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

Zach Warren

Back in March, we wrote the following about Zachary Warren, the young lawyer hit with criminal charges arising out of his post-college, pre-law-school employment at Dewey & LeBoeuf: “we’ve heard rumors that in the coming weeks the DA’s office will show more of its hand — in ways that could materially affect our perception of Zach Warren. We reserve the right to change our opinion of him after additional facts emerge.”

Now some additional facts (or at least allegations) have emerged. As we noted in Morning Docket, the Manhattan District Attorney’s office just laid more of its cards on the table, in opposing Warren’s motion to have his trial severed from that of his more notorious co-defendants.

We have a copy of the government’s opposition. What revelations does it contain?

double red triangle arrows Continue reading “New And Juicy Details Of Zachary Warren’s Alleged Role In The Dewey Debacle”

Major law firms select their leaders in different ways. Some have a committee of partners do the picking, for example, while others have the outgoing leader designate her successor.

Rank-and-file partners often have little to no say in the selection. And, perhaps because the process is frequently run by a small group of people at the top, it doesn’t often come with much public drama. Yes, some firm leadership struggles boast intrigue worthy of Game of Thrones, but it’s generally kept under wraps.

At one prominent law firm, though, the entire partnership selects the managing partner in a firm-wide vote. This year’s election was contested — and not everyone is happy with the results….

double red triangle arrows Continue reading “A Leadership Battle At A Biglaw Firm”

Clients are in the driver’s seat these days. Lawyers, even partners at prestigious and profitable firms, must bow and scrape before in-house counsel to land engagements.

It won’t be long before beauty contests actually include, well, beauty contests. What rainmaker worth his or her salt wouldn’t strip down to a swimsuit if required to do so as a condition of being hired? (Assuming that seeing the lawyer in swimwear would actually appeal to the client, that is.)

Not long ago, some Biglaw partners had to humiliate themselves in order to land a major matter. What did they have to do for the deal?

double red triangle arrows Continue reading “I’d Do Anything For A Client, But I Won’t Do That”

If you appreciate the information and entertainment provided by Above the Law, please send us tips. You can reach us by email or by text message (646-820-8477).

Sometimes folks ask us, “What’s in it for me?” For example, on last week’s story about the epic UVA email screw-up, one reader wondered why UVA students told us about it in the first place.

Well, venting about something can be therapeutic. But sometimes tipping ATL can help people out in more specific and concrete ways. Here’s a great story involving a reader who emailed us about a problem that we helped to get fixed….

double red triangle arrows Continue reading “Happy News From The D.C. Bar (Or: Why You Should Send Tips To Above The Law)”

Isn’t discovery fun?

You sometimes hear Biglaw litigators complain about courts not publishing enough opinions about discovery issues. Discovery (especially e-discovery) is such a major — and majorly expensive — part of the complex litigation in which large firms specialize, but there aren’t that many decisions on the books over such nuts-and-bolts issues as responsiveness, privilege, and work-product doctrines.

So it’s noteworthy that the Massachusetts Appeals Court just issued an opinion featuring extended discussion of the work-product doctrine. Some Boston Biglaw litigators will surely welcome the additional guidance on this subject.

But not all of Boston Biglaw will be pleased by this decision. Certainly not the major firm that could wind up getting hit with sanctions as a result….

double red triangle arrows Continue reading “Biglaw Firm Could Get Hit With Discovery-Related Sanctions”

Justice Stephen Breyer

On Friday, the National Archives unsealed a fifth batch of Clinton Administration presidential papers. The documents were originally released by the William J. Clinton Presidential Library in Little Rock. Let’s get these pesky papers out of the way before Hillary Clinton, author of a new memoir (affiliate link), launches her presidential bid.

The latest papers contain some juicy tidbits for legal nerds. For example, as noted in Morning Docket, then-Judge Stephen Breyer got dissed as a “rather cold fish” while being considered for a Supreme Court seat (the seat that ultimately went to Justice Ruth Bader Ginsburg).

The papers contain candid assessments of Justices Breyer and Ginsburg, as well as other fun nuggets. Here are some highlights:

double red triangle arrows Continue reading “4 Top Tidbits From The Latest Batch Of Clinton Papers”

Ten years is a long time. Ten years can take a kid from birth to fourth grade. I wrote my first blog post ten years ago yesterday; it feels like a lifetime ago.

What does a decade mean in the career of a Supreme Court clerk? One law professor has done some stalking of research into the SCOTUS clerk class of October Term 2004 and what they’re up to today. Here’s what he found out….

double red triangle arrows Continue reading “Supreme Court Clerks: Where Are They Now?”

Petitioner’s brief, unfortunately, was laden with obscure acronyms notwithstanding the admonitions in our handbook (and on our website) to avoid uncommon acronyms. Since the brief was signed by a faculty member at Columbia Law School, that was rather dismaying both because of ignorance of our standards and because the practice constitutes lousy brief writing.

– Judge Laurence Silberman of the D.C. Circuit, condemning a brief for an abundance of acronyms.

(More information — including the identity of the offending professor, and the full opinion — after the jump.)

double red triangle arrows Continue reading “Benchslap Of The Day: The D.C. Circuit Calls Out A Top Law School Professor”

‘Keep your lousy lunches and wine tastings. I’d rather be driving a tractor!’

We recently extended an enthusiastic hello to Biglaw summer associates. And now, barely into June, it’s time to say goodbye — to one unusual summer associate.

Summer associate gigs are highly coveted positions. They involve lavish lunches, pool parties, and big paychecks for little work. And they’re harder than ever to obtain, which only increases their allure.

Yet one summer associate just voluntarily left his law firm — and sent around a colorful, firm-wide departure memo explaining why. Check it out; what do you think of his decision?

double red triangle arrows Continue reading “A Summer Associate’s Premature Departure: ‘I Would Rather Be Farming’”

To quote a recent headline, Midyear Bonus Bonanza Unlikely In 2014. We’d agree with that, at least as a general matter. Midyear bonuses are so “unlikely,” in fact, that we haven’t received any emails from anxious associates asking us about the possibility of midyear bonuses.[1]

But there are exceptions to every rule. Which highly profitable, finance-focused law firm just announced bonuses for both lawyers and staff?

double red triangle arrows Continue reading “Associate Bonus Watch: Who Just Announced Midyear Bonuses?”

Page 6 of 20811...2345678910...2081