I recently participated in a Room for Debate forum for the New York Times on the controversial subject of unpaid internships. Critics of these positions argue that such exploitative arrangements contribute to “constricted social and professional mobility, growing inequality, and an economy whose top tier is becoming less and less diverse” (in the words of Ross Perlin, author of Intern Nation: How to Earn Nothing and Learn Little in the Brave New Economy).
In my contribution, I offer a measured defense of unpaid internships — of the non-abusive variety, in which the intern receives a valuable learning experience (and doesn’t just do scut work) — and also a defense of the status quo (under which most unpaid internships are technically illegal, but enforcement isn’t super-vigorous). You can read my NYT piece here (or on page 9 of yesterday’s Sunday Review section, if you’re a print person). You can also read a piece by Camille Olson, a labor and employment partner at Seyfarth Shaw, over here (focusing on the legal aspects of unpaid internships, and offering general guidelines to companies considering them).
Speaking of interns, Above the Law is looking for one — a paid intern, for the record. Details appear below, along with general information about our hiring needs, and our policy on guest posts or outside contributions….
Continue reading “On the Legality of Unpaid Internships
(And: ATL seeks a paid intern.)“

Sorry folks, no relation.
Hi everybody! I’m Chris Danzig. You might have seen me around Above The Law over the past year, covering technology and West Coast legal news. As of today, I’m excited to be the site’s newest full-time editor, joining David Lat, Elie Mystal, and Staci Zaretsky.
I’m a journalist by trade, not a lawyer. I’ve spent too much time writing about the law — and the stressful situations that can arise within the legal profession, which sometimes drive lawyers to drink — to ever want to practice.
I went to journalism school at Northwestern University. I helped investigate a wrongful conviction case with the Medill Innocence Project while I was in school. After graduation, I was the assistant editor at InsideCounsel magazine in Chicago, where I covered legal technology.
I left that job about two years ago, and have worked as a full-time freelance reporter since then. I’ve written for a variety of publications, covering health care, music, social justice, and a bunch of other stuff. I live in the San Francisco Bay Area, where I was born and raised.
Keep reading for more personal trivia about yours truly (and to see the photo of myself that Lat asked me to provide)….
Continue reading “Mother, Tell Your Children Not To Read My Stories: Meet Team ATL’s Newest Member”

Dr. Martin Luther King Jr.
Yesterday, January 15, was the birthday of Dr. Martin Luther King Jr., the great American civil rights leader and Nobel laureate. As noted on the Nobel website, Dr. King was just 35 years old at the time he was honored, making him the youngest man to have received the Nobel Peace Prize. Please take some time today to reflect on Dr. King and his legacy.
Hopefully you can engage in this reflection outside of the office. We’re guessing (and hoping) that most of you have the day off from work. Here at Above the Law, we will be publishing, although on a reduced schedule. So do check in with us from time to time (or scroll back through the archives and look at stories you might have missed from last week).
If you’re looking for something to do, you can use today for public service. Look up service projects in your area at MLKDay.gov. Happy Martin Luther King Jr. Day!
Above the Law’s 2011 Lawyer of the Year contest is now over. Thanks to everyone who nominated a lawyer; thanks to our finalists, for being such accomplished and interesting individuals; and thanks to all the voters, who picked our victor.
Here are ATL’s past Lawyers of the Year:
For 2011, who will join their distinguished ranks? Let’s find out….
Continue reading “ATL’s 2011 Lawyer of the Year: The Winner!”
It’s hard to believe that another year has passed, but here we are. It’s December 31st, New Year’s Eve. The weather is turning cold, the Republican presidential contest is heating up, and it’s time to review this year’s biggest stories on Above the Law.
Consistent with past practice, we will refrain from offering our subjective judgments on the most important stories of the year. Instead, just as we did back in 2010 and 2009, we’ll identify the ten biggest stories of the past year as decided by you, our readers. With the help of our friends at Google Analytics, we’ve compiled a list of our top ten posts for 2011, based on traffic.
In terms of overall topics, the most popular category page for the year was Law Schools, for the second year in a row. This shouldn’t come as a surprise, since the year was an eventful one for the legal academy. It would be fair to describe 2011 as an annus horribilis for the law school world, with various forces laying siege to the ivory tower. The attackers include not just unemployed lawyers turned scambloggers, but the mainstream media, led by David Segal of the New York Times; plaintiffs’ lawyers, who have already sued several law schools (and have announced plans to sue at least 15 more in 2012); and even a tenured law professor calling for reform (Paul Campos, currently in the lead for 2011 Lawyer of the Year).
The second most-popular category at ATL: Biglaw. Although we’ve expanded our small-firm and in-house coverage dramatically here at Above the Law, adding multiple columnists in each space, our coverage of large law firms still draws major traffic and drives discussions.
Now, on to the ten most popular individual posts on Above the Law in 2011….
Continue reading “Above The Law’s Top Ten Most Popular Stories of 2011″
The year is quickly drawing to a close, but we have unfinished business to conduct here at Above the Law. We still have to crown our Lawyer of the Year for 2011.
Thank you to everyone who responded to our call for nominations. We’ve narrowed down the nominees to a field of twelve (although you’ll see only eleven options in the poll because one is a joint nomination). As in past years, the contenders run the gamut from distinguished to despicable.
And the nominees are….
Continue reading “ATL’s 2011 Lawyer of the Year: The Finalists!”
With just two weeks left in the year 2011, we thought that now would be a good time to ask you, our loyal readers, to submit your nominations for Above the Law’s fifth annual LAWYER OF THE YEAR competition.
We’ll be running the show just like we’ve done it in the past: you submit your nominees (in the comments to this post), we’ll review them and pick a slate of finalists, and then you’ll vote on them in a reader poll.
The winner will be bestowed with the glorious, honorific title of ATL’s Lawyer of the Year for 2011.
So, what are the criteria for nominations? We’ll break it down for you….
Continue reading “ATL’s 2011 Lawyer of the Year: Nominations Needed”

Sometimes silence is golden.
The executive editor of the New York Times, Jill Abramson — who once worked as a legal journalist, for Steve Brill at the American Lawyer — recently issued A Note to Our Readers About Comments, in which she explained various changes to the Times’s commenting system. We thought we’d follow in the Gray Lady’s footsteps and announce a tweak of our own to the Above the Law comments.
Comments and online anonymity are hot topics right now, both here and abroad (e.g., India). Writer Katie Roiphe just mused about the angry anonymous commenter. Privacy lawyer Christopher Wolf recently argued, in the New York Times, that websites should “consider requiring either the use of real names (or registration with the online service) in circumstances, such as the comments section for news articles, where the benefits of anonymous posting are outweighed by the need for greater online civility.” Many Times readers disagreed, defending the value and importance of anonymous speech online.
In light of these conflicting concerns — civility, privacy, free expression — let’s turn our attention to the ATL comments….
Continue reading “A Note to Our Readers About Comments”
Just in case the giant ad bar at the top of the site wasn’t a good enough reminder about the Above the Law holiday party, I’m here to give you all of the details again. This shindig is being sponsored by our friends at Practical Law Company, and our fabulous event is going to be held tomorrow, November 30, at Bar 29. Bar 29 is located at 29th and 3rd, and the open bar will run from 6:00 – 9:00 p.m.
Please RSVP below. I mean really, why wouldn’t you want to come? You’ll get to meet all of the ATL editors, including Lat (who I need to consult with about my shoes), Elie (who may or may not be wearing pants), and me (I’m still picking out my outfit). And trust me, we all know how to party.
Please let us know if you’ll be there. We’re going to have a great time, and we know you will, too!
Happy Thanksgiving, from your friends at Above the Law. As always, we give thanks to our readers, our tipsters, our advertisers, and even our commenters.
We also give thanks to Judge Richard Posner. This brilliant and hilarious jurist has just given us something to chuckle over as we munch on our Thanksgiving turkey.
This opinion by Judge Posner, handed down yesterday, could be viewed as “giving the bird” to an offending attorney. And the bird in question is not a turkey. Can you guess which bird is involved?
Continue reading “Thanksgiving Greetings from Above the Law!
(And a bonus benchslap from Judge Posner.)“
As we told you last week, the Above the Law holiday party is going to be held on November 30th at Bar 29. The bar is located at 29th and 3rd, and the open bar runs from 6:00-9:00 p.m. The party is sponsored by our friends at Practical Law Company — you might remember them from yesterday’s article about training alternatives for students who graduate from law school with few practical skills.
Please RSVP below. We’re trying to get a sense of our numbers. If it’s a smaller, more intimate gathering, I’ll show up in my usual blogging attire of a black robe and a badass medallion like Caiaphas. If there are a bunch of you coming, I’ll have to shave and put on a shirt or something.
Let us know if you are coming. It should be a fun time.
Have you been searching for a way to resolve your in-house e-discovery matters? Are you hoping to find the latest document review solution? Is early case assessment a problem in your office? Thanks to the introduction of the Research Corner, Above the Law may be able to assist you with all of these issues.
When you sign up for the Research Corner, you will gain access to white papers, reports, and analysis from leading legal technology companies. Some of the exciting topics in the Research Corner include:
- Datacert: Customer Success Story – Walmart
- Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
- FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
- Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
- Mitratech: Technology Platform for Legal Department
- Nuix: A Step-by-Step Guide to Early Case Assessment (ECA)
- TCDI: Concept Technology for Streamlining Document Review
What are you waiting for? Sign up for the Research Corner today by clicking here.
The holiday season is upon us. Quick, everybody to the eggnog machine!
The annual Above the Law Holiday party will be on November 30th. Why so early? Because last year, every law student in New York whined about how the holiday party conflicted with their precious finals. And then every lawyer complained about how they were leaving town for the holidays.
So, screw it, November 30th. Nobody has any commitment they can’t cancel on November 30th to come hang out with Lat, meet Staci, say hello to all of our freelancers, and poke me in the stomach with a stick like I’m a Sasquatch in a Slim Jim commercial.
And the whole thing is possible thanks to our excellent sponsors at Practical Law Company. Details below….
Continue reading “Make Above the Law Your First Holiday Party Destination”
Did you know that Above the Law has introduced a Research Corner to the site? In the Research Corner, readers will be able to sign up and obtain access to white papers, reports, and analysis from leading legal technology companies. From resolving in-house e-discovery matters, to comprehensive document review solutions, the Research Corner has something for everyone.
Some of the exciting topics in the Research Corner include:
- Datacert: Customer Success Story – Walmart
- Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
- FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
- Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
- Mitratech: Technology Platform for Legal Department
- TCDI: Concept Technology for Streamlining Document Review
What are you waiting for? Sign up for the Research Corner today by clicking here.
Did you know that Above the Law has introduced a Research Corner to the site? In the Research Corner, readers will be able to sign up and obtain access to white papers, reports, and analysis from leading legal technology companies. From resolving in-house e-discovery matters, to comprehensive document review solutions, the Research Corner has something for everyone.
Some of the exciting topics in the Research Corner include:
- Datacert: Customer Success Story – Walmart
- Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
- FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
- Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
- Mitratech: Technology Platform for Legal Department
- TCDI: Concept Technology for Streamlining Document Review
What are you waiting for? Sign up for the Research Corner today by clicking here.
Did you know that Above the Law has introduced a Research Corner to the site? In the Research Corner, readers will be able to sign up and obtain access to white papers, reports, and analysis from leading legal technology companies. From resolving in-house e-discovery matters, to comprehensive document review solutions, the Research Corner has something for everyone.
Some of the exciting topics in the Research Corner include:
- Datacert: Customer Success Story – Walmart
- Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
- FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
- Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
- Mitratech: Technology Platform for Legal Department
- TCDI: Concept Technology for Streamlining Document Review
What are you waiting for? Sign up for the Research Corner today by clicking here.
Ed. note: Welcome to the inaugural installment of Moonlighting, a column for in-house lawyers by our newest writer, Susan Moon. Susan’s column will appear on Fridays.
Come one, come all, to this paradise we call The In-house Wonderland. This is a magical place where all of your time-billing nightmares turn into hazy clouds of doing whatever the heck you want, when you want, and not keeping track of any of it. Where you hire outside firms to do all of the legwork while you sip your latté and email them to let them know that you actually need it a week earlier than you thought (so yeah, that would be in about two hours, kthxbai)! A Xanadu in which you’re never in fear of getting pushed up and out just because you can’t find ways to bring in millions (wait, is it billions now?) for the firm.
Yes, it is a dream…. Unfortunately, just a dream.
I’ve been in-house for the past several years at a travel and hospitality company. My work is varied and transactional, which means the general public has absolutely no idea what it is I do, since the only lawyers that they know exist are litigators from Law & Order, The Practice, Boston Legal… need I go on? Let’s face it, even most law students have no idea what corporate lawyers do either, since law schools seem to have signed a pact to pretend that transactional law doesn’t really exist. Sigh….
Continue reading “Moonlighting: Welcome to the In-House Wonderland”
I have a confession to make.
Most of my friends are lawyers. Forrealz. To be sure, an increasing number of them, like me, no longer practice. But most of them still do, and I still like hanging with them.
When I would go to Suffolk Superior Court in Boston, or the federal district court across the channel in Southie, I would bump into classmates or colleagues more often than not. Later in my practice, it became increasingly common that I would already be friends with my opposing counsel. Some lawyers don’t like litigating against their friends, but I always did. It made it easier to get things done, and you didn’t have to waste time with unnecessary gamesmanship.
If you already had a level of trust with your opposing counsel, you could skip all the silly things that slow down litigation and make it more unpleasant. Discovery disputes, for example, drop down to zero. Settlement talks start sooner and are more meaningful. Extension requests are automatically given. Cases get resolved faster and easier.
But do you know who doesn’t like it when opposing lawyers are friendly with each other?
Find out who — plus big news about this column — after the jump.
Continue reading “Small Firms, Big Lawyers: A Civil Practice”

Judge Peggy Ableman
Ed. note: Due to the Labor Day holiday, we’ll be on a reduced publication schedule today. We’ll be back to normal tomorrow. A restful and happy Labor Day to all!
* More about the Delaware benchslap that we covered last week (including the news that Judge Peggy Ableman’s pajama party did not go forward as proposed). [Delaware News-Journal]
* The federal government is suing 17 banks for almost $200 billion, blaming the banks for mortgage-backed securities that went bad. [Bloomberg]
* An interesting dissection of the legal fees that Dewey & LeBoeuf is running up as counsel on the Los Angeles Dodgers bankruptcy. [New York Times]

Roger Clemens
* Roger Clemens will face a second trial next year. Lester Munson, the esteemed legal analyst, explains why. [ESPN]
* “From One Bankrupt Firm to Another: Brobeck Asks Heller For $471,000.” [Am Law Daily]
* AT&T faces a tricky balancing act in dealing with the Justice Department’s challenge of the T-Mobile deal. [New York Times]
* If you’re confused about the current role of lawyer-turned-entrepreneur Michael Arrington over at AOL, in the wake of AOL’s acquiring his TechCrunch site, you’re not alone. [Digits / Wall Street Journal]

Elie the bloggAARRRR!
Well, I’m alive. And, more importantly for you guys, I can see. Which means I can resume some of my writing duties. Mwahahaha.
But before we get back to our regular reindeer games, I need to ask you for some help. Without going into too many details, the picture on the right captures me on the first day of my recovery. Lined up behind my head are all the drugs I was told to take to get me to the point where I could half sit up and kind of smile ten days after I initially presented with “a cough and some labored breathing.”
Trust me, being a patient in an episode of House is no fun. The whole “nearly killing the patient three times” thing gets old quick. For regular watchers of the show, my episode was one of those: “He has this and that??? And the stuff we were giving him for the first thing exacerbated the other thing he had? My doctor, you’re brilliant because nobody could have possibly expected one person to have two things go wrong at the same time!” And like a patient in one of those episodes, I’m pretty thankful for my doctors overall. I can talk. I have still have two eyes. They figured it out in the end. No med mal suit coming from me (assuming no changes for the worse).
But, I was a lawyer. And I want to sue somebody because health care is not free and finding things to blame is just good sport. I want to go after my landlord, but I need some help in making it all fit together.
Let me explain….
Continue reading “Help Elie Sue”
Admin, Announcements, Blogging, Free Speech, Media and Journalism, New York Times, Rudeness
A Note to Our Readers About Comments
By Above the LawSometimes silence is golden.
The executive editor of the New York Times, Jill Abramson — who once worked as a legal journalist, for Steve Brill at the American Lawyer — recently issued A Note to Our Readers About Comments, in which she explained various changes to the Times’s commenting system. We thought we’d follow in the Gray Lady’s footsteps and announce a tweak of our own to the Above the Law comments.
Comments and online anonymity are hot topics right now, both here and abroad (e.g., India). Writer Katie Roiphe just mused about the angry anonymous commenter. Privacy lawyer Christopher Wolf recently argued, in the New York Times, that websites should “consider requiring either the use of real names (or registration with the online service) in circumstances, such as the comments section for news articles, where the benefits of anonymous posting are outweighed by the need for greater online civility.” Many Times readers disagreed, defending the value and importance of anonymous speech online.
In light of these conflicting concerns — civility, privacy, free expression — let’s turn our attention to the ATL comments….
Tags: Admin, Announcements, Anonymity, Beware the comments section, Blogging, Free Speech, Media and Journalism, New York Times, Online anonymity, Rudeness