Where do I get my story ideas? Most arise organically out of the news, but some come from topic suggestions aka “pitches.” Sometimes pitches come from lawyers in the news, and sometimes they come from a lawyer or law firm’s public-relations or communications team—media-savvy professionals who work for attorneys and firms to help them secure favorab…

Welcome 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. Defamation law and copyright law: I have a keen interest in both, which …

Welcome 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. Here’s a trivia question for devotees of Original Jurisdiction: excludin…

Welcome 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. Thanks! By next Thursday, August 16, creditors must vote on whether to a…

Welcome 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. Thanks! One of the most consequential developments of the last Supreme C…

It’s been more than three years since Josh Barro and Ken White started All The President’s Lawyers (the first name of this show) to explore the legal problems of then-President Donald Trump, and wow, did he have legal problems. He still has legal problems, but he’s no longer president, and it’s time to wind down this very fun show. On this final ep…

Just 22 days after Steve Bannon was referred to the Department of Justice for contempt of Congress, we have an indictment. Is that a long time? No, very much not. Ken says that’s the speed you’d expect for someone who’s robbed a break or something “showy that involves guns.” What happens next? What does the government have to prove here? And what m…

There’s been another indictment in special prosecutor John Durham’s investigation of the investigation into links between Donald Trump’s presidential campaign and Russia. It’s another indictment for false statements to federal officials, this time of Igor Danchenko, a Russian national and Russia analyst who was one of Christopher Steele’s sources i…

We now know which documents former President Trump is seeking to block from the January 6 select committee: the White House daily diary, which would show his movements and meetings; phone records and records of his senior staff, and a few other documents, including a draft of a speech for the “Save America” rally, a handwritten note, and more. Trum…

This week, Josh Barro and Ken White catch up on a few familiar characters and tie up some loose threads. Lev Parnas, former associate of Rudy Giuliani: convicted of six counts of charges related to funneling and concealing political contributions. There was speculation about whether Parnas himself would take the stand — Ken talks about when that’s …

Former President Trump has sued the National Archives and the chairman of the January 6 investigating committee, Congressman Bennie Thompson, to try to prevent the disclosure of White House papers, records and communications up to and during the riot. He’s asserting executive privilege. What does that mean again? Where does the idea of executive pr…

This is a special episode of All the Presidents’ Lawyers with Carissa Byrne Hessick, professor of law at the University of North Carolina. As we’ve discussed previously on the show, some federal judges have been wondering (sometimes aloud, in their courtrooms) whether the Capitol Riot defendants are getting off too easy. More than six hundred peopl…

Former President Donald Trump has sued Twitter trying to get back on the platform. His suit says Twitter violated his First Amendment rights and that they broke a new Florida law that purports to prohibit social media companies from being banned in a manner inconsistent with the companies’ internal policies. The thing is, the First Amendment applie…

What is ‘Trump Derangement Syndrome’? It’s a condition that afflicts conservatives and liberals alike – and lawyers in particular. This week, Ken White and special guest David Lat discuss the attorneys that, uh, have gone astray defending Donald Trump. Ken White and special guest David Lat discuss Jeffrey Clark, who tried to oust fellow Jeffrey (Ro…

John Durham, the former US attorney who was appointed special counsel to investigate the origins of the investigation into the 2016 Trump campaign and its alleged connections to Russia, has turned an indictment. A grand jury has indicted Michael Sussmann, an attorney at election law firm Perkins Coie, for making false statements to federal official…

There’s been a lack of thumb-headed henchmen news on the show for a bit… so this week, Ken and Josh check in on one. Igor Fruman, a sometime associate of Rudy Giuliani, has pleaded guilty to one count of soliciting foreign campaign contributions. In his indictment, it was alleged that Fruman, along with Lev Parnas and others, illegally funnelled mi…

Trump Organization employee Matthew Calamari Jr. testified last week before the New York grand jury that’s looking into the financial practices of the Trump Organization. It’s the same grand jury that indicted then-Trump Organization CFO Allen Weisselberg a few months ago. What should we make of the details that have been reported about this subpoe…

What happens when you’re facing federal charges connected to the Jan. 6 insurrection and your lawyer….goes missing? And their associate, who has been showing up in court, is not a licensed attorney and is facing felony indictments? Yikes. That’s the case for clients of John Pierce, one of the more ideological advocates. What happens when an attorne…

It’s a big week for Michael Avenatti. A mistrial! Judge Selna ruled that the government had withheld financial evidence they should’ve made available to Avenatti as he defended himself in the case where he was being tried for embezzling funds from his clients. He’s going to be tried again in October. Is it a major factor that each side has seen the…

Former acting Attorney General Jeffrey Rosen testified about what happened between him, Donald Trump, and former acting head of DOJ Civil Division Jeffrey Clark in a closed session with the DOJ Inspector General and the Senate Judiciary Committee. TL:DR and also it was a closed session, so here’s what we know; Clark tried to pressure former preside…

This week, we’re bringing on special guest Ryan J. Reilly, senior justice reporter at HuffPost, while Ken enjoys a deserved vacation. We’ve followed and referenced Ryan’s reporting on prosecutions related to the Capitol riot for the past seven months and it’s time to check in. First: what does it look like for hundreds of cases to move through one …

The Biden administration said this week that the House Ways and Means Committee can have access to former President Trump’s tax returns. The committee says it wants the returns as part of an ongoing investigation into how the IRS audits presidents – and that Trump’s returns serve a valid legislative purpose. Trump said he’d personally sue to preven…

Michael Avenatti is one week into representing himself in federal court in Southern California, where he is accused of stealing funds from his client. Is he doing a good job lawyering for himself? And is a juror in the trial secretly posing as Josh Barro for this week’s podcast? You won’t know until you listen! P.S. As mentioned in the show, we’ve …

This week, Michael Avenatti told a federal district judge in California that he would like to represent himself in his second of three criminal trials, in which he is charged with stealing millions from his clients’ settlements. There are a lot of reasons why hiring a lawyer is a very good idea and a very smart idea. Is it possible, though, that Mi…

Allen Weisselberg is no longer in executive positions with the Trump Organization and its subsidiaries. Does this signal anything about the relationship between the former CFO and the company? Weisselberg’s defense is going to be very, very expensive. How expensive? Ken says there’s a good chance a full defense in a case like this could even be $1.…

Surprise episode! Josh Barro and Ken White talk about the unsealed indictments of the Trump Organization and its chief financial officer, Allen Weisselberg. They’re alleged to have engaged in a fifteen-year tax fraud scheme that protected Weisselberg and other Trump Organization employees from paying tax. In Weisselberg’s case, that’s over $1.7 mil…

As of Wednesday morning, there have been no charges yet against the Trump Organization or any of its senior officials. The Wall Street Journal reported that charges for tax related crimes are expected Thursday for the organization and its CFO, Allan Weisselberg. Ahead of those charges, there have been reports that the New York District Attorney gav…

The first Capitol riot defendant received her sentence today, more than six months after the insurrection. Ken White and Josh Barro analyze the sentencing memos from the woman’s lawyer and the government. Both agreed that a lenient sentence with no jail time was appropriate for her one misdemeanor count (to which she pleaded guilty) and the governm…

It’s been an interesting week for Donald Trump’s Department of Justice, despite the fact that Donald Trump isn’t president anymore. This week, we saw communications from Trump administration officials pressuring people in the Department of Justice to investigate increasingly erratic claims about the November election. In one exchange, White House C…

Before the election, the Department of Justice under President Trump was at work defending him in E. Jean Carroll’s defamation suit, arguing that when Trump denied Carroll’s accusation that he had raped her, he did so in his official capacity as president, and therefore he couldn’t be sued. It’s customary for the Department of Justice to represent …

When David Lat, Managing Partner of Lateral Link, contracted COVID-19 back in March, he made the pandemic real and personal for many of us in the legal industry. Three months later, I have him as my last guest on In Seclusion and ask him what lessons we've learned through it all. He gave me three. We've learned to work successfully on a remote basi…

Victoria Hudgins, Reporter at LegalTechNews, reports on the legal tech sector and noticed that some of the first cuts that major law firms made during the pandemic were related to their technology innovation teams. Lawyers and tech staff were subjected to layoffs, furloughs, and pay cuts almost immediately as firms feared a reduction in revenue and…

Jason Barnwell, Assistant General Counsel of Modern Legal at Microsoft, does not like it when his outside legal counsel comes to him with traditional offerings during a crisis. If there is ever a time to package legal services in a way that helps in-house attorneys manage their limited resources, that time is now. Don't ask the client to define wha…

Patrick DiDomenico, the Chief Innovation Officer at Jackson Lewis, says that while Necessity may be the Mother of Invention, Crisis may be the Father of Innovation. And this year is definitely filled with crisis events. While the remote nature of work is a challenge, it has also been a bit of a blessing in disguise. The need to be responsive also e…

Joshua Lenon, Lawyer in Residence at CLIO, works in a cloud-based environment where the idea is to operate consistently, regardless of physical location. And that’s exactly what they have done over the past three-plus months. For others in the legal field to follow this lead, he says that we need to invest more in technology for our staff, as well …

Colin Levy, Legal Technology, and Legal Innovation Thought Leader says that there are a lot of people in the legal industry who are truly trying to innovate, but that innovation does not equal technology, and technology does not equal innovation. There’s a holistic approach that needs to be taken, especially in the middle of a crisis like we have n…

Craig Levinson is President & Chief Client Developer at Levity Partners and the author of the recent articles “Top 20 Virtual Client Development Tactics Lawyers Can Begin Implementing Immediately,” and “What All Attorneys Can Learn From Female Rainmakers: Panel Recap.” The practice of establishing virtual tactics around client and business developm…

As many of us were rushing to work from home at the beginning of the pandemic, law firm security teams were scrambling to ensure that the networks and hardware were protected from possible attacks. Joel Lytle, Director of Information Security at Jackson Walker in Dallas, joins me to talk about the process he went through during the initial phase of…

David Kamien, CEO, and co-founder of Mind Alliance discusses how when COVID-19 began shutting down the economy, law firms opened up a firehose of thought leadership for their clients. While the clients’ inboxes were overflowing with information, and firms were establishing COVID-19 resource pages, the ability for the client to easily search and fil…

Danny Norris, Attorney at Law and Trustee at the Harris County Texas Department of Education, discusses his experiences over the past few months of changing jobs, being busy with a full-time Intellectual Property law practice, and elected official. While businesses in Texas are reopening, it is the school system that has continued to find ways of h…

Casandra Laskowski Technology & Research Services Librarian at Duke Law School has the responsibility of assisting law school students, staff, and faculty through some of the teaching and technology challenges of a remote classroom. In addition, she also chairs the Diversity and Inclusion Committee of the American Association of Law Libraries. With…

Mike Whelan, author of “Lawyer Forward: Finding Your Place in the Future of Law” is a lawyer, author, legal innovator, and recently an Above the Law podcast host. As we begin to make our way back to our respective office or identify our more permanent workplaces, will we go back to the old habits and schedules, or will we take what we’ve learned ov…

Alycia Sutor, Managing Director at GrowthPlay, coaches lawyers, law firms, and other legal organizations on the need to get out of their comfort zones, and quickly embrace the changes as a new way of being. Those are just not skills that many in the legal industry are used to using. But those who find ways of quickly deploying these skills will be …

For Cornell H. Winston, Law Librarian at United States Attorney's Office in Southern California, there have been a number of small and large changes affecting his law library and records departments. While he is generally an optimist, he knows that change will happen. People who were never allowed to work from home will not accept that limitation a…

Celeste Smith, the Director of Education for the American Association of Law Libraries (AALL), works on finding educational opportunities for those of us who consider ourselves life-long learners. While we are in an industry of very intelligent people, the current situation has taught us that we can not be tied to what we think we know based on our…

Diego Alcala is an attorney and Legal Tech Founder based in Puerto Rico. The current COVID-19 and remote working conditions are just two more issues stacked upon existing challenges ranging from cuts in governmental programs, hurricanes, earthquakes, and other natural and man-made problems. Perhaps now is the time to challenge the legal tech commun…

Ian Nelson of Hotshot Legal believes that as we come out of the pandemic, there will be completely different expectations when it comes to how legal professionals want to train and learn. No more hour-long lectures with little to no interaction. Instead, we'll have shorter lessons with flipped classroom styles where the information is processed bef…

Vivia Chen is Senior Columnist at ALM, and Chief Blogger for The Careerist. She talks with me about how the pandemic may finally be the impetus to break large law firms from their vanity. With the cultural and societal changes that will most likely come out of the pandemic, there will be no need for lavish law offices or high-end client events to i…

This is episode 50. For something I called a miniseries, 50 episodes seem like a lot. Thanks to all who have come on the show to share their stories of preparedness, adjustment, and vision for the future. As we continue indefinitely, I hope that we all remain healthy and safe. This week has been especially hard for many of us and for many of our fr…

Maya Markovich, Chief Growth Officer at Nextlaw Labs, thinks that the current environment within the legal industry is the perfect time to rethink the old ways of doing things. The time is ripe to try new processes as well as experiment in ways that we might not normally try because we have somewhat of a safety net to try and fail with less judgmen…