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, 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." You can connect with him on Facebook or Twitter.

Posts by David Lat

A lawsuit filed earlier this month has raised the ire of several leading lawyers and legal bloggers. Noted First Amendment attorney Marc Randazza — a panelist at our Attorney@Blog conference, by the way — describes the case as “truly disgusting.” Ken White of Popehat, another prominent commentator on the legal profession, calls the suit “despicable” and “thoroughly contemptible,” writing that he “cannot remember a lawsuit that so immediately repulsed and enraged.”

Let’s find out what all the buzz is about. Which law firm filed this controversial complaint, what is the case about, and how bad is it?

double red triangle arrows Continue reading “A Biglaw Firm’s ‘Disgusting’ And ‘Despicable’ Lawsuit?”

We’ve seen this story before. A firm experiences a dip in profitability, then starts losing key partners (or reverse the order if you like; falling profits and defecting partners go hand in hand). Worried about its survival, the firm starts seeking out a white knight, in the form of a merger partner. And then….

Well, that depends. Sometimes a merger partner is found and the combined firms live happily ever after. Sometimes a merger partner is found and the combined firms suffer together, with the weaker firm effectively giving the stronger firm the “cooties.” And sometimes no merger partner is found at all; the troubled firm goes down, and rival firms swoop in like vultures to pick off the top practices and rainmakers. We can all think of examples of each scenario.

What will happen to Patton Boggs, the troubled law firm plagued by plummeting profits, fleeing partners, and layoffs galore? It’s too early to tell. Right now we’re at the stage of the firm casting about for someone to merge with. Who is the firm’s latest love interest?

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SCOTUS: coming to a theater near you?

If you’re a legal geek who loves theater (I know I am), these are exciting times. Here in New York, you can check out a play in which a legal luminary’s daughter appears naked. Down in D.C. in a few weeks, you can attend Arguendo, the SCOTUS-themed play by Elevator Repair Service that’s being staged by the Woolly Mammoth Theatre Company. (I saw the play last year and enjoyed it.)

That’s not all. Also coming to Washington: a new play featuring a Supreme Court justice as its star….

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Smokey Bear, please report to Patton Boggs.

Is Patton Boggs on fire — and not in a good way?

The prominent lobbying and law firm recently announced the closing of its office in Newark, New Jersey. Discussing the move with Politico, managing partner Edward Newberry said, “We’ve lit intentionally a forest fire, we’ve controlled that forest fire. While we’ve lost a few people over the last year, who are good friends and good partners, our firm is much stronger today than it’s been in a long time.”

The firm has lost “a few people” over the last year? How about roughly 100 attorneys, representing 20 percent of lawyer headcount, plus an unknown number of staff? With additional prominent partners said to be eying the emergency exits?

Somebody call 911, law firm fire burnin’ on the dance floor….

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‘Congratulations. You’re still in the running towards becoming America’s next top law review.’

Replace the gorgeous, leggy models with bespectacled, Bluebook-wielding law students. Replace the photo shoots with cite checks. Replace Tyra Banks with a law librarian.

Voilà! You’ve replaced America’s Next Top Model with something far more fabulous: America’s Next Top Law Review.

And yes, there is a new top law review. Harvard Law Review, which has dominated the leading set of rankings for the past seven years, has been dethroned. To quote Dani from Cycle 6 of ANTM, “Shut yo mouth and say it ain’t true!”

Oh, but it is true. They’re all beautiful — or at least impeccably Bluebooked — but only one girl has what it takes. Who is the nation’s new #1 law journal?

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Yes, benchslaps are great fun to read about, especially if you enjoy a little schadenfreude. But benchslaps are not fun to receive — and they’re not always justified.

Because of the prestige of judicial office, judges generally get the benefit of the doubt when dishing out benchslaps. But sometimes judges go too far. For example, some observers felt that Judge Richard Posner crossed the line when interrogating a Jones Day partner during a recent Seventh Circuit argument.

This brings us to today’s benchslap — directed at a lawyer for the federal government, no less. It’s harsh, but is it warranted?

double red triangle arrows Continue reading “Benchslap Of The Day: Just. Produce. The Documents!”

More than a week after we broke the news, the New York Law Journal got around to covering the Kasowitz Benson layoffs. (Thanks for crediting us, NYLJ.)

Although the report is untimely, it contains a few new bits of information about the Kasowitz cuts. Here are the highlights, along with additional info from Above the Law sources….

(Please note the UPDATE at the end of this post.)

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There’s lots of good partner-level news coming out of Morrison & Foerster. The firm has been hiring new partners (including a star of the bankruptcy bench and an FCPA guru), bringing back former partners, and making new partners.

What about associate-level news? That brings us to today’s topic of bonuses for MoFo associates (non-NYC)….

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When it comes to Biglaw word-processing jobs, Williams Lea is the grim reaper. As we’ve chronicled in these pages, numerous leading law firms have outsourced their word processing and proofreading functions to this prominent provider.

This has led to layoffs — lots and lots of layoffs. Some affected employees have been sad, and some have been angry. One complained of the “callous disregard for the welfare of long-time Foley [& Lardner] employees” that a Williams Lea takeover displayed.

But could these changes be beneficial — not just for law firm bottom lines, but for the affected individuals? The latest law firm to outsource its WP and proofreading functions, one of the most prestigious and profitable firms in all the land, makes the case….

double red triangle arrows Continue reading “Nationwide Layoff Watch: The Upside Of Outsourcing?”

This glass is half-full, right?

It depends. Your view of the direction of the job market for summer and entry-level associates will depend upon which metrics you focus on. That seems to be the bottom line of the latest findings from the good folks over at the National Association for Law Placement (NALP).

The overall outlook seems to be… muddled. Some indicators are up a little; some indicators are down a little. Things appear a bit flat — which is not that different from last year.

But I’m finding (or trying to find) reasons for optimism. Hear me out….

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