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		<title>Someone Is Keeping Up With Milbank — See Also</title>
		<link>https://abovethelaw.com/2026/08/someone-is-keeping-up-with-milbank-see-also/</link>
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		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 23:02:00 +0000</pubDate>
				<category><![CDATA[See Also]]></category>
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					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p><strong>Keeping That Raise On Ice</strong>: <a href="https://abovethelaw.com/2026/08/biglaw-firm-joins-the-salary-wars-but-keeps-raises-on-ice-until-2027/" type="link" id="https://abovethelaw.com/2026/08/biglaw-firm-joins-the-salary-wars-but-keeps-raises-on-ice-until-2027/">Ice Miller increases associate pay in New York, but not until 2027.</a></p>
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<p><strong>Blame It On The AI</strong>: <a href="https://abovethelaw.com/2026/08/judge-rejects-chatgpt-wrote-my-confession-defense/">Company tried to pin labor law violation on ChatGPT</a>.</p>
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<p><strong>The Tech Isn't The Key</strong>: <a href="https://abovethelaw.com/2026/08/the-ai-user-experience-is-more-important-than-ever/">Legal AI needs to build a winning user experience if it's going to capture Biglaw</a>.</p>
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<p><strong>Everyone In MAGA Land Has Notes For Jeanine Pirro This Week:</strong><a href="https://abovethelaw.com/2026/08/peter-navarro-wants-a-prosecutor-fired-for-the-unforgivable-sin-of-prosecuting-him/"> 'Never mention her friggin' name to me,' fumed the man demanding she fire a prosecutor.</a></p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/08/someone-is-keeping-up-with-milbank-see-also/">Someone Is Keeping Up With Milbank &#8212; See Also</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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<p class="wp-block-paragraph"><strong>Keeping That Raise On Ice</strong>: <a href="https://abovethelaw.com/2026/08/biglaw-firm-joins-the-salary-wars-but-keeps-raises-on-ice-until-2027/" type="link" id="https://abovethelaw.com/2026/08/biglaw-firm-joins-the-salary-wars-but-keeps-raises-on-ice-until-2027/">Ice Miller increases associate pay in New York, but not until 2027.</a></p>



<p class="wp-block-paragraph"><strong>Blame It On The AI</strong>: <a href="https://abovethelaw.com/2026/08/judge-rejects-chatgpt-wrote-my-confession-defense/">Company tried to pin labor law violation on ChatGPT</a>.</p>



<p class="wp-block-paragraph"><strong>The Tech Isn&#8217;t The Key</strong>: <a href="https://abovethelaw.com/2026/08/the-ai-user-experience-is-more-important-than-ever/">Legal AI needs to build a winning user experience if it&#8217;s going to capture Biglaw</a>.</p>



<p class="wp-block-paragraph"><strong>Everyone In MAGA Land Has Notes For Jeanine Pirro This Week:</strong><a href="https://abovethelaw.com/2026/08/peter-navarro-wants-a-prosecutor-fired-for-the-unforgivable-sin-of-prosecuting-him/"> &#8216;Never mention her friggin&#8217; name to me,&#8217; fumed the man demanding she fire a prosecutor.</a></p>
<p>The post <a href="https://abovethelaw.com/2026/08/someone-is-keeping-up-with-milbank-see-also/">Someone Is Keeping Up With Milbank &#8212; See Also</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The Most Infamous SCOTUS Feud</title>
		<link>https://abovethelaw.com/2026/08/the-most-infamous-scotus-feud/</link>
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		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 22:16:00 +0000</pubDate>
				<category><![CDATA[Courts]]></category>
		<category><![CDATA[Supreme Court]]></category>
		<category><![CDATA[Trivia Question of the Day]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189711</guid>

					<description><![CDATA[<p>Comes complete with a public airing of grievances. </p>
<p>The post <a href="https://abovethelaw.com/2026/08/the-most-infamous-scotus-feud/">The Most Infamous SCOTUS Feud</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p style="font-size: larger;"><em><span style="text-decoration: underline;">Ed. Note:</span> Welcome to our daily feature <a href="https://abovethelaw.com/tag/trivia-question-of-the-day/">Trivia Question of the Day!</a></em></p>
<p style="font-size: larger;"><strong>In the mid-1940s, which Supreme Court justice refused to recuse himself from a case argued by his former law partner. A fellow justice was so incensed that he fired off a public cable to Congress naming the justice and accusing him of unethical conduct — the only time in the Court&#8217;s history one justice has publicly charged another this way.<br /></strong></p>
<p><strong>Hint: The Supreme Court, the famous line goes, is &#8220;nine scorpions in a bottle,&#8221; and these two were the ones doing the stinging. The accuser sent his broadside from Germany, where he had a rather more infamous set of defendants. </strong></p>
<p><strong><em>See the answer on the next page.</em></strong></p>
<p>
<p>The post <a href="https://abovethelaw.com/2026/08/the-most-infamous-scotus-feud/">The Most Infamous SCOTUS Feud</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Teaching Judgment In The Age Of AI: Building Legal Professionals Who Rely On AI Responsibly</title>
		<link>https://abovethelaw.com/2026/08/teaching-judgment-in-the-age-of-ai-building-legal-professionals-who-rely-on-ai-responsibly/</link>
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		<dc:creator><![CDATA[Jeremy Barker]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 21:33:00 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
		<category><![CDATA[ILTA]]></category>
		<category><![CDATA[ILTA on ATL]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189442</guid>

					<description><![CDATA[<p>Comfort and adoption with AI are rising faster than judgment maturity. </p>
<p>The post <a href="https://abovethelaw.com/2026/08/teaching-judgment-in-the-age-of-ai-building-legal-professionals-who-rely-on-ai-responsibly/">Teaching Judgment In The Age Of AI: Building Legal Professionals Who Rely On AI Responsibly</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
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<p class="wp-block-paragraph"><em><span style="text-decoration: underline;">Ed. note:</span>&nbsp;This article first appeared in ILTA’s&nbsp;</em>Peer-to-Peer Magazine<em>.</em></p>



<p class="wp-block-paragraph">Breaking news: business and society, including the legal industry, have generally decided AI may have some benefit that is worth leveraging. Many of us have grown markedly more comfortable with using AI in our day-to-day lives and activities. Need help polishing that email you want to send?&nbsp; Check. Want a quick outline to facilitate a strategic discussion? Check. Want to quickly summarize or compare a set of documents? Check. Want to see what you’d look like as an action figure?! Check.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph"><em>Just make sure you remove any use of the em dash from AI’s output to avoid associated stigma. </em>(Frustrating, on a personal note, as a writer who used to make frequent use of the em dash <em>before</em> AI was doing so!)</p>



<p class="wp-block-paragraph">The evidence has continued to mount over the last few years. According to 2025 Pew Research Center findings, Americans are interested in AI and want it involved in their daily activities. Stanford’s 2025 AI Index also found that a majority of businesses are using, investing in, and experimenting with AI. Based on Thomson Reuters 2025 Generative AI in Professional Services Report &amp; ILTA’s 2025 Technology Survey, the legal industry is here for it; legal continues to embrace and expand its usage of AI.&nbsp;</p>



<p class="wp-block-paragraph">However, there’s a catch: <strong>comfort and adoption with AI are rising faster than judgment maturity</strong>. I’m a big advocate and user of AI, but I also recognize time-tested pearls of wisdom apply here: “Just because you <em>can</em> do something, doesn’t mean you <em>should</em> do that thing.”&nbsp;Or perhaps you prefer “with great power comes great responsibility.”</p>



<p class="wp-block-paragraph"><strong>The Stakes: What If the Machine Is Wrong? </strong></p>



<p class="wp-block-paragraph">The legal profession and industry are built on core principles of logic and rules. The intentional use of language and reasoning are central to the practice of law, and practitioners carry an important responsibility in serving clients. All attorneys know these tenets well, as they are woven into the fundamentals of legal training. IRAC, which stands for Issue, Rule, Application, Conclusion, is the foundational legal analysis and writing outline taught in law schools, and it demands attention to detail and clear congruence between facts and applicable rules. As service professionals, legal practitioners are also duty-bound to follow the rules of professional conduct and shape their practice in accordance with ethical standards.</p>



<p class="wp-block-paragraph">Adherence to these duties and principles is imperative for legal. They reflect the exercise of professional responsibility and the very essence of client service. They demand the autonomous exercise of professional judgment. They cannot and should not be delegated to AI.</p>



<p class="wp-block-paragraph">There is ample evidence that the legal profession and industry are aware of the dangers of not exercising proper professional judgment over the use of AI:</p>



<p class="wp-block-paragraph">• The oft-cited <em>Mata v. Avianca, Inc.</em>, where attorneys were sanctioned for submitting hallucinated cases, emphasized that the duty of verification cannot be delegated. The issue was that professional judgment was not exercised; the core issue wasn’t that AI was used, but rather that AI was not properly supervised.</p>



<p class="wp-block-paragraph">• Professional liability insurance is evolving, and related guidance cautions against lawyers’ reliance on unverified AI outputs, as outlined in “From innovation to exposure: artificial intelligence risks for legal professionals.&#8221; Failure to supervise AI could expose firms to malpractice claims.</p>



<p class="wp-block-paragraph">• Beyond <em>Mata</em>, courts are increasingly scrutinizing AI-assisted filings and requiring variable certifications<em>.</em> This is highlighted in<em> </em>“Which Federal Courts Have AI Judicial Standing Orders?” The message is not anti-technology; it is pro-judgment and verification.</p>



<p class="wp-block-paragraph">• The American Bar Association’s (ABA) Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 512 in July 2024, emphasizing, among other things, that lawyers are required to develop a reasonable understanding of the capabilities and <em>limitations</em> of AI use as part of the duty of competence.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">Judgment maturity is becoming a market expectation. In-house departments are not passive observers. They see the value of integrating AI capabilities and are increasingly seeking ways to bring legal work in-house, as borne out in the Association of Corporate Counsel’s survey results, “Generative AI’s Growing Strategic Value for Corporate Law Departments.” As a result, corporate legal teams are critically evaluating how law firms deploy generative AI and report a perceived lack of awareness regarding outside counsel’s use of the technology on their legal matters. Some even expect to push for changes to billable hour arrangements with outside counsel because of generative AI’s impact.</p>



<p class="wp-block-paragraph">The challenge is converting system awareness and industry pressure into personal professional judgment.</p>



<p class="wp-block-paragraph"><strong>Shifting From Tool Training to Judgment Development </strong></p>



<p class="wp-block-paragraph">Clearly, a majority of law firms recognize that AI is the biggest technology pushing significant change in the industry over the next 3-5 years, but there is a great deal of variation in the approaches firms are taking in response to this realization. Early AI enablement efforts at law firms focused on core elements of access, security policies centered around proper use, and basic prompting techniques. Prudence dictated building a solid training foundation.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">But there is emerging recognition that the legal AI journey requires evolving beyond the basics toward something less technical, and yet just as fundamentally important and substantive: developing human judgment and instinct that guides our use (and at times, intentional non-use) of AI. Recent initiatives by law firms and legal AI providers have included:</p>



<p class="wp-block-paragraph">• Evolving approaches to junior associate training to encourage and facilitate development of the lawyer’s “judgment” muscle through multi-modal, scenario-based training models, as highlighted in “Reinventing Associate Training for the Age of AI”</p>



<p class="wp-block-paragraph">• Treating AI training as a continuing education responsibility of firms, core to associate and attorney development. According to “The Grace to Dabble: Two Biglaw Firms Look to an AI-First Future,” some firms are even putting skin in the game by providing billable hour credit to associates.</p>



<p class="wp-block-paragraph">• The growth of AI-specific leadership roles within firms to inject context and oversight at the practice level within practice groups, rather than centralizing AI governance solely as an IT function; and</p>



<p class="wp-block-paragraph">• Practice-specific training simulations teaching and guiding attorneys to know and practically apply the limitations of AI-generated work product, including identifying hallucinated citations, comparing AI-generated drafts to human drafts, and conducting structured verification reviews.&nbsp;</p>



<p class="wp-block-paragraph"><strong>Early Building Blocks for an AI Judgment Framework</strong></p>



<p class="wp-block-paragraph">While there is variation in how organizations are supporting the development and maturation of judgment skills, below are some common threads that have been emerging.</p>



<p class="wp-block-paragraph"><strong>1. Teaching AI Literacy and Limitations through Scenarios.</strong> Beyond helping legal professionals to understand the basics of AI and the pitfalls to be on the lookout for, such as hallucinations, bias, and outdated training data, programming presents users with realistic scenarios where AI outputs are plausible but may be wrong. This requires learners to critically assess and verify, rather than passively accept outputs. Harvard Law School even offers an “AI and the Law” executive education program where scenario-based roleplays are used to navigate AI-fueled dilemmas.</p>



<p class="wp-block-paragraph"><strong>2. Ethical Reasoning Baked In.</strong> As previously mentioned, attorneys have ethical obligations tied to their use of AI, particularly in relation to competence, confidentiality, communication, and supervision. Programs have seen success embedding these topics into scenario-based training materials. The key is to not treat ethics as a separate compliance module, but instead treat it as an organizing framework for judgment calls attorneys must make in their AI use.&nbsp;</p>



<p class="wp-block-paragraph"><strong>3. Risk-Tiered AI Use Cases. </strong>Not all uses of AI carry the same risk. Differentiating these use cases can help to heighten risk awareness, while avoiding arbitrarily dampening the prospective value of AI for lower-risk tasks. Borrowing from ediscovery and technology-assisted review defensibility frameworks, organizations can generally categorize AI use cases and scale human oversight according to risk. For example:</p>



<figure class="wp-block-table"><table class="has-fixed-layout"><tbody><tr><td><strong>Low-Risk</strong></td><td><strong>Ideation</strong></td></tr><tr><td><strong>Medium-Risk</strong></td><td><strong>Drafting</strong></td></tr><tr><td><strong>High-Risk</strong></td><td><strong>Filing or Regulatory Submissions</strong></td></tr></tbody></table></figure>



<p class="wp-block-paragraph"></p>



<p class="wp-block-paragraph"><strong>4. AI Reliance Checklists/ Practice Resources.</strong> Workflows that incorporate the use or reliance on AI should also integrate protocols to facilitate baseline Human-in-the-Loop verification on proper usage. This step is analogous to citation checking, due diligence checklists, or document review quality control measures. AI output review is a skill to be developed, not a formality. Modeling from guidance emerging from judicial orders and bar opinions, these checklists might include queries such as:</p>



<p class="wp-block-paragraph">• Have all citations been independently verified?</p>



<p class="wp-block-paragraph">• Are assumptions factually supported?</p>



<p class="wp-block-paragraph">• Does this output affect client rights?</p>



<p class="wp-block-paragraph">• Would disclosure be required or prudent?</p>



<p class="wp-block-paragraph"><strong>5. Practice- and Role-Tailored Training.</strong> Resist the temptation to deploy one-size-fits-all training programs. I am a big believer that, like politics, all change and innovation is local. Learning to exercise judgment on the use of AI cannot be abstract.&nbsp;&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">A litigator assessing AI-assisted research output applies different filters and faces different judgment demands than a transactional attorney reviewing an AI-drafted contract clause. Likewise, a first-year associate drafting a contract with the assistance of AI has different judgment demands than a general counsel evaluating an enterprise AI platform. Effective training programs segment by practice group, seniority level, and/or function and build practice-specific modules that situate reasoning in recognizable professional contexts that resonate with learners.</p>



<p class="wp-block-paragraph"><strong>6. Measuring Judgment Maturity.</strong> As the management principle states, we should measure what matters. KPIs for AI training should move beyond indicators on whether users are accessing AI tools to tracking metrics that demonstrate proficiency and maturation in the exercise of professional judgment, such as:</p>



<p class="wp-block-paragraph">• Citation defect rates</p>



<p class="wp-block-paragraph">• Review protocol compliance</p>



<p class="wp-block-paragraph">• Audit documentation of AI-assisted workflows</p>



<p class="wp-block-paragraph">• Practice-specific AI standards adoption</p>



<p class="wp-block-paragraph"><strong>7. Cultural Shift to AI-Enabled Talent</strong>. Finally, the ultimate, and perhaps longer-term, success of building AI judgment frameworks will be evidenced by a mindset shift. As AI-assisted workflows become the norm, traditional views on professional identity and legal team roles are evolving. “Human-in-the-Loop” will take on a new and very tangible meaning. This shift may look something like:</p>



<figure class="wp-block-table"><table class="has-fixed-layout"><tbody><tr><td><strong>Historical Roles</strong></td><td><strong>Emerging Roles</strong></td></tr><tr><td>Senior lawyer = drafterAssociate/ paralegal = researcher</td><td>Lawyer = risk calibratorAI = draft acceleratorHuman = validator</td></tr></tbody></table></figure>



<p class="wp-block-paragraph"><br>In the emerging model of AI-enabled talent, the speed of content generation is likely not the top indicator of premium skill. The focus will be more on context and risk calibration, error detection, ethical reasoning, and supervision of AI outputs, informed by legal subject-area expertise.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph"><strong>The Skill Machines Can&#8217;t Replace</strong></p>



<p class="wp-block-paragraph">Early on, the AI race was about getting access and standing up use cases. The next phase, which is critical to sustainability in legal, is about judgment and defensibility. Courts have sanctioned AI misuse, and bars have clarified overriding duties. Clients are asking questions about AI governance. The organizations that will lead are those that move beyond teaching legal professionals to prompt better, to teaching them how to decide better.</p>



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<p class="wp-block-paragraph"><a href="https://www.linkedin.com/in/brendan-miller-j-d?lipi=urn%3Ali%3Apage%3Ad_flagship3_profile_view_base_contact_details%3B%2F8c7LN2PSWG0%2BGra3emuJg%3D%3D"><strong><em>Brendan W. Miller, J.D.</em></strong></a><em><strong> is a legal innovator: a curious, seasoned litigator and corporate attorney, technologist, strategist, and change agent. To Brendan, legal innovation is about continually being relevant for clients, by making the business and practice of law easier, better, and more valuable.</strong></em></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/08/teaching-judgment-in-the-age-of-ai-building-legal-professionals-who-rely-on-ai-responsibly/">Teaching Judgment In The Age Of AI: Building Legal Professionals Who Rely On AI Responsibly</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Mark Zuckerberg Thinks Everyone Should Have A Superintelligent AI Lawyer</title>
		<link>https://abovethelaw.com/2026/08/mark-zuckerberg-thinks-everyone-should-have-a-superintelligent-ai-lawyer/</link>
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		<dc:creator><![CDATA[Staci Zaretsky]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 20:44:00 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
		<category><![CDATA[AI Legal Beat]]></category>
		<category><![CDATA[Artificial Intelligence (AI)]]></category>
		<category><![CDATA[Quote of the Day]]></category>
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					<description><![CDATA[<p>Because justice is apparently what happens when everyone brings a robot lawyer to court.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/mark-zuckerberg-thinks-everyone-should-have-a-superintelligent-ai-lawyer/">Mark Zuckerberg Thinks Everyone Should Have A Superintelligent AI Lawyer</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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										<content:encoded><![CDATA[
<p class="wp-block-paragraph"><em><u>Ed. note</u>: Welcome to our daily feature,&nbsp;<a href="https://abovethelaw.com/tag/quote-of-the-day/" target="_blank" rel="noreferrer noopener">Quote of the Day</a>.</em></p>



<p class="has-large-font-size wp-block-paragraph"><strong>As a thought experiment, imagine only one person had a superintelligent lawyer. They would have an unfair advantage in court &#8212; even if they were wrong on the merits. That would lead to a worse society. But now imagine everyone has a superintelligent lawyer. In this case, justice would be carried out much more fairly and efficiently than it is today when there is often an imbalance in skills and resources in litigation.</strong></p>



<p class="has-large-font-size wp-block-paragraph"><strong><em><span><i style="font-weight: bold;">—</i></span> Mark Zuckerberg, Meta Platforms CEO and founder, offering a glimpse of how he envisions a future where superintelligent artificial intelligence is available to help everyone succeed, in <a href="https://www.meta.com/thefutureisforeveryone" type="link" id="https://www.meta.com/thefutureisforeveryone">&#8220;The Future Is for Everyone: The Path to a Positive AI Future,&#8221;</a> a 14-page letter that he wrote and posted earlier this week on the Meta website.</em></strong></p>



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<figure class="wp-block-image alignright"><img decoding="async" width="150" height="100" src="https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Staci-Zaretsky.jpg" alt="" class="wp-image-66762"/></figure>



<p class="wp-block-paragraph"><strong><em><a href="https://abovethelaw.com/author/staci-zaretsky/" target="_blank" rel="noreferrer noopener">Staci Zaretsky</a> is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to <a href="mailto:staci@abovethelaw.com" target="_blank" rel="noreferrer noopener">email</a> her with any tips, questions, comments, or critiques. You can follow her on <a href="https://bsky.app/profile/stacizaretsky.bsky.social" target="_blank" rel="noreferrer noopener">Bluesky</a>, <a href="https://twitter.com/stacizaretsky" target="_blank" rel="noreferrer noopener">X/Twitter</a>, and <a href="https://www.threads.net/@stacizaretsky" target="_blank" rel="noreferrer noopener">Threads</a>, or connect with her on <a href="https://www.linkedin.com/in/staci-zaretsky" target="_blank" rel="noreferrer noopener">LinkedIn</a>.</em></strong></p>
<p>The post <a href="https://abovethelaw.com/2026/08/mark-zuckerberg-thinks-everyone-should-have-a-superintelligent-ai-lawyer/">Mark Zuckerberg Thinks Everyone Should Have A Superintelligent AI Lawyer</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Judge Rejects ‘ChatGPT Wrote My Confession’ Defense</title>
		<link>https://abovethelaw.com/2026/08/judge-rejects-chatgpt-wrote-my-confession-defense/</link>
					<comments>https://abovethelaw.com/2026/08/judge-rejects-chatgpt-wrote-my-confession-defense/#respond</comments>
		
		<dc:creator><![CDATA[Joe Patrice]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 20:04:00 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
		<category><![CDATA[AI Legal Beat]]></category>
		<category><![CDATA[Labor Law]]></category>
		<category><![CDATA[NLRB]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189699</guid>

					<description><![CDATA[<p>Company wrote that it fired employee for discussing pay and then tried to claim ChatGPT was responsible for admitting violation.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/judge-rejects-chatgpt-wrote-my-confession-defense/">Judge Rejects &#8216;ChatGPT Wrote My Confession&#8217; Defense</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">If you&#8217;re going to farm out your company documents to AI, at least make sure the AI isn&#8217;t confessing to any labor law violations. </p>



<p class="wp-block-paragraph">Matt Bruenig <a href="https://www.nlrbedge.com/p/08112026-employer-used-chatgpt-to">flagged</a> a weird sign-of-the-times <a href="https://abovethelaw.com/2026/08/judge-rejects-chatgpt-wrote-my-confession-defense/2/">NLRB matter out of Texas</a>. Daniela Melendez worked for an aftermarket auto parts company called Autofit as an administrative assistant at $22 an hour. Two or three days in, another employee asked what Melendez was making. Melendez told her, and the other employee printed out Melendez&#8217;s job posting, marching into a boss&#8217;s office and asked to be paid the same. Management told other employee that she didn&#8217;t qualify.</p>



<p class="wp-block-paragraph">Sixteen days later, Melendez was fired. </p>



<p class="wp-block-paragraph">When Melendez applied for unemployment, the company &#8212; via Chief Logistics Officer Elham Emadi&#8217;s administrative assistant Esperanza Guevara &#8212; had to explain itself to the Texas Workforce Commission in writing. This is where things get screwy:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">The employee was terminated due to a number of performance issues, which included serious breaches of confidentiality and difficulties in teamwork. As part of her role, she was explicitly instructed to keep sensitive information confidential, yet she shared pay details with colleagues.</p>
</blockquote>



<p class="wp-block-paragraph">According to the decision, after Melendez learned about this rationale, she asked whether talking about pay was against the law. The answer is, of course, no. But firing someone for talking about pay very much <em>is</em> against the law.</p>



<p class="wp-block-paragraph">Autofit had to explain why it admitted to breaking the law. Its first attempt came in a sworn statement taken during the Board&#8217;s investigation, where the company argued that when it wrote &#8220;she shared pay details with colleagues,&#8221; it didn&#8217;t mean talking about pay, but &#8220;taking information or sales commissions of others and sharing it or using it for herself.&#8221;</p>



<p class="wp-block-paragraph">Since that&#8217;s not how words work, this didn&#8217;t fly.</p>



<p class="wp-block-paragraph">Autofit&#8217;s own lawyer teed up attempt two at trial: you see, the company hadn&#8217;t admitted anything because ChatGPT wrote it! The author of the statement testified that she used the free version because she wanted a more professional sounding response, and then copied and pasted the output directly into the form. She couldn&#8217;t recall whether she read it thoroughly, and figured ADP would fix any errors. She had not mentioned any of this to anyone until witness preparation.</p>



<p class="wp-block-paragraph">Hallucinations are wild&#8230; but they aren&#8217;t that wild:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">Guevara would have us believe that ChatGPT made up the language that sensitive information includes pay. For example, why didn’t ChatGPT say another type of sensitive information, like trade secrets. I therefore do not credit Guevara’s explanation that ChatGPT added pay without Guevara’s help.</p>
</blockquote>



<p class="wp-block-paragraph">That&#8217;s Judge Sharon Steckler not buying the idea that ChatGPT just decided to make up a reason to fire Melendez without any prompting. An <em>illegal</em> reason to fire her at that.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">Even if ChatGPT spit out language about pay, Guevara could have reviewed it, found it inaccurate, and removed the part about pay.</p>
</blockquote>



<p class="wp-block-paragraph">With the company in the bind between admitting that it filed a termination explanation with the state including fake justifications or conceding that the explanation included the genuine admission that the company fired her illegally, the judge credited the latter explanation.</p>



<p class="wp-block-paragraph">The company also lodged 16 affirmative defenses, including a Seventh Amendment jury trial demand and the now-standard Article II claim that the Board itself is unconstitutional because presidents are god emperors with unchecked power over the executive branch as long as they&#8217;re a Republican. Neither carried the day.</p>



<p class="wp-block-paragraph">The remedy is reinstatement, backpay, pecuniary harms, file expungement, and a notice on the wall for 60 days.</p>



<p class="wp-block-paragraph">There is one more detail worth sitting with. Autofit&#8217;s witnesses testified that the company demands employees be trustworthy above all, and the administrative assistant job was described repeatedly at hearing as a sensitive position. Outsourcing a state agency filing to a free chatbot was apparently not a breach of sensitivity, but talking about your own paycheck was. </p>



<p class="wp-block-paragraph">Garbage in, garbage out. </p>



<p class="wp-block-paragraph"><em>(Check out the opinion here&#8230;)</em></p>


<hr />
<p><strong><em><img decoding="async" class="alignright  wp-image-443318" src="https://abovethelaw.com/wp-content/uploads/2016/11/Headshot-300x200.jpg" alt="Headshot" width="188" height="125" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Headshot-300x200.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Headshot.jpg 500w" sizes="(max-width: 188px) 100vw, 188px" /><a href="http://abovethelaw.com/author/joe-patrice/" target="_blank" rel="noopener">Joe Patrice</a> is a senior editor at Above the Law and co-host of <a href="http://legaltalknetwork.com/podcasts/thinking-like-a-lawyer/" target="_blank" rel="noopener">Thinking Like A Lawyer</a>. Feel free to <a href="mailto:joepatrice@abovethelaw.com">email</a> any tips, questions, or comments. Follow him on <a href="https://twitter.com/josephpatrice" target="_blank" rel="noopener">Twitter</a> or <a href="https://bsky.app/profile/joepatrice.bsky.social" rel="noopener" target="_blank">Bluesky</a> if you&#8217;re interested in law, politics, and a healthy dose of college sports news.</em></strong><br /><p>The post <a href="https://abovethelaw.com/2026/08/judge-rejects-chatgpt-wrote-my-confession-defense/">Judge Rejects &#8216;ChatGPT Wrote My Confession&#8217; Defense</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Your Cyber Insurance May Not Be Ready For Autonomous AI</title>
		<link>https://abovethelaw.com/2026/08/your-cyber-insurance-may-not-be-ready-for-autonomous-ai/</link>
					<comments>https://abovethelaw.com/2026/08/your-cyber-insurance-may-not-be-ready-for-autonomous-ai/#respond</comments>
		
		<dc:creator><![CDATA[Michael C. Maschke, Sharon D. Nelson, and John W. Simek]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 19:18:00 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
		<category><![CDATA[AI Legal Beat]]></category>
		<category><![CDATA[Artificial Intelligence (AI)]]></category>
		<category><![CDATA[Cyber Insurance]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[Sensei Enterprises]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189671</guid>

					<description><![CDATA[<p>The concern isn't simply that AI creates new cyber threats. It's that organizations may unknowingly introduce risks that fall outside the assumptions underlying their insurance policies.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/your-cyber-insurance-may-not-be-ready-for-autonomous-ai/">Your Cyber Insurance May Not Be Ready For Autonomous AI</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">Law firms have spent the past several years asking whether artificial intelligence will improve productivity. A different question is beginning to emerge.</p>



<p class="wp-block-paragraph">What happens when AI starts making decisions on its own?</p>



<p class="wp-block-paragraph">The next generation of AI isn&#8217;t limited to drafting emails or summarizing documents. Autonomous AI agents can perform multi-step tasks, interact with third-party systems, execute transactions, and make decisions with minimal human oversight. These capabilities promise significant efficiency gains, but they also introduce risks that many organizations and their insurers are only beginning to understand.</p>



<p class="wp-block-paragraph">According to recent reports, cyber insurers are increasingly scrutinizing how organizations deploy autonomous AI and whether existing cyber insurance policies adequately address the new exposures these systems create. The concern isn&#8217;t simply that AI creates new cyber threats. It&#8217;s that organizations may unknowingly introduce risks that fall outside the assumptions underlying their insurance policies.</p>



<h3 class="wp-block-heading">AI Changes More Than Technology</h3>



<p class="wp-block-paragraph">Traditional cybersecurity focuses on protecting systems against unauthorized access, malware, ransomware, and data breaches. Autonomous AI poses a different challenge.</p>



<p class="wp-block-paragraph">Instead of merely assisting employees, AI agents may be authorized to access client files, send communications, interact with financial systems, retrieve confidential information, or make operational decisions on the firm&#8217;s behalf. The authorizations are not significantly different than permissions granted to apps on your smartphone to the data stored on your phone (personal and client). As organizations grant these systems greater authority, questions of accountability become significantly more complex.</p>



<p class="wp-block-paragraph">If an autonomous AI agent exposes confidential client information, authorizes an inappropriate transaction, or makes a decision that causes financial harm, was it a cyber incident, a professional liability issue, or an operational failure?</p>



<p class="wp-block-paragraph">The answer may not be as straightforward as existing insurance policies assume.</p>



<h3 class="wp-block-heading">Governance Matters More Than Ever</h3>



<p class="wp-block-paragraph">For law firms, this is less about buying new insurance and more about implementing thoughtful governance.</p>



<p class="wp-block-paragraph">Firm leadership should know where autonomous AI is used, what information it can access, what decisions it is authorized to make, and what safeguards are in place to prevent unintended actions. Just as importantly, firms should maintain meaningful human oversight for high-risk activities involving client data, financial transactions, or legal work product.</p>



<p class="wp-block-paragraph">These questions increasingly mirror the cybersecurity conversations firms have already had about privileged access, vendor management, and cloud security. AI governance is becoming another component of enterprise risk management rather than a standalone technology initiative.</p>



<h3 class="wp-block-heading">Don&#8217;t Wait Until Renewal</h3>



<p class="wp-block-paragraph">Cyber insurance applications have become significantly more detailed over the past decade. Questions about multifactor authentication, endpoint detection, backups, and incident response planning have become commonplace as insurers have learned that these controls materially affect risk. AI governance may be next.</p>



<p class="wp-block-paragraph">Organizations that can demonstrate clear policies, documented oversight, access controls, and responsible deployment of autonomous AI will likely be better positioned as underwriting evolves. Firms that cannot explain how AI operates in their environment may face additional scrutiny, coverage limitations, or difficult conversations after an incident.</p>



<h3 class="wp-block-heading">Conversation Is Bigger Than Insurance</h3>



<p class="wp-block-paragraph">Whether cyber insurance policies ultimately change is almost beside the point.</p>



<p class="wp-block-paragraph">The more important takeaway is that autonomous AI is compelling organizations to rethink risks. The same technology that promises greater efficiency also raises new questions about accountability, governance, and professional responsibility.</p>



<p class="wp-block-paragraph">For law firms, AI should not be viewed as merely another productivity tool. It should be managed with the same discipline applied to any technology that can access confidential information or make decisions that affect clients.</p>



<p class="wp-block-paragraph">Cyber insurance may eventually adapt to these new realities. The firms that succeed will be those that adapt first.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p class="wp-block-paragraph"><em><strong>Michael C. Maschke is the President and Chief Executive Officer of Sensei Enterprises, Inc. Mr. Maschke is an EnCase Certified Examiner (EnCE), a Certified Computer Examiner (CCE #744), an AccessData Certified Examiner (ACE), a Certified Ethical Hacker (CEH), and a Certified Information Systems Security Professional (CISSP). He is a frequent speaker on IT, cybersecurity, and digital forensics, and he has co-authored 14 books published by the American Bar Association. He can be reached at&nbsp;mmaschke@senseient.com.</strong></em></p>



<p class="wp-block-paragraph"><em><strong>Sharon D. Nelson is the co-founder of and consultant to Sensei Enterprises, Inc. She is a past president of the Virginia State Bar, the Fairfax Bar Association, and the Fairfax Law Foundation. She is a co-author of 18 books published by the ABA. She can be reached at&nbsp;snelson@senseient.com</strong></em>.</p>



<p class="wp-block-paragraph"><em><strong>John W. Simek is the co-founder of and consultant to Sensei Enterprises, Inc. He holds multiple technical certifications and is a nationally known digital forensics expert. He is a co-author of 18 books published by the American Bar Association. He can be reached at&nbsp;jsimek@senseient.com</strong></em>.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/your-cyber-insurance-may-not-be-ready-for-autonomous-ai/">Your Cyber Insurance May Not Be Ready For Autonomous AI</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Law Firms Don’t Have One AI Visibility Problem. They Have Three.</title>
		<link>https://abovethelaw.com/2026/08/law-firms-dont-have-one-ai-visibility-problem-they-have-three/</link>
					<comments>https://abovethelaw.com/2026/08/law-firms-dont-have-one-ai-visibility-problem-they-have-three/#respond</comments>
		
		<dc:creator><![CDATA[Josh Anisfeld]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 18:32:00 +0000</pubDate>
				<category><![CDATA[Biglaw]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[Artificial Intelligence (AI)]]></category>
		<category><![CDATA[Baretz+Brunelle]]></category>
		<category><![CDATA[Josh Anisfeld]]></category>
		<category><![CDATA[Legal Trends]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189674</guid>

					<description><![CDATA[<p>AI visibility is typically seen as a content problem. But that only helps with a third of the hurdles law firms face in how legal service buyers are using AI search.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/law-firms-dont-have-one-ai-visibility-problem-they-have-three/">Law Firms Don’t Have One AI Visibility Problem. They Have Three.</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph"><em><u>Ed. note</u>: Please welcome <a href="https://www.baretzbrunelle.com/josh-anisfeld" type="link" id="https://www.baretzbrunelle.com/josh-anisfeld">Josh Anisfeld</a>, chief digital strategist of <a href="https://www.baretzbrunelle.com/" target="_blank" rel="noreferrer noopener">Baretz+Brunelle</a>, to the pages of Above the Law. In this new series, he and his colleagues at B+B will share their thoughts on trends they’re seeing across the legal industry. Check out the prior editions <a href="https://abovethelaw.com/2026/06/the-legal-professions-yankee-stadium-moment/" target="_blank" rel="noreferrer noopener">here</a> and <a href="https://abovethelaw.com/2026/07/the-talent-arms-race-how-law-firms-compete-in-a-market-without-rules/" type="link" id="https://abovethelaw.com/2026/07/the-talent-arms-race-how-law-firms-compete-in-a-market-without-rules/">here</a>.</em></p>



<p class="wp-block-paragraph">For years, legal marketing was predictable. Someone with a legal question searched on Google, and if a firm did its job with SEO, they earned a click to the website. Looking for recommendations on legal representation directed them to Chambers or other ranking sites. Researching a lawyer or firm was a time-consuming task, sifting through profiles, media stories, biographies, and other sites which bubbled up to the top of the search results. Despite ongoing algorithmic changes to Google, SEO was a proven marketing strategy no matter what the searcher asked.</p>



<p class="wp-block-paragraph">We live in the zero-click world where machines provide the answers before site results, even in the coveted #1 spot, are seen. AI visibility (sometimes called GEO or AEO) is no longer new. Many firms are trying to figure it out, and most are defaulting to a single strategy of adding technical elements to their websites and pumping out more content. But while AI algorithms keep changing, what will stay true is that AI visibility is not a single-strategy problem. There are three separate paths firms need to explore and prioritize to be included in answers and recommendations, and to proactively shape their own story and reputation. These three paths are directly tied to how legal service buyers now use AI engines.</p>



<p class="wp-block-paragraph"><strong>The Expertise Path</strong></p>



<p class="wp-block-paragraph">It starts with a legal question. Maybe someone wants to know about the right of publicity statutes in California. In the past, a solid page on the website with all the SEO bells and whistles rewarded the firm with a top result. Now, AI Overviews, ChatGPT, Perplexity, or any number of AI engines can give that answer before a search result is ever seen. <a href="https://ahrefs.com/blog/ai-overviews-reduce-clicks-update/">Ahrefs found</a> that the presence of an AI Overview correlated with a 58% lower average click-through rate for the top-ranking page.</p>



<p class="wp-block-paragraph">Visibility on this path comes in two forms: a citation, where the firm is the source behind the answer, credited in a footnote or a link at the bottom, or a direct mention, where your firm or a lawyer is mentioned directly inside the answer itself. Both count. The second is worth more, since the reader picks up your name without having to click anything. There’s actually a third outcome firms tend to overlook, which is that your content shapes the answer and nobody hears about it. That happens constantly. The engine reads your alert, uses what it learned, and moves on. No traffic, no credit, and no way for you to know it happened.</p>



<p class="wp-block-paragraph">Getting into those answers starts with deciding which questions you want to own. Not broad practice areas, but the questions clients ask before they know they need a lawyer. Run a focused set through the engines and see what comes back. Then rewrite with the answer up front. Original analysis beats another summary of the same decision, especially when it publishes while the issue is still live. Site structure and markup help, though less than some vendors claim. What you need from your lawyers is a point of view worth quoting. Marketing can handle much of the rest, which makes this the most manageable path.</p>



<p class="wp-block-paragraph"><strong>The Recommendation Path</strong></p>



<p class="wp-block-paragraph">This path starts when the buyer asks who should handle the matter. They may want an intellectual property lawyer in Chicago or a firm with experience in cross-border investigations. The engine is not explaining the law anymore. It is building a shortlist, using signals such as directories, rankings, outside coverage, and what lawyers publish under their own names.</p>



<p class="wp-block-paragraph">That matters because a firm can be excluded before anyone reaches its website. An <a href="https://intercore.net/research/state-of-ai-search-visibility-for-law-firms-2026">InterCore study</a> found that a legal directory was the first-cited source in 77.8% of 1,620 Perplexity Sonar answers to high-intent legal hiring queries. The study focused on consumer practices, so it should not be treated as a proxy for how general counsel choose firms for complex corporate work. Even so, it shows how much third-party sources can shape the list.</p>



<p class="wp-block-paragraph">The work on this path happens largely outside the firm’s website. Rankings and legal directories need to support the position the firm wants to own, which means treating submissions and profiles as ongoing reputation assets rather than annual chores. Earned media matters for the same reason. AI engines often rely on outside validation when deciding which firms or lawyers belong in a recommendation, so visible commentary in respected publications can carry more weight than another self-published page. Marketing can coordinate that effort, but it takes sustained participation from the lawyers and practices the firm wants the market to recognize.</p>



<p class="wp-block-paragraph"><strong>The Validation Path</strong></p>



<p class="wp-block-paragraph">This path starts after the buyer already has a name in mind. It may be a lawyer, a practice group, or the firm itself. The engine is no longer building the shortlist. It is checking whether the option in front of the buyer holds up.</p>



<p class="wp-block-paragraph">This path matters because conflicting public information can weaken trust before the firm ever knows it was being considered. A firm may describe a practice one way on its website and another way in a directory. A lawyer’s LinkedIn profile may emphasize work that barely appears in the firm bio. Each source may be accurate on its own, but together they can produce an incomplete or confusing picture.</p>



<p class="wp-block-paragraph">Start by comparing how your priority lawyers and practices are described across the channels buyers are most likely to encounter. The language does not need to match word for word, but the underlying facts and positioning should agree. Fix outdated listings, clarify where descriptions conflict, and assign someone to keep the information current. Marketing can coordinate the work, but validation reaches beyond marketing because no single department controls the full public record.</p>



<p class="wp-block-paragraph"><strong>Your Approach Should Be Based on Priorities and Real Questions</strong></p>



<p class="wp-block-paragraph">Instead of trying to boost AI visibility everywhere at once, firms should focus first on the practices and lawyers most essential to their growth. From there, they can determine the questions buyers are likely to ask about these areas.</p>



<p class="wp-block-paragraph">This distinction is important. Many law firms focus on what they want to communicate, rather than considering what buyers actually want to know. AI responds to specific prompts, not marketing schedules. If a firm hasn’t identified the right questions, it can’t guide the answers.</p>



<p class="wp-block-paragraph">Marketing teams should collaborate closely with leadership and practice heads to develop targeted prompts for each key area. These should be rooted in the real prompts potential clients are using to answer their legal questions or evaluate and research firms and lawyers.</p>



<p class="wp-block-paragraph">There won’t be a single solution. Some prompts might uncover gaps in content or show that the firm is missing from referral sources or is inconsistently represented online. By focusing on buyer questions, firms turn AI visibility from a vague goal into specific, actionable issues they can solve.</p>



<p class="wp-block-paragraph"><strong>The Greatest Risk is Solving the Wrong Problem</strong></p>



<p class="wp-block-paragraph">The real risk is feeling confident about the wrong things. Repeatedly, law firms have fallen into the trap of creating and publishing what they think buyers want to know instead of giving buyers what they are asking for. That approach now has real consequences because of how legal buyers are using AI. Your firm can either keep going down that path with simplified, one-size-fits-all solutions, or take the time to do it right. Showing up more often is not the goal. Showing up when the buyer’s opinion and decision are being shaped is.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p class="wp-block-paragraph"><em><strong>Josh Anisfeld is chief digital strategist at Baretz+Brunelle, a growth advisory firm to the world’s preeminent businesses in the legal industry</strong></em>.</p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/08/law-firms-dont-have-one-ai-visibility-problem-they-have-three/">Law Firms Don’t Have One AI Visibility Problem. They Have Three.</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Biglaw Firm Joins The Salary Wars, But Keeps Raises On Ice Until 2027</title>
		<link>https://abovethelaw.com/2026/08/biglaw-firm-joins-the-salary-wars-but-keeps-raises-on-ice-until-2027/</link>
					<comments>https://abovethelaw.com/2026/08/biglaw-firm-joins-the-salary-wars-but-keeps-raises-on-ice-until-2027/#respond</comments>
		
		<dc:creator><![CDATA[Staci Zaretsky]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 17:41:00 +0000</pubDate>
				<category><![CDATA[Biglaw]]></category>
		<category><![CDATA[2026 Salary Increase]]></category>
		<category><![CDATA[Bonus News Alerts]]></category>
		<category><![CDATA[Bonuses]]></category>
		<category><![CDATA[Ice Miller]]></category>
		<category><![CDATA[Money]]></category>
		<category><![CDATA[New York]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189686</guid>

					<description><![CDATA[<p>Only New York associates are getting the raises, and they’ll have to wait until January.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/biglaw-firm-joins-the-salary-wars-but-keeps-raises-on-ice-until-2027/">Biglaw Firm Joins The Salary Wars, But Keeps Raises On Ice Until 2027</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">It’s been a long, quiet summer for Biglaw associate raises, with only a handful of firms matching Milbank’s new salary scale. At long last, we’ve got another match &#8212; but only for associates in New York.</p>



<p class="wp-block-paragraph">Ice Miller just announced a significant associate salary increase for lawyers in its Manhattan office, bringing compensation &#8220;in line with the top of the New York market.&#8221; The firm didn’t spell out the numbers in its announcement, but that sure sounds like a match for Milbank’s new market scale, which starts at $235,000 for first-year associates.</p>



<p class="wp-block-paragraph"><strong>UPDATE</strong>: Per Chase Stuart, “The Firm has matched the Milbank scale for first- and second-year attorneys, while making significant increases across the associate salary structure and taking a customized approach at other levels that reflects our client base and overall compensation model.”</p>



<p class="wp-block-paragraph">There is, however, one important catch: the new salary scale won’t take effect until January 1, 2027. </p>



<p class="wp-block-paragraph">Given the glacial pace of this year’s salary wars, that may actually be some pretty savvy timing.</p>



<p class="wp-block-paragraph">Milbank kicked off the latest round of associate raises <a href="https://abovethelaw.com/2026/06/alert-milbank-does-it-again-associate-salaries-are-going-up/" type="link" id="https://abovethelaw.com/2026/06/alert-milbank-does-it-again-associate-salaries-are-going-up/">back in June</a>, and while several firms quickly matched, most of Biglaw has spent the summer doing approximately nothing. Ice Miller, meanwhile, has several months before it actually has to start cutting bigger checks to its New York associates, and it seems pretty safe to assume that by January, the rest of Biglaw will have finally gotten on board with the new scale. (Right, Cravath?)</p>



<p class="wp-block-paragraph">For Ice Miller, bringing its New York associates up to market is also part of a broader push to build out its presence in the city, particularly in private equity, M&amp;A, and private credit. New York Office Managing Partner Chase Stuart had this to say:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">&#8220;Our private equity and private credit practices have grown substantially over the last five years, both in the sophistication of the work and the strength of our client relationships. We offer associates the opportunity to work on complex transactions and work with experienced partners who are heavily invested in their success and growth. Increasing associate compensation reinforces our commitment to building a premier destination for talented transactional lawyers in New York.&#8221;</p>
</blockquote>



<p class="wp-block-paragraph">If you’re trying to compete for transactional talent in New York, paying New York market salaries certainly helps.</p>



<p class="wp-block-paragraph">Congratulations to Ice Miller’s New York associates on the raises. They may have to wait until January to see the money, but considering how slowly the rest of Biglaw is moving, the firm may have just skipped ahead to the ending of this salary war.</p>



<p class="wp-block-paragraph">Remember everyone, we depend on your tips to stay on top of compensation updates, so when your firm announces or matches, please text us (<a href="tel:646-820-8477" target="_blank" rel="noreferrer noopener">646-820-8477</a>) or&nbsp;<a href="mailto:tips@abovethelaw.com?subject=%5BFirm%20Name%5D%20Bonus/Matches" target="_blank" rel="noreferrer noopener">email us</a>&nbsp;(subject line: “[Firm Name] Bonus/Matches”). Please include the memo if available. You can take a photo of the memo and send it via text or email if you don’t want to forward the original PDF or Word file.</p>



<p class="wp-block-paragraph">And if you’d like to sign up for ATL’s Bonus Alerts (which is the alert list we also use for salary announcements), please scroll down and enter your email address in the box below this post. If you previously signed up for the bonus alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each bonus announcement that we publish. Thanks for your help!</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<figure class="wp-block-image alignright"><img decoding="async" width="150" height="100" src="https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Staci-Zaretsky.jpg" alt="" class="wp-image-66762"/></figure>



<p class="wp-block-paragraph"><strong><em><a href="https://abovethelaw.com/author/staci-zaretsky/" target="_blank" rel="noreferrer noopener">Staci Zaretsky</a>&nbsp;is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to&nbsp;<a href="mailto:staci@abovethelaw.com" target="_blank" rel="noreferrer noopener">email</a>&nbsp;her with any tips, questions, comments, or critiques. You can follow her on&nbsp;<a href="https://bsky.app/profile/stacizaretsky.bsky.social" target="_blank" rel="noreferrer noopener">Bluesky</a>,&nbsp;<a href="https://twitter.com/stacizaretsky" target="_blank" rel="noreferrer noopener">X/Twitter</a>, and&nbsp;<a href="https://www.threads.net/@stacizaretsky" target="_blank" rel="noreferrer noopener">Threads</a>, or connect with her on&nbsp;<a href="https://www.linkedin.com/in/staci-zaretsky" target="_blank" rel="noreferrer noopener">LinkedIn</a>.</em></strong></p>
<p>The post <a href="https://abovethelaw.com/2026/08/biglaw-firm-joins-the-salary-wars-but-keeps-raises-on-ice-until-2027/">Biglaw Firm Joins The Salary Wars, But Keeps Raises On Ice Until 2027</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The AI User Experience Is More Important Than Ever</title>
		<link>https://abovethelaw.com/2026/08/the-ai-user-experience-is-more-important-than-ever/</link>
					<comments>https://abovethelaw.com/2026/08/the-ai-user-experience-is-more-important-than-ever/#respond</comments>
		
		<dc:creator><![CDATA[Joe Patrice]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 17:01:00 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
		<category><![CDATA[Bloomberg]]></category>
		<category><![CDATA[Legal AI Beat]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189668</guid>

					<description><![CDATA[<p>Bloomberg Law hasn't been the loudest player in legal AI, in part because the company is focused on the parts investors aren't as interested in.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/the-ai-user-experience-is-more-important-than-ever/">The AI User Experience Is More Important Than Ever</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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<p class="wp-block-paragraph">AI vendors show up at every conference with marketing material touting how they serve the vast majority of the Vault 100. And then their direct competitor makes the same claim. And so does another product that also bolted on an AI tool. We might have all become lawyers to avoid math, but even we can tell that it all adds up to a lot more than 100 percent. </p>



<p class="wp-block-paragraph">Because, for Biglaw, exclusivity isn&#8217;t necessarily a priority. Veterans of the online legal research wars of the early 2000s remember that the big firms will pay for all the products and the real fight is over capturing the hearts and minds of the junior associates who have to open one program or the other. If that&#8217;s once again the field of contest, then vendors who spend their time touting technical benchmarks are fighting the wrong war. </p>



<p class="wp-block-paragraph">If vendors need to capture the attention of the end user, the technology isn&#8217;t as crucial as the experience. </p>



<p class="wp-block-paragraph">Lawyers are not prompt engineers. Nor are they all hanging on the latest fad developments out of Silicon Valley. They want a productivity tool that gives them trusted, accurate answers and they&#8217;d prefer it in a way that is easy and intuitive. And part of that is building a system that&#8217;s not going to fight with the user &#8212; in particular, a product that isn&#8217;t going to try to take tasks out of the lawyer&#8217;s hands that only add more time-consuming, panicked double-checking on the back end. </p>



<p class="wp-block-paragraph">That&#8217;s the ongoing divide between AI&#8217;s vibecheck and hard data. Lawyers have mostly come around to the idea that AI improves efficiency. And yet, nearly 60 percent of in-house counsel <a href="https://news.bloomberglaw.com/in-house-counsel/ai-does-little-to-reduce-law-firm-billable-hours-survey-shows">told ACC and Everlaw</a> they hadn&#8217;t noticed savings from outside counsel using generative AI. 8am&#8217;s financial health report, drawn from several million bills, <a href="https://abovethelaw.com/2026/07/small-law-firms-billing-more-hours-per-case-the-opposite-of-what-ai-promised-but-at-least-theyre-getting-paid/">found hours per case going up</a> in nearly every practice area tracked. Bloomberg Law Chief Revenue Officer Kara DelVecchio described a Bloomberg Law event bringing in-house lawyers together with outside counsel to talk AI, with the client side all asking some version of &#8220;my bills went up 10%, where&#8217;s the efficiency?&#8221;</p>



<p class="wp-block-paragraph">A lot of that efficiency is eaten up by lawyers haphazardly throwing AI at problems. DelVecchio explained that Bloomberg&#8217;s approach to AI has focused on constructing workflows that make sense for the industry. Citing the sentiment of a Biglaw CIO, she explained the firms want pre-built workflows &#8212; “here are the three things litigation attorneys do most” &#8212; rather than a model that lawyers can poke around trying to prompt. Armed with thousands of data points on attorney behavior, content usage, and sequencing, Bloomberg Law can construct the process that takes prompt engineering off the lawyer&#8217;s hands.</p>



<p class="wp-block-paragraph">The conversation underscored that the legal AI conversation keeps creeping from the tools, to the context, and then to process. Every vendor resides somewhere different on that continuum, but as AI talk matures, it seems to move from &#8220;look what <em>our</em> tech can do&#8221; to &#8220;the tech is secondary to the context that <em>we</em> can provide&#8221; to &#8220;we build the processes that work for you.&#8221;</p>



<p class="wp-block-paragraph">You might say it&#8217;s more about being a consultant than a tech provider. Or you might say it&#8217;s the inevitable triumph of the user experience. It&#8217;s a bit of both.</p>



<p class="wp-block-paragraph">Users come at the process point from different perspectives. We&#8217;ve seen small law clamor for bespoke solutions that can deliver AI power to the firm&#8217;s idiosyncratic approach. Big firms can&#8217;t countenance every lawyer building an individual solution. In fact, one CIO asked DelVecchio &#8220;how do I teach people to do the thinking we want them to do?” &#8212; a reminder that as AI takes over tasks, it&#8217;s also becoming the lens through which juniors learn the law.</p>



<p class="wp-block-paragraph">But in both cases, the lawyers want processes more than tech. That&#8217;s not as exciting to the private equity investors throwing cash at AI development in a quest to build artificial general intelligence and finally replace the meat sacks cutting into their profits. Lawyers don&#8217;t have to care about that, they just need their teams to get answers without hallucinating all over the place.</p>



<p class="wp-block-paragraph">Earning those lawyer eyeballs relies in part on a smooth experience. That&#8217;s not just a matter of a substantively sound outcome &#8212; though that&#8217;s critical &#8212; or a single-pane model that avoids constant toggling between tools &#8212; though the universe of plug-ins and connections will deliver that &#8212; but it&#8217;s an aesthetic that foregrounds a pleasant user experience. </p>



<p class="wp-block-paragraph">Software has ethos too, and a good experience tells the user that the vendor built a quality product that they can open up and it won&#8217;t fight them. Building that into the product is going to be the key to long-term viability. Because lawyers are going to vote with their clicks and getting in the door isn&#8217;t going to matter if attorneys aren&#8217;t choosing to use the product. </p>


<hr />
<p><strong><em><img decoding="async" class="alignright  wp-image-443318" src="https://abovethelaw.com/wp-content/uploads/2016/11/Headshot-300x200.jpg" alt="Headshot" width="188" height="125" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Headshot-300x200.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Headshot.jpg 500w" sizes="(max-width: 188px) 100vw, 188px" /><a href="http://abovethelaw.com/author/joe-patrice/" target="_blank" rel="noopener">Joe Patrice</a> is a senior editor at Above the Law and co-host of <a href="http://legaltalknetwork.com/podcasts/thinking-like-a-lawyer/" target="_blank" rel="noopener">Thinking Like A Lawyer</a>. Feel free to <a href="mailto:joepatrice@abovethelaw.com">email</a> any tips, questions, or comments. Follow him on <a href="https://twitter.com/josephpatrice" target="_blank" rel="noopener">Twitter</a> or <a href="https://bsky.app/profile/joepatrice.bsky.social" rel="noopener" target="_blank">Bluesky</a> if you&#8217;re interested in law, politics, and a healthy dose of college sports news.</em></strong></p><p>The post <a href="https://abovethelaw.com/2026/08/the-ai-user-experience-is-more-important-than-ever/">The AI User Experience Is More Important Than Ever</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Peter Navarro Wants A Prosecutor Fired For The Unforgivable Sin Of Prosecuting Him</title>
		<link>https://abovethelaw.com/2026/08/peter-navarro-wants-a-prosecutor-fired-for-the-unforgivable-sin-of-prosecuting-him/</link>
					<comments>https://abovethelaw.com/2026/08/peter-navarro-wants-a-prosecutor-fired-for-the-unforgivable-sin-of-prosecuting-him/#respond</comments>
		
		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 16:12:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Breaking Government]]></category>
		<category><![CDATA[Department Of Justice (DOJ)]]></category>
		<category><![CDATA[Jeanine Pirro]]></category>
		<category><![CDATA[John Crabb]]></category>
		<category><![CDATA[Peter Navarro]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189685</guid>

					<description><![CDATA[<p>'Never mention her friggin' name to me.' Jeanine Pirro is taking some hits. </p>
<p>The post <a href="https://abovethelaw.com/2026/08/peter-navarro-wants-a-prosecutor-fired-for-the-unforgivable-sin-of-prosecuting-him/">Peter Navarro Wants A Prosecutor Fired For The Unforgivable Sin Of Prosecuting Him</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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<p class="wp-block-paragraph">Peter Navarro is quite the piece of work &#8212; here&#8217;s a man who served time in federal prison and remains genuinely convinced that the real criminal in the story was the prosecutor. He put the whole range on display Monday on Steve Bannon&#8217;s &#8220;War Room,&#8221; where the mere mention of U.S. Attorney for the District of Columbia Jeanine Pirro was enough to send <a href="https://www.mediaite.com/politics/trump-aide-absolutely-buries-jeanine-pirro-in-wild-rant-on-steve-bannons-show-never-mention-her-friggin-name-to-me/">White House trade adviser Peter Navarro fully off the rails</a>.</p>



<p class="wp-block-paragraph">&#8220;Do me a favor, Steve, when I&#8217;m on camera… And you don&#8217;t want to talk about something like Jeanine Pirro, never mention her friggin&#8217; name to me, because that woman still refuses to fire John Crabb, the prosecutor who was involved in putting you and me behind bars, okay?&#8221; Navarro said.</p>



<p class="wp-block-paragraph">Bannon, sensing where this was headed, tried to move things along: &#8220;Stop, we love Jeanine.&#8221; Navarro does not love Jeanine, indeed, he was just getting started.</p>



<p class="wp-block-paragraph">The John Crabb in question is a career federal prosecutor and longtime fixture of the D.C. U.S. Attorney&#8217;s Office, with a résumé that runs from the Benghazi prosecution to the Jan. 6 cases. His offense, in Navarro&#8217;s telling, was helping convict both Navarro and Bannon of contempt of Congress for defying the House committee&#8217;s subpoenas, cases that sent each of them to federal prison for four months.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">&#8220;So don&#8217;t you dare to [mention] Judge Jeanine. I, you know, I&#8217;m just telling you, that guy, how is that guy still working here, pointing me in a courtroom and said I was above the law. Those… You get my drift. That&#8217;s a professional– that guy is on the inside, Steve, of our Justice Department. That guy was responsible for so much… He went after you, he should be gone. Jeanine, are you listening?&#8221;</p>
</blockquote>



<p class="wp-block-paragraph">For real, the &#8220;<em>our</em> Justice Department&#8221; is chilling &#8212; and telling. The whole grievance rests on the premise that the DOJ belongs to MAGA now, and that a prosecutor who did the actual job of prosecuting is the one who committed the offense. Crabb&#8217;s sin was pointing at Navarro in a courtroom and saying he acted as though he were above the law. Which, given that Navarro is on this podcast demanding a prosecutor be purged for prosecuting him, is holding up reasonably well as a legal theory.</p>



<p class="wp-block-paragraph">And here&#8217;s the kicker! Crabb has already been on the receiving end of punishment for the high crime of doing his job. He was among the <a href="https://www.npr.org/2025/03/01/nx-s1-5313836/trumps-justice-department-demotes-senior-attorneys-who-oversaw-jan-6-cases">senior D.C. prosecutors demoted</a> and reassigned to misdemeanor work back in the early days of the administration&#8217;s housecleaning of the office. Navarro isn&#8217;t calling for a head; he&#8217;s calling for a head that&#8217;s already rolled, and he&#8217;s furious that the man is still permitted to draw a government paycheck at all.</p>



<p class="wp-block-paragraph">None of this lands on Pirro at a good moment. She has been the <a href="https://abovethelaw.com/2025/05/trump-taps-judge-jeanine-for-key-doj-role-after-consulting-evening-cable-lineup/">improbable U.S. Attorney</a> since jump, installed off the evening cable lineup, then presiding over an office where <a href="https://abovethelaw.com/2025/09/no-bills-are-only-the-beginning-of-jeanine-pirros-f-ups/">grand juries kept no-billing</a> her cases and one prosecution got handed to a <a href="https://abovethelaw.com/2026/02/jeanine-pirro-brought-in-dance-photographer-to-prosecute-lawmakers-and-it-went-exactly-as-youd-expect/">dance photographer</a>. And now she&#8217;s absorbing incoming from her own side. Navarro made a point of reminding her that <a href="https://www.huffpost.com/entry/donald-trump-jeanine-pirro-choked_n_6a70ee21e4b03026f4f0b07b">&#8220;the boss said &#8216;she choked'&#8221;</a> on the Reflecting Pool case, the same episode that had Trump <a href="https://abovethelaw.com/2026/08/donald-trump-likely-to-fire-jeanine-pirro-for-having-one-foot-in-reality/">publicly musing about replacing her</a> days earlier.</p>



<p class="wp-block-paragraph">Strip away the &#8220;friggin'&#8221;s and the on-camera laughing fit and what&#8217;s left is a sitting White House adviser using a livestream to instruct the top federal prosecutor in the capital on which of her line attorneys to fire. That is the weaponization of the Justice Department stated out loud with absolutely no subtext left to decode.</p>



<p class="wp-block-paragraph"><strong>Earlier:</strong> <a href="https://abovethelaw.com/2025/05/trump-taps-judge-jeanine-for-key-doj-role-after-consulting-evening-cable-lineup/">Trump Taps Judge Jeanine For Key DOJ Role After Consulting Evening Cable Lineup</a><br><a href="https://abovethelaw.com/2025/09/no-bills-are-only-the-beginning-of-jeanine-pirros-f-ups/">No Bills Are Only The Beginning Of Jeanine Pirro&#8217;s F-Ups</a><br><a href="https://abovethelaw.com/2026/02/jeanine-pirro-brought-in-dance-photographer-to-prosecute-lawmakers-and-it-went-exactly-as-youd-expect/">Jeanine Pirro Brought In Dance Photographer To Prosecute Lawmakers And It Went Exactly As You&#8217;d Expect</a><br><a href="https://abovethelaw.com/2026/08/donald-trump-likely-to-fire-jeanine-pirro-for-having-one-foot-in-reality/">Donald Trump Likely To Fire Jeanine Pirro For Having One Foot In Reality</a></p>



<hr />
<p><strong><em><img loading="lazy" decoding="async" class=" wp-image-80083 alignright" src="https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-620x568.jpg" alt="" width="174" height="160" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-620x568.jpg 620w, https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-300x275.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-1536x1408.jpg 1536w, https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705.jpg 1920w" sizes="auto, (max-width: 174px) 100vw, 174px" /><p><strong><em>Kathryn Rubino is a Senior Editor at Above the Law, host of <a href="https://open.spotify.com/show/1XC11QhFCWxWr4NQrk2sEA" target="_blank" rel="noreferrer noopener">The Jabot podcast</a>, and co-host of <a href="https://legaltalknetwork.com/podcasts/thinking-like-a-lawyer/" target="_blank" rel="noreferrer noopener">Thinking Like A Lawyer</a>. AtL tipsters are the best, so please connect with her. Feel free to email <a href="mailto:kathryn@abovethelaw.com?subject=Your%20Column">her</a> with any tips, questions, or comments and follow her on Twitter <a href="https://twitter.com/Kathryn1/" target="_blank" rel="noreferrer noopener">@Kathryn1</a> or Bluesky <a href="https://bsky.app/profile/kathryn1.bsky.social">@Kathryn1</a></em></strong></p>
<p>The post <a href="https://abovethelaw.com/2026/08/peter-navarro-wants-a-prosecutor-fired-for-the-unforgivable-sin-of-prosecuting-him/">Peter Navarro Wants A Prosecutor Fired For The Unforgivable Sin Of Prosecuting Him</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>3 Takeaways From The Lex Machina 2026 Patent Report</title>
		<link>https://abovethelaw.com/2026/08/3-takeaways-from-the-lex-machina-2026-patent-report/</link>
					<comments>https://abovethelaw.com/2026/08/3-takeaways-from-the-lex-machina-2026-patent-report/#respond</comments>
		
		<dc:creator><![CDATA[Gaston Kroub]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 15:38:48 +0000</pubDate>
				<category><![CDATA[Intellectual Property]]></category>
		<category><![CDATA[Gaston Kroub]]></category>
		<category><![CDATA[Lex Machina 2026 Patent Report]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189661</guid>

					<description><![CDATA[<p>Modern patent litigation remains a vibrant and challenging pursuit for both plaintiffs and defendants.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/3-takeaways-from-the-lex-machina-2026-patent-report/">3 Takeaways From The Lex Machina 2026 Patent Report</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
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<figure class="wp-block-image alignright"><img loading="lazy" decoding="async" width="565" height="376" src="https://abovethelaw.com/wp-content/uploads/sites/4/2015/10/iStock_000044552904_Medium-e1446146912557.jpg" alt="" class="wp-image-112379"/></figure>



<p class="wp-block-paragraph">For the sixth year in a row, it is time for this column(ist) to share some thoughts on the release of the <a href="https://www.lexisnexis.com/en-us/products/lex-machina.page">Lex Machina</a> Patent Report. If any readers want to send me a half-dozen <a href="https://www.krispykreme.com/shop/assorted-builder?pack=6&amp;sku=12020">Krispy Kreme </a>donuts to celebrate, I’ll take two each of the glazed, glazed cake, and chocolate iced. Fat and sugar bombs aside, I highly recommend that readers <a href="https://www.lexisnexis.com/en-us/products/lex-machina/reports.page">register</a> for the report and give it a read, as there may be more relevant information in it than what follows for any given reader.&nbsp;</p>



<p class="wp-block-paragraph">As in prior years, what follows are three idiosyncratic takeaways based on my review. First, I&#8217;ll skip the usual discussion of the number of district court case filings for a look at what discretionary denial practice has wrought at the USPTO &#8212; nothing less than a seismic downward shift in the number of PTAB filings. Second, comparing the report’s observations on the leading plaintiff and defendant law firms in terms of caseload yields some interesting observations. Third, a check in on the Federal Circuit’s handling of appeals from district court cases versus those originating in the PTAB. </p>



<p class="wp-block-paragraph">In last year’s review, I mentioned the increase in patent case filings, a trend which continued through 2025. At the same time, perhaps the biggest shift in the relative number of cases filed in any area of law is underway at the PTAB. While the profile of the most active PTAB filers, namely prominent Big Tech companies, has stayed the same, the absolute number of PTAB filings has dropped precipitously in the first half of 2026. We all know the reasons for the drop, but it is still stark to see just how big a decline we are experiencing noted in the report, whereby “201 PTAB petitions, fewer than in any other half-year period in at least a decade” were filed through June in 2026. Contrast that with the modest 8% drop in IPR filings between 2024 and 2025 &#8212; with both years seeing over 1,200 IPR petitions filed alone. Even the relatively newfound popularity of PGR petitions, going from 40 in 2024 to 75 in 2025, can change the narrative around PTAB practice in 2026. While the fallout of the drop in filings is still developing, there is no doubt that taking that volume of work from the system will have an impact on both law firm work levels as well as litigation strategies for plaintiffs and defendants. We will see how those changes are reflected in the data when we come to consider next year’s report.</p>



<p class="wp-block-paragraph">Second, the report’s insights into the most active law firms and attorneys practicing patent litigation on both the plaintiff and defense sides is of interest. To start, only one firm, Delaware’s Morris, Nichols, Arsht &amp; Tunnel, appears on both lists. Given the prominence of that firm in Delaware, as well as the fact that Delaware remains a popular patent venue, the firm’s listing on both lists is understandable. To a certain extent, it also makes sense that a number of prominent Texas local counsel shops find themselves on at least one of the lists, given that Texas maintains strict local counsel requirements and continues to see the most patent cases filed. Nor is it surprising that even amongst the popular choices for Texas local counsel there is an apparent division between firms that appear for plaintiffs as opposed to defendants and vice versa.</p>



<p class="wp-block-paragraph">Where things get even more interesting, however, is in the consideration of what kind of firms are behind the largest number of patent filings. Even when you take out Isaac Rabicoff of Rabicoff Law’s staggering filing prolificity of over 1,800 cases over the past three years, no less than four other firms have averaged over 100 patent filings per year. And all of the top five, Rabicoff included, are suspected of filing to try to generate quick, low-value settlements for their clients, as opposed to trying to bring cases to trial. Also of note is that in contrast to the list of firms most often tapped to represent defendants &#8212; a list that contains at least five Biglaw firms &#8212; not a single Biglaw firm has a volume plaintiff’s practice large enough for inclusion. At the same time, we know that a growing ecosystem of boutiques and even Biglaw firms are willing to take select patent cases on the plaintiff’s side, often when the presence of litigation funding is found. Additionally, pharmaceutical patent litigation continues to have a large Biglaw presence on both sides of cases, even as firms segregate themselves on branded versus generic lines in some instances.&nbsp;All in all, it will be interesting to see in the coming years if the lists of most active firms on either the plaintiff or defendant sides, or both, become fluid &#8212; or whether the same mix of firms continues to dominate the charts when it comes to volume of cases.</p>



<p class="wp-block-paragraph">Lastly, the statistics regarding Federal Circuit appeals from patent disputes are interesting. With respect to appeals from district courts, the report concludes that over the 2023 to 2025 period close to 500 patent appeals resulted in a decision on the merits. Of those, only 11% resulted in a straight reversal or clear appellant win, suggesting that the odds of fully overturning a negative result are perhaps overestimated by losing parties. Even when reversals-in-part are included, the report concludes that only a third of Federal Circuit appeals generate an appellant-friendly result. The news is even worse for appellants when it comes to appeals originating from the PTAB. As the report states, “[A]mong the cases resolved by reversal or affirmance, the Federal Circuit affirmed in 601 cases, reversed in 65, and affirmed/ reversed in part in 104. The resulting reversal rate was 22%, with a corresponding affirmance rate of 78%.” Besides for showing a bit more willingness by the Federal Circuit to sign off on outcomes from PTAB tribunals over district courts, the extreme challenge in getting reversals of PTAB decisions confirm why patent owners continue to celebrate the changing landscape at the PTAB, including the drop in IPR filings discussed above. </p>



<p class="wp-block-paragraph">Ultimately, the report’s presentation of data confirms yet again that modern patent litigation remains a vibrant and challenging pursuit for both plaintiffs and defendants. It is hard to imagine a more interesting area of law to practice in &#8212; it even gets more interesting as experience level increases &#8212; and I am grateful for the chance to practice in this profession and practice area.&nbsp;I am sure that many in this readership feel the same way. Thanks once again to Lex Machina for pulling together and presenting the data in a way that highlights how patent litigation is as vibrant as ever.</p>



<p class="wp-block-paragraph">Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter:<a href="https://twitter.com/gkroub"> @gkroub</a>. Any topic suggestions or thoughts are most welcome.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p class="wp-block-paragraph"><strong><em>Gaston Kroub lives in Brooklyn and is a founding partner of K2K IP Law, an intellectual property litigation boutique that also serves as a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gaston@k2k.law or follow him on Twitter: @gkroub.</em></strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/08/3-takeaways-from-the-lex-machina-2026-patent-report/">3 Takeaways From The Lex Machina 2026 Patent Report</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Exclusive: Coming Out Of Stealth, Paravo Launches What It Calls The First AI ‘Revenue Engine’ For Law Firms</title>
		<link>https://www.lawnext.com/2026/08/exclusive-coming-out-of-stealth-paravo-launches-what-it-calls-the-first-ai-revenue-engine-for-law-firms.html</link>
					<comments>https://www.lawnext.com/2026/08/exclusive-coming-out-of-stealth-paravo-launches-what-it-calls-the-first-ai-revenue-engine-for-law-firms.html#respond</comments>
		
		<dc:creator><![CDATA[Robert Ambrogi]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 14:47:52 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
		<category><![CDATA[ATL Legal Tech Center]]></category>
		<category><![CDATA[Robert Ambrogi]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189665</guid>

					<description><![CDATA[<p>It is a platform that combines lead generation, AI-powered intake and follow-up, and automated client reactivation, all in a single product aimed at flat-fee practices.</p>
<p>The post <a href="https://www.lawnext.com/2026/08/exclusive-coming-out-of-stealth-paravo-launches-what-it-calls-the-first-ai-revenue-engine-for-law-firms.html">Exclusive: Coming Out Of Stealth, Paravo Launches What It Calls The First AI ‘Revenue Engine’ For Law Firms</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The post <a href="https://www.lawnext.com/2026/08/exclusive-coming-out-of-stealth-paravo-launches-what-it-calls-the-first-ai-revenue-engine-for-law-firms.html">Exclusive: Coming Out Of Stealth, Paravo Launches What It Calls The First AI ‘Revenue Engine’ For Law Firms</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Bipartisan Lawmakers Are Fighting HHS’ 340B Rebate Push</title>
		<link>https://medcitynews.com/2026/08/340b-drugs-senate/</link>
					<comments>https://medcitynews.com/2026/08/340b-drugs-senate/#respond</comments>
		
		<dc:creator><![CDATA[Katie Adams - MedCity News]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 14:03:00 +0000</pubDate>
				<category><![CDATA[Health Care / Medicine]]></category>
		<category><![CDATA[ATL Health]]></category>
		<category><![CDATA[Healthcare Docket]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189657</guid>

					<description><![CDATA[<p>A bipartisan group of six senators introduced a bill to reform the 340B drug program, locking in hospitals' use of contract pharmacies and adding new transparency and compliance rules. The legislation would also kill HHS' contested rebate pilot within a year and replace it with a national data clearinghouse to catch duplicate discounts.</p>
<p>The post <a href="https://medcitynews.com/2026/08/340b-drugs-senate/">Bipartisan Lawmakers Are Fighting HHS’ 340B Rebate Push</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The post <a href="https://medcitynews.com/2026/08/340b-drugs-senate/">Bipartisan Lawmakers Are Fighting HHS’ 340B Rebate Push</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Morning Docket: 08.11.26</title>
		<link>https://abovethelaw.com/2026/08/morning-docket-08-11-26/</link>
					<comments>https://abovethelaw.com/2026/08/morning-docket-08-11-26/#respond</comments>
		
		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Tue, 11 Aug 2026 12:48:46 +0000</pubDate>
				<category><![CDATA[Morning Docket]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189659</guid>

					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p>* Biglaw firms hit with data breaches. [<a href="https://www.law360.com/articles/2511261/hsf-kramer-taft-hit-by-data-breaches">Law360</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Office of Legal Counsel takes position that executive privilege extends to unofficial, unconfirmed people the president talks to. [<a href="https://www.alternet.org/trump-epshteyn/">Alternet</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Court appearance coming up for Luigi. [<a href="https://www.reuters.com/legal/government/luigi-mangione-due-court-ahead-insurance-ceo-murder-trial-2026-08-11/">Reuters</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* FOIA requests become "Kafkaesque" mess with this administration. [<a href="https://www.propublica.org/article/foia-requests-responses">ProPublica</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* New White House Counsel is exactly what you'd expect. [<a href="https://news.bloomberglaw.com/business-and-practice/trumps-new-white-house-lawyer-embodies-maga-mold-in-second-term">Bloomberg Law News</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* DOJ sues the whole Second Circuit over offering in-state resident tuition to non-citizens who reside in state. [<a href="https://vtdigger.org/2026/08/10/doj-sues-vermont-other-states-to-stop-in-state-tuition-for-undocumented-students/">VTDigger</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* The Fifth Circuit remains obsessed with punishing DeRay Mckesson for constitutionally protected speech. [<a href="https://ballsandstrikes.org/law-politics/fifth-circuit-deray-mckesson-first-amendment/">Balls and Strikes</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Class action alleging that early-decision amounts to illegal price-fixing moves forward. [<a href="https://www.law360.com/articles/2511252/mass-judge-lets-early-decision-antitrust-suit-proceed">Law360</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Law school dean writes parody of children's classic. [<a href="https://www.abajournal.com/web/article/purdue-law-dean-writes-illustrated-book-about-furious-george">ABA Journal</a>]</p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/08/morning-docket-08-11-26/">Morning Docket: 08.11.26</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">* Biglaw firms hit with data breaches. [<a href="https://www.law360.com/articles/2511261/hsf-kramer-taft-hit-by-data-breaches">Law360</a>]</p>



<p class="wp-block-paragraph">* Office of Legal Counsel takes position that executive privilege extends to unofficial, unconfirmed people the president talks to. [<a href="https://www.alternet.org/trump-epshteyn/">Alternet</a>]</p>



<p class="wp-block-paragraph">* Court appearance coming up for Luigi. [<a href="https://www.reuters.com/legal/government/luigi-mangione-due-court-ahead-insurance-ceo-murder-trial-2026-08-11/">Reuters</a>]</p>



<p class="wp-block-paragraph">* FOIA requests become &#8220;Kafkaesque&#8221; mess with this administration. [<a href="https://www.propublica.org/article/foia-requests-responses">ProPublica</a>]</p>



<p class="wp-block-paragraph">* New White House Counsel is exactly what you&#8217;d expect. [<a href="https://news.bloomberglaw.com/business-and-practice/trumps-new-white-house-lawyer-embodies-maga-mold-in-second-term">Bloomberg Law News</a>]</p>



<p class="wp-block-paragraph">* DOJ sues the whole Second Circuit over offering in-state resident tuition to non-citizens who reside in state. [<a href="https://vtdigger.org/2026/08/10/doj-sues-vermont-other-states-to-stop-in-state-tuition-for-undocumented-students/">VTDigger</a>]</p>



<p class="wp-block-paragraph">* The Fifth Circuit remains obsessed with punishing DeRay Mckesson for constitutionally protected speech. [<a href="https://ballsandstrikes.org/law-politics/fifth-circuit-deray-mckesson-first-amendment/">Balls and Strikes</a>]</p>



<p class="wp-block-paragraph">* Class action alleging that early-decision amounts to illegal price-fixing moves forward. [<a href="https://www.law360.com/articles/2511252/mass-judge-lets-early-decision-antitrust-suit-proceed">Law360</a>]</p>



<p class="wp-block-paragraph">* Law school dean writes parody of children&#8217;s classic. [<a href="https://www.abajournal.com/web/article/purdue-law-dean-writes-illustrated-book-about-furious-george">ABA Journal</a>]</p>
<p>The post <a href="https://abovethelaw.com/2026/08/morning-docket-08-11-26/">Morning Docket: 08.11.26</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Biglaw Flirts With Private Equity, Because Ruining Everything Else Wasn’t Enough — See Also</title>
		<link>https://abovethelaw.com/2026/08/biglaw-flirts-with-private-equity-because-ruining-everything-else-wasnt-enough-see-also/</link>
					<comments>https://abovethelaw.com/2026/08/biglaw-flirts-with-private-equity-because-ruining-everything-else-wasnt-enough-see-also/#respond</comments>
		
		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 22:56:00 +0000</pubDate>
				<category><![CDATA[See Also]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189649</guid>

					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p><strong>Biglaw Wants Private Equity's Money -- Ask Your Vet How That Turned Out:</strong> <a href="https://abovethelaw.com/2026/08/the-richest-law-firms-are-looking-at-private-equity-cash-because-i-guess-they-dont-have-enough-money/">The same 'management services' trick that swallowed your dog's clinic is now knocking on Paul Weiss's door.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>That's Some Catch, That Catch-22</strong>: <a href="https://abovethelaw.com/2026/08/trump-judge-rules-splc-cant-prove-vindictive-prosecution-without-evidence-which-she-also-wont-let-them-see/">The administration may talk like the SPLC case is a vindictive prosecution, but this Trump judge says there's no way to know for sure without discovery. Also, she will not allow discovery</a>.</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Ballroom Blitzed</strong>: <a href="https://abovethelaw.com/2026/08/bunker-ballroom-blocked/" type="link" id="https://abovethelaw.com/2026/08/bunker-ballroom-blocked/">D.C. Circuit judges block the Trump bunker ballroom.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>The Senate Confirmed Todd Blanche As Attorney General In The Dead Of Night:</strong> <a href="https://abovethelaw.com/2026/08/the-senate-confirmed-todd-blanche-at-4-am-nothing-good-happens-after-midnight/">Collins and Murkowski got their moderate bona fides. Cassidy got the blame and Blanche got the job.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Your LSAT Score May Be High, But Is It THIS High?</strong> <a href="https://abovethelaw.com/2026/08/the-law-schools-with-the-highest-lsat-scores-2026/" type="link" id="https://abovethelaw.com/2026/08/the-law-schools-with-the-highest-lsat-scores-2026/">Check out the law schools with the highest LSAT scores.</a></p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/08/biglaw-flirts-with-private-equity-because-ruining-everything-else-wasnt-enough-see-also/">Biglaw Flirts With Private Equity, Because Ruining Everything Else Wasn&#8217;t Enough &#8212; See Also</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph"><strong>Biglaw Wants Private Equity&#8217;s Money &#8212; Ask Your Vet How That Turned Out:</strong> <a href="https://abovethelaw.com/2026/08/the-richest-law-firms-are-looking-at-private-equity-cash-because-i-guess-they-dont-have-enough-money/">The same &#8216;management services&#8217; trick that swallowed your dog&#8217;s clinic is now knocking on Paul Weiss&#8217;s door.</a></p>



<p class="wp-block-paragraph"><strong>That&#8217;s Some Catch, That Catch-22</strong>: <a href="https://abovethelaw.com/2026/08/trump-judge-rules-splc-cant-prove-vindictive-prosecution-without-evidence-which-she-also-wont-let-them-see/">The administration may talk like the SPLC case is a vindictive prosecution, but this Trump judge says there&#8217;s no way to know for sure without discovery. Also, she will not allow discovery</a>.</p>



<p class="wp-block-paragraph"><strong>Ballroom Blitzed</strong>: <a href="https://abovethelaw.com/2026/08/bunker-ballroom-blocked/" type="link" id="https://abovethelaw.com/2026/08/bunker-ballroom-blocked/">D.C. Circuit judges block the Trump bunker ballroom.</a></p>



<p class="wp-block-paragraph"><strong>The Senate Confirmed Todd Blanche As Attorney General In The Dead Of Night:</strong> <a href="https://abovethelaw.com/2026/08/the-senate-confirmed-todd-blanche-at-4-am-nothing-good-happens-after-midnight/">Collins and Murkowski got their moderate bona fides. Cassidy got the blame and Blanche got the job.</a></p>



<p class="wp-block-paragraph"><strong>Your LSAT Score May Be High, But Is It THIS High?</strong> <a href="https://abovethelaw.com/2026/08/the-law-schools-with-the-highest-lsat-scores-2026/" type="link" id="https://abovethelaw.com/2026/08/the-law-schools-with-the-highest-lsat-scores-2026/">Check out the law schools with the highest LSAT scores.</a></p>
<p>The post <a href="https://abovethelaw.com/2026/08/biglaw-flirts-with-private-equity-because-ruining-everything-else-wasnt-enough-see-also/">Biglaw Flirts With Private Equity, Because Ruining Everything Else Wasn&#8217;t Enough &#8212; See Also</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Nine Was Never Sacred</title>
		<link>https://abovethelaw.com/2026/08/nine-was-never-sacred/</link>
					<comments>https://abovethelaw.com/2026/08/nine-was-never-sacred/#respond</comments>
		
		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 22:16:00 +0000</pubDate>
				<category><![CDATA[Courts]]></category>
		<category><![CDATA[Expand the Court]]></category>
		<category><![CDATA[Supreme Court]]></category>
		<category><![CDATA[Trivia Question of the Day]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189641</guid>

					<description><![CDATA[<p>Congress just stopped changing it.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/nine-was-never-sacred/">Nine Was Never Sacred</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p style="font-size: larger;"><em><span style="text-decoration: underline;">Ed. Note:</span> Welcome to our daily feature <a href="https://abovethelaw.com/tag/trivia-question-of-the-day/">Trivia Question of the Day!</a></em></p>
<p style="font-size: larger;"><strong>The Constitution doesn&#8217;t say how many justices sit on the Supreme Court; Congress sets the number, and it hasn&#8217;t always been nine. When was the last time lawmakers shrank the number of seats on the Court?</strong></p>
<p><strong>Hint: In this year, Congress set SCOTUS at seven members, largely seen as a political move to deny a sitting president the chance to appoint anyone at all. Just three years later (and with a new president in charge), they increased the size of the Court to nine. </strong></p>
<p><strong><em>See the answer on the next page.</em></strong></p>
<p>
<p>The post <a href="https://abovethelaw.com/2026/08/nine-was-never-sacred/">Nine Was Never Sacred</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>A Practical Framework For Optimizing Your Firm’s Content For AI Answer Engines</title>
		<link>https://abovethelaw.com/2026/08/a-practical-framework-for-optimizing-your-firms-content-for-ai-answer-engines/</link>
					<comments>https://abovethelaw.com/2026/08/a-practical-framework-for-optimizing-your-firms-content-for-ai-answer-engines/#respond</comments>
		
		<dc:creator><![CDATA[Jeremy Barker]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 21:33:00 +0000</pubDate>
				<category><![CDATA[Small Law Firms]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[LMA]]></category>
		<category><![CDATA[LMA on ATL]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189345</guid>

					<description><![CDATA[<p>If your bios, practice pages, and thought leadership aren't structured for AI to read, cite, and recommend, you're invisible at the moment of consideration.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/a-practical-framework-for-optimizing-your-firms-content-for-ai-answer-engines/">A Practical Framework For Optimizing Your Firm&#8217;s Content For AI Answer Engines</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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<figure class="wp-block-image alignright size-full is-resized"><img loading="lazy" decoding="async" width="600" height="288" src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/01/LMA_3C_TAG-600x288-1.jpg" alt="" class="wp-image-1177505" style="aspect-ratio:2.083400591875168;width:424px;height:auto" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2026/01/LMA_3C_TAG-600x288-1.jpg 600w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/01/LMA_3C_TAG-600x288-1-300x144.jpg 300w" sizes="auto, (max-width: 600px) 100vw, 600px" /></figure>



<p class="wp-block-paragraph"><em><span style="text-decoration: underline;">Ed. note:</span>&nbsp;This article first appeared in&nbsp;</em>Strategies &amp; Voices,&nbsp;<em>a publication of the Legal Marketing Association.</em></p>



<p class="wp-block-paragraph">Merc Smith recently published a thoughtful piece in&nbsp;<em>Strategies &amp; Voices</em>&nbsp;titled&nbsp;<a href="https://www.strategiesandvoices.org/Article-Details/aeo-what-legal-marketers-need-to-know-beyond-digital-roles" target="_blank" rel="noreferrer noopener">“AEO: What Legal Marketers Need to Know, Beyond Digital Roles.”</a>&nbsp;If you haven&#8217;t read it yet, I&#8217;d recommend starting there — it&#8217;s the clearest non-technical explanation of answer engine optimization (AEO) and why it matters for legal marketers that I&#8217;ve come across. Her article frames the shift beautifully.</p>



<p class="wp-block-paragraph">This piece picks up where hers leaves off. I&#8217;m writing it as a legal marketer in the middle of implementing these changes at my own firm — not from the other side of a finished project.</p>



<p class="wp-block-paragraph">What follows is the practical framework I&#8217;ve built from the research, the questions I&#8217;m asking my own team, and the steps I&#8217;ve found most useful for moving from awareness to action. The perspective from a cross-border practice at a firm like mine is useful here, because AI engines don&#8217;t respect geography the way directories do. A general counsel in Miami researching counsel for a regional acquisition is using the same tools as one in Mexico City, São Paulo, or Bogotá.</p>



<p class="wp-block-paragraph">The urgency is real. Gartner&nbsp;<a href="https://www.gartner.com/en/newsroom/press-releases/2024-02-19-gartner-predicts-search-engine-volume-will-drop-25-percent-by-2026-due-to-ai-chatbots-and-other-virtual-agents">predicted</a>&nbsp;traditional search engine volume would drop 25% by 2026, and the shift is already visible. HUMAN Security&#8217;s&nbsp;<a href="https://www.humansecurity.com/newsroom/2026-state-of-ai-traffic-cyberthreat-benchmark-report/" target="_blank" rel="noreferrer noopener">2026 State of AI Traffic Report</a>&nbsp;found that AI-driven traffic grew 187% from January to December 2025, nearly tripling over the calendar year — with automated traffic now growing eight times faster than human traffic. Meanwhile, 79% of legal professionals use AI tools in their work, according to&nbsp;<a href="https://www.clio.com/resources/legal-trends/read-online/" target="_blank" rel="noreferrer noopener">Clio&#8217;s 2025 Legal Trends Report</a>, including the general counsel evaluating your firm before a single phone call is placed.</p>



<p class="wp-block-paragraph">If your bios, practice pages, and thought leadership aren&#8217;t structured for AI to read, cite, and recommend, you&#8217;re invisible at the moment of consideration.</p>



<p class="wp-block-paragraph">Here&#8217;s a framework for fixing that, organized into three layers: content, structure, and signals.</p>



<p class="wp-block-paragraph"><strong>Layer 1: Content — Write for the question, not the keyword.</strong></p>



<p class="wp-block-paragraph">Large language models (LLMs) synthesize answers to natural-language questions. That means the old search engine optimization (SEO) habit of writing around a keyword phrase (“cross-border M&amp;A counsel”) has been replaced by writing around the question a real client would ask (&#8220;What regulatory approvals do I need to acquire a logistics company in Central America as a U.S. buyer?&#8221;).</p>



<p class="wp-block-paragraph"><strong><em>3 Practical Moves</em></strong></p>



<p class="wp-block-paragraph"><strong>Lead every page with the answer.</strong>&nbsp;Whether it&#8217;s a practice description, an attorney bio, or a thought leadership piece, the first sentence should answer the core question someone might ask.</p>



<p class="wp-block-paragraph">If a bio&#8217;s first line is “Jane Doe is a partner in the Corporate Group,” you&#8217;ve buried the lead. Try: “Jane Doe advises multinational buyers and sellers on M&amp;A transactions across Latin America, with a focus on real estate-backed acquisitions and post-closing integration.” That sentence is extractable. The first one isn&#8217;t.</p>



<p class="wp-block-paragraph"><strong>Add an FAQ block to every practice page.</strong>&nbsp;Not as decoration — as the highest-value section on the page. AI engines preferentially extract content already structured as question-and-answer pairs because it requires no reformatting. Three to five real questions per page, each with a 40- to 80-word answer, is the sweet spot.</p>



<p class="wp-block-paragraph">For a real estate practice in São Paulo or Bogotá, that might mean “What due diligence is required for foreign buyers acquiring commercial property in [jurisdiction]?” This is the exact question a prospect would type into ChatGPT.</p>



<p class="wp-block-paragraph"><strong>Use specific, citable claims.</strong>&nbsp;“We have deep experience in M&amp;A” is unciteable. “Our team has closed more than 40 cross-border transactions in the past five years, including the largest hospitality acquisition in Central America in 2024” is the kind of statement AI engines surface because it&#8217;s verifiable and concrete. Push your attorneys for the numbers.</p>



<p class="wp-block-paragraph"><strong>Layer 2: Structure — Make it machine-readable.</strong></p>



<p class="wp-block-paragraph">Microsoft has publicly&nbsp;<a href="https://searchengineland.com/microsoft-bing-copilot-use-schema-for-its-llms-453455" target="_blank" rel="noreferrer noopener">confirmed</a>&nbsp;that schema markup — a standard code format added to a website’s HTML — helps its LLMs understand content.&nbsp;<a href="https://arxiv.org/abs/2311.07509" target="_blank" rel="noreferrer noopener">Research on knowledge-graph-grounded LLMs</a>&nbsp;has shown factual accuracy improvements from roughly 16% to more than 50% when structured data is part of the retrieval layer.</p>



<p class="wp-block-paragraph">For law firms, three schema types do most of the work:</p>



<p class="wp-block-paragraph">• <strong>Person schema</strong>&nbsp;on every attorney bio, including credentials, bar admissions, and education.<br>• <strong>FAQ page schema</strong>&nbsp;on practice pages with question blocks.<br>• <strong>Organization schema</strong>&nbsp;on the homepage with firm details, locations, and links to verified profiles (Chambers, Legal 500, LinkedIn).</p>



<p class="wp-block-paragraph">Your web developer can implement these. If your CMS is older, this is a conversation to have with IT now — not next budget cycle.</p>



<p class="wp-block-paragraph">Beyond schema, consider&nbsp;<strong>llms.txt</strong>&nbsp;— a plain-text file placed at the root of your website (similar to robots.txt) that summarizes your firm&#8217;s key content for AI crawlers. The standard is still emerging, but adoption is accelerating.</p>



<p class="wp-block-paragraph">For a law firm, a useful llms.txt points AI agents to your practice areas, attorney directory, and most-cited thought leadership without forcing them to parse complex HTML.</p>



<p class="wp-block-paragraph"><strong>Layer 3: Signals — Build the authority AI can verify.</strong></p>



<p class="wp-block-paragraph">This is where legal marketers have an advantage and don&#8217;t always realize it. AI engines decide what to cite partly by checking how an entity appears across third-party sources. The same activities that build your firm&#8217;s traditional reputation also build AI citation probability:</p>



<p class="wp-block-paragraph">• <strong>Directory presence with consistent firm and attorney names.</strong>&nbsp;Inconsistencies (“P. Perez” on one site, “Pedro Perez” on another) fragment your firm&#8217;s entity profile and weaken citation likelihood.<br><strong>• Press coverage and bylined articles&nbsp;in trusted publications,</strong> with author attribution that links back to a complete attorney profile on your site.<br><strong>• Speaking engagements and conference presence</strong>&nbsp;documented on your site with dates, topics, and links.</p>



<p class="wp-block-paragraph">The principle: every external mention is a vote. AI engines weight votes from credible sources heavily, and they cross-check entities against structured data on your own site. If your bio says one thing and Chambers says another, you&#8217;ve created ambiguity — and AI defaults to safer, clearer competitors.</p>



<p class="wp-block-paragraph"><strong>Where to Start This Quarter</strong></p>



<p class="wp-block-paragraph">If you&#8217;re trying to figure out where to begin, three actions deliver disproportionate value:</p>



<p class="wp-block-paragraph"><strong>1. Audit one practice area end to end.</strong>&nbsp;Pick a priority practice; for me, that&#8217;s been our real estate group. Rewrite the page to lead with answers, add an FAQ block, and request schema markup. Use it as the template for the rest.<br><br><strong>2. Run prompts on your own firm.&nbsp;</strong>Ask ChatGPT, Claude, and Perplexity, “Who are the leading firms for [your practice] in [your market]?” If you&#8217;re not surfacing — or worse, if you&#8217;re surfacing with outdated information — you have a baseline. Run the same prompts in English, Spanish, or Portuguese (or your firm’s language or target market language) if you serve a multilingual client base; the answers often differ.<br><br><strong>3. Get your attorneys involved.&nbsp;</strong>AEO needs the same content that good business development always needed: specific numbers, real matters (suitably anonymized), and distinctive points of view. Marketing alone cannot manufacture this. When John Smith from a Miami private equity fund asks ChatGPT or Claude for counsel in Mexico City, the firms that win that recommendation are the ones whose attorneys gave marketing something specific to work with.</p>



<p class="wp-block-paragraph"><strong>The Mindset Shift</strong></p>



<p class="wp-block-paragraph">Optimizing for AI engines isn&#8217;t a new discipline bolted onto legal marketing. It&#8217;s the same work — clearer writing, stronger proof points, consistent positioning — done with awareness that the audience now includes a machine that decides whether your firm gets recommended at the moment of consideration.</p>



<p class="wp-block-paragraph">Your firm can be the one AI engines cite by default a year from now.</p>



<p class="wp-block-paragraph">I&#8217;ll be honest about my own position: I&#8217;m still in the early stages of implementing this framework at my firm. Some of these moves will be easier than others, and some I&#8217;ll learn from by doing them wrong first. If you&#8217;re in the same position — wherever in the world you&#8217;re sitting — the most important step is the one we both make this week.</p>



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<figure class="wp-block-image alignright is-resized"><img decoding="async" src="https://www.strategiesandvoices.org/Portals/0/EasyDNNnews/Uploads/2535/Monica%20Malcotti.jpg" alt="" style="aspect-ratio:0.6671941173732955;width:148px;height:auto"/></figure>



<p class="wp-block-paragraph"><strong><em>Monica Malcotti is a business development and strategic growth leader at&nbsp;<a href="https://blplegal.com/">BLP</a>, where she drives client development, marketing, and innovation across Central America. She co-founded LMBD, a regional network for legal business development and marketing professionals across Latin America and serves on LMA&#8217;s Industry Impact Committee. She brings a Latin American perspective to global legal industry conversations.</em></strong></p>
<p>The post <a href="https://abovethelaw.com/2026/08/a-practical-framework-for-optimizing-your-firms-content-for-ai-answer-engines/">A Practical Framework For Optimizing Your Firm&#8217;s Content For AI Answer Engines</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Samuel Alito Sees ‘Vultures’ Circling His Supreme Court Seat But Has No Plans To Retire</title>
		<link>https://abovethelaw.com/2026/08/samuel-alito-sees-vultures-circling-his-supreme-court-seat-but-has-no-plans-to-retire/</link>
					<comments>https://abovethelaw.com/2026/08/samuel-alito-sees-vultures-circling-his-supreme-court-seat-but-has-no-plans-to-retire/#respond</comments>
		
		<dc:creator><![CDATA[Staci Zaretsky]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 20:44:00 +0000</pubDate>
				<category><![CDATA[Courts]]></category>
		<category><![CDATA[Quote of the Day]]></category>
		<category><![CDATA[Samuel Alito]]></category>
		<category><![CDATA[Supreme Court]]></category>
		<category><![CDATA[Supreme Court Retirement Watch]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189605</guid>

					<description><![CDATA[<p>After 20 terms on the bench, he’s not ready to leave.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/samuel-alito-sees-vultures-circling-his-supreme-court-seat-but-has-no-plans-to-retire/">Samuel Alito Sees &#8216;Vultures&#8217; Circling His Supreme Court Seat But Has No Plans To Retire</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph"><em><u>Ed. note</u>: Welcome to our daily feature,&nbsp;<a href="https://abovethelaw.com/tag/quote-of-the-day/" target="_blank" rel="noreferrer noopener">Quote of the Day</a>.</em></p>



<p class="has-large-font-size wp-block-paragraph"><strong>Obviously I&#8217;m here for another term</strong>.</p>



<p class="has-large-font-size wp-block-paragraph"><strong><em><span><i style="font-weight: bold;">—</i></span> Justice <a href="https://en.wikipedia.org/wiki/Samuel_Alito" type="link" id="https://en.wikipedia.org/wiki/Samuel_Alito">Samuel Alito</a>, in comments given to the <a href="https://www.wsj.com/opinion/justice-samuel-alito-practical-originalism-and-its-facile-critics-617d5642" type="link" id="https://www.wsj.com/opinion/justice-samuel-alito-practical-originalism-and-its-facile-critics-617d5642">Wall Street Journal</a>, concerning his continuing tenure on the Supreme Court. NPR incorrectly reported on June 30 that <a href="https://abovethelaw.com/2026/06/npr-reports-sam-alito-retires-from-supreme-court-spoiler-alert-he-did-not/" type="link" id="https://abovethelaw.com/2026/06/npr-reports-sam-alito-retires-from-supreme-court-spoiler-alert-he-did-not/">Alito was stepping down from the Court</a>, and the story was quickly retracted. Alito just completed his 20th term as a SCOTUS justice, and many conservatives have called for his retirement. &#8220;It’s not pleasant, in the sense that it’s a reminder of mortality,&#8221; he said. &#8220;It’s like, what are those vultures doing up there? They are flying around. But it goes with life tenure.&#8221;</em></strong></p>



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<figure class="wp-block-image alignright"><img loading="lazy" decoding="async" width="150" height="100" src="https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Staci-Zaretsky.jpg" alt="" class="wp-image-66762"/></figure>



<p class="wp-block-paragraph"><strong><em><a href="https://abovethelaw.com/author/staci-zaretsky/" target="_blank" rel="noreferrer noopener">Staci Zaretsky</a> is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to <a href="mailto:staci@abovethelaw.com" target="_blank" rel="noreferrer noopener">email</a> her with any tips, questions, comments, or critiques. You can follow her on <a href="https://bsky.app/profile/stacizaretsky.bsky.social" target="_blank" rel="noreferrer noopener">Bluesky</a>, <a href="https://twitter.com/stacizaretsky" target="_blank" rel="noreferrer noopener">X/Twitter</a>, and <a href="https://www.threads.net/@stacizaretsky" target="_blank" rel="noreferrer noopener">Threads</a>, or connect with her on <a href="https://www.linkedin.com/in/staci-zaretsky" target="_blank" rel="noreferrer noopener">LinkedIn</a>.</em></strong></p>
<p>The post <a href="https://abovethelaw.com/2026/08/samuel-alito-sees-vultures-circling-his-supreme-court-seat-but-has-no-plans-to-retire/">Samuel Alito Sees &#8216;Vultures&#8217; Circling His Supreme Court Seat But Has No Plans To Retire</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Trump Judge Rules SPLC Can’t Prove Vindictive Prosecution Without Evidence, Which She Also Won’t Let Them See</title>
		<link>https://abovethelaw.com/2026/08/trump-judge-rules-splc-cant-prove-vindictive-prosecution-without-evidence-which-she-also-wont-let-them-see/</link>
					<comments>https://abovethelaw.com/2026/08/trump-judge-rules-splc-cant-prove-vindictive-prosecution-without-evidence-which-she-also-wont-let-them-see/#respond</comments>
		
		<dc:creator><![CDATA[Joe Patrice]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 20:04:00 +0000</pubDate>
				<category><![CDATA[Courts]]></category>
		<category><![CDATA[Breaking Government]]></category>
		<category><![CDATA[Crime]]></category>
		<category><![CDATA[Department of Justice]]></category>
		<category><![CDATA[Emily Marks]]></category>
		<category><![CDATA[Government]]></category>
		<category><![CDATA[Southern Poverty Law Center]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189609</guid>

					<description><![CDATA[<p>Judge Emily Marks rejected the DOJ's most absurd argument, then built a standard that requires you to have been born yesterday.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/trump-judge-rules-splc-cant-prove-vindictive-prosecution-without-evidence-which-she-also-wont-let-them-see/">Trump Judge Rules SPLC Can&#8217;t Prove Vindictive Prosecution Without Evidence, Which She Also Won&#8217;t Let Them See</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
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<p class="wp-block-paragraph">Before the DOJ brought criminal charges against the Southern Poverty Law Center, FBI Director Kash Patel called the civil rights organization &#8220;a partisan smear machine&#8221; and accused the entity of <em>defaming</em> hate groups. Because Kash Patel has never met a political investigation he couldn&#8217;t take credit for, the FBI went so far as to issue a report on the group and claim that its work convinced the then-acting U.S. Attorney to open a case. Assistant Attorney General Harmeet Dhillon going on Newsmax to justify the prosecution as revenge for SPLC criticizing &#8220;one of [her] ‘friends.'&#8221; And Donald Trump told 60 Minutes that the prosecution was a product of the SPLC being &#8220;a total scam run by the democrats.&#8221; After moving forward <a href="https://abovethelaw.com/2026/04/trump-doj-indicts-civil-rights-group-for-working-to-take-down-hate-groups/">with a flimsy indictment that failed to properly state the elements of a crime</a>, the DOJ put together a superseding indictment that somehow <a href="https://abovethelaw.com/2026/04/trump-doj-indicts-civil-rights-group-for-working-to-take-down-hate-groups/">made the case weaker and then leaked it to right-wing media</a>.</p>



<p class="wp-block-paragraph">On Friday, Chief Judge Emily Marks of the Middle District of Alabama <a href="https://abovethelaw.com/2026/08/trump-judge-rules-splc-cant-prove-vindictive-prosecution-without-evidence-which-she-also-wont-let-them-see/2/">denied the SPLC&#8217;s motion</a> to dismiss its 11-count indictment as a vindictive prosecution. She also denied the fallback request for discovery into how the charges came to be. Because, she explained:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">The SPLC has failed to offer some evidence tending to show animus on the part of the prosecutors involved in bringing this case and that such animus resulted in the prosecution, the showing required for discovery.</p>
</blockquote>



<p class="wp-block-paragraph">If you&#8217;re interested, she probably has a bridge she could sell you too! You could probably get financing for that purchase from Wells Fargo&#8230; which is coincidentally <a href="https://www.wsj.com/us-news/law/131-federal-judges-broke-the-law-by-hearing-cases-where-they-had-a-financial-interest-11632834421">the bank she bought shares in weeks after being assigned a Wells Fargo case</a>.</p>



<p class="wp-block-paragraph">The judge is correct that parties shouldn&#8217;t be able to easily dismiss cases against them based on claims of political vindictiveness. Donald Trump tried to escape civil and criminal cases against himself and his organizations by claiming Democratic prosecutors were out to get him despite a hefty record of wrongdoing. But when the people behind the prosecution keep making public statements that they approve the charges as a matter of retribution, it&#8217;s at least worth having a look at the paper trail that inspired the case.</p>



<p class="wp-block-paragraph">Marks, however, closed off that cache of evidence so ferociously you&#8217;d think it was the Epstein files.</p>



<p class="wp-block-paragraph">On the plus side, the judge rejected the DOJ&#8217;s proposed vindictive prosecution standard, which claimed the doctrine only reaches cases brought to retaliate against procedural rights exercised in the course of litigation &#8212; appealing a conviction, refusing a plea &#8212; and not substantive ones like, say, publishing things the government dislikes. The Government&#8217;s position that &#8220;the general exercise of public speech&#8221; doesn&#8217;t qualify as a right you can be punished for is, she wrote, &#8220;simply wrong.&#8221; </p>



<p class="wp-block-paragraph">But as she widened the door on that end, she welded it shut on the other:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">The Constitution vests &#8220;[t]he executive Power . . . in a President of the United States of America,&#8221; U.S. CONST. art. II, § 1, and charges him to &#8220;take Care that the Laws be faithfully executed,&#8221; id. § 3. &#8220;The Executive Branch—not the Judiciary—makes arrests and prosecutes offenses on behalf of the United States.&#8221;</p>
</blockquote>



<p class="wp-block-paragraph">Despite laying out the contours of the conservative movement&#8217;s unitary executive theory fiction, the opinion immediately retreats from this to argue that the only relevant evidence of a vindictive prosecution rests in a U.S. Attorney alone with their thoughts in a dark room.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">When evaluating the SPLC’s motion to dismiss the indictment, the Court is mindful that the “central figure” in any prosecution is the prosecutor. <em>Blackledge</em>, 417 U.S. at 27. So it is the motivations of the United States Attorney’s Office for the Middle District of Alabama that are central and not, say, those of members of Congress.&nbsp;</p>
</blockquote>



<p class="wp-block-paragraph">And what of the director of the federal government&#8217;s police force pushing a report and bragging about inducing the prosecutor to take the case? Marks discounts it because the report came in October, and charges weren&#8217;t finally filed until April. </p>



<p class="wp-block-paragraph">Or the president telling the media that the case was brought to punish Democrats? </p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">President Trump’s rhetoric is (rather famously) wide-ranging, and he has undoubtedly been critical of the SPLC. However, the SPLC fails to establish that President Trump’s statements evince animus on the part of the United States Attorney for the Middle District of Alabama. So, though President Trump has specifically criticized the SPLC, the organization has not provided evidence that the prosecutors working on this case were in any way motivated by his purported animus.</p>
</blockquote>



<p class="wp-block-paragraph">What happened to &#8220;l&#8217;executive branch, c&#8217;est moi,&#8221; huh? It seems the executive is a unitary entity fully embodied within the person of the president right up until his dementia-fueled ramblings could prove inconvenient for the DOJ. As soon as it risks undermining the effort to use law enforcement power to shield the administration&#8217;s white nationalist allies from being listed on a heat map, the executive magically reverts to a collection of autonomous, well-meaning bureaucrats exercising independent judgment.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">History confirms that prosecutors are entitled to a “presumption of regularity,” meaning that, “in the absence of clear evidence to the contrary, courts presume that they have properly discharged their official duties.”&nbsp;</p>
</blockquote>



<p class="wp-block-paragraph">Federal judges across the country have built <a href="https://www.propublica.org/article/justice-department-presumption-of-regularity">an expansive record of this Department of Justice forfeiting the presumption of regularity</a>, up to and including <a href="https://abovethelaw.com/2026/05/todd-blanche-faces-new-york-bar-complaint-after-federal-judge-flags-vindictive-prosecution/">losing vindictive prosecution cases</a>. Marks does not engage with this record, choosing instead to embrace fantasies about the DOJ that much of the federal judiciary recognize as long gone.</p>



<p class="wp-block-paragraph">To be fair, Marks does not fully pretend prosecutors work in isolation. She acknowledges the &#8220;stalking horse&#8221; theory &#8212; that a prosecutor could be &#8220;prevailed upon to bring the charges by another with animus&#8221; &#8212; and even drops a footnote helpfully informing us that &#8220;[a] stalking horse is, apparently, &#8216;a horse or a figure like a horse behind which a hunter stalks game.'&#8221; Thanks! She then explains what it takes to prove such a &#8220;figure like a horse,&#8221; citing a Sixth Circuit case where the defendant produced affidavits from agency insiders, including a retired EEOC official who said the agency pushed the prosecution as revenge.</p>



<p class="wp-block-paragraph">Alas, the problem with requiring testimony from an insider is that you need to <em>let the defendant get testimony from an insider</em>. When Marks writes that the SPLC failed to &#8220;provide evidence that Mr. Davidson was directed to bring the present charges by a superior with a vindictive motive,&#8221; while simultaneously ruling that the SPLC is not allowed to look at the communications between the prosecutor and his superiors, it kind of gives away the game.</p>



<p class="wp-block-paragraph">But even without discovery, the SPLC already has a whistleblower report laying out the vindictive prosecution! In April, Reps. Jamie Raskin and Mary Gay Scanlon <a href="https://democrats-judiciary.house.gov/sites/evo-subsites/democrats-judiciary.house.gov/files/evo-media-document/2026-04-30-raskin-scanlon-to-singh-doj-re-splc-and-first-amendment.pdf">wrote to Associate Deputy Attorney General Aakash Singh</a> that, according to <a href="https://www.cnn.com/2026/05/01/politics/splc-indictment-rushed-whistleblower-reports">whistleblower information provided to the Judiciary Committee</a>, Singh &#8220;you ordered the U.S. Attorney&#8217;s Office for the Middle District of Alabama, to rush through the indictment of the SPLC, despite serious concerns about the strength of the case.&#8221; Singh is described inside the building as Blanche&#8217;s enforcer. </p>



<p class="wp-block-paragraph">Neither Singh&#8217;s name, nor the whistleblower report, appears in the opinion.</p>



<p class="wp-block-paragraph">Then there&#8217;s <em>Carey</em>, which Marks cites twice. Mr. Carey burned a flag in Lafayette Park hours after Trump signed an executive order demanding flag-burning prosecutions, and Judge Boasberg let him proceed with an inquiry into the government&#8217;s motives, observing that &#8220;[a]ny time a policy directs the [DOJ] to find charges to bring against people who exercise their rights in disfavored ways, the odds of vindictiveness are high indeed.&#8221; Marks quotes that line approvingly and then footnotes it into irrelevance, because <em>Carey</em>&#8216;s prosecution was &#8220;expressly predicated upon, rather than merely subsequent to, protected activity.&#8221;</p>



<p class="wp-block-paragraph">Except the record here includes a presidential memorandum instructing the Joint Terrorism Task Force to investigate &#8220;institutional . . . funders&#8221; who &#8220;aid and abet&#8221; political violence, followed a few weeks later by an FBI incident report on the SPLC that reads:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">The SPLC uses the [H]ate [M]ap as a scheme to defraud by making false representations which are transmitted in interstate commerce through their website.</p>
</blockquote>



<p class="wp-block-paragraph">That is the FBI identifying constitutionally protected publication <em>as the fraud</em>. We&#8217;re not stretching to reach &#8220;expressly predicated upon&#8221; here.</p>



<p class="wp-block-paragraph">It&#8217;s worth noting how the <em>Carey</em> case ended. After Judge Boasberg granted the inquiry, the DOJ moved to dismiss the charges <a href="https://www.nbcnews.com/politics/justice-department/drops-case-veteran-carey-arrested-burning-american-flag-white-house-rcna263438">the week its discovery obligations came due</a>. It&#8217;s almost as though the mere prospect of transparency sends these thugs scurrying. The <em>Carey</em> case should stand for the proposition that the DOJ should always be asked to show its work because the odds are it&#8217;s properly <em>terrified</em> of what that will reveal.</p>



<p class="wp-block-paragraph">Marks closes by warning that the court &#8220;cannot license a fishing expedition based on innuendo or speculation,&#8221; and that &#8220;[i]f the presumption of regularity means anything,&#8221; it counsels against filling in the blanks. What is regular about any of this?!? I&#8217;d offer up the Pepsi Challenge where she lays out the timeless routine of prosecutions against political critics being wrapped in endless declarations by the administration that <em>hey, just so you know, we&#8217;re doing this as retribution, thank you for your attention to this matter!</em> </p>



<p class="wp-block-paragraph">As Lord Chief Justice Hewart put it, &#8220;justice must not only be done, but must be seen to be done.&#8221; For Chief Judge Marks, we must settle for the reverse &#8212; so long as nobody is permitted to look, justice is done.</p>



<p class="wp-block-paragraph"><em>(Opinion on the next page in all its circular glory&#8230;)</em></p>



<p class="wp-block-paragraph"><strong>Earlier</strong>: <a href="https://abovethelaw.com/2026/04/trump-doj-indicts-civil-rights-group-for-working-to-take-down-hate-groups/">Trump DOJ Indicts Civil Rights Group For Working To Take Down Hate Groups</a><br><a href="https://abovethelaw.com/2026/06/new-splc-indictment-has-us-wondering-if-the-doj-is-trying-to-lose/">New SPLC Indictment Has Us Wondering If The DOJ Is Trying To Lose</a></p>


<hr />
<p><strong><em><img decoding="async" class="alignright  wp-image-443318" src="https://abovethelaw.com/wp-content/uploads/2016/11/Headshot-300x200.jpg" alt="Headshot" width="188" height="125" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Headshot-300x200.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Headshot.jpg 500w" sizes="(max-width: 188px) 100vw, 188px" /><a href="http://abovethelaw.com/author/joe-patrice/" target="_blank" rel="noopener">Joe Patrice</a> is a senior editor at Above the Law and co-host of <a href="http://legaltalknetwork.com/podcasts/thinking-like-a-lawyer/" target="_blank" rel="noopener">Thinking Like A Lawyer</a>. Feel free to <a href="mailto:joepatrice@abovethelaw.com">email</a> any tips, questions, or comments. Follow him on <a href="https://twitter.com/josephpatrice" target="_blank" rel="noopener">Twitter</a> or <a href="https://bsky.app/profile/joepatrice.bsky.social" rel="noopener" target="_blank">Bluesky</a> if you&#8217;re interested in law, politics, and a healthy dose of college sports news.</em></strong></p>
<p><p>The post <a href="https://abovethelaw.com/2026/08/trump-judge-rules-splc-cant-prove-vindictive-prosecution-without-evidence-which-she-also-wont-let-them-see/">Trump Judge Rules SPLC Can&#8217;t Prove Vindictive Prosecution Without Evidence, Which She Also Won&#8217;t Let Them See</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The Law Schools With The Highest LSAT Scores (2026)</title>
		<link>https://abovethelaw.com/2026/08/the-law-schools-with-the-highest-lsat-scores-2026/</link>
					<comments>https://abovethelaw.com/2026/08/the-law-schools-with-the-highest-lsat-scores-2026/#respond</comments>
		
		<dc:creator><![CDATA[Staci Zaretsky]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 19:13:00 +0000</pubDate>
				<category><![CDATA[Law Schools]]></category>
		<category><![CDATA[Law Students]]></category>
		<category><![CDATA[LSAT]]></category>
		<category><![CDATA[Rankings]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189608</guid>

					<description><![CDATA[<p>Did your law school make the list?</p>
<p>The post <a href="https://abovethelaw.com/2026/08/the-law-schools-with-the-highest-lsat-scores-2026/">The Law Schools With The Highest LSAT Scores (2026)</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">Though the LSAT’s status as the unquestioned gatekeeper of law school admissions isn’t quite what it once was, with schools increasingly embracing alternative pathways and greater flexibility in how they evaluate applicants, the rite of passage for would-be lawyers remains the gold standard for those seeking admission to law school.</p>



<p class="wp-block-paragraph">Because we must still dedicate time to these test scores, let’s chat about the highest of heights incoming law students have achieved on the LSAT.</p>



<p class="wp-block-paragraph">According to <a href="https://www.usnews.com/education/best-graduate-schools/the-short-list-grad-school/articles/law-schools-where-students-had-the-highest-lsat-scores" target="_blank" rel="noreferrer noopener">U.S. News &amp; World Report</a>, the median LSAT score for full-time students entering in fall 2025 was about 160 at the 196 law schools that are ranked by the magazine. Seventeen of the schools near the tippy top of the list, however, had a median LSAT score above 170. Which schools made the list? Take a look.</p>



<ul class="wp-block-list">
<li>Washington University in St. Louis: 175</li>



<li>Harvard: 174</li>



<li>U. Chicago: 174</li>



<li>Yale: 174</li>



<li>Cornell: 173</li>



<li>UVA: 173</li>



<li>Columbia: 173</li>



<li>Stanford: 173</li>



<li>Northwestern: 173</li>



<li>Penn: 173</li>



<li>NYU: 172</li>



<li>Texas: 172</li>



<li>Duke: 171</li>



<li>Michigan: 171</li>



<li>UCLA: 171</li>



<li>Minnesota: 171</li>



<li>Georgetown: 171</li>
</ul>



<p class="wp-block-paragraph">It’s not exactly shocking that some of the best law schools in the country boast some of the best LSAT scores. After all, when thousands of aspiring lawyers are competing for a limited number of seats at the nation’s most elite schools, a stellar LSAT score is practically the price of admission.</p>



<p class="wp-block-paragraph">How did your law school measure up against these schools?</p>



<p class="wp-block-paragraph"><a href="https://www.usnews.com/education/best-graduate-schools/the-short-list-grad-school/articles/law-schools-where-students-had-the-highest-lsat-scores" target="_blank" rel="noreferrer noopener">17 Law Schools With the Highest LSAT Scores</a> [U.S. News]</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<figure class="wp-block-image alignright"><img loading="lazy" decoding="async" width="150" height="100" src="https://abovethelaw.com/wp-content/uploads/sites/4/2016/11/Staci-Zaretsky.jpg" alt="" class="wp-image-66762"/></figure>



<p class="wp-block-paragraph"><strong><em><a href="https://abovethelaw.com/author/staci-zaretsky/" target="_blank" rel="noreferrer noopener">Staci Zaretsky</a> is the managing editor of Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to <a href="mailto:staci@abovethelaw.com" target="_blank" rel="noreferrer noopener">email</a> her with any tips, questions, comments, or critiques. You can follow</em></strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/08/the-law-schools-with-the-highest-lsat-scores-2026/">The Law Schools With The Highest LSAT Scores (2026)</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The Senate Confirmed Todd Blanche At 4 am. Nothing Good Happens After Midnight.</title>
		<link>https://abovethelaw.com/2026/08/the-senate-confirmed-todd-blanche-at-4-am-nothing-good-happens-after-midnight/</link>
					<comments>https://abovethelaw.com/2026/08/the-senate-confirmed-todd-blanche-at-4-am-nothing-good-happens-after-midnight/#respond</comments>
		
		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 18:32:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Breaking Government]]></category>
		<category><![CDATA[Department Of Justice (DOJ)]]></category>
		<category><![CDATA[Todd Blanche]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189632</guid>

					<description><![CDATA[<p>50-49. Trump's former personal criminal defense attorney will now lead the nation's top law enforcement agency.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/the-senate-confirmed-todd-blanche-at-4-am-nothing-good-happens-after-midnight/">The Senate Confirmed Todd Blanche At 4 am. Nothing Good Happens After Midnight.</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">You know how your parents, trying to defend what seemed at the time an unreasonable curfew, used to say nothing good happens after midnight? Turns out that&#8217;s also true of the United States Senate. At approximately 4:17 am Saturday morning, the Senate <a href="https://www.npr.org/2026/08/08/g-s1-137631/senate-confirms-todd-blanche-attorney-general">confirmed Todd Blanche</a> as Attorney General of the United States by a vote of 50-49, elevating Trump&#8217;s former personal criminal defense attorney to lead the Department of Justice. Cool cool cool.</p>



<p class="wp-block-paragraph">The final vote breakdown: every Democrat voted no, joined by <a href="https://abovethelaw.com/2026/08/susan-collins-is-voting-against-todd-blanche-turns-out-he-made-some-promises-to-anti-abortion-groups/">Susan Collins</a> and <a href="https://abovethelaw.com/2026/08/todd-blanche-threading-the-narrowest-of-needles-for-confirmation/">Lisa Murkowski</a>. Both get to point to their no votes as evidence of their moderate independence &#8212; Collins heading into a competitive Maine re-election, Murkowski perpetually performing the same &#8220;I have concerns&#8221; routine she&#8217;s been running since the Kavanaugh hearings &#8212; secure in the knowledge that their votes didn&#8217;t actually matter, Blanche got confirmed anyway, and Trump has no grounds to be furious with them. It&#8217;s the perfect Republican moderate maneuver: principled enough to generate a headline, consequence-free enough to avoid a Truth Social post. The 50th vote, the one that actually mattered, was Bill Cassidy.</p>



<p class="wp-block-paragraph">Cassidy&#8217;s vote that put Blanche over the top showed he learned absolutely nothing from <a href="https://kffhealthnews.org/health-industry/rfk-jr-robert-kennedy-vaccines-broken-promises-senators-cassidy/">watching RFK Jr. break every promise he made to secure his confirmation</a> and decided to try again with Blanche. &#8220;Mr. Blanche is not perfect, and he will tell you this,&#8221; Cassidy said in his floor speech. &#8220;But the choice is not between perfection and Mr. Blanche. It is between Mr. Blanche and another acting attorney general who may not run the department effectively under President Trump and who indeed may not be as good as Mr. Blanche.&#8221;</p>



<p class="wp-block-paragraph">That is, as <a href="https://abovethelaw.com/2026/06/bill-barr-would-like-the-senate-to-know-confirm-todd-blanche-or-the-hostage-gets-it/">Bill Barr would recognize</a>, the hostage negotiation argument, and it worked.</p>



<p class="wp-block-paragraph">So, yeah. The man who <a href="https://abovethelaw.com/2026/06/todd-blanche-is-your-new-attorney-general-probably/">spent two months auditioning for this job</a> by declaring it the president&#8217;s &#8220;right and duty&#8221; to direct criminal investigations of his enemies, who <a href="https://abovethelaw.com/2026/07/paging-dr-freud-todd-blanche-calls-himself-trumps-lawyer-at-his-attorney-general-confirmation-hearing/">introduced himself as Trump&#8217;s lawyer at his own confirmation hearing</a>, who <a href="https://abovethelaw.com/2026/07/todd-blanches-confirmation-strategy-call-two-senate-judiciary-committee-members-liars/">called two senators liars in his written responses</a>, who <a href="https://abovethelaw.com/2026/08/the-trump-slush-fund-is-dead-long-live-the-trump-slush-fund/">won&#8217;t commit to keeping the slush fund dead in any legally binding way</a>, and whose former SDNY colleagues <a href="https://abovethelaw.com/2026/07/todd-blanches-former-sdny-colleagues-vouched-for-him-last-year-they-wont-make-that-mistake-again/">wouldn&#8217;t vouch for him the second time around</a> is now the permanent Attorney General of the United States.</p>



<p class="wp-block-paragraph">As for the slush fund that played such a pivotal role in the process, even as the confirmation vote was pending this week, Trump told reporters the fund would have been &#8220;very fair&#8221; and could have given &#8220;some solace&#8221; to January 6 supporters who were prosecuted. &#8220;I view that fund as a positive, and a lot of Republicans do too,&#8221; the president said. Recall Blanche had to be forced to rescinded in writing the slush fund to get Cornyn and Tillis on board and even Cassidy admitted the fuds troubled him. But it&#8217;s still a positive in Trump&#8217;s eyes, and we have an Attorney General who hasn&#8217;t shown much willingness or ability to stand up to Trump.</p>



<p class="wp-block-paragraph"><strong>Earlier:</strong> <a href="https://abovethelaw.com/2026/08/todd-blanche-threading-the-narrowest-of-needles-for-confirmation/">Todd Blanche Threading The Narrowest Of Needles For Confirmation</a><br><a href="https://abovethelaw.com/2026/08/the-trump-slush-fund-is-dead-long-live-the-trump-slush-fund/" target="_blank" rel="noreferrer noopener">The Trump Slush Fund Is Dead. Long Live The Trump Slush Fund.</a><br><a href="https://abovethelaw.com/2026/08/todd-blanche-loses-susan-collinss-vote-blame-his-secret-promises-to-anti-abortion-groups/" target="_blank" rel="noreferrer noopener">Todd Blanche Loses Susan Collins’s Vote. Blame His Secret Promises To Anti-Abortion Groups.<br></a><a href="https://abovethelaw.com/2026/08/the-doj-has-betrayed-epstein-survivors-new-mexico-is-suing-over-the-latest-issue/" target="_blank" rel="noreferrer noopener">The DOJ Has Betrayed Epstein Survivors — New Mexico Is Suing Over The Latest Issue<br></a><a href="https://abovethelaw.com/2026/07/todd-blanches-confirmation-vote-gets-postponed-because-he-just-wont-put-his-promises-in-writing/" target="_blank" rel="noreferrer noopener">Todd Blanche’s Confirmation Vote Gets Postponed Because He Just Won’t Put His Promises In Writing</a><br><a href="https://abovethelaw.com/2026/07/paging-dr-freud-todd-blanche-calls-himself-trumps-lawyer-at-his-attorney-general-confirmation-hearing/" target="_blank" rel="noreferrer noopener">Paging Dr. Freud: Todd Blanche Calls Himself Trump’s Lawyer At His Attorney General Confirmation Hearing</a></p>



<hr />
<p><strong><em><img loading="lazy" decoding="async" class=" wp-image-80083 alignright" src="https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-620x568.jpg" alt="" width="174" height="160" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-620x568.jpg 620w, https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-300x275.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-1536x1408.jpg 1536w, https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705.jpg 1920w" sizes="auto, (max-width: 174px) 100vw, 174px" /><p><strong><em>Kathryn Rubino is a Senior Editor at Above the Law, host of <a href="https://open.spotify.com/show/1XC11QhFCWxWr4NQrk2sEA" target="_blank" rel="noreferrer noopener">The Jabot podcast</a>, and co-host of <a href="https://legaltalknetwork.com/podcasts/thinking-like-a-lawyer/" target="_blank" rel="noreferrer noopener">Thinking Like A Lawyer</a>. AtL tipsters are the best, so please connect with her. Feel free to email <a href="mailto:kathryn@abovethelaw.com?subject=Your%20Column">her</a> with any tips, questions, or comments and follow her on Twitter <a href="https://twitter.com/Kathryn1/" target="_blank" rel="noreferrer noopener">@Kathryn1</a> or Bluesky <a href="https://bsky.app/profile/kathryn1.bsky.social">@Kathryn1</a></em></strong></p>
<p>The post <a href="https://abovethelaw.com/2026/08/the-senate-confirmed-todd-blanche-at-4-am-nothing-good-happens-after-midnight/">The Senate Confirmed Todd Blanche At 4 am. Nothing Good Happens After Midnight.</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>How Lawyers Can Start A Podcast That Actually Builds Business And Brand</title>
		<link>https://abovethelaw.com/2026/08/how-lawyers-can-start-a-podcast-that-actually-builds-business-and-brand/</link>
					<comments>https://abovethelaw.com/2026/08/how-lawyers-can-start-a-podcast-that-actually-builds-business-and-brand/#respond</comments>
		
		<dc:creator><![CDATA[Steve Fretzin]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 17:47:00 +0000</pubDate>
				<category><![CDATA[Small Law Firms]]></category>
		<category><![CDATA[Business development]]></category>
		<category><![CDATA[Midsize Firms / Regional Firms]]></category>
		<category><![CDATA[Podcasts]]></category>
		<category><![CDATA[Steve Fretzin]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189599</guid>

					<description><![CDATA[<p>A podcast can be one of the smartest branding and relationship tools a lawyer will ever use, but only if it has a clear purpose, a strong format, and a real plan behind it.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/how-lawyers-can-start-a-podcast-that-actually-builds-business-and-brand/">How Lawyers Can Start A Podcast That Actually Builds Business And Brand</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">I have been marketing my business for more than two decades, and I can say without hesitation that nothing has helped build my brand quite like podcasting.</p>



<p class="wp-block-paragraph">Not networking groups. Not speaking alone. Not articles by themselves. The podcast has created access, authority, visibility, relationships, and content at a level that no single marketing activity could touch.</p>



<p class="wp-block-paragraph">That does not mean every lawyer should run out and start a show tomorrow. In fact, most should not, unless they are prepared to treat it like a serious business development asset instead of a random hobby with a microphone.</p>



<p class="wp-block-paragraph">A good podcast can open doors. A weak podcast can burn time, money, and energy without much to show for it. The difference comes down to strategy.</p>



<p class="wp-block-paragraph"><strong>Start With the Concept, Not the Equipment</strong></p>



<p class="wp-block-paragraph">Too many people start with the wrong question. They ask, “What microphone should I buy?” or “What platform should I use?” Those things matter, but not first.</p>



<p class="wp-block-paragraph">The first question is much more important: What is the show?</p>



<p class="wp-block-paragraph">Who is it for? Why would they listen? What problem does it solve? What conversations will it create? What do you want it to do for your practice?</p>



<p class="wp-block-paragraph">If the purpose is business development, then the show should help you build relationships with referral partners, prospects, influencers, clients, or industry leaders. If the purpose is branding, then the show should reinforce your authority in a narrow space. If the purpose is education, then the show should answer the questions your best clients and referral sources already ask.</p>



<p class="wp-block-paragraph">The title matters too. Clever is fine, but clear usually wins. A searchable title gives people a better chance to find you on Google, YouTube, Spotify, and Apple. If your show name sounds interesting but tells the market nothing, you may have made the job harder than it needs to be.</p>



<p class="wp-block-paragraph">A lawyer who handles commercial real estate does not need a show title that sounds like a mystery novel. A better title might speak directly to real estate deals, development, investment, finance, zoning, or whatever lane that lawyer wants to own.</p>



<p class="wp-block-paragraph">Your show should answer one simple question before the first episode ever records: Why this show, why this audience, and why now?</p>



<p class="wp-block-paragraph"><strong>Get Help Before You Create a Second Job</strong></p>



<p class="wp-block-paragraph">Podcasting looks simple from the outside. Record a conversation, upload it somewhere, and move on. That is not how it works if you want the show to look and sound professional to support your business development efforts.</p>



<p class="wp-block-paragraph">Someone has to schedule guests, prep questions, manage recording links, edit audio, edit video, create graphics, review show notes, publish the episode, upload it to the hosting platform, post it on YouTube, create clips, write social posts, update the website, manage transcripts, and help promote it.</p>



<p class="wp-block-paragraph">That does not mean you need a huge budget. A full-service podcast production company can handle the heavy lifting, but a smaller team can work too. You might use a freelance editor, a virtual assistant, a college student, someone from Upwork, or a virtual assistant overseas. The key is not the size of the team. The key is to delegate EVERYTHING you can, to ensure it doesn’t eat away at your time.</p>



<p class="wp-block-paragraph">If you are the lawyer, your highest value role is not editing waveforms or formatting show notes. Your job is to host great conversations, build relationships, share strong ideas, and follow up with the right people after the episode.</p>



<p class="wp-block-paragraph">Podcasting should not become another administrative burden. If it does, you will resent it, delay it, or quit.</p>



<p class="wp-block-paragraph"><strong>Launch With Intention</strong></p>



<p class="wp-block-paragraph">The launch does not need to be perfect, but it does need to be planned.</p>



<p class="wp-block-paragraph">Before you release the first episode, record a few shows. Five is good. Ten is better. This lets you get comfortable, test the format, fix sound issues, refine your opening, improve your questions, and avoid the pressure of recording week to week with no cushion.</p>



<p class="wp-block-paragraph">You may want a short trailer episode that explains who the show is for and why it exists. You may also want a press release, LinkedIn announcement, email campaign, website page, YouTube channel setup, and guest promotion plan.</p>



<p class="wp-block-paragraph">Guests should not be treated like one time content sources. They are relationships. If you interview the right people, the real value often comes before and after the episode. You get to meet them, learn from them, promote them, deepen trust, and potentially move the relationship forward.</p>



<p class="wp-block-paragraph">That is where many lawyers miss the boat. They record the show, say thank you, publish it, and move on. That is not business development. That is content production.</p>



<p class="wp-block-paragraph">The better play is to use the podcast as a relationship platform.</p>



<p class="wp-block-paragraph"><strong>Repurpose Everything</strong></p>



<p class="wp-block-paragraph">A podcast episode should never live in only one place.</p>



<p class="wp-block-paragraph">Yes, it should be on Spotify, Apple Podcasts, YouTube, and live on your website. A hosting tool or another podcast platform can help distribute the episode across major listening channels. But that is only the beginning.</p>



<p class="wp-block-paragraph">Each episode can be broken down or repurposed to become a blogcast, LinkedIn post, short video clip, email newsletter, quote graphic, YouTube video, article idea, and follow up message to clients or referral partners.</p>



<p class="wp-block-paragraph">This is where the leverage lives. In my case, I actually used the Blogcasts (truncated transcripts) to write my latest book “BE THAT LAWYER: 101 Top Rainmakers Secrets to Growing a Successful Law Practice,” which is my bestselling book of the five I’ve written.</p>



<p class="wp-block-paragraph">Lawyers already struggle with consistency in marketing. Podcasting gives you a content engine. Instead of staring at a blank screen each week, you have conversations, insights, stories, and expert commentary ready to convert into usable content.</p>



<p class="wp-block-paragraph">The guest should also help. Give them clips. Tag them. Make it easy for them to share. Encourage them to comment and repost. A good guest promotion plan can multiply the reach of every episode.</p>



<p class="wp-block-paragraph"><strong>Review What Is Working</strong></p>



<p class="wp-block-paragraph">After the show launches, do not just keep producing episodes without reviewing the results.</p>



<p class="wp-block-paragraph">Look at the data, but do not obsess over downloads alone. For lawyers, the best podcast metrics may not be massive audience numbers. The more important questions are these: Are you meeting the right people? Are referral partners engaging? Are clients mentioning the show? Are guests sharing it? Are clips getting attention? Are episodes helping your website and YouTube presence? Are conversations turning into opportunities?</p>



<p class="wp-block-paragraph">Study other shows too. What do you like about their openings? Their thumbnails? Their clips? Their interview style? Their guest selection? You do not need to copy anyone, but you should pay attention to what works.</p>



<p class="wp-block-paragraph">Then adjust.</p>



<p class="wp-block-paragraph">Your first 10 episodes will not be your best. They should not be. The point is to get started, stay committed, and improve over time.</p>



<p class="wp-block-paragraph"><strong>Podcasting Rewards the Lawyer Who Stays with It</strong></p>



<p class="wp-block-paragraph">The lawyers who win with podcasting are not always the best speakers, the most polished hosts, or the biggest personalities. They are the ones who understand the purpose and stay consistent.</p>



<p class="wp-block-paragraph">A podcast can build your brand. It can create relationships. It can position you as a thought leader. It can give you a reason to reach out to people you otherwise may never meet. It can give you content for months and open conversations that lead to real business.</p>



<p class="wp-block-paragraph">But it will not work if it is random.</p>



<p class="wp-block-paragraph">Start with the concept. Build the right support team. Launch with a plan. Repurpose every episode. Review what works. Improve as you go.</p>



<p class="wp-block-paragraph">That is how a lawyer turns a podcast from another marketing idea into a serious business development asset. For me, 70% of my business now comes from my BE THAT LAWYER and Future Rainmaker podcasts (and the assets we create from and around them). Not too shabby in only six years’ time.</p>



<p class="wp-block-paragraph">To discuss podcasting and other business development topics to grow a successful law practice, email steve at <a href="mailto:steve@fretzin.com">steve@fretzin.com</a> or visit our website www.bethatlawyer.com.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p class="wp-block-paragraph"><strong><em>Steve Fretzin is a five-time bestselling author, host of the&nbsp;BE THAT LAWYER&nbsp;and&nbsp;Future Rainmakers&nbsp;podcasts, and a business development coach who works exclusively with attorneys. For more than 18 years, he has helped lawyers build strong books of business without selling, pitching, or chasing, using his proven Sales-Free Selling™ approach. His clients consistently become top rainmakers and credit his coaching and systems for driving meaningful, measurable growth. Steve can be reached directly at&nbsp;<a>steve@fretzin.com</a>, or through his website at&nbsp;<a href="http://bethatlawyer.com/" target="_blank" rel="noreferrer noopener">bethatlawyer.com</a>. Connect with him on LinkedIn at&nbsp;<a href="https://www.linkedin.com/in/stevefretzin" target="_blank" rel="noreferrer noopener">https://www.linkedin.com/in/stevefretzin</a>. His ALL NEW&nbsp;BE THAT LAWYER Community&nbsp;is changing how lawyers develop the skills never taught in law school. Learn more at&nbsp;<a href="http://bethatlawyer.com/community" target="_blank" rel="noreferrer noopener">bethatlawyer.com/community</a></em>.</strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/08/how-lawyers-can-start-a-podcast-that-actually-builds-business-and-brand/">How Lawyers Can Start A Podcast That Actually Builds Business And Brand</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The Richest Law Firms Are Looking At Private Equity Cash Because I Guess They Don’t Have Enough Money</title>
		<link>https://abovethelaw.com/2026/08/the-richest-law-firms-are-looking-at-private-equity-cash-because-i-guess-they-dont-have-enough-money/</link>
					<comments>https://abovethelaw.com/2026/08/the-richest-law-firms-are-looking-at-private-equity-cash-because-i-guess-they-dont-have-enough-money/#respond</comments>
		
		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 17:01:00 +0000</pubDate>
				<category><![CDATA[Biglaw]]></category>
		<category><![CDATA[Money]]></category>
		<category><![CDATA[Private Equity]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189607</guid>

					<description><![CDATA[<p>Biglaw is looking at the playbook that killed endless shrimp.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/the-richest-law-firms-are-looking-at-private-equity-cash-because-i-guess-they-dont-have-enough-money/">The Richest Law Firms Are Looking At Private Equity Cash Because I Guess They Don&#8217;t Have Enough Money</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">Some of the richest law firms on the planet have started quietly asking whether they should sell a piece of themselves to private equity. According to <a href="https://www.ft.com/content/9387ed2c-837a-4ea1-8d5f-180513292c9a">the Financial Times</a>, Paul, Weiss; Quinn Emanuel; and Proskauer have all held preliminary conversations with PE groups or their bankers about taking in outside capital, with White &amp; Case reportedly assigning a group of senior lawyers to study the idea and McDermott Will &amp; Schulte still taking meetings. Paul, Weiss says it listened to a couple of pitches months ago and hasn&#8217;t followed up. While no one has launched a formal sale process, the fact that it&#8217;s now in circulation at firms like these tells you something.</p>



<p class="wp-block-paragraph">Of course, the whole thing hinges on getting around ABA Rule 5.4, the ethics rule that bars non-lawyers from owning law firms. Enter the management services organization &#8212; an arrangement where the firm splits itself in two, with the lawyer-owned entity handling the actual lawyering and a separate company owning the back office, the technology, the IP, and the real estate, collecting fees from the law firm and, crucially, accepting all the outside money it wants.</p>



<p class="wp-block-paragraph">The MSO structure has &#8220;worked&#8221; before (if by &#8220;work&#8221; you mean bleeding once trusted professions). This is the same vehicle that private equity used to roll up your veterinary clinic (now with a $4,000 estimate for a limping dog), your dentist (surprise, you need four crowns), the physician practice that used to be independent, and your nursing home. Corporate-practice-of-medicine rules were supposed to keep non-doctors from owning medical care; the <a href="https://www.economicliberties.us/our-work/the-save-our-pets-act-stopping-the-corporate-takeover-of-veterinary-practices/">MSO was the workaround</a>, and higher prices, consolidation, and pressure to upsell followed close behind.</p>



<p class="wp-block-paragraph">The interesting aspect of FT&#8217;s report is that these are not distressed firms. The 2026 <a href="https://abovethelaw.com/2026/04/the-2026-am-law-100-is-out-and-surprise-the-rich-law-firms-got-richer/">saw another orgy of record profits</a>, with Wachtell paying its equity partners north of $12 million each and Quinn Emanuel pulling in roughly $3 billion in revenue. The pitch is that outside capital would fund the AI buildout and let firms throw even more money at rainmaking laterals, as if Biglaw&#8217;s defining problem in 2026 were a shortage of cash to spend on itself.</p>



<p class="wp-block-paragraph">To their credit, Biglaw partners so far <a href="https://abovethelaw.com/2026/05/biglaw-partners-arent-ready-to-hand-over-the-keys-to-private-equity-just-yet/">seem skeptical so far</a>. The smart money says the first real deal comes from a <a href="https://abovethelaw.com/2026/05/private-equity-has-its-eyes-on-biglaws-second-hundred-firms/">Second Hundred firm</a> with a smaller cap table and a founder ready to cash out, not from a lockstep marquee name.</p>



<p class="wp-block-paragraph">Private equity managed to ruin endless shrimp at Red Lobster. I, for one, cannot wait to see the hellscape it builds out of an industry that already bills you in six-minute increments.</p>



<p class="wp-block-paragraph"><strong>Earlier:</strong> <a href="https://abovethelaw.com/2026/05/private-equity-has-its-eyes-on-biglaws-second-hundred-firms/">Private Equity Has Its Eyes On Biglaw&#8217;s Second Hundred Firms</a><br><a href="https://abovethelaw.com/2026/05/biglaw-partners-arent-ready-to-hand-over-the-keys-to-private-equity-just-yet/">Biglaw Partners Aren&#8217;t Ready To Hand Over The Keys To Private Equity Just Yet</a><br><a href="https://abovethelaw.com/2026/04/the-2026-am-law-100-is-out-and-surprise-the-rich-law-firms-got-richer/">The 2026 Am Law 100 Is Out, And Surprise: The Rich Law Firms Got Richer</a></p>



<hr />
<p><strong><em><img loading="lazy" decoding="async" class=" wp-image-80083 alignright" src="https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-620x568.jpg" alt="" width="174" height="160" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-620x568.jpg 620w, https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-300x275.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705-1536x1408.jpg 1536w, https://abovethelaw.com/wp-content/uploads/sites/4/2021/06/IMG_5243-1-scaled-e1623338814705.jpg 1920w" sizes="auto, (max-width: 174px) 100vw, 174px" /><p><strong><em>Kathryn Rubino is a Senior Editor at Above the Law, host of <a href="https://open.spotify.com/show/1XC11QhFCWxWr4NQrk2sEA" target="_blank" rel="noreferrer noopener">The Jabot podcast</a>, and co-host of <a href="https://legaltalknetwork.com/podcasts/thinking-like-a-lawyer/" target="_blank" rel="noreferrer noopener">Thinking Like A Lawyer</a>. AtL tipsters are the best, so please connect with her. Feel free to email <a href="mailto:kathryn@abovethelaw.com?subject=Your%20Column">her</a> with any tips, questions, or comments and follow her on Twitter <a href="https://twitter.com/Kathryn1/" target="_blank" rel="noreferrer noopener">@Kathryn1</a> or Bluesky <a href="https://bsky.app/profile/kathryn1.bsky.social">@Kathryn1</a></em></strong></p>
<p>The post <a href="https://abovethelaw.com/2026/08/the-richest-law-firms-are-looking-at-private-equity-cash-because-i-guess-they-dont-have-enough-money/">The Richest Law Firms Are Looking At Private Equity Cash Because I Guess They Don&#8217;t Have Enough Money</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Thinking About Trump’s ‘Brain Trust’</title>
		<link>https://abovethelaw.com/2026/08/thinking-about-trumps-brain-trust/</link>
					<comments>https://abovethelaw.com/2026/08/thinking-about-trumps-brain-trust/#respond</comments>
		
		<dc:creator><![CDATA[Mark Herrmann]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 16:16:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Brain Trusts]]></category>
		<category><![CDATA[Breaking Government]]></category>
		<category><![CDATA[Donald Trump]]></category>
		<category><![CDATA[Mark Herrmann]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189587</guid>

					<description><![CDATA[<p>Trump likes credentials; he just doesn't have 'em.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/thinking-about-trumps-brain-trust/">Thinking About Trump&#8217;s &#8216;Brain Trust&#8217;</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<figure class="wp-block-image alignright"><img loading="lazy" decoding="async" width="724" height="483" src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/07/GettyImages-1256155083.jpg" alt="" class="wp-image-1188133" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2026/07/GettyImages-1256155083.jpg 724w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/07/GettyImages-1256155083-300x200.jpg 300w" sizes="auto, (max-width: 724px) 100vw, 724px" /></figure>



<p class="wp-block-paragraph">Consider President Donald Trump&#8217;s &#8220;brain trust&#8221; &#8212; the small group of people he consults before making major decisions.&nbsp;Even mediocre people can make good decisions if they&#8217;re surrounded by competent help.&nbsp;(Some would say Joe Biden, a genial mediocrity, did that.)&nbsp;How does Trump&#8217;s brain trust measure up?</p>



<p class="wp-block-paragraph">Then I realized that you can&#8217;t write about this subject.</p>



<p class="wp-block-paragraph">Excuse a brief digression:&nbsp;I worked primarily for two large institutions before I retired.&nbsp;At the first institution, a huge international law firm, the managing partner (who had attended a good college and law school, graduated at the top of his class, served as a U.S. Supreme Court clerk, and then had a spectacular legal career) sought advice from others with similar pedigrees.</p>



<p class="wp-block-paragraph">At my second employer, the CEO had graduated at the top of his class from a leading business school, worked at one of the &#8220;big three&#8221; consulting firms, and moved from the management committee of the consulting firm to CEO of a big international company.&nbsp;He was surrounded by folks with similar pedigrees and relied on them for advice.</p>



<p class="wp-block-paragraph">I felt relatively comfortable knowing the identities of the brain trusts.</p>



<p class="wp-block-paragraph">Compare this with Donald Trump and his brain trust.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">First, Trump himself.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">Trump cares about credentials. When bragging about himself, <a href="https://www.businessinsider.com/trumps-wharton-admissions-officer-said-president-not-a-super-genius-2019-7" target="_blank" rel="noreferrer noopener">Trump boasts</a> that The Wharton School of the University of Pennsylvania is &#8220;the hardest school to get into, the best school in the world.&#8221; And Wharton is in fact a relatively tough school to get into &#8212; today. Currently, the Wharton School admits about <a href="https://www.newsweek.com/trump-college-wharton-admission-interview-james-nolan-1448111" target="_blank" rel="noreferrer noopener">7.4% of applicants</a>. In the 1960s, not so much. When Trump was admitted into Wharton, the acceptance rate was over 50%. The then-admissions officer at the Wharton School has explained that Trump&#8217;s older brother, Fred, was one of the admissions officer&#8217;s best friends. Fred set up an interview for Donald. &#8220;[T]he young <a href="https://www.newsweek.com/trump-college-wharton-admission-interview-james-nolan-1448111" target="_blank" rel="noreferrer noopener">Donald Trump [w]as</a> an average, forgettable Fordham University transfer student,&#8221; but since more than half of all applicants were accepted into Wharton in the middle 1960s, that average, forgettable guy made the grade.  </p>



<p class="wp-block-paragraph">Trump similarly claims to have graduated at the top of his Wharton class.&nbsp;The&nbsp;<a href="https://poetsandquantsforundergrads.com/news/trump-1st-class-wharton-fake-news/" target="_blank" rel="noreferrer noopener">graduation program</a>, however, does not list Trump as having graduated with any honors.</p>



<p class="wp-block-paragraph">Trump likes credentials; he just doesn&#8217;t have &#8217;em.</p>



<p class="wp-block-paragraph">After graduation, Trump ran a private company &#8212; so no outsider ever passed judgment on Trump&#8217;s skills &#8212; that was supported in part by&nbsp;<a href="https://www.blogger.com/blog/post/edit/4454944101251496/4781271233007542028#" target="_blank" rel="noreferrer noopener">gifts from his father</a>.&nbsp;Six of Trump&#8217;s hotel and casino businesses filed for bankruptcy along the way.&nbsp;Trump later became rich as a result of his presidency, but his pre-presidential life doesn&#8217;t suggest that Trump had any particular brains or talent (except perhaps for showmanship).</p>



<p class="wp-block-paragraph">During his first term, Trump&#8217;s Cabinet consisted largely of folks who were either well-credentialed or rich.</p>



<p class="wp-block-paragraph">His second term is different.&nbsp;Trump now surrounds himself with the obsequious.&nbsp;If you doubt the fawning, watch even a minute or two of the Cabinet meetings where Trump goes around the room having each Cabinet member lavish praise on him.&nbsp;Trump&#8217;s not exactly receiving honest opinions or hearing from viewpoints that differ from his own.</p>



<p class="wp-block-paragraph">Even those lavishing praise on Trump do not appear to be especially gifted.&nbsp;Trump&#8217;s Chief of Staff&nbsp;<a href="https://en.wikipedia.org/wiki/Susie_Wiles" target="_blank" rel="noreferrer noopener">Susie Wiles</a> was the daughter of NFL quarterback Pat Summerall.&nbsp;After graduating from The University of Maryland, she went to work for Summerall&#8217;s former teammate, Jack Kemp, who was then a member of Congress.&nbsp;In the years since, Wiles worked her way up through the political ranks.</p>



<p class="wp-block-paragraph">JD Vance, a graduate of Yale Law School, author of a best-selling book, and one-time vicious critic of Trump, seemed to be an intelligent young man.&nbsp;He then left his senses behind in a quest for political glory.&nbsp;I doubt that Vance is an idiot.&nbsp;Other than the &#8220;leaving his senses behind&#8221; bit &#8212; undoubtedly caused by his unrestrained opportunism &#8212; he belongs in a brain trust.</p>



<p class="wp-block-paragraph">Marco Rubio?&nbsp;University of Florida, University of Miami Law School (<em>cum laude</em>), and a political career.</p>



<p class="wp-block-paragraph">Pete Hegseth?&nbsp;Valedictorian of his high school class, played basketball at Princeton, and graduated with no apparent honors.&nbsp;Military service and television commentator.</p>



<p class="wp-block-paragraph">Here&#8217;s where I run into trouble.&nbsp;If I were to say something disparaging about a school, or a failure to graduate with distinction, or the admissions standards for basketball players, people would rightly criticize me.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">I hate you elitists!&nbsp;There&#8217;re a lot of late bloomers in the world!&nbsp;Why do you look only at someone&#8217;s early academic pedigree and decide that marks them for life?&nbsp;Even folks without fancy degrees can be very smart!&nbsp;And smart people are hardly infallible:&nbsp;Read&nbsp;<a href="https://en.wikipedia.org/wiki/The_Best_and_the_Brightest" target="_blank" rel="noreferrer noopener">&#8220;The Best and the Brightest</a>&#8220;! What&#8217;s wrong with you?</p>



<p class="wp-block-paragraph">If the president&#8217;s brain trust consisted of Beavis and Butthead, I couldn&#8217;t criticize the pair:&nbsp;People would say that I&#8217;m a pointy-headed intellectual with no sense of the real America.</p>



<p class="wp-block-paragraph">So I&#8217;m leaving it to you:&nbsp;Wiles, Vance, Rubio, Hegseth, Russell Vought, Stephen Miller, Tom Homan, and the rest.&nbsp;How are we doing?</p>



<p class="wp-block-paragraph">Is Trump receiving advice he should rely on?&nbsp;How would his brain trust perform on a civics exam?</p>



<p class="wp-block-paragraph">I do have one closing question, just for my own edification:&nbsp;The left says that I shouldn&#8217;t judge people based on credentials &#8212; such as grades, quality of schools attended, and the like &#8212; because those criteria unfairly favor rich white people. The right says that I shouldn&#8217;t trust people with fancy credentials &#8212; such as doctorates in economics and climate science &#8212; because then I&#8217;m relying on condescending hypocrites.&nbsp;I surely don&#8217;t know enough about every subject on earth to independently decide who&#8217;s competent and who isn&#8217;t.&nbsp;Is there any basis on which to judge, in advance, who would actually be good at a task?</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p class="wp-block-paragraph"><strong><em>Mark&nbsp;Herrmann&nbsp;spent 17 years as a partner at a leading international law firm and later oversaw litigation, compliance and employment matters at a large international company. He is the author of&nbsp;</em></strong><a href="https://www.amazon.com/Curmudgeons-Guide-Practicing-Law/dp/1641054336/ref=pd_lpo_14_t_0/144-3788773-6854967?_encoding=UTF8&amp;pd_rd_i=1641054336&amp;pd_rd_r=61f38502-781d-47fb-a260-1970deea4a4d&amp;pd_rd_w=AWqCy&amp;pd_rd_wg=kFTh8&amp;pf_rd_p=7b36d496-f366-4631-94d3-61b87b52511b&amp;pf_rd_r=YK5GGKBGTD85BA2P42XB&amp;psc=1&amp;refRID=YK5GGKBGTD85BA2P42XB" target="_blank" rel="noreferrer noopener"><strong><em>The Curmudgeon’s Guide to Practicing Law</em></strong></a><strong><em>&nbsp;and&nbsp;</em></strong><a href="http://www.amazon.com/Device-Product-Liability-Litigation-Strategy/dp/0198803532/ref=sr_1_fkmr0_1?keywords=%22drug+and+device+product+liability+litigation+strategy%22+second&amp;qid=1578409788&amp;s=books&amp;sr=1-1-fkmr0" target="_blank" rel="noreferrer noopener"><strong><em>Drug and Device Product Liability Litigation Strategy</em></strong></a><strong><em>&nbsp;(affiliate links). You can reach him by email at&nbsp;</em></strong><a href="mailto:inhouse@abovethelaw.com" target="_blank" rel="noreferrer noopener"><strong><em>inhouse@abovethelaw.com</em></strong></a><strong><em>.</em></strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/08/thinking-about-trumps-brain-trust/">Thinking About Trump&#8217;s &#8216;Brain Trust&#8217;</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Cherryn-Paige Bissett Says AI Didn’t Replace Lawyers. It Repriced Judgment.</title>
		<link>https://abovethelaw.com/2026/08/cherryn-paige-bissett-says-ai-didnt-replace-lawyers-it-repriced-judgment/</link>
					<comments>https://abovethelaw.com/2026/08/cherryn-paige-bissett-says-ai-didnt-replace-lawyers-it-repriced-judgment/#respond</comments>
		
		<dc:creator><![CDATA[Olga V. Mack]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 15:32:00 +0000</pubDate>
				<category><![CDATA[In-House Counsel]]></category>
		<category><![CDATA[Artificial Intelligence (AI)]]></category>
		<category><![CDATA[Cherryn-Paige Bissett]]></category>
		<category><![CDATA[LegalSifter]]></category>
		<category><![CDATA[Olga V. Mack]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1187203</guid>

					<description><![CDATA[<p>The future isn't about redlining faster.</p>
<p>The post <a href="https://abovethelaw.com/2026/08/cherryn-paige-bissett-says-ai-didnt-replace-lawyers-it-repriced-judgment/">Cherryn-Paige Bissett Says AI Didn&#8217;t Replace Lawyers. It Repriced Judgment.</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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										<content:encoded><![CDATA[
<figure class="wp-block-image alignright"><img loading="lazy" decoding="async" width="6000" height="4000" src="https://abovethelaw.com/wp-content/uploads/sites/4/2018/10/GettyImages-851956480.jpg" alt="" class="wp-image-73211" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2018/10/GettyImages-851956480.jpg 6000w, https://abovethelaw.com/wp-content/uploads/sites/4/2018/10/GettyImages-851956480-300x200.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2018/10/GettyImages-851956480-620x413.jpg 620w" sizes="auto, (max-width: 6000px) 100vw, 6000px" /><figcaption class="wp-element-caption">(Image via Getty)</figcaption></figure>



<p class="wp-block-paragraph">For the past two years, the legal industry has been obsessed with one question: Will AI replace lawyers?</p>



<p class="wp-block-paragraph">I think we&#8217;re asking the wrong question.</p>



<p class="wp-block-paragraph">The better question is this: If AI takes over routine legal work, what becomes more valuable? That was the theme of my recent conversation with Cherryn-Paige Bissett, commercial counsel at LegalSifter, on &#8220;Notes to My (Legal) Self.&#8221; What emerged wasn&#8217;t another discussion about prompts, copilots, or whether AI can draft a better indemnity clause. It was a conversation about judgment. More specifically, why judgment may become the most valuable skill an in-house lawyer can bring to the business.</p>



<figure class="wp-block-embed is-type-video is-provider-youtube wp-block-embed-youtube"><div class="wp-block-embed__wrapper">
<iframe loading="lazy" title="Automate the 80% Own the 20% (Cherryn-Paige Bissett) Notes To My Legal Self S14E9" width="500" height="281" src="https://www.youtube.com/embed/6VkO6c_pUfg?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>
</div></figure>



<p class="wp-block-paragraph">Cherryn has a simple phrase that captures the shift: &#8220;Automate the 80%, own the 20%.&#8221; At first, it sounds like another catchy AI slogan. The longer we talked, the more I realized it&#8217;s actually a blueprint for the future of in-house legal.</p>



<p class="wp-block-paragraph"><strong>AI Isn&#8217;t The Decision Maker</strong></p>



<p class="wp-block-paragraph">Legal teams often describe AI as a way to work faster. That&#8217;s true, but speed alone isn&#8217;t the destination. Speed only matters if it creates space for better decisions.</p>



<p class="wp-block-paragraph">As Cherryn explained, &#8220;There is a large portion that the AI can just blanketly apply our positions to. What it can&#8217;t do is &#8230; look at what are the actual parameters of the deal, what are the nuances of the deal, and why is it important to the business to get it done.&#8221; That distinction is easy to overlook, yet it changes everything.</p>



<p class="wp-block-paragraph">For years, lawyers built value by knowing the language of contracts. AI is increasingly capable of reading that language, comparing it against playbooks, identifying deviations, and suggesting revisions. Those tasks are becoming operational. The scarce resource is no longer the ability to process legal language. It&#8217;s the ability to decide what actually matters.</p>



<p class="wp-block-paragraph"><strong>The Future Belongs To Lawyers Who Understand The Business</strong></p>



<p class="wp-block-paragraph">One idea kept surfacing throughout our conversation. Great commercial lawyers don&#8217;t begin with the contract. They begin with the business.</p>



<p class="wp-block-paragraph">Cherryn repeatedly returned to balancing legal, operational, and commercial considerations. Those aren&#8217;t separate conversations. They&#8217;re the same conversation viewed through different lenses. A clause that looks risky in isolation may be perfectly acceptable once you understand the customer, the strategic value of the deal, the competitive landscape, or the company&#8217;s risk tolerance.</p>



<p class="wp-block-paragraph">As she put it, &#8220;You have to understand what your business needs are and what your business risk appetite is.&#8221; That sounds obvious, but many legal teams still spend disproportionate energy refining language while spending too little time understanding why the business is pursuing the deal in the first place.</p>



<p class="wp-block-paragraph">The best in-house lawyers have always acted as business advisors. AI raises the bar. It pushes lawyers further away from document editing and closer to business decision-making.</p>



<p class="wp-block-paragraph"><strong>Stop Negotiating Noise</strong></p>



<p class="wp-block-paragraph">One phrase from Cherryn deserves to enter every legal department&#8217;s vocabulary: &#8220;contract noise.&#8221;</p>



<p class="wp-block-paragraph">She described how AI can remove the repetitive work by identifying what deserves attention instead of encouraging lawyers to rewrite every sentence. &#8220;It cuts through the contract noise,&#8221; she said. &#8220;It identifies the areas that you actually need to focus on.&#8221;</p>



<p class="wp-block-paragraph">That observation struck me because I see a similar pattern through TermScout&#8217;s benchmarking work. Contracts often accumulate rounds of revisions that create activity without meaningfully changing business outcomes. Lawyers negotiate wording because it&#8217;s there to negotiate, not because it materially changes the allocation of risk.</p>



<p class="wp-block-paragraph">We&#8217;ve all seen deals delayed over changes that make almost no practical difference. Those discussions consume time, frustrate customers, and reinforce the stereotype that legal slows everything down.</p>



<p class="wp-block-paragraph">The future isn&#8217;t about redlining faster. It&#8217;s about recognizing which redlines actually matter.</p>



<p class="wp-block-paragraph"><strong>Judgment Is Becoming The Premium Skill</strong></p>



<p class="wp-block-paragraph">One of my favorite moments came when we discussed limitation of liability provisions. AI can apply your preferred position every time. That isn&#8217;t difficult.</p>



<p class="wp-block-paragraph">The difficult part begins when the other side pushes back.</p>



<p class="wp-block-paragraph">Now someone has to decide whether the deal should move forward anyway. Someone has to weigh the strategic value of the customer, the likelihood of the risk, the commercial implications, and the alternatives available. That&#8217;s not a drafting exercise. That&#8217;s judgment.</p>



<p class="wp-block-paragraph">Cherryn offered a practical framework that I suspect many experienced commercial lawyers already use instinctively. She said she distinguishes between what is merely possible and what is actually probable. &#8220;If it&#8217;s possible but not probable, then it&#8217;s something that I will most likely let go. If it&#8217;s something that&#8217;s actually a real possibility, then it&#8217;s something that I&#8217;m going to take more seriously.&#8221;</p>



<p class="wp-block-paragraph">That&#8217;s exactly the type of thinking AI cannot automate. It requires context, experience, and understanding of how the business actually operates.</p>



<p class="wp-block-paragraph"><strong>Better Systems Create Better Lawyers</strong></p>



<p class="wp-block-paragraph">One part of our conversation that particularly resonated with me wasn&#8217;t about AI at all. It was about systems.</p>



<p class="wp-block-paragraph">Cherryn shared an example of creating a simple contract primer explaining how LegalSifter&#8217;s product works, how customer data flows through the platform, and who owns which intellectual property. The goal wasn&#8217;t to write better contract language. The goal was to eliminate unnecessary negotiations before they even started.</p>



<p class="wp-block-paragraph">That idea reflects a broader shift happening across legal departments. Increasingly, the competitive advantage won&#8217;t come from having smarter lawyers. It will come from building smarter legal systems.</p>



<p class="wp-block-paragraph">Playbooks. Standard positions. Better communication. AI-assisted review. Internal education. Benchmarking. Operational discipline.</p>



<p class="wp-block-paragraph">Individually, none of those ideas are revolutionary. Together, they transform how legal supports the business.</p>



<p class="wp-block-paragraph"><strong>AI Doesn&#8217;t Replace Lawyers. It Changes What Makes Them Valuable.</strong></p>



<p class="wp-block-paragraph">The legal profession has always evolved alongside technology. Email replaced fax machines. Electronic signatures replaced overnight courier packages. Contract lifecycle management replaced shared drives. AI is another step in that progression, although a much bigger one.</p>



<p class="wp-block-paragraph">The lawyers who thrive won&#8217;t be the ones who resist automation. They will be the ones who automate everything that should be automated so they can invest more of their energy where it creates the greatest value.</p>



<p class="wp-block-paragraph">Cherryn put it well when she encouraged lawyers not to fear AI. Instead, she urged them to &#8220;implement the small steps one step at a time&#8221; so they can spend their time &#8220;focusing on the strategic outcomes of a deal &#8230; as opposed to simply focusing on the sentence structure of a particular clause.&#8221;</p>



<p class="wp-block-paragraph">I couldn&#8217;t agree more.</p>



<p class="wp-block-paragraph">The future of in-house legal won&#8217;t be defined by who writes the best contracts. AI will continue narrowing that gap.</p>



<p class="wp-block-paragraph">It will be defined by who makes the best decisions.</p>



<p class="wp-block-paragraph">And that is work worth owning.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p class="wp-block-paragraph"><strong><em>Olga V. Mack is the CEO of TermScout, where she builds legal systems that make contracts faster to understand, easier to operate, and more trustworthy in real business conditions. Her work focuses on how legal rules allocate power, manage risk, and shape decisions under uncertainty.</em></strong> <strong><em>A serial CEO and former General Counsel, Olga previously led a legal technology company through acquisition by LexisNexis. She teaches at Berkeley Law and is a Fellow at CodeX, the Stanford Center for Legal Informatics.</em></strong> <strong><em>She has authored several books on legal innovation and technology, delivered six TEDx talks, and her insights regularly appear in Forbes, Bloomberg Law, VentureBeat, TechCrunch, and Above the Law. Her work treats law as essential infrastructure, designed for how organizations actually operate.</em></strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/08/cherryn-paige-bissett-says-ai-didnt-replace-lawyers-it-repriced-judgment/">Cherryn-Paige Bissett Says AI Didn&#8217;t Replace Lawyers. It Repriced Judgment.</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Bunker Ballroom Blocked</title>
		<link>https://abovethelaw.com/2026/08/bunker-ballroom-blocked/</link>
					<comments>https://abovethelaw.com/2026/08/bunker-ballroom-blocked/#respond</comments>
		
		<dc:creator><![CDATA[Liz Dye and Andrew Torrez]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 14:49:33 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Breaking Government]]></category>
		<category><![CDATA[Donald Trump]]></category>
		<category><![CDATA[Trump Ballroom]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189580</guid>

					<description><![CDATA[<p>BOOM</p>
<p>The post <a href="https://abovethelaw.com/2026/08/bunker-ballroom-blocked/">Bunker Ballroom Blocked</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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										<content:encoded><![CDATA[
<p class="wp-block-paragraph">Trump has given America so many gifts! An “American Flag Blue” reflecting pool so clear you could swim in it. A state fair packed with luminaries like Dean Cain to celebrate the nation’s semiquincentennial. A giant arch that would make Reich Minister Albert Speer blush. And soon, a beautiful bunker ballroom where the White House’s East Wing once stood. All funded by private donations, at no cost to the taxpayer!</p>



<p class="wp-block-paragraph">Or he <em>would</em> bless us with these bounties, if evil activist judges would quit getting in his way.</p>



<h2 class="wp-block-heading">Droning on and on</h2>



<p class="wp-block-paragraph">The latest setback came Friday, courtesy of Judges Patricia Millett and Brad Garcia, appointed to the DC Circuit by “Barack Hussein Obama” and “Sleepy Joe Biden.” Over the dissent of “Highly Respected Judge, Neomi Rao” [sic], the three-judge panel affirmed the district court’s order blocking above-grade construction of Trump’s 90,000-square-foot Mar-a-Lago replica.</p>



<p class="wp-block-paragraph">Naturally, Trump spent the weekend posting AI slop of the ballroom’s roof captioned “Drone Port.&#8221;</p>



<figure class="wp-block-image"><img loading="lazy" decoding="async" width="1058" height="1130" src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/droneport.jpg" alt="" class="wp-image-1189597" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/droneport.jpg 1058w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/droneport-281x300.jpg 281w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/droneport-959x1024.jpg 959w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/droneport-768x820.jpg 768w" sizes="auto, (max-width: 1058px) 100vw, 1058px" /></figure>



<p class="wp-block-paragraph">Tanker trucks on the roof are confusing, but the law here is not. Congress has delegated limited powers to the President for the “care, maintenance, repair, alternation, refurnishing, improvement, air-conditioning, heating, and lighting (including electric power and fixtures) of the Executive Residence at the White House” pursuant to <a target="_blank" rel="noreferrer noopener" href="https://www.law.cornell.edu/uscode/text/3/105">3 U.S.C. § 105(d)</a>. That’s why no one’s suing Trump over the <a target="_blank" rel="noreferrer noopener" href="https://nymag.com/intelligencer/article/trump-gold-sign-west-wing.html">tacky gold shit</a> he keeps stapling to the walls at the White House. But under <a target="_blank" rel="noreferrer noopener" href="https://www.law.cornell.edu/uscode/text/40/8106">40 U.S.C. § 8106</a>, “A building or structure shall not be erected on any reservation, park, or public grounds of the Federal Government in the District of Columbia without express authority of Congress.” A gigantic ballroom is obviously a “building or structure,” and Congress has not expressly authorized Trump and pals to build one in President’s Park.</p>



<p class="wp-block-paragraph">This is likely why Trump was cagey about his plans, promising in July of 2025 that any “renovations” would “pay total respect” to the existing structure of the East Wing. Then in October, before anyone could rush into court to stop him, Trump knocked down the entire East Wing and <a target="_blank" rel="noreferrer noopener" href="https://www.theguardian.com/us-news/2026/may/05/trump-ballroom-rubble-toxic-metals-dc-golf-course">dumped</a> the rubble at East Potomac Golf Course — another target of his “beautification” rampage.</p>



<p class="wp-block-paragraph">He repeatedly insists that “the desperately needed, and totally secure Ballroom&#8230; is a Gift from President Trump and Great Patriots of the United States of America. There will be no expense to the American Taxpayer.” In reality, he’s already <a target="_blank" rel="noreferrer noopener" href="https://www.theguardian.com/us-news/2026/jun/18/trump-secret-service-white-house-ballroom">grabbed</a> $352 million in funds designated for the Secret Service — more than a tenth of the agency’s budget — to build his ballroom. The <a target="_blank" rel="noreferrer noopener" href="https://www.washingtonpost.com/investigations/2026/06/16/records-reveal-600m-estimate-trumps-ballroom-project-with-half-taxpayers/">New York Times</a> now puts the total cost at $600 million, with more than half of it coming from public money. (So much for the gift.)</p>



<h2 class="wp-block-heading">Today blinis, tomorrow bunkers</h2>



<p class="wp-block-paragraph">In December 2025, the National Trust for Historic Preservation <a target="_blank" rel="noreferrer noopener" href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287645/gov.uscourts.dcd.287645.1.0_4.pdf">sued</a> to block construction, arguing the project violated the Administrative Procedure Act (APA) because Trump never secured Congressional approval as required by § 8106. Initially, the Justice Department argued that the APA did not apply, since construction was being run by the Office of the Executive Residence (EXR), rather than the National Park Service (NPS).</p>



<p class="wp-block-paragraph">EXR’s job is to oversee floral arrangements and canapés at the White House, not major construction. But unlike the National Park Service, EXR is not a federal agency, and so it cannot be held to answer under the APA. Clearly the administration hoped to evade judicial review by parking this illegal construction inside the White House, and at first it actually worked. On February 26, U.S. District Judge Richard Leon <a target="_blank" rel="noreferrer noopener" href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287645/gov.uscourts.dcd.287645.47.0_1.pdf">denied</a> the Trust’s first motion for preliminary injunction, holding that EXR cannot be sued under the APA. But Judge Leon also laid out a very clear roadmap for the Trust to get what it wanted.</p>



<p class="wp-block-paragraph">“Unfortunately for Plaintiff, its challenge fails because the White House office in question is not an ‘agency’ under the APA and because Plaintiff did not bring the ultra vires claim necessary to challenge the President&#8217;s statutory authority to complete his construction project with private funds and without congressional approval!” he wrote. <em>Hint, hint</em>.</p>



<p class="wp-block-paragraph">Five days later, the Trust <a target="_blank" rel="noreferrer noopener" href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287645/gov.uscourts.dcd.287645.50.0_2.pdf">amended its complaint</a> to add an <em>ultra vires</em> claim, and on March 31, Judge Leon <a target="_blank" rel="noreferrer noopener" href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287645/gov.uscourts.dcd.287645.60.0_3.pdf">granted</a> their renewed request for an injunction. “The President of the United States is the steward of the White House for future generations of First Families. He is not, however, the owner!” he wrote.</p>



<p class="wp-block-paragraph">Judge Leon mocked the government’s fallback theory that building Trump’s ballroom was a permissible “renovation” authorized by 3 U.S.C. § 105(d), noting that such an interpretation would give the President functionally limitless power. “Under Defendants’ reading, virtually any change to the White House could be framed as an ‘alteration’ or ‘improvement,’” he scoffed. “Indeed, some might even view tearing down the White House and building a modern skyscraper in its place as an ‘improvement.’” Indeed!</p>



<p class="wp-block-paragraph">The government <a target="_blank" rel="noreferrer noopener" href="https://www.courtlistener.com/docket/73239730/national-trust-for-historic-preservation-v-nps/?order_by=desc">immediately appealed</a> the injunction. But then, in late April, a disturbed man breached the first layer of security at the White House Correspondents’ Dinner in an attempt to assassinate the president. Not wanting to let a good crisis go to waste, the Trump administration howled that this incident demonstrated the desperate need for the ballroom, accusing the plaintiffs of trying to get the president killed. Never mind that, even it if were appropriate to hold the WHCD at the White House, the event would be far too large for Trump’s planned ballroom,</p>



<p class="wp-block-paragraph">The DOJ filed a truly deranged <a target="_blank" rel="noreferrer noopener" href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.287645/gov.uscourts.dcd.287645.79.0_3.pdf">motion for an indicative ruling</a>, demanding that Judge Leon announce that he would tear up the injunction if the government hadn’t yanked it away from him by filing an appeal. The motion, which was signed by the newly-confirmed Attorney General Todd Blanche, as well as senior DOJ officials Stan Woodward and Trent McCotter, refers to the National Trust’s name as “FAKE,” accuses the Trust of “Trump Derangement Syndrome,” and repeats the false claim that the ballroom is “FREE OF CHARGE AS A GIFT TO THE COUNTRY.” The motion was so wildly inappropriate that former White House Counsel Gregory Craig, who represents the Trust, suggested Rule 11 sanctions might be in order.</p>



<p class="wp-block-paragraph">On top of the intemperate language, the motion floated the brand new claim that the underground bunker and the ballroom were so “knitted, unified, and cohesive” that halting construction of one necessarily stopped the other. This is exactly the opposite of what the government told the court in January, when it swore that underground construction could proceed without locking in the above-grade architecture.</p>



<p class="wp-block-paragraph">Unsurprisingly, Judge Leon declined to grant the government’s request.</p>



<h2 class="wp-block-heading">Reductio ad absurdum</h2>



<p class="wp-block-paragraph">Because Trump has no authority to rebuild the White House without Congressional approval, the DOJ has leaned hard into to standing as a means to defeat this case. It sneers contemptuously that architectural historian Alison Hoagland, the individual plaintiff through whom the Trust claims aesthetic injury, is merely “a single person who walks her dog in the vicinity of the White House.”</p>



<p class="wp-block-paragraph">In fact, aesthetic standing is a well-established doctrine that has been around for decades. And, as Judge Millett pointed out in her <a target="_blank" rel="noreferrer noopener" href="https://media.cadc.uscourts.gov/opinions/docs/2026/08/26-5123-2187096.pdf">opinion</a> affirming the injunction, this “cramped standing theory would deem no one injured by a decision to raze the Statue of Liberty, to obscure the names on the Vietnam War Memorial, or to install a political billboard atop Mount Rushmore.”</p>



<p class="wp-block-paragraph">She agreed with Judge Leon that the “care, maintenance, repair, alteration, refurnishing, improvement, air-conditioning, heating, and lighting” referred to in § 105(d) refers to ordinary maintenance and upkeep, not demolishing an entire structure and building a new one in its place. And so, barring intervention by the Supreme Court, Judge Leon’s injunction will hold. The administration is free to continue work on the underground bunker and other measures it deems necessary to Trump’s personal security, but can’t erect his temple of tackiness.</p>



<p class="wp-block-paragraph">Naturally Trump vented his spleen on social media.</p>



<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="1024" height="920" src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/Screenshot-2026-08-09-at-10.11.27-PM-1024x920.png" alt="" class="wp-image-1189581" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/Screenshot-2026-08-09-at-10.11.27-PM-1024x920.png 1024w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/Screenshot-2026-08-09-at-10.11.27-PM-300x270.png 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/Screenshot-2026-08-09-at-10.11.27-PM-768x690.png 768w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/Screenshot-2026-08-09-at-10.11.27-PM.png 1066w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /></figure>



<p class="wp-block-paragraph">“We are not tenants,” he whined, inventing an alternate history in which his predecessors routinely took a wrecking ball to the White House without Congressional approval.</p>



<p class="wp-block-paragraph">But of course, the White House belongs to the American people, not the president, and Congress gets to decide what happens to it. Everyone currently living there, drone ports and all, is just renting.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p class="wp-block-paragraph"><em><strong><a href="https://bsky.app/profile/lizdye.bsky.social" target="_blank" rel="noreferrer noopener">Liz Dye</a>&nbsp;produces the Law and Chaos&nbsp;<a href="https://www.lawandchaospod.com/" target="_blank" rel="noreferrer noopener">Substack&nbsp;</a>and&nbsp;<a href="https://podcasts.apple.com/us/podcast/law-and-chaos/id1727769913" target="_blank" rel="noreferrer noopener">podcast</a>.</strong></em>&nbsp;<em><strong>You can subscribe by clicking the logo:</strong></em></p>



<figure class="wp-block-image"><a href="https://www.lawandchaospod.com/" target="_blank" rel="noreferrer noopener"><img loading="lazy" decoding="async" width="300" height="153" src="https://abovethelaw.com/wp-content/uploads/sites/4/2025/06/law-and-chaos-logo-liz-dye-300x153.jpg" alt="" class="wp-image-1163974" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2025/06/law-and-chaos-logo-liz-dye-300x153.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2025/06/law-and-chaos-logo-liz-dye.jpg 714w" sizes="auto, (max-width: 300px) 100vw, 300px" /></a></figure>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/08/bunker-ballroom-blocked/">Bunker Ballroom Blocked</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Moderna Gets FDA Approval For mRNA Flu Vaccine, But CDC Input Still Uncertain</title>
		<link>https://medcitynews.com/2026/08/moderna-flu-vaccine-fda-approval-mflusiva-acip-cdc-mrna/</link>
					<comments>https://medcitynews.com/2026/08/moderna-flu-vaccine-fda-approval-mflusiva-acip-cdc-mrna/#respond</comments>
		
		<dc:creator><![CDATA[Frank Vinluan - MedCity News]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 14:04:00 +0000</pubDate>
				<category><![CDATA[Health Care / Medicine]]></category>
		<category><![CDATA[ATL Health]]></category>
		<category><![CDATA[Healthcare Docket]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189487</guid>

					<description><![CDATA[<p>A recommendation from a Centers for Disease Control and Prevention advisory committee is key for payer coverage, and that committee has not met all year due to ongoing litigation.</p>
<p>The post <a href="https://medcitynews.com/2026/08/moderna-flu-vaccine-fda-approval-mflusiva-acip-cdc-mrna/">Moderna Gets FDA Approval For mRNA Flu Vaccine, But CDC Input Still Uncertain</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The post <a href="https://medcitynews.com/2026/08/moderna-flu-vaccine-fda-approval-mflusiva-acip-cdc-mrna/">Moderna Gets FDA Approval For mRNA Flu Vaccine, But CDC Input Still Uncertain</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></content:encoded>
					
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		<title>Morning Docket: 08.10.26</title>
		<link>https://abovethelaw.com/2026/08/morning-docket-08-10-26/</link>
					<comments>https://abovethelaw.com/2026/08/morning-docket-08-10-26/#respond</comments>
		
		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Mon, 10 Aug 2026 13:00:37 +0000</pubDate>
				<category><![CDATA[Morning Docket]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189584</guid>

					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p>* Todd Blanche confirmed as Attorney General in the middle of the night. [<a href="https://www.npr.org/2026/08/08/g-s1-137631/senate-confirms-todd-blanche-attorney-general">NPR</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* President's son-in-law intended to destroy villages to build luxury property on stolen Albanian land he bought from suspected gang lord. We are running out of unique English sentences so fast. [<a href="https://www.wsj.com/world/europe/jared-kushner-albania-shehu-drug-investigation-95391263?st=1232P9">WSJ</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Fake US Attorney Bill Essayli hires his former senior aide into the office despite facing jail time over battery and grand theft charges. Only the best people in this administration. [<a href="https://news.bloomberglaw.com/us-law-week/top-la-prosecutor-essayli-hires-ally-with-multiple-arrests">Bloomberg Law News</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Trump judge decides she can't see anything vindictive about Justice Department's prosecution of Southern Poverty Law Center for paying informants to infiltrate hate groups. [<a href="https://www.cbsnews.com/news/southern-poverty-law-center-seeks-dismissal-criminal-charges-vindictive/">CBS News</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Investigation launching into Jeanine Pirro's ultimately fruitless Reflecting Pool prosecution. [<a href="https://newrepublic.com/article/214121/trump-reflecting-pool-fiasco-get-even-worse">The New Republic</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Author of "How to Kill A Federal Judge" convicted for... threatening a federal judge. How ironic. [<a href="https://www.reuters.com/legal/government/how-kill-federal-judge-author-convicted-threatening-us-judges-2026-08-07/">Reuters</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Harvey raising another $500 million. [<a href="https://www.theinformation.com/articles/harvey-talks-raise-funding-15-5-billion-valuation">The Information</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Trump tries to fire Lisa Cook again. [<a href="https://www.law360.com/articles/2511236">Law360</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Judge Judy's son now has a court show. [<a href="https://www.abajournal.com/news/article/snark-alert-its-showtime-for-judge-judys-son-adam">ABA Journal</a>]</p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/08/morning-docket-08-10-26/">Morning Docket: 08.10.26</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">* Todd Blanche confirmed as Attorney General in the middle of the night. [<a href="https://www.npr.org/2026/08/08/g-s1-137631/senate-confirms-todd-blanche-attorney-general">NPR</a>]</p>



<p class="wp-block-paragraph">* President&#8217;s son-in-law intended to destroy villages to build luxury property on stolen Albanian land he bought from suspected gang lord. We are running out of unique English sentences so fast. [<a href="https://www.wsj.com/world/europe/jared-kushner-albania-shehu-drug-investigation-95391263?st=1232P9">WSJ</a>]</p>



<p class="wp-block-paragraph">* Fake US Attorney Bill Essayli hires his former senior aide into the office despite facing jail time over battery and grand theft charges. Only the best people in this administration. [<a href="https://news.bloomberglaw.com/us-law-week/top-la-prosecutor-essayli-hires-ally-with-multiple-arrests">Bloomberg Law News</a>]</p>



<p class="wp-block-paragraph">* Trump judge decides she can&#8217;t see anything vindictive about Justice Department&#8217;s prosecution of Southern Poverty Law Center for paying informants to infiltrate hate groups. [<a href="https://www.cbsnews.com/news/southern-poverty-law-center-seeks-dismissal-criminal-charges-vindictive/">CBS News</a>]</p>



<p class="wp-block-paragraph">* Investigation launching into Jeanine Pirro&#8217;s ultimately fruitless Reflecting Pool prosecution. [<a href="https://newrepublic.com/article/214121/trump-reflecting-pool-fiasco-get-even-worse">The New Republic</a>]</p>



<p class="wp-block-paragraph">* Author of &#8220;How to Kill A Federal Judge&#8221; convicted for&#8230; threatening a federal judge. How ironic. [<a href="https://www.reuters.com/legal/government/how-kill-federal-judge-author-convicted-threatening-us-judges-2026-08-07/">Reuters</a>]</p>



<p class="wp-block-paragraph">* Harvey raising another $500 million. [<a href="https://www.theinformation.com/articles/harvey-talks-raise-funding-15-5-billion-valuation">The Information</a>]</p>



<p class="wp-block-paragraph">* Trump tries to fire Lisa Cook again. [<a href="https://www.law360.com/articles/2511236">Law360</a>]</p>



<p class="wp-block-paragraph">* Judge Judy&#8217;s son now has a court show. [<a href="https://www.abajournal.com/news/article/snark-alert-its-showtime-for-judge-judys-son-adam">ABA Journal</a>]</p>
<p>The post <a href="https://abovethelaw.com/2026/08/morning-docket-08-10-26/">Morning Docket: 08.10.26</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Trump Rewrites Supreme Court Loss As A Win — See Generally</title>
		<link>https://abovethelaw.com/2026/08/trump-rewrites-supreme-court-loss-as-a-win-see-generally/</link>
					<comments>https://abovethelaw.com/2026/08/trump-rewrites-supreme-court-loss-as-a-win-see-generally/#respond</comments>
		
		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Sun, 09 Aug 2026 23:28:47 +0000</pubDate>
				<category><![CDATA[See Also]]></category>
		<category><![CDATA[See Generally]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189576</guid>

					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p><strong>Just When You Thought The Paul Weiss Surrender Couldn't Get Worse:</strong> <a href="https://abovethelaw.com/2026/08/did-paul-weiss-partners-seriously-debate-running-the-firms-business-past-stephen-miller/">The New York Times dug into the first Biglaw capitulation and it's even more cowardly than we thought. Dropping a client to keep the administration happy and internally considering running management decisions by Stephen Miller.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>And Then This:</strong> <a href="https://abovethelaw.com/2026/08/paul-weisss-multimillion-dollar-secret-deal-to-get-its-first-openly-trans-partner-out-of-the-firm/">The same report also claims Paul Weiss paid its first openly transgender partner $3.5 million for a non-disparagement agreement as they parted ways.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Til Disgorgement Do Us Part:</strong> <a href="https://abovethelaw.com/2026/08/the-biglaw-partner-federal-judge-romance-scandal-has-a-15-million-ending/">Jackson Walker will pay $15 million to end the U.S. Trustee's suit over its former partner's undisclosed romance with the bankruptcy judge hearing her cases.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Just Pretend You Won:</strong> <a href="https://abovethelaw.com/2026/08/trump-issues-new-birthright-citizenship-orders-in-direct-defiance-of-supreme-court/">After raging over his loss in the birthright citizenship case, Trump issued new executive orders asserting that he actually won.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Reflecting Poorly:</strong> <a href="https://abovethelaw.com/2026/08/donald-trump-likely-to-fire-jeanine-pirro-for-having-one-foot-in-reality/">Jeanine Pirro dropped the vandalism case against a 67-year-old former Olympian after the Interior Department finally turned over documents showing that a $14 million renovation had simply been botched, and the president has spent the days since complaining about her.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Lateral Thinking, In Bulk:</strong> <a href="https://abovethelaw.com/2026/08/biglaw-firm-goes-even-bigger-with-largest-group-hire-in-firm-history/">Brown Rudnick picked off a massive lawyer intellectual property litigation team from HSF Kramer, the largest group hire in the firm's history, and opened a Silicon Valley office to put them in.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Too Big To Hire:</strong> <a href="https://abovethelaw.com/2026/08/biglaw-is-now-the-largest-employer-of-new-law-grads/">Firms of more than 500 lawyers are now the single largest employer of new law graduates, taking more than one in five members of the Class of 2025.</a> <a href="https://abovethelaw.com/2026/08/biglaw-is-bigger-than-ever-but-its-associate-classes-are-getting-smaller/">Those same firms hired 7.5 percent fewer of them than the year before, the first drop in Biglaw entry-level hiring since 2014.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Come Early, Stay Late:</strong> <a href="https://abovethelaw.com/2026/08/milbank-is-so-busy-its-letting-its-incoming-associates-start-early-again/">Milbank is offering its incoming first-years the chance to start three weeks ahead of schedule on the strength of "exceptionally strong client demand."</a></p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/08/trump-rewrites-supreme-court-loss-as-a-win-see-generally/">Trump Rewrites Supreme Court Loss As A Win &#8212; See Generally</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph"><strong>Just Pretend You Won:</strong> <a href="https://abovethelaw.com/2026/08/trump-issues-new-birthright-citizenship-orders-in-direct-defiance-of-supreme-court/">After raging over his loss in the birthright citizenship case, Trump issued new executive orders asserting that he actually won.</a></p>



<p class="wp-block-paragraph"><strong>Just When You Thought The Paul Weiss Surrender Couldn&#8217;t Get Worse:</strong> <a href="https://abovethelaw.com/2026/08/did-paul-weiss-partners-seriously-debate-running-the-firms-business-past-stephen-miller/">The New York Times dug into the first Biglaw capitulation and it&#8217;s even more cowardly than we thought. Dropping a client to keep the administration happy and internally considering running management decisions by Stephen Miller.</a></p>



<p class="wp-block-paragraph"><strong>And Then This:</strong> <a href="https://abovethelaw.com/2026/08/paul-weisss-multimillion-dollar-secret-deal-to-get-its-first-openly-trans-partner-out-of-the-firm/">The same report also claims Paul Weiss paid its first openly transgender partner $3.5 million for a non-disparagement agreement as they parted ways.</a></p>



<p class="wp-block-paragraph"><strong>Til Disgorgement Do Us Part:</strong> <a href="https://abovethelaw.com/2026/08/the-biglaw-partner-federal-judge-romance-scandal-has-a-15-million-ending/">Jackson Walker will pay $15 million to end the U.S. Trustee&#8217;s suit over its former partner&#8217;s undisclosed romance with the bankruptcy judge hearing her cases.</a></p>



<p class="wp-block-paragraph"><strong>Reflecting Poorly:</strong> <a href="https://abovethelaw.com/2026/08/donald-trump-likely-to-fire-jeanine-pirro-for-having-one-foot-in-reality/">Jeanine Pirro dropped the vandalism case against a 67-year-old former Olympian after the Interior Department finally turned over documents showing that a $14 million renovation had simply been botched, and the president has spent the days since complaining about her.</a></p>



<p class="wp-block-paragraph"><strong>Lateral Thinking, In Bulk:</strong> <a href="https://abovethelaw.com/2026/08/biglaw-firm-goes-even-bigger-with-largest-group-hire-in-firm-history/">Brown Rudnick picked off a massive lawyer intellectual property litigation team from HSF Kramer, the largest group hire in the firm&#8217;s history, and opened a Silicon Valley office to put them in.</a></p>



<p class="wp-block-paragraph"><strong>Too Big To Hire:</strong> <a href="https://abovethelaw.com/2026/08/biglaw-is-now-the-largest-employer-of-new-law-grads/">Firms of more than 500 lawyers are now the single largest employer of new law graduates, taking more than one in five members of the Class of 2025.</a> <a href="https://abovethelaw.com/2026/08/biglaw-is-bigger-than-ever-but-its-associate-classes-are-getting-smaller/">Those same firms hired 7.5 percent fewer of them than the year before, the first drop in Biglaw entry-level hiring since 2014.</a></p>



<p class="wp-block-paragraph"><strong>Come Early, Stay Late:</strong> <a href="https://abovethelaw.com/2026/08/milbank-is-so-busy-its-letting-its-incoming-associates-start-early-again/">Milbank is offering its incoming first-years the chance to start three weeks ahead of schedule on the strength of &#8220;exceptionally strong client demand.&#8221;</a></p>
<p>The post <a href="https://abovethelaw.com/2026/08/trump-rewrites-supreme-court-loss-as-a-win-see-generally/">Trump Rewrites Supreme Court Loss As A Win &#8212; See Generally</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Losing Supreme Court Argument? No Problem! — See Also</title>
		<link>https://abovethelaw.com/2026/08/losing-supreme-court-argument-no-problem-see-also/</link>
					<comments>https://abovethelaw.com/2026/08/losing-supreme-court-argument-no-problem-see-also/#respond</comments>
		
		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Fri, 07 Aug 2026 23:33:00 +0000</pubDate>
				<category><![CDATA[See Also]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1189517</guid>

					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p><strong>When You're A Star</strong>: <a href="https://abovethelaw.com/2026/08/trump-issues-new-birthright-citizenship-orders-in-direct-defiance-of-supreme-court/">Donald Trump bitterly complained about losing the birthright citizenship cases. Yesterday, he issued executive orders asserting that he won</a>.</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Collins No. Murkowski No. McConnell Absent. Cassidy: Sure, Fine.</strong> <a href="https://abovethelaw.com/2026/08/todd-blanche-threading-the-narrowest-of-needles-for-confirmation/">Todd Blanche is going to be Attorney General of the United States. but it's closer than anyone expected.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>The Bar Exam Waiver Comes For Washington's Grads. Just Not All Of Them. </strong><a href="https://abovethelaw.com/2026/08/washington-does-mostly-right-by-students-screwed-over-by-bar-exam/">First-timers who got shut out are being waived in. The ones who ground through the broken exam are stuck with their scores.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Pay Me What You Owe Me</strong>: <a href="https://abovethelaw.com/2026/08/biglaw-is-officially-running-out-of-summer-to-announce-associate-raises/" type="link" id="https://abovethelaw.com/2026/08/biglaw-is-officially-running-out-of-summer-to-announce-associate-raises/">Raises for Biglaw associates are still MIA. Firms need to stop waiting for Cravath.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>This Is Bananas</strong>: <a href="https://abovethelaw.com/2026/08/fedsoc-co-founder-does-not-understand-how-bananas-work/">FedSoc co-founder befuddled by green bananas</a>.</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/08/losing-supreme-court-argument-no-problem-see-also/">Losing Supreme Court Argument? No Problem! &#8212; See Also</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph"><strong>When You&#8217;re A Star</strong>: <a href="https://abovethelaw.com/2026/08/trump-issues-new-birthright-citizenship-orders-in-direct-defiance-of-supreme-court/">Donald Trump bitterly complained about losing the birthright citizenship cases. Yesterday, he issued executive orders asserting that he won</a>.</p>



<p class="wp-block-paragraph"><strong>Collins No. Murkowski No. McConnell Absent. Cassidy: Sure, Fine.</strong> <a href="https://abovethelaw.com/2026/08/todd-blanche-threading-the-narrowest-of-needles-for-confirmation/">Todd Blanche is going to be Attorney General of the United States. but it&#8217;s closer than anyone expected.</a></p>



<p class="wp-block-paragraph"><strong>The Bar Exam Waiver Comes For Washington&#8217;s Grads. Just Not All Of Them. </strong><a href="https://abovethelaw.com/2026/08/washington-does-mostly-right-by-students-screwed-over-by-bar-exam/">First-timers who got shut out are being waived in. The ones who ground through the broken exam are stuck with their scores.</a></p>



<p class="wp-block-paragraph"><strong>Pay Me What You Owe Me</strong>: <a href="https://abovethelaw.com/2026/08/biglaw-is-officially-running-out-of-summer-to-announce-associate-raises/" type="link" id="https://abovethelaw.com/2026/08/biglaw-is-officially-running-out-of-summer-to-announce-associate-raises/">Raises for Biglaw associates are still MIA. Firms need to stop waiting for Cravath.</a></p>



<p class="wp-block-paragraph"><strong>This Is Bananas</strong>: <a href="https://abovethelaw.com/2026/08/fedsoc-co-founder-does-not-understand-how-bananas-work/">FedSoc co-founder befuddled by green bananas</a>.</p>



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<p>The post <a href="https://abovethelaw.com/2026/08/losing-supreme-court-argument-no-problem-see-also/">Losing Supreme Court Argument? No Problem! &#8212; See Also</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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