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

David Audlin

In January, we brought you word of a Florida state-court judge who posted a sex ad on Manhunt. We covered the news, first broken by JAAblog, since we are fond of stories about sexy judges. But we did not judge. Instead, Staci Zaretsky wrote of Chief Judge David Audlin, “more power to him if [the photos are] real. Everyone needs to get some, even judges.”

Last week, Judge Audlin resigned from the bench, apparently because of L’Affaire Manhunt. With all due respect to the judge, this strikes me as a bad decision….

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Professor Tim Wu

Sometimes what everybody thinks about the law is more important than what the law itself says. I think that’s what’s happened with net neutrality. It’s become a kind of norm of behavior, what you can and can’t appropriately do with the Internet. It’s got to be open.

– Professor Tim Wu of Columbia Law School, subject of a glowing profile in the New York Times for his work in defense of net neutrality.

(Fun tidbits from the profile that gunners and legal nerds will appreciate — specifically, how to land a Supreme Court clerkship with a weak grade in a 1L core class — after the jump.)

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Juan Monteverde and Alexandra Marchuk

The courtroom battle between Alexandra Marchuk and the litigation boutique where she once worked, Faruqi & Faruqi, rages on. As longtime readers will recall, Marchuk alleges that F&F partner Juan Monteverde sexually harassed her, in severe fashion, and that the firm’s leaders ignored his alleged misdeeds.

But no matter who wins in court, it’s possible to argue that the firm is ending up the loser. It has endured extensive bad publicity, and some of the resulting instability has apparently led to lawyer departures.

Who are the latest attorneys to defect from Faruqi & Faruqi?

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This Lawyerly Lair is on a pleasant, tree-lined block in Chelsea (click to enlarge).

No, we’re not talking about “law clerk” as in judge’s aide. It’s hard to afford a seven-figure home on a public servant’s salary. We’re talking about “law clerk” as in someone who’s working at a law firm, essentially as an associate, but is not yet an admitted attorney in the jurisdiction.

This “law clerk” and his partner, also a law school graduate, just picked up a spacious Manhattan co-op for a little under $1.7 million. Their housing hunt was chronicled in the pages of the New York Times. Let’s read more about them, and check out the place they finally chose….

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As Chief Judge Alex Kozinski recently wrote, “There is an epidemic of Brady violations abroad in the land. Only judges can put a stop to it.”

But judges need to know about prosecutorial misconduct in order to do anything about it. The public needs to be made aware of this important issue as well.

Last week, I interviewed Sidney Powell, a former federal prosecutor who has written a new book — a book that pulls no punches when it comes to her former colleagues at the U.S. Department of Justice….

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The first quarter of 2014 was relatively good for large law firms. But that hasn’t stopped major firms from trimming their ranks. In fact, some of the strong performance in the first quarter appears to be attributable to prudent management of expenses — including employee compensation.

This week brings word of still more layoffs. The latest reduction is sizable, affecting about 40 employees.

Which firm is making the cuts, and what is the mix between lawyers and staffers?

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Sorry, hunters of Supreme Court clerkships. We’re pretty sure that the justices are done hiring for October Term 2014. After Monday’s hiring update, we received a slew of new tips, almost filing up the OT 2014 roster. It’s time to start turning your hopes towards October Term 2015.

As we’ve mentioned before, we devote extra attention to the last clerks whose hirings we hear about. It’s the SCOTUS clerk version of the NFL draft’s Mr. Irrelevant.

So who are we missing? Let’s look at the updated list….

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Last week, the American Lawyer announced its eagerly anticipated Am Law 100 rankings, reflecting the financial performance of major law firms in 2013. On the whole, the news wasn’t bad. The elite firms did great, and most other firms eked out “modest, hard-won gains.” Am Law suggested that the big vereins underperformed, but that indictment might have been too harsh.

The Am Law data focuses on last year. What about last quarter? How are law firms doing in 2014 so far?

A new report from Citi Private Bank, a leading provider of financial services to leading law firms, has some answers….

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On Monday, we heard rumors of momentous events at Patton Boggs, the troubled law and lobbying firm. One of the rumors was that the partnership was holding a meeting to vote on something major — although what exactly was not revealed.

We reached out to Patton Boggs, which shot down the rumors of a meeting, so we ended up not doing a story. But there may have been some truth to reports of exciting goings-on at the firm — developments that could help the firm in its struggle for survival.

The firm just removed the albatross of litigation with oil giant Chevron from around its neck. As you may recall, Chevron sued Patton Boggs for PB’s representation of plaintiffs in an Ecuadorian environmental case that Chevron alleged was nothing more than a shakedown — a view that Judge Lewis Kaplan (S.D.N.Y.) vindicated in March.

But escaping from the Chevron quagmire did not come cheap for Patton Boggs. How much did the firm have to cough up to make this case go away?

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The arrival last week of the latest Am Law 100 rankings brought a hot-button subject back to the headlines: vereins.

As The Economist concisely explains, a verein is “a Swiss partnership that lets [law firms] maintain separate national or regional profit pools under a single brand.” For purposes of preparing its influential Am Law 100 rankings, the American Lawyer treats a verein as a single firm — a decision that some at non-verein firms object to.

Let’s hear some of the complaints — and then, interestingly enough, a defense of the vereins’ financial performance in 2013, which might have been better than Am Law suggested….

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