Original Jurisdiction David Lat

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Tomorrow is the first day of June, LGBTQ Pride Month. Happy Pride!
In honor of the occasion, I interviewed Alejandra Caraballo, one of the nation’s most prominent advocates for—and authorties on—transgender rights. She is a clinical instructor at Harvard Law School, where she and Anya Marino are the first transgender women of color to teach at HLS. Before entering academia, Alejandra worked as a litigator at the Transgender Legal Defense and Education Fund and the LGBTQ Law Project at the New York Legal Assistance Group.
In my “stump speech” about free speech and ideological diversity in the legal profession, I urge my listeners to seek out and engage with people they disagree with. Following my own advice, I reached out to Alejandra, with whom I have frequently sparred on Twitter. She was kind enough to join me for a discussion that covered controversial and sensitive subjects, including trans athletes participating in girls and women’s sports, the access of children and teens to gender-affirming care, and more.
My thanks to Alejandra for her willingness to engage in good-faith debate. You can listen to our candid conversation via the embed at the top of this post, or through Apple Podcasts, Spotify, or your podcasting platform of choice.
Show Notes:
* Alejandra Caraballo bio, Harvard Law School
* Meet the First Trans Women of Color to Teach at Harvard Law, by Orion Rummler for The 19th
* Alejandra Caraballo (@Esqueer_), Twitter
Prefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.
Sponsored by:
NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.com

Many readers of Original Jurisdiction, who subscribed to this newsletter because of my coverage of free-speech controversies at law schools, are deeply interested in—and firmly committed—to the First Amendment and free speech. If you’re one of these readers, then you’ll enjoy my latest podcast episode: a conversation with Professor Nadine Strossen, one of our country’s leading scholars—and staunchest defenders—of civil liberties, including but not limited to free speech.
From 1991 to 2008, Nadine served as President of the American Civil Liberties Union (ACLU). She taught constitutional law for many years at New York Law School, where she was the John Marshall Harlan II Professor of Law, and she is the author of Hate: Why We Should Resist It with Free Speech, Not Censorship (2018). Her latest book, Free Speech: What Everyone Needs to Know, will be published this fall.
In our conversation, Nadine and I discussed her fascinating family background, including the fact that her father was a Holocaust survivor; her early legal career, which included time at Sullivan & Cromwell; and her assessment of the state of free speech in the United States today, which faces threats from both the right and the left. We also engaged in a debate in which I played the role of devil’s advocate, presenting what I think are the strongest arguments for speech restrictions—and Nadine eloquently defended free expression and open discourse, as she has done for decades.
I’m so grateful to Nadine—for joining me on the podcast, and for all her work over the years in defense of free speech and other core civil liberties. You can listen to the podcast via the embed at the top of this post or your podcasting platform of choice.
Show Notes:
* Nadine Strossen bio, New York Law School
* Nadine Strossen profile and recent writings, Foundation for Individual Rights and Expression (FIRE)
* The First Amendment Is the Greatest Defense for the Powerless and Marginalized, by Jacob Mchangama and Nadine Strossen for the Daily Beast
* Make Freedom of Speech Liberal Again, by Tunku Varadarajan for the Wall Street Journal
Prefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.
Sponsored by:
NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.com

Who is the leading public intellectual of the Supreme Court bar? Neal Katyal—Hogan Lovells partner, Georgetown Law professor, and former Acting Solicitor General—would have a very strong claim to the title.
Many SCOTUS advocates focus on winning high-court cases for their clients, but Neal aspires to more: he contributes to our national discourse. His scholarship has been published in top law reviews, including the Harvard Law Review and Yale Law Journal. He writes op-eds for leading newspapers, including the New York Times and Washington Post. He authored a Times bestseller, Impeach: The Case Against Donald Trump. He makes frequent appearances on television and radio as a legal-affairs commentator. He comments on the news of the day to his more than 800,000 Twitter followers. And later this year, he’s coming to Substack—exciting news that he shared in my recent podcast interview of him.
I’ve known Neal for a long time, and I’d been wanting to have him on the show for a while. Now turned out to be a great time, for two reasons. First, just last week, he made his 50th oral argument before the Supreme Court—a major milestone that few SCOTUS advocates can claim. Second, May is Asian American and Pacific Islander (AAPI) Heritage Month, and Neal has argued more Supreme Court cases than any other AAPI lawyer—or, for that matter, any other lawyer of color. Congratulations to Neal on his 50th SCOTUS argument, and thanks to him for taking the time to join me.
Show Notes:
* Neal Katyal bio, Hogan Lovells US LLP
* Neal K. Katyal bio, Georgetown Law
* Neal Kumar Katyal, Oyez
* Neal K. Katyal, Chambers and Partners
* Hogan Lovells Partner Neal Katyal Celebrates 50th Supreme Court Oral Argument, National Law Journal
Prefer reading to listening? For paid subscribers, a transcript of the entire episode appears below.
Sponsored by:
NexFirm helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

If you’ve been defamed, and it don’t look good, who you gonna call?
Clare Locke (if you can afford them). Founded in 2014 by Tom Clare and Libby Locke, who left the partnership of Kirkland & Ellis to build a plaintiff-side defamation practice free from the constraints of Biglaw, Clare Locke has become the go-to firm for major corporations and high-net-worth individuals who have suffered reputational attacks.
I’ve known Tom and Libby for years, and I’ve been meaning to invite them on the podcast for a long time. After they secured what’s believed to be the largest defamation settlement in history—$787.5 million for their client, Dominion Voting Systems, in the landmark litigation of Dominion v. Fox—I couldn’t wait any longer.
So this is actually a bonus episode. I usually post episodes every other Wednesday, I posted an episode last week, and my next episode—which also has an amazing guest—will go live next Wednesday, May 3. But in light of last week’s Dominion settlement, I didn’t want to delay, so I’m slipping in this episode now.
It’s also a double episode, which is why it’s longer than usual—but worth it. I interview Libby and Tom about their interesting personal and professional backgrounds; their decision to leave Kirkland to launch a boutique firm, including why it would be impossible to have a practice like theirs in Biglaw; what it’s like to practice alongside your spouse; how they got involved in the Dominion case, including why the settlement was so darn large; and the future of New York Times v. Sullivan.
In the interest of getting this out in timely fashion, I have not included in a transcript. It’s surprisingly laborious to clean up the auto-generated transcript, since the voice-recognition technology has a long way to go. So if you’d like to get the substance of our fascinating conversation, please listen to our dulcet tones, via the embed at the top of this post or in your podcast player of choice. Enjoy!
Show Notes:
* Thomas A. Clare bio, Clare Locke LLP
* Elizabeth M. Locke bio, Clare Locke LLP
* ‘Brilliant and Lucky’: Clare Locke Makes Headlines by Keeping Clients Out of Them, American Lawyer
* Winning Litigators: Tom Clare & Libby Locke, Clare Locke, National Law Journal
* Clare Locke LLP, Chambers and Partners
Sponsored by NexFirm, which helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.


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In the last episode of this podcast, I wondered: are boutiques the future of litigation? If you’re looking to make that case, today’s guest would be a star witness.
Last week, leading litigator Christopher Clark left Latham & Watkins, one of Biglaw’s biggest and best names, to launch his own boutique. Together with Patrick Smith, a former colleague of his from the U.S. Attorney’s Office, and Rodney Villazor, another former federal prosecutor, Clark is a founding partner of Clark Smith Villazor.
For this new podcast episode, Clark and I discussed his time at the U.S. Attorney’s Office for the Southern District of New York, which he joined right after clerking; his time in Biglaw, including Dewey & LeBoeuf during its downfall; why he admires his most controversial client, Hunter Biden; helpful advice for representing billionaires; and, finally, a key skill for success as a lawyer—which, sadly, many lawyers overlook.
Thanks to Chris Clark for joining me, and good luck to him, Patrick, and Rodney, as they launch and grow their new firm.
Sponsored by NexFirm, which helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.

This is a free preview of a paid episode. To hear more, visit davidlat.substack.com

Are boutique firms the future of litigation? Compared to many of their Biglaw counterparts, they’re often more nimble, innovative, and willing to take risks. Unattached to giant transactional practices, they have fewer conflicts and other client-related concerns, allowing them to take on interesting, cutting-edge cases that Biglaw firms might pass on to avoid controversy.
Founded and staffed by lawyers who left top Biglaw firms, elite boutiques can offer the same if not better lawyering and client service, frequently under more favorable or flexible fee arrangements. And from the perspective of the talent, boutiques often boast enhanced collegiality among partners and partnership prospects for associates.
How do former Biglaw partners build a world-class boutique? I recently spoke with Steven Molo, one of the top courtroom advocates in the country, about how he and Jeffrey Lamken, a leading Supreme Court lawyer, launched MoloLamken in 2009—and turned it into one of the finest litigation firms in the United States, if not the world. We discussed their vision for the firm at its founding, their approach to hiring and retaining talent, how they’ve managed to cultivate diversity in their firm’s ranks, and several current issues in the news, including law school culture wars and the pandemic’s effect on the legal profession. Thanks to Steve for his time, insight, and friendship over the years.
Sponsored by NexFirm, which helps Biglaw attorneys become founding partners. To learn more about how NexFirm can help you launch your firm, call 212-292-1000 or email careerdevelopment@nexfirm.com.