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WHAT WE'RE WATCHING

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FAILING UPWARD - The second installment of The Big Fail—Law.com's four-part series examining falling bar pass rates and their impact on the legal industry—looks at how law schools are trying to get their pass rates back up. Karen Sloan reports that schools are revamping their first-year coursework to emphasize topics tested on the bar; identifying struggling students early on to get them additional support; and even making bar preparation courses mandatory during the third year. Will those initiatives be enough to stanch the bar exam bleeding?

HIDING HARVEY? - A Manhattan judge is set today to consider whether to close off public access to an upcoming hearing in Harvey Weinstein's sexual assault case. The disgraced movie mogul's defense counsel, Harvard Law professor Ronald Sullivan, has asked that the public be excluded from a Friday hearing to determine whether prosecutors may introduce evidence of prior bad acts by the defendant. Sullivan has argued that a public airing would make it difficult for Weinstein to get a fair trial, and prosecutors agree. But media organizations want into the courtroom.

DON'T GO - Law firm marketers aren't known for their longevity. They typically last about three years before moving on, but law firms can find ways to slow the revolving door and keep their marketers around longer, David Gialanellareports. On the front end, law firms can be clear about what a marketer's responsibilities are. Strong communication between law firm leadership and marketers, as well as properly funding marketing efforts, can also sway those employees to stick around.

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EDITOR'S PICKS

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US Supreme Court Tells Lawyers: Write Tighter  

Cannabis Retailer MedMen Loses General Counsel

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DATA SNAP

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STEEP SLIDE - So just how steeply have bar exam pass rates been falling? As part of The Big Fail series, Law.com gathered exam passage rates for five states that are home to major legal markets. Spoiler alert: things don't look so rosy in California. READ MORE

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WHILE YOU WERE SLEEPING

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EU WHISTLEBLOWERS - The European Union is poised to adopt uniform standards for protecting whistleblowers in its 28 member countries, and any company that does business there needs to start preparing, Phillip Bantzreports. The new rules, which take effect in two years, allow whistleblowers to remain anonymous and prohibits employers from retaliating against them.

WHAT YOU SAID

“'I would [have] sliced his throat open if it didn't happen at work. And had no remorse.'”

— SHANNON CUMMINS, A FORMER EMPLOYEE AT FORCE INDUSTRIES INC. WHO WAS FIRED AFTER THREATENING A FELLOW WORKER ON FACEBOOK. A PENNSYLVANIA COURT RULED THAT CUMMINS WAS NOT ELIGIBLE FOR UNEMPLOYMENT BENEFITS.

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