Original Jurisdiction, 1200 Morris Turnpike, Suite 3005, New York, NY (2024)

11/14/2024

Theodore “Ted” Olson, the renowned Supreme Court and appellate advocate, passed away on November 13 at the age of 84. The cause was a stroke, according to his wife, Lady Booth Olson.

His death was announced by his longtime law firm, Gibson Dunn. Chair and managing partner Barbara Becker said, “Ted was a titan of the legal profession and one of the most extraordinary and eloquent advocates of our time. He was creative, principled, and fearless—a trailblazing advocate who cared about all people. We mourn his loss profoundly and send our condolences to his wife Lady, a cherished member of our firm family, and to all of Ted’s loved ones.”

I wrote about Ted's remarkable life and legal career, as well as my own personal interactions with him, over at Original Jurisdiction.

https://bit.ly/3UUeZ0D

The former U.S. solicitor general and longtime Gibson Dunn partner devoted his life and legal career to liberty, equality, and the rule of law.

11/11/2024

Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I send out each weekend to subscribers of Original Jurisdiction, my Substack newsletter. In this edition: White House counsel contenders, SCOTUS retirement speculation, Project Veritas v. CNN, and optimism about M&A work.

Thanks to BriefCatch for sponsoring. Please join me and Ross Guberman for a great webinar on Wednesday, November 20, "The AI Revolution in Legal Writing." I'll post the registration link in the comments.

And thanks to Lateral Link for sponsoring the Job of the Week, an opportunity for a labor and employment associate in Los Angeles. I'll post the information in the comments as well, and interested candidates can reach out to Buddy Broome at [email protected] or 310-401-1008.

Thanks to all of you for your readership, and have a great week!

https://bit.ly/3UQ3cR1

White House counsel contenders, SCOTUS retirement speculation, Project Veritas v. CNN, and optimism about M&A work.

11/06/2024

If you ever get prosecuted by the U.S. Attorney’s Office for the Southern District of New York, I wish you luck—because you’ll need it. “The Office” has a very high conviction rate—and, like most U.S. Attorney’s Offices, the vast majority of its convictions get affirmed on appeal.

If you want to maximize your chances of either prevailing at trial or on appeal against the S.D.N.Y., then you should call Alexandra Shapiro (if you can afford her). She’s the rare lawyer who can go up against The Office and win—whether at trial, in the Second Circuit, or before the U.S. Supreme Court.

Alexandra currently represents two high-profile defendants going up against The Office: FTX founder Sam Bankman-Fried, appealing his fraud convictions to the Second Circuit, and Sean “Diddy” Combs, scheduled to go to trial in May 2025 on sex-trafficking and racketeering charges. She discusses these cases (to the extent that she can)—as well as her own interesting and impressive career, why she left Latham & Watkins to launch Shapiro Arato Bach LLP, her approach to crafting appellate briefs, and her legal thriller, Presumed Guilty (2022)—in the latest episode of the Original Jurisdiction podcast.

Thanks again to Alexandra for joining me, and thanks to NexFirm for sponsoring. If you'd like to follow in her footsteps by leaving Biglaw to launch your own boutique firm, contact NexFirm for a complimentary consultation.

https://bit.ly/48B5Akp

A former RBG clerk, Manhattan federal prosecutor, and Latham partner, Shapiro now handles high-profile cases at her own litigation boutique.

11/04/2024

Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I send out each weekend to subscribers of Original Jurisdiction, my Substack newsletter. In this edition: a big win for Kirkland and Covington, district judges going rogue, a major circuit split, and a potentially consequential partner departure. Thanks to Progress ShareFile for sponsoring!

And thanks to Lateral Link for sponsoring the Job of the Week, an opportunity for talented corporate lawyers in Los Angeles. I'll post the information in the comments, and interested candidates can reach out to Susan Agopian at [email protected].

Thanks to all of you for your readership, and have a great week!

https://bit.ly/4fasUrr

A big win for Kirkland and Covington, district judges going rogue, a major circuit split, and a potentially consequential partner departure.

10/30/2024

With a contentious election just around the corner, tensions are running high, and it’s easy to focus on what divides us. So my latest podcast interview, featuring Judge Kenneth Lee of the U.S. Court of Appeals for the Ninth Circuit, is quite timely. The son of immigrants from South Korea—and an immigrant himself, who came to the United States at age four—Judge Lee still believes in the greatness of America.

In our conversation, Judge Lee and I discussed his parents, including the challenges they faced after arriving in the U.S.; his high-powered legal career, including stints at Wachtell Lipton Rosen & Katz, the White House Counsel’s office, and Jenner & Block; the best and worst parts of being a judge; his philosophy of legal writing; and his approach to law clerk hiring. We also looked back on our time together at Wachtell, which is where we first met, some 23 years ago—and where Ken racked up billable hours that you’ll find hard to believe. But as his former colleague, I can attest that he works incredibly hard—now in service to the Constitution and laws of the United States.

Thanks to Judge Lee for joining me, and thanks to NexFirm for sponsoring!

https://bit.ly/48vkMzh

A judge on the Ninth Circuit since 2019, Judge Lee extols the virtues of public service, building relationships, and the United States of America.

10/29/2024

Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I send out each weekend to subscribers of Original Jurisdiction, my Substack newsletter. In this edition: Susman Godfrey's $1.6 billion win, Kobre & Kim’s $605 million jury verdict, possible AG picks for Donald Trump, and a prominent litigator turned NYC mayoral candidate..

Thanks for your readership, and have a great week!

https://bit.ly/3YmgHJm

Susman’s $1.6 billion win, Kobre’s $605 million jury verdict, possible AG picks for Donald Trump, and a prominent litigator turned NYC mayoral candidate.

10/25/2024

Last week, Redgrave LLP, a leading e-discovery and information-law boutique, announced the arrival of three new partners—Robert Keeling, Ray Mangum, and Kristen Knapp—along with seven other lawyers in Washington, D.C. The group came from Sidley Austin, where Keeling founded and co-led the e-discovery practice.

Earlier this week, I interviewed Jonathan Redgrave, who co-founded the firm in 2010, and Keeling. We discussed the arrival of Keeling’s group—major news in the e-discovery world, where both Keeling and Redgrave are prominent practitioners. We also covered broader trends in e-discovery and information law—including, of course, the impact of generative artificial intelligence (Gen AI).

Here's my write-up for Original Jurisdiction. Thanks to Jonathan and Robert for their time and insight.

https://bit.ly/3ApWdXU

As e-discovery grows more complex, expect more specialization in the field.

10/21/2024

Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I send out each weekend to subscribers of Original Jurisdiction, my Substack newsletter. In this edition: a justice under indictment, Elon Musk’s latest lawsuit, a MAGA legal warrior, and a Biglaw firm’s aggressive response to a discrimination lawsuit. Thanks to BriefCatch for sponsoring.

And thanks to Lateral Link for sponsoring the Job of the Week, an opportunity for a top-tier energy infrastructure associate in Washington, D.C. I'll post the information in the comments, and interested candidates can reach out to Vered Krasna at [email protected].

Thanks to all of you for your readership, and have a great week!

https://bit.ly/3Uki0XT

A justice under indictment, Elon Musk’s latest lawsuit, a MAGA legal warrior, and a Biglaw firm’s aggressive response to a discrimination lawsuit.

10/17/2024

On Monday of last week, the customary first Monday of October, the U.S. Supreme Court kicked off October Term 2024. So I thought it might be a good idea to offer an overview of the 2024-2025 Term on the Original Jurisdiction podcast.

And I could think of no better guide to the new SCOTUS Term than Morgan Ratner. I met Morgan this past July, when we participated in a Supreme Court “Year in Review” panel together, and I was struck by her talent for explaining complicated cases with exceptional clarity and accuracy.

Morgan’s knowledge of the Court shouldn’t come as a surprise. She has argued before the Court in nine cases, first as an assistant to the U.S. solicitor general and more recently as a partner at Sullivan & Cromwell. She clerked for two of the Court’s current members: then-Judge Brett Kavanaugh, during his time on the D.C. Circuit, and Chief Justice John Roberts.

Morgan graduated first in her class from Harvard Law School. Current and aspiring law students will be interested in—and perhaps surprised by—her advice on how to succeed in law school.

Thanks to Morgan for joining me, and thanks to NexFirm for sponsoring!

https://bit.ly/4eI7RN1

Ratner, 38, is a current Sullivan & Cromwell partner, former assistant to the U.S. solicitor general, and incredibly insightful analyst of the Supreme Court.

10/14/2024

Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I send out each weekend to subscribers of Original Jurisdiction, my Substack newsletter. In this edition: a Republican AG’s unusual reversal, SCOTUS’s openness to regulating ‘ghost guns,’ Cleary’s about-face, and more talent grabs by Kirkland and Paul Hastings.

Thanks to Lateral Link for sponsoring this edition of Judicial Notice as well as for the Job of the Week, opportunities for litigators with superb credentials in Miami or Washington, D.C. I'll post the information in the comments, and interested candidates can reach out to Abby Gordon at [email protected].

Thanks everyone, and have a great week!

https://bit.ly/3BT4hAN

A Republican AG’s unusual reversal, SCOTUS’s openness to regulating ‘ghost guns,’ Cleary’s about-face, and more talent grabs by Kirkland and Paul Hastings.

10/10/2024

As the father of a school-age child, I worry about bullying. But bullying extends well beyond the playground. It follows us into adulthood—and even into the legal profession, according to a noteworthy new report that was released last week.

Twenty-four percent of lawyers experienced bullying within the past year, the study found. It was based on responses from more than 6,000 Illinois lawyers who completed a survey commissioned by the Illinois Supreme Court Commission on Professionalism in fall 2023.

To learn more, check out my story for Original Jurisdiction, which includes comments from the study's co-authors, Roberta Liebenberg and Stephanie Scharf of The Red Bee Group LLC. Thanks to them for speaking with me—and for conducting this interesting research.

https://bit.ly/3Y2JT7T

Almost 1 in 4 lawyers experienced bullying within the past year, according to a survey of more than 6,000 attorneys.

10/07/2024

Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I send out each weekend to subscribers of Original Jurisdiction, my Substack newsletter. In this edition: fresh leadership for the Fifth Circuit, Kirkland’s latest coup, a noteworthy departure from the SEC, and a new boutique in a booming field.

Thanks to Lateral Link for the Job of the Week, an opportunity for a junior to midlevel U.S. capital-markets associate in Singapore. I'll post the information in the comments, and interested candidates can reach out to Evan Jowers at [email protected].

And thanks to ShareFile for sponsoring this edition of Judicial Notice. Have a great week, everyone!

https://bit.ly/3zRGGQt

Fresh leadership for the Fifth Circuit, Kirkland’s latest coup, a noteworthy departure from the SEC, and a new boutique in a booming field.

10/02/2024

Judge Jed 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. Thanks to Judge Rakoff for joining me, and thanks to NexFirm for sponsoring!

https://bit.ly/3ZOrTk5

Judge Rakoff, 81, isn’t afraid of sharing his opinions—even about the current Supreme Court, of which he’s not a fan.

10/01/2024

Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I send out each weekend to subscribers of Original Jurisdiction, my Substack newsletter. In this edition: a leading prosecutor takes on a top defense lawyer, a circuit judge calls out an AUSA, and another Am Law 100 firm grows by merger.

Thanks to Lateral Link for the Job of the Week, an opportunity for a New York business-litigation associate. I'll post the information in the comments, and interested candidates can reach out to Vered Krasna at [email protected].

Thanks everyone, and have a great week!

https://bit.ly/47L8tOW

A leading prosecutor takes on a top defense lawyer, a circuit judge calls out an AUSA, and another Am Law 100 firm grows by merger.

09/30/2024

Last week, two groups of rowdy protesters disrupted an in-person event at Berkeley Law. It appears that most of the protesters came from the outside. But as Dean Erwin Chemerinsky stated, "The protesters violated campus rules, and we will pursue accountability for any students involved."

https://bit.ly/3ZMt182 UC Berkeley School of Law

Although the event resumed over Zoom, the law school will ‘pursue accountability for any students involved.’

09/25/2024

What makes a judge a “superstar” of the federal bench? And how do appointees of former President Donald Trump fare in terms of achieving superstar status?

For a new paper, Professors Stephen Choi and Mitu Gulati evaluated the performance of 77 federal appellate judges who were 55 or younger in 2020, on the reasoning that these jurists have the right combination of youth and judicial experience to be considered for the U.S. Supreme Court in the near future.

The professors looked at productivity, influence, and independence. And they were surprised by what their research showed....

https://bit.ly/3ZDotAv

Two law professors ranked federal judges based on productivity, influence, and independence—and were surprised by the results.

09/23/2024

Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I send out each weekend to subscribers of Original Jurisdiction, my Substack newsletter. In this edition: the federal criminal case against Sean Combs, the killing of a Kentucky judge, a stinging benchslap in a high-profile case, and Cahill’s comeback.

Thanks to Lateral Link for the Job of the Week, an opportunity for a litigation associate in Los Angeles. I'll post the information in the comments, and interested candidates can reach out to Lauren Smith at [email protected].

Thanks everyone, and have a great week!

https://bit.ly/3Bcr0b1

The federal criminal case against Sean Combs, the killing of a Kentucky judge, a stinging benchslap in a high-profile case, and Cahill’s comeback.

09/18/2024

Where do I get my story ideas for Original Jurisdiction? 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 thanks to NexFirm for sponsoring!

https://bit.ly/4eqv3P8

A lawyer by training, Schneider now works with top lawyers and law firms as a media advisor and ‘curator of reputation.’