Winning For Workers Before A Conservative Court: Jennifer Bennett

Sarah Isgur is one of the busiest people in legal media. She hosts the delightful Advisory Opinions podcast (on which I sometimes appear); serves as an editor of SCOTUSblog, the leading online outlet covering the Supreme Court; and appears regularly on ABC’s This Week with George Stephanopoulos. And now, as of yesterday, she’s a first-time author.The thesis of Sarah’s new book—Last Branch Standing: A Potentially Surprising, Occasionally Witty Journey Inside Today's Supreme Court—is deceptively simple: almost everything the media tells you about SCOTUS is wrong. The conventional 6-3 framing obscures far more than it reveals. And compared to Congress and the presidency, the Court is genuinely trying to do its job.In our wide-ranging conversation, we covered Sarah's unconventional path to legal media (she was inspired by Legally Blonde to apply to Harvard Law School, and was fired from the DOJ and CNN before reinventing herself at The Dispatch); her book’s core argument, which will be controversial in some quarters; Justice Sotomayor’s recent, pointed criticism of Justice Kavanaugh; and possible picks for the next Supreme Court justice and attorney general. Thanks to Sarah for joining me, and congratulations to her on the publication of Last Branch Standing—a must-read for anyone interested in the U.S. Supreme Court. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

My latest guest is an acclaimed appellate and Supreme Court advocate, Jennifer Bennett of Gupta Wessler. To introduce her, I’m going to turn over the floor to a former podcast guest: Judge Vince Chhabria (N.D. Cal.), for whom Bennett clerked. When I mentioned to Judge Chhabria that I was going to be interviewing Jennifer, he immediately moved into testimonial mode:"Funny, I was going to email you to suggest that you interview her! She is truly one of one. She recently won her fourth Supreme Court case, GEO Group v. Menocal. Despite representing workers in all four of her cases (the first three on arbitration), she has won all four of them, and each one of them has been unanimous. In other words, this lawyer for working people has never lost a vote in her four cases on behalf of working people at the current Supreme Court!She also just argued her fifth case at the Court, Flowers Foods, Inc. v. Brock—the arbitration case about ‘last-mile’ drivers. It seems like she might win that one, too.Jenn was my very first law clerk—I refer to her as Chhabria Clerk Zero. For around three months, before the other law clerks started, it was just me and her in chambers, sifting through our new cases and figuring out how to handle them.Steve Berzon came to my informal swearing-in, I was lamenting not having immediate law clerk help, and he mentioned that this person who clerked for [Judges] Marsha [Berzon] and Jesse [Furman] had about six months to kill before starting a fellowship at Public Justice and might be interested. I was so lucky to have Jenn. Given how amazing she is and given her experience in Jesse’s chambers, she was able to get me up and running in a way that would have been impossible otherwise. She played a big role in teaching me how to be a good district judge."Thanks to Judge Chhabria for the intro, and thanks to Jenn for joining me.Show Notes:* Jennifer Bennett bio, Gupta Wessler LLP* High Court Bar’s Future: Gupta Wessler’s Jennifer Bennett, by Jeff Overley for Law360* US Supreme Court weighs bid to narrow worker arbitration exemption, by Daniel Wiessner for ReutersPrefer 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 [email protected]. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

I’ve interviewed many law firm leaders on this podcast, usually from one of two extremes: brand-new boutiques or long-established Biglaw institutions. But the most interesting moment in a firm’s history may be the middle—when the early bets have paid off, but the long-term trajectory is still unfolding.That’s where Glenn Agre Bergman & Fuentes is today. Founded in February 2021, in the depths of the pandemic, the firm is now one of the nation’s leading boutiques—and recently marked its fifth anniversary with a celebration at The Pool, a fabulous venue inside the landmark Seagram Building.I was there at the invitation of my longtime friend Jed Bergman—a former Wachtell Lipton colleague and co-founder of Glenn Agre, where he recently became the chair of litigation. After catching up at the party, I invited Jed to join me on the podcast to talk about what it’s like to be five years into building a firm.Five years is a revealing moment: long enough to have learned lessons, but early enough that the future remains wide open. Jed and I discussed why he and his partners launched Glenn Agre, what he knows now that he didn’t then, where the firm is headed—and why he thinks AI could give boutiques a competitive edge over Biglaw.Congratulations to Jed and his partners on the milestone—and best of luck in the years ahead.Show Notes:* Jed I. Bergman bio, Glenn Agre Bergman & Fuentes LLP* Jed Bergman profile, Legal 500* Jed I. Bergman Appointed Chair of Litigation Department at Glenn Agre Bergman & Fuentes LLP, PR NewswirePrefer 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 [email protected]. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

Over the three decades that I’ve been in and around the legal profession, one of the most interesting developments has been the rise of what I’d call “The Modern Attorney General.”Years ago, the typical state attorney general had a fairly sleepy role. Much of the job was reactive—enforcing criminal laws or defending state statutes in court—and focused on in-state developments.Today, the office looks very different. State attorneys general have harnessed their powers to pursue aggressive affirmative agendas, from policing entire industries to serving as a check on the federal government. Many AGs are now national figures who play a major role in shaping law and policy—whether it’s red-state AGs suing the Biden administration or blue-state AGs suing the Trump administration.As a proud resident of the Garden State, I’m especially interested in the New Jersey Attorney General’s office—one of the most powerful in the country. So I was delighted to interview Matthew Platkin, New Jersey’s 62nd attorney general. During his four years in office, which ended in January, Matt handled dozens of high-profile cases, including multiple matters that reached the U.S. Supreme Court.Last month, Matt returned to the private sector and launched Platkin LLP, a mission-driven firm he co-founded with former colleagues from the New Jersey AG’s office. In Matt’s words, the firm will “hold the world’s most powerful corporations and institutions accountable when they break the law and harm the public.”Thanks to Matt for his service as New Jersey AG—not without controversies, some of which we discussed—and for joining me on the podcast.Show Notes:* Matt Platkin bio, Platkin LLP* Platkin: ‘I said from day one that I was going to pursue justice,’ by Briana Vannozzi for NJ Spotlight News* Former New Jersey attorney general launches new law firm, by David Thomas for ReutersPrefer 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 [email protected]. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit davidlat.substack.com/subscribe

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comLast month, Michael Gerstenzang concluded a nine-year run as managing partner of Cleary Gottlieb, one of the world’s leading law firms. During his tenure, he guided the firm through the Covid-19 pandemic, geopolitical turbulence, and the early stages of the AI transformation—an area where Cleary has emerged as an industry leader, reflected in its development of ClearyX and acquisition of Springbok AI.In this episode, Michael shares insights on firm leadership, the increasingly active lateral market, and how AI is already transforming—and will continue to transform—the hiring, training, and day-to-day work of lawyers. I learned a tremendous amount from our conversation, and I’m grateful to Michael for his thoughtful perspectives.Show Notes:* Michael A. Gerstenzang bio, Cleary Gottlieb Steen & Hamilton LLP* Thoughts on Managing the AI Transformation, by Michael A. Gerstenzang for Cleary Gottlieb* Cleary Makes Generative AI Play With Springbok Legal Tech Buy, by Roy Strom for Bloomberg LawPrefer 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 [email protected].

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comIf you’re my age, you’ll recall the story of Bernhard Goetz. On a New York City subway car on December 22, 1984, Goetz shot four Black teenagers from the Bronx at point-blank range. Accused of attempted murder, Goetz went to trial—and was acquitted on the most serious charges, after claiming he acted in self-defense.Goetz became internationally famous—or infamous, as the case may be—and folks who were around in the ‘80s will surely be interested in looking back on his case, seeing where he is now, and the like. But even if you’re not familiar with Bernie Goetz, the issues his actions raised remain very relevant to our current moment.If you’re interested in exploring these important subjects, I have a reading recommendation for you: Five Bullets: The Story of Bernie Goetz, New York’s Explosive ‘80s, and the Subway Vigilante Trial That Divided the Nation, by Elliot Williams. A former prosecutor turned CNN legal analyst, Williams is perfectly positioned to delve into the Goetz case—and connect it to current controversies.Thanks to Elliot for writing Five Bullets. And thanks to him for joining me—for a wide-ranging discussion covering his fascinating career as a lawyer turned journalist, his compelling new book, the Goetz case, and what’s going on right now in Minnesota (Elliot is a former senior official at ICE)—on the Original Jurisdiction podcast.Show Notes:* Elliot Williams bio, Penguin Random House* Five Bullets: The Story of Bernie Goetz, New York’s Explosive ‘80s, and the Subway Vigilante Trial That Divided the Nation, Amazon* The Subway Vigilante Who Never Left Is Back (gift link), by David Segal for The New York TimesPrefer 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 [email protected].

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comHow would you react if you saw Jack Smith, the former special counsel who prosecuted Donald Trump, at Costco?It might just happen. Last week, Jack Smith launched his own litigation boutique, along with three other former federal prosecutors: Timothy Heaphy, David Harbach, and Thomas Windom. A new law firm is like a startup, where the founders have to do many things themselves—so on Tuesday of last week, Tim Heaphy and two of his partners went to Costco to buy paper towels. Jack Smith didn’t join them—he was busy preparing for his testimony before the House Judiciary Committee, taking place tomorrow—but according to Heaphy, Smith’s on deck for the next Costco run.This was one of several fun tidbits that Tim Heaphy (pronounced HAY-fee) shared with me in the latest episode of the OJ podcast. We covered a number of interesting subjects, including Heaphy’s service as both a U.S. attorney (W.D. Va.) and as chief investigative counsel to the House Select Committee to Investigate the January 6th Attack; what Heaphy, a former partner at Willkie Farr, thought about the firm’s settlement with the Trump administration; and what the mysterious Jack Smith is like as a person.This is an episode you won’t want to miss—especially if you’re interested in the intersection of law and politics during the second Trump administration.Show Notes:* Timothy J. Heaphy bio, Heaphy, Smith, Harbach & Windom LLP​* Jack Smith’s New Venture Shuns Label as Anti-Trump Attack Dog, by Justin Henry for Bloomberg Law* Jack Smith’s New Law Firm Opens Its Doors, by Abigail Adcox for Law.comPrefer 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 [email protected].

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comWelcome to the first Original Jurisdiction podcast episode of the new year, an opportune time to both reflect on 2025 and look ahead to 2026. To kick things off, I decided I wanted to interview a Biglaw leader, to get a sense of both the challenges and opportunities facing large law firms today.I was delighted to be joined by Jon Van Gorp, who has served as the chair of Mayer Brown since 2021. A member of both the Am Law 100 and the Vault 100, Mayer Brown has around 2,000 lawyers, $2 billion in revenue, and 150 years of history. As for Jon, he’s a Chambers-ranked, leading practitioner in structured finance—and we began our conversation by discussing his distinguished career in practice.We then moved on to discuss his leadership of Mayer Brown, which Jon views as a way of giving back to an institution that has given so much to him. We covered his approach to leadership, the firm’s strategic plan, and its approach to AI adoption.But Jon was also willing to tackle topics that other Biglaw leaders have been avoiding, such as partner pay and the (rather fraught) relationship between the Trump administration and large law firms. Thanks to Jon for his time, insight, and willingness to discuss delicate—but incredibly important—issues.Show Notes:* Jon D. Van Gorp bio, Mayer Brown LLP* Beyond cold hard cash, warm fuzzies are the way to a lawyer’s heart, firm chair says, by Jenna Greene for Reuters* Mayer Brown Chair On Why Law Leaders Need To Listen More, by Kevin Penton for Law360Prefer 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 [email protected].

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comEvery time you ask a question of your AI assistant, it gets sent to a data center, where the response is generated before getting sent back to you. These data centers are critical to the AI revolution. The biggest data-center campuses occupy dozens of acres, span millions of square feet, and cost billions of dollars.And they wouldn’t exist without the work of lawyers. For insight into the complex transactions that bring these data centers into existence, I interviewed Steven Messina, a longtime partner at Skadden Arps and global head of the firm’s banking group (soon to be renamed the finance group, reflecting the evolution of the sector beyond commercial banks).In our conversation, Steve and I discussed how these billion-dollar data centers get financed. But we covered a number of other topics as well, including the evolution of both the finance industry and Biglaw over the past three decades. If you’re interested in technology, business, or law, this is an episode you won’t want to miss.Show Notes:* Steven Messina bio, Skadden, Arps, Slate, Meagher & Flom LLP* Hyperscaler Data Centers: Financing Solutions for Large-Scale Projects, by Steven Messina, Aryan Moniri, David L. Nagler, and Jared S. DubPrefer 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 [email protected].

This is a free preview of a paid episode. To hear more, visit davidlat.substack.comDuring the three-plus years that I’ve been hosting this podcast, I’ve welcomed a diverse range of guests. They’ve exhibited demographic diversity, of course, but also other forms of diversity—including diversity of opinion and experience.So I was embarrassed when I recently noticed that although I’ve interviewed more than a dozen current and former judges, only two have sat on state courts (and by the time I interviewed them, those judges—Rolando Acosta and Debra Wong Yang—had left the bench). Put another way, I have not, until today, hosted a sitting state-court judge—a considerable omission, considering the significance of state courts. As noted by the National Center for State Courts, “State courts play a critical role in our democracy, handling about 96 percent of all legal cases in the United States.”I set out to remedy this gap—and was delighted when Justice David Wecht, a longtime friend, agreed to join me. He’s a timely guest: last month, he and two of his colleagues were reelected to the Pennsylvania Supreme Court, for which I named them Judges of the Week. Why? Their court is one of the most important state courts in the country—for reasons I discussed with Justice Wecht on the episode.In our conversation, we also covered the justice’s interesting path to the Pennsylvania high court; why he believes young (and not-so-young) lawyers should get involved with their communities; certain unique features of the Pennsylvania Constitution, as well as its relationship to the U.S. Constitution; and, of course, his recent reelection to the Pennsylvania Supreme Court.Congratulations to Justice Wecht on his reelection—and thanks to him for joining me.Show Notes:* Justice David N. Wecht bio, The Unified Judicial System of Pennsylvania* Approach The Bench: Justice Wecht On Judicial Campaigns, by Cara Bayles and Steven Trader for Law360* Law Day Shabbat: Address by Justice David Wecht, Temple Israel, Wilkes-BarrePrefer 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 [email protected].