Columns
COMMENTARY: Author’s ‘Message’ ignores the reality of Mideast politics
January 09 ,2025
He is brutal and hateful.
I am referring to Ta-Nehisi Coates, the nationally-recognized Black intellectual who has made a reputation as a leading writer on race, delivering such a one-sided screed on Israel’s alleged mistreatment of Palestinians that I checked the copyright page to see if the book was published by Hamas, Hezbollah, Iran, or other neighboring enemies of Israel.
:
I am referring to Ta-Nehisi Coates, the nationally-recognized Black intellectual who has made a reputation as a leading writer on race, delivering such a one-sided screed on Israel’s alleged mistreatment of Palestinians that I checked the copyright page to see if the book was published by Hamas, Hezbollah, Iran, or other neighboring enemies of Israel.
By Berl Falbaum
He is brutal and hateful.
I am referring to Ta-Nehisi Coates, the nationally-recognized Black intellectual who has made a reputation as a leading writer on race, delivering such a one-sided screed on Israel’s alleged mistreatment of Palestinians that I checked the copyright page to see if the book was published by Hamas, Hezbollah, Iran, or other neighboring enemies of Israel.
The worst part of his new best-selling book? Coates is making lots of money from “The Message” by, sadly, peddling hate. He is appearing “everywhere” during his book tour and the focus always is on his condemnation of Israel’s abuse of Palestinians.
No alleged wrongdoing by Israel escapes him during a 10-day visit to the country, from his outrage over having to wait at checkpoints to an Israeli man who was “glaring” at his group during a guided tour. He is angered by a hotel security guard who asked for ID, writing it was less than “N—er get out” to “What the f___ are you doing here?”
In the 256-page book, he reports on his visits to Daka, Senegal; Columbia, South Carolina; and the West Bank and East Jerusalem. This column focuses on his “discussion” of Israel which consumes 117 pages of “The Message.”
Let’s begin by acknowledging and condemning abuses of Palestinians. Many have suffered needlessly and unfairly while the Netanyahu administration has been remiss in addressing the issue. Worse, some in his government have supported the discriminatory practices.
But — here is the major point — overall the 2-million Arabs (Jews make up just over 7-million) have been integrated into Israel’s society. They work alongside Israelis, go to Israeli universities, have had a political party since the founding of the Jewish state in 1948, about 100 Arabs have been members of the Knesset (Parliament) and an Arab Muslim sits on the Israeli Supreme Court. This is Coates’s apartheid.
He criticizes the characterization that “Israel is the only democracy in the Middle East,” comparing that phrase to advertising jingles such “Just Do It.”
Meanwhile, there have been no elections in Gaza, ruled by Hamas, since 2006. Similarly, in West Bank areas governed by the Palestinian Authority, no elections have been held, except for local offices, since 2012.)
Coates ignores the fact that Palestinians could have had a state from day one in 1948 but they rejected the U.N. partition proposal and that Palestinians turned down several proposed two-state solutions.
Former President Clinton, in a recent interview, said what has happened in the Middle East in the last 25 years “is one of the great tragedies of the 21st century.” Addressing the Arabs, he added: “You walk away from these once-in-a-lifetime peace opportunities, and you can’t complain 25 years later.”
Nor does Coates cover the wars Israel has had to fight to survive, nor the intifadas, nor the countless terrorist attacks it has suffered through over the decades which require Israel to have the checkpoints and guards in hotels that upset Coates. (He must be terribly upset at airport security in the U.S.)
He is also mute on the history of the Palestinian-Israeli conflict. One would think that such a renowned writer would spend a few pages outlining, for the reader, the basis of this continuing animosity between the two parties.
The names Hamas, Hezbollah, Iran, Houthis are no where to be found in “The Message.”
In interviews, he has made the following point: “I’m against a state that discriminates against people on the basis of ethnicity. I’m against that. Nothing the Palestinians could do that would make that OK for me.” He also said:
“Were I 20 years old, born into Gaza, which is a giant open-air jail … and I grew up under that oppression and that poverty and that wall comes down — am I even strong enough … where I say, ‘This is too far’?”
Translation: He might have participated in riddling babies with bullets, burning people alive, beheading them and gang-raping women.
He does not report on how support for Israel from Arab Israelis after October 7 increased dramatically. Indeed, he doesn’t even mention October 7.
Thus, we might point out to Mr. Coates, Hamas did not commit its October 7 savagery because it wanted a two-state solution. The terrorist organization proudly bragged its goal is to destroy Israel as stated in its charter and, left to its devices, promised to conduct atrocities “again and again ... and again.”
Moreover, Gaza is not “occupied territory.” Israel withdrew on its own from Gaza and four Israel settlements in 2005. Hamas has total control and instead of waging war and building tunnels it could have used the billions of dollars to improve the lives of Gazans. Worth noting: Before October 7, some 18,000 Gazans and 150,000 West Bank Palestinians crossed the border daily to work in Israel.
If he is so moved by human “indignities,” he might spend all of 10 days in Arab countries and “research” how Jews are treated in those countries. While there were some 1-million Jews in Arabs countries when Israel was founded in 1948, only 10,000 to 15,000 remain because of persecution. Meanwhile, the Arab population in Israel has grown from about 100,000 to 2-million during the same period. So much for genocide.
As a Black man, he might visit other countries, such as Sudan, which is suffering the worst humanitarian disaster in the world and where Blacks are tortured and killed simply because they are Black. No Jews remain in Sudan because of persecution.
In one challenging TV interview, the host explains to Coates that Israel has had to take severe security measures given all the wars, terrorist attacks and suicide bombings from Arab nations seeking its destruction.
Coates doesn’t care about the reasons behind the “indignities” suffered by Palestinians. Taken to its logical conclusion, Israel should just continue to accept the slaughter of its people and threats to its very existence. The existential threat does not matter to Coates.
We might note that the TV interviewer made national headlines after he was rebuked by his superiors for asking Coates tough questions.
Coates explains that the world has received misinformation from what he calls “low-information” people and he wants to give the voiceless a voice.
Three points: (1) He is now fully informed having spent a full 10 days in the region. (2) Advocacy is not a role for a journalist; it is the role of a propagandist. His obligation is to present both sides as accurately and objectively as possible. (3) The Palestinians are hardly voiceless; he obviously does not read or listen to the news. (Well, actually he has but takes exception on how the story has been told.)
Coates seems to acknowledge his slanted analysis when he writes: He has no desire to “hear both sides no matter how politely articulated, no matter how elegantly crafted. My frame excluded any defense of the patently immoral.”
In short, the book reeks of loathing, hostility, anger, resentment, animosity — all directed at Israel.
It would not be unfair to suspect that Coates will send royalties he earns from “The Message” to Hamas so the terrorist organization can finance future massacres.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
He is brutal and hateful.
I am referring to Ta-Nehisi Coates, the nationally-recognized Black intellectual who has made a reputation as a leading writer on race, delivering such a one-sided screed on Israel’s alleged mistreatment of Palestinians that I checked the copyright page to see if the book was published by Hamas, Hezbollah, Iran, or other neighboring enemies of Israel.
The worst part of his new best-selling book? Coates is making lots of money from “The Message” by, sadly, peddling hate. He is appearing “everywhere” during his book tour and the focus always is on his condemnation of Israel’s abuse of Palestinians.
No alleged wrongdoing by Israel escapes him during a 10-day visit to the country, from his outrage over having to wait at checkpoints to an Israeli man who was “glaring” at his group during a guided tour. He is angered by a hotel security guard who asked for ID, writing it was less than “N—er get out” to “What the f___ are you doing here?”
In the 256-page book, he reports on his visits to Daka, Senegal; Columbia, South Carolina; and the West Bank and East Jerusalem. This column focuses on his “discussion” of Israel which consumes 117 pages of “The Message.”
Let’s begin by acknowledging and condemning abuses of Palestinians. Many have suffered needlessly and unfairly while the Netanyahu administration has been remiss in addressing the issue. Worse, some in his government have supported the discriminatory practices.
But — here is the major point — overall the 2-million Arabs (Jews make up just over 7-million) have been integrated into Israel’s society. They work alongside Israelis, go to Israeli universities, have had a political party since the founding of the Jewish state in 1948, about 100 Arabs have been members of the Knesset (Parliament) and an Arab Muslim sits on the Israeli Supreme Court. This is Coates’s apartheid.
He criticizes the characterization that “Israel is the only democracy in the Middle East,” comparing that phrase to advertising jingles such “Just Do It.”
Meanwhile, there have been no elections in Gaza, ruled by Hamas, since 2006. Similarly, in West Bank areas governed by the Palestinian Authority, no elections have been held, except for local offices, since 2012.)
Coates ignores the fact that Palestinians could have had a state from day one in 1948 but they rejected the U.N. partition proposal and that Palestinians turned down several proposed two-state solutions.
Former President Clinton, in a recent interview, said what has happened in the Middle East in the last 25 years “is one of the great tragedies of the 21st century.” Addressing the Arabs, he added: “You walk away from these once-in-a-lifetime peace opportunities, and you can’t complain 25 years later.”
Nor does Coates cover the wars Israel has had to fight to survive, nor the intifadas, nor the countless terrorist attacks it has suffered through over the decades which require Israel to have the checkpoints and guards in hotels that upset Coates. (He must be terribly upset at airport security in the U.S.)
He is also mute on the history of the Palestinian-Israeli conflict. One would think that such a renowned writer would spend a few pages outlining, for the reader, the basis of this continuing animosity between the two parties.
The names Hamas, Hezbollah, Iran, Houthis are no where to be found in “The Message.”
In interviews, he has made the following point: “I’m against a state that discriminates against people on the basis of ethnicity. I’m against that. Nothing the Palestinians could do that would make that OK for me.” He also said:
“Were I 20 years old, born into Gaza, which is a giant open-air jail … and I grew up under that oppression and that poverty and that wall comes down — am I even strong enough … where I say, ‘This is too far’?”
Translation: He might have participated in riddling babies with bullets, burning people alive, beheading them and gang-raping women.
He does not report on how support for Israel from Arab Israelis after October 7 increased dramatically. Indeed, he doesn’t even mention October 7.
Thus, we might point out to Mr. Coates, Hamas did not commit its October 7 savagery because it wanted a two-state solution. The terrorist organization proudly bragged its goal is to destroy Israel as stated in its charter and, left to its devices, promised to conduct atrocities “again and again ... and again.”
Moreover, Gaza is not “occupied territory.” Israel withdrew on its own from Gaza and four Israel settlements in 2005. Hamas has total control and instead of waging war and building tunnels it could have used the billions of dollars to improve the lives of Gazans. Worth noting: Before October 7, some 18,000 Gazans and 150,000 West Bank Palestinians crossed the border daily to work in Israel.
If he is so moved by human “indignities,” he might spend all of 10 days in Arab countries and “research” how Jews are treated in those countries. While there were some 1-million Jews in Arabs countries when Israel was founded in 1948, only 10,000 to 15,000 remain because of persecution. Meanwhile, the Arab population in Israel has grown from about 100,000 to 2-million during the same period. So much for genocide.
As a Black man, he might visit other countries, such as Sudan, which is suffering the worst humanitarian disaster in the world and where Blacks are tortured and killed simply because they are Black. No Jews remain in Sudan because of persecution.
In one challenging TV interview, the host explains to Coates that Israel has had to take severe security measures given all the wars, terrorist attacks and suicide bombings from Arab nations seeking its destruction.
Coates doesn’t care about the reasons behind the “indignities” suffered by Palestinians. Taken to its logical conclusion, Israel should just continue to accept the slaughter of its people and threats to its very existence. The existential threat does not matter to Coates.
We might note that the TV interviewer made national headlines after he was rebuked by his superiors for asking Coates tough questions.
Coates explains that the world has received misinformation from what he calls “low-information” people and he wants to give the voiceless a voice.
Three points: (1) He is now fully informed having spent a full 10 days in the region. (2) Advocacy is not a role for a journalist; it is the role of a propagandist. His obligation is to present both sides as accurately and objectively as possible. (3) The Palestinians are hardly voiceless; he obviously does not read or listen to the news. (Well, actually he has but takes exception on how the story has been told.)
Coates seems to acknowledge his slanted analysis when he writes: He has no desire to “hear both sides no matter how politely articulated, no matter how elegantly crafted. My frame excluded any defense of the patently immoral.”
In short, the book reeks of loathing, hostility, anger, resentment, animosity — all directed at Israel.
It would not be unfair to suspect that Coates will send royalties he earns from “The Message” to Hamas so the terrorist organization can finance future massacres.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
LEGAL PEOPLE
January 07 ,2025
Secrest Wardle is pleased to welcome five attorneys formerly of the
Ogne, Alberts, & Stuart PC law firm: Jeffrey Bullard Sr., John M.
Conway, Dennis D. Alberts, Jared J. Andrzejewski, and Michael A. Ross.
:
Secrest Wardle is pleased to welcome five attorneys formerly of the Ogne, Alberts, & Stuart PC law firm: Jeffrey Bullard Sr., John M. Conway, Dennis D. Alberts, Jared J. Andrzejewski, and Michael A. Ross.
Bullard is an attorney whose specialty is personal injury defense and environmental law. He has taken more than 90 jury trials to verdict, including a no-cause verdict on a million dollar offer.
Conway is a litigator whose focus is on the representation of self-insured corporations and insurance company/insureds in all matters including personal injury defense, asbestos litigation, and commercial litigation. He practices in both Michigan and Ohio.
Alberts is a litigator who has been trying litigated matters since 1977 and performs all aspects of claims and pretrial preparations including investigations, negotiations, and discovery. His areas of specialty include premises liability, insurance issues, construction liability, as well as product liability and commercial litigation. He has tried a variety of cases involving contract matters, auto accidents, slip and falls, food poisoning, real estate disputes, employment discrimination, product liability, and construction accidents.
Andrzejewski is an attorney whose practice focuses on defending clients in various third-party negligence claims, premises liability, and no-fault bodily injury claims. Additionally, he has experience representing insurance companies and their insureds against predatory tow companies. His litigation work has taken him to more than 100 courts across Michigan.
Ross is an attorney whose practice has focused on insurance defense and other civil litigation, but his forte is appellate work. He has argued appeals in a wide variety of civil cases in Michigan, Ohio, and the Sixth Circuit.
• • •
Zausmer attorney Talitha Mahome has been appointed to the Chippewa Valley Schools Board of Education, bringing legal expertise and a commitment to community service to the district.
Mahome first sought a seat on the board in the November 2024 election. Although she narrowly missed being elected, her campaign garnered significant community support. After two board members resigned following their elections to other township positions, Mahome was selected to fill one of the vacancies through an application and interview process.
Mahome previously served as an assistant prosecuting attorney in Wayne County and currently works as an attorney specializing in civil litigation and insurance defense. As the mother of two, Mahome has been involved in the Chippewa Valley community for years, participating in PTO activities, school events, and community initiatives.
During her tenure, Mahome plans to focus on equitable resource allocation, supporting educators, and addressing students’ mental health. She has also expressed her dedication to fostering stronger connections between families and the district to ensure transparency and collaboration.
Zausmer congratulates Mahome on her appointment.
• • •
Attorney Mikhail Perkins has been promoted to director of public affairs for the Executive Office of the Governor. The promotion was announced by Michigan Governor Gretchen Whitmer.
Perkins joined the administration as a legislative affairs specialist, providing expert policy and legal analysis on legislative matters to the governor and executive leadership. Prior to this, he served as a policy advisor for the Michigan Senate Majority Democratic Staff, specializing in finance, economic and community development, and judiciary and civil rights. He also worked as a legal extern at the Saginaw Defenders Office, led former state Representative Byrd’s office as chief of staff and legislative director, and was a law clerk at White & Wojda Attorneys and Counselors.
Perkins received his law degree from Michigan State University College of Law and undergraduate degree in political science from Michigan State University.
• • •
Honigman LLP is pleased to announce that the firm’s board of directors has elected the following local attorneys as partners, effective January 1:
Morgan L. Esters (Detroit) is a member of the Litigation Department who focuses her practice on complex commercial litigation. Esters earned her law degree from Michigan State University College of Law.
Tucker R. Hunter (Detroit) is a member of the Litigation Department who concentrates his practice on complex commercial litigation matters. Hunter earned his law degree from Harvard Law School.
Tyler J. Kemper (Bloomfield Hills) is a member of the Corporate Department. He focuses his practice on estate planning and estate and trust administration. Kemper earned his law degrees from Northwestern Pritzker School of Law and Wayne State University Law School.
Ahmad H. Sabbagh (Detroit) is a member of the Corporate Department who focuses his practice on commercial and technology transactions. Sabbagh earned his law degree from Wayne State University Law School.
Katelyn M. Young (Detroit) is a member of the Litigation Department. Her practice focuses on complex commercial litigation matters. Young earned her law degree from Wayne State University Law School.
• • •
Clark Hill recently announced the promotion of 29 attorneys to member, effective January 1. The 2025 class of member promotions is the largest in firm history and represents 13 offices and 10 practice areas.
“We’re thrilled to be promoting such a large and accomplished group of attorneys to start the new year,” Clark Hill CEO John Hensien said. “It’s fantastic to see this class come from a wide variety of locations and practice groups. They’ve already been tremendous leaders and representatives of the firm, and we’re excited to elevate them to our membership.”
The local promoted attorneys are:
Steve Campbell – Environment, Energy, and Natural Resources – Detroit
Lindsey Medina – Immigration – Detroit
Jonathan Roffe – Litigation – Birmingham
Althea Simpson – Litigation – Detroit
Ilya Smith – Corporate – Detroit and Chicago
Peter Valiotis – Litigation – Detroit
Clark Hill also announced the promotion of 13 attorneys to senior attorney. The local attorneys promoted are:
Mariah Mumford – Litigation – Birmingham
Stephanie Romeo – Labor and Employment – Detroit
Lauren Smith – Labor and Employment – Detroit
• • •
Taft is pleased to announce that the following local attorneys have been elected to the firm’s partnership:
Salvatore Amodeo, Litigation, Detroit
Kim Clayson, Bankruptcy, Detroit
Jeff Izzard, Business, Detroit
Amodeo is a member of Taft’s Commercial Litigation group and has experience representing his clients’ interests at the state and federal levels in all areas of business litigation, limited liability company membership and shareholder disputes, construction litigation, contract disputes, employment disputes, civil rights and constitutional claims, and business torts. He received his law degree from Wayne State University Law School and his undergraduate degree from the University of Michigan.
Clayson serves a diverse client portfolio in the areas of insolvency law, creditors’ rights, bankruptcy matters, bankruptcy-related litigation, business law, and health law. She also advises financially distressed companies and nonprofit organizations in bankruptcy restructuring, out-of-court wind ups and dissolutions. She received her law degree from the University of Detroit Mercy School of Law and her bachelor’s degree from Michigan State University.
Izzard is a transactional attorney assisting clients with mergers, sales and acquisitions, equity and debt-based fundraising, and corporate reorganizations. He provides counsel for clients of all sizes from established businesses, private equity funds, and automotive suppliers to renewable energy providers, medical practice groups, and early-stage ventures. He received his undergraduate degree from the University of Michigan and his law degree from the University of Michigan Law School.
• • •
Brooks Kushman Shareholder Christopher Smith was recently re-appointed as the vice chair of IP Licensing and Related Issues for the Intellectual Property Owner Association (IPO) Patent Licensing Committee for 2025 by the IPO Board. The committee includes several members from across the country who focus on intellectual property licensing and related matters and issues.
As vice chair, Smith will help prepare and promote programming offered by the committee. During previous terms, he participated on panels that examined licensing issues such as: best practices for supplier agreements; issues pertaining to standard essential patents for 5G; and unintended consequences of certain IP licensing provisions/language. Smith has been a member of the IP Licensing Committee for eight years and has also held the role of secretary in the committee.
Smith concentrates his practice on intellectual property litigation, with a primary emphasis on patent litigation. In addition to litigation, he is involved with the preparation of invalidity and infringement opinions and licensing disputes. Smith has represented clients from Fortune 500 companies to startups and individual inventors in a wide variety of industries and technologies including: (1) automotive, including infotainment; (2) medical devices; (3) internet, including content delivery networks; and (4) telecommunications, including fiber optics.
Bullard is an attorney whose specialty is personal injury defense and environmental law. He has taken more than 90 jury trials to verdict, including a no-cause verdict on a million dollar offer.
Conway is a litigator whose focus is on the representation of self-insured corporations and insurance company/insureds in all matters including personal injury defense, asbestos litigation, and commercial litigation. He practices in both Michigan and Ohio.
Alberts is a litigator who has been trying litigated matters since 1977 and performs all aspects of claims and pretrial preparations including investigations, negotiations, and discovery. His areas of specialty include premises liability, insurance issues, construction liability, as well as product liability and commercial litigation. He has tried a variety of cases involving contract matters, auto accidents, slip and falls, food poisoning, real estate disputes, employment discrimination, product liability, and construction accidents.
Andrzejewski is an attorney whose practice focuses on defending clients in various third-party negligence claims, premises liability, and no-fault bodily injury claims. Additionally, he has experience representing insurance companies and their insureds against predatory tow companies. His litigation work has taken him to more than 100 courts across Michigan.
Ross is an attorney whose practice has focused on insurance defense and other civil litigation, but his forte is appellate work. He has argued appeals in a wide variety of civil cases in Michigan, Ohio, and the Sixth Circuit.
• • •
Zausmer attorney Talitha Mahome has been appointed to the Chippewa Valley Schools Board of Education, bringing legal expertise and a commitment to community service to the district.
Mahome first sought a seat on the board in the November 2024 election. Although she narrowly missed being elected, her campaign garnered significant community support. After two board members resigned following their elections to other township positions, Mahome was selected to fill one of the vacancies through an application and interview process.
Mahome previously served as an assistant prosecuting attorney in Wayne County and currently works as an attorney specializing in civil litigation and insurance defense. As the mother of two, Mahome has been involved in the Chippewa Valley community for years, participating in PTO activities, school events, and community initiatives.
During her tenure, Mahome plans to focus on equitable resource allocation, supporting educators, and addressing students’ mental health. She has also expressed her dedication to fostering stronger connections between families and the district to ensure transparency and collaboration.
Zausmer congratulates Mahome on her appointment.
• • •
Attorney Mikhail Perkins has been promoted to director of public affairs for the Executive Office of the Governor. The promotion was announced by Michigan Governor Gretchen Whitmer.
Perkins joined the administration as a legislative affairs specialist, providing expert policy and legal analysis on legislative matters to the governor and executive leadership. Prior to this, he served as a policy advisor for the Michigan Senate Majority Democratic Staff, specializing in finance, economic and community development, and judiciary and civil rights. He also worked as a legal extern at the Saginaw Defenders Office, led former state Representative Byrd’s office as chief of staff and legislative director, and was a law clerk at White & Wojda Attorneys and Counselors.
Perkins received his law degree from Michigan State University College of Law and undergraduate degree in political science from Michigan State University.
• • •
Honigman LLP is pleased to announce that the firm’s board of directors has elected the following local attorneys as partners, effective January 1:
Morgan L. Esters (Detroit) is a member of the Litigation Department who focuses her practice on complex commercial litigation. Esters earned her law degree from Michigan State University College of Law.
Tucker R. Hunter (Detroit) is a member of the Litigation Department who concentrates his practice on complex commercial litigation matters. Hunter earned his law degree from Harvard Law School.
Tyler J. Kemper (Bloomfield Hills) is a member of the Corporate Department. He focuses his practice on estate planning and estate and trust administration. Kemper earned his law degrees from Northwestern Pritzker School of Law and Wayne State University Law School.
Ahmad H. Sabbagh (Detroit) is a member of the Corporate Department who focuses his practice on commercial and technology transactions. Sabbagh earned his law degree from Wayne State University Law School.
Katelyn M. Young (Detroit) is a member of the Litigation Department. Her practice focuses on complex commercial litigation matters. Young earned her law degree from Wayne State University Law School.
• • •
Clark Hill recently announced the promotion of 29 attorneys to member, effective January 1. The 2025 class of member promotions is the largest in firm history and represents 13 offices and 10 practice areas.
“We’re thrilled to be promoting such a large and accomplished group of attorneys to start the new year,” Clark Hill CEO John Hensien said. “It’s fantastic to see this class come from a wide variety of locations and practice groups. They’ve already been tremendous leaders and representatives of the firm, and we’re excited to elevate them to our membership.”
The local promoted attorneys are:
Steve Campbell – Environment, Energy, and Natural Resources – Detroit
Lindsey Medina – Immigration – Detroit
Jonathan Roffe – Litigation – Birmingham
Althea Simpson – Litigation – Detroit
Ilya Smith – Corporate – Detroit and Chicago
Peter Valiotis – Litigation – Detroit
Clark Hill also announced the promotion of 13 attorneys to senior attorney. The local attorneys promoted are:
Mariah Mumford – Litigation – Birmingham
Stephanie Romeo – Labor and Employment – Detroit
Lauren Smith – Labor and Employment – Detroit
• • •
Taft is pleased to announce that the following local attorneys have been elected to the firm’s partnership:
Salvatore Amodeo, Litigation, Detroit
Kim Clayson, Bankruptcy, Detroit
Jeff Izzard, Business, Detroit
Amodeo is a member of Taft’s Commercial Litigation group and has experience representing his clients’ interests at the state and federal levels in all areas of business litigation, limited liability company membership and shareholder disputes, construction litigation, contract disputes, employment disputes, civil rights and constitutional claims, and business torts. He received his law degree from Wayne State University Law School and his undergraduate degree from the University of Michigan.
Clayson serves a diverse client portfolio in the areas of insolvency law, creditors’ rights, bankruptcy matters, bankruptcy-related litigation, business law, and health law. She also advises financially distressed companies and nonprofit organizations in bankruptcy restructuring, out-of-court wind ups and dissolutions. She received her law degree from the University of Detroit Mercy School of Law and her bachelor’s degree from Michigan State University.
Izzard is a transactional attorney assisting clients with mergers, sales and acquisitions, equity and debt-based fundraising, and corporate reorganizations. He provides counsel for clients of all sizes from established businesses, private equity funds, and automotive suppliers to renewable energy providers, medical practice groups, and early-stage ventures. He received his undergraduate degree from the University of Michigan and his law degree from the University of Michigan Law School.
• • •
Brooks Kushman Shareholder Christopher Smith was recently re-appointed as the vice chair of IP Licensing and Related Issues for the Intellectual Property Owner Association (IPO) Patent Licensing Committee for 2025 by the IPO Board. The committee includes several members from across the country who focus on intellectual property licensing and related matters and issues.
As vice chair, Smith will help prepare and promote programming offered by the committee. During previous terms, he participated on panels that examined licensing issues such as: best practices for supplier agreements; issues pertaining to standard essential patents for 5G; and unintended consequences of certain IP licensing provisions/language. Smith has been a member of the IP Licensing Committee for eight years and has also held the role of secretary in the committee.
Smith concentrates his practice on intellectual property litigation, with a primary emphasis on patent litigation. In addition to litigation, he is involved with the preparation of invalidity and infringement opinions and licensing disputes. Smith has represented clients from Fortune 500 companies to startups and individual inventors in a wide variety of industries and technologies including: (1) automotive, including infotainment; (2) medical devices; (3) internet, including content delivery networks; and (4) telecommunications, including fiber optics.
COMMENTARY: Initiating arbitration: Filing the demand and response
January 07 ,2025
“The first move may not determine the victory but it charts the course
and lays the foundation for success.” This saying aptly describes the
importance of the initial stages of arbitration.
:
(This is the third article in a 12-part series on domestic arbitration, offering a clear guide through each stage of the process. In this installment, we explore how arbitration is formally initiated, the filing process, timelines, and the Respondent’s role in answering the claim. Stay tuned for Part 4: “Selecting the Arbitrator: Process and Considerations” coming next month.)
By Harshitha Ram
“The first move may not determine the victory but it charts the course and lays the foundation for success.” This saying aptly describes the importance of the initial stages of arbitration.
The seeds of success are sown early, with precision and preparation determining the trajectory of the dispute. From filing the demand to crafting a strategic response, these steps establish the foundation of a just and efficient resolution process. A well-crafted demand serves as a roadmap, clearly outlining the issues, remedies sought, and framework for arbitration. It should be concise yet persuasive, including a clear statement of the dispute, references to the arbitration agreement, and detailed relief sought, such as damages or specific performance. Precision and preparation at this stage ensure a smooth transition from disagreement to dialogue, laying the groundwork for a fair and efficient resolution.
Practicality is key. Think of the demand as a document that will guide not just the respondent but also the arbitral tribunal. Be mindful of the rules outlined in the applicable arbitration agreement or institution, such as the AAA, particularly regarding submission methods, filing fees, and deadlines. A common oversight is neglecting to attach supporting documents or failing to properly serve the demand on all parties involved. These details may seem technical, but they ensure that the arbitration begins on solid procedural footing, preventing unnecessary disputes or delays.
Responding to the Demand for Arbitration: Crafting a Strategic Defense
Responding to a demand for arbitration is more than a procedural obligation—it’s a critical opportunity to shape the narrative of the dispute and lay the groundwork for your defense. A well-prepared response should carefully address the claims raised in the demand, admitting or denying allegations where appropriate, while also presenting any preliminary objections or defenses. For example, if the dispute is not arbitrable or if there are jurisdictional concerns, these issues must be raised at the outset to avoid waiving them. Additionally, if the respondent intends to file counterclaims, these should be detailed with the same level of specificity as a demand, including the basis for the claims and the relief sought.
Timeliness and thoroughness are essential. Most arbitration rules set strict deadlines for filing a response, often within 14 to 30 days of receiving the demand. Missing this deadline can lead to procedural disadvantages, such as ex parte orders. Beyond addressing the substance of the dispute, use this stage to highlight any procedural issues, propose preferences for arbitrator selection (if allowed), and indicate whether interim measures may be needed. A strategic response not only sets the stage for the arbitration process but also signals to the claimant and tribunal that the respondent is well-prepared and ready to engage effectively in the proceedings.
Illustrative Scenario
Consider an arbitration between two sophisticated commercial entities. The claimant submits a hastily prepared demand, riddled with vague assertions and missing critical evidence—an approach that leaves key aspects of the dispute undefined. In sharp contrast, the respondent files a meticulously crafted answer. Not only does it systematically deconstruct the claimant's allegations, but it also raises compelling procedural objections and introduces a counterclaim fortified with robust legal and factual support. By anchoring their strategy firmly in the arbitration agreement and procedural framework, the respondent not only gains the tribunal's trust but also shapes the narrative and trajectory of the case. This is a critical truth in arbitration: the groundwork laid at the outset reverberates throughout the proceedings, driving efficiency and influencing outcomes.
Addressing Preliminary Issues: Resolving Procedural Hurdles Early
The initial stages of arbitration often involve addressing preliminary issues that can significantly impact the trajectory of the case. One common issue is arbitrability, where the respondent may challenge whether the dispute falls within the scope of the arbitration agreement. These objections must be raised promptly, as many arbitration rules consider them waived if not addressed early. Other procedural hurdles may include disputes over the selection or appointment of arbitrators, the applicable procedural rules, or the venue of arbitration. Resolving these issues at the outset ensures that the arbitration progresses smoothly without unnecessary delays or disruptions.
Another critical preliminary issue is the request for interim or emergency relief. Either party may seek measures such as injunctions, preservation of assets, or security for costs to protect their position before the arbitration is fully underway. These requests are typically addressed by the arbitral tribunal once constituted, but some institutions, such as the AAA or the ICC, provide mechanisms for appointing an emergency arbitrator to decide urgent matters. Addressing these issues early demonstrates a proactive approach to safeguarding interests and ensures that procedural clarity is maintained as the arbitration moves forward.
Practical Tips for Parties: “The strongest arguments are built on clear facts and precise articulation.” Having said that Draft with the Tribunal in Mind by writing your demand or response as if addressing the future arbitrators. Clear, organized submissions make a strong first impression and help the tribunal quickly understand the key issues. Leverage the Arbitration Agreement by carefully analyzing for specifics on rules, governing law, and procedural requirements. Use these provisions strategically to frame your case. Anticipate Challenges by proactively identifying potential objections, such as arbitrability or procedural defects, and address them preemptively to avoid delays. Focus on Evidence from the Start by assembling key documents and witness information early, ensuring your demand or response is supported by facts rather than bare assertions. Maintain a Professional Tone even in contentious disputes, avoiding inflammatory language. Arbitration often involves ongoing relationships, and professionalism can aid in smoother resolution. Be Strategic with Counterclaims ensuring they align with the scope of the arbitration agreement and strategically bolster your negotiating position. Engage Early with Procedural Rules by familiarizing yourself with the institution’s procedural rules to anticipate deadlines and procedural nuances, such as bifurcation or expedited processes. Consider Interim Relief Options by evaluating whether requesting interim measures early, such as asset freezing or document preservation, could strengthen your position. The foundation of an effective arbitration process lies in meticulous preparation and strategic foresight from the outset. Each step, from drafting demands to addressing procedural challenges, significantly influences the outcome of the proceedings. By prioritizing clarity, precision, and adherence to procedural rules, parties can foster an efficient and equitable resolution.
————————
Harshitha Ram is an international disputes attorney, arbitrator, mediator, lecturer in law, and the president of the Global Arbitration Mediation Academy (GAMA). To learn more or connect with her, visit www.adracademy.us www.harshitharam.com.
By Harshitha Ram
“The first move may not determine the victory but it charts the course and lays the foundation for success.” This saying aptly describes the importance of the initial stages of arbitration.
The seeds of success are sown early, with precision and preparation determining the trajectory of the dispute. From filing the demand to crafting a strategic response, these steps establish the foundation of a just and efficient resolution process. A well-crafted demand serves as a roadmap, clearly outlining the issues, remedies sought, and framework for arbitration. It should be concise yet persuasive, including a clear statement of the dispute, references to the arbitration agreement, and detailed relief sought, such as damages or specific performance. Precision and preparation at this stage ensure a smooth transition from disagreement to dialogue, laying the groundwork for a fair and efficient resolution.
Practicality is key. Think of the demand as a document that will guide not just the respondent but also the arbitral tribunal. Be mindful of the rules outlined in the applicable arbitration agreement or institution, such as the AAA, particularly regarding submission methods, filing fees, and deadlines. A common oversight is neglecting to attach supporting documents or failing to properly serve the demand on all parties involved. These details may seem technical, but they ensure that the arbitration begins on solid procedural footing, preventing unnecessary disputes or delays.
Responding to the Demand for Arbitration: Crafting a Strategic Defense
Responding to a demand for arbitration is more than a procedural obligation—it’s a critical opportunity to shape the narrative of the dispute and lay the groundwork for your defense. A well-prepared response should carefully address the claims raised in the demand, admitting or denying allegations where appropriate, while also presenting any preliminary objections or defenses. For example, if the dispute is not arbitrable or if there are jurisdictional concerns, these issues must be raised at the outset to avoid waiving them. Additionally, if the respondent intends to file counterclaims, these should be detailed with the same level of specificity as a demand, including the basis for the claims and the relief sought.
Timeliness and thoroughness are essential. Most arbitration rules set strict deadlines for filing a response, often within 14 to 30 days of receiving the demand. Missing this deadline can lead to procedural disadvantages, such as ex parte orders. Beyond addressing the substance of the dispute, use this stage to highlight any procedural issues, propose preferences for arbitrator selection (if allowed), and indicate whether interim measures may be needed. A strategic response not only sets the stage for the arbitration process but also signals to the claimant and tribunal that the respondent is well-prepared and ready to engage effectively in the proceedings.
Illustrative Scenario
Consider an arbitration between two sophisticated commercial entities. The claimant submits a hastily prepared demand, riddled with vague assertions and missing critical evidence—an approach that leaves key aspects of the dispute undefined. In sharp contrast, the respondent files a meticulously crafted answer. Not only does it systematically deconstruct the claimant's allegations, but it also raises compelling procedural objections and introduces a counterclaim fortified with robust legal and factual support. By anchoring their strategy firmly in the arbitration agreement and procedural framework, the respondent not only gains the tribunal's trust but also shapes the narrative and trajectory of the case. This is a critical truth in arbitration: the groundwork laid at the outset reverberates throughout the proceedings, driving efficiency and influencing outcomes.
Addressing Preliminary Issues: Resolving Procedural Hurdles Early
The initial stages of arbitration often involve addressing preliminary issues that can significantly impact the trajectory of the case. One common issue is arbitrability, where the respondent may challenge whether the dispute falls within the scope of the arbitration agreement. These objections must be raised promptly, as many arbitration rules consider them waived if not addressed early. Other procedural hurdles may include disputes over the selection or appointment of arbitrators, the applicable procedural rules, or the venue of arbitration. Resolving these issues at the outset ensures that the arbitration progresses smoothly without unnecessary delays or disruptions.
Another critical preliminary issue is the request for interim or emergency relief. Either party may seek measures such as injunctions, preservation of assets, or security for costs to protect their position before the arbitration is fully underway. These requests are typically addressed by the arbitral tribunal once constituted, but some institutions, such as the AAA or the ICC, provide mechanisms for appointing an emergency arbitrator to decide urgent matters. Addressing these issues early demonstrates a proactive approach to safeguarding interests and ensures that procedural clarity is maintained as the arbitration moves forward.
Practical Tips for Parties: “The strongest arguments are built on clear facts and precise articulation.” Having said that Draft with the Tribunal in Mind by writing your demand or response as if addressing the future arbitrators. Clear, organized submissions make a strong first impression and help the tribunal quickly understand the key issues. Leverage the Arbitration Agreement by carefully analyzing for specifics on rules, governing law, and procedural requirements. Use these provisions strategically to frame your case. Anticipate Challenges by proactively identifying potential objections, such as arbitrability or procedural defects, and address them preemptively to avoid delays. Focus on Evidence from the Start by assembling key documents and witness information early, ensuring your demand or response is supported by facts rather than bare assertions. Maintain a Professional Tone even in contentious disputes, avoiding inflammatory language. Arbitration often involves ongoing relationships, and professionalism can aid in smoother resolution. Be Strategic with Counterclaims ensuring they align with the scope of the arbitration agreement and strategically bolster your negotiating position. Engage Early with Procedural Rules by familiarizing yourself with the institution’s procedural rules to anticipate deadlines and procedural nuances, such as bifurcation or expedited processes. Consider Interim Relief Options by evaluating whether requesting interim measures early, such as asset freezing or document preservation, could strengthen your position. The foundation of an effective arbitration process lies in meticulous preparation and strategic foresight from the outset. Each step, from drafting demands to addressing procedural challenges, significantly influences the outcome of the proceedings. By prioritizing clarity, precision, and adherence to procedural rules, parties can foster an efficient and equitable resolution.
————————
Harshitha Ram is an international disputes attorney, arbitrator, mediator, lecturer in law, and the president of the Global Arbitration Mediation Academy (GAMA). To learn more or connect with her, visit www.adracademy.us www.harshitharam.com.
COMMENTARY: Plenty of comic fodder in store thanks to return of ‘Walkerisms’
January 07 ,2025
Finally, we have a nominee for the incoming Trump administration that we should welcome back with open arms.
:
By Berl Falbaum
Finally, we have a nominee for the incoming Trump administration that we should welcome back with open arms.
You may remember him: Herschel Walker who, in 2022, ran for the U.S. Senate in Georgia, losing by only a little less than 3 percent.
What is so special about Walker as opposed to other nominees Donald Trump has recommended? Walker, Trump’s candidate, provided us with much-needed relief from dark, oppressive Trumpian politics.
Alas, when he lost, I shed a tear; no one gave us so much material for irreverent satire. He was our Falstaff, who in three of Shakespeare’s plays, gave us pause from heartfelt tragedies with his comic demeanor, carousing with drunks and prostitutes, and showing nothing but contempt for those around him. Following Walker’s loss, I said we were gonna miss the guy.
While I seriously doubt that Trump thought of Falstaff when he recently nominated Walker to be nothing less than ambassador to the Bahamas, I felt like writing a thank you note to the president-elect.
A confession first: I have no idea whatsoever why we need an ambassador in the Bahamas. What in the world will Walker do? I suspect he has no idea either.
I googled “foreign relations between the U.S. and the Bahamas” and learned that all was pretty hunky-dory. Everything is copasetic. According to several intelligence agencies we contacted, the Bahamas have no plans to invade the continental U.S. We were assured that the ships in its “navy,” when not involved in ultra-secret military operations, are rented to tourists for fishing and waterskiing. Great source of needed revenue. Moreover, the U.S. is happy to have the Bahamas serve as a getaway for snowbirds in the winters.
As I cogitated over this appointment, I remembered that in the Senate campaign while explaining his environmental policies, Walker told us he did not believe we need any more trees.
Specifically, he asked: “Don’t we have enough trees [already] around here?”
That, at least, gives us a partial answer for the appointment: there are no trees on the beaches in the Bahamas. Not a one. Just miles and miles of treeless white sand.
He also articulated unique insights on why we are suffering from air pollution. Walker explained that we have so much bad air because our good air “decided” — on its own — to move to China. To make room for good air, China sent us its bad air.
I discounted that at the time, but now I hope Trump gives him at least one assignment: Have the Bahamas send warm air — of course, clean warm air — to Michigan between November and the end of April. They will not have to send us all their warm air; just enough so we can reach, let’s say, 60 degrees. The Bahamians have more than enough warm air to stay
comfortable.
We will promise not to send our bad cold air their way. The two Michigan U.S. senators will sign a pact promising not to ship cold dirty air south and east.
(In our research for this column, we learned that Walker won his nomination after suggesting to Trump that he reduces proposed tariffs on China if it returns some of our healthy air.)
Overall, Walker insisted the U.S. is not ready for what is called a green agenda, stating:
“If we were ready for the green agenda, I’d raise my hand right now. But we’re not ready right now. So don’t let them fool you like this is a new agenda. This is not a new agenda. We’re not prepared. We’re not ready right now. What we need to do is keep having those gas-guzzling cars, ’cause we got the good emissions under those cars. We’re doing the best thing that we can.”
We will also promise not to send the “good emissions” from gas-guzzling cars.
Walker also challenged the theory of evolution and posed a question for which even Darwin would not have had a response. He asked:
“At one time, science said man came from apes. Did it not? If that is true, why are there still apes? Think about it.”
After thinking about it, I believe he may be right: Evolution appears complete in the Bahamas. There are no apes in the island country. There are some monkeys but they are not indigenous to the Bahamas.
It’s worth noting that 1.7 million Georgians voted for Walker’s environmental and evolution beliefs. They must have been impressed with his patriotism because, displaying his national pride, he referred to America “as the greatest country in the United States.”
Walkerites also were not disturbed by problems Walker has with his selected memory which includes the following:
—He remembered earning a college degree from the University of Georgia which he did not, but forgot about three children he sired. (It’s easy to confuse the two.) He also remembered being in the top 1 percent of the university class from which he did not graduate.
—He remembered that he was the valedictorian in his high school graduation class, but there is no record of that.
—He remembered doing “a lot of things in the military.” That’s the military in which he did not serve
—He remembered supervising six U. S. hospitals. These apparently did not have any doctors, nurses or patients because no one could find them. Perhaps Robert F. Kennedy Jr., the anti-vaccine advocate and whom Trump picked to head the Department of Health and Human Services, worked in one of them.
With little to do, perhaps the warm climate and rest will help Walker with his memory.
In any case, with Walker returning to national politics, we look forward to more Walkerisms. The problem: ambassadors to the Bahamas do not receive much coverage from the mainstream media.
Thus, we plan to contact Walker for interviews once a month at his ambassadorial residence which, we assume, will be a shed on the beach.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
Finally, we have a nominee for the incoming Trump administration that we should welcome back with open arms.
You may remember him: Herschel Walker who, in 2022, ran for the U.S. Senate in Georgia, losing by only a little less than 3 percent.
What is so special about Walker as opposed to other nominees Donald Trump has recommended? Walker, Trump’s candidate, provided us with much-needed relief from dark, oppressive Trumpian politics.
Alas, when he lost, I shed a tear; no one gave us so much material for irreverent satire. He was our Falstaff, who in three of Shakespeare’s plays, gave us pause from heartfelt tragedies with his comic demeanor, carousing with drunks and prostitutes, and showing nothing but contempt for those around him. Following Walker’s loss, I said we were gonna miss the guy.
While I seriously doubt that Trump thought of Falstaff when he recently nominated Walker to be nothing less than ambassador to the Bahamas, I felt like writing a thank you note to the president-elect.
A confession first: I have no idea whatsoever why we need an ambassador in the Bahamas. What in the world will Walker do? I suspect he has no idea either.
I googled “foreign relations between the U.S. and the Bahamas” and learned that all was pretty hunky-dory. Everything is copasetic. According to several intelligence agencies we contacted, the Bahamas have no plans to invade the continental U.S. We were assured that the ships in its “navy,” when not involved in ultra-secret military operations, are rented to tourists for fishing and waterskiing. Great source of needed revenue. Moreover, the U.S. is happy to have the Bahamas serve as a getaway for snowbirds in the winters.
As I cogitated over this appointment, I remembered that in the Senate campaign while explaining his environmental policies, Walker told us he did not believe we need any more trees.
Specifically, he asked: “Don’t we have enough trees [already] around here?”
That, at least, gives us a partial answer for the appointment: there are no trees on the beaches in the Bahamas. Not a one. Just miles and miles of treeless white sand.
He also articulated unique insights on why we are suffering from air pollution. Walker explained that we have so much bad air because our good air “decided” — on its own — to move to China. To make room for good air, China sent us its bad air.
I discounted that at the time, but now I hope Trump gives him at least one assignment: Have the Bahamas send warm air — of course, clean warm air — to Michigan between November and the end of April. They will not have to send us all their warm air; just enough so we can reach, let’s say, 60 degrees. The Bahamians have more than enough warm air to stay
comfortable.
We will promise not to send our bad cold air their way. The two Michigan U.S. senators will sign a pact promising not to ship cold dirty air south and east.
(In our research for this column, we learned that Walker won his nomination after suggesting to Trump that he reduces proposed tariffs on China if it returns some of our healthy air.)
Overall, Walker insisted the U.S. is not ready for what is called a green agenda, stating:
“If we were ready for the green agenda, I’d raise my hand right now. But we’re not ready right now. So don’t let them fool you like this is a new agenda. This is not a new agenda. We’re not prepared. We’re not ready right now. What we need to do is keep having those gas-guzzling cars, ’cause we got the good emissions under those cars. We’re doing the best thing that we can.”
We will also promise not to send the “good emissions” from gas-guzzling cars.
Walker also challenged the theory of evolution and posed a question for which even Darwin would not have had a response. He asked:
“At one time, science said man came from apes. Did it not? If that is true, why are there still apes? Think about it.”
After thinking about it, I believe he may be right: Evolution appears complete in the Bahamas. There are no apes in the island country. There are some monkeys but they are not indigenous to the Bahamas.
It’s worth noting that 1.7 million Georgians voted for Walker’s environmental and evolution beliefs. They must have been impressed with his patriotism because, displaying his national pride, he referred to America “as the greatest country in the United States.”
Walkerites also were not disturbed by problems Walker has with his selected memory which includes the following:
—He remembered earning a college degree from the University of Georgia which he did not, but forgot about three children he sired. (It’s easy to confuse the two.) He also remembered being in the top 1 percent of the university class from which he did not graduate.
—He remembered that he was the valedictorian in his high school graduation class, but there is no record of that.
—He remembered doing “a lot of things in the military.” That’s the military in which he did not serve
—He remembered supervising six U. S. hospitals. These apparently did not have any doctors, nurses or patients because no one could find them. Perhaps Robert F. Kennedy Jr., the anti-vaccine advocate and whom Trump picked to head the Department of Health and Human Services, worked in one of them.
With little to do, perhaps the warm climate and rest will help Walker with his memory.
In any case, with Walker returning to national politics, we look forward to more Walkerisms. The problem: ambassadors to the Bahamas do not receive much coverage from the mainstream media.
Thus, we plan to contact Walker for interviews once a month at his ambassadorial residence which, we assume, will be a shed on the beach.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
COMMENTARY: A year of accomplishments, a new year of challenges
January 07 ,2025
Our country is turning 249 years old in 2025, and the American Bar Association has been part of it for 147 years. Throughout that time, we have seen many changes as we strive to be a stronger nation and association.
By William R. Bay
Our country is turning 249 years old in 2025, and the American Bar Association has been part of it for 147 years. Throughout that time, we have seen many changes as we strive to be a stronger nation and association.
The ABA has a wonderful tradition and history, but we are grateful that we are an association and profession that has embraced change. Unlike when the ABA was founded, we now welcome all who wish to become part of the profession. One thing has not changed. The ABA is committed to the rule of law and the cause of justice. This remains our goal tomorrow and for 100 years from tomorrow.
As ABA president, I have emphasized the challenges we face as a profession and reiterated that the biggest challenge is the challenge of change. But change will not alter our core values and beliefs. Instead, it will allow us to extend our reach.
Going into 2025, the American Bar Association will continue its mission to support and improve the legal profession, our judicial system and advance the rule of law. We will continue our work to make lawyers better in all they do.
We will advocate for access to justice for all. We will fight to bring fairness and diversity, equity and inclusion to all areas of society. We will continue our work in so many areas that impact people in need. We will speak for those who are voiceless.
The American Bar Association will not shrink from the things we stand for. This is our time as a profession to lead. It is our time to show our communities why the legal profession exists and why it is so important.
We are grateful you have chosen to be part of the American Bar Association. This is your home and we hope that you will take advantage of its many member benefits.
And now a few numbers to give you a sense of what 2024 looked like, what 2025 promises and the impact.
• The ABA has offered more than 800 CLE accredited programs, including 330 accredited virtual events and 135 accredited in-person events.
• The ABA produced more than 4,500 articles, videos and podcasts to inform lawyers and the public about legal happenings.
• ABA members registered for more than 200 in-person and virtual events and attended hundreds more smaller meetings that did not require registration.
• More than $100 million in gifts and grants were received by our Fund for Justice and Education from donors who believe in the power of the law to create a more just world.
• Through the ABA Rule of Law Initiative, we work in nearly 60 countries to help judges and lawyers implement the rule of law.
• We have answered more than 400,000 legal questions from people in our communities through ABA Free Legal Answers.
• ProBAR, which celebrates its 35th anniversary this year, helped approximately 40,000 immigrants by providing high quality legal information, representation and connections to services. From January through September 2024, ProBAR provided “Know Your Rights” presentations to 20,063 mostly detained unaccompanied immigrant children and completed individual legal screenings of 18,216 unaccompanied children.
• The ABA Standing Committee on the Federal Judiciary provided the Senate Judiciary Committee, the administration and the public with 53 independent, nonpartisan peer evaluations of the professional qualifications of judicial nominees to the Article III and Article IV federal courts in 2024.
• ABA members and staff devoted thousands of hours to provide hope for families facing eviction, safety to survivors of domestic violence, help to military members and their families and victims of disasters, and opportunities to individuals who have been historically excluded or marginalized.
I am proud of our ABA home. I hope you are too. Spread the word!
————————
William R. Bay, a partner with the St. Louis office of national law firm Thompson Coburn LLP, is president of the American Bar Association, the world’s largest voluntary association of lawyers, judges, and other legal professionals. Bay received his B.A. from the University of Missouri and his law degree from the University of Michigan Law School.
(https://www.americanbar.org/news/abanews/aba-news-archives/2024/12/year-of-accomplishments-year-of-challenges/)
Our country is turning 249 years old in 2025, and the American Bar Association has been part of it for 147 years. Throughout that time, we have seen many changes as we strive to be a stronger nation and association.
The ABA has a wonderful tradition and history, but we are grateful that we are an association and profession that has embraced change. Unlike when the ABA was founded, we now welcome all who wish to become part of the profession. One thing has not changed. The ABA is committed to the rule of law and the cause of justice. This remains our goal tomorrow and for 100 years from tomorrow.
As ABA president, I have emphasized the challenges we face as a profession and reiterated that the biggest challenge is the challenge of change. But change will not alter our core values and beliefs. Instead, it will allow us to extend our reach.
Going into 2025, the American Bar Association will continue its mission to support and improve the legal profession, our judicial system and advance the rule of law. We will continue our work to make lawyers better in all they do.
We will advocate for access to justice for all. We will fight to bring fairness and diversity, equity and inclusion to all areas of society. We will continue our work in so many areas that impact people in need. We will speak for those who are voiceless.
The American Bar Association will not shrink from the things we stand for. This is our time as a profession to lead. It is our time to show our communities why the legal profession exists and why it is so important.
We are grateful you have chosen to be part of the American Bar Association. This is your home and we hope that you will take advantage of its many member benefits.
And now a few numbers to give you a sense of what 2024 looked like, what 2025 promises and the impact.
• The ABA has offered more than 800 CLE accredited programs, including 330 accredited virtual events and 135 accredited in-person events.
• The ABA produced more than 4,500 articles, videos and podcasts to inform lawyers and the public about legal happenings.
• ABA members registered for more than 200 in-person and virtual events and attended hundreds more smaller meetings that did not require registration.
• More than $100 million in gifts and grants were received by our Fund for Justice and Education from donors who believe in the power of the law to create a more just world.
• Through the ABA Rule of Law Initiative, we work in nearly 60 countries to help judges and lawyers implement the rule of law.
• We have answered more than 400,000 legal questions from people in our communities through ABA Free Legal Answers.
• ProBAR, which celebrates its 35th anniversary this year, helped approximately 40,000 immigrants by providing high quality legal information, representation and connections to services. From January through September 2024, ProBAR provided “Know Your Rights” presentations to 20,063 mostly detained unaccompanied immigrant children and completed individual legal screenings of 18,216 unaccompanied children.
• The ABA Standing Committee on the Federal Judiciary provided the Senate Judiciary Committee, the administration and the public with 53 independent, nonpartisan peer evaluations of the professional qualifications of judicial nominees to the Article III and Article IV federal courts in 2024.
• ABA members and staff devoted thousands of hours to provide hope for families facing eviction, safety to survivors of domestic violence, help to military members and their families and victims of disasters, and opportunities to individuals who have been historically excluded or marginalized.
I am proud of our ABA home. I hope you are too. Spread the word!
————————
William R. Bay, a partner with the St. Louis office of national law firm Thompson Coburn LLP, is president of the American Bar Association, the world’s largest voluntary association of lawyers, judges, and other legal professionals. Bay received his B.A. from the University of Missouri and his law degree from the University of Michigan Law School.
(https://www.americanbar.org/news/abanews/aba-news-archives/2024/12/year-of-accomplishments-year-of-challenges/)
COMMENTARY: NYT columnist does convenient U-turn on president-elect
January 03 ,2025
In his first press conference since being re-elected November 5,
President-elect Donald Trump observed: “The first time everyone was
fighting me. This time everyone wants to be my friend.”
:
By Berl Falbaum
In his first press conference since being re-elected November 5, President-elect Donald Trump observed: “The first time everyone was fighting me. This time everyone wants to be my friend.”
Indeed, he may have to expand the parking lot at Mar-a-Lago to make room for all the billionaires and media people visiting his estate to make “nice-nice” with him.
And it probably won’t be long before we see Bret Stephens, one of The New York Times opinion writers, paying his respects at the Florida mansion.
For nine years, Stephens was a “Never Trumper,” but he has experienced a conversion and joins dozens of Republicans who castigated Trump but now embrace him with open arms.
In explaining his turn-around, Stephens wrote an essay in which he tells us how he has come to see the light. Never have I read anything so ... (My editors told me to be kind and not characterize his explanations). So, instead, let’s just examine some of Stephens’ pearls.
—He begins by asking: “Could his (Trump’s) second term be as bad as his most fervent critics fear?” He answered “yes” it could, but then follows up with the following question: “Is it time to drop the heavy moralizing and incessant doomsaying that typified so much of the Never Trumper movement…” He answered “yes” to that as well leaving me, for one, totally confused. If the answer is “yes” to the first part, the second response must be, logically, “no.”
—“Trump is dishonest but authentic.” Stephens really wrote that. So, what’s to complain? Al Capone was an authentically dishonest organized crime boss. I wonder if Trump likes being labeled authentically dishonest vs. inauthentically dishonest. Does it really make a difference? If you are inauthentically dishonest, you are still dishonest. However, inauthentically, of course, may be worse. (I know I am beating a dead horse, but it gives me so much authentic fun.)
—The (Trump) movement is “patriotic” and angry. Yes, he wrote that as well. It is patriotic to attack the Capitol, threaten to hang the vice president, execute the chairman of the Joint Chiefs of Staff, describe the fallen in wars “suckers and losers,” create fake electors to overturn the 2024 election, and so much more.
—Stephens finds it hypocritical to investigate Trump’s business dealings while ignoring the “curiously high prices for [Hunter] Biden’s paintings.” Stephens sees no distinction in that comparison. He gets paid — very well we can assume — for that kind of analysis. Okay, we’ll help Stephens understand the difference: No one has to buy Biden’s paintings. On the other hand, real estate fraud — some $465 million worth, according to a judge in one case — is, shall we say, illegal, immoral, and unethical.
—Stephens argues that collusion allegations involving Russia were a smear, but he omits the findings of Russian interference in the 2016 election, interference found not just by the Mueller Report but by a Senate committee controlled by Republicans. Moreover, collusion is very difficult to prove in any crime.
—Stephens writes that he voted for Kamala Harris because of January 6 and Trump’s lies about the 2020 election, but now apparently no longer considers these matters important because, “it’s that ordinary people, not elites (he apparently considers himself one of them) get to decide how important an event like January 6 is to them.”
—Stephens also now believes that “some of our institutions, whether it’s higher education or the F.B.I. are already broken and may need to be reconceived or replaced.” But he does not offer one word on the disfunction of these institutions.
—Stephens does not mention the two impeachments, the 88 charges Trump faced in four criminal cases (he was found guilty of 34 felonies), the former president’s embrace of white supremacists, the 30,573 provable lies Trump told while president, his continued incitement of violence against perceived political enemies, or all the sins, over nine years, that made Stephens a Never Trumper.
—He urges us to give some of Trump’s cabinet picks the “benefit of the doubt.” Who has any doubts about Pam Bondi, an election denier who defended Trump in an impeachment trial, becoming attorney general, or Kash Patel, another election denier and Trump loyalist, F.B.I. director, or Robert F. Kennedy Jr., an anti-vaccine advocate who was disowned by the entire Kennedy family, heading the Department of Health and Human Services. I don’t have any doubts about them at all.
Perhaps Stephens could have shared a taxi with Joe Scarborough and his wife, Mika Brzezinski, both hosts of “Morning Joe,” who after years of criticizing Trump, visited Mar-a-Lago to patch things up with the incoming president.
All this comes from the writer who at the end of 2017, Trump’s first year as president, said the following about Trump:
“[You want] want to preserve your own republican institutions? Then pay attention to the character of your leaders, the culture of governance and the political health of the public. It matters a lot more than lowering the top marginal income tax rate by a couple of percentage points.
“This is the fatal mistake of conservatives who’ve decided the best way to deal with Trump’s personality — the lying, narcissism, bullying, bigotry, crassness, name calling, ignorance, paranoia, incompetence and pettiness — is to pretend it doesn’t matter. ‘Character Doesn’t Count’ has become a de facto G.O.P. motto. ‘Virtue Doesn’t Matter’ might be another.
“But character does count, and virtue does matter, and Trump’s shortcomings prove it daily.”
And here is what he wrote October 29, just six days before the November election and only some 50 days before his political U-turn last week:
“Trump is worse [than Kamala Harris] in ways that matter profoundly to the rule of law, the health of capitalism and the future of freedom at home and abroad. Conservatives who claim to care about these things should also care about what Trump may do to each of them — and, crucially, do so in the name of conservatism.”
In the conclusion of his recent “conversion” piece, Stephens also asks us to drop “lurid historical comparisons to past dictators,” turning on its head the warning of American philosopher George Santayana who advised us that “those who can’t remember the past are condemned to repeat it.”
We can be pretty confident no one will ever quote Stephens on the importance of history.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
In his first press conference since being re-elected November 5, President-elect Donald Trump observed: “The first time everyone was fighting me. This time everyone wants to be my friend.”
Indeed, he may have to expand the parking lot at Mar-a-Lago to make room for all the billionaires and media people visiting his estate to make “nice-nice” with him.
And it probably won’t be long before we see Bret Stephens, one of The New York Times opinion writers, paying his respects at the Florida mansion.
For nine years, Stephens was a “Never Trumper,” but he has experienced a conversion and joins dozens of Republicans who castigated Trump but now embrace him with open arms.
In explaining his turn-around, Stephens wrote an essay in which he tells us how he has come to see the light. Never have I read anything so ... (My editors told me to be kind and not characterize his explanations). So, instead, let’s just examine some of Stephens’ pearls.
—He begins by asking: “Could his (Trump’s) second term be as bad as his most fervent critics fear?” He answered “yes” it could, but then follows up with the following question: “Is it time to drop the heavy moralizing and incessant doomsaying that typified so much of the Never Trumper movement…” He answered “yes” to that as well leaving me, for one, totally confused. If the answer is “yes” to the first part, the second response must be, logically, “no.”
—“Trump is dishonest but authentic.” Stephens really wrote that. So, what’s to complain? Al Capone was an authentically dishonest organized crime boss. I wonder if Trump likes being labeled authentically dishonest vs. inauthentically dishonest. Does it really make a difference? If you are inauthentically dishonest, you are still dishonest. However, inauthentically, of course, may be worse. (I know I am beating a dead horse, but it gives me so much authentic fun.)
—The (Trump) movement is “patriotic” and angry. Yes, he wrote that as well. It is patriotic to attack the Capitol, threaten to hang the vice president, execute the chairman of the Joint Chiefs of Staff, describe the fallen in wars “suckers and losers,” create fake electors to overturn the 2024 election, and so much more.
—Stephens finds it hypocritical to investigate Trump’s business dealings while ignoring the “curiously high prices for [Hunter] Biden’s paintings.” Stephens sees no distinction in that comparison. He gets paid — very well we can assume — for that kind of analysis. Okay, we’ll help Stephens understand the difference: No one has to buy Biden’s paintings. On the other hand, real estate fraud — some $465 million worth, according to a judge in one case — is, shall we say, illegal, immoral, and unethical.
—Stephens argues that collusion allegations involving Russia were a smear, but he omits the findings of Russian interference in the 2016 election, interference found not just by the Mueller Report but by a Senate committee controlled by Republicans. Moreover, collusion is very difficult to prove in any crime.
—Stephens writes that he voted for Kamala Harris because of January 6 and Trump’s lies about the 2020 election, but now apparently no longer considers these matters important because, “it’s that ordinary people, not elites (he apparently considers himself one of them) get to decide how important an event like January 6 is to them.”
—Stephens also now believes that “some of our institutions, whether it’s higher education or the F.B.I. are already broken and may need to be reconceived or replaced.” But he does not offer one word on the disfunction of these institutions.
—Stephens does not mention the two impeachments, the 88 charges Trump faced in four criminal cases (he was found guilty of 34 felonies), the former president’s embrace of white supremacists, the 30,573 provable lies Trump told while president, his continued incitement of violence against perceived political enemies, or all the sins, over nine years, that made Stephens a Never Trumper.
—He urges us to give some of Trump’s cabinet picks the “benefit of the doubt.” Who has any doubts about Pam Bondi, an election denier who defended Trump in an impeachment trial, becoming attorney general, or Kash Patel, another election denier and Trump loyalist, F.B.I. director, or Robert F. Kennedy Jr., an anti-vaccine advocate who was disowned by the entire Kennedy family, heading the Department of Health and Human Services. I don’t have any doubts about them at all.
Perhaps Stephens could have shared a taxi with Joe Scarborough and his wife, Mika Brzezinski, both hosts of “Morning Joe,” who after years of criticizing Trump, visited Mar-a-Lago to patch things up with the incoming president.
All this comes from the writer who at the end of 2017, Trump’s first year as president, said the following about Trump:
“[You want] want to preserve your own republican institutions? Then pay attention to the character of your leaders, the culture of governance and the political health of the public. It matters a lot more than lowering the top marginal income tax rate by a couple of percentage points.
“This is the fatal mistake of conservatives who’ve decided the best way to deal with Trump’s personality — the lying, narcissism, bullying, bigotry, crassness, name calling, ignorance, paranoia, incompetence and pettiness — is to pretend it doesn’t matter. ‘Character Doesn’t Count’ has become a de facto G.O.P. motto. ‘Virtue Doesn’t Matter’ might be another.
“But character does count, and virtue does matter, and Trump’s shortcomings prove it daily.”
And here is what he wrote October 29, just six days before the November election and only some 50 days before his political U-turn last week:
“Trump is worse [than Kamala Harris] in ways that matter profoundly to the rule of law, the health of capitalism and the future of freedom at home and abroad. Conservatives who claim to care about these things should also care about what Trump may do to each of them — and, crucially, do so in the name of conservatism.”
In the conclusion of his recent “conversion” piece, Stephens also asks us to drop “lurid historical comparisons to past dictators,” turning on its head the warning of American philosopher George Santayana who advised us that “those who can’t remember the past are condemned to repeat it.”
We can be pretty confident no one will ever quote Stephens on the importance of history.
————————
Berl Falbaum is a veteran journalist and author of 12 books.
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