Above the Law - Thinking Like a Lawyer
Thinking Like A Lawyer is a podcast featuring Above the Law's Joe Patrice, Kathryn Rubino, and Chris Williams. Each episode, the hosts take a topic experienced by regular people and examine it through a legal framework, revealing either an awesome rainbow of thought or a disorienting kaleidoscope of issues. The show aims to be both informative and entertaining.
Episodes
Sex In Chambers Met With Slap On Wrist
A federal judge carried on a two-year affair with a high-ranking law enforcement officer by having sex in chambers and lying about it to investigators. The Eleventh Circuit responded with a private reprimand, concealing the judge's identity. But the judges didn't think through their anonymization strategy nearly well enough and AI cracked the case in minutes, revealing Judge Eleanor Ross of the No
Judge Orders Law Firm To Write Lesson On How Not To Be Naughty Lawyers
And the Federal Circuit's Schoolhouse Rock moment is as damning as it is embarrassing.
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Quinn Emanuel earned $3 million in sanctions from Judge Edward Chen, who described a "deeply disturbing" culture of lawyering. But worse, the judge ordered the team involved to complete an 8-hour ethics course that the firm itself must design. The Federal Circuit decided to put together a bizarre theme s
Don't Let The Client Write The Brief As A Treat
More on Biglaw's insider trading scandal and a rare feel good story.
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We keep learning more from Biglaw's insider trading scandal, with the identity of the Wachtell co-conspirator revealed. How did this scheme succeed for so long? The Department of Justice continued its battle to allow Trump to unilaterally rip up national monuments with another barely coherent brief. They may say "the cust
Stealth Layoffs And Sam Alito On Tilt
Also a major insider trading case strikes Biglaw.
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The legal industry as a whole continues to rake in cash, but a few firms have shown signs of trouble. Reports out of Paul Weiss bear all the hallmarks of a stealth layoff, with litigation associates being let go for "performance" issues that never came up before. Meanwhile, a recent megamerger firm found itself cutting back on supposed redu
Are There Any Adults Left At The Department Of Justice?
Comey snaps sea shells by the sea shore.
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A once-venerable institution, the Department of Justice is in disarray these days. The Attorney General got fired, multiple U.S. Attorneys have been booted as illegally appointed, judges have started doling out contempt charges, and Kash Patel is being openly branded J. Edgar Boozer. It got worse last week, as government lawyers filed a brief that -
Kash Patel's Terrible, Horrible, No Good, Very Bad Week
The Atlantic published an article based on multiple insider accounts describing low morale at the FBI, citing current director Kash Patel's drinking and frequent absences. Patel promised swift legal retaliation and made good with an underwhelming $250 million defamation complaint. Amidst this scandal, Patel took to the stage with Acting AG Todd Blanche to announce criminal charges against the Sout
Law Firms Are Drowning In Cash. Trump's PAC Is Drowning In Legal Bills.
And is Alito really going to retire?
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The 2026 Super Rich list has 37 firms clearing $1.45M RPL and $625K PPL thresholds after Am Law had to raise because last year's bar was too easy. Then Kirkland proved what super rich really means by dropping a guaranteed $80M over three years to snatch a star lawyer from Wachtell. The PAC Trump uses to pay lawyers is nearly $500K in the red and owes ro
Rankings Drama Hits Law Schools, Law Firms
And a crazy billing story.
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It's that time of year where publications look deep into the souls of complex, nuanced legal institutions and assign them a fixed ranking. U.S. News and World Report issued its latest law school rankings and for the first time ever, Yale has lost its death grip on first place. The rest of the T14 -- which isn't really a thing at this point, since its whole argume
Trump's Awful No Good Day At The Supreme Court
And Pam Bondi earned a pink slip.
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The Supreme Court heard oral argument on Trump's effort to erase birthright citizenship from the Constitution via executive order, and it went as poorly for the administration as expected. But that didn't deter Trump from taking the unprecedented step of attending the argument personally. The president didn't last the whole time though, heading for the exi
Afroman And Elon Had Very Different Trial Experiences
And the DOJ had an atrocious week.
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Rapper turned First Amendment hero Afroman took his frustration over a heavy-handed police raid on his Ohio home and turned it into music. When the officers sued him for millions for hurting their feelings, a jury told them to take their $3.9 million demand and pound it like lemon pound cake. Unfortunately, what happened to Afroman happens all the time i
AI Hallucinations And Judicial Derangements
And Legalweek talk.
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It was Legalweek last week, and we discuss the big happenings from the show -- which is pretty much all AI talk -- but while we saw splashy product announcements about the future of working as a lawyer within an AI-enhanced workflow, an assistant U.S. Attorney got bounced from the job for letting AI run too much of the workflow. But the most imaginative large language
John Roberts Suffers The Slings And Arrows Of Pure Rage Trump
And the bar examiners prove once again that they don't care about anyone but themselves.
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After striking down the Trump administration's tariffs, Chief Justice Roberts has earned nothing but disrespect and abuse from the president he put in power. From a hearty handshake and Trump telling him, "Thank you, won't forget it" last year to getting bypassed in the handshake line at this year's St
Supreme Court Airs Dirty Laundry
Things get testy down at the courthouse.
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The Supreme Court struck down Donald Trump's effort to use IEEPA to impose arbitrary tariffs across the world and in the process delivered around 170 pages of epic shade. Meanwhile, the administration informed prospective military lawyers that they're no longer allowed to attend the top law schools in the country, presumably because the Pentagon is
AI Takes The Blame, Epstein Takes The Careers
And law students finally get some good news.
With a Biglaw firm officially blaming staff layoffs on AI, what is it going to look like if and when layoffs come for lawyers? It's unlikely to look the same for every Biglaw business model. And it could look even more different for boutiques. Embattled Goldman Sachs chief legal officer Kathryn Ruemmler announced that she'd be leaving her role after he
Epstein Fallout Rocks Legal As Admin Tries To Deflect From ICE
This is likely only the beginning of the reckoning.
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As predicted on last week's episode, Brad Karp left the top post at Paul Weiss following the disclosure of friendly correspondence with Jeffrey Epstein. But Karp wasn't the only Biglaw lawyer in the files, nor were his conversations the most troubling. A former Clifford Chance trainee drafted a sex contract with Epstein, Goldman Sachs GC
Accountability In An Age Of Unaccountability
Between Epstein files and ethical breaches, a reckoning seems so close yet so far.
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A flurry of stories hit the legal world all at once last week, with the government responding to another ICE killing in Minnesota by... arresting journalists and dumping Epstein files. And while the Epstein files don't represent the entire universe -- or, perhaps, even the most relevant -- files about Epstei
Trump's Cook Case Looks Cooked
After taking a hacksaw to nearly a century's worth of congressionally approved independent agencies, the Supreme Court appeared to hit a wall during oral argument over Trump's attempted firing of Federal Reserve Governor Lisa Cook. The Unitary Executive Theory is all fun and games until the justices start worrying about their personal finances. Meanwhile, the Department of Justice now takes the po
Alienating Our Affections
Supreme Court hacking and the end of a Biglaw era.
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The Biglaw world continues to watch single-tier partnerships slip away with Sullivan & Cromwell joining the income partner trend. Will the industry have any single-tier firms left by the end of the year? Also former Senator and current Hogan Lovells lawyer Kyrsten Sinema tagged with an alienation of affection tort from her former bodyguar
Minnesota Becoming A Constitutional Law Issue-Spotter
And Judge Ho's auditioning for MAGA favor takes a disgusting turn.
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With polls showing more Americans now favor abolishing ICE than keeping it, a lot of people will be disappointed to learn that the law is set up to make it almost impossible to hold anyone accountable for killing Renee Good. From sovereign immunity, to the Federal Officer Removal Statute, to the decline of Bivens, to quali
2026 Prediction Time!
Welcome to another dumpster fire of a year.
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We begin the year by peering into our crystal balls and issuing some predictions for 2026. Who will be fired? What's going to happen with law schools? Is a big change on the horizon for Biglaw? Our predictions will inevitably be wrong, but we'll offer them with a lot of confidence -- just like AI would.
Also a whole lot of sports talk for a law
A Look Back At The 2025 Dumpster Fire
Three trends dominated this year's coverage.
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We've made it to the end of the year! And what do we have to show for it as a profession? Our most elite law firms signed deals rather than stand up for themselves in the face of illegal Trump bullying efforts. Others quietly tried to erase their history to avoid the administration's ire. But some firms did fight back and achieved consistent suc
Closing Out The Year With Mergers And Attacks On The Rule Of Law
Ho ho ho...gan Lovells merging.
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A critical analysis of the best variety of Coca-Cola product gives way to a conversation about law this week. Cadwalader ends its tumultuous year -- involving a Trump administration capitulation and a series of defections -- with a big quasi-transatlantic merger announcement with cross-Pond Hogan Lovells. Christmas came early -- to the extent anyone thinks o
At Least The Robots In The Coming War Against Humans Will Understand War Crimes
If you want 2025 in a nutshell, it doesn't get much better than a blundering Secretary of Defense bragging that the Pentagon bought an expensive, bespoke AI bot and it immediately started calling out the Trump administration for committing war crimes. As the legal industry ventures into a hallucinatory AI frontier, it's worth remembering that sometimes the bots outperform the human lawyers. At the
This Is Why We Have Bar Exams
And the DOJ continues to be a hot mess.
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Kim Kardashian is trying to enter the legal profession without a law school education. The bar exam is a deeply flawed and largely unnecessary test, but the best case for having some kind of licensing exam is to make sure anyone taking an alternative path to a law license meets the minimum requirements for a lawyer. Meanwhile, the Trump administratio
A Bad Week For Trump's Fake U.S. Attorneys
And a shorter summer associate program.
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While most of us celebrated Thanksgiving, some of Trump's phony U.S. Attorneys were the real turkeys. First, a conservative leaning panel of the Eleventh Circuit affirmed the million dollar sanctions against Donald Trump and the parking garage lawyer he claims to have running the District of New Jersey. Then his Eastern District cosplaying prosecutor
Bonus Season Begins In Earnest
Bonuses and botched prosecutions.
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Bonus season is underway, and Biglaw firms are lining up to reward associates for a year's worth of effort. The market scale -- unless some firm breaks rank and crashes the party -- tracks last year, which can be a bit anticlimactic, but with the economy possibly resting on the precipice of recession, this was probably all we could hope for. Also, we discu
Maybe The Legal Industry Has Just Lost All Sense Of Shame
But seriously, what would be a good legal dominatrix name?
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Biglaw recruiting director out after racist rant goes public. A squabble between lawyers and their former firm presents important lessons on document management, but we spend most of the time wondering about the best legally themed dominatrix names. And we talk about Paul Weiss getting heckled at the New York Bar Foundation awards
If The DOJ Fails Another Time, They Win A Free Sandwich
And Kirkland tries a little tenderness. FedSoc does not.
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The news that Kirkland had to teach its lawyers how to stop being mean to the private equity industry is incredibly funny. We're not saying Kirkland is getting a bad rap here, but when did corporate clients become such fragile snowflakes? The Federalist Society's annual meeting brought together the leading minds of the Trump legal mo
A Riot By Any Other Name...
DOJ punishing lawyers, the future of the billable hour, and dark times for public interest work.
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We talk about the DOJ lawyers suspended by the White House for calling January 6 a riot in a sentencing memo. and the conversation veers down a rabbit hole about the proper role of pardons. For years, the billable hour seemed like the cockroach of law firm management, but after surviving numero
Dispatches From The Collapse Of The Rule Of Law
And a Biglaw firm seeks help while an in-house attorney blows up her career.
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Catching up with the slice of the conservative legal movement who have stared into the moral abyss of the Trump administration and recoiled in horror. The Society for the Rule of Law held its annual summit and while many attendees voiced clear-eyed opposition, some continued to grapple with the cognitive dissonanc
No, Your Honor, I Didn't Call You That, I Was Talking About, Um, Bundt Cake
Also frivolous lawsuits and the insidiousness of dishonest analysis.
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Appeals court decides that some things are best left unsaid. And among those things are calling your judge the c-word. Just so we're clear, even though this was over Zoom, we're not talking about "cat." After trying to bully Michigan Law Review through litigation, the anti-DEI publicity hounds at FASORP have dropped the c
On Campus Hiring Is Broken, And This Isn't Helping
Just in time for the AI slop to take over.
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Some law firms are handing out recruiting entertainment budgets to law students. While we don't fault law students some sweet walking around money, placing that power in the hands of students highlights the breakdown in the law school recruiting process and a real risk of baking more bias into hiring. Why has Kirkland memory holes its incoming par
Is This The Beginning Of The End For The Bar Exam?
One can only hope.
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For a long time, the bar exam seemed like the nasty habit that the legal profession just couldn't quit. But there's finally some progress on that front, with Utah unveiling a new alternative pathway to licensure that values experience and the skills that an actual practitioner needs. We also check in on Cadwalader, where the firm brings on a new co-manager while taking s
All The Cool Kids Are Passing The Bar, All The Cooley Kids... Not As Much
Biglaw capitulators face new challenge and James Comey gets indicted.
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Perennially embattled Cooley Law School once again called out by the ABA over sagging bar passage rates. The school has been out of compliance with ABA standards since 2020, and now finds itself on probation with its accreditor. The last time something like this happened, Cooley sued the ABA into relenting. History is a
Nothin' Says Lovin' Like A Benchslap
Law firm fires lawyer over Kirk comments and law school announces new scholarships.
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Perkins Coie cut ties with an attorney over Charlie Kirk comments on social media. The remarks were measured and reasonable, but the firm is still fighting the Trump administration in court and -- seemingly -- does not want any distractions or mere appearance of bias. But is that a worthy excuse? A Pillsbur
A Tale Of Two Supreme Court Book Tours
Compare and contrast as ACB and Sotomayor ride (media) circuit.
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Amy Coney Barrett and Sonia Sotomayor are both hitting the talk shows and it's highlighting how awkward the nation's relationship with the Supreme Court really is. Barrett went on Fox and accurately stated that the Constitution prohibits Trump running for a third term. Then the host offered a "wink wink" prompt and she started
The Fundamental Dishonesty Of The Supreme Court
Law school is more expensive than it used to be... but barely more expensive!
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Federal judges have had to deal with more and more threats from conservatives whipped into up by the Trump administration rhetoric blasting judges blocking illegal executive orders, only to be unceremoniously overruled by the Supreme Court. Last week, multiple judges called out the Republican justices for issuing
DOJ Has Egg On Its Face
The Department of Justice is having a rough time getting those trumped up charges (pun intended) from the fed's takeover of D.C. to stick. Plus lawyer getting slammed for trying to use opposing counsel's premature baby as leverage. And infamous law professor Amy Wax has her legal case against University of Pennsylvania thrown out of court, but it's unlikely to be the end of her antics.
2400 Reasons To Brush Up That Resume
We know where some of those pro bono payola hours are going.
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Be prepared to be on the clock a lot longer at King & Spalding, where the firm has introduced a 2400 hour “productive” time target. In other words, attorneys will have to figure out how to describe 2400 hours worth of work to the firm’s billing software every year. This seems to follow the overarching retreat from the work from h
The Sandwich Is Mightier Than The Sword
Law firms get some worrying numbers from last quarter.
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The new D.C. folk hero who threw a sandwich at Trump's surge publicity stunt turned out to be a DOJ attorney. He's been fired because this administration will not stand for disrespecting law enforcement... unless they're trying to kill Capitol police officers on January 6. Meanwhile, the legal industry enjoyed a muted quarter. Are they
Missing: Biglaw's Summer Bonus Matches
Milbank delighted with special summer bonuses, ranging from $6-25 thousand, for associates. And that's great for them! But where are all the matches? We have a theory on when associates at other firms will be able to cash in.
There was some fishiness (now resolved) with the constitution on congress's website. Which, honestly, should be more shocking than it is.
Biglaw partner lateral moves are a
The Bar Exam Death Drive Becomes Dangerously Literal
And Coldplay and pierogis.
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A woman went into cardiac arrest during the New York bar exam. Thankfully, the administrators responded swiftly. JUST KIDDING! They yelled at other examinees to be quiet and keep working on the test while they deliberated about calling for emergency assistance, according to multiple witnesses. The woman survived, but the bar exam's unwillingness to admit its mist
Lawyers Getting Really High On AI Hallucinations
Get it together, people!
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It was a very bad week for lawyers and hallucinations. A federal judge had to withdraw an opinion with fake cites. One Biglaw firm fired a partner over an invented case, while another firm got tossed off a case over AI shenanigans. And the scribe of Ashurbanipal got mercilessly trolled by a judge pointing out that his fake AI cite apology included... another fake c
Who Knew Biting Other Lawyers Was Frowned Upon?
Lots to chew on this week.
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Biglaw summer associate let go after biting upwards of 15 people at the firm. Now that sounds crazy, but that's because it is. We also discuss a lawyer's biting response to a demand letter. A lot of the professional decorum advocates objected to the tone, but at a certain point how does the profession pushback against aggressive and unfounded demands without publ
The Hallucinations Are Winning
Law firm mergers and John Roberts brags for the crowd.
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Has the era of the mid-sized firm come to an end? Probably not, but with increasing nationalization and the financial pressures that go along with it, mid-sized firms are consolidating and a valuable segment (and price point!) may be lost. Lawyers have faced a steady stream of sanctions for citing fake cases generated by AI, but now a
Supreme Court A Hot Mess
The Term ended with a whole lot of nonsense.
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Taking a sledgehammer where a chisel -- or better yet nothing -- would do, the Supreme Court nixed injunctions it didn't like by striking down the power to issue universal injunctions totally and addressed schools teaching that gay people exist by expanding strict scrutiny to parents lodging religious complaints. But at least they whined and too
You Catch More Judges With 'Honey' Than With Vinegar
And the Supreme Court has a wild one.
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Except those judges aren't going to like it when you catch them. Like the poor lawyer here who called a judge "honey" during oral argument and entered a spiral of no return. We also had a dramatic week at the Supreme Court, with Justice Gorsuch trying to start something with Justice Jackson and Justice Jackson shutting it right down, and Sam Alito usin
The Jerkstore Called, They're Not Running Out Of Lawyers
Also, the role of bar associations in 2025.
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According to a new survey, lawyers think their law firms are really tolerant of jerks. Are they right about that, or just overly sensitive? The DC Bar election ended in a blowout, but why? For all the complaining about some wild theories on social media, the simpler reason is that leading a bar association in 2025 means standing up to the adminis
So Long And Thanks For All The Bonuses
Caving law firms experience exodus.
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Paul Weiss fancied itself clever when it offered Trump pro bono payola in exchange for dropping an illegal executive order. Instead it keeps hemorrhaging senior lawyers with more departing to join the recent rainmaker spinoff and associates reportedly high on the new firm's wish list. While litigators are largely driving defections from surrender firms,
Sex Asteroids, Sleazebags, And Meme Police
Quite the combination of words.
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Lawsuit against former Texas SG alleges bizarre cosmic sex fetish. The administration made two significant changes to the judicial nomination process, firing the ABA from its neutral evaluator role and kicking the Federalist Society to the curb. The latter move came with an epic rant declaring Leonard Leo a sleazebag. Broken clocks and all. And Kash Patel la
Supreme Court Just Making It Up As It Goes Along
From the administrative state to voting rights, they're just sort of winging it trying to reverse engineer results.
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As Supreme Court season hits fever pitch, we're joined by Professor Leah Litman, author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, to discuss the nightmare we're facing. Elena Kagan took the opportunity to humiliate her
Are Those Seashells In Your Pocket Or Are You Just Threatening An Assassination?
Seashellgate meets Surrendergate.
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Since we're cursed to act as keepers of the flame to remind the legal community that several large law firms really did willingly sell out to the Trump administration, this week we discuss our columnist Vivia Chen's exploration of the unique impact of these moves on young lawyers learning early that Biglaw is more than happy to throw them under the bus.
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Bold Strategy Biglaw, Let's See If It Pays Off
What if we just act like nothing happened?
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Biglaw firms who gave in to Trump suffered a scathing 60 Minutes piece and key talent defections, so they've decided upon a new tactic: pretending they never made a deal at all! It does not appear to be working. Meanwhile, Justice David Souter died reminding everyone of an era when the federal judiciary cared more about the right answer than appea
Biglaw Firms Fighting Trump Keep Winning, Capitulators Keep Losing
It was a bad week to compromise your values.
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Perkins Coie secured a permanent injunction against the Trump administration's retaliatory executive order. Meanwhile, firms that balked at putting up a fight against the illegal attacks have seen the White House drag them into police brutality cases and law schools start openly talking about students taking their talents elsewhere. And then the
Even Judges Aren't Safe In Trump's America
The arrest of Wisconsin judge Hannah Dugan is straight outta dystopian fiction. But at least retired Supreme Court Justice Stephen Breyer still has faith in the system, which makes one of us. Speaking of the High Court, Justice Sam Alito's dissent would be laughable if he weren't so powerful.
Biglaw Brings In Big Bucks
And the world continues to melt.
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We've got key financial data from the top law firms and the takeaway is that it's good to be a big firm. The Am Law 100 this year revealed that more and more firms have joined the super rich and things look bright for Biglaw. Unless someone triggers a global depression or something. We also discuss what it means to be "bipartisan" in an environment where the
Law School Ranking Chaos And Biglaw Trump Deals Turn Sour
US News and World Report released its most recent law school rankings with a side of chaos, but the big takeaway is the scrambling and erosion of the "T14" as an organizing concept. Is it time to dismiss the rankings as arbitrary? At least until law schools agree to cooperate again. Also, Surrendergate continues and the "we'll do some pro bono for veterans" deal has turned dramatically, with the W
Biglaw Surrender Fallout Continues
And now we have a tracker for that!
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After a few weeks of watching some law firms stand up to facially illegal demands from the Trump administration... and more law firms rapidly cave to those same demands, we put together a helpful tracker to keep clients, potential laterals, and law students fully aware of where firms currently stand. But we depend on you out there to keep us up-to-date! Me
Fight Or Flight... The Biglaw Conundrum
A great divide is developing.
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Following the Paul Weiss surrender we discussed last week, Skadden preemptively followed suit agreeing to commit $100M in pro bono payola to the MAGA cause. Bringing to light some embarrassing email policies in the process. But other Biglaw firms showed a little more life, with Jenner & Block and WilmerHale suing the administration over its retaliatory executive
Paul Weiss Waves The White Flag
Courage seems to be in short supply in Biglaw.
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Paul Weiss folded immediately in the face of Trump's threat, offering the president pro bono services and a retreat from DEI. For a firm that built its reputation on litigation, the move came as a surprise. A Skadden associate called upon the industry to develop a backbone. So she's not going to be working there any more. There are a lot of dumb
Biglaw Struggling To Deal With Trump Chaos
There's no escaping the administration's influence on the legal landscape.
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The Trump administration continues its revenge tour against Biglaw, and Perkins Coie is fighting back. Through counsel at Williams & Connolly, Perkins delivered a scorching takedown of the administration's arbitrary retaliation against the firm, earning a partial TRO. Meanwhile, most of Biglaw remains silent. And if t
John Roberts Realizes He Made A Huge Mistake
ACB isn't having it.
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Remember when Arrested Development made this a gag? John Roberts is living it out in real time as the president explains -- on national television -- that Roberts is a partisan hack.
Amy Coney Barrett seems less excited about the prospect. Meanwhile, the administration is threatening law firms. The dean of one law school is stepping up. Also, what is this -- now former -
Diddy Lawyer Decides He Gotta Move On
And the new USNWR rankings are dealing with some crazy data.
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We're not saying Diddy is an unsavory client, but we are saying Osama bin Laden's lawyer just noped out of continuing to represent him. We also got some limited insight into the US News rankings and there's some potential tumult at the top. And Judge Reyes had to blow up a hapless DOJ lawyer trying to defend the indefensible and th
Who Needs Caselaw Anyway?
The new federal deficit is the government's research deficit.
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Elon Musk's aimless cost-cutting escapades turn to the SEC where DOGE slashed their Westlaw access because no one over there is smart enough to know how legal research works. Apparently now is an opportune time to start committing securities fraud! Speaking of aimless, former judge Alex Kozinski penned a meandering opinion piece a
Someone Needs To Come Get These Junior Associates
'Nah, you do that' is not a response that keeps lawyers employed.
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Imagine the audacity it takes for a rookie lawyer to refuse to do the work assigned by a midlevel or senior associate. And expect to keep their job? The story of a beleaguered midlevel asking for help with an unruly junior refusing to work has us wondering if the kids are not all right. Also the administration starts calling f
Insurer Spending On Lawyers Rather Than, You Know, Healthcare
And Biglaw begins adjusting to Trump era.
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If United Healthcare considered spending more on a cancer patient and less on lawyers to sue doctors for pointing out they didn't spend on the cancer patient they wouldn't be getting so thoroughly dragged online. While the mockery they're getting is funny, this underscores the dangerous weaponization of defamation (and also copyright) laws, allowing
400th Episode Spectacular
Getting the band back together.
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A jumbo sized episode this week as Thinking Like A Lawyer celebrates its 400th episode with a look back at some big changes in law firms, law schools, and the courts that have unfolded over its last 10 years of podcasting. Original co-host Elie Mystal from The Nation joins the gang to share his thoughts. He's not particularly optimistic.
First Thing We Do, Let's Fire All The Lawyers
Government lawyer purge creates chaos
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Trump administration slashes jobs for young lawyers months before they officially start sparking a scramble for jobs. The Justice Department followed up that news by terminating career DOJ lawyers for the sin of having worked on Trump's criminal cases. One Biglaw firm informs its associates that they're not getting their full bonuses based on office atte
Tom Goldstein Should've Stuck With High Stakes Go Fish
You've got to know when to hold 'em. Know when to fold 'em.
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Supreme Court litigator Tom Goldstein, co-founder of SCOTUSblog, is on the wrong side of the law facing a multi-count indictment related to the alleged fallout of a hard-core gambling lifestyle. All while routinely arguing multiple cases in front of the Supreme Court. Legen...wait for it...dary. Also Proskauer proves that every ros
Back To The Office Blues
Attorneys yearn for the commute.
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Sullivan & Cromwell are bringing attorneys back to the office five days a week. The stated reason is to mirror "normal business hours" which is a cruel joke in an abnormal business hour industry. Democratic Party superlawyer Marc Elias faces an uprising at his firm after staff proposed a mandatory arbitration agreement despite many of his top clients openly c
Judges Decide Clarence Thomas Was Just Confused When He Didn't Report All That Money
Statutes are hard.
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Apparently, Clarence Thomas just didn't understand how to read the nearly 50-year-old statute requiring him to report massively expensive gifts. That's the Judicial Conference's official take in a new letter to the Senate panel looking into the ethical cesspool. The letter becomes public just as Chief Justice Roberts releases his annual report asserting that most criticism
Ho, Ho, Ho-Cast
A very jolly podcast.
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It's a very special holiday episode of Thinking Like A Lawyer with three straight "Ho" stories. First, Hogan Lovells irks associates with a bonus announcement without matching the industry standard special bonuses. Meanwhile, law enforcement just can't help making Luigi Mangione look more like a sexy martyr and now someone claiming to be UnitedHealthcare is trying to as
Lawyers Who Do Lunch
Bringing new meaning to the court's order.
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Can lunch save professional civility? Almost assuredly not, but one judge is going to try. Partnership isn't what it used to be. Instead of long careers with equity ownership, partners are making lateral jumps with more frequency than ever. More out of the murder of a Kentucky judge earlier this year... "running a brothel out of that courtroom" soun
Replacing Judges With AI And Other Stupid Ideas
Elon's got some thoughts on the judicial system.
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Elon Musk says his AI will be able to deliver judicial opinions as soon as he feeds it "all" the cases. It will not, but his impulse sheds some light on a disturbing lack of respect for the rule of law. A pair of judges planning to take senior status as soon as Biden confirmed their successors have withdrawn their plans after the Senate sat on
Law School Thought Pregnant Women Not Like Us
Get it? Combining two of the stories into one relevant title?
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A pregnant law student sought modest accommodations when finals came over her due date. The school rejected the request saying, "Motherhood is not for the Faint of Heart." It did not go over well with fellow students. Or alumni. Or faculty. Or pretty much anyone. Drake accused the music industry of conspiring to help Kendrick dem
Law Firm Confidentiality Can't Be Left To The Honor System
'Hey, please don't open this' is not a policy.
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A law firm left its confidential internal documents with juicy information unprotected and was shocked, SHOCKED to find out attorneys read them. Pam Bondi is next at bat for the Attorney General job. While her decision to drop an official investigation into Trump University conveniently after he started supporting her will get a lot of attention
Judge Throws Temper Tantrum
Also... Matt Gaetz as Attorney General is something we have to contemplate?
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The Federalist Society conference included a tour de force in rhetorical fallacy from the Fifth Circuit's Judge Edith Jones, suggesting that it's an attack on the "rule of law" to talk about court reform and that such criticism results in death threats! Very cool. Very judicial. We also have a disturbing story out of
Biglaw Bonus Season Arrives!
The race is on.
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It's the most wonderful time of the year! Milbank continues to relish its role as the Pied Piper of Biglaw bonuses, once again jumping the traditional late November bonus announcement kickoff to set the bar for 2024 annual bonuses. We also learned that a number of firms make non-equity pay a share of the partnership expenses despite holding no equity. And one partner out ther
Sir Sam Alito Decides No Pesky 'Constitution' Governs Him
That Governing Document Can't Stop Me Because I Can't Read!
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Sammy Alito openly defies the Constitution with European knighthood. Chicago Law tapes classes but isn't interested in letting students actually use those recordings. Students are, unsurprisingly, pissed. Professor Richard Epstein brags about replacing scientists with judges. Yes, the same guy who said COVID would only kill 500 peop
There's No Studying In Here, This Is The Library!
Also, Tiffany may be number 1 in his heart (she's not), but she's also not number 1 in her class.
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