Original Jurisdiction

Original Jurisdiction News, views, and colorful commentary about law and the legal profession, by David Lat.

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installme...
12/08/2025

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I publish on Original Jurisdiction. Also, this marks the fifth anniversary of Judicial Notice—yay! Thanks to all of my readers and subscribers for making this milestone possible.

In this edition of JN: misconduct allegations against a prominent plaintiff’s lawyer, dismissal of three judicial ethics complaints, and a slew of new hires by Paul Weiss—on the transactional side.

Thanks to Lateral Link for sponsoring this edition of Judicial Notice and for the Job of the Week, an opportunity in legal recruiting. I’ll post the details in the comments, and you can contact Michael Allen at [email protected] for more.

Thanks for your readership, and have a great week!

https://bit.ly/3YfBQVI

Misconduct allegations against a prominent plaintiff’s lawyer, dismissal of three judicial ethics complaints, and a slew of new hires by Paul Weiss—on the transactional side.

When I worked as a Biglaw litigator more than 20 years ago, things were very different. Generative AI was unheard of. Ev...
12/04/2025

When I worked as a Biglaw litigator more than 20 years ago, things were very different. Generative AI was unheard of. Even e-discovery was uncommon; most document review was still done using paper copies (and paper cuts were an occupational hazard).

And almost all litigation involving major corporations—which was, and still is, the bulk of the Biglaw docket—featured companies as defendants. But things are changing on this front—and continue to change, according to Greg McPolin, Esq., Managing Director at Burford Capital.

“Generally, we’ve seen an increase in the willingness of companies to become corporate plaintiffs,” said McPolin. “Now more than half of our business comes from corporate clients.”

For more about this interesting and important trend, read my full story over at Original Jurisdiction (link below).

https://bit.ly/4poD2Cc

Inside the growing movement of in-house lawyers transforming litigation from a cost center into a source of profit.

I was delighted to interview Justice David Wecht, a longtime friend, for the Original Jurisdiction podcast. He’s a timel...
12/03/2025

I was delighted to interview Justice David Wecht, a longtime friend, for the Original Jurisdiction podcast. He’s a timely guest: last month, he and two of his colleagues were reelected to the Pennsylvania Supreme Court. Their court is one of the most important state courts in the country—for reasons I discussed with Justice Wecht on the episode.

In our conversation, we also covered the justice’s interesting path to the Pennsylvania high court; why he believes young (and not-so-young) lawyers should get involved with their communities; certain unique features of the Pennsylvania Constitution, as well as its relationship to the U.S. Constitution; and, of course, his recent reelection to the Pennsylvania Supreme Court.

Congratulations to Justice Wecht on his reelection—and thanks to him for joining me. And thanks, of course, to NexFirm for sponsoring.

https://bit.ly/4oto2Sb

Recently reelected to the Pennsylvania Supreme Court, Justice Wecht discusses judicial elections, state constitutions, and the importance of community involvement.

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installme...
12/01/2025

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I publish on Original Jurisdiction.

In this edition: dismissals for Trump, Jim Comey, and Tish James; two new SCOTUS opinions; rethinking the Biglaw summer program; and the latest in Latham v. Kirkland.

Thanks to Burford Capital for sponsoring this edition of Judicial Notice.

Thanks to Lateral Link for the Job of the Week, an opportunity for corporate associates in Atlanta. I'll post the details in the comments, and you can reach out to Marion Wilson, Esq. at [email protected] to learn more.

Thanks for your readership, and have a great week!

https://bit.ly/4ruhzsX Latham & Watkins

Dismissals for Trump, Jim Comey, and Tish James; two new SCOTUS opinions; rethinking the Biglaw summer program; and the latest in Latham v. Kirkland.

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installme...
11/24/2025

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I publish on Original Jurisdiction.

In this edition: a wild ride of a dissent, the start of Biglaw bonus season, a problem for the prosecution in the Comey case, and a major transatlantic merger.

Thanks to Burford Capital for sponsoring this edition of Judicial Notice.

Thanks to Lateral Link for the Job of the Week, an opportunity for an executive compensation and employee benefits associate in Dallas or Houston. I'll post the details in the comments, and you can reach out to [email protected] to learn more.

Thanks for your readership, and have a great week!

https://bit.ly/4oYt4HD

A wild ride of a dissent, the start of Biglaw bonus season, a problem for the prosecution in the Comey case, and a major transatlantic merger.

Congratulations to the 2026 Bristow Fellows! Recipients of these prestigious one-year fellowships at the The United Stat...
11/20/2025

Congratulations to the 2026 Bristow Fellows! Recipients of these prestigious one-year fellowships at the The United States Department of Justice's Office of the Solicitor General (OSG) get to work on Supreme Court cases just a few years out of law school. For the names, law schools, and prior clerkships of the new Fellows, please check out Original Jurisdiction (via the link below).

Also, on a related subject—because Bristow Fellows often go on to clerk at the Supreme Court—I plan to publish my latest SCOTUS clerk hiring roundup shortly after Thanksgiving. If you know of any hires that did not appear in my last roundup, please send them to me by email ([email protected]) or text (917-397-2751), including the words “SCOTUS clerk hiring” as the subject line of your email or somewhere in your text.

Thanks in advance for your tips. Once again, congrats to the new Bristows, their law schools, and their lower-court judges!

https://bit.ly/4rib2Sf

Harvard and Stanford Law continue to excel at sending their graduates into these prestigious fellowships at the Office of the Solicitor General.

Sports law has long been an attractive practice area for individual lawyers, especially those who are sports fans themse...
11/18/2025

Sports law has long been an attractive practice area for individual lawyers, especially those who are sports fans themselves. But for years, with deal values in the millions rather than billions of dollars, sports law wasn’t a field that all firms sought to play on.

That has changed, as you can see in the latest lateral partner hire by Davis Polk & Wardwell LLP. Yesterday, the firm announced the arrival of Jon Oram, one of the nation’s leading sports lawyers—according to Chambers (Band 1), The Hollywood Reporter, and other authorities.

Why are firms such as Davis Polk and Kirkland & Ellis, which has also made significant hires this year, so interested in sports law? Jon and with Neil Barr, chair and managing partner of Davis Polk, shared their thoughts with me—included in my latest story for Original Jurisdiction (link below).

https://bit.ly/44ao2zb

Are the days of the ‘sports bar’—a small group of firms with specialized sports-law expertise—numbered?

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installme...
11/17/2025

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I publish on Original Jurisdiction.

In this edition: a high-powered lawyer’s emails with Epstein, a leading boutique’s hire of a prominent prosecutor, and a Biglaw firm that’s open to innovation.

Thanks to Burford Capital for sponsoring this edition of Judicial Notice.

Thanks to Lateral Link for the Job of the Week, an opportunity for a senior associate in real estate in Chicago. I'll post the details in the comments, and you can reach out to Zain Atassi at [email protected] to learn more.

Thanks for your readership, and have a great week!

https://bit.ly/4qULOZM

A high-powered lawyer’s emails with Epstein, a leading boutique’s hire of a prominent prosecutor, and a Biglaw firm that’s open to innovation.

How are the federal courts faring during these tumultuous times? I thought it would be worthwhile to discuss this import...
11/12/2025

How are the federal courts faring during these tumultuous times? I thought it would be worthwhile to discuss this important subject with a former federal judge: someone who understands the judicial role well but could speak more freely than a sitting judge, liberated from the strictures of the bench.

Meet Judge Nancy Gertner (Ret.), who served as a U.S. District Judge for the District of Massachusetts from 1994 until 2011. I knew that Judge Gertner would be a lively and insightful interviewee—based not only on her extensive commentary on recent events, reflected in media interviews and op-eds, but on my personal experience. During law school, I took a year-long course on federal sentencing with her, and she was one of my favorite professors.

Thanks to Judge Gertner for joining me on the Original Jurisdiction podcast, and thanks to NexFirm for sponsoring!

https://bit.ly/4ozeqGn

Judge Nancy Gertner retired from the bench in 2011, but she’s not retiring in her personality—with candid comments on many subjects, including SCOTUS.

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installme...
11/10/2025

As the new week gets underway, it's helpful to have a sense of what's going on in the world. Here’s the latest installment of Judicial Notice, the weekly legal news roundup that I publish on Original Jurisdiction.

In this edition: the finalists for Yale Law School dean, controversial comments by a top DOJ official, a verdict for the sandwich guy, and a Biglaw firm shedding partners.

Thanks to Jeff Kichaven Commercial Mediation for sponsoring this edition of Judicial Notice.

Thanks to Lateral Link for the Job of the Week, an opportunity for an opportunity for labor and employment associates in Los Angeles. I'll post the details in the comments, and you can reach out to Matt Bennett—a former L&E associate himself, actually—at [email protected].

Thanks for your readership, and have a great week!

https://bit.ly/49uzd9F Jeff Kichaven

The finalists for Yale Law dean, controversial comments by a top DOJ official, a verdict for the sandwich guy, and a Biglaw firm shedding partners.

On Wednesday, the U.S. Supreme Court heard argument in two cases challenging tariffs imposed by Donald Trump. How do I t...
11/07/2025

On Wednesday, the U.S. Supreme Court heard argument in two cases challenging tariffs imposed by Donald Trump. How do I think these cases will come out?

Check out my post at Original Jurisdiction—and vote in my poll or add your own comments. Thanks!

https://bit.ly/47J0YbH

Bottom line: the challengers of the tariffs are likely to prevail, but a Trump administration win can’t be ruled out.

Since the start of Donald Trump’s second term, challengers have filed numerous lawsuits to oppose actions taken by his a...
11/06/2025

Since the start of Donald Trump’s second term, challengers have filed numerous lawsuits to oppose actions taken by his administration, echoing the wave of suits filed during Trump’s first term against policies such as the travel ban. But there’s a big difference between 2017 and 2025: this time around, when it comes to opposing the Trump administration in court, Biglaw is largely absent.

What might explain this shift? I offer some thoughts over at Original Jurisdiction (link below).

https://bit.ly/4qMSlWu

Small and midsize firms have stepped up to the plate—but they’re not a perfect substitute for Biglaw.

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