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(((tedfrank))) Profile picture
@tedfrank
Feb 1, 2022 • 9 tweets • 3 min read • Read on X
The suit seems meritless on its face. Flores has a plausible case that the Dolphins owner is an unfair jerk and that the Giants violated the Rooney Rule: but there’s no federal cause of action for either.

The class allegations have fatal typicality and commonality problems.
Now, there’s dirty laundry here, and some owners might get disciplined by the NFL over it. Previous violations of the Rooney Rule resulted in a six digit fine; I’d expect a seven-digit fine here if the Giants conducted a sham interview.
And the NFL might settle out of embarrassment, like they did the concussion litigation.
The salacious allegations that Ross asked him to tank—even assuming it is true, and not just two sarcastic jokes—get Flores nowhere. He wasn’t fired for it, he was fired for losing 7 games in a row (including to Jacksonville) and missing the playoffs two years later.
And Flores doesn’t even have a legitimate Rooney Rule complaint. Bad investigation by @WigdorLaw. Wonder if the Giants serve a Rule 11(c) letter.
Contemporaneous reporting.
I retract this tweet. Wikipedia’s statement of the Rooney Rule is incorrect; the NFL modified it in Oct 2021 to require two interviews of external minority candidates. cbssports.com/nfl/news/roone…

My apologies.

That said, violating the Rooney Rule is not a question of federal law.
Missed this incompetence from the complaint, lol.

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More from @tedfrank

(((tedfrank))) Profile picture
Apr 18
Google Location History settlement approved today.

Attorneys get $19M.
Class gets zero.
Variety of largely left-leaning nonprofits (and no right-leaning nonprofits) get $42M:
* ACLU gets $7M to promote abortion
* Rose Foundation gets a $6M slush fund to give grants prioritizing “BIPOC communities”
* millions to lawyers’ alma maters (who already had billions of dollars of endowments)
.@HamLincLaw objected on behalf of three class members. We will appeal.

We had a settlement before this judge involving Google and cy pres that we successfully took to the Supreme Court. Class ended up with $23M instead of zero. Guess we’re going back to SCOTUS if Ninth Circuit doesn’t fix its idiosyncratic precedent approving of this abuse.

hlli.org/in-re-google-l…Image
@HamLincLaw Exactly. And gets let off the hook in a suit alleging tons of damages.
Read 7 tweets
(((tedfrank))) Profile picture
Feb 10
Remember when people were arguing Christine Blasey Ford had “no motive to lie” and Leah Lorber and Bloomberg Law and a right-wing thinktank that should know better tried to cancel me because I pointed out that even a false accusation against Kavanaugh would be good for her mediocre academic career, just as it was for Anita Hill, who has a named professorship sinecure at Brandeis and a pile of honorary degrees despite having no publications or academic record of note?

Aside from the nonpecuniary benefits of an ESPN award and MSM fame, Blasey Ford now charges ~$50,000 for a speech, and will have a memoir coming out in 2024 that will surely get a million dollars of unpaid media if she wants it.Image
What possible motive could someone have to try to derail a Supreme Court nomination of a political adversary, possibly swing the Senate in an election year, and become a celebrated hero to millions of political allies?
Anyway, this book by @MZHemingway and @JCNSeverino is what you should read about the travesty, even if they didn’t get the celebration that the Ford book will get. amazon.com/dp/1621579832?…
Image
Read 4 tweets
(((tedfrank))) Profile picture
Jan 18
🧵

BigLaw firm hires affirmative action candidate from No. 51 law school (so LSAT almost certainly below 153, while every NAM hire at the firm is almost certainly above 160 with most above 165). Within a few years, a partner criticizes subpar work and she requires the firm to do an internal investigation into racial discrimination that clears the charged partner. They fire her after four years. She sues, and the lawsuit puts the firm in the headlines.

What does the firm accomplish by this DEI effort? They get an attorney who can’t do the work, and then imposes transaction costs beyond the $1 million they paid her over four years.

She was used to recruit other DEI hires (her complaint alleges she was at a large event to recruit Howard Law students two weeks before her firing), but “we need to hire affirmative action candidates so we can recruit affirmative action candidates” is a circular response. And now the firm has the reputational cost of Reuters and ABA Journal and Bloomberg Law repeating the complaint allegations (Believe All Women!), so they don’t even get the DEI virtue signaling benefit.

How on earth isn’t this self-defeating? It’s a huge tax on the lawyers and their clients: by avoiding these kinds of unqualified hires and the additional transactions costs incurred when the firm has to unwind from the hire, the firm could *both* make more profit and charge lower fees.

Clients can’t say “Don’t put affirmative action hires on my cases” without a scandal, of course, but, amazingly, several companies demand more affirmative action hires be put on their cases, though that’s equally illegal. There’s a real Moneyball benefit to simply refusing to play the DEI game.

In short, productive sectors of the economy are already paying reparations. Except the reparations aren’t even going to descendants of slaves: the plaintiff is a Black Muslim of Gambian descent. And the lawyers paid to defend this suit won’t be descendants of slaves, either.
Imagine reprinting this email in your complaint as evidence of racial discrimination. Image
The $1M salary + internal investigation + civil litigation defense expense doesn’t include bonuses or the proportional cost of a “Career Coaching and Planning Manager” who gives unrealistic feedback.

I worked at three law firms and never had a “Career Coaching and Planning Manager.” Of course, that’s probably why I’m such a failure in life.Image
Read 10 tweets
(((tedfrank))) Profile picture
Sep 11, 2023
The damage from having the North Tower fall on WTC 7 combined with seven hours of uncontrolled unsuppressed fires on six lower floors caused thermal expansion of steel beams and floor framing; a steel girder connected to an internal critical column detached and the building then suffered a progressive chain of structural failures taking the whole building down.



Pretty confident that if you duplicate those unique circumstances without any attempt to put out the fire, other tall buildings will fall too.

If it wasn’t a fire, the “smallest blast capable of failing the building's critical column would have resulted in a sound level of 130 decibels (dB) to 140 dB at a distance of at least half a mile.” But none was heard.nist.gov/pao/questions-…
Twitter killed the link to the NIST report for some reason. nist.gov/world-trade-ce…
Wait, I can get paid for stating basic truths? 📞 me, Joe.
Read 6 tweets
(((tedfrank))) Profile picture
Aug 2, 2023
Unpopular opinion: the new indictment really weakens the appearance of impartiality of the legitimate Florida indictments.

By its standard, the Bush administration could’ve prosecuted the Gore campaign team and RFK Jr. and Trump could’ve prosecuted Larry Lessig.
Abandoning a conspiracy after you’ve taken an overt act to “defraud the United States” only after the U.S. Supreme Court defused the dangerousness of the conspiracy is still a criminal act. (That the Fla. Supreme Court also acted on your behalf just makes them “criminals” too.)
Again: this is DOJ’s dumb legal theory, not mine, that seeking to apply incorrect legal theories in the political process to change the results of an election is a criminal conspiracy. If that’s true, then every “defense” people are giving Gore and Klain is legally irrelevant.
Read 13 tweets
(((tedfrank))) Profile picture
Mar 7, 2023
Except tough on crime policies absolutely reduce the number of crimes.

1. Career criminals don’t victimize the innocent in prison.

2. And long-term, children of felons do better in life when the felons are locked up.

Stop #underincarceration.
You know what doesn’t work in reducing crime? “Rehabilitation” and “addressing the root causes.”
Putting repeat violent criminals in prison until they're old isn't unconstitutional.
Read 7 tweets

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