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

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?

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Pope Francis

When I first heard about Pope Francis comparing Jesus to a criminal defense attorney, a number of possible similarities sprung to mind:

  • He wasn’t known for his fashion sense.
  • He hung out with prostitutes and thieves.
  • Some people really hated him, but others felt he just got a bum rap.

While plausible, these weren’t the reasons the Holy Father made the comparison in a recent homily….

double red triangle arrows Continue reading “From Pope Francis: How Is Jesus Like A Criminal Defense Lawyer?”

The arrival of summer associates brings good news for the permanent lawyers and staff of Biglaw. Not only do summer associates infuse their firms with youth and beauty (and opportunities for free lunches), but they serve as an amulet of protection against the layoff spirits.

Yes, summer programs have shrunk dramatically since the pre-recession glory days. Check out this sobering infographic for a powerful illustration.

But for those folks lucky enough to land summer associate positions, the odds remain high that they will get offers (unless they misbehave). And firms want those offers to be accepted, so they try to present themselves to summer associates as shiny happy workplaces. Layoffs, whether of lawyers or staff, are kind of a buzzkill. Firms prefer to conduct them before or after their summer programs.

So perhaps this latest news will be our last layoff reporting for a while. Which firm just made double-digit cuts to its ranks?

double red triangle arrows Continue reading “Nationwide Layoff Watch: The Reductions Roll On”

Now that Patton Boggs is safely in the hands of Squire Sanders — minus a few notable defectors, such as Ben Ginsberg’s high-profile election-law team, which is leaving for Jones Day — observers of Biglaw are looking around for other possible trouble spots. And some of them are focusing on Bingham McCutchen.

Back in February, we covered some less-than-positive developments at Bingham: “tumbling profits, partner departures, and unfortunately timed staff layoffs.” What has happened since then?

As we mentioned earlier today, partner departures continue at the firm. Who are the latest partners to leave Bingham, and where are they going?

double red triangle arrows Continue reading “More Partner Departures At Bingham”

Mindy Kaling and Preet Bharara at the Harvard Law School commencement (via Kaling’s Twitter feed).

Yesterday my colleague Staci Zaretsky wrote about Mindy Kaling’s hilarious Harvard Law School commencement speech. If you haven’t already read about or heard Kaling’s remarks, which have gone viral, check them out here.

But Kaling’s commencement speech wasn’t the only entertaining one delivered at HLS — or even the best one, in some people’s estimation. Another speaker managed to combine humor and wisdom, in magnificent fashion.

“Yo Mindy, I’m really happy for you, Imma let you finish, but Preet Bharara had one of the best HLS commencement speeches of all time… of all time!”

double red triangle arrows Continue reading “Preet Bharara’s Awesome Harvard Law Commencement Speech”

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