of
the
Court’s
calendar
(note
that
this
analysis
begins
in
the
1917
term,
which
is
when
the
Court’s
calendar
began
to
start
in
October).
These
include
Merrill
v.
Milligan
examining
racial
gerrymandering
and
the
two
affirmative
action
cases
that
will
be
argued
in
the
November
sitting.

Most
cases
also
argued
in
the
early
months
of
the
Court’s
calendar
are
decided before
the
end
of
the
term
.
Obviously
Bruen
was
an
exception
last
term.

If
the
argued
cases
in
the
Court’s
early
month
are
less
contentious,
then
perhaps
fewer
dissents
and
concurrences
should
be
filed
in
cases
argued
in
these
months.

Feldman10_28_01


 

The
graph
above
shows
that
certain
members
of
the
Court
and
particularly
Justice
Stevens
authored
many
separate
opinions
in
cases
argued
across
these
months.
The
drop
in
separate
opinions
authored
by
the
justices
for
such
arguments
though
drops
precipitously,
as
after
Justice
Douglas,
the
authors
with
the
next
most
such
opinions
authored
over
100
fewer
than
Stevens.

This
doesn’t
provide
evidence
of
across
the
board
separate
authorship
for
cases
argued
in
the
term’s
early
months,
but
it
does
show
the
oversized
participation
of
some
justices
(justices
with
fewer
than
50
separate
opinions
were
not
included
in
this
graph).

Next
we
can
look
at
the
decisions
argued
during
these
months
that
led
to
decisions
that
came
down
to
a
single
vote.

As
the
graph
below
shows,
most
of
these
opinions
were
authored
prior
to
the
current
Court
as
the
only
current
justices
on
the
list
are
Alito
and
Thomas
and
both
are
at
the
bottom
of
this
graph
that
has
a
cut
point
at
ten
decisions.


Feldman_1028_02

The
part
of
the
analysis
that
is
perhaps
most
striking
breaks
down
the
Court’s
vote
differences
in
decisions
argued
in
October
and
November
against
cases
argued
across
the
rest
of
the
term
(from
December
through
April).
I
controlled
for
differences
in
case
counts
by
using
percentages
for
the
vote
differences
rather
than
number
of
cases.

The
first
pie
chart
shows
the
vote
difference
fractions
in
cases
argued
in
the
Court’s
early
months.

Feldman_1028_03


 

The
early
term
argument
graph
shows
that
over
15%
of
these
cases
came
down
to
one
or
two
votes.
Contrastingly,
the
percentage
of
unanimous
decisions
(with
nine
member
Courts)
is
just
under
37%.

Surprisingly,
the
graph
for
percentage
of
outcomes
by
vote
decisions
for
arguments
running
from
December
through
April
shows
more
harmony.


Feldman_1028_04

The
percentage
of
cases
decided
by
one
or
two
votes
is
just
over
13%
for
this
set
of
arguments,
almost
2
percentage
points
less
than
in
cases
argued
in
terms’
early
months.
The
percentage
of
unanimous
decisions
is
3
percentage
points
higher
at
just
under
40%.

The
sheds
some
light
on
what
we
should
expect
to
come
from
cases
argued
at
the
beginning
of
terms.

Against
many
preconceptions
the
results
show
that
these
early
term
arguments
lead
to
more
contentious
decisions
than
cases
argued
later
in
terms.

We’ll
see
if
the
court’s
decisions
this
term,
especially
with
high-profile
arguments
in
the
October
and
November
sittings
comport
with
these
data
or
with
expectations
that
the
cases
argued
early
in
terms
should
lead
to
less
contentious
decisions.

Also
note
that
contentious
cases
for
the
current
Court
are
likely
going
to
be
those
with
a
vote
difference
of
three
or
fewer
votes
so
an
analysis
at
the
end
of
the
term
will
have
to
factor
in
this
change.

Historic
data
was
compiled
using
the US
Supreme
Court
Database
.




Read
more
at
Empirical
SCOTUS….




Adam
Feldman
runs
the
litigation
consulting
company
Optimized
Legal
Solutions
LLC.
For
more
information
write
Adam
at adam@feldmannet.com
Find
him
on
Twitter: @AdamSFeldman.