Original Jurisdiction

Hosted by David Lat

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109

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Oct 2026

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About the show

Original Jurisdiction, a podcast about law and the legal profession, features host David Lat interviewing some of the most interesting, influential, and important people in the world of law. It's the companion podcast to Lat's Substack newsletter of the same name. You can follow David on Twitter (@DavidLat) or email him at davidlat@substack.com, and you can subscribe to his newsletter at davidlat.substack.com. davidlat.substack.com

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60 recent

November 12, 202646 min

The Coming Congressional Investigations Boom: Alyssa DaCunha

The 2026 midterm elections represented a veritable “bluenami.” Democrats won control of both chambers of Congress, flipping at least 40 House seats and eight Senate seats—and this political shift has significant implications for the legal world. For starters, it will likely lead to a slew of congressional investigations and hearings, as Democrats flex their oversight muscle. If you’re a general counsel or chief legal officer at a company that might find itself under the congressional microscope, you might want to reach out to someone like my latest guest: Alyssa DaCunha, a Chambers-ranked investigations lawyer who co-leads the congressional investigations and crisis management practices at WilmerHale. We began our conversation by discussing how Alyssa and her colleagues prepare CEOs and other senior executives to testify before Congress. We then turned to last week’s elections, what Alyssa expects the new Democratic majorities to prioritize in their investigations, and what companies can do to get ready for heightened scrutiny. Thanks to Alyssa for joining me—and for pulling back the curtain on such an interesting and important practice area. Show notes: * Alyssa DaCunha bio , WilmerHale LLP * After the Election: What Unified Democratic Control Means for Congressional Oversight of Companies , by Alyssa DaCunha et al. * Preparing for 2027 Congressional Oversight: Key Areas of Risk for Companies , by Alyssa DaCunha et al. 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@nexfirm.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

October 28, 202649 min

Demystifying The MSO: Trisha Rich

The rise of the management service organization (MSO) will reshape—and is already reshaping—the legal industry. In terms of important trends for the business of law, it’s up there with the rise of AI. But unlike AI, relatively few people know much about MSOs, including the basics of how they work and why they’re taking off.Trisha Rich—a longtime partner at Holland & Knight, where she leads the firm’s national Legal Profession Team—is one of the nation’s leading experts on MSOs. If you’re looking for an excellent primer on the MSO phenomenon and its implications for the legal world, you’ve come to the right place. Thanks to Trish for taking the time to speak with me about such a significant subject—one that anyone interested in the legal industry and profession needs to know about. Show notes: * Trisha M. Rich bio , Holland & Knight LLP * Restructuring Law Firms Through Management Service Organizations , by Joshua E. Porte, Trisha M. Rich, and Leonard C. Brahin * Everything Old Is New Again: Why Law Firm MSOs Fit Comfortably Within Existing Ethics Rules , by Trisha M. Rich, Joshua E. Porte, Charles E. Graham III, William A. Ringhofer, and Leonard C. Brahin * Law Firm Structure & Regulation Heat Map , by Trisha M. Rich and Joshua E. Porte 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@nexfirm.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

October 15, 202648 min

The Disappointed Originalist: Sherif Girgis

Within the world of legal nerds, there has been a lot of buzz lately about originalism, the theory of constitutional interpretation that calls for interpreting the Constitution based on the original public meaning of its provisions. Some of this might be due to the start of the latest Term of the U.S. Supreme Court, and some of this might be connected to the publication of Justice Samuel Alito’s new book, So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country . In light of this, I was delighted to speak with Professor Sherif Girgis of Notre Dame Law School, a leading scholar of originalism and a former law clerk to Justice Alito. In our conversation, Sherif and I covered what he views as the best argument in support of originalism, as well as the particular type of originalism he espouses (because originalism is not a monolith). We also discussed the current Supreme Court, including what grade he would give it; the chances that the justices will overrule Obergefell v. Hodges , which recognized the constitutional right to same-sex marriage; and the past, present, and future of the First Amendment. Thanks to Sherif for joining me—and congratulations to him on his upcoming move to Harvard Law School. Show notes: * Sherif Girgis bio , The University of Notre Dame Law School * What Is Originalism? | Interview: Sherif Girgis , by Sarah Isgur and David French for Advisory Opinions * Sherif Girgis joins the Harvard Law faculty , by Harvard Law News Staff 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@nexfirm.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

September 30, 202649 min

‘There’s Always A Way’: Jaime Santos

Earlier this month, Jaime Santos joined Proskauer Rose, making her the latest in a series of appellate advocates to switch firms in 2026. She came from Goodwin, where she practiced for more than a dozen years and served as co-head of the Supreme Court and appellate practice. What led Jaime to make the move, and what does she think is driving all the lateral hiring in the space? With a new Supreme Court Term starting this coming Monday, which cases is she watching? And as the first ERISA and employee-benefits lawyer I’ve had on the podcast (after more than 100 episodes), what does she see as the key emerging issues in the field? Thanks to Jaime for such an interesting and inspiring conversation, and congratulations to her on joining Proskauer. Show notes: * Jaime Santos bio , Proskauer Rose LLP * Goodwin Supreme Court Group Chief Santos Bolts for Proskauer , by Meghan Tribe and Jacklyn Wille for Bloomberg Law * Proskauer Hires Goodwin Procter’s Supreme Court Co-Head , by Kevin Penton for Law360 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@nexfirm.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

September 17, 20261 hr 5 min

The Making Of A Celebrity Litigator: Mathew Rosengart

Five years ago this fall, Mathew Rosengart made international headlines when he secured the termination of the 13-year conservatorship of pop icon Britney Spears. But while he might be most famous for how he helped #FreeBritney, Rosengart has litigated many major matters over the years, representing clients ranging from Hollywood celebrities like Sean Penn and Selena Gomez to multinational corporations like Meta and Verizon. How did Mathew, co-chair of the media and entertainment litigation group at Greenberg Traurig, get to where he is today? Last week, I had the pleasure of interviewing him about his remarkable career. We discussed his clerkship with David Souter, then a justice of the New Hampshire Supreme Court; his service as a federal prosecutor, where he handled several high-profile cases; and his current practice at the highest levels of entertainment law and litigation. Thanks to Mathew for joining me on this must-listen episode of the Original Jurisdiction podcast. Show notes: * Mathew S. Rosengart bio , Greenberg Traurig * Mathew Rosengart, Hollywood’s King of Litigators, Talks Britney Spears Conservatorship, Early Legal Influences and Standing Up Against Bullies , by Malina Saval for Variety * The Man of Steel , by Elizabeth Gehrman for BC Law School Magazine * Justice Souter’s book list , by Mathew Rosengart for SCOTUSblog 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.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

September 9, 202642 min

Google Goes All In On Legal AI: Halimah DeLaine Prado

Legal AI is a big deal—and a big business. How do we know this? It’s attracting interest beyond specialized, law-focused providers like Harvey and Legora (which are themselves already multibillion-dollar businesses ). Last month, Google announced Gemini Enterprise for Legal, part of the company’s growing suite of purpose-built industry solutions. But what makes this new product different from general-purpose AI? To learn more about Gemini Enterprise for Legal, I interviewed Halimah DeLaine Prado, who has served as GC of Google since 2020. But given the breadth and importance of Halimah’s role and Google’s many appearances in the news these days, we covered other subjects as well—including the ad-tech antitrust litigation, in which a major ruling came down last week, and the proliferation of lawsuits against social-media platforms like YouTube, which Google owns. Thanks to Halimah for her time and insight, and congrats to her and her colleagues on the launch of Gemini Enterprise for Legal. Show notes: * Halimah DeLaine Prado bio and blog posts , Google * Exclusive: Google’s general counsel says AI can’t replace human judgment , by Ina Fried for Axios * Now introducing Gemini Enterprise for Legal , by Thomas Kurian for Google Cloud 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@nexfirm.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

August 19, 202650 min

Building A Legal Playbook For Crypto’s Next Chapter: Molly Abraham

Cryptocurrency is at a critical point in its evolution. The existential questions have been answered —crypto is here to stay—and now the main issues relate to how it will be regulated (and by whom). Last year, Congress passed the GENIUS Act, landmark legislation governing a particular category of crypto called stablecoins. And when it returns from its August recess, the Senate will consider the CLARITY Act, a comprehensive market-structure bill covering the entire digital-asset ecosystem. So Molly Abraham, who became the new general counsel of Coinbase last month, assumes her new role at an exciting time for her company—the nation’s largest cryptocurrency exchange—and for the crypto industry more generally. After reviewing her impressive legal career (and reminiscing about Wachtell Lipton), we covered the CLARITY Act, how Coinbase’s legal team is using AI in innovative ways, and how Molly believes the raging litigation over prediction markets will be resolved. Thanks to Molly for joining me, and congratulations to her on becoming the GC of Coinbase. Show Notes: * Molly Abraham bio , Coinbase * Coinbase’s New GC Sees AI as Legal Department’s Biggest Opportunity and Risk , by Michael Gennaro for Law.com * Molly Abraham of Coinbase on Legal Leadership, Flying Cars, and The Art of Questioning Everything , by GC AI 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@nexfirm.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

August 5, 202645 min

Biglaw’s Embrace Of Contingency Litigation

For much of the time that I’ve been writing about the legal profession, the line between plaintiff- and defense-side litigation was clear, stable, and widely respected. Small, scrappy firms took plaintiffs’ work on contingency; large, prestigious firms defended corporations for hourly rates. That division has been eroding—slowly at first, then with increasing speed. Today, defense-oriented Biglaw firms are actively seeking plaintiff-side engagements for their corporate clients, competing with the plaintiffs’ bar for cases that they wouldn’t have looked at even a decade ago. On Wednesday, May 6, I had the pleasure of moderating an excellent panel discussion dedicated to exploring these developments. It featured three great experts: Eva Cole , co-chair of the antitrust and competition practice at Winston Taylor; Evan Meyerson , managing director at Burford Capital; and Avi Weitzman , co-chair of the complex litigation and arbitration practice at Paul Hastings. I’m now pleased to share our conversation with you as a special episode of the Original Jurisdiction podcast. Thanks to the panelists for the time and insight, and thanks to Burford Capital for organizing this great event. Show Notes: * Defense-Focused Biglaw Moves Into Plaintiff-Side Work , by David Lat for Original Jurisdiction * Turning In-House Legal Departments Into Revenue Generators , by David Lat for Original Jurisdiction * Survey of in-house counsel on commercial opt-out claims , by Burford Capital * Litigation economics: CFOs and GCs weigh in on best practices in optimizing legal department value , by Burford Capital Sponsored by: Burford Capital helps companies and law firms unlock the value of their legal assets. With a portfolio of over $7 billion and listings on the NYSE and LSE, Burford provides capital to finance high-value commercial litigation and arbitration—without adding cost or risk or giving up control. Clients include Fortune 500 companies and Am Law 100 firms, who turn to Burford to pursue strong claims, manage legal costs and accelerate recoveries. Learn more at burfordcapital.com . This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

July 22, 202653 min

From Cravath Partner To Boutique Founder: Ben Gruenstein

Earlier this year, Benjamin Gruenstein left Cravath Swaine & Moore, his professional home for almost two decades, and founded his own boutique, Gruenstein Law. Ben and I first met around the time that he launched his firm, after we were introduced by a mutual friend (but not his brother, former Wachtell Lipton partner David Gruenstein , with whom I used to work). I greatly enjoyed my conversation with Ben and thought that I’d love to have him on the podcast at some point. And now, the time has come. In our conversation, Ben discussed three topics in the news: (1) his departure from Cravath, which has seen higher-than-usual partner turnover this year, and why he wanted to launch his own firm; (2) Fernandez v. United States , an interesting and important case that was recently decided by the U.S. Supreme Court, which Ben argued before the justices; and (3) how AI is transforming the practice of law—and the role it played in Ben’s decision to leave Biglaw. Thanks to Ben for his insights—in our interview and more generally—and good luck to him and his colleagues at Gruenstein Law. Show Notes: * Benjamin Gruenstein bio , Gruenstein Law * Cravath Partner Gruenstein Launches Boutique Firm in New York , by Meghan Tribe for Bloomberg Law * Cravath Investigations Partner Launches His Own Boutique , by Ryan Harroff for Law.com * Cravath Partner Launches Corporate Investigations Boutique , by Daniel Connolly for Law360 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@nexfirm.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

July 8, 202644 min

Supreme Court Term In Review: Zach Shemtob

Last Tuesday, June 30, the U.S. Supreme Court issued its final opinions in argued cases for October Term 2025. So it’s an ideal time to review the Term that was—and to look ahead to what’s on the docket for OT 2026. I could think of no better guest for this project than my husband, Zachary Baron Shemtob. Zach is the executive editor of SCOTUSblog—a leading news outlet, if not the leading news outlet, about the Supreme Court. Before joining SCOTUSblog in May 2025, he practiced at two top law firms, clerked for the Second Circuit and Southern District of New York, and graduated from Georgetown Law, where he served as editor-in-chief of the law review. Prior to his legal career, Zach was an assistant professor of criminology, where he focused on legal decision making. Thanks to Zach for joining me—and thanks to him and the entire team at SCOTUSblog for their excellent work. Show Notes: * Zachary Shemtob author page , SCOTUSblog * Zachary Baron Shemtob , personal website 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@nexfirm.com. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

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