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

When we last checked in on Patton Boggs, the long-suffering law firm was on the brink of a bankruptcy breakthrough. Its partners, and the partners of Squire Sanders, were in the middle of voting on a merger that would save Patton Boggs.

Alas, sadly for Patton Boggs, Squire Sanders has suspended the merger vote. What happened? Did Squire come to its senses get second thoughts about that hideous proposed firm name, Squire Patton Boggs?

Actually, no; the issue is more substantial than that. Here’s a hint: Patton Boggs might have saved itself by June, if it weren’t for those meddling… Ecuadorian villagers!

(The vote is back on. Please note the multiple UPDATES at the end of this post.)

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It’s springtime in D.C., and we all know what that means. No, we’re not talking about the cherry blossoms; that was last month. We’re talking about the spinning of the revolving door.

We have some interesting moves to mention taking place in the nation’s capital. One top government lawyer is returning to private practice; one top Biglaw partner is going back to government, perhaps for good; and one major law firm, potentially party to a high-profile merger, is losing some partners to a rival — after holding them prisoner for a while….

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Judge Michael McShane

Even today I am reminded of the legacy that we have bequeathed today’s generation when my son looks dismissively at the sweater I bought him for Christmas and, with a roll of his eyes, says ‘dad … that is so gay.’

– Judge Michael McShane of the District of Oregon, in his heartfelt opinion striking down Oregon’s ban on same-sex marriage.

(Why was the opinion so heartfelt? Keep reading….)

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It’s great to be an in-house lawyer these days. The jobs enjoy greater prestige than they did in the past. Depending on which company you work for, the compensation can outstrip Biglaw, big time.

And let’s not forget: the work can be very, very interesting. For example, imagine being the general counsel or another in-house lawyer at Apple — a company involved in two of the most high-profile litigation battles currently raging….

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455 Central Park West

At the corner of Central Park West and West 106th Street on Manhattan’s Upper West Side, you’ll find a very distinctive building: 455 Central Park West. The luxury condominium building consists of an elegant French Renaissance chateau — a former hospital, actually — attached to a 26-story tower.

It’s a magnificent building, combining the best of the old and the new. Its beautiful apartments have been used as weapons in the law school faculty recruitment wars.

On Friday night, however, 455 CPW was the site of tragedy. A prominent M&A partner at a top law firm jumped from his 22nd-floor apartment to his death.

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How our original tipsters felt.

Yesterday we shared with you a controversial firm-wide email sent by a fairly senior partner at Kirkland & Ellis. After receiving too many “requests for information” that he viewed as a waste of his (and everyone else’s) valuable time, corporate partner Kenneth Morrison fired off a firm-wide response that made fun of three offending messages and offered guidance for future RFIs.

The K&E sources who shared Morrison’s message with us disapproved of it. They viewed it as a share partner essentially engaged in cyberbullying of junior colleagues, publicly humiliating them before the entire firm.

But some folks disagreed — including, for example, many commenters on yesterday’s story. And since then, we’ve heard directly from multiple people, both at Kirkland and outside of it, who support Ken Morrison’s email. Let’s hear what the members of #TeamMorrison have to say, shall we?

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Justice Antonin Scalia

[I]f law school is to remain three years, costs have to be cut; the system is not sustainable in its present form. The graduation into a shrunken legal sector of students with hundreds of thousands of dollars of student debt, nondischargeable in bankruptcy, cannot continue. Perhaps — just perhaps — the more prestigious law schools (and I include William and Mary among them) can continue the way they are, though that is not certain. But the vast majority of law schools will have to lower tuition.

– Justice Antonin Scalia, in his commencement speech at William & Mary School of Law. More highlights from Justice Scalia’s remarks, after the jump.

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When it comes to annoying emails, deletion is often the better part of valor. Some irritating emails, such as ones from opposing counsel or clients, might require a response. But if you receive an annoying email that does not require a response, don’t respond. Simply delete (or archive) the offending message.

There’s no need to be a hero. There’s no need to publicly call out the sender for being annoying. If you have a burning desire to complain, shoot the sender a private email.

But look, this is just my personal opinion. One equity partner at a super-elite law firm apparently disagrees. After receiving three annoying firm-wide emails, he sent a firm-wide response aimed at chastising and humiliating the senders. In the end, though, he may have humiliated himself most of all….

(Please note the UPDATES below; the partner in question has his defenders.)

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The Houston legal market is hot — and a lot of the heat is being generated by Kirkland & Ellis. As we reported last month, K&E recently launched a Houston office with talent poached from a rival.

Kirkland hired Andrew Calder away from Simpson Thacher, for a reported $5 million a year for the next three-plus years. We’ve heard that these figures are a bit high — that he’s hitting the $5 million mark in his first year, thanks to a signing bonus, but not guaranteed at that level for the subsequent years — but there’s no denying that he’s being paid very, very well.

And there’s no denying that K&E will pay what it takes to break into the Houston market. Who’s the latest up-and-coming young partner to get invited into the Kirkland club?

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In-house legal jobs are growing in prestige. As our very own Mark Herrmann recently noted, in-house lawyers were once viewed as “the folks who couldn’t succeed at real jobs,” namely, jobs at firms. But that’s no longer true today, Herrmann argued, citing the trend of Biglaw partners leaving their firms for gigs as corporate counsel.

What is behind the growing allure of in-house jobs? Sure, the work is interesting and exciting, and yes, bossing around outside counsel is fun. But improving pay packages also play a role. As you can see from the rankings of America’s best-paid general counsel, GCs at top companies can take home millions.

And those rankings, by Corporate Counsel, focus on cash compensation. In-house lawyers can make many multiples of their cash comp through stock.

Take Vijaya Gadde, Twitter’s general counsel. She became GC less than a year ago, but she already owns tens of millions in TWTR shares, as revealed in recent reporting about the end of Twitter’s IPO lockup period….

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