Collegiate athletes need lawyers

There’s a lot going on this week in the courts and on the courts. This edition of Raise the Bar has a round-up of the legal news you need to know so you can free up as much time as possible to watch your bracket get busted. 

Speaking of college athletics, we are taking a look at how attorneys can help those athletes profit from their NIL rights. Also on deck, why small gestures drive big business, and the rise of AI reporters covering the Arizona Supreme Court. Plus, the EEOC’s crackdown on BigLaw DEI initiatives and why it matters, and a Sunshine Week Q&A with an attorney on open records requests.

He’s still not a cat. But this once-viral Texas lawyer now knows how to work Zoom filters. 

Calling all estate planning attorneys! Creighton University law professor Victoria J. Haneman, known on Instagram as @taxlawprof, says people can donate their pacemaker to a dog when they die.

Caution: hot. It’s tea this time around, but with echoes of the famous McDonald’s coffee case. 

Just be happy it’s not you. And try not to laugh out loud when you remember this spot-on meme from @funnyalawyers on Instagram. 

It’s Florida, Man. Thanks to the Sunshine State’s liberal Sunshine Law, HBO Max has produced a very bingeable TV series.

Let the sunshine in

Those of us in the Northern Hemisphere are happily soaking up the extra minutes of daylight we gain as we head into springtime, but a few people are taking things further by celebrating Sunshine Week. The pseudo-holiday is a nonpartisan collaboration among groups in the journalism, civic, education, government and private sectors that highlights the importance of public records and open government. Raise the Bar chatted with Tom Kamenick, the president & founder of the Wisconsin Transparency Project, to shed some light on this area of the law. - Emily Kelchen

Your firm is exclusively dedicated to enforcing open records and open meetings laws, which is a very niche practice area. What sparked your interest in this area of the law?
I believe that for a democracy to work, the government must be accountable to the people. And accountability requires transparency. Our state and federal laws are drafted to ensure the public has access to government records in theory, but violations of both records and meetings laws are woefully underenforced. I started WTP to try and fill that gap. 

What advice do you have for lawyers who don’t specialize in sunshine law but encounter open records issues?
The burden is on the government to justify secrecy. You don’t have to explain why you are entitled to a record, it’s their job to come up with a legally justifiable exemption. So if you don’t know whether a particular record can be released, just ask and make them defend a denial.

What are the most common types of cases you handle under sunshine laws?
I do far more open records cases than meetings cases. Record cases seek a tangible benefit—pieces of paper or electronic files in your hands. Meetings cases are almost purely about the principle of the issue so it’s harder to find people willing to take a stand, especially when we’re talking about local government. People know that petty officials can make their lives miserable if they want to, so they’re often afraid to speak out.

What are some of the biggest misconceptions about open records and open meetings laws?
A lot of people think closed sessions are mandatory and officials can’t talk about what happened in them. That’s just not true. A closed session is always optional, and the information discussed in closed session is not privileged and is not inherently confidential.

Have you encountered government agencies using creative methods to avoid transparency?
Electronic records being both easily storable and searchable has made it much easier for the government to respond to record requests. But I constantly run into places trying to charge 10, 15, or even 25 cents a page for paper copies just because that’s what they’ve always charged. This is despite Wisconsin Attorney General guidance from 7 years ago that custodians have to use their actual paper & copier supply prices to calculate a copy fee (which should be in the 2-4 cent range).

EEOC targets law firm hiring practices

The U.S. Equal Employment Opportunity Commission (EEOC), led by acting Chair Andrea Lucas, has launched an investigation into diversity, equity and inclusion (DEI) policies at 20 major law firms, questioning their legality under anti-discrimination laws. The agency is requesting extensive hiring and demographic data from the firms, raising concerns about potential overreach and attorney-client privilege.

Why this matters: The move follows executive orders from President Donald Trump targeting firms with ties to his political opponents, providing further evidence of the administration’s suspicion of the legal industry. From a broader perspective, the scrutiny of legal DEI programs signals a shift in how workplace policies impacting all industries may be enforced. (Bloomberg Law)

AZ Supreme Court “hires” AI reporters

Meet Victoria and Daniel, two AI-generated reporters the Arizona Supreme Court is using to connect with the public. Since October, each opinion released by the court has been accompanied by a press release explaining it. Now, a video featuring Victoria or Daniel will also be produced. “In today’s fast-paced digital world, people turn to short videos for news and updates,” Chief Justice Ann Scott Timmer said in a press release. “I’m thrilled that our court is embracing AI technology to meet the public where they are.”

Why this matters: Is it cool? Is it dystopian? Is it both? This makes court decisions more accessible, but is it also a step toward replacing human reporters with machines? Everyone seems to have a very strong opinion about this. (ABC News)

Just in time for March Madness

College athletes are capitalizing on their Name, Image and Likeness (NIL) rights, with some earning millions, yet the legal landscape remains unsettled. In this recording of a panel discussion from South by Southwest (SXSW), lawyers, sports industry experts and a current player talk about how NIL deals are reshaping college athletics and creating new opportunities for contract lawyers. Lawyers negotiating these deals must navigate complex contract provisions, from equity stakes to morality clauses. 

Why this matters: NIL is transforming college sports, creating massive financial opportunities for athletes and a new frontier for contract law. As deals grow more complex—covering everything from equity stakes to morality clauses—attorneys are key players in shaping the future of this fast-moving industry. (SXSW) 

Clash between branches raises Constitutional questions 

Chief Justice Roberts speaks out against Trump's call to impeach judge 

What happens to a couple's frozen embryos when they divorce?

Law school applications are way up, but it's not a good sign

Landmark decision from D.C. Circuit denies copyright to AI-generated work

It’s the thought that counts

No matter what we learned from watching John Hughes movies, relationships are not built on grand gestures. This article from Attorney-turned-marketing coach Jay Harrington makes the case that it is small, thoughtful gestures—like calling someone on a Friday afternoon just to say hello—that help build trust and rapport, increasing the likelihood someone will think of you when they need legal help. The article breaks down the psychology of why this works, and has a step-by-step guide for giving it a go. 

Why this matters: Clients hire lawyers they trust, and trust is built through consistent, meaningful interactions—not just big gestures. Small, thoughtful outreach fosters stronger relationships and keeps you top of mind when legal needs arise. What do you find works best? Email us to share. (Attorney At Work) 

Thank you for reading Raise The Bar.

Every Thursday, you'll hear from our team about the most pressing issues facing legal practices today. We'll also try to include some quick-hit reads that touch on interesting cases and precedents being set worldwide. 

Have anything you'd like us to cover? Send an email to raisethebar@mynewsletter.co

Raise the Bar is curated and written by Emily Kelchen and edited by Bianca Prieto.