Original Jurisdiction

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comOur independent judiciary has been described—accurately so, in my opinion—as “the crown jewel of our constitutional republic.” And when it comes to the federal judiciary, few of its members are as independent-minded as Judge Jed S. Rakoff. Judge Rakoff, 81, has served on the Southern District of New York since 1996. During his almost three decades on the bench, he has authored more than 2,000 opinions—many of them groundbreaking and headline-making, and some quite controversial.In addition to his prodigious judicial output, Judge Rakoff is a leading commentator on the American legal system. He contributes regularly to The New York Review of Books, and he wrote an excellent book of his own: Why the Innocent Plead Guilty and the Guilty Go Free, and Other Paradoxes of Our Broken Legal System (2021).With a new Term of the U.S. Supreme Court starting next week, I thought it would be interesting to interview Judge Rakoff about his latest column for The Review, which discusses the current Court—and doesn’t pull any punches. And in our conversation, Judge Rakoff didn’t walk back any of his criticism. When I asked him if he respects the Court, he artfully dodged—and later on in our interview, he described the Court’s rulings on gun control as not only “misguided,” but “immoral.”We found time to discuss fun stuff, too. We talked about his approach to clerk hiring—being in FedSoc is not a black mark—as well as his hobbies. In his spare time, he enjoys participating in international ballroom dance competitions (with his wife Ann), writing satirical lyrics to musical compositions, and officiating at weddings (91 and counting). Check it all out, in the latest Original Jurisdiction podcast.Show Notes:* Judge Jed Rakoff bio, U.S. District Court for the Southern District of New York* Hon. Jed S. Rakoff, by Luke McGrath for the Federal Bar Association* The Most Conservative Branch, by Judge Jed S. Rakoff for The New York Review of BooksPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.Where do I get my story ideas? Most arise organically out of the news, but some come from topic suggestions aka “pitches.” Sometimes pitches come from lawyers in the news, and sometimes they come from a lawyer or law firm’s public-relations or communications team—media-savvy professionals who work for attorneys and firms to help them secure favorable press (or avoid negative coverage).Over the years, one of my best sources of pitches has been Dawn Schneider. After graduating from law school, Dawn worked in communications for two major corporations, Johnson & Johnson and Altria. She then combined her legal and media expertise and pivoted to focus on law firms, serving as director of communications at Boies Schiller Flexner. And then, ten years ago this month, she launched her own media-advisory firm, Schneider Group Media—where she continues to work for leading lawyers and law firms, as well as clients beyond the legal realm, helping them navigate a challenging, rapidly evolving media landscape.I have a fair number of readers who are interested in “alternative careers”—roles that don’t involve practicing law, but where legal education and experience are valuable. So I thought it would be enlightening and enjoyable to interview Dawn, who has deployed her legal training and talent for communication in a cool and unusual way.Thanks to Dawn for joining me, and congratulations to her on Schneider Group Media’s tenth anniversary.Show Notes (Dawn doesn’t have much of an online presence—she prefers to keep the focus on her clients—but here’s her bio, as well as pieces I’ve written that resulted from her work):* Dawn Schneider bio, Schneider Group Media* On The Retirement Of Miles Ruthberg And The Rise Of Litigation At Latham & Watkins, by David Lat for Above the Law* A Leading Litigation Boutique Turns 25, by David Lat for Original Jurisdiction* Boies Schiller Star’s Ski Accident Tests Strength—and Builds It, by David Lat for Bloomberg LawPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.Defamation law and copyright law: I have a keen interest in both, which shouldn’t be surprising given what I do for a living. So two litigations I’ve been following closely are (1) the various defamation lawsuits brought by Dominion Voting Systems—including its case against Fox News, which settled for a whopping $787.5 million—and (2) the copyright lawsuit brought by The New York Times against OpenAI and Microsoft.Besides being fascinating cases with the potential to reshape the modern American media landscape, what do these matters share in common? The plaintiffs have the same lawyer: Susman Godfrey partner Davida Brook. Although she’s only 40, she has already been recognized as one of the nation’s top trial attorneys by Forbes, The American Lawyer, Law360, Lawdragon, and many other publications.Davida and I first met years ago, when I spoke at Stanford Law School and she was a student (yes, I’m that old). So I thought it would be fun to catch up by having her on the podcast—and it was.We discussed her impressive career path; the Dominion and Times cases, including their possible societal implications; and what it was like to work with and learn from the late Steve Susman, founder of Susman Godfrey and an all-time great courtroom advocate. You can tune into our conversation, covering these and many other subjects, in this new episode of the Original Jurisdiction podcast.Show Notes:* Davida Brook bio, Susman Godfrey* Meet America’s Top 200 Lawyers (2024), by Liane Jackson for Forbes* Lawyer Limelight: Davida Brook, by Katrina Dewey for LawdragonPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.Here’s a trivia question for devotees of Original Jurisdiction: excluding Supreme Court justices and Judge Aileen Cannon, who has been most frequently recognized in these pages as Judge of the Week? It’s a tie between a pair of four-time honorees: Judge James Ho (5th Cir.), whom I’ve previously interviewed, and Judge Kevin Newsom (11th Cir.)—my latest guest on the Original Jurisdiction podcast.This month marks the seventh anniversary of Judge Newsom’s appointment to the U.S. Court of Appeals for the Eleventh Circuit. And although seven years is not a long time by the standards of judicial service, Judge Newsom has already developed a national reputation as one of the sharpest thinkers and writers on the federal bench.How has he put himself on the map? Many of history’s most celebrated jurists have done so through dazzling dissents, such as Justice John Marshall Harlan, often called “The Great Dissenter,” and Justice Antonin Scalia.But Judge Newsom has done so through a more unusual vehicle: the concurrence (including the occasional self-concurrence, i.e., a concurrence to his own majority opinion). In a series of thoughtful and scholarly concurrences, he has tackled some of the messiest doctrinal areas and knottiest problems in American law, including standing, nondelegation, complex First and Second Amendment issues, the burden-shifting analysis of McDonnell Douglas v. Green, and jurisdiction under Bell v. Hood.Judge Newsom and I discuss why he writes these concurrences—plus Justice Elena Kagan’s critique of superfluous concurrences, how to hire great law clerks (and feed them to the Supreme Court), and the potential utility of AI for originalism—in the latest episode of the Original Jurisdiction podcast.Show Notes:* Judge Kevin C. Newsom bio, U.S. Court of Appeals for the Eleventh Circuit* Remarks of Judge Kevin C. Newsom, Harvard Journal of Law & Public Policy* Interview of Judge Kevin Newsom, by David Oscar Markus for For the DefensePrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here. Thanks!By next Thursday, August 16, creditors must vote on whether to approve the Chapter 11 liquidation plan of FTX, the once high-flying cryptocurrency exchange. FTX’s former CEO, Sam Bankman-Fried aka SBF—the son of two Stanford law professors, who went on to become one of the world’s youngest billionaires—is behind bars. He’s in the process of appealing his convictions for fraud, conspiracy, and money laundering, as well as his 25-year prison sentence.Ryne Miller served as general counsel of FTX US, one of several corporate entities that was part of the sprawling FTX empire. Working out of New York, he was not part of SBF’s high-living, Bahamas-based inner circle. But after a fateful phone call in November 2022 from SBF’s father, Joe Bankman, informing Ryne of a multibillion-dollar “liquidity hole”—some $8 billion to $10 billion in FTX customer deposits that had somehow gone missing—he played a crucial role in responding to the situation. By the end of that week, FTX was in bankruptcy.Why did Ryne leave a partnership at Sullivan & Cromwell, one of the world’s leading law firms, to become the GC of FTX US? Should he have noticed certain red flags at the company, such as the lack of a board or a weak compliance function? What lessons does he draw from his time at the company? And how is he putting them to work today at his new law firm, Miller Strategic Partners, which marks its one-year anniversary next month? Ryne and I covered all this and more, in the latest edition of the Original Jurisdiction podcast.Show Notes:* Ryne Miller bio, Miller Strategic Partners* Former FTX general counsel starts his own law firm, by MK Manoylov for The BlockPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comOne of the most consequential developments of the last Supreme Court Term was the overruling of Chevron v. Natural Resources Defense Council, Inc., the 40-year-old precedent directing courts to defer to agencies’ reasonable interpretations of ambiguous statutes. It came about through two cases: Relentless, Inc. v. Department of Commerce, argued by Roman Martinez, and Loper Bright Enterprises v. Raimondo, argued by former U.S. solicitor general Paul Clement (a past podcast guest).Today I’m pleased to be joined by Roman Martinez. One of the leading Supreme Court advocates of his generation, Martinez, 45, has argued 14 cases before the Court. But none has been as consequential—or controversial—as the aptly named Relentless.How does Martinez respond to claims that Relentless will have relentlessly negative consequences for American society? We explore the implications of the overturning of Chevron—along with Martinez’s clerkships for then-Judge Kavanaugh and Chief Justice Roberts, his thoughts on the old versus new SCOTUS argument formats, his style as a Supreme Court advocate, and his “secret weapon” in preparing for high-court appearances—in the latest Original Jurisdiction podcast.Show Notes:* Roman Martinez bio, Latham & Watkins* Roman Martinez profile, Chambers and Partners* 40 Under 40: Roman Martinez, Washington Business JournalPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comAre we all originalists now? Definitely not; originalism has no shortage of critics.But as the latest Term of the U.S. Supreme Court made clear, originalism is the dominant mode of constitutional interpretation at One First Street today. As the justices debate the doctrine’s finer theoretical points, such as the proper use of history and tradition, it’s clear that the debate is no longer “originalism or not originalism,” but “which originalism” or “whose originalism.”So it’s more important than ever to understand the originalist mindset. And if you’re looking for help on that front, I have a book recommendation: Professor Randy Barnett’s new memoir, A Life for Liberty: The Making of an American Originalist. As promised by its subtitle, the book provides excellent insight into originalism as a theory—but as an engaging and enjoyable memoir, it’s far more fun to read than any casebook or treatise.What drew Randy Barnett to originalism? Why does he view his losses in two landmark Supreme Court cases—Gonzales v. Raich, a Commerce Clause challenge to criminalizing medical marijuana, and NFIB v. Sebelius, a nearly successful effort to topple the Affordable Care Act—as victories of a sort? Why did he decide to write a memoir—and why does he think you should, too? All this and more is revealed—on the latest episode of the Original Jurisdiction podcast. Show Notes:* Randy E. Barnett bio, Georgetown University Law Center* A Life for Liberty: The Making of an American Originalist, Amazon* Libertarianism Updated, by Randy E. Barnett for Law & LibertyPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comHappy Pride—and happy June 26. As the Supreme Court hands down its final decisions of the Term over the next few days, it’s worth reflecting on how June 26 is the day the Court issued three of its landmark gay-rights decisions: Lawrence v. Texas (2003), United States v. Windsor (2013), and Obergefell v. Hodges (2015).Obergefell was issued in 2015, the same year that my husband Zach and I got married. And I would say that we—and really all married same-sex couples in the United States—owe a debt of gratitude to my podcast guest for today: Evan Wolfson, founder of Freedom to Marry, the groundbreaking campaign that won marriage equality in the United States and ignited a global movement. Evan has garnered many awards for his work over the years, including recognition as one of the 100 most influential lawyers in America by The National Law Journal and one of the 100 most influential people in the world by Time Magazine.What led Evan to focus his career on the fight for same-sex marriage? What was his thinking in launching Freedom to Marry? What are some secrets of the success of the marriage-equality movement? And what lessons can it offer to other struggles for social justice?Check out our conversation to learn all this and more. Thanks to Evan for joining me—and for his decades of work in advancing marriage equality and LGBTQ rights, both in the United States and around the globe.Show Notes:* Evan Wolfson bio, Dentons* What the Freedom to Marry Campaign Can Teach Middle East Peacemakers, by Evan Wolfson for U.S. News & World ReportPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comI’ve been honored to have some of the nation’s leading litigators on this podcast. But I have not had a guest who’s both a renowned courtroom advocate and parent of 11 children—until today.Meet Michael Williams. After graduating from Georgetown Law, summa cum laude and first in his class, he clerked for then-Chief Judge Douglas H. Ginsburg of the D.C. Circuit and Justice Anthony M. Kennedy of the Supreme Court. Mike then joined the D.C. office of Kirkland & Ellis, where he is a share aka equity partner. He has won numerous honors and accolades over the years, recognized by Chambers and Partners, the Legal 500, and The American Lawyer, among others.Despite his dazzling legal career, Mike is most proud of being a dad. He had his first child while still in law school, two children during his clerkships, and eight children during his time at K&E. In our conversation, we talked about his contrasting clerkship experiences; what it’s like being a litigator at Kirkland, including how the firm has evolved over the years; why at heart he’s more of a trial rather than an appellate lawyer; and most importantly, how he balances his busy practice with the demands of parenthood (although note that he’s not a fan of the term “work-life balance”).Kudos to Mike on all his professional and personal success, and early wishes for a happy Father’s Day to him and all the other dads out there.Show Notes:* Michael F. Williams, P.C., Kirkland & Ellis* Michael F. Williams profile, Chambers and Partners* How Does He Do It? Kirkland Partner at Home With 11 Kids, by Vivia Chen for Law.comPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWhat’s the most widely cited legal book in the world? If you guessed Black’s Law Dictionary, then congratulate yourself. Henry Campbell Black published the first edition in 1891, and today it’s a must-have for every lawyer and law student. I even make an appearance in Black’s as the coiner of the term “benchslap,” defined as “a judge’s sharp rebuke of counsel, a litigant, or perhaps another judge.”Who decides whether a term has gained sufficient traction to make it into Black’s? That would be Bryan Garner, the prominent legal lexicographer, lawyer, and legal-writing expert. In the latest episode of the Original Jurisdiction podcast, he explains how he and his colleagues determine whether a neologism has made the cut.This is actually a bonus episode of the podcast, since I posted an episode last week and I’ll have another episode next week. What’s the occasion? Today marks the publication of the twelfth edition of Black’s Law Dictionary. If you’re looking for a graduation or back-to-school gift for a law student, or maybe a Father’s Day gift for a #LawDad in your life, order your copy today.Thanks to Bryan for joining me, and congratulations to him and his team on the latest edition of Black’s Law Dictionary.Show Notes:* Bryan A. Garner bio, LawProse* Black’s Law Dictionary (12th ed.), Amazon* Black’s Law Dictionary: An Interview with Bryan A. Garner, by David Lat for Above the LawPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comContinuing my M&A miniseries here at Original Jurisdiction, I wanted to welcome another dealmaker to the podcast. And as Asian American and Native Hawaiian/Pacific Islander Heritage Month draws to a close, I wanted to interview another AANHPI attorney, including some discussion of their family’s story and how their identity might have shaped their career.So I was delighted when Paul Shim agreed to join me. A partner at Cleary Gottlieb since 1996, Paul is an established star of the M&A bar, Chambers-ranked in that elite specialty for more than two decades. And we share a few things in common: we’re both the children of Asian immigrants, we both grew up in New Jersey, and we both live in the Garden State today (in neighboring towns, in fact).Paul’s parents immigrated to the United States after the Korean War. Following in the footsteps of his father, who holds a Ph.D. in engineering, Paul studied the subject at MIT, earning a master’s degree in chemical engineering. So how did Paul end up in M&A as opposed to, say, IP law? What skills does he credit for his success in this high-stakes, high-stress practice area? And how has his AAPI background contributed to everything from his choice of firm to his style as a dealmaker?Listen to our conversation for the answers to these questions and more—including one of my favorite responses to the final question I pose to all my guests, a request for career or life advice. We can all benefit from Paul’s wisdom, and I’m so glad and grateful that he was able to join me.Show Notes:Paul Shim bio, Cleary Gottlieb Steen & HamiltonPaul Shim profile, Chambers and PartnersLawyer Limelight: Paul Shim, by LawdragonPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comAfter my fascinating conversation with Rodge Cohen of Sullivan & Cromwell, I wanted to interview another transactional lawyer for the Original Jurisdiction podcast. But to mix things up, I wanted to speak with an up-and-coming dealmaker rather than a senior statesperson. And because May is Asian American and Native Hawaiian/Pacific Islander Heritage Month, I was hoping to feature a lawyer of AANHPI descent.Meet Shanu Bajaj, a mergers and acquisitions partner at Davis Polk & Wardwell. Although she hasn’t been a partner for long, Shanu has already been recognized as a star of the M&A bar. In February, she took the #3 spot in the MergerLinks ranking of Top Female M&A lawyers in North America. In March, The American Lawyer named Shanu one of its 2024 Dealmakers of the Year, based on her representation of ExxonMobil in 2023’s largest transaction, the oil giant’s $59.5 billion purchase of Pioneer Natural Resources.What drew Shanu to M&A as a practice area? What are two abilities that she views as especially important for transactional attorneys? How does she describe her personal style as a dealmaker? And what are her tips for making partner in Biglaw, during a time when the rewards are richer—but the odds are longer—than ever?Thanks to Shanu for taking the time to tackle these and many other topics with me, and congratulations to her on the well-deserved recognition of her talents. And with decades of deals ahead of her, she’s just getting warmed up.Show Notes:* Shanu Bajaj bio, Davis Polk & Wardwell* The 2024 Dealmakers of The Year, The American Lawyer* Which M&A Attorneys Drove the Most Business as Deal Leads?, by Patrick Smith for The American LawyerPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comIt might seem odd to bestow the title of “titan” upon someone once described in the New York Times as standing five-foot-two and weighing 100 pounds wet. But if you know anything about banking M&A and regulatory work, you know that H. Rodgin Cohen, senior chair of Sullivan & Cromwell, is a true giant of the field.For more than 50 years, Rodge Cohen has practiced at the pinnacle of financial-services law. He’s played a role in many historical events over the decades, including New York City’s fiscal crisis, where he helped rescue the city from the brink of bankruptcy in 1975; the Iran hostage crisis, where he counseled American banks that released frozen Iranian funds, part of the deal that led to the 1981 release of the hostages; the 2008 financial crisis, where he represented the buyer or the seller in seemingly every major bank deal; and efforts last year to save Silicon Valley Bank and First Republic Bank.In my latest podcast episode, I interview Rodge about his remarkable career, including his involvement in the aforementioned, headline-making events. But we also cover his childhood in West Virginia, his advice for how to succeed as a deal lawyer, and even his theater and reading recommendations—because despite his demanding practice, Rodge somehow finds the time to see numerous shows and read tons of books. (One recent work we both recommend is Paula Vogel’s Mother Play, which yesterday snagged four Tony Award nominations, including Best New Play.)For my first-ever interview of a corporate or transactional attorney (as opposed to a litigator), I wanted to get a big name—and Rodge Cohen is one of the biggest and best in the business. I guessed that he would be “too big to fail”—and if you listen to our enjoyable and wide-ranging conversation, you’ll see that I was right.Show Notes:* H. Rodgin Cohen bio, Sullivan & Cromwell* H. Rodgin Cohen profile, Chambers and Partners* Trauma Surgeon of Wall Street, by Alan Feuer for the New York Times* The Banking Industry’s Go-to Crisis Adviser, by DealBook for the New York TimesPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWould you want to be a law school dean in the year 2024? The once-coveted post seems less fun, given the tension and polarization on university campuses these days, as well as more challenging than ever. One misstep or missed goal—a free-speech controversy gone viral, a fundraising target unmet, a double-digit drop in your school’s U.S. News ranking—and you could be out of a job.Surviving to the end of one’s term as dean is already an accomplishment. Concluding a deanship with multiple achievements unlocked is even more impressive.It’s difficult, but not impossible—as reflected in the record of Dean Risa Goluboff (pronounced REE-suh GOL-u-buff, in case you’re wondering). When her eight-year term as dean of the University of Virginia School of Law ends on June 30, she can take pride in around three dozen new faculty hires, completion of a $400 million capital campaign (more than a year ahead of schedule), and a #4 ranking in U.S. News—the highest in the history of the school.What are some of the secrets of Dean Goluboff’s success? What does she view as the two biggest challenges facing American law schools today? And what is her excellent advice… about how to respond to advice?Learn all this and more by listening to our podcast conversation. Thanks to Dean Goluboff for joining me, and congratulations to her on such a successful deanship.Show Notes:* Risa Goluboff bio, UVA Law School* Dean Risa Goluboff To Step Down in 2024, Concluding History-Making Tenure, by Mary Wood for UVA Law School* Common Law (hosted by Dean Risa Goluboff), Apple PodcastsPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here. Thanks!How many Supreme Court advocates wind up with three or more arguments in the same Term? Some of my past podcast guests—like Lisa Blatt, Paul Clement, Neal Katyal, and Kannon Shanmugam—can claim this distinction. But it’s very, very rare (especially if you don’t work—or have never worked—in the Office of the Solicitor General).What’s even more rare is having three oral arguments in your very first Term arguing before the Court. But Easha Anand, the 38-year-old co-director of Stanford Law School’s renowned Supreme Court Litigation Clinic, just pulled off this feat—which is why I was so eager to have her as a guest on the Original Jurisdiction podcast.How did Easha wind up in law school, after a promising journalism career that included stints at the New Orleans Times-Picayune and the Wall Street Journal? How did she wind up with three Supreme Court arguments in the same Term? And what are her three pieces of advice for first-time SCOTUS advocates?Listen to our podcast interview to find out. Congratulations to Easha on the unanimous win in her first argued case, thanks to her for joining me, and good luck to her in what I predict will be a long and successful career arguing at One First Street.Show Notes:* Easha Anand bio, Stanford Law School* Stanford’s Anand Argues Whistleblower Case in High Court Debut, by Lydia Wheeler for Bloomberg Law* Supreme Court Bar’s Breakout Lawyer This Term Started Out in Journalism, by Jimmy Hoover for the National Law JournalPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here. Thanks!Chris Christie has had an interesting and eventful career in public life. He served as U.S. Attorney for the District of New Jersey from 2002 to 2008, then as Governor of the Garden State from 2010 to 2018. And he was a candidate for the 2024 Republican presidential nomination, until his January withdrawal from the race.People tend to have strong opinions about Christie. Some respect his outspoken criticism of Donald Trump, which was the centerpiece of his presidential campaign. Others do not—perhaps because they support Trump, or perhaps because they can’t forgive Christie for having been for Trump before he was against him. (In some ways Christie is his own harshest critic for this, admitting in his speech withdrawing from the race that he endorsed Trump because he put personal ambition over what he knew was right.)I’m not a neutral observer when it comes to Chris Christie. I worked for him as an assistant U.S. attorney from 2003 to 2006, and I like and respect him a great deal. As we discuss at the start of this podcast episode, I’m especially grateful for how he dealt with me in the wake of the scandal over my very first blog, Underneath Their Robes. But that didn’t stop me from asking him difficult questions on the podcast, including his biggest regrets—yes, he talks about Bridgegate—and whom he might vote for in the presidential election. We also review his legal career, including his advice for law students and his three biggest cases as U.S. Attorney.Congratulations to Governor Christie on his latest book—What Would Reagan Do? Life Lessons from the Last Great President, which we discuss on the podcast—and thanks to him for both his past kindness and willingness to join me today.Show Notes:* Chris Christie bio, Christie 55 Solutions* What Would Reagan Do? Life Lessons from the Last Great President, AmazonPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWould you leave a thriving law firm to strike out on your own? Many risk-averse lawyers would not, but David Elsberg has done so—twice.In 2018, David left Quinn Emanuel to launch Selendy Gay, later Selendy Gay Elsberg—which today is one of the nation’s top litigation boutiques. Then last month, he made the news again with the launch of Elsberg Baker & Maruri, which he co-founded with former colleagues from both Quinn Emanuel and Selendy Gay.David is one of the country’s leading commercial litigators—according to Chambers, Law360, Lawdragon, and Benchmark Litigation—and in this new episode of the Original Jurisdiction podcast, we discussed his career as a trial lawyer. But I was just as interested in getting his thoughts on two topics that have been on my mind a fair amount lately.First, why are so many great lawyers, especially litigators, leaving Biglaw to launch boutiques? And second, if you could design a law firm from the ground up, how would you structure it? David and his new partners have put a lot of thought into institutional design—and their firm bucks Biglaw trends in several different ways, as he explained to me in our conversation.Congratulations and good luck to David and his colleagues on the launch of their new firm. Based on his track record as both a litigator and a founder, I’m predicting great success for David and Elsberg Baker & Maruri.Show Notes:* David Elsberg bio, Elsberg Baker & Maruri PLLC* Wall Street Litigation Firm Starts With Selendy Gay Recruits, by Tatyana Monnay for Bloomberg Law* Selendy Gay Founder, Quinn Emanuel Partners To Form New Law Firm, by Sara Merken for Reuters* Selendy Gay’s David Elsberg, Quinn Emanuel Partners To Launch New Litigation Boutique, by Dan Roe for the New York Law JournalPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here. Thanks!What does it feel like to call out Donald Trump—with Trump sitting five feet away?Not many lawyers have had that experience, but Shawn Crowley has. Along with Roberta Kaplan, a previous guest on this podcast, Crowley represented writer E. Jean Carroll in her defamation lawsuit against former president Donald Trump. Delivering a closing statement that the New York Times called “an animated and passionate rebuttal,” Crowley called on the jury to “make him pay enough so that he will stop” defaming Carroll—which the jury did, issuing an $83.3 million verdict.The 40-year-old Crowley is one of the country’s leading trial lawyers. During her six-plus years as an assistant U.S. attorney in the Southern District of New York, she worked on several headline-making cases—including the trial and conviction of the so-called “Chelsea Bomber,” Ahmad Khan Rahimi, for perpetrating a terrorist attack in the Chelsea neighborhood of Manhattan in October 2016.You’ll be hearing a lot more about Shawn for years to come, so get to know her through this wide-ranging podcast interview. And congrats again to her and her colleagues at Kaplan Hecker & Fink on an epic win.Show Notes:* Shawn G. Crowley bio, Kaplan Hecker & Fink LLP* Jury Orders Trump to Pay Carroll $83.3 Million After Years of Insults, by Benjamin Weiser, Jonah E. Bromwich, Maria Cramer, and Kate Christobek, for the New York Times* E. Jean Carroll attorney: Trump verdict proves ‘your lies’ catch up to you, All In With Chris HayesPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here. Thanks!In part one of my two-part interview of David Boies, I asked the famed trial lawyer to do what he does best: analyze cases and controversies. In part two, we turned to a topic that’s closer to home: David Boies.My husband Zach tells me that I’m too soft as an interviewer. Trying to prove him wrong, I asked David some tough questions about sensitive subjects. Do you rue the day you met Elizabeth Holmes? What do you regret about your work for Harvey Weinstein? Why doesn’t Boies Schiller Flexner have an anti-nepotism policy? What will be in your Times obituary?I’ve interviewed David on multiple occasions over the years, and we’ve never had any tense moments—until now. If you usually read my podcast interviews, you might want to listen to this one.David fielded my aggressive questions thoughtfully, eloquently, and graciously—which is exactly what I expected of this legal lion. But listen for yourself and reach your own verdict on David Boies.Show Notes:* David Boies Pleads Not Guilty, by James B. Stewart for the New York Times* The Bad, Good Lawyer, by Andrew Rice for New York MagazinePrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

I’ve come full circle. A little more than three years ago, I launched Original Jurisdiction with an interview of superstar litigator David Boies, 82, one of the most famous living American lawyers. Now I’m speaking with him again, this time for a special two-part podcast interview.In today’s interview, part one of two, David discusses current events. Most notably, given his representation of Al Gore in Bush v. Gore, he’s critical of attempts to keep Donald Trump off the ballot based on Section Three of the Fourteenth Amendment, from both consequentialist and constitutional perspectives. He’s also not a fan of most of the criminal and civil cases targeting the former president.This is just part one; in part two, David and I will focus on his life and career. And fear not, dear listeners: I will “go there” and ask about Harvey Weinstein, Elizabeth Holmes, the near-implosion of Boies Schiller Flexner, and other sensitive subjects.In the meantime, enjoy part one of my conversation with David Boies. Whether or not you agree with him, he always has interesting things to say.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com. This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe