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 Washington Post, the Wall Street Journal, the New York Observer, Washingtonian magazine, and New York magazine. Prior to ATL, David 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 book reviews editor of the Yale Law Journal. David has received several awards for his work on ATL, including recognition as an ABA Journal Legal Rebel, a group of innovators within the legal profession, and inclusion as a member of the Fastcase 50, "the fifty most interesting, provocative, and courageous leaders in the world of law, scholarship, and legal technology." You can connect with him on Facebook or follow him on Twitter.

Posts by David Lat

Sullivan & Cromwell v. Charney: More MSM Coverage

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H Rodgin Cohen 2 Chairman Aaron B Charney Aaron Brett Charney Sullivan Cromwell Above the Law Above the Law Above the Law ATL legal tabloid legal blog.JPGRumor has it that Sullivan & Cromwell’s chairman, banking law god H. Rodgin Cohen, was “pretty angry” when he learned that the New York Times would be covering Charney v. Sullivan & Cromwell, the anti-discrimination lawsuit filed against S&C by a gay former associate, Aaron Charney.
(The NYT story was pretty even-handed. But it was surprisingly long and detailed, which Cohen probably didn’t like. We discussed it back in this post.)
If Rodge Cohen doesn’t like MSM coverage of lurid litigation involving his firm, then he’s probably less than pleased by all the news coverage of Sullivan & Cromwell v. Charney, S&C’s countersuit against its former M&A associate.
Today’s New York Law Journal has an article about the case. Most of it is familiar to ATL readers. What’s new is info about Charney’s legal team, which now includes the scrumptiously credentialed Laura Schnell: Dartmouth, Chicago Law, Jack Weinstein clerkship, Best Lawyers in America listing.
In addition, the New York Times’s widely read DealBook blog has a write-up of the suit. The DealBook post contains a shout-out to ATL. Thanks, NYT!
As some commenters have noted, one purpose of S&C’s countersuit was surely to get Aaron Charney to shut up. It appears to have succeeded, since Charney has been tight-lipped since last Thursday, when the suit was filed.
But the countersuit does mean that (1) S&C is “stooping to Charney’s level,” i.e., crossing swords with someone of lesser stature (no “Rose Garden” / “we will ignore you as if you were a gnat” strategy); and (2) opening itself up to more media coverage, to wit, coverage of its affirmative lawsuit.
We are coming up to New York on Thursday to watch the preliminary injunction hearing before Justice Bernard Fried of New York Supreme Court. And we don’t think we’ll be the only media (or quasi-media) types in attendance.
Bob Kolker, of New York Magazine, is writing a feature-length article about Charney; so we’d expect to see him there. Other top legal reporters we’ll be watching out for — we have no idea of whether they’re coming, though — include Peter Lattman and Nathan Koppel, of the Wall Street Journal; Anna Schneider-Mayerson, of the New York Observer; and Anthony Lin, of the New York Law Journal.
Update (4:35 PM): Prolific ATL commenter Lavi Soloway will be there.
If you’re at the hearing, feel free to come over and say hello. We look like this.
We also look forward to meeting the parties and their lawyers. We’ve emailed Aaron Charney to tell him that we’ll be there (although he hasn’t responded). And we’ve emailed Zach Fasman of Paul Hastings, who represents S&C, to put him on fashion-and-style notice:

I’m planning to attend the hearing on Thursday, so perhaps I’ll meet you then. Be sure to dress for success! I’ll definitely be writing about the sartorial choices of counsel at this red-carpet event.

Hope all is well!

Best,
David

Time to break out the Brioni, Zach. We better see visible hand-stitching on the lapels, bitch.
This is going to be great fun!!!
Update (4:20 PM): As noted by Lawzer, New York Magazine’s Daily Intelligencer also has a brief item on the S&C countersuit.
Law Firm Facing Gay-Bias Suit Fires Back [DealBook / New York Times]
Sullivan & Cromwell Sues Fired Associate [New York Law Journal]
Paper Trail Disturbed at Sullivan & Cromwell [Intelligencer / New York Magazine]
Taking Center Stage [Soloway]

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Dining With the Diva: Lunch with Judge Janice Rogers Brown (Part 1)

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Ed. note: Fans of diversity will be pleased to note that this post has nothing to do with (1) Aaron Charney, (2) Biglaw pay raises, or (3) Shanetta Cutlar.
Above the Law 13 Janice Rogers Brown.JPG
“I’ve said it once, I’ll say it again: I am NOT a judicial diva!!!”
(Okay, she didn’t say it quite this emphatically. But Judge Brown did repudiate the “judicial diva” label, when we asked her about it during the Q-and-A session.)
Some time ago — we’re too embarrassed to mention when — we attended a lunch talk here in Washington with Judge Janice Rogers Brown, of the D.C. Circuit. As we’ve previously noted, Judge Brown is a leading judicial diva and possible Supreme Court nominee.
It was a great event, and we took lots of pictures, of the impressively poor quality that you’re used to here at ATL. Our write-up, with pics, after the jump.

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Skaddenfreude: Midday Open Thread

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100 dollar bill Above the Law Above the Law law firm salary legal blog legal tabloid Above the Law.JPGSorry, we don’t have any new memos or emails to share with you. We can’t post what we haven’t been emailed.
We’re not the only ones on the money beat. The MSM continues to follow increasing base salaries for law firm associates quite closely.
Here’s a linkwrap of four articles, published yesterday or today, concerning associate pay raises and/or partner profits:
1. Biggest Chicago firms boosting 1st-year pay [Chicago Tribune]
2. Alston & Bird Raises Pay to $130,000 [Fulton County Daily Report]
3. Pay: It’s All Relative: Starting pay at top firms falls farther behind partners’. [National Law Journal]
4. Keeping Up With the Joneses [The Recorder (subscription)]
As always, your comments are welcomed, after the jump.

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Sullivan & Cromwell v. Charney: Do You Know Aaron Charney?

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Aaron Charney 3 Aaron Charney Aaron Charney headshot Aaron B Charney Aaron Brett Charney Above the Law Aaron Charney Aaron Charney Sullivan Cromwell.JPGIf so, then the MSM would like to speak with you. Here’s an email from Robert Kolker, of New York magazine (which we reprint with his permission):

I’m a journalist working quickly on a long-form magazine feature story about Aaron Charney. Part of the story would benefit from some insight from people who know him, either now or even remember him back during law school – but there’s no need for this insight to be on the record. I’d appreciate a chance to talk on the phone about Aaron – again, confidentially.

I can assure everyone of the utmost discretion and fairness. They can call me at 212-508-0811, or email me, and I’ll be happy to give them more information.

Many thanks,

Bob Kolker
(212) 508-0811
robert_kolker AT newyorkmag DOT com

A long-form magazine piece on Aaron Charney? We can hardly wait! If you know Aaron Charney firsthand, we beg you to contact Mr. Kolker, so he can have the benefit of your insight.
In addition, we’d love to hear from you ourselves. We’ve heard from a few people who know Aaron personally, but we’d welcome more.
After the jump, we reprint comments from two law school classmates of Aaron.

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Breaking: You Are Probably $125 Richer Right Now

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BarBri bar bri bar exam review course prep course Above the Law Above the Law ATL.jpgThis news isn’t as exciting as a holiday bonus or a pay raise. But it does mean that if you took the Bar/Bri bar review course between 1997 and 2006 — hey, that includes us! — you can buy a round of $12 martinis for you and a few friends.
According to a tipster:

According to the Los Angeles Daily Journal, the Bar/Bri antitrust class action settled for $49 million, to be paid out to 290,000 clients. Each client will get $125.

Bar/Bri also agreed to terminate a “co-marketing” venture with Kaplan as part of the deal. Neither defendant (Bar/Bri or Kaplan) admitted wrongdoing.

The plaintiff class is represented by McGuire Woods.

The full article, as reprinted in the National Law Journal, can be accessed here.
Update (12:30 PM): Information about how to claim your share of the settlement will appear here. Here at ATL, we’re all about news you can use!
BAR/BRI monolopy class action settled for $49M [National Law Journal]
BAR/BRI Class Action Website [official site]

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Skaddenfreude: Some Interesting Data, and Morning Open Thread

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100 dollar bill Above the Law Above the Law law firm salary legal blog legal tabloid Above the Law.JPGWe’ve had a lot of debate in these pages concerning the cost of living in different U.S. cities. Folks have been arguing over whether the high cost of living in New York justifies the NYC pay scale of $160K and up, as opposed to the $145K pay scale that seems to have taken hold in most major legal markets outside New York.
We’ve heard a lot of trash talk. Here’s some actual data, courtesy of Michael Machen, Director of Financial Aid at the University of Chicago Law School:

David, longtime reader first-time emailer. So as you see from my title [in the signature block of my email], I’m the financial aid guy at U-Chicago. I’ve been running some numbers on the new salaries at large firms, and came up with something interesting, maybe it’s obvious to New Yorkers, but I found it surprising.

The taxes in NYC make $160,000 equal to $145,000 in Chicago. The NY State and NY City income taxes of 6% and 3.3% versus the flat 3% income tax in IL means that the after-tax pay in NY is actually less than the take home in Chicago, even if Chicago pays $15K less. I would imagine firms know this, at least those with tax departments. The attached spreadsheet illustrates this.

I didn’t run DC tax ##s, but DC has high district income tax rates (9% of income over 30K) so it would be similar to NY, unless you relocated to NoVA (gasp). So the DC folks should be bitching (a bit) while Chicago folks should be happy.

You can check out the actual numbers after the jump. Also, please treat this post as the morning open thread. Thanks!

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Sullivan & Cromwell v. Charney: Some Thoughts on the S&C Complaint (Part 2)

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H Rodgin Cohen 2 Chairman Aaron B Charney Aaron Brett Charney Sullivan Cromwell Above the Law Above the Law Above the Law ATL legal tabloid legal blog.JPGThis post picks up where our last one left off, in a page-by-page review of Sullivan & Cromwell’s Complaint (PDF) in S&C v. Charney. Our earlier thoughts are available here.
Now we’re up to the juiciest part: Paragraph 19. This paragraph concerns a certain confidential, internal firm document, which was leaked to the Wall Street Journal (previously discussed here).
S&C’s Complaint notes that a copy of this document (1) “is missing from [a] partner’s file”; (2) that the partner’s file “appears to have been put out of order”; and (3) that the partner in question had her office “next door to Charney’s office.”
You do the math.
Paragraph 19 also notes that the WSJ Law Blog, in writing about the leaked document, quotes from a handwritten note that was attached to the partner’s missing copy of the document. Charney also quoted from this same handwritten note, in Paragraph 63 of his Complaint. Ruh-Roh…
More after the jump.

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Sullivan & Cromwell v. Charney: A Few Thoughts on the S&C Complaint (Part 1)

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Aaron Charney 3 Aaron Charney Aaron Charney headshot Aaron B Charney Aaron Brett Charney Above the Law Aaron Charney Aaron Charney Sullivan Cromwell.JPGWe’ve now had a chance to read the complaint in Sullivan & Cromwell v. Charney (PDF), the countersuit filed by S&C against its former associate, Aaron Charney. The Complaint itself is only ten pages, so it’s a quick read.
Last month, Charney sued S&C, alleging anti-gay discrimination and retaliation. Last Thursday, the firm filed its own lawsuit against Charney, for breach of fiduciary duties, breach of contract, and conversion. The firm seeks injunctive relief, compensatory damages, and punitive damages. A preliminary injunction hearing is scheduled for this Thursday, at 9:30 AM, before Justice Bernard Fried (New York Supreme Court, Commercial Division).
When he first filed his own lawsuit, Aaron Charney didn’t have a lawyer. But now he has two: Daniel Alterman of Alterman & Boop, and Herb Eisenberg of Eisenberg & Schnell. We aren’t experts in the field, but based on their bios, Alterman and Eisenberg strike us as experienced and well-credentialed advocates.
A few random ramblings on the S&C Complaint, after the jump.

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Sullivan & Cromwell v. Charney: S&C’s Complaint

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H Rodgin Cohen 2 Chairman Aaron B Charney Aaron Brett Charney Sullivan Cromwell Above the Law Above the Law Above the Law ATL legal tabloid legal blog.JPGThe WSJ Law Blog has just posted a copy of the Sullivan & Cromwell v. Charney complaint. You can access it by clicking here (PDF). How exciting!
We’ll have some thoughts on it shortly. If you’ve already read the S&C Complaint, please opine in the comments.
Lavi Soloway’s already all over the story. As Soloway points out, Charney is now represented by counsel.
So if you play for Team Aaron — no, not in THAT sense (although there’s probably a lot of overlap) — you should feel a lot better. You no longer need to stay up at night, worrying about your boy proceeding pro se against a Biglaw behemoth.
P.S. The PDF of the S&C Complaint is a little blurry. But don’t look a gift horse in the mouth; you gotta love those MSM resources. Thanks, Wall Street Journal!
Update: We’ve now had the chance to read the Complaint. Our thoughts on it appear here and here.
S&C Strikes Back at Now-Former Associate [WSJ Law Blog via Lavi Soloway]
Sullivan & Cromwell LLP v. Aaron Brett Charney (PDF)

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Skaddenfreude: Bingham, McDermott, End of Day Open Thread

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100 dollar bill Above the Law Above the Law law firm salary legal blog legal tabloid Above the Law.JPGThis will probably be our last salary-related post of the day, so you can treat it as the end-of-day open thread. We’ll post any memos we receive later today sometime tomorrow morning (unless they’re extraordinary for some reason).
Here’s a good short item about D.C. pay developments, by Nate Carlile of the Legal Times. According to Carlile, the firms that have raised to $145,000 for first-year in Washington are as follows:
1. Akin Gump
2. Arnold & Porter
3. Covington & Burling
4. Gibson Dunn
5. Hogan & Hartson
6. Latham & Watkins
7. O’Melveny & Myers
8. Patton Boggs
9. Sidley Austin
10. Steptoe & Johnson
11. WilmerHale
After the jump, confirmed pay raise announcements from Bingham McCutchen and McDermott Will & Emery.

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