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		<title>NCAA Swaps Law Firms After Its Biglaw Lawyers Called Rhode Island Judge ‘Dumb’ In Email CC Disaster</title>
		<link>https://abovethelaw.com/2026/09/ncaa-swaps-law-firms-after-its-biglaw-lawyers-called-rhode-island-judge-dumb-in-email-cc-disaster/</link>
					<comments>https://abovethelaw.com/2026/09/ncaa-swaps-law-firms-after-its-biglaw-lawyers-called-rhode-island-judge-dumb-in-email-cc-disaster/#respond</comments>
		
		<dc:creator><![CDATA[Joe Patrice]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 20:16:00 +0000</pubDate>
				<category><![CDATA[Biglaw]]></category>
		<category><![CDATA[Foley & Lardner]]></category>
		<category><![CDATA[Football]]></category>
		<category><![CDATA[Holland & Knight]]></category>
		<category><![CDATA[NCAA]]></category>
		<category><![CDATA[Sports]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191251</guid>

					<description><![CDATA[<p>Calling the plaintiff 'poop man' probably didn't help either.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/ncaa-swaps-law-firms-after-its-biglaw-lawyers-called-rhode-island-judge-dumb-in-email-cc-disaster/">NCAA Swaps Law Firms After Its Biglaw Lawyers Called Rhode Island Judge &#8216;Dumb&#8217; In Email CC Disaster</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">The NCAA has suffered a lot of self-inflicted legal injuries over the years, but the entity decided it couldn&#8217;t sustain the revelation that its lawyers from Holland &amp; Knight &#8212; man, <a href="https://abovethelaw.com/2026/09/private-equity-investment-in-law-firms-floated-as-one-neat-trick-to-get-around-ethical-obligations/">two Holland &amp; Knight stories in one day!</a> &#8212; were privately dissing the judge and mocking the plaintiff&#8217;s medical conditions. So it got different lawyers.</p>



<p class="wp-block-paragraph"><a href="https://www.golocalprov.com/news/after-insulting-emails-were-unveiled-by-golocal-report-ncaa-brings-in-new-law-firm-for-ri-case">GoLocalProv</a>, the same publication that <a href="https://www.golocalprov.com/news/exclusive-ncaas-lawyer-in-legal-battle-in-ri-emails-unveil-insults-to-football-player-dumb-judge-and-players-mother">first reported</a> on the offending emails, reports that the association has installed Kate Gehl, a Foley &amp; Lardner partner working out of Milwaukee, as lead counsel in <em>Jake Picard v. National Collegiate Athletic Association</em>. Gehl&#8217;s opening assignment is to argue against a temporary restraining order in front of a judge whose intelligence her predecessors questioned.</p>



<p class="wp-block-paragraph">Not the ideal set up when inheriting a file.</p>



<p class="wp-block-paragraph"><a href="https://abovethelaw.com/2026/08/biglaw-firms-emails-casually-insult-dumb-judge-and-poop-man/">The backstory</a>, for anyone who missed it: Jake Picard, a Providence-area football player who became an All-American at Villanova before tearing his ACL five games into last season, seeks a medical hardship waiver to play this season. Villanova petitioned for that waiver on his behalf, citing the knee as well as intestinal issues. The NCAA denied it multiple times, prompting Picard to sue in Pennsylvania, where he failed to secure an injunction. At that point, he withdrew that case and refiled the same day in Rhode Island under the state&#8217;s antitrust law.</p>



<p class="wp-block-paragraph">In a world where LSU is actively signing NFL players, giving an injured player one more year at an FCS school feels like the bare minimum the NCAA could accommodate.</p>



<p class="wp-block-paragraph">Somewhere in the middle of the legal maneuvering, Holland &amp; Knight partner Taylor Askew informed the team that &#8220;the poop man cometh once more,&#8221; referencing Picard&#8217;s intestinal health and senior counsel Natalie Molz turned her attention to the plaintiff&#8217;s mother &#8212; &#8220;Mama Picard really just can&#8217;t give up her dreams for baby boy&#8221; &#8212; and then mused about litigation tactics to make the case &#8220;easier for a dumb judge in RI.&#8221;</p>



<p class="wp-block-paragraph">How did these emails see the light of day? It&#8217;s a question a lot of people have asked ever since we wrote about it. Well, <a href="https://www.wpri.com/target-12/dumb-judge-ncaa-lawyers-mocked-player-ri-judiciary-in-emails/">WPRI explains</a>:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">The email thread was forwarded as part of a message sent to Picard’s attorney, Joseph Carnevale of Providence-based Savage Law Partners LLP, who responded by telling the attorneys he would share the contents with Superior Court Judge Brian Stern, who is assigned to the case.</p>



<p class="wp-block-paragraph">“Yikes guys… do better,” Carnevale wrote to Cole, calling the email exchange “clearly indicative of the NCAA’s thoughts on all of these things.”</p>



<p class="wp-block-paragraph">“Feel free to let me know if you need recommendations for accommodations in Providence,” Carnevale added.</p>
</blockquote>



<p class="wp-block-paragraph">Recommendations. 10/10. No notes.</p>



<p class="wp-block-paragraph">For what it&#8217;s worth, the bench in question is Judge Brian Stern. If the theory was that a state trial judge in a small jurisdiction needs analysis pre-chewed and vomited into his mouth like a baby bird, the NCAA drew the wrong judge. Stern has sat on the Rhode Island Superior Court since 2009 and has run its Business Calendar since 2011, meaning he&#8217;s spent around fifteen years doing nothing but complex commercial litigation. As you might imagine, Picard&#8217;s attorneys weren&#8217;t going to let that go:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">&#8220;The unprofessional language used by the NCAA’s counsel is insulting to us, our client, and the Rhode Island Judiciary. We have the utmost faith and confidence in the Rhode Island Judiciary, which we hold in the highest regard. This case is on the Superior Court Business Calendar and pending before Judge Brian Stern. Judge Stern has served as a Director of the American College of Business Court Judges and has been, along with his colleagues on the Business Calendar, a national thought leader on business law jurisprudence. He and all Rhode Island judges deserve the respect of all who enter their courtrooms, including the NCAA’s attorneys,&#8221; said Christopher J. Fragomeni, a partner at Savage Law Partners.</p>
</blockquote>



<p class="wp-block-paragraph">Holland &amp; Knight is apparently still on the Pennsylvania matter, but the NCAA seems to have thought better of sending the firm in front of Judge Stern at this point. So they lit the &#8220;Foley-signal,&#8221; which is like the Bat-signal but nerdier. Now they&#8217;ll take over digging the NCAA out of this hole.</p>



<p class="wp-block-paragraph">As they say in football, it&#8217;s all about bench depth.</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/2026/09/ncaa-swaps-law-firms-after-its-biglaw-lawyers-called-rhode-island-judge-dumb-in-email-cc-disaster/">NCAA Swaps Law Firms After Its Biglaw Lawyers Called Rhode Island Judge &#8216;Dumb&#8217; In Email CC Disaster</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Private Equity Investment In Law Firms Floated As *One Neat Trick* To Get Around Ethical Obligations</title>
		<link>https://abovethelaw.com/2026/09/private-equity-investment-in-law-firms-floated-as-one-neat-trick-to-get-around-ethical-obligations/</link>
					<comments>https://abovethelaw.com/2026/09/private-equity-investment-in-law-firms-floated-as-one-neat-trick-to-get-around-ethical-obligations/#respond</comments>
		
		<dc:creator><![CDATA[Joe Patrice]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 19:44:00 +0000</pubDate>
				<category><![CDATA[Biglaw]]></category>
		<category><![CDATA[Holland & Knight]]></category>
		<category><![CDATA[Legal Ethics]]></category>
		<category><![CDATA[Private Equity]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191241</guid>

					<description><![CDATA[<p>Non-competes for lawyers violate ethical rules. What this presupposes is... what if they didn't?</p>
<p>The post <a href="https://abovethelaw.com/2026/09/private-equity-investment-in-law-firms-floated-as-one-neat-trick-to-get-around-ethical-obligations/">Private Equity Investment In Law Firms Floated As *One Neat Trick* To Get Around Ethical Obligations</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">Private equity circles the legal profession like a vulture. <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/">Even elite law firms are reportedly taking meetings</a> and while none of them appear ready to <a href="https://abovethelaw.com/2026/05/biglaw-partners-arent-ready-to-hand-over-the-keys-to-private-equity-just-yet/">hand the keys over to private equity yet</a>, the fact that they&#8217;re even taking meetings means the idea cleared the first round of speedbumps. People charging $2000/hr don&#8217;t waste time discussing some banker&#8217;s pitchdeck unless they&#8217;re already seriously thinking about it. </p>



<p class="wp-block-paragraph">Why would a law firm agree to sell off a stake to private equity? The elephant squatting in that room is artificial intelligence, a costly investment in any case, and even more so if it&#8217;s the sort of firm interested in <a href="https://news.bloomberglaw.com/business-and-practice/kirkland-ellis-investing-500-million-to-build-ai-platform">building its own bespoke AI model</a>. Private equity can inject a lot of cash for big capital investments, and that industry sees legal as a lucrative business to enter.</p>



<p class="wp-block-paragraph">The problem for private equity is that we have ethical rules preventing non-lawyers from owning law firms. When entities unbound by the professional rules of lawyers take financial stakes in the success of a law firm, it gives at least the appearance of the firm <em>as a business</em> having obligations beyond those owed to the client and the profession. </p>



<p class="wp-block-paragraph">Undeterred, private equity has a workaround. Instead of buying a direct stake in the firm as is, the business would bifurcate and the lawyers would sit in a wholly lawyer-owned practice of law entity, while all the administrative and back-office work would become a spinoff entity owned by private equity. This &#8220;managed services organization&#8221; (MSO) would then collect fees for providing all the business of law services to the law firm while taking all those expenses off the law firm&#8217;s direct books in exchange for a big payday. It&#8217;s how private equity took over dentistry. </p>



<p class="wp-block-paragraph">And, depending on the terms, it may not be the worst thing in the world! There are efficiencies to be gained in back office operations and lawyers might not be the optimal people to manage that. On the other hand, bifurcating businesses and paying fees to transfer wealth from Peter to Paul is what hastened the destruction of Red Lobster 1.0. All this is to say that I&#8217;m not entirely opposed to private equity investment, as long as lawyers approach it cautiously and with a clear eyed understanding of ethical obligations.</p>



<p class="wp-block-paragraph">But yesterday, I read about another proposed advantage for private equity that made me say, out loud, &#8220;oh, hell no&#8221; even though absolutely no one else was in the room. </p>



<p class="wp-block-paragraph"><a href="https://getinfodash.com/">Infodash</a> CEO Ted Theodoropoulos &#8212; always a great resource on legal tech and the industry by the way &#8212; posted an interesting conversation <a href="https://legalinnovationspotlight.com/">on his blog</a> with a pair of Holland &amp; Knight attorneys who have become the experts on law firm MSO deals. In his LinkedIn post describing the episode, he included one nugget that threw me:</p>



<figure class="wp-block-image aligncenter size-full is-resized"><a href="https://www.linkedin.com/feed/update/urn:li:activity:7500889024673427456/"><img fetchpriority="high" decoding="async" width="958" height="734" src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Screenshot-2026-09-03-at-12.12.30-PM.png" alt="" class="wp-image-1191242" style="aspect-ratio:1.3052008649140776;width:502px;height:auto" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Screenshot-2026-09-03-at-12.12.30-PM.png 958w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Screenshot-2026-09-03-at-12.12.30-PM-300x230.png 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Screenshot-2026-09-03-at-12.12.30-PM-768x588.png 768w" sizes="(max-width: 958px) 100vw, 958px" /></a></figure>



<p class="wp-block-paragraph">I repeat: oh, hell no. </p>



<p class="wp-block-paragraph">For clarity, this is the exact quote: &#8220;It can help with retention. If an equity partner at a law firm has equity in the law firm, they can leave whenever they want. If they have equity in the MSO, the MSO has more latitude around, for example, non-competes, and tying lawyers up that way.&#8221; On the podcast, both lawyers explain that every deal they work on complies with ethical rules and there&#8217;s no reason to doubt that. But if you&#8217;re inventing whole new business structures to get around the letter of an ethical rule, then you&#8217;re very much in breach of the spirit. </p>



<p class="wp-block-paragraph">This was an off-the-cuff conversation, so maybe there&#8217;s more nuance to this. But on the four corners of the podcast &#8212; we&#8217;ll stick with that analogy &#8212; this would seem to be a selling point that at least some firms are getting from private equity, and of all the reasons to go down that road, it&#8217;s a troubling one.</p>



<p class="wp-block-paragraph">Non-competition agreements are a vile employment practice designed to trap workers in undesirable arrangements. For lawyers, the consequences are worse. A lawyer who can&#8217;t freely port their client to the most advantageous platform is at least potentially constrained from doing right by their client. Conflicts can block clients from having the lawyer of their choice. It&#8217;s just bad news all around.</p>



<p class="wp-block-paragraph"><a href="https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_6_restrictions_on_rights_to_practice/">Rule 5.6</a> could not be more clear on this:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">A lawyer shall not participate in offering or making:</p>



<p class="wp-block-paragraph">(a) a partnership, shareholders, operating, employment, or other similar type of agreement that restricts the right of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or</p>



<p class="wp-block-paragraph">(b) an agreement in which a restriction on the lawyer&#8217;s right to practice is part of the settlement of a client controversy.</p>
</blockquote>



<p class="wp-block-paragraph">Law firms can already employ shady tactics to steal away books of business by building institutional ties designed to entangle clients even if the original relationship partner departs. But making them sign non-compete agreements, otherwise barred by Rule 5.6, by putting on a different hat takes it to a new level.</p>



<p class="wp-block-paragraph">And, frankly, if the MSO non-compete functionally prevents a lawyer from enjoying their freedom to move their legal business, it <em>should</em> be a violation of Rule 5.6 anyway. &#8220;Restricts&#8221; is, one could argue, intentionally broad.</p>



<p class="wp-block-paragraph">It would be one thing to say &#8212; as proponents of MSOs would &#8212; that lawyers with stakes in the MSO would be incentivized to stay in ways that pure firm equity couldn&#8217;t match. MSOs can use the business side of a firm to open new revenue streams that might be sufficiently attractive to a lawyer to keep them on with a firm they might otherwise not love. There are perfectly fine reasons to adopt an MSO model. </p>



<p class="wp-block-paragraph">But to raise the spectre of non-competes for lawyers? As a selling point for a firm to gain asymmetrical power over your flow of lateral talent?</p>



<p class="wp-block-paragraph">That&#8217;s worrying no matter what caveats come with it.</p>



<p class="wp-block-paragraph"><strong>Earlier</strong>: <a href="https://abovethelaw.com/2026/08/private-equity-found-a-law-firm-that-said-yes/">Private Equity Found A Law Firm That Said Yes</a><br><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’t Have Enough Money</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’t Ready To Hand Over The Keys To Private Equity Just Yet</a><br><br></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/2026/09/private-equity-investment-in-law-firms-floated-as-one-neat-trick-to-get-around-ethical-obligations/">Private Equity Investment In Law Firms Floated As *One Neat Trick* To Get Around Ethical Obligations</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Willkie Elevates Legal Work With Lexis+ With Protégé</title>
		<link>https://abovethelaw.com/2026/09/willkie-elevates-legal-work-with-lexis-with-protege/</link>
					<comments>https://abovethelaw.com/2026/09/willkie-elevates-legal-work-with-lexis-with-protege/#respond</comments>
		
		<dc:creator><![CDATA[lfaubert]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 19:09:00 +0000</pubDate>
				<category><![CDATA[Sponsored Content]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[AI]]></category>
		<category><![CDATA[AI Legal Beat]]></category>
		<category><![CDATA[Artificial Intelligence (AI)]]></category>
		<category><![CDATA[Lexis / LexisNexis]]></category>
		<category><![CDATA[LexisNexis / Lexis-Nexis]]></category>
		<category><![CDATA[Willkie]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191143</guid>

					<description><![CDATA[<p>[Sponsored] Willkie AI and Innovation leader Todd Friedlich spoke to LexisNexis about firm’s thoughtful approach to legal AI</p>
<p>The post <a href="https://abovethelaw.com/2026/09/willkie-elevates-legal-work-with-lexis-with-protege/">Willkie Elevates Legal Work With Lexis+ With Protégé</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="1024" height="139" src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/ln-willkie-newsroom-1024x139.png" alt="" class="wp-image-1190814" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/ln-willkie-newsroom-1024x139.png 1024w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/ln-willkie-newsroom-300x41.png 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/ln-willkie-newsroom-768x104.png 768w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/ln-willkie-newsroom.png 1310w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /></figure>



<p class="wp-block-paragraph">When Willkie Farr &amp; Gallagher LLP, a leading international law firm, made the decision to adopt legal AI, it knew building the right foundation would be key to a successful rollout. The firm first built Wendell Intelligence, its in-house AI orchestration platform, before choosing&nbsp;<a href="https://bit.ly/4zEFRV8">Lexis+<sup>®</sup>&nbsp;with Protégé™</a>&nbsp;and adopting the solution firmwide as part of its broader strategy for grounded, human-centered AI.</p>



<p class="wp-block-paragraph">“Our attorneys have long been fans of the entire Lexis platform,” said Todd Friedlich, Director of AI &amp; Innovation at Willkie. “So, when the opportunity arose to partner with LexisNexis on the integration of the Protégé APIs and the full Lexis+ stack, we saw tremendous potential.”</p>



<p class="wp-block-paragraph">Friedlich has spent more than two decades in legal technology, starting with early knowledge management systems, and building toward the AI-driven workflows Willkie is developing today. His approach to AI adoption is anchored in the conviction that new technologies must be deeply integrated into everyday use to deliver true value.</p>



<p class="wp-block-paragraph">“Innovation without adoption is really just theory,” he noted. “We can buy and build the most incredible tools imaginable, but if the attorneys and staff aren’t using them, it’s just a waste of time and money.”</p>



<p class="wp-block-paragraph">Central to Willkie’s AI philosophy is the principle of grounded legal data. In a practice environment where accuracy and verifiability are non-negotiable, the firm has been deliberate about ensuring every AI-generated response connects to authoritative, reviewable sources. This is where the integration of Lexis+ with Protégé plays a key role, giving attorneys fast access to legal content they can trust and cite.</p>



<p class="wp-block-paragraph">“Grounding the data within our generative AI tools is of the utmost importance to Willkie,” said Friedlich. “It’s how we ensure our answers are based on current law and authoritative documents. Our attorneys know every answer they receive must include a citation that they can actually click through, review the underlying document, review the source, and vet the accuracy of the information themselves.”</p>



<p class="wp-block-paragraph">With the integration of Lexis+ with Protégé into Wendell, legal data requests are routed directly to Protégé, which identifies the best source across the Lexis content library to answer each question. The result is a more seamless experience for attorneys, who no longer need to move between separate systems to gather and verify information.</p>



<p class="wp-block-paragraph">“By ensuring our attorneys have access to tools like Lexis+ with Protégé, we can simplify the process of exposing grounded information to them,” Friedlich added. “We’re no longer requiring them to go to separate data systems and gather that information and then enter them into some other AI to provide an answer.”</p>



<p class="wp-block-paragraph">Willkie’s growing use of AI workflows, including applications in due diligence and deposition analysis, standardizes best practices and reduces variability in how attorneys engage with AI tools, part of the firm’s broader commitment to human-centered AI: freeing attorneys from repetitive tasks so they can focus their time and experience where it matters most.</p>



<p class="wp-block-paragraph">“We’re creating automated workflows that improve the quality of life for our associates and partners,” Friedlich continued. “It’s not just about saying, ‘Here’s a tool to automate a document.’ It’s about identifying and automating the simple tasks that don’t deliver significant value to clients and bring little joy to our attorneys. We’re eager to build processes that make our lives and our work better.”</p>



<p class="wp-block-paragraph"><a href="https://bit.ly/4cez1Mc">The Willkie case study</a>&nbsp;underscores LexisNexis&#8217; ongoing effort to partner with law firms to approach AI thoughtfully, with a focus on trusted content, attorney confidence, and real-world results.</p>



<figure class="wp-block-video"><video height="720" style="aspect-ratio: 1280 / 720;" width="1280" controls src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/08/LexisNexis-Willkie-Farr-Video-720p-1.mp4"></video></figure>



<p class="wp-block-paragraph">Read the case study and watch the video testimonial:&nbsp;<a href="https://bit.ly/4cez1Mc">Willkie LexisNexis partnership</a>.</p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/09/willkie-elevates-legal-work-with-lexis-with-protege/">Willkie Elevates Legal Work With Lexis+ With Protégé</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>What World Cup Coaches Can Teach Lawyers About Building A Book Of Business</title>
		<link>https://abovethelaw.com/2026/09/what-world-cup-coaches-can-teach-lawyers-about-building-a-book-of-business/</link>
					<comments>https://abovethelaw.com/2026/09/what-world-cup-coaches-can-teach-lawyers-about-building-a-book-of-business/#respond</comments>
		
		<dc:creator><![CDATA[Steve Fretzin]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 18:16:00 +0000</pubDate>
				<category><![CDATA[Midsize Firms / Regional Firms]]></category>
		<category><![CDATA[Small Law Firms]]></category>
		<category><![CDATA[Business development]]></category>
		<category><![CDATA[Steve Fretzin]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191184</guid>

					<description><![CDATA[<p>Five ways legal business development coaching helps lawyers identify their gaps, create a strategic plan, improve performance, and build a stronger book of business.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/what-world-cup-coaches-can-teach-lawyers-about-building-a-book-of-business/">What World Cup Coaches Can Teach Lawyers About Building A Book Of Business</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">The World Cup has reminded me why I love football.</p>



<p class="wp-block-paragraph">Not American football. The game the rest of the world calls football.</p>



<p class="wp-block-paragraph">After weeks of watching extraordinary players, brilliant coaches, and unforgettable matches, I am already wishing I could watch this level of competition year-round. The talent is incredible, but talent alone does not explain why certain teams consistently perform at the highest level.</p>



<p class="wp-block-paragraph">Behind every successful team is a coach who evaluates the players, develops the strategy, makes adjustments, and keeps everyone moving toward the same goal.</p>



<p class="wp-block-paragraph">The parallels to legal business development are hard to miss.</p>



<p class="wp-block-paragraph">Many lawyers believe that hiring a coach means paying someone to motivate them or hold them accountable. Those things matter, but they represent only a small part of effective coaching.</p>



<p class="wp-block-paragraph">A great coach changes how a player prepares, performs, evaluates results, and improves. The same is true for lawyers who want to build a substantial book of business.</p>



<p class="wp-block-paragraph">Here are five ways the right business development coach can change the game.</p>



<p class="wp-block-paragraph"><strong>1. Identifying the Gaps</strong></p>



<p class="wp-block-paragraph">Before a football coach can develop a player, the coach needs to understand what that player brings to the field.</p>



<p class="wp-block-paragraph">What are the player’s strengths? Where are the weaknesses? What experience do they have? How can their natural abilities best serve the team?</p>



<p class="wp-block-paragraph">Legal business development coaching should begin the same way.</p>



<p class="wp-block-paragraph">Before developing a strategy, I evaluate the lawyer’s current relationships, reputation, network, communication skills, time management, activities, and goals. I also look at what they have already tried and why those efforts have or have not produced results.</p>



<p class="wp-block-paragraph">In about 30 minutes, I can usually identify the primary gaps standing between a lawyer and the next level of their practice.</p>



<p class="wp-block-paragraph">Sometimes the issue is time management or lack of focus. Sometimes it is poor targeting, inconsistent follow-up, ineffective messaging, or an inability to convert relationships into opportunities. In many cases, the lawyer has significantly more potential than they realize. They simply do not have the business development systems, skills, or structure to access it.</p>



<p class="wp-block-paragraph">The evaluation tells us where the player is starting. Commitment and execution determine how far that player can go.</p>



<p class="wp-block-paragraph"><strong>2. Building a Winning Game Plan</strong></p>



<p class="wp-block-paragraph">No World Cup team walks onto the field without a strategy.</p>



<p class="wp-block-paragraph">Coaches study the opponent, select the lineup, assign responsibilities, and determine how the team will attack and defend. The plan may change during the game, but the players begin with a clear understanding of what they are trying to accomplish.</p>



<p class="wp-block-paragraph">Most lawyers do not have anything resembling that level of preparation for business development.</p>



<p class="wp-block-paragraph">They attend events, schedule lunches, post on LinkedIn, and reconnect with old contacts. While those activities may be useful, they are often disconnected from a larger strategy.</p>



<p class="wp-block-paragraph">Every lawyer I coach develops a clear business development plan, a tracking system, and what I describe as a personal GPS. They know which relationships to prioritize, what activities deserve their time, and what actions should move those relationships forward.</p>



<p class="wp-block-paragraph">A strong plan also tells us when someone has gotten off track. Rather than losing six months to random activity, we can quickly identify the problem, adjust the route, and continue moving toward the goal.</p>



<p class="wp-block-paragraph"><strong>3. Reviewing the Game Tape</strong></p>



<p class="wp-block-paragraph">Every serious sports team review game film.</p>



<p class="wp-block-paragraph">Players and coaches’ study what worked, what failed, and what should change before the next match. They do not rely solely on memory or assume that experience automatically creates improvement.</p>



<p class="wp-block-paragraph">Lawyers rarely do this with business development.</p>



<p class="wp-block-paragraph">They move from networking meetings to conferences to prospective client conversations without stopping to evaluate their performance. As a result, they may repeat the same mistakes for years.</p>



<p class="wp-block-paragraph">I encourage my clients to call me after an important meeting or complete one of our debriefing forms. We review what happened, what questions were asked, how the other person responded, where the conversation gained momentum, and where it may have stalled.</p>



<p class="wp-block-paragraph">That real-time feedback can be incredibly revealing.</p>



<p class="wp-block-paragraph">A lawyer may have talked too much, failed to ask an important question, missed a buying signal, or left without establishing a next step. The purpose is not to criticize the performance. It is to improve the next one.</p>



<p class="wp-block-paragraph">Experience only becomes valuable when we take the time to learn from it.</p>



<p class="wp-block-paragraph"><strong>4. Calling the Plays Before the Meeting</strong></p>



<p class="wp-block-paragraph">Coaching does not only happen after the game.</p>



<p class="wp-block-paragraph">Before a conference, pitch, networking meeting, or important client conversation, my clients frequently call to talk through their approach.</p>



<p class="wp-block-paragraph">They may already have several good ideas. I may contribute a few more. Together, we identify the strongest options and decide how they should enter the conversation.</p>



<p class="wp-block-paragraph">Who should they meet? What questions should they ask? How can they position their experience? What outcome would make the meeting successful? What should the next step be?</p>



<p class="wp-block-paragraph">This preparation can transform a routine conversation into a significant business opportunity.</p>



<p class="wp-block-paragraph">Lawyers often improvise because they are intelligent and accustomed to thinking on their feet. But preparation does not limit spontaneity. It gives the lawyer more confidence, greater focus, and better options when the conversation changes direction.</p>



<p class="wp-block-paragraph">The best players make difficult situations look natural because they prepared before stepping onto the field.</p>



<p class="wp-block-paragraph"><strong>5. Providing Support on and off the Field</strong></p>



<p class="wp-block-paragraph">The strongest coaching relationships extend beyond plans, forms, and scheduled meetings.</p>



<p class="wp-block-paragraph">When lawyers work with me over time, they know they have my complete attention. We become partners in their success, and in most cases, we become lifelong friends.</p>



<p class="wp-block-paragraph">I recently met with one of my most successful clients from 15 years ago. We spent 45 minutes strategizing about how he could finish the year strongly. He is no longer an active coaching client, but he knows I am still in his corner.</p>



<p class="wp-block-paragraph">That kind of long-term support matters.</p>



<p class="wp-block-paragraph">Building a book of business can be isolating. Lawyers face rejection, internal politics, demanding clients, unpredictable schedules, and pressure to produce immediate results. Having someone who understands the game, recognizes patterns, and provides honest feedback can help them navigate those challenges without losing momentum.</p>



<p class="wp-block-paragraph">Great coaching does not replace talent, effort, or personal responsibility. It helps bring those qualities together.</p>



<p class="wp-block-paragraph">The World Cup’s best teams do not leave performance to chance. They evaluate their players, develop a plan, review the game tape, prepare for critical moments, and provide support throughout the journey.</p>



<p class="wp-block-paragraph">Lawyers who want to build the book of their dreams should expect nothing less.</p>



<p class="wp-block-paragraph">To evaluate your legal business development potential and identify what may be holding you back, schedule a 30-minute conversation with me at <a href="https://Fretzin.com/letstalk">Fretzin.com/letstalk</a>.</p>



<p class="wp-block-paragraph">Build your book. Own your future. BE THAT LAWYER.</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/2026/09/what-world-cup-coaches-can-teach-lawyers-about-building-a-book-of-business/">What World Cup Coaches Can Teach Lawyers About Building A Book Of Business</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The Temperature In The Room Is Your Responsibility</title>
		<link>https://abovethelaw.com/2026/09/the-temperature-in-the-room-is-your-responsibility/</link>
					<comments>https://abovethelaw.com/2026/09/the-temperature-in-the-room-is-your-responsibility/#respond</comments>
		
		<dc:creator><![CDATA[Lisa Lang]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 17:18:00 +0000</pubDate>
				<category><![CDATA[In-House Counsel]]></category>
		<category><![CDATA[Attorney-Client Relationships]]></category>
		<category><![CDATA[Biglaw]]></category>
		<category><![CDATA[Lisa Lang]]></category>
		<category><![CDATA[Professionalism]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1190922</guid>

					<description><![CDATA[<p>Well-structured meetings rarely spiral into personal attacks.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-temperature-in-the-room-is-your-responsibility/">The Temperature In The Room Is Your Responsibility</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">In my prior column, <a href="https://abovethelaw.com/2026/07/patience-is-not-passive/">I wrote about patience</a>. I spent time on the idea that not every situation resolves on your timeline and that pushing too hard or too fast can do more damage than the problem you are trying to solve.</p>



<p class="wp-block-paragraph">I want to build on that idea.&nbsp;</p>



<p class="wp-block-paragraph">There is a specific moment in practice where patience matters most, and it is the moment when the other side walks into the room angry.</p>



<p class="wp-block-paragraph"><strong>Resist The Urge To Respond In Kind</strong></p>



<p class="wp-block-paragraph">You know the feeling. The email lands and the tone is aggressive. They question your motives. They accuse your organization of acting in bad faith. Your instinct is to match their energy and tone. You want to fire back. You want to show them you will not be pushed around. Here is what I have learned. When you match someone&#8217;s energy you are playing on their field. If they come in hot, they are telling you something about their position and not yours. Anger often signals fear or uncertainty. Your job is to hear the signal underneath the noise.</p>



<p class="wp-block-paragraph">If you match the heat, you do nothing but stoke a raging fire. When you take the heat out of it and respond calmly and factually, you change the dynamic entirely.</p>



<p class="wp-block-paragraph"><strong>Give Them The Floor</strong></p>



<p class="wp-block-paragraph">One of the most powerful de-escalation moves is counterintuitive. You give the other side more time to talk than you take. When people feel heard they start to shift. It does not always happen right away, but the act of being listened to changes the posture of a conversation. It moves people from adversarial to collaborative and sometimes they do not even notice it happening.</p>



<p class="wp-block-paragraph">This means structuring the conversation so they get most of the time. You prepare your remarks. You keep them tight and then you listen. You will learn more from their 45 minutes than they will learn from your five. I have been in rooms where the turning point was not something I said. It was the space I created for the other side to say what they needed to say. Once they said it, we could start working.</p>



<p class="wp-block-paragraph"><strong>Build On Their Work</strong></p>



<p class="wp-block-paragraph">When the other side puts a proposal on the table the temptation is to tear it down and start over. You want to show them how it should have been done. I would encourage you to resist that.</p>



<p class="wp-block-paragraph">Take their framework. Preserve their language where you can and add what is missing. When someone sees their own words with your additions layered in they are psychologically closer to yes than if you hand them a completely new document. I have found that the fastest path to agreement is to treat the other side&#8217;s draft as the starting point even when it is not where it needs to be. You build on it. You let them see that you took their work seriously. You then have a conversation about the gaps.</p>



<p class="wp-block-paragraph"><strong>Frame Your Ask As Their Interest</strong></p>



<p class="wp-block-paragraph">Every request you make should be something the other side can explain to their client without feeling like they lost. There is a difference between &#8220;we need this&#8221; and &#8220;this protects both of us.&#8221; There is a difference between &#8220;your draft is inadequate&#8221; and &#8220;we think adding this clarity prevents a dispute down the road.&#8221; The substance can be the same. The framing determines whether you get a yes or a fight.</p>



<p class="wp-block-paragraph">One reframing I have used goes like this. &#8220;We are not asking for something new. We are asking that this agreement not take away something that already exists.&#8221; That single sentence changed the trajectory of a negotiation. The other side stops defending and starts problem-solving.</p>



<p class="wp-block-paragraph"><strong>Structure Creates Calm</strong></p>



<p class="wp-block-paragraph">When a situation is volatile, structure is your best tool. You set an agenda. You define who speaks and when. You put time limits on the conversation. These are not bureaucratic exercises. It is scaffolding that keeps a difficult conversation from becoming an unproductive one.</p>



<p class="wp-block-paragraph">People behave differently when they know the rules of the room. An agenda tells everyone what to expect. A defined speaking order prevents the loudest voice from dominating. A time limit creates urgency without panic. I have watched disorganized meetings spiral into personal attacks. That rarely happens in a well-structured meeting.</p>



<p class="wp-block-paragraph"><strong>The Long Game</strong></p>



<p class="wp-block-paragraph">De-escalation is not about being soft. It is about being deliberate. You can be firm on substance and measured in tone. You can hold the line on what matters and still make the other side feel respected. Those two things are not in conflict.</p>



<p class="wp-block-paragraph">The agreement you reach today is not the last agreement. The opposing counsel you work with this month may be across the table again next year. The way you conduct yourself in the hard moments determines whether the next conversation starts from trust or from suspicion. You can get the right result and still leave the relationship intact. You can protect your organization and still treat the other side like professionals. That is the long game. The lawyers who play it are the ones who keep getting called back into the room.</p>



<p class="wp-block-paragraph">The temperature in the room is your responsibility. Lower it, and you will be surprised at how much gets done.</p>



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



<p class="wp-block-paragraph"><strong><em>Lisa Lang is an accomplished in-house lawyer and thought leader dedicated to empowering fellow legal professionals.&nbsp;She offers insights and resources tailored for in-house counsel through her website and blog, Why This, Not That™ (</em></strong><a href="http://www.lawyerlisalang.com/" target="_blank" rel="noreferrer noopener"><strong><em>www.lawyerlisalang.com</em></strong></a><strong><em>). Lisa actively engages with the legal community via LinkedIn, sharing her expertise and fostering meaningful connections. You can reach her at&nbsp;</em></strong><a href="mailto:lisa@lawyerlisalang.com" target="_blank" rel="noreferrer noopener"><strong><em>lisa@lawyerlisalang.com</em></strong></a><strong><em>, connect on LinkedIn (</em></strong><a href="https://www.linkedin.com/in/lawyerlisalang/" target="_blank" rel="noreferrer noopener"><strong><em>https://www.linkedin.com/in/lawyerlisalang/</em></strong></a><strong><em>).</em></strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-temperature-in-the-room-is-your-responsibility/">The Temperature In The Room Is Your Responsibility</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>California Is Coming For Lawyers Who File AI-Generated Nonsense</title>
		<link>https://abovethelaw.com/2026/09/california-is-coming-for-lawyers-who-file-ai-generated-nonsense/</link>
					<comments>https://abovethelaw.com/2026/09/california-is-coming-for-lawyers-who-file-ai-generated-nonsense/#respond</comments>
		
		<dc:creator><![CDATA[Staci Zaretsky]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 16:44:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[AI Hallucinations]]></category>
		<category><![CDATA[AI Legal Beat]]></category>
		<category><![CDATA[Artificial Intelligence (AI)]]></category>
		<category><![CDATA[California]]></category>
		<category><![CDATA[Legal Ethics]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191198</guid>

					<description><![CDATA[<p>Lawyers may soon face additional consequences for failing to check for AI hallucinations in their filings.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/california-is-coming-for-lawyers-who-file-ai-generated-nonsense/">California Is Coming For Lawyers Who File AI-Generated Nonsense</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>[Lawyers ​continue to] submit materials that have hallucinations or have some other anomaly, and they attribute it to AI, and that simply can&#8217;t ‌exist. Our ⁠system, our courts, our judiciary has to rely on the integrity of the litigants and the advocates. And if they can&#8217;t do that, everything breaks down.</strong></p>



<p class="has-large-font-size wp-block-paragraph"><strong><em><span><i style="font-weight: bold;">—</i></span> </em>California state Senator Tom Umberg, chair of the Senate Judiciary Committee, in comments given to <a href="https://www.reuters.com/legal/government/california-lawmakers-pass-bill-governing-lawyers-use-ai-2026-09-01/" type="link" id="https://www.reuters.com/legal/government/california-lawmakers-pass-bill-governing-lawyers-use-ai-2026-09-01/">Reuters</a>, concerning legislation he introduced to govern lawyers’ use of generative artificial intelligence in legal practice. Umberg said the measure &#8220;gives the courts another tool if lawyers don’t follow the law, in terms of potential sanctions.&#8221; The bill has been approved by both chambers of the California Legislature and now awaits Governor Gavin Newsom’s signature.</strong></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 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 class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/09/california-is-coming-for-lawyers-who-file-ai-generated-nonsense/">California Is Coming For Lawyers Who File AI-Generated Nonsense</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Federal Judges Just Went On The Record About Life Under Siege</title>
		<link>https://abovethelaw.com/2026/09/federal-judges-just-went-on-the-record-about-life-under-siege/</link>
					<comments>https://abovethelaw.com/2026/09/federal-judges-just-went-on-the-record-about-life-under-siege/#respond</comments>
		
		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 16:29:00 +0000</pubDate>
				<category><![CDATA[Courts]]></category>
		<category><![CDATA[Department Of Justice (DOJ)]]></category>
		<category><![CDATA[Federal Judges]]></category>
		<category><![CDATA[Threats]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191235</guid>

					<description><![CDATA[<p>A new report on threats to judicial independence reads like a field guide to a campaign we've been covering one front at a time.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/federal-judges-just-went-on-the-record-about-life-under-siege/">Federal Judges Just Went On The Record About Life Under Siege</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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<p class="wp-block-paragraph">Earlier this week, NYU Law&#8217;s Rule of Law Lab and the Berkeley Judicial Institute released <a href="https://live-nyu-law.pantheonsite.io/documents/threats-independence-federal-judiciary">Threats to the Independence of the Federal Judiciary</a>, a report built on interviews with 34 federal judges conducted between October 2025 and July 2026. It arrived alongside a <a href="https://www.brennancenter.org/media/16154/download/2026_08_judicial_safety_final.pdf">companion Brennan Center report</a> the same week in a rare, coordinated push to get judges to describe the job on the record. The top-line finding won&#8217;t shock anyone who&#8217;s watched <a href="https://abovethelaw.com/2026/07/dhs-general-counsel-names-four-federal-judges-worst-of-the-worst-as-threats-against-judiciary-hit-564/">the state of judicial safety devolved over the past few years</a>: escalating threats, intimidation, harassment, and disinformation are straining the federal bench, and it&#8217;s starting to change how the job actually gets done.</p>



<p class="wp-block-paragraph">But, as sad as it is, this is information that&#8217;s been known for a minute now. What&#8217;s noteworthy here is that judges, who almost never talk about this stuff, agreed to describe the environment on the record. Federal judges find themselves facing verbal attacks, falsehoods about the courts, and outright defiance of court orders. And the tactics are, by now, also grimly familiar. <a href="https://abovethelaw.com/2026/05/amy-coney-barrett-swatting-incident-tests-whether-anyone-cares-about-threats-to-judges-who-arent-on-scotus/">Swatting</a>. <a href="https://abovethelaw.com/2025/03/white-house-has-absolutely-unhinged-response-to-judicial-threats/">Anonymous pizzas</a> sent to judges&#8217; homes as a way of saying we know where you live, <a href="https://abovethelaw.com/2026/03/legalweeks-annual-judicial-panel-a-clear-and-present-danger-to-our-judges-and-the-rule-of-law/">some in the name</a> of Judge Esther Salas&#8217;s murdered son. Specific <a href="https://abovethelaw.com/2026/03/ill-put-a-bullet-in-your-head-the-disturbing-reality-of-being-a-judge-in-america/">death threats</a>, like Judge Ana Reyes being told she should &#8220;eat a bullet&#8221; after an immigration ruling. And the <a href="https://abovethelaw.com/2026/07/dhs-general-counsel-names-four-federal-judges-worst-of-the-worst-as-threats-against-judiciary-hit-564/">Marshals Service tally</a> keeps climbing &#8212; hundreds of threats against hundreds of judges &#8212; meanwhile the leaders of the DOJ call the victims &#8220;deranged&#8221; and &#8220;lunatics,&#8221; declare war on &#8220;rogue&#8221; judges, and, as Salas has <a href="https://abovethelaw.com/2026/03/the-silence-is-deafening-judge-esther-salas-blasts-doj-over-threats-of-judicial-intimidation/">pointed out</a>, stay conspicuously silent about the threats themselves. Retired Judge Jeremy Fogel, who runs the Berkeley Judicial Institute and contributed to the report, put none too fine a point on the importance: judges and lawyers alike have &#8220;a direct stake in an independent judiciary and in the rule of law.&#8221;</p>



<p class="wp-block-paragraph">The report&#8217;s central ask is that lawyers and bar associations, not the judges, who are constrained by their own ethics rules from mounting much of a defense, step up and publicly defend judicial independence. It&#8217;s a reasonable request and it&#8217;s also one the profession keeps flunking in real time. Just this week the Florida Bar <a href="https://abovethelaw.com/2026/09/florida-bar-hides-from-ethical-responsibilities-shrugs-as-dhs-lawyer-compares-federal-judges-to-murderers-and-rapists">couldn&#8217;t be bothered</a> to open an investigation (even with 128 former judges, scholars, and prominent practitioners signing the complaint) when a DHS lawyer branded four sitting federal judges the &#8220;worst of the worst,&#8221; using the same language his agency reserves for murderers and rapists.</p>



<p class="wp-block-paragraph">And the attacks on judges run alongside other affronts to the rule of law. There are vindictive prosecutions like the <a href="https://abovethelaw.com/2026/04/james-comey-indicted-for-playing-with-sea-shells-in-new-low-point-for-doj-integrity/">seashell indictment</a> of James Comey on the laughable <a href="https://abovethelaw.com/2026/06/doj-just-got-mossed-on-86-47-legal-theory/">86 47 theory</a>, and resulting <a href="https://abovethelaw.com/2025/11/comey-prosecution-gets-the-benchslap-treatment-because-of-course/">benchslaps</a>. <a href="https://abovethelaw.com/2026/08/an-administration-drowning-in-vindictive-prosecution-motions-would-like-to-abolish-the-category/">Recently</a>, the DOJ told the Sixth Circuit to rewrite the vindictive-prosecution doctrine so a judge could almost never apply it. And the administration has been working hard since the start of Trump 2.0 to make sure the legal profession doesn&#8217;t utter a peep when things go south &#8212; what do you think the Biglaw executive orders were truly about? That nine of the country&#8217;s most powerful firms <a href="https://abovethelaw.com/2026/07/trump-turns-on-capitulating-biglaw-firms-hahahahaha/">wrote checks</a> &#8212; roughly $940 million in pro bono work steered toward Trump-approved causes &#8212; rather than defend themselves proves a good chunk of the bar has already failed in its obligation to the rule of law when the pressure is on.</p>



<p class="wp-block-paragraph">When lawyers cave, the judges face the consequences.</p>



<p class="wp-block-paragraph"><strong>Earlier:</strong><a href="https://abovethelaw.com/2026/03/ill-put-a-bullet-in-your-head-the-disturbing-reality-of-being-a-judge-in-america/"> &#8216;I&#8217;ll Put A Bullet In Your Head&#8217;: The Disturbing Reality Of Being A Judge In America</a><br><a href="https://abovethelaw.com/2026/03/the-silence-is-deafening-judge-esther-salas-blasts-doj-over-threats-of-judicial-intimidation/">&#8216;The Silence Is Deafening&#8217;: Judge Esther Salas Blasts DOJ Over Threats Of Judicial Intimidation</a><br><a href="https://abovethelaw.com/2026/05/amy-coney-barrett-swatting-incident-tests-whether-anyone-cares-about-threats-to-judges-who-arent-on-scotus/">Amy Coney Barrett Swatting Incident Tests Whether Anyone Cares About Threats To Judges Who Aren&#8217;t On SCOTUS</a><br><a href="https://abovethelaw.com/2026/07/dhs-general-counsel-names-four-federal-judges-worst-of-the-worst-as-threats-against-judiciary-hit-564/">DHS General Counsel Names Four Federal Judges &#8216;Worst Of The Worst&#8217; As Threats Against Judiciary Hit 564</a><br><a href="https://abovethelaw.com/2026/08/an-administration-drowning-in-vindictive-prosecution-motions-would-like-to-abolish-the-category/">An Administration Drowning In Vindictive Prosecution Motions Would Like To Abolish The Category</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/2026/09/federal-judges-just-went-on-the-record-about-life-under-siege/">Federal Judges Just Went On The Record About Life Under Siege</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>From ‘Associate’ To ‘Doppelganger’: The Evolution Of The Legal AI Persona</title>
		<link>https://abovethelaw.com/2026/09/from-associate-to-doppelganger-the-evolution-of-the-legal-ai-persona/</link>
					<comments>https://abovethelaw.com/2026/09/from-associate-to-doppelganger-the-evolution-of-the-legal-ai-persona/#respond</comments>
		
		<dc:creator><![CDATA[Jeremy Barker]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 16:01:00 +0000</pubDate>
				<category><![CDATA[Legal Technology]]></category>
		<category><![CDATA[Sponsored Content]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[ILTA on ATL]]></category>
		<category><![CDATA[ILTACON]]></category>
		<category><![CDATA[Steno]]></category>
		<category><![CDATA[Steno Custom]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191041</guid>

					<description><![CDATA[<p>[Sponsored] Confronting Biglaw’s ‘snake eating its own tail’ problem.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/from-associate-to-doppelganger-the-evolution-of-the-legal-ai-persona/">From ‘Associate’ To ‘Doppelganger’: The Evolution Of The Legal AI Persona</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
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<figure class="wp-block-image aligncenter size-large"><img loading="lazy" decoding="async" width="1024" height="570" src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/IMG_9952-1024x570.jpeg" alt="" class="wp-image-1191045" style="aspect-ratio:1.7965136606563108" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/IMG_9952-1024x570.jpeg 1024w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/IMG_9952-300x167.jpeg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/IMG_9952-768x427.jpeg 768w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/IMG_9952-576x320.jpeg 576w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/IMG_9952-360x200.jpeg 360w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/IMG_9952.jpeg 1301w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /><figcaption class="wp-element-caption">“AI as a Teammate” panelists, from left, Jeff Cox of Steno, Damien Riehl of Clio, Daniel Himmel of Legora, and Nick Hafen of BYU Law School.<br></figcaption></figure>



<p class="wp-block-paragraph">If there’s one overarching takeaway from ILTACON 2026, it’s that <a href="https://abovethelaw.com/2026/08/iltacon-confirms-gradually-then-suddenly-legal-tech-became-a-big-business/" target="_blank" rel="noreferrer noopener">legal tech has hit the big time</a>.</p>



<p class="wp-block-paragraph">As Above the Law’s Stephen Embry noted, this year’s conference <a href="https://abovethelaw.com/2026/01/ces-2026-the-whole-wide-ai-world-along-with-lots-more/" target="_blank" rel="noreferrer noopener">was CES-like</a>, taking over the 700,000-square-foot Gaylord Opryland convention space in Nashville and drawing over 5,700 attendees.&nbsp;</p>



<p class="wp-block-paragraph">Along with the sheer scale of ILTACON, the event also revealed the industry’s rapid pace of change — even just over the past few months.&nbsp;</p>



<p class="wp-block-paragraph">Take a pair of panels featuring Steno, the legal tech company focused on court reporting and litigation support.</p>



<p class="wp-block-paragraph">Back in March, Steno was featured in a panel at Legalweek, and one participant — a technology professional at a major law firm — was <a href="https://abovethelaw.com/2026/03/what-even-is-ai-competence-it-depends/" target="_blank" rel="noreferrer noopener">warning attendees of a big problem</a> on the horizon.&nbsp;</p>



<p class="wp-block-paragraph">The problem, he said, was training junior lawyers, and he was worried the industry could be like “a snake eating its own tail.”&nbsp;</p>



<p class="wp-block-paragraph">That’s because of an apparent paradox: Today’s senior lawyers can vet AI outputs and apply advanced judgment to create final versions of their work product. But developing these skills requires doing the very work that is being outsourced to technology.&nbsp;</p>



<p class="wp-block-paragraph">Panelists at the Legalweek event wondered how future senior lawyers were being developed — and about the best courses of action for law firms to consider to safeguard the future of the profession.&nbsp;</p>



<p class="wp-block-paragraph">On Thursday at ILTACON, just five months later, a new Steno panel provided some detailed answers. The industry has had five months to address these types of concerns, and companies are now showing their work.&nbsp;</p>



<p class="wp-block-paragraph">Titled “AI as a Teammate: Use Cases That Drive Talent Development,” the discussion focused on ways to utilize AI tools without stymying the development of junior lawyers.&nbsp;</p>



<p class="wp-block-paragraph">For those who may be worried about the state of lawyer training, the panelists shared some reasons for optimism.&nbsp;</p>



<p class="wp-block-paragraph">One panelist wondered, for example, whether the training value of traditional lawyer tasks may be overstated.&nbsp;</p>



<p class="wp-block-paragraph">“It&#8217;s not that there&#8217;s no value in going through the paper boxes or the diligence room,” said Nick Hafen, the head of legal technology education at BYU Law School. “But once you know what a clause looks like, doing it again and again doesn&#8217;t add a lot of value to your training.”&nbsp;</p>



<p class="wp-block-paragraph">“And I think AI can concentrate and enhance that training.”&nbsp;</p>



<p class="wp-block-paragraph">Here, we share some key takeaways from Steno&#8217;s portion of the panel. </p>



<p class="wp-block-paragraph"><strong>Introducing the ‘Doppelganger’</strong></p>



<p class="wp-block-paragraph">Since the launch of generative AI, applications that create first drafts of a lawyer’s work product have been most frequently compared to junior associates when describing their function within a firm.&nbsp;</p>



<p class="wp-block-paragraph">But what if that idea were reframed? What if, instead of creating a generic “associate,” an AI tool focused on becoming a “doppelganger” of a specific lawyer you’d want to emulate?&nbsp;</p>



<p class="wp-block-paragraph">Jeff Cox, an attorney who’s the director of brand at Steno, laid out the case in detail at the ILTACON panel on Thursday. He described an approach that wasn’t 100-feet wide and 1-foot deep, but instead was 1-foot wide and 100-feet deep.&nbsp;</p>



<p class="wp-block-paragraph">“A generic AI writing system produces output calibrated against a broad model of what ‘legal writing’ looks like,” he said. “That can be useful, but it&#8217;s not what we&#8217;re talking about here.”&nbsp;</p>



<p class="wp-block-paragraph">Instead, “a ‘doppelganger’ produces output calibrated against what a specific lawyer&#8217;s legal writing actually looks like.”</p>



<p class="wp-block-paragraph">In other words, instead of trying to be all things to all people, an AI doppelganger is trained to mimic an elite lawyer — how they open an argument, how they deal with difficult facts, how they approach a concession so that it doesn’t look like a retreat.&nbsp;</p>



<p class="wp-block-paragraph">“That logic is real. It is learnable,” Cox said. “It is even teachable.”&nbsp;</p>



<p class="wp-block-paragraph"><strong>A Mentorship Boost</strong></p>



<p class="wp-block-paragraph">When it comes to training junior lawyers, the current mentorship model isn’t exactly perfect.&nbsp;</p>



<p class="wp-block-paragraph">It requires the right matter, the right assignment, and the right bandwidth. Much of it boils down to a question of access, a commodity that isn’t evenly distributed in law firms, Cox noted.</p>



<p class="wp-block-paragraph">What if, instead, the associate had a digital version of a senior partner to interact with? Cox laid out a rundown of the process:</p>



<p class="wp-block-paragraph">• The associate produces an outline or summary of research and sends it to the partner’s digital doppelganger system<br>• The system applies feedback, based on its training on the partner’s work<br>• The associate studies the response, identifying where the associate’s own instincts diverged from the doppelganger’s<br>• The associate finalizes the marked-up draft and takes it to the partner<br>• The associate enters this conversation with a hypothesis of what the partner’s feedback will be<br>• When the partner and associate meet, the conversation is far more substantive than it would be without this process in advance&nbsp;</p>



<p class="wp-block-paragraph">The effects of such a system could be profound, according to Cox.&nbsp;</p>



<p class="wp-block-paragraph">The associate enters the conversation looking to confirm a theory, rather than just submitting the associate’s version of the work product and awaiting surprise feedback. The process encourages, democratizes, and accelerates the mentorship process.</p>



<p class="wp-block-paragraph">“It compresses the feedback loop that mentorship at its best is always trying to create,” Cox said.&nbsp;</p>



<p class="wp-block-paragraph">Additionally, the digital doppelganger is always available — and available to all of the lawyers at the firm, not just the associates who work with that partner.</p>



<p class="wp-block-paragraph">“It becomes infrastructure,” Cox said, “available without competing for partner time and calendar time.”&nbsp;</p>



<p class="wp-block-paragraph"><strong>Creating the Doppelganger</strong></p>



<p class="wp-block-paragraph">At many law firms, the traditional process of finalizing a legal document is rife with inefficiencies.&nbsp;</p>



<p class="wp-block-paragraph">An associate’s draft gets redlined by a partner, often as a hard copy that’s marked up by hand. Several rounds of review or multiple reviewers can create competing drafts. Confusion, lengthy processes, and interpersonal frustrations ensue, before the final work product is ultimately sent out.&nbsp;</p>



<p class="wp-block-paragraph">It’s a process that can seem comically archaic and inefficient. But it’s also the perfect training ground for a large language model.&nbsp;</p>



<p class="wp-block-paragraph">A marked up draft reveals a lawyer’s core reasoning, which can be supplemented with analytical memos and other correspondence from that lawyer.&nbsp;</p>



<p class="wp-block-paragraph">To create the doppelganger, Cox said, you can draw on a variety of materials to show how a lawyer moves a complex matter toward its conclusion.&nbsp;</p>



<p class="wp-block-paragraph">“Why did this argument go first?” Cox said. “Why was this fact treated as background rather than foreground?”</p>



<p class="wp-block-paragraph">“Writing out the reasoning behind instructional choices attached to the work that illustrate it is what transforms the voice replica into a genuine thinking partner.”&nbsp;&nbsp;</p>



<p class="wp-block-paragraph"><strong>The Cutting Edge</strong></p>



<p class="wp-block-paragraph">Many like to joke that, when it comes to innovation, law firms are in a “race to be second.” No one wants to be an outlier in a famously risk-averse industry, but everyone does need to keep up.&nbsp;</p>



<p class="wp-block-paragraph">For law firms, there’s game-changing potential for having the judgment of an excellent lawyer encoded as baseline infrastructure, Cox said. And the time to act is now.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">“The lawyers and law firms who build this now will be practicing at a materially different level than those who wait,” Cox said. “I think the question is not whether to do it. The question is how much longer you can afford to wait.”</p>



<p class="wp-block-paragraph"><em>Interested in discussing your litigation support options with Jeff and his team? Feel free to </em><a href="https://bit.ly/4yg6LRT" target="_blank" rel="noreferrer noopener"><em>schedule a Steno demo here</em></a><em>.&nbsp;</em></p>
<p>The post <a href="https://abovethelaw.com/2026/09/from-associate-to-doppelganger-the-evolution-of-the-legal-ai-persona/">From ‘Associate’ To ‘Doppelganger’: The Evolution Of The Legal AI Persona</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>DOJ Tells Court AI Training Is Fair Use, Forgets To Mention It’s Negotiating A Stake In OpenAI</title>
		<link>https://abovethelaw.com/2026/09/doj-tells-court-ai-training-is-fair-use-forgets-to-mention-its-negotiating-a-stake-in-openai/</link>
					<comments>https://abovethelaw.com/2026/09/doj-tells-court-ai-training-is-fair-use-forgets-to-mention-its-negotiating-a-stake-in-openai/#respond</comments>
		
		<dc:creator><![CDATA[Joe Patrice]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 15:26:03 +0000</pubDate>
				<category><![CDATA[Courts]]></category>
		<category><![CDATA[AI Legal Beat]]></category>
		<category><![CDATA[Department Of Justice (DOJ)]]></category>
		<category><![CDATA[Legal Ethics]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191168</guid>

					<description><![CDATA[<p>Justice Department finally figures out that fair use exists right when it adds to the grift.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/doj-tells-court-ai-training-is-fair-use-forgets-to-mention-its-negotiating-a-stake-in-openai/">DOJ Tells Court AI Training Is Fair Use, Forgets To Mention It&#8217;s Negotiating A Stake In OpenAI</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
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<p class="wp-block-paragraph">The Justice Department <a href="FLAG-BRIEF-URL">filed a statement of interest</a> in the sprawling OpenAI copyright case, declaring the administration&#8217;s official position that training a large language model on copyrighted text amounts to fair use. From the DOJ&#8217;s perspective, it is indeed a matter of national security that authors and publications receive nothing as reams and reams of their otherwise protected material gets fed into the maw of ChatGPT to build out the weighted text-generation engine to help a high school student finish their book report.</p>



<p class="wp-block-paragraph">The brief is bad, though it stumbles toward the correct legal conclusion. Assuming OpenAI acquired the material legally &#8212; and that <a href="https://www.jurist.org/news/2026/07/judge-approves-record-1-5-billion-settlement-involving-anthropic/">hasn&#8217;t always been the case with AI training</a> &#8212; it should be fair use to train a model, with caveats for making sure the model isn&#8217;t spitting back the exact text on the back end like a copying machine. But, since we&#8217;re talking about <em>this</em> Department of Justice, this is more a case of even a corrupt clock being right twice a day.</p>



<p class="wp-block-paragraph">Remember how the administration and OpenAI have reportedly <a href="https://www.cnn.com/2026/07/02/business/openai-trump-stake-intl">discussed handing the federal government a 5 percent equity stake in the company</a>? That&#8217;s roughly $42.6 billion against the company&#8217;s $852 billion valuation. Seems pretty significant in light of the Justice Department swooping into a potentially existential legal battle. The brief opens with &#8220;The Interest Of The United States&#8221; and it runs three pages. It declines to mention the prospects of ownership.</p>



<p class="wp-block-paragraph">It does, however, get to national security real fast.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">Rules of law that make it significantly more difficult to develop a robust AI industry in the United States therefore threaten national security and give a competitive advantage to foreign adversaries who are not so encumbered.</p>
</blockquote>



<p class="wp-block-paragraph">Every AI booster loves to take a hammer to the &#8220;in case of emergency, say it&#8217;s a matter of national security&#8221; glass. There&#8217;s no denying the role AI will play in cybersecurity, but the defense of our technology infrastructure does not turn on whether a model is producing a passable tight five. This case started with stand-up comics suing over OpenAI ingesting their sets. If software developers want to fight about training on copyrighted coding that&#8217;s one thing, and it could raise genuine issues as to how &#8220;transformative&#8221; the output could possibly be given the constraints of programming languages. But to invoke national security in a case where the <em>New York Times</em> is hopping mad about purloined restaurant reviews is a joke of a stretch.</p>



<p class="wp-block-paragraph">The brief cites the <a href="https://www.whitehouse.gov/presidential-actions/2026/06/promoting-advanced-artificial-intelligence-innovation-and-security">White House cybersecurity order</a> twice about frontier model benchmarking and CISA directives. The DOJ also commits the administration to protecting &#8220;American ingenuity and intellectual property from exploitation and theft.&#8221; It will say nothing about protecting artists from exploitation and theft for the rest of the brief.</p>



<p class="wp-block-paragraph">For its claim that LLMs have delivered major research breakthroughs, the United States cites a blog post from OpenAI and a blog post from Anthropic. With all the resources of the federal government behind it, the DOJ could not be bothered to look up any independent verification of the technology&#8217;s accomplishments and went with a pair of press releases from the companies with the highest incentive to fudge on this point. </p>



<p class="wp-block-paragraph">This is eye-rollingly frustrating because the government doesn&#8217;t need to stoop to these canards to make this point. Courts have spent years taking corporate-approved bats to the fair use piñata, but copyright law includes a fair use exception for the purpose of facilitating greater creative expression. Every dispute like this loves to foreground the creative artist, but these cases rarely reward the artist as much as the mega business holding that artist&#8217;s rights. Large corporate rights-holders prefer to lock away the intellectual property interests they manage to extract more and more wealth &#8212; a drive that has reached a zenith in modern digital licensing enshittification, where no matter how much a customer spends on a book or song, the rights-holder will claim it&#8217;s merely a license that can be revoked without refund at any moment. But the framers of America&#8217;s copyright laws recognized that encouraging ingenuity requires some freedom to copy. </p>



<p class="wp-block-paragraph">To enjoy the protection of the fair use doctrine, the law considers: (1) the purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and, (4) the effect of the use upon the potential market for or value of the copyrighted work. No factor is dispositive, but they all inform a decision on whether the copying is intended to undermine the value of copyrighted work. OpenAI is a commercial enterprise &#8212; non-profit status notwithstanding &#8212; and it&#8217;s certainly copying whole works. But it&#8217;s doing so to teach an algorithm to guess at the most likely next word in the English language. </p>



<p class="wp-block-paragraph">As long as the model has guardrails against &#8220;please regurgitate one specific training text verbatim&#8221; &#8212; which is admittedly a question in this litigation &#8212; training should, in the abstract, be fair use. </p>



<p class="wp-block-paragraph">The Copyright Office reached the opposite conclusion on fair use, which the brief handles in a footnote by observing that the administration if trying to fire the head of the Copyright Office. But Trump hasn&#8217;t succeeded on that point, having lost in the D.C. Circuit, and <a href="https://news.bloomberglaw.com/ip-law/high-court-lets-stand-order-restoring-copyright-registers-job">losing again at the Supreme Court in June</a> when the justices declined to stay her reinstatement. </p>



<p class="wp-block-paragraph">The crux of the DOJ statement is that the Copyright Office and everyone arrayed against the AI companies have misunderstood the risk of substantial similarity by &#8220;conflating training (which requires copying of entire works, but no public access) with outputs (which the public may access, but which will often if not always lack substantial similarity).&#8221; Which is frustratingly correct. If the plaintiffs&#8217; can show OpenAI producing substantially similar outputs &#8212; outputs that directly copy substantial portions of copyrighted work in a way meant to undermine the market &#8212; then they should lose. But training by itself should be fair use.</p>



<p class="wp-block-paragraph">The statement&#8217;s economic argument is sharper, and half right:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">It is not in the public&#8217;s interest for the largest technology companies to have an oligopoly on LLM training due to licensing entry barriers that function primarily as large subsidies for old mainstream media companies.</p>
</blockquote>



<p class="wp-block-paragraph">It is not in the public&#8217;s interest for the largest technology companies to have an oligopoly&#8230; period. </p>



<p class="wp-block-paragraph">The risk of paying licensing fees isn&#8217;t the issue. We&#8217;ve got an oligopoly because of compute and capital expenditures. Stripping content costs out of the model doesn&#8217;t open the door to mom-and-pop LLM labs, it removes a line item from the balance sheets of the existing oligopoly. </p>



<p class="wp-block-paragraph">Reading should be fair use. Publishers don&#8217;t like this because they&#8217;ve spent the last several years trying to squeeze more and more out of controlling access to their content, but if a company acquires it legally, it should be able to absorb the information for the purpose of teaching a computer how words work. Again. provided the company acquired it legitimately in the first place. </p>



<p class="wp-block-paragraph">Going after AI for training rests on the worldview that all art is on loan. No one can buy a book, they just rent a revocable right to read it. That approach is doing more to stifle the creative arts than any algorithmic training exercise. </p>



<p class="wp-block-paragraph">And it&#8217;s already generating absurdities. There&#8217;s a social media uproar over AI companies destroying rare books in the training process. Except the only reason they&#8217;re doing this is that, under <em>Bartz</em>, the tech companies were basically told that gingerly copying a book and returning it to circulation could not be fair use, but that buying a print book, shearing off the spine, scanning it, and pulping the pages would be fair use because one copy replaced one copy. Keeping the book would have been two copies, after all! So Anthropic bought millions of used books and <a href="https://arstechnica.com/ai/2025/06/anthropic-destroyed-millions-of-print-books-to-build-its-ai-models/">ran them through hydraulic cutters</a>, out-of-print and hard-to-find titles <a href="https://www.theglobeandmail.com/opinion/article-ai-companies-destroying-books-anthropic/">included</a>. Destroying rare books should not be the cost of protecting the intellectual property rights of rent-seekers. </p>



<p class="wp-block-paragraph">What sucks about this DOJ statement is not that it&#8217;s wrong, but that it&#8217;s a cynical, selective intervention for corrupt purposes. The government should be seeking to beef up fair use generally and forging statutory responses to end burdensome digital licensing regimes. Instead, they parachute in to one case solely to offer a financial giveaway to a multibillion dollar company that they intend to take a financial stake in.</p>



<p class="wp-block-paragraph">Again, corrupt clocks are right twice a day.</p>



<p class="wp-block-paragraph"><em>(Statement on the next page&#8230;)</em></p>



<p class="wp-block-paragraph"><strong>Earlier</strong>: <a href="https://abovethelaw.com/2025/06/two-judges-same-district-opposite-conclusions-the-messy-reality-of-ai-training-copyright-cases/">Two Judges, Same District, Opposite Conclusions: The Messy Reality Of AI Training Copyright Cases</a><br><a href="https://abovethelaw.com/2025/12/trump-ai-regulation-order-hallucinates-more-fake-law-than-any-ai/">Trump AI Regulation Order Hallucinates More Fake Law Than Any AI</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><br /><p>The post <a href="https://abovethelaw.com/2026/09/doj-tells-court-ai-training-is-fair-use-forgets-to-mention-its-negotiating-a-stake-in-openai/">DOJ Tells Court AI Training Is Fair Use, Forgets To Mention It&#8217;s Negotiating A Stake In OpenAI</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>HHS Provides $77M In Grants For Substance Use Prevention, Mental Health</title>
		<link>https://medcitynews.com/2026/09/hhs-provides-77m-in-grants-for-substance-use-prevention-mental-health/</link>
					<comments>https://medcitynews.com/2026/09/hhs-provides-77m-in-grants-for-substance-use-prevention-mental-health/#respond</comments>
		
		<dc:creator><![CDATA[Marissa Plescia - MedCity News]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 14:04:00 +0000</pubDate>
				<category><![CDATA[Health Care / Medicine]]></category>
		<category><![CDATA[ATL Health]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191180</guid>

					<description><![CDATA[<p>HHS awarded $77 million in SAMHSA grants for substance use prevention and treatment, mental health, suicide prevention, and crisis services.</p>
<p>The post <a href="https://medcitynews.com/2026/09/hhs-provides-77m-in-grants-for-substance-use-prevention-mental-health/">HHS Provides $77M In Grants For Substance Use Prevention, Mental Health</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/2026/09/hhs-provides-77m-in-grants-for-substance-use-prevention-mental-health/">HHS Provides $77M In Grants For Substance Use Prevention, Mental Health</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Morning Docket: 09.03.26</title>
		<link>https://abovethelaw.com/2026/09/morning-docket-09-03-26/</link>
					<comments>https://abovethelaw.com/2026/09/morning-docket-09-03-26/#respond</comments>
		
		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Thu, 03 Sep 2026 12:53:00 +0000</pubDate>
				<category><![CDATA[Morning Docket]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191201</guid>

					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p>* Wachtell report for the NBA ends up sinking the Clippers, who will lose $30 million and lose 5 first-round picks. Wachtell, <a href="https://x.com/MikeVorkunov/status/2095278657182802147?s=20">according to The Athletic reporter Mike Vorkunov</a>, charged $50 million for the investigation. [<a href="https://www.nytimes.com/athletic/7513882/2026/09/02/clippers-kawhi-leonard-punishment-fine-suspensions-nba-investigation/">NY Times/The Athletic</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Judge blocks Trump's <a href="https://abovethelaw.com/2026/08/trump-issues-new-birthright-citizenship-orders-in-direct-defiance-of-supreme-court/">revised birthright citizenship order</a> pointing out, "The Supreme Court has spoken." [<a href="https://www.notus.org/trump-white-house/federal-court-blocks-trump-executive-order-birthright-citizenship">NOTUS</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Lawyer sanctioned for sending dick pic to opposition. [<a href="https://www.charlotteobserver.com/news/local/article317100914.html?taid=6a9868da271c1300017e5cb7&#38;utm_campaign=trueanthem&#38;utm_medium=trueanthem&#38;utm_source=twitter">Charlotte Observer</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Report urges lawyers and bar associations to defend judges. Meanwhile, the Florida Bar tells judges that they should <a href="https://abovethelaw.com/2026/09/florida-bar-hides-from-ethical-responsibilities-shrugs-as-dhs-lawyer-compares-federal-judges-to-murderers-and-rapists/">just get comfortable being threatened</a>. [<a href="https://www.abajournal.com/news/article/lawyers-should-defend-judicial-independence-report-says">ABA Journal</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Attorney accused in $1.45 million Ponzi scheme. [<a href="https://www.expressnews.com/business/article/david-thomas-gilchrist-ponzi-sec-san-antonio-22414062.php">San Antonio Express-News</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* ABA issues new rules for advising clients with cognitive impairments. [<a href="https://www.law360.com/pulse/dc-pulse/articles/2520840">Law360</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Second Circuit sides with Starbucks in banning employees from wearing union pins. [<a href="https://www.claimsjournal.com/news/national/2026/09/03/339940.htm">Claims Journal</a>]</p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/09/morning-docket-09-03-26/">Morning Docket: 09.03.26</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">* Wachtell report for the NBA ends up sinking the Clippers, who will lose $30 million and lose 5 first-round picks. Wachtell, <a href="https://x.com/MikeVorkunov/status/2095278657182802147?s=20">according to The Athletic reporter Mike Vorkunov</a>, charged $50 million for the investigation. [<a href="https://www.nytimes.com/athletic/7513882/2026/09/02/clippers-kawhi-leonard-punishment-fine-suspensions-nba-investigation/">NY Times/The Athletic</a>]</p>



<p class="wp-block-paragraph">* Judge blocks Trump&#8217;s <a href="https://abovethelaw.com/2026/08/trump-issues-new-birthright-citizenship-orders-in-direct-defiance-of-supreme-court/">revised birthright citizenship order</a> pointing out, &#8220;The Supreme Court has spoken.&#8221; [<a href="https://www.notus.org/trump-white-house/federal-court-blocks-trump-executive-order-birthright-citizenship">NOTUS</a>]</p>



<p class="wp-block-paragraph">* Lawyer sanctioned for sending dick pic to opposition. [<a href="https://www.charlotteobserver.com/news/local/article317100914.html?taid=6a9868da271c1300017e5cb7&amp;utm_campaign=trueanthem&amp;utm_medium=trueanthem&amp;utm_source=twitter">Charlotte Observer</a>]</p>



<p class="wp-block-paragraph">* Report urges lawyers and bar associations to defend judges. Meanwhile, the Florida Bar tells judges that they should <a href="https://abovethelaw.com/2026/09/florida-bar-hides-from-ethical-responsibilities-shrugs-as-dhs-lawyer-compares-federal-judges-to-murderers-and-rapists/">just get comfortable being threatened</a>. [<a href="https://www.abajournal.com/news/article/lawyers-should-defend-judicial-independence-report-says">ABA Journal</a>]</p>



<p class="wp-block-paragraph">* Attorney accused in $1.45 million Ponzi scheme. [<a href="https://www.expressnews.com/business/article/david-thomas-gilchrist-ponzi-sec-san-antonio-22414062.php">San Antonio Express-News</a>]</p>



<p class="wp-block-paragraph">* ABA issues new rules for advising clients with cognitive impairments. [<a href="https://www.law360.com/pulse/dc-pulse/articles/2520840">Law360</a>]</p>



<p class="wp-block-paragraph">* Second Circuit sides with Starbucks in banning employees from wearing union pins. [<a href="https://www.claimsjournal.com/news/national/2026/09/03/339940.htm">Claims Journal</a>]</p>
<p>The post <a href="https://abovethelaw.com/2026/09/morning-docket-09-03-26/">Morning Docket: 09.03.26</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Remember Who Your Clients Are — See Also</title>
		<link>https://abovethelaw.com/2026/09/remember-who-your-clients-are-see-also/</link>
					<comments>https://abovethelaw.com/2026/09/remember-who-your-clients-are-see-also/#respond</comments>
		
		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 23:32:00 +0000</pubDate>
				<category><![CDATA[See Also]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191123</guid>

					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p><strong>Representation Fail</strong>: <a href="https://abovethelaw.com/2026/09/bankruptcy-lawyer-out-after-firm-accused-of-working-for-the-wrong-client/">Bankruptcy filing accused firm of representing the estate while really working for the guy who put it in bankruptcy. Now the partner involved has vanished from the firm's website</a>.</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Finally, A Milbank Match!</strong> <a href="https://abovethelaw.com/2026/09/boutique-law-firm-steps-up-with-milbank-raises-as-biglaw-stays-put/">But of course, it’s coming from another boutique. Biglaw is still waiting for Cravath.</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Guess Which Law School Produces The Most Law Professors?</strong> <a href="https://abovethelaw.com/2026/09/want-to-become-a-law-professor-these-law-schools-offer-the-best-odds/">Actually, you probably don’t need to guess…</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Florida Being Florida</strong>: <a href="https://abovethelaw.com/2026/09/florida-bar-hides-from-ethical-responsibilities-shrugs-as-dhs-lawyer-compares-federal-judges-to-murderers-and-rapists/">The Florida Bar displayed its cowardice again, refusing to investigate the general counsel of the DHS after social media posts where he called federal judges his office litigated in front of the "Worst of the Worst."</a></p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Sean Duffy Got Transportation Secretary Because It Was 'All That's Left,' Says His Wife: </strong><a href="https://abovethelaw.com/2026/09/sean-duffys-wife-just-told-everyone-where-he-sits-in-the-maga-pecking-order/">The former prosecutor's exact rank in Trump's Cabinet, brought to you by 'The Katie Miller Podcast.'</a></p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/09/remember-who-your-clients-are-see-also/">Remember Who Your Clients Are &#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>Representation Fail</strong>: <a href="https://abovethelaw.com/2026/09/bankruptcy-lawyer-out-after-firm-accused-of-working-for-the-wrong-client/">Bankruptcy filing accused firm of representing the estate while really working for the guy who put it in bankruptcy. Now the partner involved has vanished from the firm&#8217;s website</a>.</p>



<p class="wp-block-paragraph"><strong>Finally, A Milbank Match!</strong> <a href="https://abovethelaw.com/2026/09/boutique-law-firm-steps-up-with-milbank-raises-as-biglaw-stays-put/">But of course, it’s coming from another boutique. Biglaw is still waiting for Cravath.</a></p>



<p class="wp-block-paragraph"><strong>Guess Which Law School Produces The Most Law Professors?</strong> <a href="https://abovethelaw.com/2026/09/want-to-become-a-law-professor-these-law-schools-offer-the-best-odds/">Actually, you probably don’t need to guess…</a></p>



<p class="wp-block-paragraph"><strong>Florida Being Florida</strong>: <a href="https://abovethelaw.com/2026/09/florida-bar-hides-from-ethical-responsibilities-shrugs-as-dhs-lawyer-compares-federal-judges-to-murderers-and-rapists/">The Florida Bar displayed its cowardice again, refusing to investigate the general counsel of the DHS after social media posts where he called federal judges his office litigated in front of the &#8220;Worst of the Worst.&#8221;</a></p>



<p class="wp-block-paragraph"><strong>Sean Duffy Got Transportation Secretary Because It Was &#8216;All That&#8217;s Left,&#8217; Says His Wife: </strong><a href="https://abovethelaw.com/2026/09/sean-duffys-wife-just-told-everyone-where-he-sits-in-the-maga-pecking-order/">The former prosecutor&#8217;s exact rank in Trump&#8217;s Cabinet, brought to you by &#8216;The Katie Miller Podcast.&#8217;</a></p>
<p>The post <a href="https://abovethelaw.com/2026/09/remember-who-your-clients-are-see-also/">Remember Who Your Clients Are &#8212; See Also</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The Infamous 12-Hour Closing Statement</title>
		<link>https://abovethelaw.com/2026/09/the-infamous-12-hour-closing-statement/</link>
					<comments>https://abovethelaw.com/2026/09/the-infamous-12-hour-closing-statement/#respond</comments>
		
		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 23:02:00 +0000</pubDate>
				<category><![CDATA[Courts]]></category>
		<category><![CDATA[Clarence Darrow]]></category>
		<category><![CDATA[Trivia Question of the Day]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191159</guid>

					<description><![CDATA[<p>Proof lawyers need a lot of stamina.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-infamous-12-hour-closing-statement/">The Infamous 12-Hour Closing Statement</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="alignright size-medium wp-image-415186" src="https://abovethelaw.com/wp-content/uploads/sites/4/2016/04/Clarence-Darrow-Scopes-Trial-631.jpg__800x600_q85_crop-300x143.jpg" alt="Clarence-Darrow-Scopes-Trial-631.jpg__800x600_q85_crop" width="300" height="143" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2016/04/Clarence-Darrow-Scopes-Trial-631.jpg__800x600_q85_crop-300x143.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2016/04/Clarence-Darrow-Scopes-Trial-631.jpg__800x600_q85_crop-600x285.jpg 600w, https://abovethelaw.com/wp-content/uploads/sites/4/2016/04/Clarence-Darrow-Scopes-Trial-631.jpg__800x600_q85_crop.jpg 631w" sizes="(max-width: 300px) 100vw, 300px" /><strong>In what famous &#8220;Trial of the Century&#8221; did legendary defense attorney Clarence Darrow give a 12-hour closing argument?</strong></p>
<p><strong>Hint: It&#8217;s not the Scopes Monkey Trial, if that&#8217;s what you&#8217;re thinking. Rather, the famed civil libertarian railed against the death penalty at length.</strong></p>
<p><strong><em>See the answer on the next page.</em></strong></p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-infamous-12-hour-closing-statement/">The Infamous 12-Hour Closing Statement</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The Minnesota State Fair Is Making Trump’s Great American State Fair Look Like The Pathetic Failure That It Was</title>
		<link>https://abovethelaw.com/2026/09/the-minnesota-state-fair-is-making-trumps-great-american-state-fair-look-like-the-pathetic-failure-that-it-was/</link>
					<comments>https://abovethelaw.com/2026/09/the-minnesota-state-fair-is-making-trumps-great-american-state-fair-look-like-the-pathetic-failure-that-it-was/#respond</comments>
		
		<dc:creator><![CDATA[Jonathan Wolf]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 22:16:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Donald Trump]]></category>
		<category><![CDATA[Great American State Fair]]></category>
		<category><![CDATA[Jonathan Wolf]]></category>
		<category><![CDATA[Minnesota State Fair]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191068</guid>

					<description><![CDATA[<p>A good state fair is not about polishing one man’s tremendous ego.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-minnesota-state-fair-is-making-trumps-great-american-state-fair-look-like-the-pathetic-failure-that-it-was/">The Minnesota State Fair Is Making Trump’s Great American State Fair Look Like The Pathetic Failure That It Was</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">This summer, Donald Trump hijacked the celebration of the 250th anniversary of the Declaration of Independence with a slate of events designed to celebrate himself. One of these, held on the National Mall in Washington, D.C., was what he called <a href="https://www.usnews.com/news/national-news/articles/2026-07-10/16-days-scant-crowds-and-melted-ice-cream-a-timeline-of-what-went-wrong-at-the-great-american-state-fair">the Great American State Fair</a>.</p>



<p class="wp-block-paragraph">This event was a spectacular failure from the start, as almost every musical act pulled out in advance and literally dozens of attendees showed up for such wild entertainment as <a href="https://www.cnn.com/2026/07/10/politics/trump-great-american-state-fair-recap-last-day">close to 200 baptisms</a> over the course of 16 days. A spokesperson affiliated with Trump’s partisan group that planned the event claimed about 150,000 people showed up over the course of the first three days of the Great American State Fair, but this administration lies about everything (<a href="https://www.yahoo.com/news/politics/articles/trump-livid-over-crowd-size-203834555.html">especially crowd sizes</a>), and anyone with eyes could see that far fewer people than that actually attended. Trump’s propagandists have declined to release more detailed attendance data and haven’t described how they came up with the numbers they did release.</p>



<p class="wp-block-paragraph">Even if you believe the Trump administration’s lies, though, in contrast, the first few days of the Minnesota State Fair easily made Trump’s Great American State Fair look like the pathetic failure that it was. The opening day of the Minnesota State Fair, Thursday, August 27, smashed a previous first-day record <a href="https://www.mprnews.org/story/2026/08/28/opening-day-at-2026-minnesota-state-fair-sets-record">with 155,185 people</a> coming through the gates.</p>



<p class="wp-block-paragraph">Unlike Trump event organizers, the Minnesota State Fair’s number crunchers don’t make up attendance numbers, and instead record them very precisely by simply keeping track of how many entry tickets are scanned each day. Then <a href="https://www.mnstatefair.org/about/attendance">accurate data is released publicly</a>.</p>



<p class="wp-block-paragraph">The second day of the Minnesota State Fair, a Friday, set another attendance record at 204,065 entries. The first Saturday and Sunday of the fair were down a bit from previous record highs for those days, but still saw 198,842 and 171,054 people, respectively, come out for some fair food and good times.</p>



<p class="wp-block-paragraph">So, even if you believe Trump’s imaginary numbers (and you shouldn’t), far more people came to the Minnesota State Fair on every single one of its first four days than came to the Great American State Fair total during its first three days combined. Plus the Minnesota State Fair didn’t have a bunch of pullouts from either its grandstand shows or <a href="https://www.mnstatefair.org/free-live-music-and-shows">free musical performances</a>.</p>



<p class="wp-block-paragraph">Moreover, <a href="https://www.axios.com/local/twin-cities/2026/08/28/minnesota-state-fair-prices-2026">prices at the Minnesota State Fair largely held steady</a> year-over-year, whereas <a href="https://defector.com/trumps-state-fair-was-ass-in-all-the-ways-id-been-warned">every day was $13.75 Budweiser day</a> at the Great American State Fair. While I’m not going to claim that everything at the Minnesota State Fair is exactly cheap, at least for what you’re paying you get an extreme variety of old favorites and <a href="https://www.mnstatefair.org/new/food">novel delights</a> to choose from, a few unique gems that you can’t even find anywhere else, and the occasional true bargain (my favorite is the <a href="https://www.mnstatefair.org/vendor/2770.1/">all you can drink milk</a> stand, your choice white or chocolate, where my personal record for a single visit is 108 ounces).</p>



<p class="wp-block-paragraph">Of course, the question remains: great state fair, or the greatest state fair? The State Fair of Texas gets more total attendees than the Minnesota State Fair, but it needs 24 days to do it, and <a href="https://www.blueribbongroup.net/blue-ribbon-foodies/tag/top-30-state-fair-list/">the Minnesota State Fair has a higher daily attendance average</a> over its mere 12 days. Compared to Minnesota, Texas also has more than five times the population to draw on, giving some perspective to its somewhat higher overall attendance totals.</p>



<p class="wp-block-paragraph">Still, while Minnesota has a little something extra special going on with its state fair, no one can dispute that Texas also has a pretty dang great state fair. So do many other states. In fact, the daily average attendance for each of the top 15 state fairs in the U.S. beats the claimed daily average attendance of 50,000 for the first three days of Trump’s Great American State Fair.</p>



<p class="wp-block-paragraph">What makes all these state fairs special is that they are each about a place, the people who call that place home, and the many out-of-state visitors they welcome right along with the locals. A state gets to show off a little of what it has to offer at its state fair. On the other hand, a good state fair is not about cramming religion down anyone’s throat or polishing one man’s tremendous ego.</p>



<p class="wp-block-paragraph">If you didn’t make it to the Great American State Fair, join the club, almost nobody did. But it’s not too late to make it to an original, far better, far more authentic state fair in Minnesota. The <a href="https://www.mnstatefair.org">Great Minnesota Get-Together</a> runs through Labor Day, and until then, it’s going to continue to show up any and all pathetic, partisan imitators.</p>



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



<p class="wp-block-paragraph"><strong><em>Jonathan Wolf is a civil litigator and author of </em></strong><a href="https://amzn.to/38fQXp4" target="_blank" rel="noreferrer noopener"><strong><em>Your Debt-Free JD</em></strong></a><strong><em> (affiliate link). He has taught legal writing, written for a wide variety of publications, and made it both his business and his pleasure to be financially and scientifically literate. Any views he expresses are probably pure gold, but are nonetheless solely his own and should not be attributed to any organization with which he is affiliated. He wouldn’t want to share the credit anyway. He can be reached at </em></strong><a href="mailto:jon_wolf@hotmail.com" target="_blank" rel="noreferrer noopener"><strong><em>jon_wolf@hotmail.com</em></strong></a><strong><em>.</em></strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-minnesota-state-fair-is-making-trumps-great-american-state-fair-look-like-the-pathetic-failure-that-it-was/">The Minnesota State Fair Is Making Trump’s Great American State Fair Look Like The Pathetic Failure That It Was</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>DOGE’s Cost-Cutting Measures At The IRS Resulted In A Greater Loss Of Tax Enforcement Income</title>
		<link>https://abovethelaw.com/2026/09/doges-cost-cutting-measures-at-the-irs-resulted-in-a-greater-loss-of-tax-enforcement-income/</link>
					<comments>https://abovethelaw.com/2026/09/doges-cost-cutting-measures-at-the-irs-resulted-in-a-greater-loss-of-tax-enforcement-income/#respond</comments>
		
		<dc:creator><![CDATA[Steven Chung]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 21:35:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Department Of Government Efficiency (DOGE)]]></category>
		<category><![CDATA[Internal Revenue Service (IRS)]]></category>
		<category><![CDATA[Steven Chung]]></category>
		<category><![CDATA[Tax Law]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191116</guid>

					<description><![CDATA[<p>Collection and enforcement revenue is down due to staff reductions.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/doges-cost-cutting-measures-at-the-irs-resulted-in-a-greater-loss-of-tax-enforcement-income/">DOGE&#8217;s Cost-Cutting Measures At The IRS Resulted In A Greater Loss Of Tax Enforcement Income</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">Between now and when tax returns are due in the coming months, the IRS or the Department of Justice’s Tax Division often issue a press release about someone pleading guilty to or being convicted of a tax crime and facing jail time. If the story makes local news, then someone may think twice before claiming that questionable write off.</p>



<p class="wp-block-paragraph">But a new report from an IRS oversight agency states that collection and enforcement revenue is down due to staff reductions.</p>



<p class="wp-block-paragraph">The Treasury Inspector General for Tax Administration (TIGTA), reported that tax revenue from enforcement was reduced from $98.7 billion in 2024 to $93.8 billion in 2025. Of that amount, revenue collected at the conclusion of tax audits dropped from $10 billion in 2024 to $6.5 billion in 2025.</p>



<p class="wp-block-paragraph">So what caused the revenue decline? Immediately after President Donald Trump took office for the second time, he along with Elon Musk&#8217;s Department of Government Efficiency (DOGE) implemented a <a href="https://www.federalregister.gov/documents/2025/01/28/2025-01905/hiring-freeze">hiring freeze</a> on all executive departments, including the IRS. The freeze did not apply to military and public safety personnel and immigration enforcement.</p>



<p class="wp-block-paragraph">Collection and audit staff was reduced from 27,217 employees in 2024 to 17,517 in January 2026. Some employees took early retirements, and all probationary employees were terminated. This has resulted in a pause in some audits.</p>



<p class="wp-block-paragraph">In addition to staff reduction, enforcement policies changed. For example, under the Biden administration, there was a policy to increase audits of taxpayers earning more than $400,000 per year. In fiscal year 2024, there were 58,000 audits of such taxpayers. In 2025, the number of audits was reduced to 43,000.</p>



<p class="wp-block-paragraph">In another restructuring move, the Large Business and International Division redirected their audit staff to process the large number of Employee Retention Credit claims which was claimed during the COVID pandemic.</p>



<p class="wp-block-paragraph">So what is to make of all of this? As mentioned above, IRS enforcement revenue decreased by $4.9 billion from 2024 to 2025. During that time, the IRS cut 7,605 employees; assuming a very high but plausible estimate of a $100,000 per year salary per employee, that would mean payroll savings of $760.5 million, perhaps more if benefits are also counted. As a matter of optics, losing $4.9 billion to save $760.5 million makes no financial sense. The TIGTA report warned that the downstream effects of these reductions are likely to become more apparent over time.</p>



<p class="wp-block-paragraph">While the decrease in enforcement revenue is concerning, it is a small portion of overall tax revenue. Taxpayers paid $5.3 trillion in taxes in fiscal year 2025 which is a 13.2% increase from 2023.</p>



<p class="wp-block-paragraph">Similarly, the decrease in audit revenue from $10 billion in 2024 to $6.5 billion in 2025 is also notable. But most people generally do not have money available to pay a post-audit tax immediately. So they wait until the case goes to collections where taxpayers set up an installment agreement or in some cases settle through an offer in compromise where they settle their tax debt for less than they owe.</p>



<p class="wp-block-paragraph">So does this mean that regular taxpayers can play fast and loose with tax law? Absolutely not. Ignore the social media tax “advice” where they tell you not to worry about being audited. While the audit rate is relatively small, the chances go way up if you claim unusually large deductions. The IRS has seen enough of these suspicious returns to flag them. Just be honest with the reporting, and have documentation to back up any expenses if necessary.</p>



<p class="wp-block-paragraph">If you cannot pay the tax due, work with the IRS and set up an installment agreement. If you are really in financial straits, you can ask the IRS collection staff to put you on currently noncollectible status, which may require an examination of your finances. If you ignore the letters, penalties and interest will increase and, eventually, the IRS may resort to painful actions like bank levies and wage garnishments.</p>



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



<p class="wp-block-paragraph"><strong><em>Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at stevenchungatl@gmail.com. Or you can connect with him on Twitter (</em></strong><a href="https://twitter.com/stevenchung" target="_blank" rel="noreferrer noopener"><strong><em>@stevenchung</em></strong></a><strong><em>) and connect with him on </em></strong><a href="https://www.linkedin.com/in/stevenchung/" target="_blank" rel="noreferrer noopener"><strong><em>LinkedIn</em></strong></a><strong><em>.</em></strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/09/doges-cost-cutting-measures-at-the-irs-resulted-in-a-greater-loss-of-tax-enforcement-income/">DOGE&#8217;s Cost-Cutting Measures At The IRS Resulted In A Greater Loss Of Tax Enforcement Income</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Sean Duffy’s Wife Just Told Everyone Where He Sits In The MAGA Pecking Order</title>
		<link>https://abovethelaw.com/2026/09/sean-duffys-wife-just-told-everyone-where-he-sits-in-the-maga-pecking-order/</link>
					<comments>https://abovethelaw.com/2026/09/sean-duffys-wife-just-told-everyone-where-he-sits-in-the-maga-pecking-order/#respond</comments>
		
		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 20:44:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Breaking Government]]></category>
		<category><![CDATA[Department of Transportation]]></category>
		<category><![CDATA[Podcasts]]></category>
		<category><![CDATA[Sean Duffy]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191152</guid>

					<description><![CDATA[<p>Spoiler: the reality-star-turned-prosecutor got Transportation because it was 'all that's left.'</p>
<p>The post <a href="https://abovethelaw.com/2026/09/sean-duffys-wife-just-told-everyone-where-he-sits-in-the-maga-pecking-order/">Sean Duffy&#8217;s Wife Just Told Everyone Where He Sits In The MAGA Pecking Order</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
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<p class="wp-block-paragraph">Ever wonder how a MAGAland reality TV star turned prosecutor wound up running the Department of Transportation? Wonder no more. According to his own wife, it&#8217;s because that&#8217;s the one nobody else wanted.</p>



<p class="wp-block-paragraph">Fox News host Rachel Campos-Duffy <a href="https://www.mediaite.com/media/podcasts/fox-news-host-reveals-trump-made-her-husband-transportation-secretary-because-that-was-all-thats-left/">sat down with her husband</a>, Transportation Secretary Sean Duffy, on <em>The Katie Miller Podcast</em> — the interview series hosted by Stephen Miller&#8217;s wife, in which the spouses of Cabinet officials swing by to humanize the men dismantling the administrative state, and offered a refreshingly candid account of how Duffy landed his gig. Asked what the conversation was like when Trump offered him the job, Campos-Duffy said, &#8220;He said he wanted to serve the president in any way. He ended up in transportation because that was all that’s left.&#8221;</p>



<p class="wp-block-paragraph">So now we know precisely where the world-champion tree-climber ranks in the MAGA pecking order: at the bottom, holding whatever the more favored nominees declined to take.</p>



<p class="wp-block-paragraph">To his credit, Duffy tried to smooth it over, insisting the president had assured him, &#8220;If I wasn&#8217;t the president, I would pick the Department of Transportation over any department. It&#8217;s the best department, and I&#8217;m gonna give it to you.&#8221; Sure, Jan. And Campos-Duffy, for her part, closed the loop with Trump&#8217;s parting instruction, &#8220;Don&#8217;t F it up.&#8221;</p>



<p class="wp-block-paragraph">Listen, as a proud fan of the MTV reality TV genre,  I&#8217;ve followed <a href="https://abovethelaw.com/2024/11/donald-trump-adds-to-his-clown-show-erm-that-is-cabinet-with-attorney-reality-tv-star/">the Duffys since before they were the Duffys</a>, and the dynamic checks out. Duffy first entered public life as a competitive lumberjack on MTV&#8217;s <em>The Real World: Boston</em>, back when his official cast bio billed him as &#8220;a true lumberjack&#8221; and a 25-year-old aspiring lawyer. He met Campos, a veteran of <em>The Real World: San Francisco</em>, the following year on <em>Road Rules: All Stars</em>, the inaugural season of what would become <em>The Challenge</em>. The two fell for each other somewhere between shearing sheep in New Zealand and <a href="https://vanyaland.com/2021/06/04/lets-revisit-when-the-challenge-met-the-conjuring-couple/">proving the existence of ghosts</a> in an abandoned Connecticut mental hospital, which is at least an interesting origin story.</p>



<p class="wp-block-paragraph">Somewhere in there, he picked up the law degree he&#8217;d been eyeing, from William Mitchell College of Law, and spent eight years as the district attorney of Ashland County, Wisconsin. And that prosecutor detail matters, because Duffy&#8217;s tenure at DOT has produced exactly the sort of ethics questions a former DA might once have charged out. This spring, he and his family returned to their reality TV roots and starred in a corporate-financed travel series, <em>The Great American Road Trip</em>, a seven-month, 10-state jaunt underwritten by a nonprofit whose donors happen to include Boeing, Toyota, Shell, United Airlines, and Royal Caribbean, all companies regulated by, you guessed it, the Department of Transportation. Citizens for Responsibility and Ethics in Washington filed a complaint asking the DOT inspector general to examine whether accepting hotel stays, a cruise, and assorted ski and rafting excursions from your own regulated industries runs afoul of federal gift and travel rules.</p>



<p class="wp-block-paragraph">&#8230; And it is not <a href="https://abovethelaw.com/2024/11/wait-whose-checkbook-did-this-former-real-world-star-use-to-pay-for-expenses-at-the-ritz-carlton/">the first time a Duffy expense report has raised eyebrows</a> or that <a href="https://abovethelaw.com/2025/04/doj-scores-spectacular-own-goal-in-ny-congestion-pricing-case/">his department made news for the wrong reasons</a>.</p>



<p class="wp-block-paragraph">But when his wife says Duffy took Transportation because it was all that was left&#8230; you&#8217;ve gotta  believe her &#8212; and who better to know it than a lumberjack, the one guy in the Cabinet trained to measure exactly how far he sits from the top of the pole.</p>



<p class="wp-block-paragraph"><strong>Earlier:</strong> <a href="https://abovethelaw.com/2024/11/donald-trump-adds-to-his-clown-show-erm-that-is-cabinet-with-attorney-reality-tv-star/">Donald Trump Adds To His Clown Show, Erm, That Is, Cabinet With Attorney/Reality TV Star</a><br><a href="https://abovethelaw.com/2024/11/wait-whose-checkbook-did-this-former-real-world-star-use-to-pay-for-expenses-at-the-ritz-carlton/">Wait, Whose Checkbook Did This Former Real World Star Use To Pay For Expenses At The Ritz-Carlton?</a><br><a href="https://abovethelaw.com/2025/04/doj-scores-spectacular-own-goal-in-ny-congestion-pricing-case/">DOJ Scores Spectacular Own Goal In NY Congestion Pricing Case</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/2026/09/sean-duffys-wife-just-told-everyone-where-he-sits-in-the-maga-pecking-order/">Sean Duffy&#8217;s Wife Just Told Everyone Where He Sits In The MAGA Pecking Order</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>When Clients Ask About AI, How Should Firms Respond?</title>
		<link>https://abovethelaw.com/2026/09/when-clients-ask-about-ai-how-should-firms-respond/</link>
					<comments>https://abovethelaw.com/2026/09/when-clients-ask-about-ai-how-should-firms-respond/#respond</comments>
		
		<dc:creator><![CDATA[Jeremy Barker]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 20:01:00 +0000</pubDate>
				<category><![CDATA[Sponsored Content]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[ILTA on ATL]]></category>
		<category><![CDATA[ILTACON]]></category>
		<category><![CDATA[Litera]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191054</guid>

					<description><![CDATA[<p>[Sponsored] Lessons from elementary school. </p>
<p>The post <a href="https://abovethelaw.com/2026/09/when-clients-ask-about-ai-how-should-firms-respond/">When Clients Ask About AI, How Should Firms Respond?</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<figure class="wp-block-image size-large"><img loading="lazy" decoding="async" width="1024" height="387" src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/panel-01-1024x387.jpg" alt="" class="wp-image-1191058" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/panel-01-1024x387.jpg 1024w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/panel-01-300x113.jpg 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/panel-01-768x290.jpg 768w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/panel-01.jpg 1270w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /><figcaption class="wp-element-caption">From left, Dennis Garcia of Litera, Donovan Bell of CLOC, and Rahul Chhabra of Herbert Smith Freehills Kramer.</figcaption></figure>



<p class="wp-block-paragraph">Although today’s legal technology events, above all else, showcase the many ways AI is disrupting the industry, at least one speaker at ILTACON 2026 noted changes in another area.&nbsp;</p>



<p class="wp-block-paragraph">As parents and educators are well aware, elementary school students can’t just come up with the right answer to a math problem anymore. In the AI age, they’re also graded on how well they document the process that got to the result.&nbsp;</p>



<p class="wp-block-paragraph">Law firms face a similar dynamic, notes Donovan Bell, a CLOC board member and former head of global legal operations at Intel.&nbsp;</p>



<p class="wp-block-paragraph">When law firms are explaining AI use to clients, their least effective response is to just list the tools they’re using at a high level. Instead, they need to show their work — and to do so in detail.&nbsp;</p>



<p class="wp-block-paragraph">“I was fortunate to have a firm sit down and give me a presentation,” Bell says, recalling an outside counsel who detailed exactly how AI was involved in the full life of a matter.&nbsp;</p>



<p class="wp-block-paragraph">The presentation demonstrated the value AI was providing as an enabler for the work, its effects on lowering costs, and how lawyers were using technology throughout the process to ensure the highest quality output.</p>



<p class="wp-block-paragraph">“That really appealed to me,” he says. “It made me sit up, lean forward, and definitely say, ‘OK, I want to hear more, and definitely want to work with you.’”</p>



<p class="wp-block-paragraph">Bell’s comments came on a Litera masterclass panel that went into detail on how law firms should — and should not — respond when clients ask about their use of artificial intelligence tools.&nbsp;</p>



<p class="wp-block-paragraph">Still, detailing AI use to every client is a big ask, notes Litera GC Dennis Garcia, the discussion’s moderator.</p>



<p class="wp-block-paragraph">The question has been coming up in RFP responses, security questionnaires, retainer agreements, and amendments to those agreements.&nbsp;</p>



<p class="wp-block-paragraph">“It seems like a relatively straightforward question, which could be easy to answer,” he says. “And the reality is, it&#8217;s not so easy to answer, because you just can&#8217;t say, ‘Hey, we&#8217;re using these AI solutions or tools.’ You need to get deeper.”&nbsp;</p>



<p class="wp-block-paragraph"><strong>From Cringe to Based&nbsp;</strong></p>



<p class="wp-block-paragraph">If a law firm wants to make clients run for the exits, shallow, formulaic responses are a good way to make that happen.&nbsp;</p>



<p class="wp-block-paragraph">If the firm is promising change without a baseline to track the change, for example, or failing to demonstrate understanding of the company’s particular workflows, clients will cringe.&nbsp;</p>



<p class="wp-block-paragraph">“I want to know: Do you understand the core of the challenge that we&#8217;re trying to meet?” Bell says.&nbsp;</p>



<figure class="wp-block-image alignright size-large is-resized"><img loading="lazy" decoding="async" width="1024" height="1024" src="https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Live-Webinar-Social-Post-2-1024x1024.png" alt="" class="wp-image-1191057" style="width:573px;height:auto" srcset="https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Live-Webinar-Social-Post-2-1024x1024.png 1024w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Live-Webinar-Social-Post-2-300x300.png 300w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Live-Webinar-Social-Post-2-150x150.png 150w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Live-Webinar-Social-Post-2-768x768.png 768w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Live-Webinar-Social-Post-2-70x70.png 70w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Live-Webinar-Social-Post-2-400x400.png 400w, https://abovethelaw.com/wp-content/uploads/sites/4/2026/09/Live-Webinar-Social-Post-2.png 1080w" sizes="auto, (max-width: 1024px) 100vw, 1024px" /></figure>



<p class="wp-block-paragraph">Another red flag: leaving out the firm’s own technology professionals and featuring only lawyers when detailing the firm’s technology use to a client.&nbsp;</p>



<p class="wp-block-paragraph">“We want to see the right capabilities within the firms now, to help them shape and use this technology,” notes Rahul Chhabra, a former legal operations professional at Meta, now the director of applied AI at Herbert Smith Freehills Kramer.</p>



<p class="wp-block-paragraph">Firms can instead win over their clients by getting into the weeds, sharing as many specifics and details as possible. This allows them to showcase how they are using AI and the strategic thinking behind its implementation.&nbsp;</p>



<p class="wp-block-paragraph">The firm can detail things like how the proverbial “human in the loop” is participating in the work, how risk is being effectively managed, and areas where it might be appropriate for a partner to engage.</p>



<p class="wp-block-paragraph">“It’s not just me saying, ‘Hey I see you’re using AI, so why isn’t the bill rate going down?’” Bell notes. “But it&#8217;s more so: ‘Here&#8217;s the life of the matter, and here&#8217;s the cost of that matter, and how not only am I able to optimize the cost, but also here&#8217;s where you&#8217;re effectively managing the risk.’”</p>



<p class="wp-block-paragraph"><strong>Getting in the Weeds</strong></p>



<p class="wp-block-paragraph">So if firms want to keep their clients happy and remain competitive today, they need to communicate individualized reports on AI adoption to them all. But what does an effective report look like, and how can they best go about it?&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">“You just can&#8217;t give one standard answer to each of your clients regarding this question, right?” Garcia says. “You have to make it a tailored and bespoke answer that is responsive to their needs.”</p>



<p class="wp-block-paragraph">These reports must lay out the strategic thinking behind the firm’s technology use and implementation — and do so in as much detail as possible, with as much specificity to the client as possible. They must document how the technology is bolstering the services they deliver, while also controlling expenditures.&nbsp;</p>



<p class="wp-block-paragraph">It’s a process that Biglaw is still in the early stages of figuring out.</p>



<p class="wp-block-paragraph">“I think it&#8217;s hard because a lot of us as law firms, we are not in the business of data,” Chhabra notes. “We are in the business of providing advice, and we are really good at that.”</p>



<p class="wp-block-paragraph">Firms may struggle to report exactly what has changed through technology implementation, he says, because a lot of times they don’t have a fleshed out baseline to compare it to.&nbsp;</p>



<p class="wp-block-paragraph">Chhabra notes how <a href="https://www.litera.com/capabilities/prove" target="_blank" rel="noreferrer noopener">Litera Foundation</a> supports a law firm&#8217;s efforts in meeting a challenging moment. </p>



<p class="wp-block-paragraph">The system centralizes matter history, lawyer credentials, and client data into connected, searchable profiles that fuel faster, more credible pitches and proposals. It’s the type of support he needs to handle the volume and demands he’s facing.</p>



<p class="wp-block-paragraph">“I think it’s really valuable to have tools like that, that connect all of your business services systems, and which can start giving you insights into a matter,” he says. “We as firms are now thinking through that and shaping that.”&nbsp;</p>



<p class="wp-block-paragraph"><strong>Where Transparency Leads</strong></p>



<p class="wp-block-paragraph">As the panel neared its Q&amp;A phase, Garcia asked the audience for a show of hands. The question: “Has anyone effectively measured return on AI investment?”&nbsp;</p>



<p class="wp-block-paragraph">Almost no hands went up.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">“Do you know who is responsible for determining whether AI is working?” drew a few more.&nbsp;</p>



<p class="wp-block-paragraph">It’s a dynamic that has been <a href="https://abovethelaw.com/2026/08/law-firms-are-buying-ai-but-are-they-really-using-it/">well documented</a> in <a href="https://abovethelaw.com/2026/07/the-deloitte-legal-report-trouble-for-ostriches/">recent</a> <a href="https://abovethelaw.com/2026/07/stats-of-the-week-believing-in-ai/">studies</a>.</p>



<p class="wp-block-paragraph">For Chhabra, keeping up with the rapid pace of change is a key driver.&nbsp;&nbsp;</p>



<p class="wp-block-paragraph">“Today, we don’t have all the answers of how it’s actually helping us get return on investment,” he says. “But if we do not learn these tools today while we’re trying to figure out the ROI answer, we are going to be left behind.”&nbsp;</p>



<p class="wp-block-paragraph">And for law firms, many of the business benefits ultimately boil down to client service.</p>



<p class="wp-block-paragraph">If firms can provide services to them more quickly and more effectively, Chhabra says, they can bill for this outcome. It’s a model that can go beyond value-based pricing to outcome-based pricing.&nbsp;</p>



<p class="wp-block-paragraph">He gave the example of a company offering to pay a firm a $2 million bonus on top of their fee if they can close a litigation matter within six months.&nbsp;</p>



<p class="wp-block-paragraph">If it’s a product company and it’s building a new supply chain that’s being held up by the litigation, the value for the client could be $100 million — and they’d be willing to share 5% of that money.&nbsp;</p>



<p class="wp-block-paragraph">To bring about these arrangements, transparency and detail in client communications are essential, he notes. What is the thinking behind the strategy? What are the important issues? What is the outcome you really want?&nbsp;</p>



<p class="wp-block-paragraph">“So there&#8217;s a lot of that,” Chhabra says. “Those conversations when you&#8217;re transparent with your clients, when you&#8217;re having the real conversations with them.”</p>



<p class="wp-block-paragraph"><em>For more about Litera Foundation, you can <a href="https://info.litera.com/grow-pillar.html?utm_source=above-the-law&amp;utm_medium=blog&amp;utm_campaign=2026_bol-rti-solving-the-ai-efficiency-trap_parent&amp;utm_content=when-clients-ask-about-ai" target="_blank" rel="noreferrer noopener">book a demo here</a>.</em></p>
<p>The post <a href="https://abovethelaw.com/2026/09/when-clients-ask-about-ai-how-should-firms-respond/">When Clients Ask About AI, How Should Firms Respond?</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Patent Litigation’s Most Famous Judge Makes His Biglaw Move</title>
		<link>https://abovethelaw.com/2026/09/patent-litigations-most-famous-judge-makes-his-biglaw-move/</link>
					<comments>https://abovethelaw.com/2026/09/patent-litigations-most-famous-judge-makes-his-biglaw-move/#respond</comments>
		
		<dc:creator><![CDATA[Staci Zaretsky]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 19:13:00 +0000</pubDate>
				<category><![CDATA[Biglaw]]></category>
		<category><![CDATA[Courts]]></category>
		<category><![CDATA[A&O Shearman]]></category>
		<category><![CDATA[Alan Albright]]></category>
		<category><![CDATA[Partner Issues]]></category>
		<category><![CDATA[Patents]]></category>
		<category><![CDATA[Quote of the Day]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191111</guid>

					<description><![CDATA[<p>After years overseeing blockbuster patent cases, he’s heading back to Biglaw.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/patent-litigations-most-famous-judge-makes-his-biglaw-move/">Patent Litigation’s Most Famous Judge Makes His Biglaw Move</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>[I] really missed the counselor side of being a lawyer. I think I could be a much better counselor now than I was ​before I went on the bench.</strong></p>



<p class="has-large-font-size wp-block-paragraph"><strong><em><span><i style="font-weight: bold;">—</i></span> </em>Former U.S. District Judge <a href="https://en.wikipedia.org/wiki/Alan_Albright">Alan Albright</a> of the Western District of Texas, in comments given to <a href="https://www.reuters.com/legal/legalindustry/law-firm-ao-shearman-hires-texas-ex-judge-who-dominated-patent-cases-2026-09-01/">Reuters</a>, concerning his decision to join A&amp;O Shearman as an intellectual property litigation partner in Austin, Texas. Albright’s courtroom became the country’s most prominent venue for patent litigation during his time on the bench.</strong></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 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 class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/09/patent-litigations-most-famous-judge-makes-his-biglaw-move/">Patent Litigation’s Most Famous Judge Makes His Biglaw Move</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>AI ROI For Law Firms: There’s Not Any</title>
		<link>https://abovethelaw.com/2026/09/ai-roi-for-law-firms-theres-not-any/</link>
					<comments>https://abovethelaw.com/2026/09/ai-roi-for-law-firms-theres-not-any/#respond</comments>
		
		<dc:creator><![CDATA[Stephen Embry]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 18:32:00 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
		<category><![CDATA[Artificial Intelligence (AI)]]></category>
		<category><![CDATA[Stephen Embry]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191105</guid>

					<description><![CDATA[<p>Clients need some ownership in how their firms use the technology. Firms and clients need to design workflows together.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/ai-roi-for-law-firms-theres-not-any/">AI ROI For Law Firms: There’s Not Any</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
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<p class="wp-block-paragraph">At a recent conference at which I spoke, a member of the audience raised her hand and asked why law firms are having so much trouble determining the ROI of artificial intelligence tools that they are buying. I thought about it for a minute, and then it hit me: it’s because they aren&#8217;t getting an ROI in the traditional sense. If law firms are using AI as they should be, it’s their clients who are getting the ROI.</p>



<p class="wp-block-paragraph">Here is what I meant. If law firms bill by the hour and if AI does what every vendor says it does, its use would, by definition, reduce billable hours. That, in turn, reduces revenue and profit. It means, instead of a return on investment, they are actually taking a loss on investment. Call it the LOI.</p>



<p class="wp-block-paragraph">(There is an important exception. When AI tools perform back-office functions, the opposite is true. These tools can reduce administrative costs, eliminate non-billable time, speed collections, and allow fewer people to perform internal functions. And all that reduces costs and increases profitability. That ROI can be and probably is being measured.)</p>



<p class="wp-block-paragraph">For substantive tasks, use of AI will undoubtedly replace work done by associates and paralegals that was billed by the hour. It’s a net loss. No wonder firms are reluctant to use AI tools. No wonder they can&#8217;t figure out the ROI. There&#8217;s not all that much.</p>



<p class="wp-block-paragraph"><strong>A Paradox</strong></p>



<p class="wp-block-paragraph">It’s a paradox: when AI is used by law firms, there is indeed a calculable ROI for the clients that are charged by the hour. If their lawyers use AI tools, the client&#8217;s bills simply will go down and go down by measurable amounts. When AI turns 15 hours into one, the clients are happy.</p>



<p class="wp-block-paragraph">So, clients are all too eager for firms to make investments, often substantial investments, in AI. But these investments and AI use only help the clients and hurt the lawyers that just spent a fortune on technology. No wonder everybody keeps talking about ROI at conferences without quite managing to find it. It&#8217;s a difficult and, to be frank, somewhat unfair situation.</p>



<p class="wp-block-paragraph"><strong>Another Phenomenon at Work</strong></p>



<p class="wp-block-paragraph">There&#8217;s another phenomenon at work here as well. Traditionally, under the billable hour model, clients would demand that work be pushed down to the lowest-cost provider while maintaining the approximate level of quality. It might take more time to do the work, but because the rate was lower, the net cost to the client was less. We’ve all had the conversation: why can’t you get an associate or paralegal to do that? I don’t need to pay you at your rate for it.</p>



<p class="wp-block-paragraph">Hence, law firms built leverage pyramids. Those pyramids enabled firms to satisfy the client but still make money. And any loss of revenue from the work done at the reduced rates was made up by forcing associates to work long and hard to keep the machine running. Indeed, firms not only maintained profitability; they often increased it.</p>



<p class="wp-block-paragraph">But with AI, that model is no longer as effective. AI eats the pyramid from the bottom up. It can do a lot of work that was previously pushed down to humans. Faster and at almost no hourly cost to the client. The profitability protection the leverage model provided essentially evaporates. Which is another reason firms aren&#8217;t itching to drive the shiny new car that they were convinced by vendors they absolutely had to have. It just sits in the garage, unused, and frankly, unwanted.</p>



<p class="wp-block-paragraph"><strong>Is There a Solution?</strong></p>



<p class="wp-block-paragraph">One typical solution offered to the paradox is for firms to take a long view and say to themselves that if they reduce their bills by using AI, they will get more clients in the future. The problem is that&#8217;s a pretty indirect ROI, and it&#8217;s difficult to put a number on. It&#8217;s little more than a hope. And hope doesn&#8217;t sell well to a room full of angry equity partners wondering why their end-of-the-year distribution went down.</p>



<p class="wp-block-paragraph">Another would-be solution is for lawyers to just up their rates to more than make up for the overhead cost of the AI tools and the lost hours. But to make up that profitability gap, rates would have to rise to astronomical levels. And clients would balk.</p>



<p class="wp-block-paragraph">Do you really believe a client would willingly pay $5,000 per hour? $6,000? $10,000? I practiced for a long time, and I can assure you I never met a client whose response to a $10,000 rate would be wonderful, where do I sign?</p>



<p class="wp-block-paragraph">Then there’s the favorite answer by pundits. Move away from the billable hour and to an alternative billing model. Flat fees. Subscription-based billing. But culturally, that’s very hard since everything about the modern law firm revolves around the billable hour. Compensation. Advancement. Partner status, power, and prestige. It’s the operating system.</p>



<p class="wp-block-paragraph">And even if firms move away from the billable hour, it’s hard to believe that they can maintain the same level of profitability. Having done flat fees, I know how the client thinks: they are all for flat fees, provided the fee is less than what it would otherwise be. And it&#8217;s also challenging for firms to reduce the costs of producing the work enough to make up the difference.</p>



<p class="wp-block-paragraph">It&#8217;s also difficult to calculate ROI based on that type of move. There&#8217;s an incredible amount of disruption to changing operating systems, and to be honest, some clients even resist such a move, thinking that if they can force their firms to use AI, the billable hours will be reduced, as will their bills. So why move to a different sort of fee structure that would not have the same bang for the buck?</p>



<p class="wp-block-paragraph"><strong>Can We Talk?</strong></p>



<p class="wp-block-paragraph">But the best solution is something law firms and clients are reluctant to do. Law firms and clients need to talk to each other. Duh. They need to have honest conversations about how work is done and what it costs. I say reluctantly based on experience. Every time management or a well-heeled consultant tried to sell some “talk to your clients” initiative, that’s where it ended. With just talk.&nbsp;</p>



<p class="wp-block-paragraph">Lawyers are an independent breed. They don’t like being told how to communicate with their clients. They don’t like having hard conversations about these subjects, particularly when it comes to money.</p>



<p class="wp-block-paragraph">And make no mistake, for these kinds of discussions to be productive, a few things have to happen. Law firms, on the one hand, would have to realize that they have a duty to use tools that allow them to represent their clients effectively and efficiently. Clients, on the other hand, would need to understand that while they are entitled to the benefits of technology, firms still need to make a profit.</p>



<p class="wp-block-paragraph">They can’t do good work and retain top-of-the-line talent unless they can adequately compensate those doing the work and keep the lights on. Clients also need to recognize that forcing firms to make substantial AI investments which strangle their profitability is not sustainable.</p>



<p class="wp-block-paragraph">And clients need to make genuine commitments to their law firms that if they employ AI, the firms will get more work. Not just mouth it with what feels like a wink and a nod. It can’t be like the discount spiel I used to hear from clients: if you discount your rates, we will send you more cases. Somehow, all I got was less money for the same amount of work.</p>



<p class="wp-block-paragraph">In short, clients need some ownership in how their firms use the technology. Firms and clients need to design workflows together. Both sides need to agree on what efficiency looks like and who receives what portion of the resulting value. Clients and their lawyers need to sit down together and determine what work AI can improve, how much investment is required, and how the benefits and costs can be shared. Not just realized by one side of the relationship.</p>



<p class="wp-block-paragraph">Right now, what we have is a standoff: the client&#8217;s AI ROI is often the law firm&#8217;s AI loss.</p>



<p class="wp-block-paragraph">So, can we talk?</p>



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



<p class="wp-block-paragraph"><strong><em>Stephen Embry is a lawyer, speaker, blogger, and writer. He publishes&nbsp;<a href="https://www.techlawcrossroads.com/" target="_blank" rel="noreferrer noopener">TechLaw Crossroads</a>, a blog devoted to the examination of the tension between technology, the law, and the practice of law.</em></strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/09/ai-roi-for-law-firms-theres-not-any/">AI ROI For Law Firms: There’s Not Any</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Florida Bar Hides From Ethical Responsibilities, Shrugs As DHS Lawyer Compares Federal Judges To Murderers And Rapists</title>
		<link>https://abovethelaw.com/2026/09/florida-bar-hides-from-ethical-responsibilities-shrugs-as-dhs-lawyer-compares-federal-judges-to-murderers-and-rapists/</link>
					<comments>https://abovethelaw.com/2026/09/florida-bar-hides-from-ethical-responsibilities-shrugs-as-dhs-lawyer-compares-federal-judges-to-murderers-and-rapists/#respond</comments>
		
		<dc:creator><![CDATA[Joe Patrice]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 17:42:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Breaking Government]]></category>
		<category><![CDATA[Florida Bar]]></category>
		<category><![CDATA[James Percival]]></category>
		<category><![CDATA[Legal Ethics]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191131</guid>

					<description><![CDATA[<p>Ah, the Florida Bar. Truly the 'Florida Man' of state bars.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/florida-bar-hides-from-ethical-responsibilities-shrugs-as-dhs-lawyer-compares-federal-judges-to-murderers-and-rapists/">Florida Bar Hides From Ethical Responsibilities, Shrugs As DHS Lawyer Compares Federal Judges To Murderers And Rapists</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">When the Florida Bar didn&#8217;t want to perform the most basic of its duties as the state&#8217;s designated professional licensing authority, it invented a new rule out of whole cloth to justify punting a detailed ethics complaint about then-Attorney General Pam Bondi. The entity charged with maintaining the integrity of the Florida legal profession couldn&#8217;t even consider the complaint against Bondi because it cannot investigate a sitting officer appointed under the U.S. Constitution while in office.</p>



<p class="wp-block-paragraph">Then Pam Bondi got booted from office and over 120 scholars, practitioners, and former judges wrote to remind the Florida Bar that this obliterates its lone excuse for not taking action. The Florida Bar has ignored this fact for months now.</p>



<p class="wp-block-paragraph">Now, Florida&#8217;s made up &#8220;constitutional officer&#8221; doctrine has a new customer!</p>



<p class="wp-block-paragraph">The Bar has <a href="https://www.reuters.com/legal/government/florida-bar-rejects-ethics-complaint-against-top-dhs-lawyer-over-worst-judges-2026-09-01/">refused to open an investigation</a> into DHS General Counsel James Percival after he posted on social media telling his followers <a href="https://abovethelaw.com/2026/07/dhs-general-counsel-names-four-federal-judges-worst-of-the-worst-as-threats-against-judiciary-hit-564/">to consider four current federal judges as on par with the murderers and rapists</a> that the <a href="https://x.com/RapidResponse47/status/2064419625803120842?s=20">administration profiles</a> under its &#8220;<a href="https://www.dhs.gov/wow">Worst of the Worst</a>&#8221; branding. In &#8220;<a href="https://x.com/DHSGenCounsel/status/2080282962155778105?s=20">Worst of the Worst, District Judge Edition</a>,&#8221; Percival explicitly named federal judges who ruled against his office and sent his January 6 flying monkeys off to add to the rash of violent threats against federal judges. </p>



<p class="wp-block-paragraph">To this, <a href="https://fingfx.thomsonreuters.com/gfx/legaldocs/jnvwzmmkbpw/LCR-CloseRecord-Percival.pdf">the Florida Bar responds</a> that it, &#8220;does not investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office&#8221; because doing so &#8220;could encroach on the authority of the federal government concerning these officials and the exercise of their duties.&#8221;</p>



<p class="wp-block-paragraph"><a href="https://www.democracydefendersfund.org/wp-content/uploads/2026/08/081926_DDF-LDAD-Percival-Bar-Complaint.pdf">The complaint</a> was brought by Democracy Defenders Fund and Lawyers Defending American Democracy alongside 128 former federal and state judges, including retired Florida Supreme Court Chief Justice Peggy Quince and Barbara Pariente, Michael Luttig, Nancy Gertner, Shira Scheindlin, and Ursula Ungaro. They asked the Bar to probe Percival for violating <a href="http://textbookdiscrimination.com/Rules/Bar/FL/S0408#R040802">Rule 4-8.2(a)</a> with his posts. This is the provision that bars lawyers from making statements they know &#8220;to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge&#8230;.&#8221;</p>



<p class="wp-block-paragraph">The Florida Bar, wanting no part of protecting judges or the judicial system, ran back to the simple trick that got it out of the Bondi inquiry originally. Where does the Bar find this ethical Hall Pass for federal officials? This is the rule the Bar keeps hiding behind, in full:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">Inquiries raised or complaints presented by or to The Florida Bar about the conduct of a constitutional officer who is required to be a member in good standing of The Florida Bar must be commenced within 6 years after the constitutional officer vacates office.</p>
</blockquote>



<p class="wp-block-paragraph">That is <a href="https://ruledex.com/florida/rules-regulating-the-florida-bar/chapter-3-rules-of-discipline/3-7-procedures/rule-3-7-16-limitation-on-time-to-open-investigation/">Rule 3-7.16(d)</a>. It&#8217;s a statute of limitations extension, not a bar on acting until the subject of the complaint leaves office. The Florida Bar should know this because they went to the Florida Supreme Court in 2022 and asked that the rule be rewritten to allow them to punt investigations while the person is in office and the court said NO. <em><a href="https://flcourts-media.flcourts.gov/content/download/877366/opinion/Opinion_SC2022-1293.pdf">In Re: Amendments to Rules Regulating The Florida Bar-Chapters 3 &amp;14 (Sep. 7, 2023)</a></em>.</p>



<p class="wp-block-paragraph">Eagle-eyed readers might notice that the rule is expressly limited to officials whose jobs are conditioned upon Florida bar membership, which is in there because the rule only extends to Florida <em>state</em> officials under the state constitution. Neither the United States Attorney General, nor the general counsel of the Department of Homeland Security need Florida bar membership. Indeed, in Florida, the definition of constitutional officer is limited to offices explicitly created by the state constitution. In fact, all the &#8220;constitutional officers&#8221; in Florida are elected officials and the Bar itself has always read this rule with that limit in mind.</p>



<p class="wp-block-paragraph">But the Florida Bar contends that expanding this to a ban on investigating federal employees is in the <em>vibes</em> of the rule.</p>



<p class="wp-block-paragraph">Rather, the Bar is taking the position that anyone in the federal executive branch requiring Senate confirmation by statute is both a de facto constitutional officer of Florida and somehow covered by the rule&#8217;s limitation to officers &#8220;required to be a member in good standing of The Florida Bar.&#8221; Percival could theoretically move his own membership to inactive this afternoon and keep the job.</p>



<p class="wp-block-paragraph">Ignoring the Bondi complaint was bold and unwarranted, but at least she ran the Department of Justice. The general counsel isn&#8217;t even in the line of succession to run DHS! The Florida Bar is running an immunity doctrine of undisclosed scope with no published standard for who qualifies and no obligation to explain itself, because the one time anybody tried to force the question the Florida Supreme Court <a href="https://floridaphoenix.com/2025/10/14/state-supreme-court-rejects-attempt-to-force-florida-bar-to-investigate-bondi/">dodged it on standing</a> rather than touch it.</p>



<p class="wp-block-paragraph">The Florida Bar also told a complainant it had <a href="https://abovethelaw.com/2026/03/lindsey-halligan-under-investigation-and-the-doj-is-big-mad-about-it/">an active file open on Lindsey Halligan</a>, and then <a href="https://abovethelaw.com/2026/03/when-florida-bar-said-it-was-serious-about-ethical-violations-it-meant-to-say-yes-sir-glory-to-the-maga-empire/">walked the statement back the day after</a>. They didn&#8217;t cite the &#8220;constitutional officer&#8221; line then, but if they&#8217;re extending it to Percival, they likely wanted to cover Halligan too, but the complaint arrived after she left office and even their most creative minds couldn&#8217;t bring themselves to untie the intellectual knot of claiming this constitutional appointment logic extends to people the courts conclusively determined to be illegally appointed. So that complaint joins the post-firing Bondi complaint as something the Bar just ignores without even attempting an explanation.</p>



<p class="wp-block-paragraph">Florida Attorney General James Uthmeier, sensing an opportunity to grandstand, <a href="https://fox49.tv/news/local/florida-attorney-general-urges-bar-to-dismiss-complaint-against-dhs-lawyer-over-criticism">wrote the Bar demanding dismissal</a> of a &#8220;meritless&#8221; complaint on the theory that criticizing government officials isn&#8217;t misconduct and &#8220;[j]udges are no exception.&#8221; Professor Steve Vladeck noted that criticizing judges is indeed valid expression, but that <a href="https://www.stevevladeck.com/p/bonus-246-judicial-criticism-and">Percival wasn&#8217;t a commentator, but <em>the lawyer for a litigant</em></a>. Counsel for a party to active litigation telling the judges what their rulings are going to cost them is an entirely different matter. Which, of course, is why states have rules like Rule 4-8.2(a).</p>



<p class="wp-block-paragraph">The underlying conduct fits squarely within that rule. Judge Esther Salas, whose son was murdered at her home by a man angry about her rulings, warned that Percival was putting a bullseye on the judges he named. The Marshals Service logged more than 400 threats against individual federal judges in fiscal 2026, reaching roughly 12 percent of the active bench. Percival&#8217;s list contained no Republican appointees, despite judges from both parties having ruled against this administration&#8217;s immigration operation <a href="https://www.politico.com/news/2026/05/13/10k-rulings-ice-mandatory-detention-trump-analysis-00914195">over 10,000 times</a> in the second Trump term. This highlights the selective nature of the threat &#8212; Percival may disagree with many decisions, but he selected only judges that couldn&#8217;t possibly offend his fellow Republicans when posting the next targets for his mouth breathing followers.</p>



<p class="wp-block-paragraph">Percival marked the occasion with dignity and humility:</p>



<figure class="wp-block-embed is-type-rich is-provider-x wp-block-embed-x"><div class="wp-block-embed__wrapper">
<blockquote class="twitter-tweet" data-width="500" data-dnt="true"><p lang="en" dir="ltr">Me after defeating 128 former judges. <a href="https://t.co/4TSCYpsafx">https://t.co/4TSCYpsafx</a> <a href="https://t.co/MHDCu3mjGT">pic.twitter.com/MHDCu3mjGT</a></p>&mdash; James Percival (@DHSGenCounsel) <a href="https://x.com/DHSGenCounsel/status/2094482392085856295?ref_src=twsrc%5Etfw">August 31, 2026</a></blockquote><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script>
</div></figure>



<p class="wp-block-paragraph">If the profession is to survive this administration, licensing authorities <a href="https://abovethelaw.com/2026/01/disbar-them-all-the-only-accountability-left-for-trumps-lawyers/">need to get serious about sanctioning and disbarring these people</a>. These are not close ethical calls. This is the exact behavior that we created professional discipline to punish, and every time a licensing authority looks the other way it undermines the rule of law and its own credibility. </p>



<p class="wp-block-paragraph">The Florida Bar&#8217;s disciplinary function is run by cowards with no respect for the integrity of the profession. The rest of the nation&#8217;s professional licensing institutions don&#8217;t have to be. </p>



<p class="wp-block-paragraph"><strong>Earlier</strong>: <a href="https://abovethelaw.com/2026/07/dhs-general-counsel-names-four-federal-judges-worst-of-the-worst-as-threats-against-judiciary-hit-564/">DHS General Counsel Names Four Federal Judges &#8216;Worst Of The Worst&#8217; As Threats Against Judiciary Hit 564</a><br><a href="https://abovethelaw.com/2026/05/new-ethics-complaint-reminds-florida-bar-that-pam-bondi-isnt-attorney-general-anymore/">New Ethics Complaint Reminds Florida Bar That Pam Bondi Isn&#8217;t Attorney General Anymore</a><br><a href="https://abovethelaw.com/2026/03/lindsey-halligan-under-investigation-and-the-doj-is-big-mad-about-it/">Lindsey Halligan Under Investigation And The DOJ Is Big Mad About It</a><br><a href="https://abovethelaw.com/2026/03/when-florida-bar-said-it-was-serious-about-ethical-violations-it-meant-to-say-yes-sir-glory-to-the-maga-empire/">When Florida Bar Said It Was Serious About Ethical Violations It MEANT To Say, ‘Yes, Sir. Glory To The MAGA Empire!’</a><br><a href="https://abovethelaw.com/2026/03/bondi-says-shes-the-bar-now/">Bondi Says She&#8217;s The Bar Now</a><br><a href="https://abovethelaw.com/2026/03/which-trump-administration-lawyer-most-deserves-to-lose-their-license-an-atl-madness-bracket/">Which Trump Administration Lawyer Most Deserves To Lose Their License? An ATL Madness Bracket</a><br><a href="https://abovethelaw.com/2026/01/disbar-them-all-the-only-accountability-left-for-trumps-lawyers/">Disbar Them All: The Only Accountability Left For Trump’s Lawyers</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>The post <a href="https://abovethelaw.com/2026/09/florida-bar-hides-from-ethical-responsibilities-shrugs-as-dhs-lawyer-compares-federal-judges-to-murderers-and-rapists/">Florida Bar Hides From Ethical Responsibilities, Shrugs As DHS Lawyer Compares Federal Judges To Murderers And Rapists</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Want To Become A Law Professor? These Law Schools Offer The Best Odds</title>
		<link>https://abovethelaw.com/2026/09/want-to-become-a-law-professor-these-law-schools-offer-the-best-odds/</link>
					<comments>https://abovethelaw.com/2026/09/want-to-become-a-law-professor-these-law-schools-offer-the-best-odds/#respond</comments>
		
		<dc:creator><![CDATA[Staci Zaretsky]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 17:01:00 +0000</pubDate>
				<category><![CDATA[Law Schools]]></category>
		<category><![CDATA[Law Professors]]></category>
		<category><![CDATA[Law School Hiring]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191118</guid>

					<description><![CDATA[<p>One school leaves the rest of the legal academy in the dust.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/want-to-become-a-law-professor-these-law-schools-offer-the-best-odds/">Want To Become A Law Professor? These Law Schools Offer The Best Odds</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’ve ever dreamed of becoming a law professor, where you earn your J.D. may play a significant role in whether you ultimately make it into the legal academy.</p>



<p class="wp-block-paragraph">Professor <a href="https://law.nd.edu/directory/derek-muller/">Derek Muller</a> of Notre Dame Law School recently took a look at which law schools produced the most professors over the past decade at his Substack, <a href="https://derektmuller.substack.com/p/which-law-schools-produce-the-most">Law School Docket</a>. Using <a href="https://www.lawskyprojects.org/explore">hiring data</a> compiled by Illinois Law professor <a href="https://law.illinois.edu/faculty-research/faculty-profiles/sarah-b-lawsky/">Sarah Lawsky</a>, Muller examined where professors hired between 2017 and 2026 received their law degrees.</p>



<p class="wp-block-paragraph">Raw hiring totals don’t tell the whole story here. Muller also compared those figures with each school’s average graduating class size for 2020, 2021, and 2022. Twenty-nine law schools placed at least five graduates into academia during the decade studied.</p>



<p class="wp-block-paragraph">Which schools are most likely to produce future law professors? Here are the top 10, ranked by placements as a percentage of graduating class:</p>



<ol class="wp-block-list">
<li>Yale University: 8.6% (182 professors)</li>



<li>Stanford University: 2.6% (48 professors)</li>



<li>Harvard University: 2.0% (119 professors)</li>



<li>University of Chicago: 1.9% (41 professors)</li>



<li>New York University: 1.5% (69 professors)</li>



<li>Vanderbilt University: 1.0% (19 professors)</li>



<li>University of Michigan: 0.9% (30 professors)</li>



<li>Northwestern University: 0.8% (22 professors)</li>



<li>Columbia University: 0.8% (35 professors)</li>



<li>University of California, Berkeley: 0.7% (25 professors)</li>
</ol>



<p class="wp-block-paragraph">Yale’s performance is truly in a class of its own. About one out of every 12 graduates goes on to become a law professor. No other school even comes close. Stanford, which finishes in second place, clocks in at just 2.6%.</p>



<p class="wp-block-paragraph">Harvard produced far more professors in raw numbers than Stanford or Chicago, but Stanford performed better when class size was taken into account, with Chicago close behind. Vanderbilt also punched above its weight, placing 19 graduates into academia for a rate of 1%.</p>



<p class="wp-block-paragraph">To see the full list,&nbsp;<a href="https://derektmuller.substack.com/p/which-law-schools-produce-the-most">click here</a>⁠.</p>



<p class="wp-block-paragraph">And what about the schools at the bottom of the list? American, Fordham, and George Washington each placed five graduates into the legal academy, amounting to about 0.1% of their graduating classes. Texas also placed five professors, while UC Law San Francisco placed six, with both schools posting rates of 0.2%.</p>



<p class="wp-block-paragraph">Congratulations to all of the law schools whose graduates made their way into academia. They’re now helping to educate &#8212; and perhaps inspire &#8212; the next generation of lawyers and law professors.</p>



<p class="wp-block-paragraph"><a href="https://derektmuller.substack.com/p/which-law-schools-produce-the-most?">Which law schools produce the most law professors?</a> [Law School Docket]</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>&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 <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 class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/09/want-to-become-a-law-professor-these-law-schools-offer-the-best-odds/">Want To Become A Law Professor? These Law Schools Offer The Best Odds</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>PI Firms Don’t Need More Tools. They Need Fewer.</title>
		<link>https://abovethelaw.com/2026/09/pi-firms-dont-need-more-tools-they-need-fewer/</link>
					<comments>https://abovethelaw.com/2026/09/pi-firms-dont-need-more-tools-they-need-fewer/#respond</comments>
		
		<dc:creator><![CDATA[Brittany Cianflone]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 16:18:00 +0000</pubDate>
				<category><![CDATA[Sponsored Content]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[CloudLex]]></category>
		<category><![CDATA[Personal Injury]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191038</guid>

					<description><![CDATA[<p>[Sponsored] Every new tool a PI firm buys solves one problem and connects nothing. The real fix isn't another purchase — it's keeping the whole case in one place, from accident to resolution. Here's how.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/pi-firms-dont-need-more-tools-they-need-fewer/">PI Firms Don’t Need More Tools. They Need Fewer.</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph"><strong>The paralegal with too many tabs open</strong></p>



<p class="wp-block-paragraph">Walk into a busy personal injury firm on any Tuesday and look over a paralegal’s shoulder. Multiple tabs are open: intake, document management, a records portal, e-signature, the calendar, and a settlement spreadsheet.</p>



<p class="wp-block-paragraph">Ask what’s slowing them down, and they won’t blame the software. They’ll say they’re buried, holding the cases together with a to-do list that lives in their head. The case files are technically in the system. They’re also in several other systems, which makes the paralegal the human link connecting all of them. It gets the job done, and it’s one of the most expensive habits in the firm, the kind that never shows up on a budget line.</p>



<p class="wp-block-paragraph"><strong>Why PI firms keep buying more tools</strong></p>



<p class="wp-block-paragraph">Here’s how it happens. A firm buys a case management tool. It doesn’t handle something the PI practice needs, so the firm buys another to fill the gap. Then another. Each purchase makes sense on its own, and nothing ever gets retired. Soon the firm is running many separate tools. Each solves a single problem. None holds the case together, and every handoff between tools is a chance for a detail to slip.</p>



<p class="wp-block-paragraph">So when something feels broken, most firm leaders ask the same question: what should we buy next? It’s the wrong question. The better one is simpler: can our whole team work inside one system built for how a PI firm actually runs? That is what <a href="https://bit.ly/4i2sCaF" target="_blank" rel="noreferrer noopener">CloudLex</a> was built to do: not one more tool, but a single connected ecosystem replacing the patchwork. CloudLex stands on three pillars: the CloudLex Platform, where every case is managed from accident to resolution; <a href="https://bit.ly/465aXI6" target="_blank" rel="noreferrer noopener">Lexee AI</a>, responsible AI built into that platform; and Paralegal Services, trained PI paralegals working directly inside your case files.</p>



<p class="wp-block-paragraph"><strong>What “connected” actually means</strong></p>



<p class="wp-block-paragraph">Picture that same Tuesday inside one connected ecosystem. When intake logs the call, the case exists. When medical records arrive, they land in the case itself: requested, tracked, and delivered from inside the matter. When the demand gets drafted, it’s built from the records intake created months ago. When a partner asks for status, the answer is already there.</p>



<p class="wp-block-paragraph">Plenty of tools can store a document or message a client. That was never hard. The real question for personal injury software is tougher: does the case ever have to leave it? With multiple separate tools, the answer is yes, constantly. That is why the work keeps landing back on a person. Inside CloudLex, where the entire case lives and moves in one place from accident to resolution, the answer is no. That single difference separates buying tools from running a connected firm.</p>



<p class="wp-block-paragraph">It’s also why built-exclusively-for-PI matters. General platforms carry hourly billing and retainer workflows a contingency practice never touches. And in contingency work, the cost of fragmentation never shows up on a bill. It shows up as a weaker demand, a slower negotiation, or a settlement that closes for less than the case was worth.</p>



<p class="wp-block-paragraph"><strong>Why AI fails on disconnected tools — and works here</strong></p>



<p class="wp-block-paragraph">Once firms feel the pain of tool sprawl, the instinct is to add one more thing that promises to fix it. Right now, that thing is AI. But AI is rarely the hard part. To be useful in a PI firm, it needs one thing above all: the complete, current case file: the full record, today’s data, inside the case. Add AI on top of multiple disconnected systems and it inherits the mess. A demand or chronology built from an incomplete record isn’t a time-saver; it’s a new risk. The AI was never the bottleneck. The disconnected tools underneath it were.</p>



<p class="wp-block-paragraph">This is why Lexee AI, CloudLex’s built-in AI, is reliable where bolt-on tools are risky. Lexee AI is responsible AI, fast and dependable: it <a href="https://bit.ly/3UjH58p" target="_blank" rel="noreferrer noopener">drafts demand packages</a> from the case facts already in the file, generates medical summaries and treatment timelines with expert review, and answers questions about any case in plain language. It works from the full case in context, never a partial copy. The accuracy comes from the case being complete and in one place, not from the AI being fast.</p>



<p class="wp-block-paragraph"><strong>The firms that win the next decade</strong></p>



<p class="wp-block-paragraph">The firms that win the next decade in PI won’t be the ones with the most tools or the fastest AI rollout. They’ll be the ones working inside a single connected ecosystem built for PI, where the case finally stays in one place.</p>



<p class="wp-block-paragraph">You didn’t spend years in law school to become the human link between your tools. You’re here to work the case, build the demand, and fight for your clients. That’s the work that finally gets your attention back.  If you&#8217;d like, you can <strong><a href="https://bit.ly/463HE8N" target="_blank" rel="noreferrer noopener">request a demo</a> </strong>of the CloudLex Ecosystem at a time that works for you.<br></p>



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



<p class="wp-block-paragraph"><strong><em><a href="https://bit.ly/4gI9XyC" target="_blank" rel="noreferrer noopener">Michael Abdan</a> is a Partner at CloudLex, Inc. A seasoned litigator licensed in New York and Florida with a strong knack for business, Mike has spent the past 15 years helping hundreds of plaintiff personal injury law firms modernize their practices. His unique blend of legal knowledge and industry experience lets him connect with and cultivate relationships across the PI community — because he genuinely understands the needs and goals of his peers.</em></strong></p>



<p class="wp-block-paragraph"></p>
<p>The post <a href="https://abovethelaw.com/2026/09/pi-firms-dont-need-more-tools-they-need-fewer/">PI Firms Don’t Need More Tools. They Need Fewer.</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The Cybersecurity Control Money Can’t Buy</title>
		<link>https://abovethelaw.com/2026/09/the-cybersecurity-control-money-cant-buy/</link>
					<comments>https://abovethelaw.com/2026/09/the-cybersecurity-control-money-cant-buy/#respond</comments>
		
		<dc:creator><![CDATA[Michael C. Maschke, Sharon D. Nelson, and John W. Simek]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 15:32:00 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
		<category><![CDATA[Cybersecurity]]></category>
		<category><![CDATA[Sensei Enterprises]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191004</guid>

					<description><![CDATA[<p>You can spend a fortune making the locks on your doors stronger. But if someone can convince an employee to hand over the key, those locks suddenly matter a lot less.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-cybersecurity-control-money-cant-buy/">The Cybersecurity Control Money Can&#8217;t Buy</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 spend enormous amounts of money protecting their networks. They use firewalls, endpoint detection, multifactor authentication, security monitoring, and email filtering. The list of technologies designed to keep attackers out keeps growing. And yet, sometimes an attacker doesn&#8217;t need to defeat any of them.</p>



<p class="wp-block-paragraph">Recent reports of cyberattacks on some of the world&#8217;s largest law firms offer a sobering reminder of that reality. WilmerHale reportedly paid at least $18 million to the cyber extortion group Luna Moth after an attack, while Goodwin reportedly paid about $10 million. Weil reportedly paid between $18 million and $20 million after a separate incident. Combined, the ransom payments alone approach $50 million.</p>



<p class="wp-block-paragraph">Those figures are staggering, but the ransom amounts aren&#8217;t the most important part of the story.</p>



<p class="wp-block-paragraph"><strong>The Attack Wasn&#8217;t Necessarily Sophisticated</strong></p>



<p class="wp-block-paragraph">Goodwin said its incident began when a single employee was deceived into providing credentials to an unauthorized person. In another recent incident, Mayer Brown said an employee mistakenly sent documents to someone who had misrepresented their identity. The firm said the third party never gained access to its systems.</p>



<p class="wp-block-paragraph">Different incidents, but each has the same underlying lesson. Sometimes the easiest way to bypass sophisticated cybersecurity defenses is to simply convince someone to help you.</p>



<p class="wp-block-paragraph">Social engineering has existed for decades, but attackers continue to refine it. Today&#8217;s attacks may involve someone impersonating an IT technician, calling an employee directly to request remote access, or creating enough urgency and credibility that the victim believes the request is legitimate.</p>



<p class="wp-block-paragraph">That poses a particularly difficult challenge for law firms because attorneys and staff are trained to be responsive. Clients expect quick answers, and partners want problems solved. Attackers understand these workplace dynamics and exploit them to their advantage.</p>



<p class="wp-block-paragraph"><strong>Technology Can&#8217;t Fix Everything</strong></p>



<p class="wp-block-paragraph">None of&nbsp;this&nbsp;means firms should stop investing in cybersecurity technology. Strong technical controls remain essential and can limit damage even after a mistake occurs. But technology has limits.</p>



<p class="wp-block-paragraph">An employee who voluntarily provides credentials may circumvent protections designed to prevent unauthorized access. Someone who approves a multifactor authentication request they didn&#8217;t initiate can defeat one of the industry&#8217;s most important security controls. An employee who grants remote access to someone they believe is from IT may effectively escort an attacker past a layer of expensive security technology.</p>



<p class="wp-block-paragraph">That&#8217;s why cybersecurity awareness training can&#8217;t be an annual video employees click through while answering email. Employees need to understand how attacks happen and how to independently verify whether someone claiming to be from their IT department or technology provider is legitimate. Most importantly, they need permission to slow things down when something doesn&#8217;t feel right.</p>



<p class="wp-block-paragraph"><strong>Make Verification Normal</strong></p>



<p class="wp-block-paragraph">Law firms can make social engineering significantly harder by establishing simple verification procedures.</p>



<p class="wp-block-paragraph">If someone claiming to be from IT unexpectedly contacts an employee, the employee should know how to verify that person&#8217;s identity using a trusted phone number, an internal messaging system, or an established help desk process. Requests involving passwords, remote access, financial transactions, sensitive documents, or multifactor authentication should automatically trigger additional scrutiny.</p>



<p class="wp-block-paragraph">The goal isn&#8217;t to make employees suspicious of everyone. It&#8217;s to make verification part of the firm&#8217;s culture. Attackers thrive on urgency. They want employees to act before&nbsp;thinking,&nbsp;whether the request supposedly comes from the managing partner, the accounting department, an IT provider, or an important client.</p>



<p class="wp-block-paragraph">A culture that encourages employees to pause and verify unusual requests removes one of the attacker&#8217;s greatest advantages.</p>



<p class="wp-block-paragraph"><strong>The Human Element Still Matters</strong></p>



<p class="wp-block-paragraph">Another lesson buried in these enormous ransom figures is that cybersecurity isn&#8217;t only a problem for firms without adequate resources.</p>



<p class="wp-block-paragraph">The firms being targeted are among the largest and most sophisticated legal organizations in the world. They have substantial technology budgets, experienced security&nbsp;professionals, and access to virtually every cybersecurity tool available.&nbsp;Attackers are&nbsp;successfully&nbsp;targeting people&nbsp;all the same.</p>



<p class="wp-block-paragraph">That&#8217;s something every law firm should consider, regardless of size. You can spend a fortune making the locks on your doors stronger. But if someone can convince an employee to hand over the key, those locks suddenly matter a lot less. The answer isn&#8217;t more fear. It&#8217;s better preparation, better training, and a workplace where verifying an unusual request isn&#8217;t treated as an inconvenience.</p>



<p class="wp-block-paragraph">Sometimes the most important cybersecurity&nbsp;question&nbsp;an employee can ask is also the simplest, &#8220;How do I&nbsp;know&nbsp;you are who you say you are?&#8221;</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/2026/09/the-cybersecurity-control-money-cant-buy/">The Cybersecurity Control Money Can&#8217;t Buy</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Bankruptcy Lawyer Out After Firm Accused Of Working For The Wrong Client</title>
		<link>https://abovethelaw.com/2026/09/bankruptcy-lawyer-out-after-firm-accused-of-working-for-the-wrong-client/</link>
					<comments>https://abovethelaw.com/2026/09/bankruptcy-lawyer-out-after-firm-accused-of-working-for-the-wrong-client/#respond</comments>
		
		<dc:creator><![CDATA[Joe Patrice]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 14:45:56 +0000</pubDate>
				<category><![CDATA[Legal Ethics]]></category>
		<category><![CDATA[Lewis Rice]]></category>
		<category><![CDATA[Midsize Firms / Regional Firms]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191101</guid>

					<description><![CDATA[<p>Practice group leader disappears from website in midst of alleged duty breaches. </p>
<p>The post <a href="https://abovethelaw.com/2026/09/bankruptcy-lawyer-out-after-firm-accused-of-working-for-the-wrong-client/">Bankruptcy Lawyer Out After Firm Accused Of Working For The Wrong Client</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">Who a lawyer actually represents is one of the most important facts to clear up for anyone hoping to avoid serious professional responsibility problems. It&#8217;s usually pretty straightforward, but when it&#8217;s at all muddy, the whole representation becomes an ethics CLE slide waiting to happen.</p>



<p class="wp-block-paragraph">Larry Parres led the bankruptcy practice at Lewis Rice LLC. That we&#8217;re writing in the past tense is a bit of a spoiler for where this story is going. Parres worked on the Chapter 11 of DCA Outdoor, Inc., a Kansas City-based collection of roughly 20 nursery, tree farm, and garden retail entities that filed in February 2025 owing Frontier Farm Credit around $95 million. Every entity was owned and controlled by founder Tory Schwope and none of them had any independent directors.</p>



<p class="wp-block-paragraph">According to <a href="https://www.courtlistener.com/docket/73306695/official-committee-of-unsecured-creditors-of-dca-o-v-lewis-rice-llc/">an adversary complaint the Official Committee of Unsecured Creditors filed in May</a>, Lewis Rice spent the next seven months representing Schwope rather than the estates that the firm technically represented. That case was just voluntarily dismissed without prejudice on August 20 and Parres is suddenly <a href="https://www.bizjournals.com/stlouis/news/2026/08/27/prominent-st-louis-attorney-left-lewis-rice.html">no longer at Lewis Rice</a>. Perform whatever math you need on that one.</p>



<p class="wp-block-paragraph"><a href="https://abovethelaw.com/2026/09/bankruptcy-lawyer-out-after-firm-accused-of-working-for-the-wrong-client/2/">The complaint</a> cites Parres&#8217;s own emails, running through the bankruptcy from even before filing, when Frontier conditioned debtor-in-possession financing on installing a chief restructuring officer:</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p class="wp-block-paragraph">DEAL BREAKER—WE ARE NOT GOING TO PUT A CRO IN PLACE—NOT HAPPENING SO REMOVE IT COMPLETELY.</p>
</blockquote>



<p class="wp-block-paragraph">A CRO is the mechanism by which a lender keeps financing a borrower it no longer trusts to run itself. Opposing one on behalf of the estate is a defensible litigation position &#8212; CROs are expensive, and sometimes the incumbent management genuinely is the cheapest competent option. That didn&#8217;t seem to be the firm&#8217;s motivation here, because the court appointed a CRO anyway. The next day, according to the complaint, Parres emailed his colleagues to tell them that &#8220;Tory remains our client so please make sure he agrees with all Juanita decisions before we act&#8221; &#8212; Juanita being Juanita Schwartzkopf, the court-appointed CRO whose entire function was to make decisions that <em>didn&#8217;t</em> route through Schwope. </p>



<p class="wp-block-paragraph">The complaint claims Parres bcc&#8217;d Schwope on this email.</p>



<p class="wp-block-paragraph">Schwope allegedly wrote back: &#8220;Thanks, pal.&#8221; Parres, per the complaint, responded that he had Schwope&#8217;s back, that Lewis Rice would &#8220;continue to bust our ass for you.&#8221;</p>



<p class="wp-block-paragraph">&#8220;For you&#8221; is sort of the whole sticking point.</p>



<p class="wp-block-paragraph">The Committee claims that 64.2 percent of Lewis Rice&#8217;s billed time went to matters primarily benefiting Schwope as opposed to the various estates paying Lewis Rice for representation &#8212; specifically, the Committee alleges that Lewis Rice acted to aid Schwope in a plan to buy back the estates at a discount after shedding debt. Only about 3.4 percent went to anything resembling maximizing estate value. Of that, asset disposition &#8212; the mechanism by which the estates would generate recovery for creditors &#8212; got less than one hour across the entire engagement.</p>



<p class="wp-block-paragraph">In March 2025, per the filing, Parres congratulated his team: &#8220;Great work guys and know you client appreciates your efforts not to mention Lewis rice appreciates the revenues.&#8221;</p>



<p class="wp-block-paragraph">Parres&#8217;s Lewis Rice bio still comes up in preview when you Google him, but heading to the website delivers a &#8220;Page Not Found.&#8221; The firm informed the St. Louis Business Journal last week that Parres is &#8220;no longer a member.&#8221;</p>



<p class="wp-block-paragraph">Last year, <a href="https://abovethelaw.com/2025/09/anti-woke-startup-suing-biglaw-firm-because-why-the-hell-not/">Winston &amp; Strawn faced similar allegations</a>. When long-time clients go bankrupt, one would think that might trigger heightened guardrails given how easy it will be for the creditors to point the finger if anything looks fishy. </p>



<p class="wp-block-paragraph">On the other hand&#8230; firms appreciate the revenues.</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/2026/09/bankruptcy-lawyer-out-after-firm-accused-of-working-for-the-wrong-client/">Bankruptcy Lawyer Out After Firm Accused Of Working For The Wrong Client</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>House Passes Funding Stopgap, Averting Government Shutdown In October</title>
		<link>https://breakingdefense.com/2026/09/house-passes-funding-stopgap-averting-government-shutdown-in-october/</link>
					<comments>https://breakingdefense.com/2026/09/house-passes-funding-stopgap-averting-government-shutdown-in-october/#respond</comments>
		
		<dc:creator><![CDATA[Valerie Insinna - Breaking Defense]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 14:04:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[ATL Defense]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191094</guid>

					<description><![CDATA[<p>The bill, which now heads to the president's desk, gives Congress until Dec. 11 to pass full-year appropriations.</p>
<p>The post <a href="https://breakingdefense.com/2026/09/house-passes-funding-stopgap-averting-government-shutdown-in-october/">House Passes Funding Stopgap, Averting Government Shutdown In October</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>The post <a href="https://breakingdefense.com/2026/09/house-passes-funding-stopgap-averting-government-shutdown-in-october/">House Passes Funding Stopgap, Averting Government Shutdown In October</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Morning Docket: 09.02.26</title>
		<link>https://abovethelaw.com/2026/09/morning-docket-09-02-26/</link>
					<comments>https://abovethelaw.com/2026/09/morning-docket-09-02-26/#respond</comments>
		
		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Wed, 02 Sep 2026 12:47:00 +0000</pubDate>
				<category><![CDATA[Morning Docket]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191127</guid>

					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p>* When Scalia died, John Roberts decided to change the rules to keep the justices' papers locked away for decades after they die. [<a href="https://www.nytimes.com/2026/09/01/us/politics/supreme-court-internal-records-sealed.html">NY Times</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* House Republicans begin inquiry into the Eleventh Circuit's probe of Judge Eleanor Ross. [<a href="https://news.bloomberglaw.com/us-law-week/gop-seeks-information-on-ethics-probe-of-us-judge-in-atlanta?taid=6a9751ebef34f600018764fc&#38;utm_campaign=trueanthem&#38;utm_medium=social&#38;utm_source=twitter">Bloomberg Law News</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Lawyer arrested for terroristic threat against teen relative. [<a href="https://www.abajournal.com/news/article/lawyer-arrested-on-a-charge-he-made-terroristic-threat-against-16-year-old-family-member">ABA Journal</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Recording artists sue Suno, claiming the AI provider is stealing their identities. [<a href="https://www.rollingstone.com/music/music-news/jason-isbell-suno-lawsuit-artist-identities-1235619317/">Rolling Stone</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* The revolving door between Jones Day and the Trump administration continues to spin. [<a href="https://www.law360.com/legalindustry/articles/2519602">Law360</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Second Circuit rules public school district can ban teachers from hanging Pride flags. [<a href="https://news.bloomberglaw.com/daily-labor-report/second-circuit-backs-ny-school-district-in-pride-flag-dispute">Bloomberg Law</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* Former Google engineer sentenced to 12 months for stealing AI secrets. So if some cut-rate model starts giving really bad internet search summaries, you know the culprit! [<a href="https://www.courthousenews.com/ex-google-engineer-who-stole-trade-secrets-sentenced-to-nearly-12-months/">Courthouse News Service</a>]</p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p>* A&#38;O Sherman hires judge who dominated patent cases as part of the less-socially-destructive-but-still-bad consequence of Texas federal court judge shopping. [<a href="https://www.reuters.com/legal/legalindustry/law-firm-ao-shearman-hires-texas-ex-judge-who-dominated-patent-cases-2026-09-01/">Reuters</a>]</p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/09/morning-docket-09-02-26/">Morning Docket: 09.02.26</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">* When Scalia died, John Roberts decided to change the rules to keep the justices&#8217; papers locked away for decades after they die. [<a href="https://www.nytimes.com/2026/09/01/us/politics/supreme-court-internal-records-sealed.html">NY Times</a>]</p>



<p class="wp-block-paragraph">* House Republicans begin inquiry into the Eleventh Circuit&#8217;s probe of Judge Eleanor Ross. [<a href="https://news.bloomberglaw.com/us-law-week/gop-seeks-information-on-ethics-probe-of-us-judge-in-atlanta?taid=6a9751ebef34f600018764fc&amp;utm_campaign=trueanthem&amp;utm_medium=social&amp;utm_source=twitter">Bloomberg Law News</a>]</p>



<p class="wp-block-paragraph">* Lawyer arrested for terroristic threat against teen relative. [<a href="https://www.abajournal.com/news/article/lawyer-arrested-on-a-charge-he-made-terroristic-threat-against-16-year-old-family-member">ABA Journal</a>]</p>



<p class="wp-block-paragraph">* Recording artists sue Suno, claiming the AI provider is stealing their identities. [<a href="https://www.rollingstone.com/music/music-news/jason-isbell-suno-lawsuit-artist-identities-1235619317/">Rolling Stone</a>]</p>



<p class="wp-block-paragraph">* The revolving door between Jones Day and the Trump administration continues to spin. [<a href="https://www.law360.com/legalindustry/articles/2519602">Law360</a>]</p>



<p class="wp-block-paragraph">* Second Circuit rules public school district can ban teachers from hanging Pride flags. [<a href="https://news.bloomberglaw.com/daily-labor-report/second-circuit-backs-ny-school-district-in-pride-flag-dispute">Bloomberg Law</a>]</p>



<p class="wp-block-paragraph">* Former Google engineer sentenced to 12 months for stealing AI secrets. So if some cut-rate model starts giving really bad internet search summaries, you know the culprit! [<a href="https://www.courthousenews.com/ex-google-engineer-who-stole-trade-secrets-sentenced-to-nearly-12-months/">Courthouse News Service</a>]</p>



<p class="wp-block-paragraph">* A&amp;O Sherman hires judge who dominated patent cases as part of the less-socially-destructive-but-still-bad consequence of Texas federal court judge shopping. [<a href="https://www.reuters.com/legal/legalindustry/law-firm-ao-shearman-hires-texas-ex-judge-who-dominated-patent-cases-2026-09-01/">Reuters</a>]</p>
<p>The post <a href="https://abovethelaw.com/2026/09/morning-docket-09-02-26/">Morning Docket: 09.02.26</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>It’s Not Illegal If Nobody Has Standing To Say So — See Also</title>
		<link>https://abovethelaw.com/2026/09/its-not-illegal-if-nobody-has-standing-to-say-so-see-also/</link>
					<comments>https://abovethelaw.com/2026/09/its-not-illegal-if-nobody-has-standing-to-say-so-see-also/#respond</comments>
		
		<dc:creator><![CDATA[Above the Law]]></dc:creator>
		<pubDate>Tue, 01 Sep 2026 23:01:00 +0000</pubDate>
				<category><![CDATA[See Also]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191080</guid>

					<description><![CDATA[<p><!-- wp:paragraph --></p>
<p><strong>Nice Office You Got There</strong>: <a href="https://abovethelaw.com/2026/09/its-time-to-tear-down-the-supreme-court-building-to-build-a-bigger-ballroom-for-um-national-security/">Let's tear down the Supreme Court building! After all, the Court says no one can stop a president from unilaterally destroying a historic building</a>.</p>
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<p><strong>'A Whorehouse And Las Vegas':</strong> <a href="https://abovethelaw.com/2026/09/the-white-house-is-in-its-whorehouse-era/">Ty Cobb reviews Trump's ballroom.</a></p>
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<p><!-- wp:paragraph --></p>
<p><strong>Legal Tech Love-In</strong>: <a href="https://abovethelaw.com/2026/09/welcome-to-the-legal-tech-polycule-iltacon-2026/">Everyone in legal tech is hopping into bed with each other. Figuratively (we hope). The big rundown on last week's ILTACON and how it relates to swinging</a>. </p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Fools For Clients</strong>: <a href="https://abovethelaw.com/2026/09/wall-street-banks-demand-law-firms-slash-rates-and-just-trust-ai-no-way-this-could-backfire/">Wall Street banks want Biglaw to cut its bills because they can get answers from AI. These are not serious people</a>.</p>
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<p><!-- wp:paragraph --></p>
<p><strong>Pangram Perils</strong>: <a href="https://abovethelaw.com/2026/09/law-reviews-and-ai-detection-a-letter-to-law-review-editors/">Law professors up in arms about AI have put their faith in AI tools to detect AI. That's a dangerous proposition</a>. </p>
<p><!-- /wp:paragraph --></p>
<p><!-- wp:paragraph --></p>
<p><strong>Erin Piacenti, Fordham Law '21 And Bank Of America VP, Killed In Times Square Attack: </strong><a href="https://abovethelaw.com/2026/09/fordham-law-grad-killed-in-times-square-knife-attack/">The 32-year-old had celebrated her second wedding anniversary three weeks earlier.</a></p>
<p><!-- /wp:paragraph --></p>
<p>The post <a href="https://abovethelaw.com/2026/09/its-not-illegal-if-nobody-has-standing-to-say-so-see-also/">It&#8217;s Not Illegal If Nobody Has Standing To Say So &#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>Nice Office You Got There</strong>: <a href="https://abovethelaw.com/2026/09/its-time-to-tear-down-the-supreme-court-building-to-build-a-bigger-ballroom-for-um-national-security/">Let&#8217;s tear down the Supreme Court building! After all, the Court says no one can stop a president from unilaterally destroying a historic building</a>.</p>



<p class="wp-block-paragraph"><strong>&#8216;A Whorehouse And Las Vegas&#8217;:</strong> <a href="https://abovethelaw.com/2026/09/the-white-house-is-in-its-whorehouse-era/">Ty Cobb reviews Trump&#8217;s ballroom.</a></p>



<p class="wp-block-paragraph"><strong>Legal Tech Love-In</strong>: <a href="https://abovethelaw.com/2026/09/welcome-to-the-legal-tech-polycule-iltacon-2026/">Everyone in legal tech is hopping into bed with each other. Figuratively (we hope). The big rundown on last week&#8217;s ILTACON and how it relates to swinging</a>. </p>



<p class="wp-block-paragraph"><strong>Fools For Clients</strong>: <a href="https://abovethelaw.com/2026/09/wall-street-banks-demand-law-firms-slash-rates-and-just-trust-ai-no-way-this-could-backfire/">Wall Street banks want Biglaw to cut its bills because they can get answers from AI. These are not serious people</a>.</p>



<p class="wp-block-paragraph"><strong>Pangram Perils</strong>: <a href="https://abovethelaw.com/2026/09/law-reviews-and-ai-detection-a-letter-to-law-review-editors/">Law professors up in arms about AI have put their faith in AI tools to detect AI. That&#8217;s a dangerous proposition</a>. </p>



<p class="wp-block-paragraph"><strong>Erin Piacenti, Fordham Law &#8217;21 And Bank Of America VP, Killed In Times Square Attack: </strong><a href="https://abovethelaw.com/2026/09/fordham-law-grad-killed-in-times-square-knife-attack/">The 32-year-old had celebrated her second wedding anniversary three weeks earlier.</a></p>
<p>The post <a href="https://abovethelaw.com/2026/09/its-not-illegal-if-nobody-has-standing-to-say-so-see-also/">It&#8217;s Not Illegal If Nobody Has Standing To Say So &#8212; See Also</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The Star Witness Swore He Saw It In The Moonlight — Big Mistake</title>
		<link>https://abovethelaw.com/2026/09/the-star-witness-swore-he-saw-it-in-the-moonlight-big-mistake/</link>
					<comments>https://abovethelaw.com/2026/09/the-star-witness-swore-he-saw-it-in-the-moonlight-big-mistake/#respond</comments>
		
		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Tue, 01 Sep 2026 22:02:00 +0000</pubDate>
				<category><![CDATA[Courts]]></category>
		<category><![CDATA[Trivia Question of the Day]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191079</guid>

					<description><![CDATA[<p>The case was won with the help of an almanac. </p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-star-witness-swore-he-saw-it-in-the-moonlight-big-mistake/">The Star Witness Swore He Saw It In The Moonlight &#8212; Big Mistake</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 1858, which Illinois trial lawyer defended a young man charged with murder and dismantled the prosecution&#8217;s case by producing an almanac? The government&#8217;s star witness swore he&#8217;d watched the fatal blow from 150 feet away, clear as day, by the light of the moon, but the almanac revealed the moon was only in its first quarter and riding low on the horizon, nearly set, at the hour of the crime. </strong></p>
<p style="font-size: larger;"><strong>Hint: He handled this case without a fee, as a favor to the defendant&#8217;s widowed mother, an old friend from his hardscrabble youth. </strong><br /><strong><em>See the answer on the next page.</em></strong></p>
<p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-star-witness-swore-he-saw-it-in-the-moonlight-big-mistake/">The Star Witness Swore He Saw It In The Moonlight &#8212; Big Mistake</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>The White House Is In Its Whorehouse Era</title>
		<link>https://abovethelaw.com/2026/09/the-white-house-is-in-its-whorehouse-era/</link>
					<comments>https://abovethelaw.com/2026/09/the-white-house-is-in-its-whorehouse-era/#respond</comments>
		
		<dc:creator><![CDATA[Kathryn Rubino]]></dc:creator>
		<pubDate>Tue, 01 Sep 2026 21:14:00 +0000</pubDate>
				<category><![CDATA[Government]]></category>
		<category><![CDATA[Biglaw]]></category>
		<category><![CDATA[Breaking Government]]></category>
		<category><![CDATA[East Wing]]></category>
		<category><![CDATA[John Roberts]]></category>
		<category><![CDATA[Shadow Docket]]></category>
		<category><![CDATA[Supreme Court]]></category>
		<category><![CDATA[Ty Cobb]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191066</guid>

					<description><![CDATA[<p>The former Trump White House lawyer went on CNN to mourn the aesthetic direction of the People's House.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/the-white-house-is-in-its-whorehouse-era/">The White House Is In Its Whorehouse Era</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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<p class="wp-block-paragraph">The Supreme Court&#8217;s shadow-docket <a href="https://abovethelaw.com/2026/09/its-time-to-tear-down-the-supreme-court-building-to-build-a-bigger-ballroom-for-um-national-security/">blessing of Donald Trump&#8217;s ballroom</a> was always going to draw reviews. And y&#8217;all &#8212; Ty Cobb has THOUGHTS.</p>



<p class="wp-block-paragraph">The former Hogan &amp; Lovells partner, who <a href="https://abovethelaw.com/tag/ty-cobb/">left Biglaw to serve as special counsel in the first Trump White House</a>, has since made it his apparent life&#8217;s mission to say out loud what everyone outside of MAGAland is thinking. This is a man who has not exactly been stingy with alarm bells. Cobb has warned there are <a href="https://abovethelaw.com/2026/04/former-biglaw-partner-warns-there-are-no-guardrails-left-around-trump-and-someone-is-taking-advantage/">no &#8220;guardrails&#8221; left around Trump</a>, called the president&#8217;s crypto self-dealing the <a href="https://abovethelaw.com/2026/07/former-biglaw-partner-says-trumps-billion-dollar-crypto-haul-is-the-greatest-onslaught-of-corruption-in-the-history-of-mankind/">greatest onslaught of corruption in the history of mankind</a>, and gone on cable to flatly describe <a href="https://abovethelaw.com/2025/11/former-biglaw-partner-calls-out-useless-congress-and-the-evil-president/">a useless Congress and an &#8220;evil&#8221; President</a>.</p>



<p class="wp-block-paragraph">Anyway, the extremely opinionated Cobb turned up on CNN last night to react to the East Wing being turned into a monument to gold leaf. And his objection wasn&#8217;t only about the law.</p>



<p class="wp-block-paragraph">Asked about Chief Justice John Roberts&#8217;s dissent, the one that <a href="https://abovethelaw.com/2026/09/its-time-to-tear-down-the-supreme-court-building-to-build-a-bigger-ballroom-for-um-national-security/">noted the ballroom&#8217;s plain illegality</a> before the majority shrugged and decided no one had standing to say so, Cobb got a little sentimental.</p>



<p class="wp-block-paragraph">&#8220;I mean, it certainly touched me because, as somebody who had spent a lot of time in the White House and in or about the grounds, it was a beautiful setting and a historic setting,&#8221; Cobb said. </p>



<p class="wp-block-paragraph">Emphasis on the past tense, before delivering the bon mot: &#8220;It&#8217;s turning into, you know, some combination of a whorehouse and Las Vegas at this stage of the game with all the gold and paving of it,&#8221; he said. &#8220;So, it&#8217;s tragic what&#8217;s going on. But sadly, it&#8217;s going to continue, at least for the time being.&#8221;</p>



<p class="wp-block-paragraph">Say what you want about a whorehouse, at least it&#8217;s honest about the transaction. Here the majority dressed political favoritism in a poor imitation of standing doctrine and called it a day.</p>



<p class="wp-block-paragraph">Watch the full appearance below.</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="Ty Cobb On The Trump White House" width="500" height="281" src="https://www.youtube.com/embed/gpmbc0E6BEQ?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>



<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/2026/09/the-white-house-is-in-its-whorehouse-era/">The White House Is In Its Whorehouse Era</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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		<title>Wall Street Banks Demand Law Firms Slash Rates And Just Trust AI… No Way This Could Backfire!</title>
		<link>https://abovethelaw.com/2026/09/wall-street-banks-demand-law-firms-slash-rates-and-just-trust-ai-no-way-this-could-backfire/</link>
					<comments>https://abovethelaw.com/2026/09/wall-street-banks-demand-law-firms-slash-rates-and-just-trust-ai-no-way-this-could-backfire/#respond</comments>
		
		<dc:creator><![CDATA[Joe Patrice]]></dc:creator>
		<pubDate>Tue, 01 Sep 2026 20:33:00 +0000</pubDate>
				<category><![CDATA[Technology]]></category>
		<category><![CDATA[AI Legal Beat]]></category>
		<category><![CDATA[Biglaw]]></category>
		<guid isPermaLink="false">https://abovethelaw.com/?p=1191055</guid>

					<description><![CDATA[<p>Banks want more AI legal work. It's all fun and games until they come asking for a bailout.</p>
<p>The post <a href="https://abovethelaw.com/2026/09/wall-street-banks-demand-law-firms-slash-rates-and-just-trust-ai-no-way-this-could-backfire/">Wall Street Banks Demand Law Firms Slash Rates And Just Trust AI&#8230; No Way This Could Backfire!</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">The Financial Times just published an article titled &#8220;<a href="https://www.ft.com/content/5240a6ac-b2e8-4897-a0a4-cbc7fc283bc9?syn-25a6b1a6=1">Wall Street banks push Big Law to cut fees because of AI</a>.&#8221; Apparently the investment bankers have decided that paying legal bills doesn&#8217;t make sense now that ChatGPT can spit out answers. We&#8217;re mere months removed from the high profile &#8212; yet very entertaining &#8212; disaster of a gaming CEO asking ChatGPT to <a href="https://fortune.com/2026/03/17/krafton-subnautica-chatgpt-delaware-court-ruling-ceo-reinstated/">give him the legal basis to avoid paying a $250 million bonus</a>. </p>



<p class="wp-block-paragraph">Yadda yadda yadda, he lost.</p>



<p class="wp-block-paragraph">Has anything happened in the intervening months to make financial institutions trust turning over their legal future to AI? No. But they&#8217;re asking for it anyway. The next recession is going to be wild, y&#8217;all.</p>



<p class="wp-block-paragraph">Just last week, at ILTACON, the message from clients was that they wanted outcomes at any price. Now Wall Street, the people who brought you the Great Recession, wants its law firms to turn over legal review to the robots.</p>



<figure class="wp-block-embed is-type-rich is-provider-x wp-block-embed-x"><div class="wp-block-embed__wrapper">
<blockquote class="twitter-tweet" data-width="500" data-dnt="true"><p lang="en" dir="ltr">Absolutely not.<br><br>The entire point of AI is for a first-year to finish the assignment in 3 hours, sit on it for another 7, and bill 10.<br><br>I’m beginning to think these banks don’t understand innovation. <a href="https://t.co/wO66OeYy8n">https://t.co/wO66OeYy8n</a></p>&mdash; Bill Moore, Esq. (@lawyer_memes) <a href="https://x.com/lawyer_memes/status/2094831513334329536?ref_src=twsrc%5Etfw">September 1, 2026</a></blockquote><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script>
</div></figure>



<p class="wp-block-paragraph">This is funny, but there&#8217;s actually a lot of truth here. </p>



<p class="wp-block-paragraph">The monied interests shoveling cash onto the AI bonfire, clucking their tongues knowingly that OF COURSE an industry that&#8217;s burned almost a trillion and a half in expenses to generate around $200 billion is a sound investment! The only way that bet works is if you accept the deeply misanthropic worldview of Silicon Valley investors who believe AI will become a digital messiah &#8212; a robot Jesus, except with less &#8220;healing the sick,&#8221; and more &#8220;shoving poor people into the human battery farms from the Matrix.&#8221; For these people, AI makes sense because it can replace human labor at every level (except, <a href="https://www.businessinsider.com/marc-andreessen-ai-cant-vc-tech-investing-jobs-career-2025-5">for some reason</a>, their own ability to invest).</p>



<p class="wp-block-paragraph">The finance bros believe the robot is infallible because it&#8217;s a necessary article of faith when they&#8217;ve loaded up their books with a money black hole. They don&#8217;t have time to worry themselves with hallucinations. Or boilerplate drawn from wholly unrelated deals. Or suboptimal research. Just press the &#8220;Easy&#8221; button and turn in whatever the hell comes out!</p>



<p class="wp-block-paragraph">But that&#8217;s not how law works. Without human legal judgment, mistakes get made. After a couple years of &#8220;human-in-the-loop&#8221; &#8212; an empty phrase that presumes a senior partner will read 200 pages of agentic logs on the backend &#8212; legal tech is starting to realize that the process needs to optimized to give the AI more break points for humans to interject, course correct, and reflect. </p>



<p class="wp-block-paragraph">AI keeps getting faster, <a href="https://abovethelaw.com/2026/08/agentic-ai-and-the-qwerty-problem/">but the human brain doesn&#8217;t</a>. Those hours and days spent turning the document included epiphanies and strategic rethinks. Compressing the time from start to finish robs humans of that time to really think about whether they&#8217;ve forged the right output. This matters because AI delivers the median acceptable answer <em>by design</em>. It&#8217;s taking prior results and spitting out smoothed over mediocrity. That may give a lawyer a good head start, but it&#8217;s not an endpoint. And bringing the output up to snuff requires more than a once-over with a red pen. It&#8217;s going to require real time. </p>



<p class="wp-block-paragraph">At ILTACON, one analogy I made after the panel I spoke on is that the investors want AI to be a robot, but the law needs it to produce a cyborg. From this industry&#8217;s perspective it has to work in conjunction with humans. Indeed, we&#8217;ve already seen some early indications that <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/">AI isn&#8217;t reducing lawyer hours but increasing them</a>. AI can surface research rabbit holes that humans might never have found before, and the humans are chasing them down to deliver better work product.</p>



<p class="wp-block-paragraph">Not that AI won&#8217;t change billing. To the extent it saves time in some places, that is time that lawyers can&#8217;t bill. In the past, people mused about the <a href="https://abovethelaw.com/2025/10/law-firms-prepare-to-automate-themselves-out-of-their-own-business-model/">$10,000 billable hour to reflect the value of senior judgment</a>. The banks, it seems, aren&#8217;t buying it. A flat fee for relatively repeatable tasks could give the client cost predictability without firms sacrificing revenue. That makes the most sense, but it requires clients to believe they&#8217;re getting value.</p>



<p class="wp-block-paragraph">If this is the stance they want to take, they&#8217;ll discover the value in a year or so when the litigation gets going. Because they&#8217;re playing a risky game with bet-the-company propositions. Of course, considering that they&#8217;re continuing to hand hundreds of billions of dollars to OpenAI in 2026, their betting judgment may leave a lot to be desired anyway.</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/2026/09/wall-street-banks-demand-law-firms-slash-rates-and-just-trust-ai-no-way-this-could-backfire/">Wall Street Banks Demand Law Firms Slash Rates And Just Trust AI&#8230; No Way This Could Backfire!</a> appeared first on <a href="https://abovethelaw.com">Above the Law</a>.</p>
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