David Lat
Posts by David Lat
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Litigation Finance, Sponsored Content
A Peek Inside The Pipeline: How A Litigation Finance Deal Comes Together
Funders are very picky about the cases they pick; what are they looking for in the underwriting process? -
Courts
The 'Pro-Kavanaugh' Case For Hearings Into The Latest Accusations
Hearings should be held not just for the sake of the accuser, but for the sake of Judge Kavanaugh and the Supreme Court. - Sponsored
The Business Case For AI At Your Law Firm
ChatGPT ushers in the age of generative AI – even for law firms. -
Non-Sequiturs
Non-Sequiturs: 09.16.18
* Will Senator Susan Collins be persuaded by the campaign to get her to vote against Judge Brett Kavanaugh? Ed Whelan has his doubts. [Bench Memos / National Review]
* Speaking of the Supreme Court, Adam Feldman identifies his “Supreme Court All-Stars” (2013-2017): the lawyers and law firms with the most arguments — and wins — before the high court. [Empirical SCOTUS]
* Greg Lukianoff and Adam Goldstein offer tips for protecting freedom of speech on college campuses, inspired by a new book, The Coddling of the American Mind (affiliate link) by Greg Lukianoff and Jonathan Haidt. [Volokh Conspiracy / Reason]
* Charles Glasser to news organizations, on the subject of self-policing: do better. [Daily Caller]
* How should we evaluate the success of law firm mergers? Madhav Srinivasan of Hunton Andrews Kurth has some thoughts on methodology. [Law.com]
* And Orin Kerr offers a proposal for applying the Fifth Amendment privilege against self-incrimination to compelled “decryption” of a locked phone, computer, or file. [SSRN]
* Speaking of privacy, Google is taking some heat in Arizona over its alleged practice of recording location data of Android device owners even if they opted out of such tracking. [Washington Post]
* When it comes to learning how to integrate technology into the delivery of legal services, American law firms can learn a thing or two from the Brits — as the latest move by CMS suggests. [Artificial Lawyer]
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Courts
Highlights From Judge Brett Kavanaugh's Written Responses To Senators' Questions
No game changers in Judge Kavanaugh's answers, but a few interesting nuggets. -
Courts
In Defense Of Judge Brett Kavanaugh
The claims that Judge Kavanaugh lied under oath are without merit. -
Non-Sequiturs
Non-Sequiturs: 09.09.18
* Here’s the truth behind what some saw as Zina Bash making a “white power” sign at the confirmation hearings of her former boss, Judge Brett Kavanaugh. [Washington Post]
* With the Kavanaugh confirmation hearings in the rearview mirror, now is a good time to look back at the last four Supreme Court confirmation hearings. [Empirical SCOTUS]
* Thomas Jipping summarizes research showing that the American Bar Association does tilt leftward in rating judicial nominees — which is why its unanimous “well qualified” rating for Judge Brett Kavanaugh is especially impressive. [Bench Memos / National Review]
* Jonathan Adler argues that claims of a Justice Kavanaugh threatening the Affordable Care Act aka Obamacare have been greatly exaggerated. [Volokh Conspiracy / Reason]
* But a Justice Kavanaugh likely would affect the Supreme Court’s jurisprudence on presidential authority and the separation of powers. [Instapundit]
* Speaking of the Supreme Court, conservative (and tiny) Hillsdale College punches above its weight in producing SCOTUS clerks — so Paul Rahe wants to know, why can’t his school get any love from the
U.S. NewsWall Street Journal rankings? [Ricochet]* President Donald Trump’s “radically direct” tweets about pending prosecutions threaten the rule of law, according to Gerald Lefcourt and Joel Cohen. [Law & Crime]
* Legal research smackdown: Lexis v. Casetext! [Dewey B Strategic]
* And in other notable news from the world of legal tech, iManage just acquired business-process company Elegrity, which works in the risk and compliance management space. [Artificial Lawyer]
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Non-Sequiturs
Non-Sequiturs: 09.02.18
Ed. note: We will not be publishing on Monday, September 3, in observance of Labor Day.
* Law librarian Jean O’Grady rounds up the many books written by or about the late Senator John McCain — and extends her “condolences to his families and friends on the passing of a remarkable man.” [Dewey B Strategic]
* Getting Judge Brett Kavanaugh on the Supreme Court will become easier if Senator McCain’s successor is appointed before the confirmation vote — but as Adam Feldman explains, Judge Kavanaugh’s path to SCOTUS already looks quite clear. [Empirical SCOTUS]
* And here’s more good news for Judge Kavanaugh: the American Bar Association just unanimously rated him “Well Qualified” for the Supreme Court, as Ed Whelan reports. [Bench Memos / National Review]
* Would a Justice Kavanaugh come out in favor of the new Law Clerk Hiring Plan? As Will Baude notes, there does some to be an ideological aspect to this, with liberals more pro-Plan than conservatives. [Volokh Conspiracy / Reason]
* Law prof Ann Althouse calls out the Washington Post for going after the Trump Administration regarding a policy that was in place under Presidents Obama and Bush as well. [Althouse]
https://althouse.blogspot.com/2018/08/wapo-is-so-full-of-anti-trump-headlines.html* If you’ll be spending Labor Day at the beach, is it okay to take your top off? Here’s some guidance. [Seinfeld Law]
* Joel Cohen acknowledges that Michael Cohen (no relation) has some incentive to tell prosecutors what they want to hear, but cautions that “we shouldn’t take this all too far.” [Law & Crime]
* Shawn Gaines of Relativity outlines the ediscovery company’s ambitious plan to create a “legal tech app store.” [Artificial Lawyer]
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Non-Sequiturs
Non-Sequiturs: 08.26.18
* Jane Genova explores the implications of Jones Day’s representation of the embattled Cardinal Donald Wuerl, former bishop of Pittsburgh. [Law and More]
* Why did President Trump (or his personal lawyers) allow White House Counsel Don McGahn to speak so freely to special counsel Robert Mueller? Here are some thoughts from veteran litigator Joel Cohen. [The Hill]
* As I recently discussed with Judge Jeffrey Sutton, Chevron-style deference to administrative agencies is being reconsidered in a number of states — and you can add Ohio to that list, as Eugene Volokh notes. [Volokh Conspiracy / Reason]
* Charles Glasser calls out the Washington Post for its selective invocation of the value of transparency. [Daily Caller]
* If you’re an ambitious law student or lawyer, then you need to watch your words on social media, as this report from Patrick Gregory makes clear. [Big Law Business]
* The justices will consider more than 1,000 certiorari petitions at the “long conference” on September 24 — and Adam Feldman identifies some of the standouts. [Empirical SCOTUS]
* Speaking of SCOTUS, if you’ll be in or near New Haven this coming Wednesday, please join me and Linda Greenhouse for a wide-ranging discussion of President Trump’s transformation of the federal judiciary. [Yale Federalist Society]
* The World Bank launches the world’s first BONDI, or “blockchain operated new debt instrument,” with an assist from King & Wood Mallesons. [Artificial Lawyer]
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Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Courts
Trumping Justice: Inside The President's Successful Transformation Of The Federal Judiciary
President Trump's judicial appointments will be the most important and longest-lasting aspect of his legacy. -
Due Diligence, Sponsored Content, Technology
Combating Corruption And Bribery: What Companies Need To Know
The worldwide effort to crack down on corruption has reached new heights. -
Technology
The Big Data And Legal Analytics Revolution
What are 'Big Data' and legal analytics, and why do they matter? -
Courts, Federal Judges
A Most Interesting Lawyerly Wedding Announcement
Check out the officiant at this same-sex wedding. -
Technology
Say Hello To Law2020: The Podcast
Hear from legal and technology experts about how artificial intelligence and other emerging technologies are transforming the practice and profession of law.
Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
The Business Case For AI At Your Law Firm
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Non-Sequiturs
Non-Sequiturs: 08.19.18
* Charles Glasser proposes replacing “Trump Derangement Syndrome” with “Trump Obsession Syndrome” — which might be more accurate, but isn’t nearly as fun. [Daily Caller]
* Speaking of anti-Trump sentiment, here’s an interesting new ranking — from Adam Bonica, Adam Chilton, Kyle Rozema, and Maya Sen — showing just how liberal certain law schools are. [TaxProf Blog]
* Trying to date in law school? You’re looking for love in all the wrong places, according to 3L Korey Johnson. [Black Girl Does Grad School]
* Speaking of law school, here’s Kat Griffin’s roundup of the best blogs for women law students (with a shoutout to ATL; thanks, Kat!). [Corporette]
* An “Abolish ICE” t-shirt might not be very fashionable — but it is constitutionally protected speech, as Eugene Volokh explains. [Volokh Conspiracy / Reason]
* Joel Cohen wonders: should more states ban secret recording of conversations — and could the odious Omarosa be the catalyst for such change? [The Hill]
* Neha Sampat discusses the problem of “imposter syndrome” — and what we can all do to address it. [Attorney At Work]
* “Sex pigs halt traffic after laser attack on Pokémon teens.” Yeah, you know you wanna click…. [Instapundit]
* Where does your law firm fall along the AI adoption spectrum? Jean O’Grady lays out the stages. [Dewey B Strategic]
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Courts
Nino And Me: An Interview With Bryan A. Garner
Nino and Me will appeal to readers who appreciate good writing on multiple levels. -
Non-Sequiturs
Non-Sequiturs: 08.12.18
* Thanks to the not-so-orphaned Kennedy clerks, this Term could see a record number of clerks at the Supreme Court, as Tony Mauro reports. [National Law Journal]
* Speaking of clerks, I talk quite a bit about them and their role in this interview with Kaley Pillinger about my writing career (from Underneath Their Robes to Above the Law to Supreme Ambitions (affiliate link)). [The Politic]
* Speaking of SCOTUS, and more specifically of Judge Brett Kavanaugh’s nomination to the high court, Ed Whelan responds to the arguments of Senate Democrats against — yes, against — the prompt provision of records from Kavanaugh’s years as White House counsel. [Bench Memos / National Review]
* If Judge Kavanaugh becomes Justice Kavanaugh, how will that affect the Court’s business jurisprudence? Adam Feldman has this analysis. [Empirical SCOTUS]
* The failure of Ryan Bounds’s Ninth Circuit nomination could be a “teachable moment” for Senator Tim Scott (R-S.C.), according to Will Folks. [FITSNews]
* Speaking of disappointing failures to confirm, Paul Mirengoff shares my frustration over the inexcusable delays in Department of Justice confirmations. [Power Line]
* It’s unfair to dismiss Seinfeld as “a show about nothing”; episodes offer insight into numerous legal issues — for example, the law of conspiracy. [Seinfeld Law]
* Kal Raustiala and Christopher Jon Sprigman offer interesting reflections on how data-driven authorship might affect the way we think about creativity and copyright. [Volokh Conspiracy / Reason]
* If you’re interested in litigation finance, there’s a conference coming up next month here in New York that you might want to check out. [LF Dealmakers Forum]
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Due Diligence, Mergers and Acquisitions, Sponsored Content
Not Just The Numbers: Integrity Due Diligence
This process exceeds the scope of strictly financial matters. -
Non-Sequiturs
Non-Sequiturs: 08.05.18
* Joel Cohen tackles a tricky issue: how far should a lawyer go when defending a controversial client — e.g., Bill Cosby — in the court of public opinion? [Law and Crime]
* How much does being a conservative or libertarian hurt you when applying for a position as a law professor? James C. Phillips attempts to quantify the “rank gap.” [SSRN]
* Some thoughts on the case involving 3D-printer gunmaking instructions, from Eugene Volokh — who, not surprisingly, has a take that’s a bit more nuanced than Elie Mystal’s. [Volokh Conspiracy / Reason]
* Happy blogiversary to Artificial Lawyer — a great resource for anyone interested in the intersection of AI and the law. [Artificial Lawyer]
* C. Boyden Gray, a former White House Counsel, offers a clear and persuasive explanation of why seeing all the documents that Brett Kavanaugh sent or received during his time as White House Staff Secretary isn’t going to aid in evaluation of his SCOTUS nomination. [The Hill]
* From leading Supreme Court lawyer Lisa Blatt: “I’m a Liberal Feminist Lawyer. Here’s Why Democrats Should Support Judge Kavanaugh.” [Politico]
* And here’s more support for the SCOTUS nominee, from Kathryn Cherry, a former Kavanaugh clerk (and an African-American woman — one of Judge Kavanaugh’s many female or minority clerks).
https://www.youtube.com/watch?v=PBjEJPdAOPo&feature=youtu.be
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Government
Continuing Confirmation Delays At The Department Of Justice
It's high time for these nominees to receive the confirmation votes they deserve. -
Courts
Supreme Court Clerk Hiring Watch: The Complete Clerk Roster For October Term 2018
What's happening to the "orphaned" law clerks who were hired by Justice Kennedy before he announced his retirement?