Original Jurisdiction

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.I’m very proud of the guests I’ve hosted on the Original Jurisdiction podcast, who are some of the most interesting and influential figures in the world of law. But I recently noticed a significant gap in their ranks: I’ve never hosted the general counsel or chief legal officer of a publicly traded company.To remedy this, I went big: I interviewed Sandra Leung, who recently stepped down as executive vice president and general counsel of Bristol Myers Squibb (BMS), the biopharmaceutical giant that’s both a Fortune 100 and S&P 100 company. Sandy worked for BMS for almost 33 years, 18 of them as GC—so she’s an expert on the crucial role of in-house counsel, with lots of wise advice for GCs and CLOs. At the same time, as a former GC, she was willing to address hot-button topics that many sitting GCs might steer clear of—such as the Trump administration's executive orders targeting law firms, including how these orders should affect the thinking of GCs when considering which law firms to hire as outside counsel.This interview is also timely because May is Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month—and Sandy, a past president of the National Asian Pacific American Bar Association (NAPABA), is a longtime leader in the AANHPI community. In our conversation, we discussed why she has devoted so much of her time and energy over the years to advancing diversity—and why she believes it remains essential for organizations, despite the backlash against DEI.Thanks to Sandy for her time, insight, and many years of service to the legal profession. And congratulations to her on a long and successful tenure as GC.Show Notes:* Sandra Leung bio, NAPABA* Bristol Myers Squibb GC to Retire After 33 years With Drugmaker, by Chris O’Malley for Corporate Counsel/Law.com* Bristol-Myers GC Sandra Leung To Retire After 33 Years, by Christine DeRosa for Law360Prefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.It isn’t easy being a criminal-defense attorney. Your clients are counting on you, often with their liberty on the line. You work your heart out for them. And in the end, at least once your client has been charged, the odds are high that they’ll end up convicted—whether through pleading guilty or losing at trial. In the federal system, fewer than one percent of defendants get acquitted. But some defense lawyers manage to beat the odds, time and time again—like David Oscar Markus, founding partner of Markus/Moss PLLC. Over his almost three decades in practice, he has scored numerous trial victories. In 2023, he and his partner Margot Moss secured an acquittal for Andrew Gillum, the former mayor of Tallahassee and Florida gubernatorial candidate, after nearly three weeks of trial. (The jury acquitted Gillum of making false statements to the FBI; it hung on other counts, which the prosecution later dismissed.)And just last month, David and his partner Lauren Krasnoff won an across-the-board acquittal for businessman Diego Sanchez, in a complex case involving allegations of a $65 million healthcare fraud. The trial lasted for almost a month—and in the end, the jury found Sanchez not guilty on all seven counts.How did David pull off this challenging win? What does he view as the most important skill for a trial lawyer? When does he put his client on the stand? How does he handle the media in a high-profile case? David and I tackled all of these topics and more, in a wide-ranging and candid conversation.Thanks to David for joining me, and kudos to him on his recent trial victory—far from his first, and definitely not his last.Show Notes:* David Oscar Markus bio, Markus/Moss PLLC* Southern District of Florida Blog, by David Oscar Markus* For the Defense, by David Oscar Markus* Miami Jury Returns Defense Verdict in $36M Health Care Fraud Case, by Tommaso Baronio for Law.comPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.Democrats and progressives are on the defensive. Preoccupied with responding to the “shock and awe” of the Trump administration, they’re having a hard time putting forward an affirmative agenda of their own.At some unknown point in the future, however, Democrats will return to power. When they do, what actions should they take?According to my former Above the Law (ATL) colleague Elie Mystal, the left needs to take a page from the right’s playbook and “come in with the hammer.” Instead of focusing on repairing what Trump has broken, Democrats need to rally the people around destroying what deserves to be destroyed.And Elie has thoughts on where they should start. In his new book Bad Law: 10 Popular Laws That Are Ruining America, he identifies 10 laws that he believes need to be ended, not just amended.What federal and state laws are on Elie’s chopping block? What are his thoughts on the first two months of the Trump administration, especially the executive orders targeting law firms? And—this is the question I’m asked most frequently about Elie—does he actually believe the controversial, occasionally outrageous things he says?Show Notes:* Elie Mystal bio and archives, The Nation* Elie Mystal, Bluesky* Bad Law: 10 Popular Laws That Are Ruining America, AmazonPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.We live in an interesting time for Biglaw—in the ironic sense that “interesting” is used in the famous saying, “may you live in interesting times” (whose origin is disputed). Today is a time of unique challenges and opportunities for the world of large law firms.What does it feel like to sit in the chair of a Biglaw leader right now? To find out, I welcomed a guest I’ve been wanting to have on the podcast for a while: Yvette Ostolaza, chair of the management committee at Sidley Austin.I was hoping to ask Yvette about, shall we say, current events. But at the outset of our interview, she explained that she couldn’t comment on recent news developments involving the firm. (She didn’t name specific subjects, but an obvious one would be the Equal Employment Opportunity Commission sending letters to 20 law firms—including Sidley—to obtain information about their DEI-related employment practices.)Nevertheless, we still covered a lot of ground. We discussed her journey to the top job at Sidley, the nation’s #6 firm in terms of revenue; her vision for the future of the firm; and how she juggles running a Biglaw firm, litigating on behalf of her clients, and parenting three children. Thanks so much to Yvette for joining me.Show Notes:* Yvette Ostolaza bio, Sidley Austin LLP* Leader, Luminary, Role Model: Yvette Ostolaza Breaks Ceilings And Brings The Rain, by Liane Jackson for ForbesPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.If you follow the legal profession and industry, you need to know about legal technology. New innovations have transformed, and continue to transform, the practice of law. And with the arrival of generative AI, the impact of technology upon the world of law will only grow—exponentially.To better understand the implications of emerging legal tech, I interviewed Joe Borstein, one of the most knowledgeable people I know on this subject. Joe is the CEO and co-founder of LexFusion, a top accelerator of tech companies in the legal space—which was recently acquired by Baretz+Brunelle (BAA-retz and BREW-nell) aka B+B, a leading growth advisory firm to elite businesses in the legal sector.Is legal tech finally having its moment—and if so, why? How will AI affect the legal industry, including but not limited to employment opportunities? Which AI-driven products and companies are ones to watch in the years ahead? Listen to my conversation with Joe to learn all of this—and much more.Show Notes:* Joseph Borstein bio, LexFusion* Communications and Marketing Firm Baretz+Brunelle Acquires Go-to-Market Company LexFusion, by Bob Ambrogi for LawSitesPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.Because of my obsession with the judiciary, I have read, witnessed, and conducted countless interviews of judges over the years. And I’ll be honest: as interview subjects, judges are a mixed bag. Some can’t explain complex legal concepts in understandable ways. Others are too guarded, afraid of saying anything that might give rise to controversy—or recusal requests.Fortunately, the judges I’ve interviewed for the Original Jurisdiction podcast have been great—and if you’ll indulge me briefly as I toot my own horn, part of this is because I’ve picked the right judges. I invite judges whom I know, based on my own interactions with them, to be thoughtful, thought-provoking, honest, and even fun.My latest guest, Judge Vince Chhabria of the U.S. District Court for the Northern District of California, continued this tradition. While not addressing any pending cases or specific legal issues that might come before him, he spoke candidly and insightfully about a number of important subjects that are in the news today—including judicial activism, judge shopping, constitutional crisis, and the state of our democracy.Thanks to Judge Chhabria for a lively and informative conversation. And thanks to him and his fellow federal judges for the important work that they do, day in and day out—which, as the past few weeks have reminded us, is essential to our democracy.Show Notes:* Vince Chhabria faculty bio, Harvard Law School* The Problem With Multidistrict Litigation (featuring Judge Chhabria), Advisory OpinionsPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.We’re less than a month into the second Trump administration, and mayors of major cities are already feeling the heat. The barrage of executive orders out of the White House can be hard to keep up with—and mayors of blue cities must decide which ones to fight, which ones to go along with, and which ones to try to change.So it’s an interesting—and challenging—time to be Mayor Quinton Lucas, the 55th mayor of Kansas City, Missouri. He’s having to navigate what all of Trump’s actions mean for the city he governs, one of the 40 largest in the country. And as a Democratic mayor in a Republican-dominated state, he has to deal with his state’s government as well—sometimes confrontationally, and sometimes cooperatively.As he goes about his work, “Mayor Q” draws upon his legal training and experience—as an Eighth Circuit clerk, practicing litigator, and law professor at the University of Kansas. And he’s ultimately optimistic about the future—including February 9, when his city’s powerhouse football team will go up against the Philadelphia Eagles in Super Bowl LIX. Go Chiefs!Show Notes:* Meet Mayor Lucas, City of Kansas City* Post-Emption and the Mayoral Toolbox: Levers and Limits of City Resistance to State Preemption, by Quinton D. Lucas and Gavriel Schreiber for The University of Chicago Law ReviewPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.Three years ago this month, in January 2022, the constitutional lawyer and scholar Ilya Shapiro almost lost his job at Georgetown Law—over a tweet. The controversy, which I covered extensively in these pages, was followed by disruptive protests of speakers at other top law schools, including Yale and Stanford.According to Shapiro, these events reflected the “illiberal takeover of legal education”—the subject of his new book, Lawless: The Miseducation of America’s Elites. I interviewed Shapiro—about Lawless, whether the intellectual climates at law schools have improved since his near-cancellation at Georgetown, and what can be done to protect and promote free speech and intellectual diversity in higher education—in the latest episode of the Original Jurisdiction podcast.Show Notes:* Ilya Shapiro bio, Manhattan Institute* Lawless: The Miseducation of America’s Elites, Amazon* Shapiro’s Gavel, Substack* Ilya Shapiro Resignation Letter to Georgetown University Law Center, June 6, 2022, Foundation for Individual Rights and Expression (FIRE)Prefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.Are you familiar with the world of private credit? If not, you should be. The rise of private credit—sometimes referred to as non-bank, alternative, or direct lending—is one of the most important developments in the American economy since the financial crisis and Great Recession.Private credit is also one of the hottest practice areas in Biglaw. I’ve been meaning to have a podcast episode about it—for quite some time. And after The New York Times published a lengthy exposé on “the shadowy world of private credit” last month, on the front page of the Sunday business section, I decided the time had come.I was therefore delighted to interview one of the country’s top private-credit lawyers, Jennifer Daly. A Chambers Band 1 lawyer for this field, Jenn leads the private-credit practice at Paul Hastings, a Chambers Band 1 firm in the space.Our conversation offered an excellent overview of private credit. But even lawyers who are knowledgeable about the subject will enjoy hearing about Jenn’s unusual career journey, including several years away from the practice of law; why she and her group joined Paul Hastings, a magnet for lateral partners these days; her defense of private credit, in response to claims that it lacks sufficient regulation or transparency; and her predictions about the field’s future, which she believes to be bright.Show Notes:* Jennifer E. Daly bio, Paul Hastings LLP* Paul Hastings Adds Premier Restructuring and Private-Credit Team, Paul Hastings LLP* Wall St. Is Minting Easy Money From Risky Loans. What Could Go Wrong? (gift link), by Rob Copeland and Maureen Farrell for The New York TimesPrefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.Sponsored by:NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment at nexfirm dot com.