March 2023 Legal Industry News Highlights: Law Firm Hiring News, Industry Awards and Recognition, and the Latest Updates in Diversity and Inclusion

Welcome back to another edition of the National Law Review’s legal industry news roundup. We hope you are remaining safe, happy, and healthy! Please read on below for the latest in law firm hiring and expansion news, key industry awards and recognition, and a spotlight on important diversity, equity, and inclusion updates!

Law Firm Hiring and Expansion

Joanna Horsnail has been named managing partner of Mayer Brown’s Chicago office, effective February 28, 2023. Her appointment marks the fourth consecutive female leader for the firm’s largest office. Ms. Horsnail’s practice has primarily focused on advising clients on key transformational deals, primarily in the City of Chicago and State of Illinois. Most notably, she counseled on the deal securing the James R. Thompson Center as the corporate headquarters for Google, and has also previously worked with the Illinois Sports Facilities Authority, the Metropolitan Pier & Exposition Authority, the Chicago Symphony Orchestra and other public and not-for-profit organizations.

“Joanna’s well-earned reputation for professional excellence, coupled with her outstanding profile in the Chicago community make her an exceptional choice to lead the office,” said firm chair Jon Van Gorp. “Her natural charisma, approachability as a mentor to many and vision for the office will make her an inspirational and hugely successful leader. I look forward to working closely with her to achieve the growth and development objectives that the firm has for this office, which is where I started my career at Mayer Brown.”

“I’m delighted to be named office managing partner,” said Ms. Horsnail. “I have such tremendous enthusiasm for both Mayer Brown and this office and look forward to guiding the office as we continue our success in Chicago.”

Morten Lund has joined Foley & Lardner’s San Diego office as an of counsel in the Finance Practice Group. Mr. Lund has more than 25 years of experience advising developers, lenders, investors, and other project participants and has extensive experience in the energy sector.

Mr. Lund’s practice has primarily focused on solar energy and energy storage projects. His range of project experience also includes wind energy projects, combustion generator projects, nuclear energy facilities, hydroelectric facilities, cogeneration facilities, chemical facilities, forestry/paper facilities, large aircraft, and shipping fleets. He earned his JD from Yale University.

Eversheds Sutherland has added Megan K. Hall to their Tax Practice Group as a partner. Ms. Hall, located in the firm’s Washington D.C. office, further strengthens the firm’s international tax capabilities, focusing chiefly on transactional matters, cross-border employment and global mobility. She has previously worked with clients including multinational corporations on international tax matters, including the tax aspects of acquisitions, mergers, internal restructurings and business formations.

“I’m very excited to welcome Megan to the team and know she will add depth to our international tax practice,” said Robert S. Chase, US Tax Practice Group Leader. “Megan’s familiarity with cross-border operational structures and the tax considerations relevant to operating a multinational business enhances the firm’s ability to support clients in an area of increased focus for international tax authorities. The firm’s global footprint will provide a unique opportunity to enhance support to her international network.”

Jeremiah Kelly and Justin Coen have joined Venable LLP as partners in the firm’s FDA Group. Mr. Kelly’s practice concentrates on the FDA’s complex regulatory framework, helping clients with product development, application, and compliance for drugs, biologics, medical devices, and combination products. Mr. Coen’s practice focuses on guiding companies through FDA regulations related to drug, biologic, and device development, advising them on every stage of product development and commercialization.

Claudia A. Lewis, a co-chair of the firm’s FDA Group, said, “Venable has established itself among the premier practices in the FDA regulatory space and is regularly called upon to handle a myriad of issues involving the development and marketing of products regulated by the FDA. With the addition of Jeremiah and Justin, our services now include robust legal capabilities for companies navigating the FDA regulatory framework to commercialize drugs, biologics, devices, and combination products, among other product categories.”

Legal Industry Awards and Recognition

Janet Wagner, principal in the Banking practice at Chuhak & Tecson, P.C., has been accepted as a fellow of the respected American College of Mortgage Attorneys (ACMA) for 2023. Fellows of ACMA, which is composed of lawyers in North America who are authorities in mortgage law, seeks to give back to their profession, improving and reforming laws and procedures affecting real estate secured transactions and raising the level of performance of lawyers practicing in this area. Candidates are recommended each year and are selected after thorough review of their qualifications and achievements.

Ms. Wagner primarily focuses her practice on banking and commercial financing transactions, providing key counsel to commercial banks, credit unions, institutional lenders, insurance companies and other lenders. Previously, she has represented lenders involving a variety of classes of real estate in states across the country on acquisitions, refinancing and construction loans.

The Brain Injury Association of America (BIAA) has named Lawrence J. Buckfire to their prestigious Preferred Attorneys Program. The objective of the Preferred Attorneys Program is to offer a credible, diverse listing of outstanding attorneys to be used as a resource for both referring attorneys and individuals with brain injury, their family members/caregivers, and others seeking legal counsel. BIAA Preferred Attorneys are selected for their demonstrated legal credentials and their knowledge of the physical, cognitive, emotional, and financial tolls a brain injury inflicts.

Mr. Buckfire has consistently demonstrated skill and ability in representing those affected by a brain injury. He is the lead trial attorney and managing partner at Buckfire & Buckfire, P.C. His practice focuses primarily on child lead paint poisoning, wrongful death, nursing home neglect, medical malpractice, and other serious injury cases.

Adam Beaudoin of Ward and Smith has been chosen to serve as President-Elect of the Board of Directors for the Community Associations Institute of North Carolina (CAI-NC). The Community Associations Institute seeks to promote and strengthen community associations, focusing on education and resources for homeowners, volunteers, and professional managers.

Mr. Beaudoin brings extensive experience to his new role with CAI-NC, having previously practiced community associations law for nearly two decades. He is the Co-Chair of Ward and Smith‘s Community Associations Practice Group, and he has been a CAI-NC member since 2006. He has presented at several local and national CAI events, served on the Legislative Action Committee, and was a board member prior to his election.

Diversity, Equity, and Inclusion News

Katten Health Care Partner and Deputy General Counsel Kenya Woodruff has been profiled as a Leader in Diversity by the Dallas Business Journal. Ms. Woodruff is the National Chair of Katten’s Diversity Committee Women’s Leadership Forum, where she leads efforts to provide women attorneys with the professional tools and support to take their rightful place as leaders in law.

“I’m particularly proud of the professional development programming we have offered through the Women’s Leadership Forum to help empower our female attorneys at the firm and give them the skills needed to advance in their careers,” says Ms. Woodruff.

Woodruff’s practice centers around the healthcare industry, where she uses her legal, business, and regulatory expertise to support successful clinical operations and corporate transactions. She has previously worked as Deputy General Counsel for Parkland Health & Hospital System and Privacy Officer for a publicly traded radiology company.

Three Barnes and Thornburg attorneys will represent the firm in two 2023 Leadership Council for Legal Diversity ProgramsAdetayo Osuntogun, Partner at the D.C. office, will join LCLD’s Fellows Program, a year-long training program focused on relationship-building and leadership skill development. Indianapolis Associate Alyssa Hughes and Los Angeles Associate Mihran Yezbekyan are joining the LCLD Pathfinders Program, which gives early career professionals the chance to develop tools related to leadership, career development, and professional networking.

Mr. Osuntogun is an international trade law expert focused on helping businesses handle global commerce matters related to trade policy, customs, imports, economic sanctions, export laws, and more. He is active with Alpha Phi Alpha, the Diverse Associates Network, and the National Bar Association. Ms. Hughes, who The Best Lawyers in America listed as one of 2023’s “Ones to Watch,” works in the Litigation Department on matters related to government and internal investigations, corporate criminal defense, and general commercial disputes. Mr. Yezbekyan also works in the Litigation Department, handling product liability, mass torts, and consumer class actions. Outside of the office, he volunteers with the Los Angeles County Bar Association Judicial Elections Evaluation Committee.

“LCLD has been a long-standing partner of Barnes & Thornburg. Their pathfinder and fellow programs align with our mission to position all of our talent to win,” said Dawn R. Rosemond, firm diversity partner. “We know that these programs will only further elevate Adetayo, Alyssa and Mihran’s professional practice and presence.”

Stanley Blackmon, Partner at Bradley Arant Boult Cummings’ Birmingham office, has also been selected to be a 2023 Leadership Council on Legal Diversity Fellow. The program will provide alumni networks, mentoring, accountability partners, leadership lunches, and class meetings to advance his legal diversity efforts and help others to do the same. LCLD Fellows are selected for their leadership, engagement, and commitment to diversity and inclusion, which Mr. Blackmon demonstrates through his active pro bono practice and involvement with the Birmingham Bar Association as President of the Young Lawyers’ Section, the Magic City Bar Association as an Executive Committee Member, the Alabama Standing Committee on Rules of Appellate Procedure, and the American Bar Association.

“We congratulate Stanley on his selection as an LCLD Fellow,” said Bradley Director of Inclusion and Diversity George D. Medlock, Jr. “Since Bradley joined LCLD in 2020, we have been proud to participate in and support the LCLD’s programs, which help prepare future generations of diverse talent for the highest positions of legal leadership.”

Copyright ©2023 National Law Forum, LLC

8 Best Lawyer Forums Online

Though unorthodox for a traditional profession like the law, remote work is becoming a more realistic option for lawyers all over the country. With the help of tools like legal practice management software and options to practice law in multiple states, lawyers everywhere are tackling the challenges of remote work.

But one obstacle that remains is networking. Remote lawyers need to put extra work into maintaining professional connections and building an online presence, both of which are made easier with online forums designed specifically for legal professionals.

What Is an Online Forum?

An online forum is an internet space dedicated to conversation using questions, answers, responses, and prompts. Typically, online forums are asynchronous — users post a question, then other users respond at their leisure.

Posts in forums are archived and arranged into categories like post date, popularity, and more. Discussions can last for hours, days, months, or possibly years, as long as users continue to contribute.

Why Should Lawyers Use Online Forums?

After the rapid shift to remote work during the COVID-19 pandemic, plenty of industries saw the value of allowing employees to work from home – including law firms. More and more lawyers are working remotely, but that could come at the cost of networking.

Networking doesn’t have to mean interactions that take place over coffee, lunch, cocktails, golf excursions, or big events. In the strictest sense, networking is any meeting between people, whether in a group or one on one, online or in-person, which can be done using online forums.

Online forums dedicated to lawyers and the legal industry are an effective way to facilitate networking opportunities when in-person meetings aren’t an option. Getting involved in online forums help lawyers discuss industry topics with experts and thought leaders, stay current on trends and technology, and learn valuable tips from other lawyers.

Top 8 Online Forums for Lawyers

Curious about online forums? Here are the best options for lawyers and legal professionals to engage with other legal professionals and build a network as a remote attorney:

1. Quora

Quora is a broad forum that covers a variety of topics in question-and-answer formats, including the legal industry. You can easily search for questions or topics that are trending in the legal industry and contribute expert answers to boost your credibility. The more answers you provide, and the more other users engage with you, the closer you can get to becoming a thought leader in the space.

2. Bar Association Forums

Bar association forums are always a benefit to lawyers, remote or otherwise. There are plenty of options to choose from, including local bar associations or forums dedicated to your practice area. Best of all, you’ll be engaging with other knowledgeable legal professionals to connect and network.

3. Social Media Groups

Social media channels like Facebook and LinkedIn have dedicated groups that bring together users based on interests or industries, such as the legal industry. These two platforms are among the best for getting into a private or public group and enhancing your online presence. Keep in mind that you are representing yourself as a lawyer in these groups, so use a professional social media account, not your personal one.

The Thomson Reuters Legal Community is an exclusive option for customers of Thomson Reuters that brings together a virtual community of lawyers to network and engage in group settings. You can connect with lawyers from all different practice areas, both locally and nationally, and gain valuable insights from industry experts.

5. The Lawyerist Community

The Lawyerist is an online community dedicated to small firm lawyers to provide coaching, podcasts, books, guides, and other insights. The company has its own online lawyer forum – The Lawyerist Community – on Facebook to discuss law firm best practices, trends, and ideas.

6. Reddit

Reddit has some of the best online forums for a range of different topics, from broad subjects like sports to niche communities dedicated to obscure literature. There’s also a legal forum, r/LawFirm, that’s an informal community for lawyers to discuss running a law firm and the legal industry as a whole. There’s also a lawyer subreddit that you can join if you’re licensed.

7. Slack

Slack is a top-rated collaboration platform that offers individual channels for groups of users. There are several communities dedicated to the law, including LawyerSmack, which is comprised of private attorneys.

8. Law School Alumni Forums

Some law schools have online forums for alumni to stay connected with faculty and colleagues. While not every school offers an online forum for networking, if yours does, you can build vital industry contacts and further your practice. You’ll also get updates on news, trends, and in-person network events by participating in the forum.

Outlook on Online Forums

Remote and hybrid working models are the “new normal,” even for lawyers. Now that law firms and lawyers have seen the benefits in productivity, work-life balance, and enhanced communication afforded by remote work, there’s no going back.

Still, lawyer networking is essential for lawyers to grow their practice, no matter if it’s online or in-person. Along with joining forums to engage in discussions with other industry professionals, you can enhance your remote work with law practice management software. The right law firm software empowers lawyers to manage their practice from anywhere.

Start Networking Remotely

Networking is a big part of successful client acquisition for lawyers. Though it takes a little more work to keep up with networking as a lawyer working remotely, online lawyer forums can keep you connected to other industry professionals. And because you can engage with lawyers all over the country, you can find even more opportunities online than in person at networking events.

© Copyright 2023 PracticePanther

An Essential Guide to Become a Paralegal

Paralegals are the backbone of the legal industry. By supporting lawyers and managing their day-to-day tasks, paralegals ensure that the law firm runs smoothly and efficiently.

If you’re interested in becoming a paralegal or want to strengthen your skills, continue reading to learn more about this growing field, the job responsibilities, and what you can do to position yourself for success.

What Is a Paralegal?

A paralegal is a professional in the legal field who performs tasks that require knowledge of the law and legal concepts but not to the full extent of a lawyer licensed to practice law. As part of the support staff, a paralegal is working to enhance a lawyer’s work, and the lawyer takes full responsibility for that work produced.

What Do Paralegals Do?

Paralegals assist lawyers with legal cases by researching and preparing reports for lawyers to use in their work. They’re not permitted to work alone and must be under the supervision of a licensed attorney. Paralegals may work in many legal settings, including law firms, nonprofits, and government agencies, but their duties may include:

  • Investigating information about a case

  • Researching information about a case

  • Interviewing witnesses

  • Researching and learning about regulations and laws

  • Writing reports

  • Maintaining a database of records related to each case

  • Drafting letters, documents, and emails

  • Acquiring affidavits for court

  • Helping to draft legal arguments

  • Corresponding with clients

  • Preparing wills, real estate contracts, divorce decrees, and other civil documents

The duties of a paralegal can vary according to the environment in which they work. They can work within an area of practice, just like lawyers do, with different duties. For example, they may work in probate, immigration, litigation, intellectual property, or corporate law.

Is Paralegal Work Difficult?

The legal field is high pressure, high stakes, and driven by deadlines, and not just for lawyers. Working as a paralegal has its perks, but it can be stressful and demanding. Clients trust in the lawyer to protect their best interests, and that lawyer is depending on the paralegal to make that possible.

What Skills Should a Paralegal Have?

Paralegals have a variety of hard and soft skills, including:

  • Communication: Paralegals must communicate with lawyers, clients, court officials, witnesses, government officials, and insurance companies in both verbal and written correspondence.

  • Investigative Skills: A lot of paralegal work involves researching, analyzing, and seeking out information to assist lawyers. Paralegals must have attention to detail and a good eye for discerning relevant facts.

  • Teamwork: Paralegals don’t work alone. They must interact with other paralegals, legal assistants, secretaries, and lawyers throughout the day, so teamwork is essential.

  • Time Management: Much of the legal field revolves around good time management, and not just for lawyers. Paralegals have to adhere to deadlines and complete tasks in a timely manner, knowing how to prioritize appropriately.

  • Technology Skills: Paralegals use technology to complete their work, often using word processors, spreadsheets, and presentation software. Many law firms use law practice management software, which paralegals must also learn to use effectively.

How Do You Become a Paralegal?

Paralegals are not licensed on the national level, so there are no federal standards for the profession. Only a few states regulate the profession on the state level. Instead, the employers establish the hiring standards and require some formal education.

The options for paralegal education or training include:

Associate Degree

An associate degree takes about two years to complete and requires a high school diploma. Some schools may have additional admissions requirements.

Bachelor’s Degree

A bachelor’s degree in legal studies, paralegal studies, or similar fields is appropriate for paralegal education. Typically, bachelor’s degrees take four years to complete. According to the National Federation of Paralegal Associations (NFPA), more employers are placing an emphasis on earning a bachelor’s degree.

Master’s Degree

If you have a bachelor’s degree, a master’s degree in legal studies (MLS) is a good choice to increase your knowledge in skills like negotiation, employment law, legal writing, and intellectual property law. This not only deepens the skill set for a paralegal, but it offers a broader scope of work as a legal professional.

Paralegal certification is another option to either replace a degree program or enhance it. The NFPA recommends achieving a paralegal certification to enhance employment prospects. There are several options available from the National Association of Legal Assistants (NALA), including a Certified Paralegal, an Advanced Certified Paralegal, and a Professional Paralegal certification.

Several schools also offer certification programs for paralegal work, though it’s important to research carefully to ensure you’re getting a certification that will benefit you professionally.

Are There Different Requirements in Each State to Become a Paralegal?

Generally, paralegals don’t have to meet any state licensing requirements, according to the United States Bureau of Labor Statistics (BLS). Professional certification or degrees at the national and regional level is voluntary.

That said, state governments have no restrictions from establishing their own rules, and a few states have chosen to regulate the paralegal profession closely.

According to the American Bar Association, California has restrictions for workers using the title “paralegal,” as well as “freelance paralegal,” “contract paralegal,” “independent paralegal,” “legal assistant,” and “attorney assistant.” These rules prohibit paralegals from engaging in certain activities, including representing clients in court or giving legal advice. They also have minimum education and experience requirements, as well as continuing education requirements.

In addition, both Washington and Utah require licensing for paralegals and non-attorney roles in the legal field. This doesn’t mean these paralegals must be licensed to work, but that highly educated and experienced paralegals can become credentialed to perform a broader scope of legal work.

Outlook of Paralegals

According to the BLS, the median annual wage for paralegals and legal assistants was $56,230 as of May 2021. Employment of paralegals and legal assistants is projected to grow 14% from 2021 to 2031, which is a faster rate than all occupations. About 45,800 openings for these roles are projected each year, on average, over the next decades.

Since the recession, law firms have been making changes to become more efficient and competitive, which may include expanding the scope of work for paralegals. Other institutions also recognize the benefits of workers with legal training, such as government agencies and banks.

Since then, there’s been a rising demand for paralegals — particularly ones with technology skills. Paralegals that can navigate technology tools, such as law practice management software, digital forensics, and electronic evidence discovery and preservation, are highly sought.

Paralegals often handle billing and invoicing, which is simplified with legal billing software.

Pro Tip: To gain a competitive edge, paralegals should consider receiving a certificate in law practice management software. PracticePanther offers the certification for free and can be completed on your own time.

Become a Skilled Paralegal

The role of paralegals is growing in demand and constantly evolving. Though it’s not required, the more educated and technologically sophisticated paralegals are, the more career opportunities they have in the legal field – and that includes experience and skills with law practice management software.

© Copyright 2022 PracticePanther

Top Legal Industry News for Summer 2022: Law Firm Expansions, Industry Awards and Recognition, and the Latest in Diversity and Justice Efforts

Happy July from the whole team at the National Law Review! We hope you are enjoying the warm weather. Please read on for our coverage of the latest in legal industry news, including firm hiring and expansion, industry awards and recognition, and notable diversity and justice initiatives.

Law Firm Hiring and Expansion

Frost Brown Todd has added Member Sohan Dasgupta, Ph.D to its Business Litigation Practice Group. An experienced litigator, Mr. Dasgupta has represented clients before U.S. courts of appeals, trial courts, and the U.S. Supreme Court. His practice focuses on regulatory and compliance issues, investigations, and international law; previously, he served as Deputy General Counsel to the U.S. Department of Homeland Security and as Special Counsel to the U.S. Department of Education. In his new role, Mr. Dasgupta will continue advising on matters related to compliance, investigations, and regulation.

Hill Ward Henderson has added four new attorneys to its Tampa, Florida office:

  • David Keel, who joins the firm as Senior Counsel. Mr. Keel is an experienced construction attorney. He represents clients across the industry, including owners, developers, contractors, subcontractors and design professionals, in matters such as litigation, transactions, and the preparation and design of contracts.
  • Steven Cline, who joins as an Associate. Mr. Cline is a complex commercial litigator with a background in insurance claims. He represents clients in both state and federal court, with a particular emphasis on various types of business disputes.
  • Michael J. Farr, who joins as an Associate. His practice is focused on mergers and acquisitions, venture capital, joint ventures and partnerships, and general corporate advice.
  • Zoila Lahera, who joins as an Associate. Her practice is centered on commercial law matters and litigation, including land use, real estate, zoning, and estate disputes. In the past, she has defended lawsuits involving commercial landlord/tenant disputes, breach of contract, non-compete litigation, and more.

Drew Hirshfeld, an experienced intellectual property lawyer, joined Schwegman Lundberg & Woessner as Principal. Located in the firm’s Minneapolis office, he will draw upon nearly 30 years of federal agency experience, working in all areas of the firm’s patent practice, from prosecution and litigation to navigating USPTO policy. He will also act as an expert witness on USPTO-related issues.

Mr. Hirshfeld began his career as a USPTO Patent Examiner in 1994. In 2015, he was named Commissioner for Patents, and then served as Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director. In 2021, he led in the creation and implementation of a new director review process for Patent Trial and Appeal Board final written decisions, a response to United States v. ArthrexManaging IP has listed him as one of the Top 50 Most Influential People in IP.

Law firm Davis|Kuelthau, s.c. continues its Trusts, Estates & Succession Team expansion with the addition of estate law attorney Andrew (Drew) MacDonald. Mr. MacDonald, a Founding Board Member and Past President for the charity Old Glory Honor Flight, will be located in the firm’s Appleton, WI office. He focuses his practice on issues related to estate administration, business succession, firearm trusts, and special needs planning. He also has a great deal of experience related to the planning of long-term care.

Legal Industry Awards and Recognition

David I. Brody, partner at Sherin and Lodgen, has been elected President of the Massachusetts Employment Lawyers Association (MELA) for 2022-2023. A member of the firm’s Employment DepartmentMr. Brody is an experienced litigator and advisor, representing clients before state court, federal court, and the Civil Service Commission, as well as advising executives on restrictive covenants, non-competes, change of control agreements, and more.

MELA is the Massachusetts Chapter of the National Employment Lawyers Association, the largest professional organization in the U.S. that is composed entirely of employment-focused attorneys. The organization seeks to improve advocacy, increase awareness, monitor key legislation, and support members who are devoting their practice to the representation of employees.

Shumaker’s Chief Marketing and Business Development Officer Erica Shea has been selected by Leadership Florida to join Cornerstone Class 40, a team of executives and professionals that collaborate toward the overall improvement of the state. Participants attend educational sessions on both leadership and relevant issues in Florida, and will remain connected through ongoing meetings once the program is complete. At the present moment, Leadership Florida has fostered a network of over 3,300 alumni, ranging from CEOs and elected officials to agency heads, hospital administrators, legal professionals, and more.

“It is exciting that Erica will have the opportunity to use her leadership skills to benefit our great state,” said Ron Christaldi, Shumaker Tampa Managing Partner and President/CEO of Shumaker Advisors Florida. “Erica sets a clear vision, and genuinely cares about people. Her passion and energy inspire us all.”

Don Eglinton, business and commercial litigation attorney at Ward and Smith, P.A., has been named to the Order of Juris, an honorary trial order of the Litigation Counsel of America (LCA). Comprised of Fellows who have tried to verdict at least fifty jury or bench trials, the LCA selects less than half of one percent of all American lawyers for membership. Fellowship is highly selective, allowed only through invitation and based on exhibited excellence and accomplishment in litigation at trial and appellate levels, as well as notable ethical reputation.

Mr. Eglinton is a Senior Fellow of the Litigation Counsel of America. His practice at Ward and Smith is primarily focused on commercial litigation, with particular emphasis on patent and trademark disputes, copyright infringement, and trade secrets. He has represented clients in infringement actions based in North Carolina, Texas, and California, as well as complex trademark and copyright actions in the Eastern District of North Carolina, and before the United States Trademark Trial and Appeal Board.

Diversity, Equality, and Justice in the Legal Field

After a grant from Venable LLP, the Mid-Atlantic Innocence Project (MAIP) has established a new support fund aimed at helping exonerees from Maryland, Virginia, and the District of Columbia after their release from prison. The Venable-Burner Exoneree Support Fund, named in part for client Troy Burner, will seek to provide job placement assistance, counseling, social services, and advocacy training for its recipients. Mr. Burner was represented by Venable attorneys Seth Rosenthal, Lauren Stocks-Smith, and MAIP co-counsel, who secured his full exoneration in March 2020 for a crime he did not commit.

“From its inception, MAIP has represented individuals with bona fide claims of actual innocence and advocated for changes in law and policy to prevent wrongful convictions,” said Mr. Rosenthal. “But MAIP has not had the capacity to provide comprehensive, direct support to its clients following their exonerations. Now it will. This new program is a game changer for the organization.”

Shawn Armbrust, MAIP Executive Director, said, “The adjustment to life outside prison is challenging for all returning citizens, but exonerees have suffered additional trauma and have needs that traditional reentry services – which often are not available to them – cannot address. Thanks to Venable, our clients will have the support they need to rebuild their lives and, if they desire, use their experiences to advocate for reform.”

La’Tika Howard, attorney at Womble Bond Dickinson, has been named to the National Black Lawyers Top 40 Under 40 list. An invitation-only development and networking association composed of noteworthy African American attorneys in the U.S, National Black Lawyers has a stringent list of criteria for recognition, including outstanding reputation among peers and the judiciary, notable achievements or settlements, nomination from leading lawyers in the field, and rankings by other leading evaluation organizations. Selection to the list is a high honor, limited to only the top Black lawyers under the age of 40.

Ms. Howard, who practices in the firm’s Baltimore office, focuses her practice on corporate law. She represents clients on matters such as private equity, mergers and acquisitions, due diligence, venture capital financing, and corporate governance.

This June, after efforts from the firm’s DEI committee as well as shareholder David GoldmanCMBG3 Law presented a $5,000 scholarship to a graduating high school student pursuing higher education. The scholarship, intended for an individual who is seeking a law degree but does not have the economic means to do so, was granted to a student at Central Falls High School in Rhode Island. Selected after an essay contest which detailed her hopes to pursue a law degree, she will be attending Brown University in the fall of 2022 as a freshman.

CMBG3’s newest scholarship initiative was born from two separate efforts: first, in 2021, Mr. Goldman was selected to participate in the Leadership Rhode Island program, in which he designed a social contract promising to give back to the local community. Simultaneously, the firm’s DEI committee was seeking additional opportunities to support high school students from disadvantaged backgrounds. Working together, Mr. Goldman and the committee developed the scholarship, and on June 6, 2022, Mr. Goldman was able to present the award in person.

Copyright ©2022 National Law Forum, LLC

How to Write Better Client Alerts and Blog Posts

One of the most effective marketing strategies for lawyers is writing client alerts and blog posts on a regular basis. Publishing content like this establishes you as a thought leader and helps to keep you top of mind with your clients, referrals, prospects and the media and bolsters your SEO results too.

So, what makes a good client alert or blog post? It’s not about writing the longest alert or publishing it before your competitors or including every detail about the court decision.

I see many law firms publish client alerts with good intentions – the whole idea is to get helpful information to your clients and prospects as quickly as possible with interesting insights.

A lot of law firms sometimes miss the mark because their client alerts are either just regurgitating facts, don’t have a lot of insight in them, are too long, are written in legalese and they’re not client-centric meaning they don’t put the client first and aren’t written for them and their needs, which completely defeats the point.

I also see alerts that are too cute or clever – with headlines based on movies, TV shows or music lyrics . What you really want to do is deliver a clear promise in the headline and provide value while engaging your reader.

A strong headline is often the determining factor on whether someone actually opens the content or not. You also must actually deliver on what you say you’re going to provide in the alert.

So if the alert says it is going to be on X topic and the first few sentences lead you to believe that, but then it goes down another path, that’s clickbait and frustrates the reader.

Almost as important as what you write is how you structure the alert. Dense, long paragraphs are not going to capture your reader’s attention today. Try using shorter paragraphs with subheadings. Make it easy for someone to follow along and find points of engagement. Bulleted or numbered lists also work well to engage your reader.

In addition, make sure your alert has a vantage point. Just regurgitating information that somebody can find on a public website about a major decision or case or update in the law is not very poignant, memorable, relevant or helpful.

What is helpful and useful is explaining what the decision or update means for your client’s business.  And of course, the hidden underlying message is “we can help you with this, we care about you and our insights can help solve your thorniest legal and business needs.” Just make sure that your content supports that too.

Writing client alerts and blog posts is one of the best ways to get back in touch with your clients, referrals and prospects in a way that showcases your subject-matter authority. Plus you’re not even thinking about all of the silent viewers and readers of your content and how that can actually lead to new business, greater visibility and brand recognition.

If writing a client alert or blog post seems too overwhelming to do alone, buddy up with a colleague or even better – a client. The summer is a great time to focus on drafting and publishing a piece of content like this, so what are you waiting for?

Watch this video for more tips on writing a better client alert or blog post.

Copyright © 2022, Stefanie M. Marrone. All Rights Reserved.

June 2022 Legal Industry News and Highlights: Law Firm Hiring, Industry Recognition, and New Diversity and Inclusion Efforts

Happy Summertime from the National Law Review! We hope you are staying safe, healthy, and cool. Read on below for the latest news in the legal industry, including law firm hirings and expansion, legal industry awards and recognition, and diversity, equity, and justice efforts in the field.

Law Firm Hiring and Expansion

Michael Best & Friedrich LLP has added Brett R. Valentyn as Senior Counsel to the firm’s Corporate and Transactional Practice Group. Mr. Valentyn, a well-practiced mergers, acquisitions, and corporate attorney, has a wide array of experience in areas such as private equity, corporate governance, and transactional and contractual matters. He has advised clients across industries in buy-side and sell-side transactions for both small-cap and large-cap companies.

“Brett’s successful history in advising clients on transactional matters has him well-positioned to flourish,” said Jason Rogers, Chair of the Corporate & Transactional Practice Group. “Brett’s impressive background in transactional law will only strengthen our already deep bench of talented and business-minded private equity and M&A attorneys. I’m confident Brett will make a wonderful addition to our Corporate & Transactional Practice Group.”

Corporate attorney Eric D. Statman has joined the Toxic Torts practice group at Goldberg Segalla. A 20-year veteran of complex commercial litigation, Mr. Statman is poised to continue his environmental, product liability, and mass tort practice out of the firm’s Manhattan office.

Previously, Mr. Statman has aided clients across a variety of industries, resolving major disputes with minimum impact to corporations through mediation or litigation, as well as negotiating a large number of group settlements. Notably, he has represented asbestos defendants as local and national counsel, helping to develop strategies to minimize exposure.

Michael J. Ligorano has rejoined Norris McLaughlin’s Real Estate, Finance, and Land Use Group and Immigration Practice Group after nine years as the Diocese of Metuchen’s General Counsel. Ligorano is an established New Jersey land use and immigration practitioner with experience evaluating undeveloped land, as well as acquiring, developing, and financing municipal projects around the state. In addition to city planning, Ligorano has served as a legal resource for multinational businesses who wish to enter the United States, assisting in the navigation of the US immigration process. He is the former supervising attorney for the Diocese of Metuchen Catholic Charities Immigration Program, and a member of the American Immigration Lawyers Association.

“Michael has a deep understanding of our firm and of the local landscape. He is not only one of the state’s foremost land use and commercial real estate attorneys, but as an experienced immigration counsel will help make ours arguably the best immigration practice in the region,” said David C. Roberts, Chair of Norris McLaughlin. “We are pleased to have Michael at the firm and look forward to his leadership and cross-practice collaboration.”

Five partners and eight associates have joined the Chicago office of the MG+M The Law Firm. The Asbestos Litigation Practice welcomes Partners Timothy KrippnerMichael CantieriChristopher TriskaWilliam Irwin, and Daniel Powell, as well as Associates Alex BlairElizabeth GrandeAerial HendersonDragana KovacevicCindy Medina-CervantesEmily Sample, and Andrea Walsh. The new members bring with them decades of combined high-stakes complex commercial and liability defense experience.

“MG+M enthusiastically welcomes this exceptional team of professionals to our firm,” commented MG+M Chairperson and Partner John B. Manning. “We have collaborated with this group of lawyers for years and look forward to their enhancement of our brand as a go-to firm for high-stakes litigation matters in Illinois, the Midwest and nationally.”

Legal Industry Awards and Recognition

The Environmental Practice Group at Greenberg Traurig, LLP has been recognized in the Legal 500 United States 2022 Guide. 31 attorneys across 12 offices in the US were included in the list, highlighting the firm’s expertise in areas such as environmental regulation, environmental litigation, energy regulation, mass torts, and Native American law.

Of particular note, shareholder David B. Weinstein was recognized in the U.S. Guide as a Leading Lawyer in the category of Dispute Resolution > Product Liability, Mass Tort, and Class Action – Defense: Toxic Tort. Likewise, shareholder Troy A. Eid was recognized as a Leading Lawyer for Industry Focus > Native American Law.

Canadian law firm Blake, Cassels & Graydon LLP was recognized six times at the 2022 Benchmark Canada Awards, including three separate “Firm of the Year” Awards. Specifically, the firm was named the Competition Litigation Firm of the Year for the first time, the White Collar Crime/Enforcement Firm of the Year for the third consecutive year, and the Arbitration Firm of the Year for the fifth consecutive year.

In addition, Blakes was granted the Impact Case of the Year award for work on Sherman Estate v. Donovan, led by partner Iris Fischer. Partners Michael Barrack and Melanie Baird also received the Hall of Fame Award and the IP Litigator of the Year award, respectively.

Thomson Reuters has named six Stubbs Alderton & Markiles attorneys as “Rising Stars” on the Southern California Super Lawyers list. The members of the firm that have been selected are listed here:

Attorneys selected for the Super Lawyers list demonstrate a high degree of personal and professional achievement, as well as a significant level of peer recognition. The list selects only 2.5 percent of under-40 lawyers in the Southern California area for the “Rising Stars” designation, making decisions based on peer nomination, independent research, and peer evaluation.

Two Womble Bond Dickinson (US) attorneys have been ranked in the 2022 edition of Chambers USA. Cristin Cowles, Ph.D., an experienced patent prosecution and patent lifecycle management attorney, has been ranked in Intellectual PropertyJed Nosal, a practiced state regulatory oversight, enforcement, and compliance attorney, has been ranked in Energy & Natural Resources.

Additionally, the firm’s Massachusetts-based Energy & Natural Resources practice has been recognized by Chambers USA as an industry leader. In total, 60 Womble Bond Dickinson attorneys and 22 state-level practice areas have been recognized in the 2022 edition of Chambers USA.

Diversity, Equity, and Justice Efforts

Chris Slaughter, CEO of Steptoe & Johnson PLLC, affirmed the firm’s commitment to diversity and inclusion by taking the Leaders at the Front Initiative Pledge with the Leadership Council on Legal Diversity. Nationally recognized for its strengths in energy law, business, labor and employment, and litigation, Steptoe & Johnson has a longstanding commitment to diversity, equity, and inclusion, with efforts such as the D Cubed Program, the Standing Diversity & Inclusion Committee, and ongoing diversity recruitment and retention efforts.

The Leaders at the Front Initiative is a movement intended to forefront the conversation about diversity and inclusion for major organizations and law firms. It requires an organization to act on their pledge by creating an action plan that turns their words into measurable actions, with the end goal of helping a new diverse generation of attorneys obtain positions of leadership and in return create a national legal industry that is diverse and inclusive.

Three Bradley Arant Boult Cummings LLP attorneys have been recognized by the Virginia Access to Justice Commission for their outstanding pro bono services. Lee-Ann C. Brown, an associate at the firm, has been named the 2020-2021 Pro Bono Service Champion, an honor reserved for top Virginia attorneys reporting the highest number of pro bono hours. Douglas L. Patin and Henry C. Su have likewise been named 2020-2021 Pro Bono Service Honor Roll members for contributing over 40 hours of pro bono service.

The Virginia Access to Justice Commission was established in 2013 by the state’s Supreme Court to promote equal access to justice, with a particular emphasis on the civil needs of Virginia residents. The bar’s participation in pro bono service has since become a priority for the Commission, connecting judges, lawyers, and legal aid and social services to assist in making the courts more accessible for all.

“These attorneys have made tremendous strides in providing pro bono service and working to promote access to justice in the Virginia community, and we are proud of their significant contributions,” said Bradley Pro Bono Counsel Tiffany M. Graves.

Hunton Andrews Kurth LLP has announced the establishment of the HuntonAK Pathfinders Scholarship Program, a 10-week, paid Summer Clerkship for outstanding first-generation 2L law students. Stemming from the winning submission at the firm’s annual “Hackathon,” a brain-storming competition for enhancing diversity and inclusion in the legal industry, the scholarship seeks to attract students to the private practice of law while providing valuable work and mentorship experiences at the firm.

Hunton Andrews Kurth is committed to making our profession more accessible to talented law students who have already demonstrated great determination by climbing the first rung of the educational mobility ladder,” said managing partner Wally Martinez. “This scholarship, strictly for first-generation students, is one of the first of its kind and we are honored to help lead the way with this effort.”

Copyright ©2022 National Law Forum, LLC

Bouncing Back with Justice Leah Ward Sears [PODCAST]

Former Georgia Supreme Court Chief Justice Leah Ward Sears had to overcome multiple systemic barriers including racism and misogyny, but a personal setback – divorce – is something that profoundly shaped her. In this episode of Bouncing Back, Justice Sears shares with Rebecca Glatzer how she came to terms with her divorce and to accept that she could not control—or fix—everything in her life.

With decades of experience as an attorney, a jurist and an elected official, Justice Leah Ward Sears, a Partner in the Litigation Section of Smith, Gambrell & Russell, LLP, brings a powerful combination of strategy, analytical thinking and tactical action that gives her clients a compelling edge in complex litigation, appeal, and arbitration and mediation.

Recognized as one of Georgia’s leading legal luminaries and role models, Ms. Sears broke numerous barriers in her swift rise to the highest court in Georgia. When she was elected to the Superior Court of Fulton County, she became the first woman to ever serve on that court. Later she was appointed, and then elected, to serve as a Justice on the Supreme Court of Georgia — again, the first woman as well as the youngest jurist ever on that court.

She rose to Presiding Justice and in 2005 her colleagues elevated her to Chief Justice of the Georgia Supreme Court, where she served until retiring from the bench in 2009. During her tenure at the Georgia Supreme Court, Ms. Sears spearheaded an effort to establish the Georgia Office of Dispute Resolution, which is a policy-making body under the auspices of the Georgia Supreme Court that oversees the development of court-connected alternative dispute resolution (ADR) programs in Georgia. She also chaired the Judicial Council of Georgia and was a member of the Board of Directors of the National Conference of Chief Justices.

Since returning to private practice, Ms. Sears has concentrated on prosecuting appeals in both the state and federal courts in many jurisdictions across the United States. This often means embedding with the trial team to develop and execute pretrial and trial strategy, build credible evidence, and begin positioning for an appeal while the trial is underway by preserving evidence and proactively looking for narrowly focused issues at trial that will help protect a hard-fought victory or overturn an unfavorable outcome.

Ms. Sears earned an advanced degree (LLM) in Appellate Judicial Studies from the University of Virginia Law School, and she completed a Juris Doctorate (JD) at Emory University School of Law. She also holds a Bachelor of Science degree from Cornell University.

©2022 Major, Lindsey & Africa, an Allegis Group Company. All rights reserved.
For more articles about legal leaders, visit the NLR Civil Rights type of law page.

CFPB to Examine College Lending Practices

On January 20, the CFPB announced that it would begin examining the operations of post-secondary schools that offer private loans directly to students and update its exam procedures to include a new section on institutional student loans.  The CFPB highlights its concern about the student borrower experience in light of alleged past abuses at schools that were previously sued by the CFPB for unfair and abusive practices in connection with their in-house private loan programs.

When examining institutions offering private education loans, in addition to looking at general lending issues, CFPB examiners will be looking at the following areas:

  • Placing enrollment or attendance restrictions on students with loan delinquencies;
  • Withholding transcripts;
  • Accelerating payments;
  • Failing to issue refunds; and
  • Maintaining improper lending relationships

This announcement was accompanied by a brief remark from CFPB Director Chopra:  “Schools that offer students loans to attend their classes have a lot of power over their students’ education and financial future.  It’s time to open up the books on institutional student lending to ensure all students with private student loans are not harmed by illegal practices.”

Putting it Into Practice:  The CFPB’s concern with the experience of student borrowers is in line with a number of enforcement actions pursued by the Bureau against post-secondary schools.  The education loan exam procedures manual is intended for use by Bureau examiners, and is available as a resource to those subject to its exams. These procedures will be incorporated into the Bureau’s general supervision and examination manual.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.

It’s Time to Clarify When Cross-Appeals Are Necessary

Much has been said on this blog about when one should cross-appeal, given the Law Court’s jurisprudence on the topic.  I most recently addressed the issue here.  As I noted then, there is some tension between the text of the Maine Rules of Appellate Procedure, which provides that “[i]f the appellee seeks any change in the judgment that is on appeal, the appellee must file a cross-appeal to preserve that issue,” M.R. App. P. 2C(a)(1), and the Court’s most recent rulings (in Jones v. Secretary of State and Reed v. Secretary of State) regarding the necessity of cross-appealing to preserve an alternative argument for affirmance.  Because of the importance of this issue, my colleague Nolan Reichl and I recently published an article in the Maine Bar Journal (at page 10) addressing the topic.

As we wrote there,

Recent decisions by the Law Court have raised questions concerning whether a litigant must file a notice of cross-appeal merely to argue a judgment should be affirmed based on grounds alternative to those adopted by the trial court. Maine Rule of Appellate Procedure 2C, Law Court precedent, and analogous federal practice all confirm that an appellee urging affirmance of a judgment on alternative grounds need not file a notice of cross-appeal so long as that litigant does not seek a substantive alteration in the terms of the judgment.

We also note that,

as the law now stands, it is less than clear what the cross-appeal rule is. Rule 2C and [the Law Court’s decision in Argereow v. Weisberg] say one thing, while Reed and Jones say another.

Accordingly, we argue that the cross-appeal rule applied in Reed and Jones “should be overruled expressly” and that the “Law Court should take the next available opportunity to clarify its cross-appeal jurisprudence and reaffirm the plain terms of Rule 2C.”

Agree or disagree, we hope that the article furthers the discussion on this important topic.

©2021 Pierce Atwood LLP. All rights reserved.

For more articles like this, visit the NLR Litigation section.

New York Times v. Sullivan Supreme Court Decision and its Impact on Libel Law: the Case, the Context and the Consequences

Aimee Edmondson, Ph.D. and Associate Professor and Director for Graduate Studies at Ohio University, has recently published a new book, In Sullivan’s Shadow on the landmark libel US Supreme Court case New York Times v. SullivanIn the current contentious climate where even the weather has become a political topic, and with President Trump courting a combative relationship with the news media, this case from the Civil Rights Era (1964) has a new resonance. It seems appropriate to re-examine the case, the historical context surrounding it, and why it still matters today.

The following are the facts of this case. In the early ’60s, the New York Times (NYT) published a full-page advertisement by the supporters of Martin Luther King, Jr, criticizing the Montgomery Alabama police, and specifically L.B. Sullivan, the Montgomery Police commissioner, for the department’s mistreatment of Civil Rights protesters. Sullivan sued the paper for defamation, and the trial court ruled in his favor. The NYT appealed to the Supreme Court in Alabama, which affirmed, and then the NYT appealed to the U.S Supreme Court. The U.S. Supreme Court heard the case and returned a unanimous decision 9-0, that the underlying decisions violated the First Amendment. This 1964 Supreme Court landmark decision is foundational in support of the First Amendment’s right of freedom of the press and ultimately demonstrates that the freedom of speech protections in the First Amendment restrict the ability of public officials to sue for defamation. This decision also created the “actual malice” standard, which required that the publication of false or erroneous information had to be done with actual intent to harm the public figure.

Libel litigation has really kicked up in recent years. While the “actual malice” standard is still firmly in place, a few high-profile libel actions have pressed forward. A few examples are the following: Sarah Palin suing the NYT; the Covington Catholic students, specifically Nicholas Sandmann and his ultimately dismissed lawsuit against the Washington Post (WP); and former Sheriff Joseph Arpaio’s lawsuit against the NYT and editorial writer Michelle Cottle which was also dismissed. Additionally, Trump frequently uses his Twitter feed to proclaim that libel suits “are out of reach” but continues to threaten libel action when unflattering press is published. To be clear, his threats have remained threats; to this date, he has not filed lawsuits regarding libel.

With this history and cultural context in mind, I am very grateful that Professor Edmondson took the time to speak with me regarding the state of libel litigation in the United States.

The NLR: The Sullivan case dates back to the ’60s and came out of the Civil Rights Movement when the NYT was sued by the Montgomery, Alabama police commissioner, L.B. Sullivan. Why is this precedent especially relevant now?

Sullivan is relevant for at least these three reasons.

First, journalism faces tough challenges. Local print journalism is withering. The president of the United States has launched an assault on news media. And manipulators, some of them foreign, are abusing technology with fakery and confusion. As the free press struggles, our Republic is well served by existing protection again libel abuse.

Second, we as a nation go to great lengths to protect free speech, even unpopular and hateful expression. The Supreme Court recently ruled that the government could not deny vulgar trademarks citing the First Amendment (Iancu v. Brunetti, decided June 24, 2019). Citizens who chant “send her back” at a Trump rally are protected. Journalists who cover controversy likewise should be protected from libel abuse.

When the nation’s Founders gathered to amend the Constitution through the Bill of Rights, they positioned freedom of speech and the free press side-by-side, as complementary. As we protect free speech, we also should protect the free press.

Third, the abuse of libel is an instinctive default position of authority facing criticism. When authority is irritated by the message, it can seek ways to injure or chill the messenger. America should guard against abuse of libel. Justice William Brennan wrote in the 1964 landmark Sullivan case that, left unchecked, abuse of libel can “threaten the very existence of an American press virile enough to publish unpopular views on public affairs and bold enough to criticize the conduct of public officials.”

In this era of divided citizenry, profound technological changes, and nervousness about the future, Sullivan is perhaps more relevant because it checks the misuse of libel.

The NLR:  Based on your research of libel prior to Sullivan, what can you tell us about the use and abuse of libel before Sullivan?

In the Jim Crow South, libel was weaponized against the press and individuals who challenged the racial status quo. The Sullivan case was the culmination of an onslaught of libel claims designed to brake progress, silence criticism, and bankrupt agents of change as the civil rights movement was gaining momentum.

The intersection of libel, race, and journalism can be tracked to the early years of our nation. In 1830, abolitionist William Lloyd Garrison was indicted in Baltimore for publishing a newspaper report of 75 enslaved people shipped from Baltimore to New Orleans. He was locked up for 49 days in part for criticizing the institution of slavery. Garrison’s lawyer, Charles Mitchell of Baltimore, described libel abuse as an “engine of tyranny.”

My book primarily focuses on civil rights-era libel litigation, mainly, but not exclusively, in the South. Chapter One is set in Los Angeles. The local Klan sued the African American editor-publisher of the California Eagle in 1925 after the newspaper published a Klan strategy memo on how to manipulate black voters in Watts. The judge ruled in favor of the paper, concluding that the Klan document, which had been handed over to police and then to journalists, was privileged. (In court, the Klan said the paper was fake.)

The win-loss record of libel cases was mixed before Sullivan was taken up by the nation’s high court. Defendants settled some cases to avoid expense and exposure. Some judges ruled that truth was a defense against libel claims.

Regardless of the legal outcomes, the pile-on of libel lawsuits against the press and civil rights leaders was draining financially. For example, Reverend Fred Shuttlesworth was a named defendant in the Sullivan case, even though he didn’t know that his name appeared in the full-page ad in NYT that prompted Sullivan’s lawsuit. Alabama courts awarded Commissioner Sullivan $500,000, a record-high judgment at the time. While the case was on appeal, authorities seized Reverend Shuttlesworth’s Plymouth, which brought $400 at auction to help pay the judgment. Land owned by three other ministers who also were defendants was sold at auction for $4,350.

By the time the U.S. Supreme Court heard the Sullivan case, there was plenty of evidence in multiple jurisdictions showing that libel abuse was weighing on the First Amendment.

The NLR: After the Sullivan ruling in 1964, the press went on to break some fairly fantastic stories. I am thinking about Watergate, in the early ’70s, specifically. What were the implications of Sullivan regarding press coverage of civil rights, Vietnam, Watergate, and other contentious news?

Yes. My colleague Christopher B. Daly at Boston University (author of “Covering America”) makes the profound point that Americans need a free and robust press in wartime and peacetime. He cites coverage of the Pentagon Papers, the My Lai Massacre, and the Abu Ghraib torture scandal.

I close my book by pointing out that Sullivan freed the press to ramp up its watchdog reporting on a wide range of issues. The press’ scrutiny must continue as a cornerstone of our democratic tradition.

Balancing police authority/public safety with respect for individual freedoms and free expression was at the core of much of the libel litigation before and after Sullivan. The Sullivan case at its heart was about criticism of police brutality against civil rights protesters in Montgomery, Alabama, which was a cradle of the Confederacy during the Civil War. As a result of Sullivan, today’s public criticism of law enforcement, such as press coverage of  “Hands up, don’t shoot,” and “I can’t breathe” are not actionable libel claims.

The NLR: Earlier this year, Justice Clarence Thomas suggested that the Supreme Court should take a look at Sullivan, after 55 years, to modify the standard on actual malice. The rest of the Court did not voice similar sentiments. What point is Justice Thomas making/what is on his mind, and do you think the Court will revisit libel anytime soon?

Justice Thomas often treads his own path in the area of First Amendment law. He is a noted defender of advertising (commercial speech), questioning why it should be more heavily regulated than other types of speech, even political speech. He has questioned laws that regulate political contributions, and strongly supported less government regulation of street and lawn signs. However, he has opposed free speech protections for high school students and prisoners.

I see Sullivan as a civil rights case as well as a libel case. How ironic that Justice Thomas, the only African-American on the Supreme Court, is calling for a retreat on civil rights-era protections in Sullivan. He made this remark in a concurring opinion released early this year when the court turned down an appeal from Kathrine McKee, who accused Bill Cosby of sexual assault. She sued Cosby for libel after his lawyers called her dishonest (McKee v. Cosby). As Justice Thomas says:

New York Times and the Court’s decisions extending it were policy-driven decisions masquerading as constitutional law. Instead of simply applying the First Amendment as it was understood by the people who ratified it, the Court fashioned its own “‘federal rule[s]’” by balancing the “competing values at stake in defamation suits.” (quoting Gertz v. Welch and Sullivan). We should not continue to reflexively apply this policy-driven approach to the Constitution. Instead, we should carefully examine the original meaning of the First and Fourteenth Amendments. If the Constitution does not require public figures to satisfy an actual-malice standard in state-law defamation suits, then neither should we.

As you noted in your question, Thomas’ colleagues on the Supreme Court have not publicly joined his push to roll back Sullivan. I do not expect that Court will revisit Sullivan immediately. But predicting what the Court will do is virtually impossible. Sometimes, the seeds planted by a single justice, like Thomas’ remarks about Sullivan, yield results later.

Generally, critics say Sullivan stacks the deck against the plaintiff, that actual malice is an impossible standard, and the press should not have license to run amuck.

The NLR: Sullivan set the standard pretty high for public officials seeking to win libel claims, they have to show “actual malice.” Does this, and other existing protections of the press, make it virtually impossible to win a libel claim?

Journalists are not totally protected from libel suits, nor should they be. Truth is the ultimate defense in a libel suit. If reporters get it wrong, certainly there can be ramifications.

If reporters get it wrong and the plaintiff is a public official or public figure, the reporters may lose a libel case if actual malice is proven in court. Actual malice is publishing content that is knowingly wrong, or journalists should have known it was incorrect.

After a 15-day trial, a jury in New York awarded $75,000 in damages to Barry Goldwater, the Republican nominee for president in 1964 (Goldwater v. Ginzburg). A federal appeals court affirmed the outcome in 1969, and the Supreme Court declined to review the case. Ralph Ginzburg, publisher of Fact magazine, ran an article that said Goldwater was paranoid, unfit for office, and troubled by “intense anxiety about his manhood.” This unflattering claim was based on a survey mailed to psychiatrists. Some of the respondents had warned that psychological evaluations must take place in clinical settings, but Ginzburg published anyway. He cited the Sullivan case when Goldwater took him to court, to no avail.

Rolling Stone settled multiple libel claims after retracting its 2014 story of gang rape at a University of Virginia fraternity. The flawed 9,000-word article portrayed an associate dean as “chief villain” of the incident. She won a $3 million verdict in court and then settled. Rolling Stone settled with the fraternity for $1.65 million, and also settled with members of the fraternity.

In June, a jury in Ohio awarded $44.4 million in punitive and compensatory damages to family-owned Gibson’s Bakery to be paid by Oberlin College (Gibson’s Bakery v. Oberlin College). Bakery owners said the college defamed and harmed their business after a shoplifting incident. “Even a college as influential as Oberlin,” noted conservative blogger Cornell Law Professor William Jacobson, “may be held accountable for its actions in a court of law.”

The NLR: What has candidate Donald Trump/President Trump said about libel?

In 2016 in Fort Worth, Texas, then-candidate Trump took aim at libel laws directly: “One of the things I’m going to do if I win, and I hope we do and we’re certainly leading. I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money. We’re going to open up those libel laws. So when The New York Times and Washington Post . . . writes a hit piece, we can sue them and win money instead of having no chance of winning because they are totally protected.”

President Trump lamented in 2018 that “totally false” reports are out of reach of libel law:

Trump Tweet

Trump has threatened libel action against both the media and individuals. For example, candidate Trump threatened to sue NYT in 2016 after NYT’S publication containing claims by women of his alleged inappropriate touching. In response, a NYT attorney said if Trump thinks “the law of this land forces us and those who would dare to criticize him to stand silent or be punished, we welcome the opportunity to have a court set him straight.”

Trump did not sue.

Threatening libel action is part of Trump’s broader effort, aimed at his voter base and the electorate, to de-legitimize the press.

The NLR: Defamation-libel litigation is very active lately. What are today’s courts saying about libel?

Legal outcomes vary because circumstances vary. There is significant activity on libel, in state and federal courts, showcasing the durability of the legal standard set more than a half-century ago in Sullivan.

The Sullivan standard resonates throughout the 11-page opinion dismissing former Sheriff Joseph Arpaio’s lawsuit against NYT and editorial writer Michelle Cottle. “Because plaintiff has failed to plead actual malice, his false light claim must fail as well,” wrote US District Court Judge Amit P. Mehta (District of Columbia) in a decision issued August 9, 2019. Arpaio was longtime sheriff of Maricopa County, Arizona, before running for Congress in 2018. After Arpaio lost in the primary, NYT published an opinion piece by Cottle criticizing the sheriff’s treatment of immigrants (“he was so much more than a run-of-the-mill immigrant basher”). Arpaio, a public figure, claimed the column harmed his reputation and his chances to run for the U.S. Senate in 2020. The judge said Arpaio’s complaint “comes nowhere close to pleading sufficient facts that plausible establish ‘actual malice.’” (Arpaio v Cottle, August 9, 2019). This case is remarkably similar to the multiple libel suits filed by legendary southern lawman Lawrence Rainey, a former Neshoba County, Mississippi sheriff who sued multiple journalists and even Orion Pictures for his depiction in the film, Mississippi Burning, in 1989.

Current libel claims highlight the inflation in the amount of damages sought by plaintiffs. In the early 1960s, Sullivan (as well as then Alabama Governor John Patterson) sued NYT for $500,000. In 1982, General William Westmoreland sued CBS for $120 million regarding a Vietnam documentary (Westmoreland settled during the trial, ending the case without payment, retraction, or apology from CBS).

This year, a high school student from Kentucky sued WP for $250 million, the purchase price of the newspaper when Amazon founder Jeff Bezos bought it in 2013. On July 26, U.S. District Court Judge William O. Bertelsman (Eastern District of Kentucky) dismissed the case (Nicholas Sandmann v. The Washington Post). Publication of opinion is not actionable libel, the judge concluded. This case involved coverage of Sandmann’s encounter with Native American activist Nathan Phillips on the National Mall on January 19, 2019.

“The Court accepts Sandmann’s statement that, when he was standing motionless in the confrontation with Phillips, his intent was to calm the situation and to not impede or block anyone”, the judge said. “However, Phillips did not see it that way. He concluded that he was being ‘blocked’ and not allowed to ‘retreat.’ He passed these conclusions on to The Post. They may have been erroneous, but . . . they are opinion protected by the First Amendment. The Post is not liable for publishing these opinions.”

Days after the Sandmann case was dismissed in federal court, eight of Sandmann’s classmates (“John Does 1 through 8”) from Covington Catholic High School in Park Hills, Kentucky, filed a defamation suit in state court against 12 individuals. Defendants include two members of Congress, comic Kathy Griffin, and a batch of commentators and journalists.

Also, in August, a federal appeals court reinstated Sarah Palin’s defamation suit against NYT. Therefore, a court will consider whether a NYT editorial on gun violence exhibited “actual malice” against Palin, a former vice presidential candidate.

The NLR: You’ve raised some excellent points. How does all of this fit together?  What are we to make of this landscape in today’s contentious and media-saturated environment?

Truth-seeking is a primary mission of journalism. News reporting inspires debate. Reporting controversy does not constitute libel. Publication of malicious, reckless, falsehood is actionable libel.

Newsgathering is an ongoing process, as events evolve. Courts appear to understand this dynamic, with the media’s constant deadlines, and do not view updating as a story evolves as actual malice. It’s quite the opposite. We write what we know to be the truth as we know it.

It’s important to note that Justice Brennan’s majority opinion in Sullivan protected even false information, as long as that information was published by accident (without actual malice). Later libel cases built on Sullivan with the U.S. Supreme Court declaring that “pure opinion” is also constitutionally protected speech (Milkovich v. Lorain Journal Company). The First Amendment, then, ensures that free speech isn’t “chilled” and thus clears the way for journalists to write about fast-moving and-or controversial issues without fear of costly libel litigation.

As we ponder the big picture, let’s remember Justice Louis Brandeis’ time-honored advice: “the answer to bad speech is more speech, not ‘enforced silence.’”

The NLR: Many thanks to Dr. Edmondson for her insights and useful examples on this important and timely matter.


Copyright ©2019 National Law Forum, LLC

For more freedom of speech issues, see the Constitutional Law page on the National Law Review.