Whistleblowers
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Courts
Texas Attorney General Ken Paxton Agrees To Apologize, Pay Millions To Former Aides
Ken Paxton agrees to a settlement over claims he fired whistleblowers in retaliation. -
Technology
Turns Out A Largely Unregulated Surveillance Site Can Be Dangerous
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Government
Whistleblower's Lawyer Gets Dumped By Malpractice Insurer After Trump's Impeachment
It's just a coincidence... right?
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Litigators
Continued Evolution Of Whistleblower Law
It's always important for practitioners who represent whistleblowers to stay abreast of changes in the law. -
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Morning Docket
Morning Docket: 10.11.19
* “I don’t know them, I don’t know about them, I don’t know what they do. I don’t know, maybe they were clients of Rudy’s. You’d have to ask Rudy.” President Trump is trying his hardest to distance himself from Igor Fruman and Lev Parnas, Rudy Giuliani’s recently arrested associates. He may have been in pictures with them, though, and his son might have as well. Oopsie. [The Hill]
* “Together, we will blow our whistles against Barr, President Trump, and their enablers in Congress.” AG Bill Barr is scheduled to speak today at Notre Dame Law on “religious freedom,” and protesters are expected to be there, where they’ll literally be blowing whistles. [South Bend Tribune]
* Years after his brutal murder, the Dan Markel case is finally in the hands of a jury. Luis Rivera has already taken a deal, but will Katherine Magbanua and Sigfredo Garcia be found guilty? [Tallahassee Democrat]
* Minnesota Law is celebrating its largest first-year class in about a decade. The school, which is ranked 20th by U.S. News now has reliable employment statistics for graduates, has been recovering from the recession’s effects on law school enrollment. [Minnesota Daily]
* In case you missed it, Kim Kardashian West is trying to help Brendan Dassey of “Making a Murderer” in his quest to receive clemency from Wisconsin Governor Tony Evers. Per Gov. Evers, “Brendan’s case will be given the same thoughtful review and consideration as any other case.” [Esquire]
* Sign up here if you’d like to take part in a conversation between best-selling author John Grisham and former U.S. attorney Preet Bharara (S.D.N.Y.). I’ll be there to cover the event for Above the Law, and I hope to see you there. [TimesTalks]
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Morning Docket
Morning Docket: 10.07.19
* It’s back to work for the justices of the Supreme Court as the October Term 2019 gets started today, with major cases on LGBTQ rights, immigration, abortion, guns, and religion scheduled to be heard over the course of this year. Here’s a good summary of five cases to watch. [New York Times]
* Are appellate advocates ready for a kinder, gentler experience before the Supreme Court? They’ll now receive two minutes of uninterrupted time at the beginning of oral arguments. This is a “dramatic change” of pace for the high court. [National Law Journal]
* According to Mark Zaid, the lawyer for whistleblower #1, there are now two whistleblowers on President Donald Trump’s dealings with Ukraine, and the second one reportedly has firsthand knowledge of some of the allegations detailed in the original complaint. [ABC News]
* “All of you know your Constitution. The way that impeachment stops is a Senate majority with me as majority leader.“ Sen. Mitch McConnell is promising to end the impeachment proceedings against Trump in his latest campaign ads. [Louisville Courier Journal]
* Disgraced Theranos founder Elizabeth Holmes hasn’t paid her lawyers in more than a year, and now they’ve asked a judge to let them off her case. “It is unfair and unreasonable to require Cooley to continue representing Ms. Holmes in this action,” her disgruntled attorneys wrote in their motion. [Mercury News]
* “[If] I cannot keep my oath of office, I’d rather die than live without honor.” A judge in Thailand shot himself in court in an apparent attempt to take his own life after acquitting men of murder charges whom he’d reportedly been pressured to convict. [The Guardian]
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Government
Can A President Be Impeached On 'Hearsay' Evidence?
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Morning Docket
Morning Docket: 09.30.19
* In a series of tweets (because where else would this happen), President Donald Trump demanded to meet the Ukraine whistleblower, accused the person who gave information to the whistleblower of being a spy, and said he wanted House Intelligence Committee Chairman Adam Schiff “questioned at the highest level for Fraud & Treason.” [The Hill]
* In related news, the Ukraine whistleblower is expected to testify before Congress “very soon,” and he’ll be given all of the protection he’s due, including the concealment of his identity (especially considering the fact that the president recently warned that he’d face “big consequences” for his actions). [Wall Street Journal]
* According to a recent poll, more than half of Americans now approve of the Trump impeachment inquiry, but there’s division across political lines over whether the president actually deserves to be impeached. [CBS News]
* Jones Day has filed a motion to dismiss against the married former associates who sued over the firm’s parental leave plan, claiming their policies are “sex-neutral in every respect” and calling the the lawsuit “legally meritless.” [American Lawyer]
* Here’s an update on Robert Cicale, the judge who pleaded guilty to a felony after breaking into a former intern’s home and stealing her underwear: His suspension will now be without pay, and he’ll lose his license to practice upon sentencing. [New York Law Journal]
* Plato Cacheris, a premier member of Washington’s defense bar who played prominent roles in the Watergate, Iran-contra, and Clinton/Lewinsky affair scandals, RIP. [Washington Post]
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Government
Rudy Giuliani Denies Whistleblower Charges In Very Rudy Giuliani Way
He also referred to the allegations as 'total nonsense.' -
Morning Docket
Morning Docket: 09.23.19
* After days of unrest following news of a whistleblower report concerning Donald Trump’s alleged conversations with Ukraine’s leader about investigating former VP Joe Biden, the president now acknowledges that he did discuss Biden, and that he did acccuse him of corruption, but he left out the part about where he reportedly urged President Volodymyr Zelensky to work on investigation with Rudy Giuliani… repeatedly. Lawmakers are understandably up in arms. [New York Times; Wall Street Journal]
* House Intelligence Committee Chairman Adam Schiff says that “we may very well have crossed the Rubicon here” and that impeachment may be “the only remedy” if Trump did, in fact, pressure Ukraine to investigate a political opponent. [Slate]
* Meanwhile, Senator Dianne Feinstein, the top Democrat on the Senate Judiciary Committee, has demanded that Attorney General William Barr release the Ukranian whistleblower complaint to lawmakers ASAP, as required by law. [The Hill]
* Penn Law recently held a town hall meeting with students to discuss Amy Wax, and the controversial professor is pissed, claiming not only that she wasn’t invited but that she had no idea about the meeting’s existence in the first place. [Philly Voice]
* How do you like them apples? Whitey Bulger’s family plans to file a $200 million wrongful death claim against the government over his prison murder. [Boston Herald]
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Labor / Employment, On The Job
The SEC Doesn't Like Your Employment Agreements
Companies should examine their employment agreements to ensure compliance with SEC rules. -
Biglaw, White-Collar Crime
Akin Gump Partner Arrested Trying To Sell The Details Of A Whistleblower Complaint (While Wearing A Wig)
He allegedly told the arresting agent, “My life is over.”
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Health Care / Medicine, Videos
If You Like Watching Lawyers Make Awkward Music Videos... Here You Go
If you didn't think Lorde's Royals would make the perfect vehicle for reaching out to whistleblowers, you weren't thinking hard enough. -
Finance
FINRA Again Cautions Against Confidentiality Provisions Silencing Whistleblowers
As reported this week by Law360 (subscription required), the Financial Industry Regulatory Authority (FINRA) recently issued a reminder (Regulatory Notice 14-40) warning firms against the use of confidentiality provisions in settlement agreements that prohibit or otherwise restrict customers or anyone else (such as current employees) from communicating with the Securities Exchange Commission (SEC), FINRA, or any federal or state regulatory authority regarding a possible securities law violation. -
Litigators, Litigatrix, Privacy, Quote of the Day, Technology
Edward Snowden's Lawyer Is One Bad-Ass Chick
What are some of the technological luxuries she's given up to keep his secrecy intact? -
Small Law Firms, Solo Practitioners
Do Solos And Smalls Have A Hometown Advantage?
How much of an edge does a lawyer’s hometown -- or college or law school town, for that matter -- provide in starting a successful solo practice? -
Federal Government, Politics, Privacy, Technology
Did Edward Snowden Have Options?
And how well did Snowden think through his options before acting? -
Biglaw, Conferences / Symposia, Contempt, Dewey & LeBoeuf, Lateral Moves, Non-Sequiturs, Partner Issues, Television, Theater, Videos
Non-Sequiturs: 03.24.14
* Congratulations to WilmerHale on landing former FBI director Robert Mueller, and congratulations to Mueller on his move (a homecoming of sorts; he was once a partner at Hale & Dorr, the “Hale” in “WilmerHale”). [DealBook / New York Times] * A former television judge gets held in real-life contempt. [Memphis Commercial Appeal] * In the wake of the Dewey & LeBoeuf criminal charges, Jean O’Grady poses an interesting question: should law firms have whistleblower programs? [Dewey B Strategic] * “Have a Better Legal Career by Being Less of a Lawyer.” [Medium] * This story of losing a client might contain lessons for lawyers. [BigLawRebel] * As we previously mentioned, the SCOTUS-themed play Arguendo is coming to D.C., and there’s a discount code for ATL readers: WMATL, good for 15% off on previews, Friday nights, Saturday matinees, and Sunday evenings. Enjoy! [Woolly Mammoth] * In case you missed our Attorney@Blog conference, our friends at wireLawyer were on hand to document the proceedings. Video after the jump…. Thanks again to wireLawyer, for this great video and for hosting the post-conference cocktail party: