Forward GC: Recent Episodes
LawTrades
In this event we cover:
- Managing Your Money
- Understanding Risk Vs. Reward
- Choosing Investments
Managing Your MoneyTo manage your money effectively, focus on both cash flow (money coming in and going out) and net worth (assets minus liabilities).
- Prioritize paying off high-interest debt before investing or saving.
- Consider automating savings contributions to make it easier to save consistently.
Understanding Risk vs Reward* 6:11 Investing involves balancing risk and reward. Generally speaking, higher-risk investments offer higher potential rewards but also come with higher potential losses. * Diversification is key to managing risk in your investment portfolio. Spread your investments across different asset classes and industries.
Choosing Investments* When choosing investments, consider factors such as fees, historical performance, and the overall market environment. Index funds are a popular choice for many investors because they offer broad exposure to the market at a low cost.
Importance of Tracking ExpensesWhy Track Expenses?* Tracking expenses is important to understand spending behavior. * Getting 12 months of data is necessary to account for seasonality and smooth out spending habits. * Use tools like Tiller Money, Mint, or Rocket Money to plug in accounts and get real data.
Compensation Structure* 18:16 Partners in law firms receive a base salary for three years before their total compensation is increased to seven or eight figures. Partners are responsible for making estimated tax payments directly to the government instead of having withholding come out of their paycheck. This can lead to cash flow issues and confusion about promised compensation.
Challenges of Partnership* The transition to partnership can be challenging due to the sudden increase in responsibility and financial obligations. It may take several years before things normalize, leading to frustration among new partners. Many professionals, including lawyers, lack financial education and rely on working hard and throwing money at problems rather than managing finances effectively.
This Week: An AI model just passed the bar exam in the 90th percentile, Twitter is dealing with a source code leak, and the crypto space is facing serious litigation. Plus, remote work ≠ bonus, and tort reform in Florida has sparked a feud.
THIS WEEK: The streaming wars arrive in South Park, California stands up to AI, and what part of AI-generated art is the actual art. PLUS, pandemic-era lawyers may need to boost their experience, and the Texas Two-Step continues to unravel.
THIS WEEK: Johnson and Johnson finds no success in bankruptcy, Google's search for digital ad dominance may be ending, and Silicon Valley is caught up in fighting pirates. Plus, Rick Astley will never let you down, and Meta reverses course.
This Week: The Winklevoss twins are back in litigation, JPMorgan goes to court over a recent acquisition, and ex-Twitter employees say they weren't paid severance. Plus, a new copyright court venue is doing well, and scammers are increasingly eyeing former tech workers.
THIS WEEK: Sam Bankman-Fried pleas not guilty and throws his lawyers under the bus, TikTok gets blocked on government devices, and pay transparency becomes law. Plus, Big Law pay cuts keep coming, spyware at the DEA, and a law school rankings refresh.
On this episode of Not Billable, we sat down and chatted with James Walker, Associate Counsel and Investments at Draper Associates (an investor of Lawtrades), a venture capital firm run founded and managed by Tim Draper.
James shares his experience getting his MBA/JD through the J-Term program at Columbia University and what it was like to pivot from Big Law at Latham & Watkins into a hybrid business legal role at Draper Associates.
Working at Latham & Watkins
James started his career as an associate attorney at Big Law firm, Latham & Watkins
Latham & Watkins is institution in the legal industry and a well known player in the emerging companies space.
While in this role, James gained valuable experience and skills that he still uses today.
The J-Term Program at Columbia University
After more than 2 years in Big Law, James decided to pivot and get his MBA.
James ended up applying to the impressive J-Term MBA program at Columbia University, which would give him the ability to earn his graduate degree in just 18 months (instead of 2 years).
Unfortunately, when James was set to graduate in 2020, COVID-19 hit the United States.
James needed to pivot fast.
Draper Associates
James ended up reaching out to Tim Draper to see if any of his portfolio companies needed legal counsel.
Instead of referring James out, Tim decided to bring him on to help save on legal expenses.
Eventually that role evolved into much more of a hybrid of business and legal.
James is now more of a 1/2 internal counsel, 1/2 strategic business advisor.
Closing Thoughts
Big law firms can offer many opportunities and experiences, but it’s not the only path a lawyer can take.
In-house legal is a dual-hat wearing role (law and business).
By regularly evaluating your skills and interests and seeking out opportunities to grow and develop, you can determine where you are most useful in your legal role.
This Week: is ChatGPT coming for your job, a law firm suing its associates over billed hours (or lack thereof), and AI-generated art raises new questions. Plus, the Bankman-Frieds have disappeared from Stanford Law, and some celebrity legal drama.
This Week: Swifties unleash a fury on Ticketmaster, the Crypto Crisis expands to BlockFi…and beyond, and is the T14 a thing of the past? Plus, some IRL sh*tposting, and a surprise twist in a quarter-billion dollar tax evasion scheme.
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
► CHECK OUT OUR FEATURE ON FORBES
► DOWNLOAD OUR ULTIMATE BLUEPRINT FOR BUILDING A LEGAL OPS TEAM
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
► DOWNLOAD OUR ULTIMATE BLUEPRINT FOR BUILDING A LEGAL OPS TEAM
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► RSVP for Commercial Contracting Panel
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► RSVP for Commercial Contracting Panel
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► MORE ON OUR APP RELEASE
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► MORE ON OUR APP RELEASE
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
➕ Check out our 5 Key Takeaways here
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
➕ Check out our 5 Key Takeaways here
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► MORE ON OUR APP RELEASE
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► MORE ON OUR APP RELEASE
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
➕ Check out our 5 Key Takeaways here
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
➕ Check out our 5 Key Takeaways here
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
➕ Check out our 5 Key Takeaways here
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
➕ Check out our 5 Key Takeaways here
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
➕ Check out our 5 Key Takeaways here
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
➕ Check out our 5 Key Takeaways here
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
...
HOST
Matt Margolis
GUESTS
Maureen Frangopoulos
Karina Skeie Margolis
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This podcast is powered by Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
...
HOST
Matt Margolis
GUEST
Alex Su
Ironclad
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
This week: Proposed legislation brings digital health data into focus, the Biden Administration weighs executive action post-Roe, and updating digital privacy laws for minors. Plus, Julian Assange faces extradition, SpaceX faces internal backlash, and where does IP law end and your bodily autonomy begin?
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
Welcome back to the FORWARD GC, a digestible newsletter with fresh takes on the legal news you need to start your day. Curated by friends at Lawtrades—a platform helping organizations bring the right legal talent at the right time to tackle strategic work.
► LEARN MORE ABOUT US
🔗
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We're Lawtrades, a marketplace platform that provides busy GCs the power to do more, with less.
► LEARN MORE ABOUT US
🔗
Website
Newsletter
Twit
LI
Insta
We’ve been making some changes with Forward GC, and we’re so happy to unveil our new podcast format! Welcome to Legal Bites with Oren & Matt. Listen as they dive into top trending legal and business news stories and lend their respective takes on such. While they may be giving off serious vibes, this conversation was a fun one.
If you'd like to watch this conversation, click here!
Last Tuesday, we had an enlightening discussion with 3x GC, 5x author, and creator of the award-winning Ten Things You Need to Know as In-House Counsel blog, Sterling Miller about how you can survive (and thrive!) as a legal department of one. Here’s what we learned.
This week: New York Taxis have made an unusual bedfellow, the Theranos saga continues with a new chapter, and the EU is cracking down on Big Tech. Plus, the slap heard ‘round the world, a California privacy law, and the SCOTUS takes sides on gerrymandering.
Last week, we had an uplifting, candid, and honest conversation with legal leaders centered on building inclusivity in the workspace. Moderated by our very own Melissa La Forest, we were joined by Darya Pollack (AGC, Compass), Jessica Villanella (Co-GC New York Mets), and Viviane Windmiller (Sr. Director of Legal, Illumina). Here’s what we learned.
This Week: Ed Sheeran learns the shape of a copyright suit, everyone wants a piece of the Chagos Islands, and Burger King maintains its rule in Russia. Plus, who takes your to-go orders, and digital juries.
This week: Major League Baseball reaches a deal to end the lock-out, Zelle finds itself becoming a scammer’s paradise, and asking if Ketanji Brown Jackson should recuse herself from a future case. Plus, Amazon may be facing a DOJ probe, and Biden says nyet to vodka.
This week: Nike lawyers up again, Tumblr agrees to LGBTQ protections, and a former Fox News producer gets caught for violating sanctions against Russia. Plus, the DOJ wants to hire you, the Big Law firms helping Russia, and putting a 150-year-old law to use.
This Week: The SEC is again investigating the Musk clan, the EPA may lose a powerful regulating tool, and Biden makes a historic SCOTUS nomination. Plus, the dangers of VR, office closures in Kyiv, and the case against the Trump Organization.
This week: Texas upholds its biometrics privacy law, Donald Trump and family are subpoenaed, and the Sacklers race for a settlement. Plus, Arent Fox enters the metaverse, and using data for a stronger hire.
This Week: Nike takes off its gloves, the question of AI selfhood comes into light, and how private are you social media posts? Plus, the Boy Scouts are nearing a settlement, and an epic Bitcoin heist comes crashing down.
This week: Is your Tinderella a scammer?, the NFL faces its own scrimmage, and protecting victims from forced arbitration. Plus, the case of the unvaxxed judge, and Duke Law opens a new clinic.
This week: Is your Tinderella a scammer?, the NFL faces its own scrimmage, and protecting victims from forced arbitration. Plus, the case of the unvaxxed judge, and Duke Law opens a new clinic.
This Week: Neil Young and Joe Rogan clash, Fans sue Universal Pictures, and Pennsylvania's voting laws. Plus, a Stormy Daniels update, and the social media boom.
This Week: The Supreme Court takes up Affirmative Action, The Points Guy is under fire, and a clarification of what NFTs actually are. Plus, the Afghan refugee crisis weighs on immigration lawyers, and upholding the Texas abortion ban.
This Week: Big Tech faces collusion charges, the Pharma Bro gets a permanent ban, and Ohio is redrawing the map. Plus, what athletes can teach about performance anxiety, and how a new bill could rewrite terms of service.
This Week: Nike goes after Lululemon, Biden's vaccine mandates hang in the balance, and a cartel of elite universities goes to court. Plus, Silicon Valley wants to bet on your lawsuit, and cashing in on the SPAC rush.
This Week: A verdict in the Elizabeth Holmes trial, Riot Games pays up, and New Yorkers rule on the opioid crisis. Plus, Airbnb finds a home in Cuba, and Chief Justice Roberts gives his annual report.
Connect with Charlotte on LinkedIn: https://www.linkedin.com/in/charlottesmithlawyercoach/
Check out her podcast here: https://podcasts.apple.com/us/podcast/limitless-lawyer/id1508407045
This Week: Moscow takes on Alphabet, Amazon delivers a new tone toward its employees, and Cuomo is ‘troubling’ if not criminal’. Plus, helping Afghan judges, blocking the New York Times, and our return to the office.
This Week: US Gymnastics closes a dark chapter, Apple can resume its monopoly, and book publishers spell out their case . Plus, the talent wars are shaking up Big Law, Sex And The City and the bike, and who should police the opioid crisis.
This week: Trump Media is under federal investigation, SoftBank's COO wants a bigger payday, and CalTech is lawyering up. Plus, alternative legal providers, a Tennessee mistrial, and Cravath gets an update.
This week: National pharmacy chains face their first opioid verdict, a gaming platform sues one of its trolls, and a former Pentagon head fights censors. Plus, prosecuting plane passengers, and starting salaries face inflation.
Join top legal professionals from Doordash, Adobe, Affirm and Branch as they discuss their top tips for practical commercial contracting.
Please note that the opinions voiced in this episode are personal views and are not the views of the companies.
This week: Elizabeth Holmes finally takes to the stand, A clash of Wall Street titans, and McKinsey is fined by the SEC. Plus, lawyers for voting rights, and possible Supreme Court term limits.
This week: Uber defends its ADA record, a lawsuit aims to clarify who founded Bitcoin, and Trump keeps his records hidden. Plus, Big Law gets a lock-up, and the California Bar exam hits a snag.
This week: The DOJ is about to get a top antitrust leader, and Facebook outlines a “legal hold.” Plus: an update on the Supreme Court session.
This week: Trump’s new media venture is already feeling the legal heat and the Elizabeth Holmes trial reaches its midway(ish) point. Plus: Kellogg’s has a legal problem with Pop Tarts.
This week: Lawmakers feel misled by Amazon and Facebook could feel some Section 230 heat. Plus, North Carolina notches an affirmative action victory.
This week: Facebook’s problems are not getting any smaller and China takes a major antitrust action. Plus, Epic and Apple have a new chapter in their court battle.
This week: Facebook’s other big crisis and the law firm embroiled in the Pandora Papers scandal. Plus, the Supreme Court starts one of its most important sessions in recent years.
This week: Law firms aren’t out front on the future of work and a new survey shows a mix of satisfaction and regret among lawyers. Plus, an Australian court decision could lead to some major Facebook changes.
This week: Apple and Google are going separate ways on privacy, and Twitter owes investors big time because of a legal dispute. Plus, there’s a new antitrust focus, and it isn’t tech.
This week: The Epic-Apple lawsuit is over (until the appeal) and Texas passed a social media law. Plus, why copyright law and music is such a big deal right now.
This week: The latest Big Tech-California tiff and a growing issue with internet shutoffs across the world. Plus: The FTC is tired of the McFlurry machine being broken.
The App Store is about to change because of a new legal settlement.
The settlement dates back to a 2019 lawsuit: App developers sued because they believed Apple held too much power in deciding how they could charge for payments and in taking commission. The settlement changes Apple policy by allowing developers to communicate directly with customers regarding payments outside of the App Store, according to CNN.
Apple also agreed to fork over $100 million: The companies in the lawsuit will receive anywhere from $250 to $30,000 each.
But this still isn’t much of a win for app developers
As the WSJ points out, they still cannot advertise their alternative payment methods within the app (they’ll have to rely on data collection to get users’ email addresses and communicate the payment methods that way). Plus Apple will still take a hefty cut -- up to 30% -- on all in-app purchases.
The Verdict
Bigger changes may come from the Epic trial because Epic wants its own payment system inside the app. It remains to be seen if this settlement has any impact on the pending decision in the Epic case.
One of the most anticipated trials in tech history started Tuesday with jury selection for the case against Theranos founder Elizabeth Holmes. Here’s an update on what the trial is about and what’s likely ahead.
Holmes, who has pleaded not guilty, faces 12 charges for allegedly defrauding investors and patients about revolutionary blood-testing technology that basically didn’t work at all. If convicted, the punishment could be as much as 20 years in prison.
Holmes’s defense is likely to center on blaming Sunny Balwani, a former business partner and romantic partner who also faces fraud charges. Documents from her lawyers suggest they will accuse Balwani of inflicting emotional abuse on Holmes that led her to believe his representations of the company were true. This defense would suggest Holmes was more of the company’s public face who shared messages based on what she heard from insiders like Balwani.
Holmes will likely testify at some point, based on the recent filings regarding Balwani. Other potential witnesses include Rupert Murdoch, a Theranos investor, and Henry Kissinger, who was on the board.
Just like Epic and many small developers, South Korea has a problem with Apple’s App Store and Google Play. And the results of its legal fight in Asia could indicate how friendly the Biden administration will be to Big Tech during the next few years.
South Korea has proposed a law that allows for alternative payment systems outside app stores: As you know from reading the story above, plenty of developers in America want to do the same thing. The U.S. government has also been skeptical of the power of Google and Apple.
The difference is that this proposal is coming from the South Korean government: Apple believes South Korea is targeting American companies, and the U.S. has traditionally worked to counter foreign laws it believes hurt domestic companies. Apple has asked the Biden administration for help.
Given the US antitrust fervor, this is an odd request: As the NYT put it, “Will (the Biden administration) defend tech companies facing antitrust scrutiny abroad while it applies that same scrutiny to the companies at home?”
Siding with Apple and Google could come at a price
Antitrust cases -- which are already going to be challenging for the government -- don’t come across with as much power if the Biden administration says it’s wrong for another country to take a similar regulation strategy.
Wendy Cutler, vice president at the Asia Society Policy Institute told the NYT, “You don’t want to be calling out a country for potentially violating an obligation when at the same time your own government is questioning the practice.”
The Verdict
Many other countries could propose similar legislation, putting the United States into an even bigger bind.
This week: What to know from an EY survey of GCs and the reasons why Prop 22 was ruled unconstitutional. Plus: the FTC amends its Facebook antitrust complaint.
This week: Trouble comes for Bill Ackman’s SPAC, and Sonos scores a court victory against Google. Plus: what does airplane seating have to do with the legal concept of ownership?
🧞♀️ What makes a SPAC a SPAC?
Famed investor Bill Ackman’s SPAC is getting sued because its detractors say it might not actually be a SPAC.
It’s the latest in a string of class-action lawsuits against the hyped blank check companies that help startups go public and could have wide-reaching impacts.
Ackman’s SPAC, Pershing Square Tontine Holdings, hasn’t acquired anything: And that’s, obviously, what SPACs are supposed to do. The closest it has come was a business deal with Universal Music Company, according to the lawsuit. The deal was not an acquisition and was eventually shelved by PSTH.
So what has PSTH been doing?: The lawsuit, from a former SEC commissioner and a Yale law prof, states the company has been investing in securities and little else. They say that should place PSTH under regulation of the Investment Company Act of 1940 and require greater legal oversight.
This lawsuit could disrupt SPACs all over
Plenty of investment funds, similar to Ackman’s, have gotten involved in SPACs. They could all face more questions about their involvements, according to the NYT.
The Verdict
IPOs via SPAC were already cooling off, and SPACs have been facing greater legal issues. Per CNBC, 15 lawsuits had been filed against SPACs as of early August, compared to five lawsuits in 2020.
🛫 How airline seating explains legal battles over ownership
Here’s a fun one for your Wednesday, courtesy of a Slate Q&A featuring Dahlia Lithwick and law professor Michael Heller: What are the legal ramifications of seat reclining on airplanes?
You’re either one of two people: Somebody who reclines on planes because the option is available, or someone who gets furious when the person in front of you leans back and makes it very difficult for you to do anything on your laptop.
The fight is about space: There’s a limited amount of it on airplanes, and both the reclining passenger and the person sitting behind the reclining passenger can argue they have a claim to the disputed space.
But here’s the kicker
As Heller explains, “that little conflict on the airplane seat is not just an accident, it turns out. It’s deliberately engineered by the airlines so they can sell that same space twice.”
There are all kinds of similar examples in the world. Typically, people interact politely and solve their problems, so we don’t tend to see them as legal ownership disputes.
The Verdict
Read the full Q&A or listen to the podcast to learn more about other fascinating legal questions over ownership.
🔊 Sonos wins against Google in copyright infringement case
It may be a lot harder to find Google voice-controlled speakers after a judge ruled against the search engine in a lawsuit started by Sonos.
Sonos is the originator of internet-connected speakers: It claimed in a lawsuit Google used its speaker technology in the Nest Audio, Pixel and Chromecast. On Monday a federal judge ruled in favor of Sonos, saying Google had infringed on five patents.
Google may face serious consequences: The judge believes Google should be barred from importing those products from China.
The decision isn’t final
In December, the US International Trade Commission will hear the case.
The Verdict
Big Tech better be on the lookout for Sonos. The company claims Amazon has infringed on its patents, too, and the only thing that prevented it from filing a lawsuit was a lack of clarity on whether it could sue two tech giants at once.
This week: A grocery store purchase leads to litigation, and Epic says Google tried to buy it. Plus: Is the SEC getting closer to landmark crypto regulation?
🔥 Amazon scores a huge court victory in India
The biggest legal fight in India is over a grocery store that is so big Amazon wanted a piece.
The Indian company Future Group owns hundreds of food markets and shops: But it hasn’t been doing so well financially. Amazon invested $200 million and reserved first purchasing rights if Future Group decided to sell.
Reliance Industries, a massive Indian corporation, entered the picture: Future Group agreed to sell to them for $3.4 billion. As for that agreement with Amazon? Well Future Group and Reliance figured the Indian courts wouldn’t allow it because of the stringent regulations the country has against foreign investors.
But that’s not what happened: The Supreme Court of India sided with Amazon last week, according to the NYT, blocking the sale to Reliance.
The bigger picture for Amazon
The eCommerce giant not only gets the win, but it may also get future opportunities in India. The courts and regulators had traditionally been hesitant to foreign businesses, but this legal decision could be a sign of changing times.
The Verdict
If Amazon’s legal battles against regulators and Congress are half as successful in the U.S. as they are in India, Jeff Bezos’s company will be in great shape.
🤔 Where exactly does the new head of the SEC stand on regulating crypto?
Crypto remains a largely unregulated $1.6 trillion market.
And will it stay that way because the new head of the SEC, Gary Gensler, is a major fan of digital currencies? Probably not.
Before the SEC, Gensler researched crypto: He even developed a course about it at M.I.T. But his soft spot for Bitcoin won’t get in the way, he told Bloomberg.
He already has behind-the-scenes regulation plans: These include regulation initial coin offerings, stable value coins, ETFs, and more. The gist of the SEC’s strategy, Gensler told Bloomberg, is to protect investors against fraud.
Commodity or security?
Gensler has asked Congress to give the SEC power to regulate crypto, but a new law might be unnecessary. He believes the SEC’s powers are broad enough already for it to take action, particularly regarding the various currencies that fit the definition of “unregistered securities.”
But plenty of others are more skeptical. The Commodity Futures Trading Commission has also tried to regulate the market, and the head of the CFTC recently said the SEC has no jurisdiction over crypto.
The Verdict
Change is already here. The SEC charged two people for unregistered sales of $30 million of crypto. It is the first time the SEC has taken such action.
🙊 After Epic sued Google, Google thought about buying Epic
If you can’t beat them...buy them?
That appears to have been the strategy of Google: In new court filings dissected by The Verge, Epic revealed the search engine giant wanted to buy them out. Epic highlighted it as a monopolistic tactic to “fence out competition.”
Epic lobbed another accusation, too: It stated Google offered them a special deal to have Fortnite in the Google Play store and not available through so-called independent sideloading.
Google denies everything
A company spokesperson told The Verge Epic’s lawsuit “mischaracterizes our business conversations.”
The Verdict
The drama keeps picking up for Epic in its lawsuit vs. Google, which was recently packaged with an antitrust suit against Google from the government. But we’re still waiting on the big decision in the Apple case.
Listen now | This week: A Napster case may influence Spotify, and ScarJo sues Disney. Plus: Big Law bonuses are going to the next level. 👽 A Napster harassment case could have a major impact on Spotify A name you haven’t thought about in 20 years is back in the news.
Amy Klobuchar has a new reason for changing Section 230, and Epic gets teamed up with the government against Google. Plus: the lowdown on Biden’s latest Justice Department nominee. 😷 The latest reason for redoing Section 230 The road to reforming Section 230 has been strewn with potholes and detours, but, of all things, COVID may provide an impetus for making changes to this very important internet law.
Get on the email list at newsletter.lawtrades.com
This week: There’s a major difference between China and the United States’ antitrust actions and a federal judge declares DACA unconstitutional. Plus: expect plenty of lawyers to leave Big Law for more flexibility this fall.
🇨🇳 Why Chinese antitrust is all about exerting government power
Just like the US, the Chinese government has been taking antitrust actions against large tech companies. But China has a much different goal, according to the NYT: maintaining more power, a monopoly if you will, of the government.
One antitrust expert in Hong Kong likens it to “shock therapy”: He told the New York Times China has reeled in major companies, like ride-sharing app Didi, to bring them back closer to the government. The end result could be China having de facto state control of tech and all the various data the tech companies collect.
China has been very blunt about this goal: The Communist Party said last year it wanted private companies to “firmly listen to the party and follow the party,” which tech insiders interpreted as a call for them to show their worth and loyalty to the government.
And when Didi didn’t listen to the government, it got shut down
The ridesharing app, which followed through with a U.S. IPO listing, has been removed from app stores over security concerns.
The Takeaway
While some of China’s actions could lead to a more level playing field and potentially lighter working hours for staff of major companies, its antitrust strategy is still centered on consolidating power for itself.
🤔 What to know about DACA and a new federal ruling
A Texas federal judge ruled DACA is unconstitutional. So what does that mean for the “dreamers,” the 600,000 undocumented immigrants who arrived in the U.S. as children and are protected by the law? Here’s a quick rundown.
The ruling stemmed from an obscure but wide-ranging law: Judge Andrew Hanen wrote that DACA violated the Administrative Procedure Act, known as the Magna Carta of administrative law. The Act requires a “notice-and-comment” session for major federal decisions. Ironically, legal scholars believed the Administrative Procedure Act may have been a barrier for Trump to repeal DACA.
Action will not be taken against current dreamers: And the judge’s ruling will have no effect on dreamers who have begun the renewal process of their status (dreamers must renew every two years). But the ruling bars the federal government from granting dreamer status to new applicants.
The next steps
A permanent solution for ensuring DACA stays intact will likely need to come from Congress. Immigration reform has failed in the past, but policies for making dreamers citizens have been mentioned as priorities for Democrats.
The Verdict
Before any congressional action, the Biden Administration is expected to appeal the federal ruling.
🧞♀️ Why 2021 is a good year for lawyers to jump away from firm life
A great attorney exodus could be heading for the nation’s largest law firms if they’re too strict about telling people to go back to the office.
As Lawtrades has known for years, remote working is popular: And Big Law firms found out the same thing over the last year when Covid forced people away from the office. But many of those firms have a hardline policy about returning to office life.
This is a mistake, according to recruiters interviewed by Law.com: Midwest recruiter Dan Scott said associate departures will rise in the fall if firms aren’t realistic about work from home. Companies and firms with flexible options will win. “Big firms that let their associates continue to work remote,” Scott told Law.com, “will be the beneficiaries of the lateral associates that are currently in firms asking them to come back to work.”
Some firms have already adjusted their work plans to keep employees happy
In late May, Paul Hastings announced that staff and attorneys would soon have to be back in the office five days a week. Within a few days, they backtracked -- but not before recruiters started hearing from Paul Hastings attorneys looking for new jobs.
The Verdict
At least in 2021, flexible firms and companies will win out.
This week: Google feels the antitrust heat and Chinese tech companies have a major barrier between going public. Plus, America is still trying to solve its Ransomware issue.
🍎 Why state attorneys have a problem with Google resembling Apple
What’s the basis of the antitrust suit against Google, ya know the one that hasn’t been swatted away already by a federal judge, a la Facebook? One simple way to think about it is, as the WSJ explains, regulators are tired of Google acting like Apple.
This new antitrust suit was filed last week: 36 state attorneys general accused Google of turning its Android operating system into a walled garden, i.e. that Google was too powerful in deciding how developers get to use the system.
Android wasn’t supposed to be like this: When it launched, Google presented it as a kind of anti-Apple. Whereas Apple has always exerted complete control over its App Store, Google allowed companies to develop their own app stores to compete against Google Play.
But Google started changing things: Last year, it began requiring all companies that sell services on Android to use Google’s in-app billing system. (This would include major players like Netflix and Spotify.) Google gets a 30% cut of the revenues.
So why is it potentially antitrust?
The attorney generals essentially believe Google is making life harder for the other companies and is able to do so because of its power and influence.
The Verdict
It’ll be a while before this lawsuit progresses, but in the meantime, the Epic v. Apple lawsuit could provide a glimpse of what’s to come for Google.
💥 Chinese tech companies go public at the risk of angering China
The hottest tech companies in China are pondering how to go public -- and not anger their government.
ByteDance just decided to postpone its IPO: The parent company of TikTok, which would have had one of the most hyped IPOs of the year, has bypassed hitting the stock market for an indefinite period of time. This isn’t about getting its finances straight: The WSJ reports that China wanted ByteDance to get its data security strategy in order.
This was likely more of a de facto demand than a request: The Chinese government warned Didi, China’s version of Uber, to improve its security, too, and Didi decided to go ahead with a U.S. public listing. China’s internet regulator has since opened a security investigation and removed Didi from Chinese app stores.
Chinese and American pressure
ByteDance has had issues before, with the Chinese government shutting down another one of its apps for vulgar content in 2018. And, of course, the Trump administration threatened to take TikTok out of American app stores over an entirely different kind of security concern -- that its owners would share data with China.
The Verdict
Security problems can always be an issue, but this appears to be as much about Chinese-American relations as anything else.
🥺 Can America figure out how to stop all the Ransomware?
Pipelines. Schools. The food supply. America has been getting wrecked because of Ransomware in 2021. Is there a good way to stop it?
America knows, more or less, why it’s been going on: Many of the major attacks have been traced to Russia-based hackers, but the options for retaliation aren’t so simple. For one thing, the attacks haven’t definitively been connected to the Kremlin, although the White House believes the Russian government has the power to stop them. Security experts say America risks escalation from Russia, i.e. even more attacks if it gets angry.
So what will the U.S. decide?: The NYT reports that the Biden Administration is on the verge of giving another verbal warning to Putin (he previously notified Putin of several critical infrastructure areas that would lead to an American attack if they were hacked) or potentially making stronger moves to dismantle Russian cyberinfrastructure.
We may be at the “red line”
Basically, the cyber attacks have been so frequent and so strong, particularly a July 4 hacking by a Russian group known as REvil, that the U.S. will take a new approach to dealing with Russia through a counterstrike.
The Verdict
The year of Ransomware is not slowing down at all and if anything is headed for an entirely new chapter. In fact, REvil mysteriously shut down as of Tuesday night. Was it America or Russia who brought them down? We don’t know.
This week: A judge makes a shocking decision in a Facebook case and ADT settles with Ring over blue signs. Plus: the ABA reveals a disturbing trend for racial disparities in bar passage rates.
👨⚖️ Facebook notches a victory in the antitrust wars
The FTC’s biggest antitrust case in years has landed with a thud.
On Monday, a federal judge threw out the FTC’s action against Facebook, as well as a similar case brought forward by states. Here’s how it all went down.
The FTC’s lawsuit argued Facebook had a monopoly over social media: It pointed to acquisitions of Instagram and WhatsApp as evidence of Facebook’s overly dominant position.
But the judge didn’t agree: James Boasberg ruled that the FTC had essentially not provided enough facts to illustrate that Facebook held a 60%-plus share of the market. This was a stunning move, given the hype surrounding reforms to major tech companies over the last couple of years.
As for the states’ lawsuit: Boasberg said their claims about unwinding Instagram and WhatsApp all stemmed from years ago and were not nearly recent enough. He noted that the action was premised upon things that occurred “when Kevin Durant still played for the Oklahoma City Thunder and when Ebola was the virus dominating headlines.”
The potential solution for the FTC
Stop if you’ve heard this before, but legal analysts say that antitrust laws, relics of the early 20th century, must be reformed for anything to stick against Facebook and other companies.
It could potentially happen: Republicans and Democrats and Congress have signaled support, and this judicial decision may solidify their interest. “This is going to strengthen the case for legislation,” Herbert Hovenkamp, an antitrust expert at the University of Pennsylvania Law School, told the NYT. “It seems to be proof that the antitrust laws are not up to the challenge.”
The Verdict
The judge gave the FTC a month to refile its complaint.
📃 There’s still a huge gulf in bar passage rates between white and Black and Hispanic lawyers
New data from last year shows striking racial disparities when it comes to passing the bar, according to Law.com. It’s been like this for years.
The ABA revealed the gap last week: In 2020, the passage for first-time white test takers was 22 percentage points higher than Black test takers and 12 percentage points higher than Hispanic test takers.
The data reflects past trends and apathy: Since at least 1990 studies have shown similar disparities. Still, hardly any key players in the legal community have worked toward solutions.
Ideas for change
One suggestion is to lower the cut-rate for tests to 130, like Missouri, Minnesota, and a handful of other states have done without endangering the quality of the legal profession. Another suggestion is making bar prep courses more available and affordable.
The Verdict
But wider scale changes have also been proposed (including getting rid of the bar exam entirely). One group of researchers suggests every state should allow licensure through the bar exam and through alternative means such as clinics and supervised practice.
🔵 Ring loses to ADT over a patent
Apparently this country’s only big enough for one security company with a blue logo.
A few months ago, Ring added new alarms -- called Outdoor Sirens -- for customers: They were octagonal and they were blue, and if you knew anything about home security they probably looked familiar. That’s because ADT has used an octagonal blue sign for decades and has the trademarks to prove it.
So ADT sued Ring in April: It asked Ring to stop using the sirens and to fork over some cash in damages. The lawsuit worked. The companies settled last week, and Ring will have to redesign the Outdoor Siren.
The Verdict
This isn’t the first time ADT has gone after Ring for trademark infringement. A previous sign led to controversy, and so did a dispute over alleged proprietary info.
This week: There’s an NFT lawsuit in the music industry, and SCOTUS makes a huge NCAA decision. Plus: why Big Law can’t keep lawyers even with inflated salaries.
🎤 The biggest NFT lawsuit yet
It’s a hard knock lawsuit for a former record exec who created an NFT of Jay-Z’s debut album Reasonable Doubt.
This story goes way back before NFTs existed: In the mid-90s, Jay-Z and a man named Damon Dash co-founded Roc-A-Fella Records. They made millions off albums and tours but ended their business relationship around 2005.
But Dash has stayed involved in music and business: He’s still a minority owner in Roc-A-Fella. And his latest move was making an NFT of Reasonable Doubt.
So Roc sued: The label has accused Dash of claiming he would transfer all profits Dash continues to make from the album to whoever bought the NFT at auction. This is a problem, according to the lawsuit, because Dash doesn’t have any rights to sell Roc-A-Fella assets.
Dash says this is a big misunderstanding
He told TMZ he plans to offer his share in Roc-A-Fella, not in any album profits, to whoever buys the NFT. He believes Roc-A-Fella is just trying to push him out.
The Verdict
A federal court sided with Roc-A-Fella for now and said Dash cannot sell the NFT.
🪁 Why Big Law’s top talents are leaving for tech
Big Law’s salaries are going up, but America’s most prestigious firms are still losing key employees to Silicon Valley.
A new study reveals the scope: According to Reuters, more than 270 associates have left the top 10 firms in New York so far in 2021. Of course, these firms are still finding plenty of replacements, with one of them already hiring 105 lateral associates this year after only hiring 107 all of last year.
Reuters found a number of reasons why: Chief among them are work-life balance, the desire to live in a more affordable city and the lure of tech.
Why tech has been an attraction
Many of the lawyers are still working for firms, but they’ve gone to places that do more work with tech companies. The draw of tech is twofold: Tech companies fared the best in the down economy of 2020, and young lawyers grew up in a tech-dominated world.
The Verdict
Departures from Big Law happen all the time, but the rate could stay high, especially as firms ask lawyers to return to the office.
⛹️♀️ SCOTUS hands the NCAA its biggest L yet
The game isn’t over for the NCAA, but a SCOTUS ruling may drastically alter the landscape of college sports.
SCOTUS handed down a landmark 9-0 decision Monday: The justices ruled the NCAA’s longtime justification for amateurism -- as something necessary to distinguish its product -- was no longer sufficient. Amateurism has been a key part of the NCAA for more than 100 years, and the NCAA has enjoyed what was basically a de facto ability to cap wages in a way that would normally be an antitrust violation.
Athletes might cash in right away, to an extent: Former athletic director and lawyer Oliver Luck said the ruling gives schools the opportunity to use new enticements to recruit athletes, so long as the enticements are tied to education (for instance, a promise to pay for grad school).
Narrow but potentially transformative
According to legal experts, the actual decision will lead to few immediate changes for the NCAA, but major changes could be on the horizon.
The Verdict
Get used to seeing the NCAA and the legal world in headlines. Name, image and likeness laws are also going into effect this summer.
This week: Major tech companies are on red alert thanks to Congress and the music industry is taking a Napster-like approach to a children’s app. Plus, Ohio wants Google to be a utility.
🚨 Congress launches the biggest antitrust action in years
Congress is officially not playing around when it comes to threatening Silicon Valley. Legislators filed five bills last week aimed squarely at the biggest tech companies.
If they pass, here’s what could happen:
Apple would lose some of its power for controlling pricing and payments on the App Store (somewhere, Epic is exhaling).
Amazon would lose its ability to prioritize its own products
Acquisitions by any of the biggest tech companies would face greater scrutiny, particularly those involving smaller startups that threaten the companies’ power.
Amazon and Google may have to divest in some of their products, like YouTube.
Facebook would have to loosen its practices over collecting and storing data.
Faster than lawsuits
These are bills in Congress. They could potentially create reform far faster than anything from the Department of Justice.
The Verdict
Some of the bills have bipartisan support. It’s not a stretch that Congress forces major tech companies to change in the near future.
☎️ Ohio wants to take Google back to the landline era
Decades ago, American states used to have faceless phone companies and electric companies, and the limited choices were tightly controlled by the government. Ohio wants to bring back that era -- but for Google.
Ohio AG Dave Yost filed a lawsuit against Google last week: He seeks to make Google what is known as a “common carrier” and cited a law that is over 100 years old (literally from the robber barons era). As a common carrier, Google would not be able to prioritize its own products in search, i.e. YouTube and Maps.
Yost even brought up railroad references: In announcing the lawsuit, he said, “When you own the railroad or the electric company or the cellphone tower, you have to treat everyone the same and give everybody access.”
Google is not having it
A spokesperson told NBC search results would be worse for consumers if Ohio succeeded in its lawsuit.
The Verdict
One antitrust expert told the NYT Ohio would have a difficult time proving Google should be a common carrier. But as we know from the flurry of antitrust actions, the government may get more control over companies like Google one way or another.
🎶 The music industry believes the app Roblox is teaching young children how to pirate music
Move over Napster, Sean Parker, and Limewire, the music industry has a new target for lawsuits, and it’s called Roblox.
Roblox is an online gaming platform popular with children: It lets users create their own shareable games. Revenues soared in 2020, topping $500 million.
Music is part of the game system, too: People can upload songs from popular artists like Ariana Grande and Imagine Dragons in the video games they create. The National Music Publishers’ Association (NMPA) has sued, alleging Roblox is hosting a library filled with unlicensed content.
But the music industry’s beef goes beyond licensing
Yes, the NMPA wrote that Roblox “actively preys on its impressionable user base and their desire for popular music, teaching children that pirating music is perfectly acceptable.”
The Verdict
Maybe this just means Roblox has hit the big time. The music industry has gone after YouTube and Twitch over copyright issues in recent years, too.
This week: It’s all about the hackers, baby. SCOTUS makes a huge ruling on America’s biggest hacking law, and Ransomware continues to rise. Plus: Facebook changes its tune on speech from politicians.
🧑⚖️ SCOTUS decides anti-hacking case that will apply to almost everyone
The Supreme Court decided 6-3 that a police officer who misused a work database should be off the hook because he had access to the system. It’s good news for just about anyone who has ever messed around on their work computer.
The officer was paid $5,000 by a woman to look up a license plate: The request was part of a sting operation, and he was charged like a hacker, despite having authorized access to the license plate database.
The Supreme Court took up the case after a lower court convicted the officer: Judge Amy Coney Barrett authored the ruling that deemed the conviction invalid and narrowed the Computer Fraud and Abuse Act, the primary hacking law in the U.S.
This was not your typical partisan ruling: The three Trump appointees and the court’s three liberal Justices formed the majority.
They may have saved us
Ahead of the ruling, Neil Gorsuch said a broad interpretation of the law could have made “a federal criminal of us all.” That’s to say that numerous acts committed on computers and databases unrelated to core job duties could have technically been illegal if the SCOTUS had decided the other way.
Coney Barrett shared a similar sentiment in her ruling, saying prosecutors had overreached and if interpreted broadly could have criminalized “everything from embellishing an online-dating profile to using a pseudonym on Facebook."
The Verdict
This is one of the few times you’ll find civil liberties activists on the same side as Coney Barrett.
🤔 Facebook rethinks its policies with politicians, including Trump
Facebook announced it will stop giving special treatment to politicians last week, but it still punted on a final decision about Trump.
Politicians previously had wider latitude to espouse potentially false or dangerous views that would get regular users kicked off the platform: But it decided to change things, in large part because of Trump.
Trump was booted after the Jan. 6 Capitol riot: After levying an indefinite suspension, Facebook’s version of the Supreme Court, a neutral arbiter, ruled Facebook had to make a final decision. Last week, Facebook made the decision to suspend Trump for at least another two years.
So this isn’t really a final decision, then?
No. Facebook will be back to square one in early 2023. But it does mean Trump will be off the platform for the midterm 2022 election and that other politicians will have less wiggle room than before.
The Verdict
Facebook essentially took the path of least resistance with Trump by punting for two years. Plenty of people will think the social network didn’t go far enough and others will say Facebook had no business banning Trump at all.
💥 The year of the ransomware attack
On Monday the federal government recovered most of the hefty, crypto ransom that had been paid to Russian hackers who targeted the Colonial Pipeline a few weeks ago.
It’s a reminder that ransomware attacks are on the rise, affecting everything from tech companies to the beef industry.
Plenty of factors have led to this: A lot has to do with work from home lifestyles -- protective measures that had been set by I.T. departments no longer hold up. Alternately, people stuck at home have gotten bored and turned to hacking. There’s also crypto. Previously shy hacking groups now know they can be paid off in a way that is difficult to trace.
This is also about Russia: It was a Russian hacking group that went after the Colonial Pipeline and JBS, the food processing company. And U.S. officials say the Russian government may actually be involved.
What companies should do for protection
To avoid ransomware attacks, experts suggest updating software often and keeping a data backup handy (that way you could replace your system when a virus is uploaded). Hiring an outside consultant is always an easy step, too, if you have the money.
The Verdict
Ransomware attacks are up over 100% compared to the first six months of last year. This problem isn’t going away.
Listen now | 🚨 Announcement: For your listening pleasure, we recorded a short discussion of this weeks issue. Just click the play button above or subscribe to our Podcast below👇🏽 This week: Another antitrust suit for Amazon, and a gender bias claim against Google reaches the next level. Plus, Russia cracks down on American social media companies.
Get on the email list at newsletter.lawtrades.com
This week: Apple and Epic close their case, and Florida pushes anti-tech laws to the furthest limits yet. Plus, what legal repercussions would you have if that Chinese rocket debris had hit your house? 🍏 The end of Apple and Epic…for now Apple and Epic have finished their trial over whether Apple exerts too much control over the App Store.
Get on the email list at newsletter.lawtrades.com
This week: Companies riding the streaming wave have legal hurdles, and states are going after tech companies. Plus: Black women deans are on the rise at law schools.
🇪🇺 Why streaming companies face legal challenges in Europe
The overseas expansion for streaming platforms like Netflix and Amazon Prime is now coming with a legal price.
HBOMax is joining Netflix and Amazon with major moves into Europe and Latin America: But Europe isn’t necessarily happy about it. The global platforms have made it difficult for local media companies to compete, potentially stifling Europeans from getting home-produced content and crushing longtime institutions.
Fortunately, the EU has laws for this situation: The EU requires that at least 30% of all programs on available streaming platforms be European content, according to the Wall Street Journal. Companies must also reinvest back into local programming in countries like France.
Greater transparency is another requirement: In the U.S., streamers typically don’t disclose viewer data. Europe, specifically Germany, is forcing them to share more data so workers at hit shows can receive mandated raises based on popularity.
The Verdict
Europe has been adding regulations for American tech companies over the last several years. Consider this to be just another round, albeit for something not nearly as serious as antitrust issues.
👊🏼 States take the lead in internet legal reform
Section 230 reform and antitrust progress are not happening quickly at the federal level, so states are starting to regulate the internet in their own ways.
100-plus tech regulation bills have been introduced this year at state legislatures: That’s according to the New York Times. And these bills tackle anti-competitive issues and speech, among other topics. Twenty-seven of the bills regard privacy, up from just two in 2018.
They’re filling a federal void: Antitrust actions take a long time, and the partisanship of Congress hasn’t exactly been helping Section 230 reform get jump-started this year, even though Republicans and Democrats want change. Tom Wheeler, a former chair of the FCC, told the NYT, “The failure of policymakers at the national level to act has invited both state and foreign regulators to act.”
Tech companies are in a complicated situation
Thanks to a few bills that have been passed, internet life is now different in various states. Virginians for instance can request Google and Facebook not sell their personal data.
Amazon and Facebook have criticized states taking the law into their own hands. They say it will end up being complicated for internet users, too.
The Verdict
There are 50 states and just one Congress. Expect more of these one-off state laws to happen before the federal government makes a major move.
🎓 Leadership roles increase for Black women at law schools
Some positive news in the world of legal diversity: Black women deans at law schools are on the rise.
A University of Denver professor thought she noticed a trend of more Black women rising to the highest position of law schools: She recently added them up, according to Law.com, and discovered Black women now run 28 law schools. They comprise about 14% of dean roles at ABA-accredited schools.
There’s not a great metric to measure the progress: But Law.com estimates the share of Black women deans is actually higher than Black women law professors.
The reasons for the rise
University of Hawaii Law Dean Camille Nelson is the longest-tenured Black female dean. She and others say seeing a rise in Black women in the profession has likely inspired more to climb the leadership ranks. More conferences and workshops have also been geared at women of color. It also helps that legal institutions are being more cognizant of diversity.
The Verdict
Nelson doesn’t want the increase in representation to stop anytime soon. “It’s the moment for this now,” she told Law.com.
This week: Facebook’s internal court goes big, and Snapchat loses a key Section 230 decision. Plus: lawyers and lobbyists enter the crypto regulation space.
🧑⚖️ Inside the Facebook oversight board’s Trump decision
The Supreme Court of Facebook made its biggest ruling yet last week, telling Facebook it had to decide Donald Trump’s social media fate on its own.
In January, Facebook suspended Trump indefinitely: The move followed an incendiary post by Trump on the day of the capitol riot.
Facebook then asked its board of journalists, activists, professors, and former politicians about the suspension: Zuckerberg, as the New York Times reports, has compared the board to the Supreme Court, saying it was “made up of independent folks who don’t work for Facebook who ultimately get to make the final judgment call on what should be acceptable speech in a community.” Zuck saw the board as a mechanism for making decisions -- which Facebook says are binding -- that are too important for the company itself to make.
And this was a huge decision: The board agreed Facebook was justified in suspending Trump but said the suspension should not have been indefinite because the company had no established policies for making such a move. It told Facebook to decide whether to ban Trump forever or put him back on the platform, ironically giving Zuckerberg and other execs the power to make the type of consequential moves he didn’t want.
Consider this a Marbury v. Madison moment
The advisory board illustrated its independence from Facebook and also acted a lot like the real Supreme Court. As Michael Barbaro commented on The Daily, “Facebook’s ‘Supreme Court’ is kicking a case back down to a lower court. In this case, to Facebook itself, and saying, you didn’t do this correctly, and it’s your problem to figure out how to do it correctly.” (The entire episode is worth a listen, as is a Q&A with a St. John’s law professor who has researched the board since its inception.)
The Verdict
The advisory board gave Facebook six months to make its final decision on Trump.
😬 The Snapchat lawsuit that may change years of legal precedent
As we’ve written many times, Section 230, the law giving internet companies immunity from lawsuits based on content made by users, may undergo reform thanks to pressure from both sides of the political aisle.
But a federal appeals court is already picking it apart, according to NPR.
Snapchat was recently sued over the “speed filter” on its app: Three teenagers had been using Snap to document their 120 mph-plus drive on backroads in Wisconsin when they crashed into a tree and died. The family sued, arguing the Snap filter was partially to blame for their death. A trial court threw out the case, but the 9th Circuit Court of Appeals ruled it could proceed.
Section 230 has traditionally kept these cases from getting far: But this time the court deemed the design of the app itself to be the problem, rather than the content created by the user. Judge Kim McLane Wardlaw wrote, "This type of claim rests on the premise that manufacturers have a 'duty to exercise due care in supplying products that do not present an unreasonable risk of injury or harm to the public.'"
There’s no guarantee this will be more than a narrow ruling
For now, the case goes back to the original trial court. If that court also deems Section 230 inapplicable, then we could see some major legal questions arise.
In the meantime, experts anticipate trial lawyers to bring new cases against tech companies, albeit with limited success. "I don't think that this opinion actually will open up the Pandora's Box of saying, 'You can sue a website for how it's designed under all circumstances,'" Santa Clara law professor Eric Goldman told NPR.
The Verdict
Given this new ruling, which contrasts with decisions made by the other federal appeals courts, the Supreme Court may be more likely to take up Section 230 in the near future.
👛 Crypto companies are hiring top lawyers and lobbyists to keep regulators at bay
In case you needed another sign that cryptocurrency is here to stay: Lawyers are starting to get involved.
Since the dawn of Bitcoin more than a decade ago crypto markets have been the wild west: Regulations have been minimal, and the ethos of decentralization has pervaded. Crypto assets, for instance, have been classified by Deloitte as intangible assets because nothing else fits. But the U.S. government considers crypto a commodity and uses the CFTC for regulation. Now that some 25% of investors have a connection to crypto the government is more likely to increase its involvement.
So crypto companies are getting serious about the law: The number of lobbying contracts affiliated with crypto is already at 65, up from 20 in 2019, according to the New York Times. The industry filed a list of lobbying goals with the Biden administration earlier this year, asking for a “light regulatory approach.”
They may have reason to worry: Biden’s treasury secretary Janet Yellen has expressed concern about crypto, saying, “It is a highly speculative asset, and I think people should beware it is extremely volatile.”
The Verdict
The company Ripple is especially leading the way for the crypto legal age. Its general counsel has pushed back against an SEC investigation and raised awareness for others in the industry. An intervenor in the Ripple lawsuit told the NYT, “The industry needs to accept that good legislation and regulation is what is required, not no regulation.”
TLDR
- Andrew shares the lessons from transitioning among legal and leadership roles.
- A team with a passion for the mission is indispensable when dealing with unexpected challenges
- Finding the fundamental question of a business can open up insights in development
If you enjoy the podcast, would you please consider leaving a short review on Apple Podcasts? It takes less than 60 seconds, and it really makes a difference in helping to convince hard-to-get guests.
For full show notes and past guests, please visit: https://podcast.lawtrades.com/episodes/getarounds-andrew-byrnes-on-the-lessons-of-transitioning-scales
Sign up for FORWARD's email newsletter at lawtrades.substack.com/subscribe
Learn more about Lawtrades: lawtrades.com
Linkedin: linkedin.com/company/lawtrades-com/
Twitter: twitter.com/lawtrades
Instagram: instagram.com/lawtrades/
YouTube: youtube.com/channel/UCR3Xgewe9cxoAxkr1bDnNRAFinding the fundamental question of a business can open up insights in development.
TLDR
- Forward is a revolutionary preventive healthcare membership that puts you in control of your health, with world-class doctors supported by technology.
- Lawyers at startups are responsible for making things happen - this means nonstop learning and deciding where and when to take risks
- Learn how to to show where legal should and shouldn’t be used
- Don't underestimate the importance of intellectual curiosity
- Communicate directly and with a belief in your objective
If you enjoy the podcast, would you please consider leaving a short review on Apple Podcasts? It takes less than 60 seconds, and it really makes a difference in helping to convince hard-to-get guests.
Sign up for FORWARD's email newsletter at lawtrades.substack.com/subscribe
Learn more about Lawtrades: lawtrades.com
Linkedin: linkedin.com/company/lawtrades-com/
Twitter: twitter.com/lawtrades
Instagram: instagram.com/lawtrades/
YouTube: youtube.com/channel/UCR3Xgewe9cxoAxkr1bDnNRA
TLDR* Being a General Counsel at a startup requires you to be a good generalist * If you’re the first lawyer at a startup, you’re going to be doing everything * Communication is key and take the time to meet with your team and the C-suite * Learn how to clearly illustrate issues and communicate in a succinct way * Don’t underestimate the power of ALSPs (Alternative Legal Service Providers)
If you enjoy the podcast, would you please consider leaving a short review on Apple Podcasts? It takes less than 60 seconds, and it really makes a difference in helping to convince hard-to-get guests.
For full show notes and past guests, please visit: https://newsletter.lawtrades.com/p/7-stash-gc-meredith-smith-on-being
Sign up for FORWARD's email newsletter at lawtrades.substack.com/subscribe
Learn more about Lawtrades: lawtrades.com
Linkedin: linkedin.com/company/lawtrades-com/
Twitter: twitter.com/lawtrades
Instagram: instagram.com/lawtrades/
YouTube: youtube.com/channel/UCR3Xgewe9cxoAxkr1bDnNRA
Kathy M. Zhu is Director of Commercial & Legal Ops at DoorDash.
She is also an advisor to LegalDesk, a workflow optimization platform designed to help in-house legal teams to manage requests as well as visualize workflow metrics on a beautiful dashboard. Kathy advises LegalDesk on product strategy and design based on learnings from her own experience from scaling a commercial team, managing multiple workstreams, and dealing with volume challenges.
Key Takeaways* Creating efficiencies and working with Lawtrades to access contract attorneys have both been critical to addressing company needs post-Covid. * Technology allows a lean team to accommodate heavy volume efficiently and effectively. * Nothing speaks louder than data, especially to someone in finance. If you can show someone concrete metrics, you can make a business justification for a particular spend.
If you enjoy the podcast, would you please consider leaving a short review on Apple Podcasts? It takes less than 60 seconds, and it really makes a difference in helping to convince hard-to-get guests.
For full show notes and past guests, please visit https://lawtrades.substack.com/p/-doordash-head-of-commercial-kathy
Sign up for FORWARD's email newsletter at lawtrades.substack.com/subscribe
Learn more about Lawtrades: lawtrades.com
Linkedin: linkedin.com/company/lawtrades-com/
Twitter: twitter.com/lawtrades
Instagram: instagram.com/lawtrades/
YouTube: youtube.com/channel/UCR3Xgewe9cxoAxkr1bDnNRA
Amir Hassanabadi is the Associate General Counsel at AngelList.
Key Takeaways* VC seems to be faring well in a post-Covid world. Although the “how” and “where” of work is changing, the fundamentals of VC investment remain intact and are functioning well in this environment. * Later stage companies have an opportunity to use the changing nature of the post-Covid world to reevaluate their approaches and adjust accordingly so that the investments they’re making truly support their models. * Businesses are transitioning to a more fully remote model, but this change won’t be a wholesale one. There is only so much productive work that can be done in a fully remote capacity. Both businesses and individuals will have to find the balance that best accommodates their interests. * Participating in AngelList syndicates and venture lead syndicate opportunities offers investors the ability to either place their resources in a single, innovative venture or to spread their risk around.
If you enjoy the podcast, would you please consider leaving a short review on Apple Podcasts? It takes less than 60 seconds, and it really makes a difference in helping to convince hard-to-get guests.
For show notes and past guests, please visit lawtrades.substack.com
Sign up for FORWARD's email newsletter at lawtrades.substack.com/subscribe
Learn more about Lawtrades: lawtrades.com
Linkedin: linkedin.com/company/lawtrades-com/
Twitter: twitter.com/lawtrades
Instagram: instagram.com/lawtrades/
YouTube: youtube.com/channel/UCR3Xgewe9cxoAxkr1bDnNRA
Key Takeaways* Lawyers with specialization and specific knowledge will gain a competitive advance when launching their virtual practice. * The speed of innovation within the legal industry will vary based on practice area and nature of work. * More companies are refusing to pay a premium for routine legal work and independent lawyers are filling that need. * Lawyers focused on saving clients headspace and expensive overhead will succeed in this new economy.
Key Takeaways
- This crisis has put the gas pedal on providers allowing telemedicine.
- Oscar has a personalized risk assessment survey. You can access this survey even if you are not a member. If you are a candidate for testing, it will refer you to a testing site.
- The danger of a fully remote workforce is not communicating enough. Communicate more than ever when working remotely.If you think it can be useful to someone, then communicate it out.
- In the long run, COVID-19 will drastically change the healthcare system.
- Our society is all in this together.
Resources Mentioned
- Hank’s LinkedIn
- Oscar
- Oscar’s COVID-19 Resources
Hank Greenberg works as General Counsel at Oscar Health.
- Over the past five years, Oscar has built a health insurance company that people actually want to talk to – one that engages members and guides them to the right care. Today, Oscar drives the highest levels of engagement in health care, helping over 250,000 individuals and businesses – from startups in Brooklyn, New York to bookkeepers in Bouldin Creek, Austin – take charge of their health.
Working at Oscar during COVID-19
- Oscar feels very lucky to have the opportunity to be helpful for their members.
- Oscar has the most engaged members in the industry, with the highest mobile engagement of any insurer. 43% of our members’ first visits to the doctor are routed through their technology and customer service teams.
- Oscar is partnered with more than half of the top 20 health systems in the U.S.
Responding to COVID-19
- The company is lucky to already have resources set up. They accommodate work from home in a big way. Oscar has been able to maintain the continuity of their work.
- Oscar has been setting up goals and touchpoints for their team.
Resources from Oscar
- Oscar has a personalized risk assessment survey. You can access this survey even if you are not a member. If you are a candidate for testing, it will refer you to a testing site. This survey is constantly being updated.
- For members, you can call the care team to find the right provider for you.
- If you have symptoms, you can call the care team to find the right place to go.
How Telemedicine will move forward
- COVID-19 accelerated telemedicine.
- More and more services are moving online.
- The availability for telemedicine is moving forward state by state.
- This crisis has put the gas pedal on providers allowing telemedicine.
- Everything that can be done remotely is being done remotely now.
- The state of preparedness for something like this will become a talking point for policy change from now on.
- Hopefully, there will be more attention to PPE for healthcare workers.
- This will affect the way that people get healthcare.
GCs working remotely
- It has been difficult to move remotely. There are certain types of work that are more capable of working remotely. However, legal teams can work remotely fairly seamlessly.
- Communicate more than ever when working remotely. It can be hard to appreciate what you are hearing or what you aren’t hearing.
- Don’t hesitate to click send on an email or pick up the phone. If you think it can be useful to someone, then communicate it out.
- The danger of a fully remote workforce is not communicating enough.
How the world will look moving forward
- We have to continue the things that we are doing with social distancing.
- The world needs to make sure that everyone is doing their part.
- All of short term tradeoff's will be worth it if we can reduce the amount of loss of life.
- Hopefully, in a few months, we will all be back in our offices.
This episode covers topics such as:
- Tips for first time GC's
- What to consider when going in-house
- How to solve complex legal challenges
- What to expect when going in-house
We hope you enjoy it! Please be sure to visit LawTrades.substack.com to get access to more episodes and more content tailored attorneys working with in tech.