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

Minnesota is beautiful this time of year.

Is having your back-office functions handled on-site — i.e., in the same location as the lawyers being serviced — now a luxury? More and more law firms are adopting the model of sending their administrative support functions to lower-cost locations.

Thanks to advances in technology, it’s no longer necessary to have your back office in the same pricey place as your lawyers. And it’s not surprising that firms are going in this direction when you consider the cost savings involved.

Which law firm expects to save millions of dollars a year by sending support staffers to the land o’ lakes?

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Justice Scalia: get off his lawn!

What is going on with the distinguished members of the Supreme Court of the United States? One of the justices recently got caught shopping at Costco.[1] Another just confessed to riding the bus — no, not the Metro, the bus.

Earlier this week, Justice Scalia dissented from the Court’s denial of certiorari in a very interesting Establishment Clause case, Elmbrook School District v. Doe. His dissent garnered media attention for the way he curmudgeonly railed against rock music (and got in a dig at Stravinsky).

But what jumped out at me was a different line in the opinion….

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Zephyr Teachout

I know I’m an underdog. But New Yorkers love underdogs!

– Professor Zephyr Teachout of Fordham Law School, who is running for governor of New York with Professor Tim Wu of Columbia Law School as her running mate.

(More about the professors’ foray into politics, after the jump.)

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Dr. N. Robert Riordan

Dr. N. Robert Riordan is a graduate of NYU School of Law and a former U.S. securities attorney for London- and Sydney-based Herbert Smith Freehills. After 10 years of practice in New York, London and Rome, he made the switch from corporate law to private practice as a clinical psychologist. Dr. Riordan now acts as a therapist to dozens of NYC attorneys. The following is the first of a two-part interview with Dr. Riordan.

ATL: The most obvious question first – why the switch from law to clinical psychology?

The short answer is: I grew up. I went to law school when I was 21 years old, and I went with the belief that a law degree would serve me well no matter what I ultimately opted to do in my professional life. I never intended to practice securities law for a decade, but the work was interesting and I was given the opportunity to live in some fascinating places. In time, and with the help of a therapist, I discovered my true professional interests.

ATL: Did you set out to work with attorneys when you started your private practice?

Throughout graduate school, because I was older and a former attorney, I was assigned to work with many professionals as clients. While I have a diverse array of clients, the majority are doctors, lawyers and bankers. We speak the same language.

ATL: Our readers will want to know why attorneys are seeking therapy. Can you discuss this topic?

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Zach Warren

Back in March, we wrote the following about Zachary Warren, the young lawyer hit with criminal charges arising out of his post-college, pre-law-school employment at Dewey & LeBoeuf: “we’ve heard rumors that in the coming weeks the DA’s office will show more of its hand — in ways that could materially affect our perception of Zach Warren. We reserve the right to change our opinion of him after additional facts emerge.”

Now some additional facts (or at least allegations) have emerged. As we noted in Morning Docket, the Manhattan District Attorney’s office just laid more of its cards on the table, in opposing Warren’s motion to have his trial severed from that of his more notorious co-defendants.

We have a copy of the government’s opposition. What revelations does it contain?

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Major law firms select their leaders in different ways. Some have a committee of partners do the picking, for example, while others have the outgoing leader designate her successor.

Rank-and-file partners often have little to no say in the selection. And, perhaps because the process is frequently run by a small group of people at the top, it doesn’t often come with much public drama. Yes, some firm leadership struggles boast intrigue worthy of Game of Thrones, but it’s generally kept under wraps.

At one prominent law firm, though, the entire partnership selects the managing partner in a firm-wide vote. This year’s election was contested — and not everyone is happy with the results….

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Clients are in the driver’s seat these days. Lawyers, even partners at prestigious and profitable firms, must bow and scrape before in-house counsel to land engagements.

It won’t be long before beauty contests actually include, well, beauty contests. What rainmaker worth his or her salt wouldn’t strip down to a swimsuit if required to do so as a condition of being hired? (Assuming that seeing the lawyer in swimwear would actually appeal to the client, that is.)

Not long ago, some Biglaw partners had to humiliate themselves in order to land a major matter. What did they have to do for the deal?

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If you appreciate the information and entertainment provided by Above the Law, please send us tips. You can reach us by email or by text message (646-820-8477).

Sometimes folks ask us, “What’s in it for me?” For example, on last week’s story about the epic UVA email screw-up, one reader wondered why UVA students told us about it in the first place.

Well, venting about something can be therapeutic. But sometimes tipping ATL can help people out in more specific and concrete ways. Here’s a great story involving a reader who emailed us about a problem that we helped to get fixed….

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Isn’t discovery fun?

You sometimes hear Biglaw litigators complain about courts not publishing enough opinions about discovery issues. Discovery (especially e-discovery) is such a major — and majorly expensive — part of the complex litigation in which large firms specialize, but there aren’t that many decisions on the books over such nuts-and-bolts issues as responsiveness, privilege, and work-product doctrines.

So it’s noteworthy that the Massachusetts Appeals Court just issued an opinion featuring extended discussion of the work-product doctrine. Some Boston Biglaw litigators will surely welcome the additional guidance on this subject.

But not all of Boston Biglaw will be pleased by this decision. Certainly not the major firm that could wind up getting hit with sanctions as a result….

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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:

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