Kathryn Rubino is a member of the editorial staff at Above the Law. She has a degree...
Joe Patrice is an Editor at Above the Law. For over a decade, he practiced as a...
Published: | November 10, 2021 |
Podcast: | Above the Law - Thinking Like a Lawyer |
Category: | Legal Entertainment , News & Current Events |
Sidley is offering associates firm branded AirPods and jackets as a token of appreciation after bringing lawyers back to the office. Putting aside whether or not that’s a fair deal for associates, what exactly makes for a good branded gift? Not all swag is created equal. We also chat about a town in California that has declared itself an independent Constitutional Republic (that’s not a thing), the moral authority of Big Bird, and Lin Wood’s emails.
[Music]
Joe Patrice: Hello.
Kathryn Rubino: Hello.
Joe Patrice: And welcome to another edition of Thinking Like A Lawyer. I’m Joe Patrice from Above the Law. That is Kathryn Rubino of Above the Law. We are, of course, also joined by Chris Williams from Above the Law.
Chris Williams: Hello, hello.
Joe Patrice: I shouldn’t have to say that all of that, right? Okay, we’re all from the same place. Should we like — should we just do our names and then it’s like that math equation where you put like a parenthesis and like Above the Law after that?
Chris Williams: It would help if there was like a Brady Bunch thing or like I knew a queue went to like smile at the camera and say name. I don’t know.
Joe Patrice: Right.
Chris Williams: I’ll just chime in.
Joe Patrice: Nobody else can see this, but us, right? So, I don’t know. I mean, because we haven’t gone visual yet at all.
Kathryn Rubino: I’ll need at least 48 hours before we decide to go to visual. Make sure my hair, makeup, nails are already there, the camera-ready.
Joe Patrice: Yeah, fair enough. We are here as usual to discuss wild and wacky legal stories of the week. But first, as you might imagine it is time. Step that one in there.
Kathryn Rubino: Come on.
Joe Patrice: Yeah. Time for some small talk.
Kathryn Rubino: Come on.
Joe Patrice: Hey everybody. How’s everybody doing?
Kathryn Rubino: Well, I was fine.
Joe Patrice: Good weekend?
Kathryn Rubino: Now, I’m just annoyed.
Joe Patrice: Good weekend, folks?
Kathryn Rubino: Sure.
Chris Williams: This weekend was great.
Joe Patrice: Oh, really?
Chris Williams: Yeah. I have some — went over to a friend’s house in Philly and they had a small get-together like eight people. Everyone is vaccinated, I think, but even if that wasn’t the case, there was some really good food.
Joe Patrice: Yeah.
Chris Williams: And I paid my interest for you like a cup bottles of wine. So, there were libations. And then I came home and I was like, okay, I have a half a cup of corn and pasta. This is not compared to how I was just eating, you know.
Joe Patrice: So, you’re pretty sure everyone is vaccinated. Did any of them just say “I am immunized.” Because I hear that that’s a — that’s the way around that.
Chris Williams: Well, my thing is I’m pretty sure everybody was vaccinated because people that aren’t let you know.
Joe Patrice: Yeah.
Kathryn Rubino: Sit down liars.
Chris Williams: Yeah. They’re like vegans.
Joe Patrice: Yeah. Yeah, no. So. with the exception, of course, of Aaron Rodgers, that’s the — I guest Chris you’re not as much of a sports person. But Aaron Rodgers told people in press conferences “I am immunized” which everyone just kind of shrugged off as he’s vaccinated, but it turns out —
Kathryn Rubino: Well, because it’s also — it started with, “Yes, I’m immunized” to the question, “are you vaccinated?” So, there was more than just lazy journalism at play.
Joe Patrice: But apparently, he had his homeopathic doctor. Give like, I don’t know, tea leaves and stuff.
Kathryn Rubino: Did you use air quotes there on the word “doctor”?
Joe Patrice: And well, when he also — in fairness, he also consulted with Joe Rogan.
Chris Williams: I’m about to say, “It was Dr. Joe Rogan.”
Joe Patrice: No, I mean he in fact said that I am in —
Kathryn Rubino: He literally said that.
Joe Patrice: –consultation with Joe Rogan about this so.
Kathryn Rubino: He saying Ivermectin now?
Joe Patrice: Yeah.
Kathryn Rubino: Because that’s a thing. All these people who are so worried about like the, “Oh, this is an untested vaccine.” And then they take literal animal medicine. Because that’s safer?
Joe Patrice: Yeah. Well actually, you know, this is why wasn’t necessarily going to lead with this story, but, you know, considering this has been what has dominated. Small talk. Maybe we should —
Kathryn Rubino: Jesus Christ.
Joe Patrice: Maybe we should lead into a story that Chris found. What’s going on out in California.
Chris Williams: Some mess.
Joe Patrice: Okay.
Chris Williams: There was a city in Callie goes by the name of Oroville, which makes you think of popcorn and —
Joe Patrice: It makes me think, I assume it’s a gold town is my guess.
Kathryn Rubino: Oh, or like ore like gold.
Joe Patrice: Or like I said like yeah, yeah, yeah. What I meant ore or is in gold. But, yeah.
Kathryn Rubino: Like O-R-E. Ore.
Joe Patrice: You see, I meant O-R.
Chris Williams: Oh it’s like R-O.
Joe Patrice: Yeah. Anyway, it’s something.
Chris Williams: There’s room for all of us to be wrong is what I’m saying.
Kathryn Rubino: I’m planning on panning for gold in a couple weeks.
Joe Patrice: Okay. Wait a minute, I think we may have to have an emergency return to, “No, I’m not going to hit this thing again. Don’t worry.” But you’re panning for gold. Who are you? I’ve always thought you had crotchety prospector in you somewhere.
Kathryn Rubino: I’m definitely crotchety. I definitely told a bunch of college students this weekend, that despite my adorable appearance. I am very cranky. No, I’m going on a girl’s weekend with some friends of mine around in Colorado and we’re going to go to Idaho Springs, which is one of the first like gold mining towns in the area, and you can like pay 20 bucks and pan for gold.
Chris Williams: Okay.
Kathryn Rubino: I’m very excited about it. I love that kind of like corny thing to like take up an afternoon. I’m into it. I’m into it. I’ll let you know if I find anything, probably not.
Chris Williams: Do you get the chance to pan for gold or is it like guarantee they’ll have like some really nice high right —
Kathryn Rubino: I think if you pay like — I think if we pay a little bit extra, they guarantee that you find something.
(00:05:00)
Kathryn Rubino: I’m sure it’s worth less than the actual additional fee that you’re paying.
Joe Patrice: Yeah, that’s how economics works. Yeah.
Kathryn Rubino: Yeah, yeah. I’m not saying I’m an economist, I’m saying, I ain’t dumb.
Chris Williams: You can’t knock the hustle. That’s great. I know that there’s somebody would like a spray can and like some aluminum foil shaving, and you know, just stole a few in his pan. He won’t notice.
Kathryn Rubino: It’ll be fine. Oh, you want the draft.
Joe Patrice: He want the good gold. Yeah, and you know, maybe you’ll find some gold, at which — and I hear was a thing before crypto. So yeah. So, let’s go back to Oroville whatever the hell it’s Latin root is
Kathryn Rubino: Gold town.
Joe Patrice: What’s going on?
Chris Williams: Yeah. So, the municipality just kind of unilaterally declared itself not subject to the laws of California because they were vaccine mandates. And they were like, “Yeah, nah.” So, I think the legal language they use with that, they decided to declare of themselves the constitutional republic, but I know a good now when I see one. And I’m like, I don’t know if you can do that, like there’s kind of like seceding, like I don’t know. My money was on Texas doing this.
Joe Patrice: Well, I mean, so they’re following the —
Kathryn Rubino: They don’t need to. They have the fifth circuit.
Joe Patrice: Yeah. Well, Texas. Yeah. Well, so they’re following the Oroville here for those who are interested in legal analysis. They’re following the constitution of press —
Kathryn Rubino: That was some shade right there. We are just chitchatting and you’re like, “Ah, excuse me, if you would actually –” if the reason that you’re tuned into this legal podcast, is legal analysis, Joe Patrice has you covered.
Joe Patrice: I don’t, as it turns out. I was about to say something, but it’s not that, but you decided to make it a whole thing.
Kathryn Rubino: It was very —
Joe Patrice: Now, it’s awkward.
Kathryn Rubino: Why do you have to be a weird.
Joe Patrice: They’re following the precedent set by Petoria from a classic episode of Family Guy where he declared his housing separate entry. Yeah, you can’t just say that you’re now separate from the laws of the rest of the country. South Carolina and a few other states tried that once too and it didn’t work out for them either.
Kathryn Rubino: Well, long term.
Joe Patrice: Yeah. Anyway, point is so they — why are they their own country now?
Chris Williams: They’re fighting the jab. Something about like personal liberty and all that stuff.
Joe Patrice: Yes, so they are attempting to become their own country, so that they don’t have to follow any vaccine mandates because they’re crazy.
Chris Williams: And the thing that gets me about this is there are so many issues that people could be up in arms about like, I don’t know this is just bad propaganda, but it looked like there was a thing happening in Germany. That’s basically, like a in the arms of the angel feed American children, like because they’re struggling with widespread starvation, which is true and there’s like housing crises and people can’t afford insulin, but they’re like now, “Let’s leave California because of vaccines.” Like, that was not in my bingo of like crisis issues.
Joe Patrice: Look I mean, the bingo card has been broken, right?
Kathryn Rubino: We are no longer playing the same game.
Joe Patrice: I mean, we all learned that Jake from State Farm was right to be very, very dismissive of how gullible Rogers is. We are — we learn —
Kathryn Rubino: I guess, it’s been confirmed, by the way. They are pulling those commercials.
Joe Patrice: Yeah. I mean, they need to.
Chris Williams: Wait, what?
Kathryn Rubino: Yeah. All those Aaron Rogers State Farm commercials. Everyone started commenting over the weekend. I haven’t seen one in days.
Joe Patrice: I did see one over the weekend, but it is —
Kathryn Rubino: They’re slowly pulling them.
Joe Patrice: Yeah, but it is — I mean it’s just perfect because the whole premise of the recent spate of ads is that he’s so gullible. He actually believes their rate applies only to him, which is a meta commentary on what just happened. But that happened, I didn’t have necessarily on my bingo card that Ted Cruz was going to attack big bird, that also happened.
Chris Williams: What?
Joe Patrice: Oh, no.
Kathryn Rubino: Have you not been following?
Joe Patrice: Oh, the big bird situation. Well, a big bird —
Chris Williams: This is an actual thing like —
Joe Patrice: Yeah.
Kathryn Rubino: This is real life.
Joe Patrice: Sesame Street —
Chris Williams: Oh, isn’t it?
Joe Patrice: – the children’s television workshop has historically had numerous public health initiatives to get kids to feel safe around doctors and so on, including over the years multiple bits about vaccinations and helping kids deal with getting the mandatory vaccinations that have been required for ever in this country. They did one about the new, now that 5- to 11-year-old can get it, a new bit about, you know, getting yourself a vaccinated and how it’s okay and you’ll be all right. And Ted Cruz, as well as most of the conservative Twittersphere started going nuts about how government propaganda and Big Bird is out to get your children and yada, yada. Yeah.
Chris Williams: I mean, you want to talk about COVID propaganda, like, literally, we’ve had all of the presidents getting their shots on camera in order to build confidence. That is the exact same thing. But when Donald Trump gets it, then it’s okay. Like, I don’t get it.
(00:10:01)
Joe Patrice: Yeah, it is weird how they don’t seem to be concerned that Trump got it, but they seem very, very concerned that Big Bird who is not your most children listeners, not actually a real Big Bird.
Chris Williams: You take that back right now. I don’t think I can fight you, but I know where you work. It’s only a matter of time until we have a meeting in person.
Joe Patrice: Right, exactly, someday, sooner if we followed Rogers’ rules. So now, we have gotten off of the Oroville situation. I wanted to read —
Chris Williams: We can stay off it. We’re talking about Big Bird right now. Much how if we’ll beat your ass over Big Bird.
Joe Patrice: I will read a little bit from mare of the town saying that I assure you folks that great thought was put into every bit of this. Nobody willy-nilly through something to grandstand.
Kathryn Rubino: They absolutely did it willy-nilly.
Joe Patrice: Yeah, false.
Kathryn Rubino: First of all, if you have to use a rhyming phrase, I mean listen, from Argel Burgle down on, once you start using those rhyming phrases, I feel like your legal argument is fundamentally compromised.
Joe Patrice: Wait, wait, wait, wait, that’s interesting. Well, I mean, yeah. So, that’s interesting. So, in response, Lisa Pruitt, who is a rural law expert at the UC Davis responded pointing out that a municipality cannot unilaterally declare itself, not subject to the laws of the State of California. Whatever they mean by constitutional republic, you can’t say hocus pocus and make it happen. So, everybody’s rolling with this.
Kathryn Rubino: Well, she knew who’s she’s talking to.
Joe Patrice: Everybody’s rolling with the rhyming today.
Kathryn Rubino: Well, and this whole not wanting to be subject to vaccination policies does not just applied to Oroville or the Green Bay Packers quarterback, but there was also a story this week about a big law associate who quit Wilmer held over vaccination mandates and sent a farewell email that was like, “this is why I’m being forced out of the firm” and I’m like, would you hire this person anymore? Like, you know what their reasoning is like, you already have evidence that it’s suspect.
Joe Patrice: That’s a great point. So, this person, I don’t know how senior they are.
Kathryn Rubino: I think they are of very senior associate/counsel level.
Joe Patrice: Okay. So, this is somebody giving up upwards of $300,000 a year to not get a —
Kathryn Rubino: Free shot.
Joe Patrice: — a free medically certified vaccine and is putting themselves back on a market where now everybody in the world that’s going to know that they’re crazy person.
Kathryn Rubino: Yeah.
Joe Patrice: So yeah. Okay, well good luck with that.
Kathryn Rubino: I mean, well maybe wants a career only advocating for right with causes in which case, ding, ding, ding, ding.
Joe Patrice: I mean, yeah.
Kathryn Rubino: See there was an opportunity for a sound effect.
Joe Patrice: Yeah. I mean, that’s not how we do things here. I don’t know if you. We actually have that one. Yeah, but yeah, no I don’t know why nowhere this person goes unless Rogan needs like a general counsel or something.
Kathryn Rubino: I mean, and he went to law school.
Joe Patrice: Yes, somewhere.
Kathryn Rubino: And you think that, you know, that the sorts of things, these are the basic reasoning would be something you would tackle in the course of attending law school.
Joe Patrice: I mean, yeah.
Kathryn Rubino: But that’s why you went to law school.
Joe Patrice: Oh, is that why you didn’t go to becoming an accountant?
Kathryn Rubino: I didn’t. That’s not why I went to law school.
Joe Patrice: Yeah. So you went to law school to be a lawyer, not an accountant. Take advantage of node, no cost IOLTA management tool that helps solo and small law firms track client funds down to the penny. Enjoy peace of mind with one-click reconciliation, automated transaction alerts, and real-time bank data, visit trustnode.com/legal to learn more. Terms and conditions may apply. You know, I was not expecting that to be the end of that segment. So, I was like, still thinking of stuff to say but you’re right, we probably should be moving on.
Kathryn Rubino: I mean, we definitely hit it.
Joe Patrice: Yeah. Okay. Fine then, be that way. So, let’s also talk one of the big stories of last week that generated a lot of response. Sidley is —
Kathryn Rubino: A big law firm.
Joe Patrice: A big law firm is reopening its offices and telling people to come back. This is news to the extent that most of their peer firms have already pushed off the reopening in to 2022 just because —
Joe Patrice: Formal re-openings certainly.
Joe Patrice: Formal re-openings, yes, obviously, the people can get in. But Sidley, very much is going forward with, “Hey, everybody get back here.” With that said, understanding that all these associates are looking out at their peers being told that they don’t have to return this quickly and they want to smooth that over by giving them, you know, firm branded AirPods and a jacket. I forgot about the jacket. They also get a firm jacket.
Kathryn Rubino: Well, I guess it’s better than nothing.
Joe Patrice: Yeah. I got a lot of flak over this article. Well, at first, I got a string of Associates who were very frustrated that this was the kind of bride, but basically for coming back to the office early, and with an office policy that and we’ve talked about this on earlier podcast, so I don’t want to belabor it too much.
(00:15:00)
But the firm does not have a set four days a week, three days a week, et cetera for their return. They just say, you know, “We embrace flexibility and we’re leaving it open.” And as we kind of said, if you don’t have a maximum number of days that people stay home, you don’t have a maximum number of days people are required to be in the office. It goes both ways and if you’re leaving it up to chance, what you’re going to end up with is a passive-aggressive rule that ends with everybody being in the office. So, a lot of people were frustrated about that. So, we got a lot of Early wave of support for the article about that. And then the accounts which I can only assume are sock puppet accounts for partners. Not necessarily or at least senior associates who are really —
Kathryn Rubino: Fancy themselves.
Joe Patrice: Fancy themselves becoming Partners started writing with their extreme disappointment at the tone of the article. But look, I’m not saying that it’s not nice to give people gifts. I’m saying that this is the context matters and giving them this little bribe struck me as a little off. I also thought though, and this is kind of where I wanted to take this conversation. I thought putting the firm name on your AirPods, I don’t know, there’s certain products that I don’t think need to be firm branded and I actually find a little awkward to be firm branded. Anybody else feel that way? Like I don’t need to everything — like a jacket I get, I don’t understand why my AirPods have to have the Sidley logo on them.
Kathryn Rubino: I mean, if anything, I might say that the ear pods to the extent that you might want to set that you just leave at the office, so you’re not necessarily without them at the office but not carrying yours back and forth or worried you might lose them or something like that. You know, it’s at least more subtly branded than, you know, someone was a giant —
Joe Patrice: I guess that’s fair.
Kathryn Rubino: That’s a little much. It feels a little braggy when you have some jacket like Scad and blazoned on it or some such.
Chris Williams: Sidley, is it a New York?
Joe Patrice: There is an office here. There’s everywhere. Chicago’s the home. Yeah.
Chris Williams: So, my cynical thought was I wonder like as far as like when I advertising breakdown, was it cheaper to give the employees branded headphones that people would feel like trains and what have you, then they associate with people that are smartly dressed and going to six-figure jobs rather than getting a billboard. That would have been a thing.
Joe Patrice: I mean, I don’t know, so any of the people on the hoi polloi on the subway probably aren’t hiring Sidley. Yeah, no, I think —
Chris Williams: You’ll never know. I mean, I rode a train a couple times. Also, was an employed by Sidley. So, you may have a point. But still, it’s NYU students.
Joe Patrice: I mean, yeah, but you’re not a client, that’s the thing. Like you’re trying to get —
Chris Williams: Hopefully, ever — I don’t know, I don’t know if I can afford them. Am I have to get some headphones too?
Kathryn Rubino: Or half hour, you could do that.
Joe Patrice: Yeah, like the managing directors at big banks are not the people. Those are people they’re trying to impress. So, here’s a question though, I actually — you just recently came out of law school, you probably got lots of firm branded swag at various events and stuff like that. What do you think was the best firm branded thing that you were handed?
Chris Williams: Oh, that’s a good question.
Kathryn Rubino: Well, I will — I can tell you that like years later the one that I’ve remember was from Milbank and it was a tin of cookies like fresh from a bakery, not just like — not ship from some warehouse with a big Milbank logo on the outside of the tin. And I put Christmas cookies in there for years until I like moved and lost it in some point.
Chris Williams: Yes. Best swag I got from a firm was a little “slidy-thinging” that’s the technical term that I could put over my laptop camera.
Joe Patrice: Okay. I’ve seen those handed out.
Chris Williams: From Littler and it gave me the — the closest satisfaction I’ve had that came from that prior to that was back when flip phones were thing. You could like hang up on somebody with them. Like, when I was in class, I could just — and then camera off, you know. That gave me so much joy.
Joe Patrice: I’ve always been a fan of the umbrella. I feel like you always need more umbrellas. No one really judges you for having a branded umbrella
Chris Williams: I do.
Joe Patrice: So, it’s not like you’re awkward. Is he? I don’t know, like a hat, I feel like people are like, “Oh, they’re wearing a hat from some burn whatever.” But I feel like with an umbrella, nobody.
Kathryn Rubino: There’s a utility to it. I see, what you’re saying, but I feel like there are a couple of very important caveat. First of all, no one wants a golf umbrella.
Joe Patrice: That’s fair. No, it has to be one of those compact umbrellas.
Kathryn Rubino: Because those are just eye-poking hazards, especially in cities, right? Two, I have very, very deep thoughts about my umbrella game. I would like one that’s tiny enough to fit in a purse. I have lots of different colored umbrellas. So, I like to coordinate them. If it’s a likely rain day, with what I’m wearing. I also like one that’s like fun and happy.
Joe Patrice: Well, if you’re wearing the firm jacket, it would coordinate.
Kathryn Rubino: Wow. I just got owned there.
(00:20:00)
Okay. Points to Gryffindor, or should I say Slytherin. Anyway, but I do think that if you happen to be caught without an umbrella or one of those very sad situations where you brought an umbrella, but it got flipped inside out and is now useless, even though it matched perfectly your outfit, you know, having an extra firm branded umbrella might be useful as opposed to the $25.00. You would have to buy at the local Bodega because you don’t want your hair to get ruined, you know.
Joe Patrice: I got a computer bag, which I used for years. So, I liked it but when I first got it, I thought that was a bad idea for a gift because I thought yeah, this is — it’s a bag, but I already have a computer bag, but then that one ripped. And so, then I started using the branded one. But that’s why I don’t like when this is goes to the AirPods too. I don’t like gifts from firms that I could have bought myself and I may already have one. Like they’re going to be associates who already have headphones or have decided AirPods don’t work for them or have a different brand. Like now you’ve given them something they don’t really need like, that’s why and bags work that way. Umbrellas, I feel good because you can never have too many of them. Anyway, that’s my take on the water bottles, I think also fit into that. They’re little boring, but, you know.
Kathryn Rubino: Man, I have so many water bottles though.
Joe Patrice: Yeah.
Kathryn Rubino: Well, again, because I like my water bottles to coordinate with my outfit.
Joe Patrice: For a while, socks were very big. I think I have — I hope we mercifully gotten over the sock.
Kathryn Rubino: That’s awful.
Joe Patrice: Yeah.
Kathryn Rubino: No, no one wants your — no one wants branded socks.
Joe Patrice: Yeah, I mean —
Chris Williams: I never want to see a branded water bottle again. I remember this year’s being in — what is it? Anheuser-Busch Halls going to wash you.
Joe Patrice: Oh right, yeah.
Chris Williams: Red LexisNexis bottles or — I’m like this there’s something about this — just feels dystopian. I don’t need to drink from this. I mean, I still did because it was free, but that’s also a part of me that feel evil.
Joe Patrice: I mean, I do think that the — like, yeah. I don’t understand why you didn’t get like, beer steins and stuff if you were at Anheuser-Busch Hall.
Chris Williams: We got drunk.
Joe Patrice: Well, yeah.
Chris Williams: They gave us the stuff that goes in stein. So, I mostly complaining in there.
Joe Patrice: We did that at NYU too, but we didn’t have any cool sponsors for it. Anyway, go on.
Chris Williams: Speaking of sponsorship, I’ think this might be your fault, because there was — might even use particular. So damn you and, you know. So, because there was a party that happened at Washu couple years back like maybe like a Halloween or something, and it made Above the Law. And after that, they stopped serving hard liquor and admit on the classier things like wine and Seltzer’s. But now, I think they’re just given like tinctures. I don’t know, they seem like a year after year that is waning down on the content. So, thank you, Joe.
Joe Patrice: It was in fact Ellie. So, you can’t blame. I was here at the time and it was a — it appears to have been a Halloween party, yup.
Kathryn Rubino: But it does make you think that firms can do a better job about branding, especially, you know, like you were sailing Anheuser-Busch Hall should give out beer, right? Like there are certain firms that really should be like leaning into who they are, what their name is when they’re making these decisions, right? Like Drinker Biddle, if you gave me a nice little like a classy glass set, so I can put my drinks in my Drinker Biddle thing like that, that —
Joe Patrice: Oh, okay. I thought they were going to give you a Biddle.
Kathryn Rubino: Amazing, amazing.
Joe Patrice: Yeah.
Kathryn Rubino: Or like the new Knight & Thompson. Maybe they give me a nightgown. See, where I’m going with that’s?
Chris Williams: That’s a lawsuit, that’s a lawsuit.
Joe Patrice: Chest set or something that makes a little bit more knight sense like that.
Kathryn Rubino: Yeah. knight with a cape, sure.
Joe Patrice: Or a talking car to solve crimes with, like regular.
Kathryn Rubino: Oh, yes, yes. Why your brands leaning into their names a little bit more.
Joe Patrice: We’re going to have to spend some time working on this for this week. Yeah, we’ll regroup and talk about this a little bit more. We have been going for a while, but let’s hear from our friends at Lexicon for a second.
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Joe Patrice: All right. Well, we’re back. We actually have, you know, done a pretty good job where we filled most of our time here. So, I don’t want to necessarily involve us in yet another full topic, but I did want to, you know —
Kathryn Rubino: Do you have any clowns this week?
Joe Patrice: Oh, yeah. That was a thing we were going to do.
Kathryn Rubino: Remember, you were going to do it.
Joe Patrice: Yeah, then we kind of —
Kathryn Rubino: You were going to do, not me, you. Definitely you.
Joe Patrice: Yeah. Yeah.No, it was definitely me. And no, I didn’t but —
Kathryn Rubino: I figured Linwood might be one of those.
(00:25:02)
Joe Patrice: Oh yeah, that —
Kathryn Rubino: A perennial topic for a clown.
Joe Patrice: Oh yeah. So, the running of the —
Kathryn Rubino: It’s not that I like it, it just makes me laugh that noise.
Joe Patrice: So, the running of the clowns this week, Linwood, you know, right wing lawyer these days. He is now in trouble because he is being sued by his former partners over share of the profits in an undisclosed case, which is absolutely the Nicholas Sandman case, and everybody knows it based on the redactions. But they’re looking for some fees. This suit has been going on. There was a settlement agreement and after that, the client refused to pay the other partners and that was theoretically the end of it. The other partners have been claiming in court that they smell kind of a rat about it and think that maybe this was some collusion between wood and the client to prevent them from getting money. That’s being litigated out, but the latest is that somehow these partners got their hands on emails written by Wood to local counsel saying, “Hey, I need you and the client to agree not to pay my partner’s”, which certainly seems damning. His counsel argues that no, no, this was before we sign the settlement agreement. So, I don’t understand why this is relevant which may or may not be true, but it is certainly not an answer to why they never turned over these documents because discovery doesn’t work like that. You don’t get to say, “I’ve decided. This is not relevant. So, I’m not giving it to you in response to your clear on its face request.” So, yeah, So, he’s got a sanctions motion face there. Obviously, he has other sanction motions, but he’s facing a sanction motion there and also potentially a more substantive problem if he really did collude with local counsel to shut out his partners —
Kathryn Rubino: Soon to be former, yeah.
Joe Patrice: — despite signing a settlement agreement with them. So that’s news for him.
Kathryn Rubino: I mean, he can’t just help himself. He has to write it apparently.
Joe Patrice: I mean, that was the cracks in my piece was you got to take this guy’s keyboard away from him. He just can’t — he can’t help himself.
Kathryn Rubino: Yeah. Definitely count this as a running of the clowns. Good job, Joe.
Joe Patrice: Yeah. No, no. I think it does. You said you like that sound. Why is it now you’re winking?
Kathryn Rubino: No, I didn’t. No. I said I didn’t, but it made me laugh and that time it just annoyed me.
Joe Patrice: Fair enough.
Kathryn Rubino: Once was enough. It was a very loud noise.
Joe Patrice: I mean, yeah. I mean, I think I can post — they adjust these so they don’t see.
Kathryn Rubino: It’s jarring regardless.
Joe Patrice: Yeah. I’m going to use that one.
Chris Williams: Just make it worse. Just make it worse.
Joe Patrice: Maybe that’s one we’ll use in the future. All right. So, we have covered a lot of ground today from California COVID and Big Bird to Linwood and branded gifts. You should be checking out Above the Law, so that you can read some of these stories as they come out. Not that you can’t just listen to us. You obviously can, but you know, you can check out that place for some more content. You should be listening to show. You should be subscribed to the show, so you get new episodes when they come down, give them reviews, stars, write something about them, helps show engagement, which helps more people find the show. You should be listening to Kathryn show The Jabot. I’m on The Legaltech Week Journalists’ Roundtable every Friday. Well, not the last few Friday’s, we’ve had scheduling issues. But you know, well, we should be back this week. You should be following us on social media. I’m @joepatrice, she’s @kathrynI, the numeral 1, Chris is @rightsforrent. You should be checking out the other shows from the Legal Talk Network. You should be thanking our sponsors, Lexicon and Nota powered by M&T Bank. And I think with all of that we might actually be done for this week and we will check in next week.
Kathryn Rubino: Peace.
Chris Williams: See you soon.
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Above the Law - Thinking Like a Lawyer |
Above the Law's Joe Patrice, Kathryn Rubino and Chris Williams examine everyday topics through the prism of a legal framework.