David Lat

David Lat is the founder and managing editor of Above the Law. His writing has also appeared in the New York Times, the Wall Street Journal, the Washington Post, New York magazine, Washingtonian magazine, and the New York Observer. Prior to ATL, he launched Underneath Their Robes, a blog about federal judges. Before entering the journalism world, he worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O'Scannlain, of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal. He has received several awards for his work on ATL, including recognition as one of the American Lawyer’s Top 50 Big Law Innovators of the Last 50 Years; one of the ABA Journal’s Legal Rebels, a group of pioneers within the legal profession; and one of the Fastcase 50, "the fifty most interesting, provocative, and courageous leaders in the world of law, scholarship, and legal technology." His first book, Supreme Ambitions: A Novel, will be published in 2015. You can connect with David on Twitter and Facebook.

Posts by David Lat

Happy Texas Unhappy Texas Above the Law blog.jpgIt has been a while since our last update on associate pay raises. That’s because we have nothing to report. If you hear of anything, please email us.
In the meantime, here’s something from a Texas tipster:

Thought I would pass along information I’ve compiled over the last few days re: Texas associate salaries.

First, here’s an article where all the big Texas shops basically give the finger to the idea of pay raises any time soon.

Second, here’s the list of firms (that I know of) with offices in Texas that have raised to $150K or higher (current big firm average in Texas right now is $135K). The name of the city and number of associates in the offices in those cities is also listed (source, NALP). There may be others that have gone up that I don’t know about. Please use your vast network of informants and resources to find out.

The rest of the message, including the list, appears after the jump.

double red triangle arrows Continue reading “Nationwide Pay Raise Watch: Unhappy, Texas”

This past weekend witnessed an historic event: the first annual BLUEBOOK INVITATIONAL!!!
And we were on hand for the competition. On Saturday, May 12, the four august publications that publish the Bluebook — the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal — vied for supremacy.
When we first learned about the “Bluebook Invitational,” we could barely contain our excitement. We imagined a contest to determine which law review’s editors were most proficient in the rules of legal citation. It would be like the law review version of the crossword puzzle contests featured in the movie Wordplay. Editors would be given sample pages of incorrectly Bluebooked prose. They would then have to edit them, under time pressure, before being scored on both the speed and accuracy of their Bluebooking.
Sadly, as we later learned, the “Bluebook Invitational” has nothing to do with actual Bluebooking:
Bluebook 5a.JPG
WTF? Why would we want to watch a bunch of law review gunner-types toss a pigskin around?
As it turned out, though, we had a fun time. And some of the players were actually very good.
A report on the proceedings, plus pictures, after the jump.

double red triangle arrows Continue reading “A Report on the First Annual Bluebook Invitational”

Aaron Charney headshot Aaron B Charney Aaron Brett Charney.JPGMany of you have expressed interest in the latest developments in the continuing litigation between gay lawyer Aaron Charney and his former employer, Sullivan & Cromwell. It has been quite some time since our last post about this case.
Unfortunately, as far as we know, nothing is going on right now. We have a Google Alert set to notify us of all things Charneylicious, and it has been silent lately. This morning we checked the docket, as well as the blogs of two top Charney watchers, Professor Art Leonard and Lavi Soloway. Nada, zilch, zip.
To tide you over, here is one little rumor (unconfirmed, so take it with a grain of salt). It’s so minor that we hesitate to share it. But, for what it’s worth, we hear that Gera Grinberg — the S&C associate who had a relationship with Aaron Charney that partner Alexandra Korry allegedly described as “unnatural” — is back in the office.
(We tried to confirm this by emailing Grinberg. We didn’t receive a response; but we also didn’t receive an “Out of Office” notice, either.)
Observers of this case will recall that Gera Grinberg was placed on a leave of indefinite length by S&C, shortly after the lawsuit was filed. He was on this delightful vacation paid leave for a period of at least several weeks. But now we hear that he’s back at 125 Broad Street, working away like a good corporate lawyer.
Boy that must be awkward — for both Grinberg and S&C. After all, Grinberg is at the center of some salacious allegations about possible misconduct in this case.
If you have any information about new developments in Charney v. S&C, please drop us a line. Thanks.
Update: In response to this comment: Yes, we called Gera Grinberg too. The call went straight to voice-mail (which makes us wonder whether maybe he still is on leave, since no secretary was covering his phone). We left a message.

Big Love Mormon polygamy Above the Law blog.jpgEarlier this week, a California judge tossed out a lawsuit brought by a high school student who was disciplined by her school, and teased by her classmates, for using the phrase “That’s so gay.” From the Associated Press:

Sonoma County Superior Court Judge Elaine Rushing said she sympathized with 18-year-old Rebekah Rice for the ridicule she experienced at Maria Carrillo High School. But, the judge said, Rice’s lawyers failed to prove that school administrators had violated any state laws or singled the girl out for punishment….

The case filed by Rice and her parents in 2003 brought widespread attention to a three-word phrase that some teenagers use to mean “stupid” or “uncool,” but has come under attack as an insensitive insult to gay people.

The Rices argued that a teacher violated Rebekah Rice’s First Amendment rights by sending her to the principal’s office and putting a note in her school file. During a trial in February, Rebekah Rice testified she said “That’s so gay” as a response to other students asking her rude questions about her Mormon upbringing.

Regardless of the legal merits, it seems that young Rebekah could learn a little sensitivity. How would she feel if a classmate derided an ugly outfit of hers by saying, “That’s so polygamous”?
Update / Clarification: We are NOT making fun of Mormonism. Please recall that the Church of Jesus Christ of Latter-day Saints actually REJECTS polgamy. Rather, we are making fun of the idiocy of playground insults (e.g., “That’s so polygamous” — which makes absolutely no sense).
Judge Rules in ‘That’s So Gay’ Case [Associated Press]

Supreme Court 6 Above the Law blog.JPGWe’re a little late on this (and blame our tardiness on associate pay fixation). But here are two interesting tidbits of Supreme Court gossip, from Tony Mauro of the Legal Times:
1. Carter Phillips’ Kin Is Alito Clerk [Legal Times]
One of Justice Samuel Alito’s incoming clerks, Jessica Phillips — who has been described as “beautiful and brainy” — is the daughter of renowned Supreme Court litigator Carter Phillips. This means that Jessica “will have no involvement in cases in which her father’s firm, Sidley Austin, participates” — which has ranged as high as 20 percent of the Court’s docket.
(Btw, Jessica Phillips is not the first female clerk whose father also clerked for the Court. Mauro ticks off a list of five daughters of male clerks who went on to become clerks themselves. Check it out here.)
2. New Job for Mrs. Roberts [The BLT: The Blog of Legal Times]
More on Jane Roberts’ New Job [The BLT]

Lawyer Jane Sullivan Roberts, the wife of Chief Justice John Roberts Jr. has a new job — and it’s not at a law firm. The leading legal search firm Major, Lindsey & Africa announced this morning that Mrs. Roberts is leaving Pillsbury Winthrop Shaw Pittman’s D.C. office to become leader of the In-House Practice Group in Major, Lindsey & Africa’s D.C. office.

Inquiring minds want to know: Will Jane Roberts continue to earn more than her husband in her new position?
(That was surely the case in her old job, when Jane Sullivan Roberts was a partner at Pillsbury Winthrop. Even though her most recent post at the firm was Executive Partner for Talent Development, which probably didn’t involve a lot of client-billable work, it would be shocking for a Biglaw partner to earn less than her hubby’s $212,100 salary as Chief Justice.)

Roberto Rivera Soto Justice Roberto A. Rivera-Soto Judge Above the Law blog.jpgOn the heels of our recent post about Judge Noel Hillman (D.N.J.), here’s another shout-out to our home state and its judges. It concerns Justice Roberto A. Rivera-Soto, of the New Jersey Supreme Court, who is ATL’s Judge of the Day.
From the New York Times:

[Justice] Rivera-Soto is a New Jersey Supreme Court justice, and he now faces an ethics complaint charging that he abused his position when he contacted several local officials in an attempt to help his son, who was having trouble with a teammate on his high school football team.

In a rare action against a member of New Jersey’s highest court, the state’s Advisory Committee on Judicial Conduct, which filed the complaint on Friday, accused Justice Rivera-Soto of violating court rules, including engaging in conduct “prejudicial to the administration of justice that brings the judicial office into disrepute.”

So what’s the basis for the complaint? More discussion, after the jump.

double red triangle arrows Continue reading “Judge of the Day: Justice Roberto Rivera-Soto”

With apologies for the lack of details — if you have more to share, please email us — we’ve learned of some interesting news at Cahill, Gordon & Reindel:

Cahill Gordon Reindel LLP Above the Law blog.jpg1. The firm, which usually announces partnership decisions in January, just announced the promotion of four lawyers to the partnership.

2. All four are in the corporate department.

3. Two of the four new partners are seventh-years, which makes their promotions very early — a year and a half ahead of schedule. The firm historically has had an eight-year partnership track.

ATL congratulates this quartet of soon-to-be millionaires. A Cahill Gordon partnership is quite a nice prize. According to the recently released AmLaw 100 rankings, Cahill is the sixth most profitable law firm in the country, with profits per partner (PPP) of $2,575,000.
As noted above, if you have more info — e.g., the names of the new partners, why Cahill promoted them ahead of time, etc. — please email us (subject line: “Cahill Gordon”). Thanks!
Update: More information is available here.

Laurence Silberman Judge Laurence H Silberman Laurence Hirsch Silberman Above the Law blog.jpgThe D.C. Circuit’s administrative law-heavy docket can be a total snooze-fest less than thrilling. But at least that uber-prestigious court is stocked with some interesting personalities.
Like the prominent, conservative, and temperamental Judge Laurence H. Silberman. From a tipster:

How about giving a shout-out to the latest Silbermannerisms? Yesterday Judge Silberman served up these two gems in a completely run-of-the-mill case, Menkes v. DHS (PDF):

“In response, the government raises a number of threshold jurisdictional arguments. Frankly, we do not think them worth a tinker’s damn.”

“This argument [is] unworthy of the government.”

OUCH — but not out of character for Judge Silberman. More from our source:

[H]e’s badass. The all-time greatest Silbermannerism:

“If you were ten years younger, I’d punch you out!” [Silberman to Abner Mikva, in conference with Ken Starr, as recalled by Mikva -- New York Times, 9/1/1998]

Someday I’ll start a blog on the DC Circuit, and when I do I plan to make Silbermannerisms a regular feature. But in the meantime, I hope you put those quotes to good use! He’s surely the greatest Judicial Divo of all time.

Judge Silberman is certainly in the running for that title. But what about his liberal counterpart, Judge Harry T. Edwards? No shrinking violet, he.
Menkes v. DHS (PDF) [U.S. Court of Appeals for the D.C. Circuit]

marijuana pot cannabis doobie Above the Law blog.jpgJEEZ. This tax treatment is way harsh.
Perhaps those Tax Court judges need to chillax. With a joint or two.*
(And perhaps the losing litigants should have hired “L.A.’s dopest attorney,” Allison Margolin.)
* This suggestion is made in jest. ATL strenuously objects to illegal drug use. We also encourage you to donate blood and to support cancer research.
Have a great day!
Tax Court Denies Deduction for Cost of Medical Marijuana Given to Dying Patients [TaxProf Blog]
Californians Helping to Alleviate Medical Problems, Inc. v. Commissioner [Tax Court (PDF)]

Although there continues to be activity on the associate pay raise front, things seem to have quieted down in terms of clerkship bonuses. The most recent announcement was that of Patterson Belknap — from Monday morning.
Are there no new announcements out there? Or are we just not hearing about them?
If you have any information to share, please email us (subject line: “Clerkship Bonus”). And feel free to discuss further in the comments. As always, thanks in advance for your tips.

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