Above the Law - Thinking Like a Lawyer Podcast - Legal Talk Network

Supreme Court Airs Dirty Laundry

Ally Kvidt — Wed, 25 Feb 2026 16:45:35 +0000

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 getting tired of lawyers who can actually identify a war crime when they see one. Finally, the public got another look at how lawyers do their job and predictably overreacted. Les Wexner’s attorney got caught on a hot mic giving his client… blunt advice and a court ruled that “wings” don’t mean “wings.”

AI Takes The Blame, Epstein Takes The Careers

Ally Kvidt — Wed, 18 Feb 2026 15:15:47 +0000

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 her Jeffrey Epstein connections came out in the last file dump. And we found out that the late Ken Starr thought of Epstein as a brother, which tracks. We also saw the first majr firm strike a blow against the expedited law school recruiting cycle.

Epstein Fallout Rocks Legal As Admin Tries To Deflect From ICE

Ally Kvidt — Wed, 11 Feb 2026 16:00:44 +0000

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 Kathy Ruemmler made a joke with Epstein that normally you wouldn’t make with someone who already pleaded guilty to child prostitution charges, and Alan Dershowitz managed to drag Paul Weiss into the case again when people found sex tourism legal analysis in the files from a now-Paul Weiss partner… passing along Dershowitz’s thoughts.

Meanwhile in Minnesota, a DOJ lawyer called out the broken immigration system before literally asking to be held in contempt so she could get some sleep. which is what happens when an administration breaks the legal system so thoroughly that even its own lawyers can’t keep up with the chaos. And legal tech took a financial jolt as Anthropic announced its entry into the legal tech space.

Accountability In An Age Of Unaccountability

Ally Kvidt — Wed, 04 Feb 2026 17:45:25 +0000

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 Epstein’s dealings, they have set off downstream shockwaves in the legal industry. Meanwhile, another judge learns that we frown upon judges arbitrarily handcuffing lawyers. Finally, it’s time for the profession to come together behind helping our self-regulators hold Trump administration lawyers accountable. The ethical breaches keep adding up and while there’s never going to be the warranted criminal law reckoning, we can at least make sure our profession is protected by disbarring all these administration lawyers getting caught affirmatively lying to courts… and worse.

Trump’s Cook Case Looks Cooked

Adam Lockwood — Wed, 28 Jan 2026 21:00:36 +0000

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 position that the text of the Alien Enemies Act would have authorized the unilateral deportation of the Beatles and the Rolling Stones for being part of the “British Invasion.” Finally, Willkie Farr hit with massive lawsuit alleging the firm helped out a former client’s fraud.

Alienating Our Affections

Ally Kvidt — Wed, 21 Jan 2026 16:00:43 +0000

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 bodyguard’s soon-to-be ex-wife. Come for the bad soap opera plot, stay for the MDMA-inspired psychedelic trip allegations. Finally, the Supreme Court got hacked, but federal law enforcement managed, a couple years after the fact, to track down the culprit whose social media handle was “ihackedthegovernment.” Cracker jack work all around.

Minnesota Becoming A Constitutional Law Issue-Spotter

Ally Kvidt — Wed, 14 Jan 2026 16:00:40 +0000

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 qualified immunity, the whole system is arrayed to shield federal agents from legal redress. Speaking of the Minnesota ICE surge, we moved a step closer to a genuine Third Amendment case after the Department of Homeland Security pressured Hilton Hotels into dropping a franchisee that had refused to rent rooms to DHS. And finally, Judge James Ho published a broadside against fellow judges in his bid to reach the top of the Trump administration’s Supreme Court wishlist. And all he had to do was mock judges receiving violent threats and dishonor a judge’s murdered son.

2026 Prediction Time!

Ally Kvidt — Wed, 07 Jan 2026 16:30:21 +0000

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 podcast.

A Look Back At The 2025 Dumpster Fire

Ally Kvidt — Wed, 31 Dec 2025 12:00:33 +0000

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 success in court, while the dealmakers got heckled and derided by young lawyers. And, as anyone who has ever watched Star Wars knows, deals with authoritarians just get worse all the time. The New York Times even wrote a feature on a certain publication covering this story.

We also ran headlong into a constitutional crisis marked by DOJ lawyers lying to courts — when the DOJ even bothers to field lawyers legally — senior government officials declaring “war” on federal judges, and judges being arrested. As right-wing threats against federal judges escalated, the Supreme Court responded with disinterest, preferring to fan the flames with nakedly partisan shadow docket rulings to grease the wheels of Trump’s assault on the structure of government. And, finally, we look at the year of AI in legal. Hallucinations dominated the conversation — from law firms and judges alike — but this was also the year legal tech made huge bets on AI and folks started to realize that the profession can’t avoid the technology. The billable hour may finally be on the decline, but does AI risk making lawyers dumber?

Closing Out The Year With Mergers And Attacks On The Rule Of Law

Ally Kvidt — Wed, 24 Dec 2025 12:00:10 +0000

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 of U.S. News law school rankings as “Christmas” — with a prediction about the new law school pecking order. And it looks like garbage at a time when those rankings may be more important than ever. Also, ICE appears to be publishing an enemies list? That doesn’t seem great. All that and some thoughts on Alan Dershowitz writing a new book suggesting Trump might be able to get a third term despite the clear text of the Constitution.

At Least The Robots In The Coming War Against Humans Will Understand War Crimes

Ally Kvidt — Wed, 17 Dec 2025 17:00:27 +0000

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 Supreme Court, Justice Sotomayor tries to convince her colleagues not to blow up the federal government over a theory concocted in the 1970s. Sadly, she’s fighting the wrong fight. And in a world of mergers — especially cross-border mergers — we have a reminder that sometimes it doesn’t work out.

This Is Why We Have Bar Exams

Ally Kvidt — Wed, 10 Dec 2025 18:15:36 +0000

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 administration continues to oscillate between bluster and blunder. Lindsey Halligan’s doomed reign as quasi U.S. Attorney draws an ethics complaint. Luckily for her, the Virginia State Bar has no interest in doing its job. And Deputy Attorney General Todd Blanche is threatening lawyers to stop pointing out DOJ mistakes.

A Bad Week For Trump’s Fake U.S. Attorneys

Ally Kvidt — Wed, 03 Dec 2025 18:00:47 +0000

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 managed to lose not one, but two of the high profile revenge cases she brought. In other news, a major firm announced a new look summer associate program as it tries to deal with the law school recruiting free-for-all that everyone hates, yet no one seems able to do anything about.

Bonus Season Begins In Earnest

Ally Kvidt — Wed, 26 Nov 2025 12:00:50 +0000

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 discuss Lindsey Halligan’s epic fail in the James Comey case — and we recorded this before the judge tossed the case. Finally, Judge Jerry Smith decided to commit his unhinged conspiracy theories to paper in a massive, doorstop of a dissent in the Texas redistricting case. And we discuss Thanksgiving sides.

Maybe The Legal Industry Has Just Lost All Sense Of Shame

Ally Kvidt — Wed, 19 Nov 2025 18:00:22 +0000

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 gala, providing one more embarrassing story to a rough year.

If The DOJ Fails Another Time, They Win A Free Sandwich

Ally Kvidt — Wed, 12 Nov 2025 18:00:00 +0000

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 movement to call for a “war” to impeach the federal judges — many of them longtime conservatives themselves — for not appropriately facilitating the administration. And the DOJ completes its humiliation in the D.C. sandwich thrower case by failing to secure even a misdemeanor conviction.

A Riot By Any Other Name…

Ally Kvidt — Wed, 05 Nov 2025 16:00:22 +0000

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 numerous brushes with death, AI might finally force firms to look into alternative fee structures. And if you’re in law school and thinking about serving the public interest, expect it to be a lot more expensive unless your future employer is blessed by the Trump administration.

Dispatches From The Collapse Of The Rule Of Law

Ally Kvidt — Wed, 29 Oct 2025 15:20:12 +0000

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 dissonance in recognizing that Trump might be the natural and logical consequence of their own long championed conservative projects. One attendee who has no illusions over the gravity of the threat though was Judge Michael Luttig who railed against the Supreme Court in the legal equivalent of a rousing halftime locker room speech. Also, Cadwalader seems increasingly at an existential crossroads and looking for a merger partner. And a lawyer loses her job over ballpark rant — and what’s more, her team lost.

No, Your Honor, I Didn’t Call You That, I Was Talking About, Um, Bundt Cake

Ally Kvidt — Wed, 22 Oct 2025 14:45:57 +0000

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 case. And with Trump inching closer to declaring martial law in America’s cities, right-leaning legal analysts have started the process of normalizing abuse of the Insurrection Act by pretending its strict limits are really just open-ended invitations and if anyone’s to blame for Donald Trump’s authoritarianism, it’s really Joe Biden. We manage to talk about AI and Baudrillard in a single episode.

On Campus Hiring Is Broken, And This Isn’t Helping

Ally Kvidt — Wed, 15 Oct 2025 14:40:05 +0000

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 partner class? The decision to opt out of its traditional announcement message seems like a move to shield its high-achievers, but there are some other possibilities. And a Senator wants some answers after a pair of federal judges issue opinions with possible (read: likely) AI hallucinations.

Is This The Beginning Of The End For The Bar Exam?

Ally Kvidt — Wed, 08 Oct 2025 14:30:20 +0000

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 some serious blows in the lateral market. Finally, the Supreme Court is back in session, so we look back at the summer of shadows, when the Court’s shadow docket finally crashed into the reality of a president unwilling to play the game and Justice Thomas shed a little light on his decision to bail on teaching his class after Dobbs.

All The Cool Kids Are Passing The Bar, All The Cooley Kids… Not As Much

Ally Kvidt — Wed, 01 Oct 2025 15:00:08 +0000

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 flat circle. After learning that Paul Weiss and Kirkland were providing free legal services to the Commerce Department, presumably in an effort to satisfy their pro bono payola obligations, we wondered how this could possibly be legal in light of 31 U.S.C. 1342. Apparently, lawmakers wondered the same thing. And James Comey finds himself indicted after a whirlwind that involved removing the existing top federal prosecutor for refusing to file a sham case and replacing him with an in-over-her-head Florida insurance lawyer.

Nothin’ Says Lovin’ Like A Benchslap

Ally Kvidt — Wed, 24 Sep 2025 11:00:12 +0000

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 Pillsbury partner received a benchslapping over what the judge considered unchecked entitlement. A Biglaw partner? Entitled? No! Also, a law school responds to the new federal loan caps with guaranteed scholarships to cover the gap. Is this the start of a trend?

A Tale Of Two Supreme Court Book Tours

Ally Kvidt — Wed, 17 Sep 2025 14:30:54 +0000

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 backpedaling. Meanwhile, Sotomayor went on Colbert and bent over backward to give her conservative colleagues the benefit of the doubt, requiring Colbert to step in and remind us of the fire in Sotomayor’s dissent. Two very different media hits, but a consistent reminder that the justices just aren’t willing to forge a genuine connection with the public over media. Also, Ropes & Gray maintains a single-tier partnership (for now) and Megan Thee Stallion case introduces the world to process servers taking things up a notch.

The Fundamental Dishonesty Of The Supreme Court

Ally Kvidt — Wed, 10 Sep 2025 14:00:48 +0000

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 unexplained opinions refusing to challenge — indeed, passively encouraging — Trump’s attacks. So much for Chief Justice Roberts sanctimoniously declaring that the threats are just a product of the public not understanding the opinions. Law school tuition has skyrocketed in real terms for decades, but based on the last 10 years, the fever may finally have broken. Meanwhile, Amy Coney Barrett has some books to sell! And she’s going to do it by playing up her image as the tortured, yet principled conservative who strips Americans of long enshrined freedoms, but just because she has no other choice. And, as she made clear in Dobbs, women and choice just don’t mix!

DOJ Has Egg On Its Face

Ally Kvidt — Wed, 03 Sep 2025 14:00:51 +0000

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

Ally Kvidt — Wed, 27 Aug 2025 14:30:37 +0000

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 home era, which also made news this week with a firm announcing a new office mandate… but just for some associates. Justice Jackson drew upon a generational touchstone to succinctly describe the Supreme Court majority’s jurisprudence. And a pair of the spineless firms are providing free legal services to the Commerce Department.

The Sandwich Is Mightier Than The Sword

Ally Kvidt — Wed, 20 Aug 2025 11:00:28 +0000

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 preparing to batten down the hatches for a recession? Supreme Court begins moving the pieces into place to tear down Obergefell.

Missing: Biglaw’s Summer Bonus Matches

Adam Lockwood — Wed, 13 Aug 2025 15:46:58 +0000

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 all the rage, with some major moves this summer. But not everyone is benefitting from the hotness of the lateral market — all because of a little thing called due diligence.

The Bar Exam Death Drive Becomes Dangerously Literal

Ally Kvidt — Wed, 06 Aug 2025 14:30:23 +0000

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 mistakes expose the rotten incentives of this stupid, unnecessary test. The Coldplay jumbotron affair sparks litigation rumors… which might be the only idea worse than taking your affair to a concert. And Alan Dershowitz is very angry that no one will sell him a pierogi.

Lawyers Getting Really High On AI Hallucinations

Ally Kvidt — Wed, 30 Jul 2025 14:00:59 +0000

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 cite. Why does it seem like this is all getting worse? A Biglaw firm pushes its start date leaving incoming associates in the lurch and Alina Habba might be the U.S. Attorney for New Jersey. Or maybe not. Or maybe yes.

Who Knew Biting Other Lawyers Was Frowned Upon?

Ally Kvidt — Wed, 16 Jul 2025 16:00:52 +0000

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 public shaming? There’s not another readily accessible disincentive. Finally, we address the gnashing of teeth in conservative media ecosphere over Superman being an immigrant and the knots they’re willing to tie themselves into in order to avoid the obvious.

The Hallucinations Are Winning

Ally Kvidt — Wed, 09 Jul 2025 15:15:54 +0000

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 judge officially blessed an order based on AI-hallucinated cases as a critical firewall in the war against machine slop is breached. While AI holds out promise for access to justice, the risk of a lawless free-for-all looms. Speaking of lawless free-for-alls, the Chief Justice explains that he doesn’t care about substantive criticism of the Court because he has votes and the critics don’t.

Supreme Court A Hot Mess

Ally Kvidt — Wed, 02 Jul 2025 16:00:21 +0000

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 took swipes at each other over it! Meanwhile, Justice Sonia Sotomayor figured out that if the majority wants to hide their rulings, the dissent can characterize them on their own. Also, the University of Florida Law School gave a top prize to a paper advocating a Whites-Only Constitution. The professor? Trump-appointed federal judge. The school’s effort to explain itself left a lot to be desired.

You Catch More Judges With ‘Honey’ Than With Vinegar

Ally Kvidt — Wed, 25 Jun 2025 14:00:45 +0000

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 using his concurrence to complain that the transgender care ban is an act of discrimination… and the he wants the Court to be more proud of it. And Vault put out its law firm prestige rankings. Hopefully nothing went down immediately after their survey that radically changed how people perceive the firms!

The Jerkstore Called, They’re Not Running Out Of Lawyers

Ally Kvidt — Wed, 18 Jun 2025 15:15:51 +0000

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 administration and Pam Bondi’s brother never convinced the members that he’d be able to do that. In fact, the right-wing fear of strong bar associations has gotten so serious that the Florida supreme court actively kneecapped their state bar. And we talk about attending David Lat’s Original Jurisdiction party, which you should also be reading.

So Long And Thanks For All The Bonuses

Ally Kvidt — Wed, 11 Jun 2025 15:00:51 +0000

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, at what point does a hollowed out litigation department start to impact the firm as a whole? Harvard Law Review found itself harassed by the government and it looks like the reason might be a snitch burrowed into the White House. And the one-track partnership model took more hits with Ropes & Gray and Debevoise agreeing to add non-equity tiers.

Sex Asteroids, Sleazebags, And Meme Police

Ally Kvidt — Wed, 04 Jun 2025 11:00:45 +0000

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 lays out the FBI’s priorities and child predators and terrorists are now lower on the most wanted list than, “your neighbor who posted an 8647 joke.”

Supreme Court Just Making It Up As It Goes Along

Ally Kvidt — Wed, 28 May 2025 15:30:34 +0000

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 colleagues last week calling out an arbitrary carve out created to protect their investments. Kagan’s frustration seems to be growing down the stretch, having just eviscerated the government in the birthright citizenship case. Meanwhile, Kristi Noem failed introductory constitutional law in front of the Senate, flailing as she tried to define habeas corpus.

Are Those Seashells In Your Pocket Or Are You Just Threatening An Assassination?

Ally Kvidt — Wed, 21 May 2025 14:45:56 +0000

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.

We also discuss how James Comey’s Instagram pic triggered a tragicomic meltdown of some of the most deranged people on the internet ranting about seashells as a subliminal assassination threat worthy of John Wilkes Squarepants. Unfortunately, some of those internet denizens are also running federal law enforcement. And we conduct a lightning round of quirky Am Law 100 financial facts that will make you appreciate that you took some time off last year.

Bold Strategy Biglaw, Let’s See If It Pays Off

Ally Kvidt — Wed, 14 May 2025 15:00:32 +0000

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 appeasing political patrons. Unfortunately, Souter’s nomination inadvertently triggered that change. And we have a Biglaw merging in the offing that hopes to create a new $2B firm.

Biglaw Firms Fighting Trump Keep Winning, Capitulators Keep Losing

Ally Kvidt — Wed, 07 May 2025 16:00:04 +0000

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 harshest cut of all — a deep pocketed client bailed on a collaborator firm to give business to a firm standing up to Trump. Who could’ve predicted except anyone who ever watched Star Wars. Also we talk about California’s latest bar exam debacle and the White House’s threat against Amal Clooney.

Even Judges Aren’t Safe In Trump’s America

Ally Kvidt — Wed, 30 Apr 2025 20:00:30 +0000

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

Ally Kvidt — Wed, 23 Apr 2025 14:45:43 +0000

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 intellectual stars of the conservative legal movement are ALSO lining up to call out the Trump administration as a threat to the rule of law. Finally, we flag a troubling law school story about scholarships getting cut when admissions gets blindsided by applications.

Law School Ranking Chaos And Biglaw Trump Deals Turn Sour

Ally Kvidt — Wed, 16 Apr 2025 15:00:11 +0000

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 White House now claiming the authority to “assign” Biglaw firms to work on administration projects. Sound familiar? Along the way, firms are starting to lose senior lawyers fulfilling critical firm roles while the most recent defectors alienate the overwhelming majority of their team. Finally, the Supreme Court has issued some unanimous rebukes in defense of due process and the administration does not seem to care.

Biglaw Surrender Fallout Continues

Ally Kvidt — Wed, 09 Apr 2025 15:00:51 +0000

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! Meanwhile, more associates have taken a stand against their surrendering firms and some law students have already told the firm recruiting events that they aren’t interested in firms that can’t stand up for themselves. Also the February bar exam numbers were terrible.

Fight Or Flight… The Biglaw Conundrum

Ally Kvidt — Wed, 02 Apr 2025 15:30:15 +0000

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 orders. And a major firm announced an end to on-campus recruiting, which seems like a bad policy for both students and the firm.

Paul Weiss Waves The White Flag

Ally Kvidt — Wed, 26 Mar 2025 21:00:47 +0000

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 things about the administration’s mass deportation to an El Salvadoran prison, but its unironic inversion of the burden of proof is definitely the scariest.

Biglaw Struggling To Deal With Trump Chaos

Ally Kvidt — Wed, 19 Mar 2025 16:15:24 +0000

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 they aren’t silent, they’re silently deleting references to diversity, including a clumsy effort that autodeleted pronouns from email signatures. And “Stop the Steal” lawyer turned interim US Attorney Ed Martin has his first ethics complaint on the job he hasn’t even really started.

John Roberts Realizes He Made A Huge Mistake

Ally Kvidt — Wed, 12 Mar 2025 14:45:53 +0000

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 — partner doing?

Diddy Lawyer Decides He Gotta Move On

Ally Kvidt — Wed, 05 Mar 2025 15:00:38 +0000

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 the Trump administration displayed its inner snowflake.

Who Needs Caselaw Anyway?

Ally Kvidt — Wed, 26 Feb 2025 15:30:21 +0000

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 about canceling elections in case, maybe, some president might want to consider it. And a few law schools quietly reworked their websites to remove diversity language. They probably won’t be the last.

Someone Needs To Come Get These Junior Associates

Ally Kvidt — Wed, 19 Feb 2025 15:30:03 +0000

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 for impeachment when a judge imposes a TRO of less than a week and that doesn’t bode well for when they start losing real injunctions. And is there any legal question simpler than “the Twenty-Second Amendment limits presidents to two terms“?

Insurer Spending On Lawyers Rather Than, You Know, Healthcare

Ally Kvidt — Wed, 12 Feb 2025 15:20:06 +0000

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 deep pocketed antagonists to squelch criticism by filing low merit suits. Also, a Biglaw firm quietly scrubbed its website of a lot of its “diversity” language as the government steps up threats against private companies. And the ABA thinks the Supreme Court needs ethical rules.

0:00 Small Talk

9:50 UnitedHealthcare

15:46 DEI

21:03 Top Law Firm Representing Trump

23:47 ABA’s Stance on Supreme Court Ethics

400th Episode Spectacular

Ally Kvidt — Wed, 05 Feb 2025 15:30:31 +0000

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

Ally Kvidt — Wed, 29 Jan 2025 15:20:18 +0000

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 attendance. While we’re at it… should lawyers rely on law firm bonuses anyway? And a professor gets disciplined for political comments raising the debate: what exactly constitutes a violation of academic freedom?

Tom Goldstein Should’ve Stuck With High Stakes Go Fish

Ally Kvidt — Wed, 22 Jan 2025 15:40:46 +0000

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 rose has its thorn and Yale stares down on of the most epic downgrades in law school history.

Back To The Office Blues

Ally Kvidt — Wed, 15 Jan 2025 15:40:30 +0000

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 campaigning on… banning mandatory arbitration agreements. Finally, Wilson Sonsini hands out bonuses but pulls a fast one with special payments.

Judges Decide Clarence Thomas Was Just Confused When He Didn’t Report All That Money

Ally Kvidt — Wed, 08 Jan 2025 15:45:36 +0000

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 of the Court should be seen as improper intimidation and even violence. Before the holidays, we discussed Biglaw firms bucking the trend and not paying out special bonuses. Happy to report that they’ve reversed course.

Ho, Ho, Ho-Cast

Ally Kvidt — Thu, 26 Dec 2024 15:45:02 +0000

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 assert ownership of his likeness. And Judge James Ho walks back his prior support for birthright citizenship now that it might cost him a job on the Supreme Court.

Lawyers Who Do Lunch

Ally Kvidt — Wed, 18 Dec 2024 12:00:11 +0000

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” sounds ominous.

Chapters:

00:00 Small Talk

02:15 Mysterious Drone Sightings

07:20 Lawyer Lunch Date

12:03 Laterals Aren’t Loving This Biglaw Firm

19:15 Slain Judge Accused Of ‘Running A Brothel Out Of That Courtroom’

Replacing Judges With AI And Other Stupid Ideas

Ally Kvidt — Wed, 11 Dec 2024 12:00:32 +0000

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 their proposed openings. And law school applications are up big time… and that’s not good news for a lot of students.

Law School Thought Pregnant Women Not Like Us

Ally Kvidt — Wed, 04 Dec 2024 12:00:53 +0000

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 demolish him in rap battle. RICO claims? They really not like us. Finally, Jonathan Turley accused liberal rage for the disturbing swatting attack he suffered. When his theory of the case turned out to be… wildly and completely wrong, he took a swipe at Joe. And missed.

Law Firm Confidentiality Can’t Be Left To The Honor System

Ally Kvidt — Wed, 27 Nov 2024 18:45:56 +0000

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, don’t sleep on the TAIL of her fight over another family’s dog. And, finally, we have an un-bear-ably wild tale of a “bear” attack on luxury cars.

Judge Throws Temper Tantrum

Ally Kvidt — Wed, 20 Nov 2024 23:30:08 +0000

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, and discuss the instant reaction to Matt Gaetz being nominated to serve as Attorney General and the dumbest takes that nomination has inspired.

Biglaw Bonus Season Arrives!

Ally Kvidt — Wed, 13 Nov 2024 16:40:36 +0000

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 there is using work email to complain about the neighbors with offensive terminology.

Sir Sam Alito Decides No Pesky ‘Constitution’ Governs Him

Ally Kvidt — Wed, 06 Nov 2024 16:15:09 +0000

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 people and got the first Trump administration sold on the idea. And mark your calendars for the lawyer movie from Hallmark’s holiday season.

There’s No Studying In Here, This Is The Library!

Ally Kvidt — Wed, 30 Oct 2024 16:15:31 +0000

Of all the iconic lines from Dr. Strangelove, maybe the best is “You can’t fight in here. This is the War Room!” Recently, Harvard began punishing students (and faculty) for silent library protests while studying almost as though maintaining a “non-disruptive atmosphere” isn’t the school’s real concern. Donald Trump brags about Tiffany Trump’s class ranking… even though her law school doesn’t rank students. And states are preparing for the Supreme Court to launch a large-scale rollback on rights.

In 2024 The GOP Is A Big Fan Of Teen Pregnancy

Ally Kvidt — Wed, 23 Oct 2024 16:45:37 +0000

The republican party of the 1990s must be turning over in its grave because the modern GOP is arguing teen pregnancy is a good thing. Equity partnership in Biglaw is a financial windfall, unless you’re in the 10-30% of partners getting a compensation cut. And do you like messy, I mean MESSY, legal drama? The latest from the Texas bankruptcy court romantic scandal is eye popping.

Learning How To Be A Professional

Ally Kvidt — Wed, 16 Oct 2024 20:30:56 +0000

We’ve got some young lawyers out there who don’t understand the basics of professionalism and it runs a lot deeper than just lacking experience. That said, there are some experienced attorneys falling down on fulfilling a different set of professional obligations. Meanwhile, Chief Justice Roberts is apparently very, very sad that the public didn’t appreciate his latest Constitutional rewrite.

Judge Decides To Just Make Up The Rules As She Goes Along

Ally Kvidt — Wed, 09 Oct 2024 14:45:02 +0000

Kathryn Mizelle was rated unqualified by the ABA and it shows. The Trump appointee just took it upon herself to rewrite the law despite acknowledging that higher courts have explicitly declined to do so. But she’s a very special snowflake apparently. Law school rankings are primed for a major shuffle if we’re to believe the available data. And… why do we need a new Matlock?

Eric Adams Must Really Hope Supreme Court Is Serious About Blowing Up Bribery Laws

Ally Kvidt — Wed, 02 Oct 2024 15:30:45 +0000

Eric Adams got indicted last week and quickly pulled out the big litigation guns to explain that the Supreme Court already said bribery was cool. Meanwhile, Jonathan Turley rushed to the embattled mayor’s defense to explain why ACTUALLY it was way worse that AOC once wore a borrowed dress to a party. Judge Pauline Newman’s fight to end the pocket impeachment her colleagues on the Federal Circuit imposed upon her has added even more objective medical evidence that the other judges will continue to pretend they can’t understand. And Shohei Ohtani’s 50-50 home run ball reminds everyone that free stuff still has taxable value.

Debbie Does The Dormant Commerce Clause

Ally Kvidt — Wed, 25 Sep 2024 15:20:27 +0000

Hardcore porn shows up in a law school lecture. You know, the rest of us managed to learn the relevant standards for obscenity laws within the context of the First Amendment without visual aides. Also, Diddy’s lawyers forgot how track changes works with embarrassing results. And Judge Aileen Cannon doesn’t know her Founding Fathers… how a flubbed disclosure form speaks to Originalism’s cynical lie.

The Urge To Merge

Ally Kvidt — Wed, 18 Sep 2024 17:00:17 +0000

Law firms are merging like crazy with announcement after announcement after announcement. What’s driving this big push and is this just going to be the way of the future? Also a judge invites us to meet the new racist, same as the old racist and we discuss the next must have for anyone taking depositions.

What is up with these federal judges?

Ally Kvidt — Wed, 11 Sep 2024 17:50:12 +0000

This week’s episode of Thinking Like A Lawyer is all about the wild decisions made by federal judges. First up is a Trump judge doing Trump judge things — but don’t tell him that. There’s a Ninth Circuit judge that keeps using his dissents to make political stump speeches, much to the chagrin of his colleagues. And the Second Circuit comes out against libraries, because we live in the dumbest timeline.

Biglaw’s Back To Office Misadventures

Ally Kvidt — Wed, 28 Aug 2024 15:30:36 +0000

Latham announced a new 4-day office work week, bucking the 3-day consensus, but attorneys are wondering where they plan to put everybody. Meanwhile Milbank is so eager to get to work that they’re inviting first-years to start early. Another firm joins the non-equity partner ranks, and the DOJ files an antitrust case with some of the hottest docs ever.

Disney Lawyers Learn That Discretion Is The Better Part Of Valor

Ally Kvidt — Wed, 21 Aug 2024 15:30:23 +0000

Disney’s lawyers made headlines last week, but not the good kind like you want. After lawyers argued that a free trial to Disney+ required a wrongful death suit to move to forced arbitration, we wondered how everyone from outside to inside counsel dropped the ball here. Immediately after recording, Disney backtracked. Also, is Skadden falling behind? And we talk legal technology!

Who Will Join Milbank’s Summer Bonus Party?

Ally Kvidt — Wed, 14 Aug 2024 16:30:41 +0000

Milbank is leading the associate compensation charge — again — with summer bonuses. The associate there must be thrilled… Unlike DLA Piper’s associates. That firm changed course on office attendance and it’s going over like a lead balloon. Elon Musk also changed course, because when he told advertisers to go F themselves he really meant, “if you don’t do what I want you to do I’ll sue you.”

Another Bar Exam In The Books

Ally Kvidt — Wed, 07 Aug 2024 16:15:45 +0000

The bar exam is officially past, now we wait to learn passed. This year’s examination included dehydrating applicants and examinees missing out on their family’s Olympic success. While bar exam changes are coming — and law students can get paid to help — at the end of the day it’s a giant boondoggle pushed by people who’ve never even taken the test. With Supreme Court term limits on the table, let’s talk a bit about how those work. And Jonathan Turley offers a disturbing look into his bizarro view of free speech.

Overpaid Partners, Nikki Haley Lashes Out, And Judge Might Want To Chill

Ally Kvidt — Wed, 31 Jul 2024 15:45:40 +0000

Should we pay associates more and partners less? That’s what this client thinks. Nikki Haley is threatening legal action against her supporters. Top notch politicking! Panel thinks that, maybe, a NY judge who threatened to shoot teenagers shouldn’t stay on the job.

Yale Law School Not Sending Its Best

Ally Kvidt — Wed, 24 Jul 2024 18:00:37 +0000

As soon as J.D. Vance found himself on the GOP ticket, everyone who remembered him from his Yale Law days shared their thoughts and brought out their receipts. “JD’s rise is a triumph for angry jerks everywhere,” isn’t a ringing endorsement. The campaign also tried to pull a fast one with some tricky phrasing about his time on the Yale Law Journal. Kirkland & Ellis adopts a carrot and stick approach — rewarding associates for recruiting and punishing partners for leaving. And we talk about the Baldwin case.

Judges Behaving Badly

Ally Kvidt — Wed, 17 Jul 2024 17:45:04 +0000

The Department of Justice has appointed special counsel to investigate politically charged cases for over a century. But Judge Aileen Cannon decided she has found a nugget of wisdom that every judge since the late 1800s overlooked and jettisoned Trump’s classified documents case claiming that Jack Smith’s was unconstitutionally appointed. Another of Trump’s appointees stepped down after the circuit compiled nearly 1000 pages of misconduct allegations against him. And Northwestern’s overwhelmingly white faculty isn’t white enough for some and they’ve filed a lawsuit.

Biglaw’s Big Billing Bonanza

Ally Kvidt — Wed, 10 Jul 2024 15:00:38 +0000

Law firms are rolling in dough as partners are charging more and billing more. But comparing Biglaw to the NBA? Come on, New York Times. Despite all the money, it’s not trickling down to associates in the form of mass summer bonuses yet, though there may still be some green on the horizon. And why are certain people so angry about testing reform?

Supreme Court Goes Out In Blaze Of Mendacity

Ally Kvidt — Wed, 03 Jul 2024 16:30:59 +0000

The Supreme Court closed out its season sidestepping text, precedent, and history — the trifecta! — to invent a new form of immunity to bail out Donald Trump. Weird, because so many of them were asked about this precise issue under oath and offered very different analysis. We also got January 6 legalized — over the fiery dissent of Amy Coney Barrett — the foundation of the administrative state thrown into chaos — and a blessing for anyone who wants to make it illegal to be homeless.

Law Firm Summer Bonuses Have Started… Will They Continue?

Ally Kvidt — Wed, 26 Jun 2024 15:30:56 +0000

We’ve got a few firms dipping into the summer bonus pool. But so far the pack hasn’t followed them into the water. The Supreme Court continues to shoot down the Fifth Circuit, recognizing that politicians can’t use false arrests to squelch free speech and using the Circuit to exorcise — just a little — their Second Amendment hangover. Is there anything normal about the YSL trial? The answer is no.

New Law School Rankings And Old Supreme Court Drama

Ally Kvidt — Thu, 20 Jun 2024 15:00:52 +0000

The Above the Law Top 50 Law Schools ranking is here and this year it’s putting power in the hands of the users. Meanwhile at the Supreme Court, ACB tells her colleagues that not every legal problem is a job for bad history. Sam and Martha-Ann Alito release Unplugged album, and it only took a matter of days into the Clarence Thomas Transparency Era for him to get caught covering up more gifts.

Clarence Thomas Turned Supreme Court Service Into An ATM Machine

Ally Kvidt — Wed, 12 Jun 2024 15:15:12 +0000

When ProPublica first reported that Clarence Thomas had taken half a million in gifts, it turns out they had only scratched the surface. New financial disclosures and some number-crunching from Fix the Court show that Thomas has taken over $5 million in gifts and likely gifts. Meanwhile, Ketanji Brown Jackson got roughly Beyonce tickets with a roughly $4000 face value. Meanwhile, there’s a summer associate taking a horse and carriage to work and Columbia Law Review is finally back online after its board nuked the website over an article about Palestinian rights.

Trump’s Lawyers Somehow Doing A Worse Job On TV Than In Court

Ally Kvidt — Wed, 05 Jun 2024 15:30:26 +0000

Donald Trump is now a convicted felon and everyone wants to know why his attorneys phoned in the defense. They… don’t have good answers. At all. Continuing the Trump beat, Judge Aileen Cannon continued to display a delicate mix of cynical obstinance and outright incompetence, slow-playing a motion to keep Trump from publicly lying about the FBI and then asking for briefing on how the Supreme Court’s CFPB case impacts the prosecution — which it only could have if the Supreme Court came out the other way. And students no longer care about the USNWR rankings… but maybe there’s a better measure of prestige.

Sam Alito’s In Distress Of His Own Making

Ally Kvidt — Wed, 29 May 2024 15:30:05 +0000

You might have thought flying a flag upside after January 6 would be the only “Sam Alito w/10 flag” story of the week, but you’d be wrong. The justice followed it up with another flag tied to the riots and got appropriately roasted over it all by Elena Kagan. Biglaw always paid well, but with partners crossing the $20 million compensation barrier, the structure of Biglaw inevitably shifts to accommodate the new normal. And a law school deals with the most avoidable cheating scandal ever.

You’re A Grand Old Flag, You’re An Upside-Down Flag

Ally Kvidt — Wed, 22 May 2024 16:10:53 +0000

Sam Alito flew his flag upside down in the aftermath of the insurrection. He doesn’t deny that, but he blames his wife for it. Dames, amirite? Aside from the obvious ethical issues implicated by having a Supreme Court justice visibly light in the “defending the Constitution against all enemies, foreign and domestic” department, why is Alito so objectively bad at responding to his scandals? Next thing you know, he’ll be blaming her for the Dobbs leak too. Meanwhile the California bar exam is running into bankruptcy and rather than address the problem, the State Bar is just gonna kick the can further down the road. And Elon Musk’s lawyers again earn their reputation as the gang that can’t shoot straight, managing to Streisand Effect a dispute with a Delaware law expert by threatening to fire a Biglaw firm if the professor filed his brief.

Trump Defense Team Playing Tiddlywinks At A Chess Match

Ally Kvidt — Wed, 15 May 2024 14:20:23 +0000

Having called Stormy Daniels a liar repeatedly in its opening, the Trump defense team was then shocked and appalled that the prosecution elicited testimony to rehabilitate her credibility. The hits didn’t stop there as they attempted to get out of the mess they’d landed in by sex shaming someone whose sexuality is their whole business. Trump lawyers do a lot better when the judge is running their defense. Meanwhile, an organization moved to preemptively pare down Trump’s SCOTUS shortlist to the least qualified, worst behaved candidates and its been a very Ponzi-rific week for one Biglaw firm.

The Gag Order Pt. 10

Ally Kvidt — Wed, 08 May 2024 15:00:01 +0000

Donald Trump’s trial shenanigans continue. Is he going to violate the gag order again? It seems inevitable but… our prediction might shock you! But even if his unfiltered “Truthing” is behind him, there are so many other ways to show contempt of court. And a busy week in Morningside Heights as Columbia Law School students ask school to cancel exams in light of campus unrest, or at a minimum convert its optional pass/fail model to mandatory pass/fail to avoid placing a stigma on worried students. Then conservative judges announced a boycott of Columbia until their demands for “viewpoint diversity” are met. Also, small talk becomes big diss track talk as we devote a whole segment to Drake and Kendrick going to war and the legal implications.

The First Law Of Whoever Smelt It, Dealt It

Ally Kvidt — Wed, 01 May 2024 15:20:26 +0000

The New York courtroom where Donald Trump is on trial is apparently unpleasant. Is that the former president’s doing? The world may never know. Also, the fact that the racists are coming for Justice Ketanji Brown Jackson isn’t surprising — but who gave them the green light? And, a judge learns a valuable lesson about hot mics and why you should always assume someone is listening.

Alienating The Judge And Jury Seems Like A Bold Strategy For Trump

Ally Kvidt — Wed, 24 Apr 2024 14:20:09 +0000

Donald Trump’s hush money trial kicks off after a week of Trump alienating everyone involved in the process by refusing to respect basic decorum and attempting to skirt the gag order by arguing that RTs aren’t endorsements. The Am Law 100 is also out and we talk through some of the key takeaways and Judge Ho tried to defend his take on forum shopping and it’s… not good.

A Big Week For Not Knowing The Law

Ally Kvidt — Wed, 17 Apr 2024 15:00:47 +0000

We continue breaking down the U.S. News & World Report law school rankings and the chaos that its new methodology introduced. And we know exactly who to blame for breaking these rankings. Elon Musk recently went in for a deposition defended by Quinn Emanuel’s Alex Spiro and earned a motion for sanctions. And a Berkeley Law protest goes viral, but all the “free speech” talk misses the mark.

US News Rankings Continue Slide Into Bonkerstown

Ally Kvidt — Wed, 10 Apr 2024 14:45:09 +0000

The full U.S. News & World Report law school rankings are out and they are… something. Duke is tied with Harvard? NYU nearly drops out of the top 10? Are we just hurling darts at a dartboard here? In a sense, yes. At least ever since law schools started withdrawing their cooperation. Meanwhile, a Biglaw firm tried to promote healthy sleep despite being the primary reason associates don’t sleep and Trump’s bond in the NY civil fraud case looks a little suspect.

Supreme Court, Disney, And Trump — A Wild Week In Review

Ally Kvidt — Wed, 03 Apr 2024 15:20:01 +0000

Special guest Liz Dye joins us to talk about the week that was. First, we delve into the abortion pill oral argument where even most of the conservatives scoffed at the right-wing effort to let an Amarillo courthouse second-guess the FDA on science. Almost as though the Chief Justice just tried to crack down on that practice. But along the way Neil Gorsuch showed off his (lack of) research skills and Alito and Thomas sought to revive the legal legacy of a chronic self-pleasurer. Then we check out the end of the showdown between Ron DeSantis and Disney that looks like a major victory for DeSantis until you, ya know, actually read the settlement agreement. Finally, Trump’s got another gag order and went straight to work setting up the inevitable contempt hearing over it.

Did Joe Biden Get More Standing Ovations At The State Of The Union Or On Cold Call

Ally Kvidt — Wed, 20 Mar 2024 15:00:45 +0000

Joe Biden says he got a standing ovation for trying to BS his way through a law school cold call. We call BS on that. Also Cooley Law School finds itself at the bottom of the heap when it comes to bar passage rates again. At some point, the ABA has to step in… right? Finally, the nation’s judges did something about politicized forum shopping and right-wingers can’t stop help but crying about how they miss their cheat code.

Biglaw’s Parental Leave Backslide

Ally Kvidt — Wed, 13 Mar 2024 15:30:34 +0000

Are law firms going to get stingy with parental leave? While most firms report solid revenue, sparking resentment over a few weeks of leave seems like a weird strategy, but DLA Piper recently cut back on the leave available to non-birthing parents. It’s a first as far as Above the Law can tell, but will it be the last? Also, the Supreme Court screwed up its metadata, committing an error that would get junior associates fired. And finally, Joe Biden offered the Court some tough talk… by quoting them.

Too Rich For Trump’s Blood

Ally Kvidt — Wed, 06 Mar 2024 16:00:57 +0000

Donald Trump needed to put up some cash before E. Jean Carroll can begin executed the judgment she has against him. Instead, Trump tried to argue that he was simply too rich to put up a bond. The argument was not persuasive, but it did get Above the Law mentioned on Stephen Colbert. We also discuss the Supreme Court taking up the Trump immunity case even though there’s not a chance they’ll endorse his theory. And when should we just let bygones be bygones with a lawyer’s bigoted past? A law professor says everyone is way too hard on Thomas’s new clerk just because she got fired from a past right-wing organization after racist messages came to light.