Microsoft Layoffs Hit In-House Counsel – Is AI Disruption To Blame? – Above the Law

Talk
about
how
artificial
intelligence
will
someday
take
lawyers’
jobs
has
long
been
dismissed
as
much
ado
about
nothing

until
now.

Microsoft
has
been
conducting
layoffs
across
the
company
across
the
globe
since
mid-May,
and
while
in-house
attorneys
are
typically
safe
from
such
employment
woes,
the
rise
of
AI
may
be
to
blame
when
it
comes
to
the
companies
latest
cuts.
Microsoft
President
Brad
Smith
has
given
mixed
messages
about
whether
artificial
intelligence
was
behind
the
company’s
decision
to
conduct
layoffs,
first
saying
that
AI
was
“not
a
predominant
factor”
in
the
move,
and
later
saying
that
“[s]uccess
in
life

is
always
about
prioritization,
and
it’s
always
about
investing
in
the
future.”

To
date,
the
tech
company
has
laid
off
dozens
of
lawyers.

Corporate
Counsel

has
the
details
on
the
scope
of
the
layoffs
for
legal:

Microsoft
has
laid
off
15,000
employees
across
the
globe
since
mid-May.
Just
in
the
tech
giant’s
home
state
of
Washington,
the
reductions
have
cost
at
least
32
company
attorneys
and
five
paralegals
their
jobs,
according
to
state
filings
obtained
by
Law.com.

A
layoff
notice
filed
with
the
state’s
Employment
Security
Department
shows
that
at
least
22
attorneys
and
five
paralegals
were
among
305
Redmond,
Washington,
employees
laid
off
after
Microsoft
announced
6,000
job
cuts
on
May
13.
The
second
round
of
layoffs,
announced
July
2,
displaced
9,000
more
workers,
830
of
them
in
Redmond,
Seattle
or
Bellevue.
At
least
10
of
the
830
were
lawyers,
a
layoff
notice
shows.

As
further
noted
by
Corporate
Counsel,
based
on
the
ratio
of
legal
layoffs
to
total
layoffs
at
Microsoft’s
headquarters
(3.1%),
the
company
could
potentially
be
looking
at
worldwide
legal
layoffs
in
the
hundreds,
about
465
legal
jobs,
to
be
exact.
Sean
Burke,
founding
partner
of
recruiting
firm
Whistler
Partners,
who
places
tech
attorneys
at
startups,
said
that
while
“[t]here’s
no
AI
that
completely
replaces
the
lawyer,”
he
thinks
the
lawyers
who
lost
their
jobs
may
be
on
the
younger
side.
“My
guess
is
that
the
lion’s
share
of
laid-off
attorneys
at
Microsoft
are
in
the
bottom
tranche,
lawyers
three
to
seven
years
out
of
law
school
that
are
more
easily
replaced,
where
you
can
get
less
lawyers
to
do
more
using
AI,”
he
said.

Best
of
luck
to
all
of
the
in-house
counsel
at
Microsoft
who
may
have
lost
their
jobs
thanks
to
AI
disruption.

If
your
firm
or
organization
is
reducing
the
ranks
of
its
lawyers
or
staff,
whether
through
deferrals,
open
layoffs,
stealth
layoffs,
or
voluntary
buyouts,
please
don’t
hesitate
to
let
us
know.
Our
vast
network
of
tipsters
is
part
of
what
makes
Above
the
Law
thrive.
You
can email
us
 or
text
us
(646-820-8477).
Thank
you
for
your
assistance.

If
you’d
like
to
sign
up
for
ATL’s
Layoff
Alerts,
please
scroll
down
and
enter
your
email
address
in
the
box
below
this
post.
If
you
previously
signed
up
for
the
layoff
alerts,
you
don’t
need
to
do
anything.
You’ll
receive
an
email
notification
within
minutes
of
each
layoff
announcement
that
we
publish.


Microsoft
Layoffs
Hit
Legal
Department
as
AI
Reshapes
Staffing
Strategy

[Corporate
Counsel]


Staci Zaretsky




Staci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

How One 1990s Browser Decision Created Big Tech’s Data Monopolies (And How We Might Finally Fix It) – Above the Law

There’s
a
fundamental
architectural
flaw
in
how
the
internet
works
that
most
people
have
never
heard
of,
but
it
explains
nearly
every
frustration
you
have
with
modern
technology.
Why
your
photos
are
trapped
in
Apple’s
ecosystem.
Why
you
can’t
easily
move
data
between
apps.
Why
every
promising
new
service
starts
from
scratch,
knowing
nothing
about
you.
And
most
importantly,
why
AI—for
all
its
revolutionary
potential—risks
making
Big
Tech
even
bigger
instead
of
putting
powerful
tools
in
your
hands.

Former
Google
and
Stripe
executive
Alex
Komoroske
(who
recently
wrote
for
us
about
why
the
future
of
AI need
not
be
centralized
)
has
written an
equally
brilliant
analysis
 that
traces
all
of
these
problems
back
to
something
called
the
“same
origin
paradigm”—a
quick
security
fix
that
Netscape’s
browser
team
implemented
one
night
in
the
1990s
that
somehow
became
the
invisible
physics
governing
all
modern
software.

The
same
origin
paradigm
is
simple
but
devastating:
Every
website
and
app
exists
in
its
own
completely
isolated
universe.
Amazon
and
Google
might
as
well
be
on
different
planets
as
far
as
your
browser
is
concerned.
The
Instagram
app
and
the
Uber
app
on
your
phone
can
never
directly
share
information.
This
isolation
was
meant
to
keep
you
safe,
but
it
created
something
Komoroske
calls
“the
aggregation
ratchet”—a
system
where
data
naturally
flows
toward
whoever
can
accumulate
the
most
of
it.

This
is
a
much
clearer
explanation
of
a
problem I
identified
almost
two
decades
ago
—the
fundamental
absurdity
of
having
to
keep
uploading
the
same
data
to
new
services,
rather
than
being
able
to
tell
a
service
to
access
our
data
at
a
specific
location
on
the
internet.
Back
then,
I
argued
that
the
entire
point
of
the
open
internet
shouldn’t
be
locking
up
data
in
private
silos,
but
enabling
users
to
control
their
data
and
grant
services
access
to
it
on
their
own
terms,
for
their
own
benefit.

What
Komoroske’s
analysis
reveals
is
the
architectural
root
cause
of
why
that
vision
failed.
The
“promise”
of
what
we
optimistically
called
“the
cloud”
was
that
you
could
more
easily
connect
data
and
services.
The
reality
became
a
land
grab
by
internet
giants
to
collect
and
hold
all
the
data
they
could.
Now
we
understand
why:
the
same
origin
paradigm
made
the
centralized
approach
the
path
of
least
resistance.

As
Komoroske
explains,
this
architectural
choice
creates
an
impossible
constraint
for
system
designers.


This
creates
what
I
call
the
iron
triangle
of
modern
software.
It’s
a
constraint
that
binds
the
hands
of
system
designers—the
architects
of
operating
systems
and
browsers
we
all
depend
on.
These
designers
face
an
impossible
choice.
They
can
build
systems
that
support:


  1. Sensitive
    data
    (your
    emails,
    photos,
    documents)

  2. Network
    access
    (ability
    to
    communicate
    with
    servers)

  3. Untrusted
    code
    (software
    from
    developers
    you
    don’t
    know)


But
they
can
only
enable
two
at
once—never
all
three.
If
untrusted
code
can
both
access
your
sensitive
data
and
communicate
over
the
network,
it
could
steal
everything
and
send
it
anywhere.


So
system
designers
picked
safety
through
isolation.
Each
app
becomes
a
fortress—secure
but
solitary.
Want
to
use
a
cool
new
photo
organization
tool?
The
browser
or
operating
system
forces
a
stark
choice:
Either
trust
it
completely
with
your
data
(sacrificing
the
“untrusted”
part),
or
keep
your
data
out
of
it
entirely
(sacrificing
functionality).


Even
when
you
grant
an
app
or
website
permission
only
to
look
at
your
photos,
you’re
not
really
saying,
“You
can
use
my
photos
for
this
specific
purpose.”
You’re
saying,
“I
trust
whoever
controls
this
origin,
now
and
forever,
to
do
anything
they
want
with
my
photos,
including
sending
them
anywhere.”
It’s
an
all-or-nothing
proposition.

This
creates
massive
friction
every
time
data
needs
to
move
between
services.
But
that
friction
doesn’t
just
slow
things
down—it
fundamentally
reshapes
where
data
accumulates.
The
service
with
the
most
data
can
provide
the
most
value,
which
attracts
more
users,
which
generates
more
data.
Each
click
of
the
ratchet
makes
it
harder
for
new
entrants
to
compete.


Consider
how
you
might
plan
a
trip:
You’ve
got
flights
in
your
email,
hotel
confirmations
in
another
app,
restaurant
recommendations
in
a
Google
document,
your
calendar
in
yet
another
tool.
Every
time
you
need
to
connect
these
pieces
you
have
to
manually
copy,
paste,
reformat,
repeat.
So
you
grant
one
service
(like
Google)
access
to
all
of
this.
Suddenly
there’s
no
friction.
Everything
just
works.
Later,
when
it
comes
time
to
share
your
trip
details
with
your
fellow
travelers,
you
follow
the
path
of
least
resistance.
It’s
simply
easier
to
use
the
service
that
already
knows
your
preferences,
history,
and
context.


The
service
with
the
most
data
can
provide
the
most
value,
which
attracts
more
users,
which
generates
more
data.
Each
click
of
the
ratchet
makes
it
harder
for
new
entrants
to
compete.
The
big
get
bigger
not
because
they’re
necessarily
better,
but
because
the
physics
of
the
system
tilts
the
playing
field
in
their
favor.


This
isn’t
conspiracy
or
malice.
It’s
emergent
behavior
from
architectural
choices.
Water
flows
downhill.
Software
with
the
same
origin
paradigm
aggregates
around
a
few
dominant
platforms.

Enter
artificial
intelligence.
As
Komoroske
notes,
AI
represents
something
genuinely
new:
it
makes
software
creation
effectively
free.
We’re
entering
an
era
of
“infinite
software”—endless
custom
tools
tailored
to
every
conceivable
need.


AI
needs
context
to
be
useful.
An
AI
that
can
see
your
calendar,
email,
and
documents
together
might
actually
help
you
plan
your
day.
One
that
only
sees
fragments
is
just
another
chatbot
spouting
generic
advice.
But
our
current
security
model—with
policies
attached
at
the
app
level—makes
sharing
context
an
all-or-nothing
gamble.


So
what
happens?
What
always
happens:
The
path
of
least
resistance
is
to
put
all
the
data
in
one
place.


Think
about
what
we’re
trading
away:
Instead
of
the
malleable,
personal
tools
that
Litt
envisions,
we
get
one-size-fits-all
assistants
that
require
us
to
trust
megacorporations
with
our
most
intimate
data.
The
same
physics
that
turned
social
media
into
a
few
giant
platforms
is
about
to
do
the
same
thing
to
AI.


We
only
accept
this
bad
trade
because
it’s
all
we
know.
It’s
an
architectural
choice
made
before
many
of
us
were
born.
But
it
doesn’t
have
to
be
this
way—not
anymore.

But
here’s
the
hopeful
part:
the
technical
pieces
for
a
fundamentally
different
approach
are
finally
emerging.
The
hopes
I
had
two
decades
ago
about
the
cloud
being
able
to
separate
us
from
having
to
let
services
collect
and
control
all
our
data
may
finally
be
possible.

Perhaps
most
interestingly,
Komoroske
argues
that
the
technological
element
that
makes
this
possible
is
the
secure
enclaves
now
found
in
chips.
This
is
actually
a
tech
that
many
of
us were
concerned
 would
lead
to
the
death
of
general
purpose
computers,
and
give
more
power
to
the
large
companies.
Cory
Doctorow
has
warned
about
how
these
systems
can
be
abused—he
calls
them
Demon-haunted
computers
—but
could
we
also
use
that
same
tech
to
regain
control?

That’s
part
of
Komoroske’s
argument:


These
secure
enclaves
can
also
do
something
called
remote
attestation.
They
can
provide
cryptographic
proof—not
just
a
promise,
but
mathematical
proof—of
exactly
what
software
is
running
inside
them.
It’s
like
having
a
tamper-proof
seal
that
proves
the
code
handling
your
data
is
exactly
what
it
claims
to
be,
unmodified
and
uncompromised.


If
you
combine
these
ingredients
in
just
the
right
way,
what
this
enables,
for
the
first
time,
are
policies
attached
not
to
apps
but
to
data
itself.
Every
piece
of
data
could
carry
its
own
rules
about
how
it
can
be
used.
Your
photos
might
say,
“Analyze
me
locally
but
never
transmit
me.”
Your
calendar
might
allow,
“Extract
patterns
but
only
share
aggregated
insights
in
a
way
that
is
provably
anonymous.”
Your
emails
could
permit
reading
but
forbid
forwarding.
This
breaks
the
iron
triangle:
Untrusted
code
can
now
work
with
sensitive
data
and
have
network
access,
because
the
policies
themselves—not
the
app’s
origin—control
what
can
be
done
with
the
data.

Years
of
recognizing
that
Cory’s
warnings
are
usually
dead-on
accurate
has
me
approaching
this
embrace
of
secure
enclaves
with
some
amount
of
caution.
The
same
underlying
technologies
that
could
liberate
users
from
platform
silos
could
also
be
used
to
create
more
sophisticated
forms
of
control.
But
Komoroske’s
vision
represents
a
genuinely
different
deployment—using
these
tools
to
give
users
direct
control
over
their
own
data
and
to
cryptographically
limit
what
systems
can
do
with
that
data,
rather
than
giving
platforms
more
power
to
lock
things
down.
The
key
difference
is
who
controls
the
policies.
(And
I’m
genuinely
curious
to
hear
what
Cory
thinks
of
this
approach!)

The
vision
Komoroske
paints
is
compelling:
imagine
tools
that
feel
like
extensions
of
your
will,
private
by
default,
adapting
to
your
every
need—software
that
works for you,
not on you.
A
personal
research
assistant
that
understands
your
note-taking
system.
A
financial
tracker
designed
around
your
specific
approach
to
budgeting.
A
task
manager
that
reshapes
itself
around
your
changing
work
style.

To
the
extent
that
any
of
this
was
possible
before,
it
required
you
simply
handing
over
all
your
data
to
a
big
tech
firm.
The
possibility
of
being
able
to
separate
those
things…
is
exciting.

This
isn’t
just
about
better
apps.
It’s
about
a
fundamental
shift
in
the
power
dynamics
of
the
internet.
Instead
of
being
forced
to
choose
between
security
and
functionality,
between
privacy
and
convenience,
we
could
have
systems
where
those
aren’t
trade-offs
at
all.

The
same
origin
paradigm
got
us
here,
creating
the
conditions
for
data
monopolies
and
restricting
user
agency.
But
as
Komoroske
argues
in
both
the
piece
he
wrote
for
us
and
this
new
piece,
we
built
these
systems—we
can
build
better
ones.
We
might
finally
deliver
on
its
promises
of
user
empowerment
rather
than
further
concentration.

As
we’ve
argued
at
Techdirt
for
years,
the
internet
works
best
when
it
empowers
users
rather
than
platforms.
The
same-origin
paradigm
was
an
understandable
choice
given
the
constraints
of
the
1990s.
But
we’re
no
longer
bound
by
those
constraints.
The
tools
now
exist
to
put
users
back
in
control
of
their
data
and
their
digital
experiences.

We
can
move
past the
learned
helplessness
 that
has
characterized
the
last
decade
of
internet
discourse.
We
can
reject
the
false
choice
that
says
the
only
way
to
access
powerful
new
technologies
is
to
surrender
our
freedoms
to
tech
giants.
We
can
actually
build
toward
a
world
where
end
users
themselves
have both
the
power
and
control
.

We
just
need
to
embrace
that
opportunity,
rather
than
assuming
that
the
way
the
internet
has
worked
for
the
past
30
years
is
the
way
it
has
to
run
going
forward.


How
One
1990s
Browser
Decision
Created
Big
Tech’s
Data
Monopolies
(And
How
We
Might
Finally
Fix
It)


More
Law-Related
Stories
From
Techdirt:


The
IRS
Is
Building
A
Vast
System
To
Share
Millions
Of
Taxpayers’
Data
With
ICE


DHS
Abandons
Fighting
Actual
Crime
To
Focus
All
Of
Its
Attention
On
Undocumented
Migrants


UnitedHealth’s
Response
To
People
Cheering
Their
CEO’s
Murder:
Silence
The
Critics

Morning Docket: 07.18.25 – Above the Law

*
Wall
Street
Journal
found
a
Trump
birthday
message
for
his
buddy
Jeffrey
Epstein.
[WSJ]

*
In
response,
Bondi
will
now
release
a
vague
assortment
of
additional
Epstein
documents.
[BBC]

*
Bove
advances
out
of
committee
as
Republicans
suppress
whistleblower
inquiry.
[Roll
Call
]

*
Author
class
certified
in
suit
against
AI
manufacturer
over
material
downloaded
from
piracy
sites.
[Law360]

*
“When
Business
and
Culture
Collide,
Guess
the
Winner.”
[Law.com]

*
Judge
rules
FTC
commissioner
fired
illegally.
[Reuters]

*
Trump
creates
new
category
of
federal
worker
with
fewer
protections…
which
seems
unnecessary
since
the
Supreme
Court
is
letting
him
blow
past
the
protections
that
already
exist.
[Bloomberg
Law
News
]

*
Geragos
hit
with
$100k
fine.
[LA
Times
]

So Much For The Disclaimer – See Also – Above the Law

Biglaw
Associate
Fired
Despite
“These
Views
Are
My
Own”
Disclaimer:
Davis
Polk
won’t
even
let
associates
speak
their
minds
on
their
private
time.
Secret
ICE
Agents
And
Secret
Attorneys:
The
cover
of
anonymity
is
getting
green
lit
by
judges.
Don’t
Put
Too
Much
Trust
In
Antitrust:
If
the
DOJ
won’t
be
lax
on
antitrust,
Trump
could
do
it
himself!
So
Much
For
Protected
IP!:
Homeland
Security
doesn’t
care
about
that
anymore.
Some
Unexpected
Bar
Exam
Advice:
Shut
the
hell
up,
please
and
thanks.

Our Advertisers Are Great

There’s No Shame In Lateraling Early In Your Legal Career – Above the Law

(Image
via
Shutterstock)



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


According
to
a
recent
survey
conducted
by
the
National
Association
for
Law
Placement
on
law
school
graduates
from
class
of
2021,
what
percentage
have
already
changed
jobs
at
least
once
in
their
legal
career? 


Hint:
Only
13%
of
respondents
said
they
are
actively
looking
for
a
job.



See
the
answer
on
the
next
page.

What Will Antitrust Look Like Under Trump 2.0? – Above the Law

If
you
step
back
far
enough,
you
might
be
able
to
see
some
compatibility
between
a
Trump
presidency
and
strong
antitrust
policy.
Gotta
lower
those
egg
prices
somehow,
right?
But
as
you
get
closer,
his
affinity
for
deregulation
and

putting
big
business
at
the
front
row
of
his
inauguration

makes
it
a
little
harder
to
square
the
theories
that
usually
go
behind
using
antitrust
law
as
a
tool
to
fight
for
the
average
consumer.
While
Making
Antitrust
Great
Again
isn’t
an
impossible
road
to
travel,
the
terrain
is
looking
pretty
rough.

CBS
News

has
coverage:

Internal
friction
with
the
Justice
Department
team
that
fights
monopolies
has
led
to
private
conversations
in
the
Trump
administration
about
whether
to
push
out
some
staff
in
the
antitrust
division
or
to
work
to
smooth
out
the
issues,
according
to
multiple
sources
familiar
with
the
situation.

Gail
Slater,
who
in
March
took
charge
of
lawsuits
against
Capital
One,
Apple,
Google
and
other
major
companies
as
head
of
the
Justice
Department’s
antitrust
division,
still
has
support
from
some
top
officials
in
the
administration,
but
she
and
some
on
her
team
have
been
a
target
of
criticism
from
colleagues
and
business
leaders,
sources
inside
and
outside
the
administration
told
CBS
News. 

In
a
related
article,

Politico

managed
to
get
some
imput
that
puts
some
of
the
tension
in
focus:

“The
Republican
Party
has
two
forces
within
it,”
Fiona
Scott
Morton,
a
former
deputy
assistant
attorney
general
in
the
Obama
DOJ’s
antitrust
division,
told
DFD.
“The
money
people,
corporations
who
want
to
be
allowed
to
merge
anytime

and
then
there’s
the
populists
who
are
more
against
large
corporations.”

The
really
interesting
bit
is
that
Trump
could
be
the
final
decision
maker
at
the
end
of
the
day.
It’s
a
little
attenuated,
but
let’s
assume
for
the
sake
of
argument
that

Elon’s
plan
of
having
the
FTC
and
DOJ
antitrust
departments
collapse
in
on
each
other

and
the
DOJ
becoming
the
primary
antitrust
agency
goes
through.
Trustbustin’
would
be
weakened
generally,
but
the
DOJ
would
still
retain
the
authority
to
carry
out
criminal
antitrust
cases.
Say
there’s
some
egregious
anti-competitive
business
practicing
afoot
and
Zuckerberg
or
Bezos
or
their
companies
are
hit
hard
with
a
Sherman
Act
violation
and
fined
millions
of
dollars.
Couldn’t
Trump
just…
pardon
them
after
the
fact?
And
even
if
he
has
some
bad
blood
with
a
billionaire
that
could
get
hit
with
an
antitrust
violation
*cough
Elon
cough*,
surely
it’s

nothing
an
anonymous
investment
in
Trump’s
memecoin
couldn’t
fix
.
He
already
extended
the
pardon
power
to
corporations
back
when

he
pardoned
BitMEX
after
it
violated
the
Bank
Secrecy
Act
.
The
presidential
pardon
could
act
as
a
strong
check
and
balance
that
cuts
in
the
favor
of
big
business.


Tension
Over
Antitrust
Division
Crops
Up
Inside
Trump
Administration,
Sources
Say

[CBS
News]


What
‘America
First
Antitrust’
means
for
Big
Tech

[Politico]


Earlier
:

DOJ
And
FTC
Antitrust
Enforcement
May
Get
Merged
Together



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
is
learning
to
swim, is
interested
in
critical
race
theory,
philosophy,
and
humor,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected]
and
by
tweet
at @WritesForRent.

The Bar Exam, The Biter, And Borderless Acts Of Kindness – Above the Law

It’s
time
for
my
annual
(or
semi-annual,
if
you
have
to
take
the
February
bar
for
whatever
reason)
rant
about
the
bar
exam.
I
won’t
say
a
peep
about
the

disaster
that
was

the
February
California
Bar
Exam.
That
prompted
the
resignation
of
the
bar’s
executive
director.
Suffice
it
to
say
that
the
drubbing
the
bar
has
taken
from
every
corner
about
its
misfires
would
seem
to
ensure
that
the
various
FUBARS
won’t
happen
again,
at
least
hopefully
not
any
time
soon. 

I
have
only
one
rule
for
bar
examinees:
STFU.
What
do
I
mean?
Exactly
that.
Gag
yourself
if
you
are
tempted
to
get
into
any
kind
of
discussion
about
any
part
of
the
exam
and
how
you
answered
the
questions,
whether
they
are
multistate
or
essays
or
performance.
It’s
hard
enough
just
getting
through
the
exam
without
questioning
yourself
as
to
how
you
answered,
whether
you
missed
issues,
or
saw
issues
that
others
didn’t.

Do
not
under
any
circumstances
discuss
the
exam
or
any
part
of
the
exam
with
anyone
else,
whether
that
person
graduated
at
the
top
of
your
class
or
somewhere
below.
And
I
mean
anyone
else.
The
worst
thing
is
to
have
someone
discuss
very
confidently
how
he
answered
a
question
or
spotted
an
issue
in
a
particular
way
and
you
didn’t.
Don’t
assume
that
he’s
right
and
you’re
wrong.
Braggadocio
doesn’t
equate
to
bar
passage. 

STFU
during
exam
breaks
(no
need
to
increase
your
insecurity
level
which
is
already
close
to
exploding)
and
definitely
STFU
after
the
exam
is
over
for
obvious
reasons:
it’s
too
late
to
do
anything
(not
that
you
could
have
necessarily
done
any
more
studying
during
those
breaks),
and
you
don’t
need
to
spend
however
many
months
you
have
until
the
results
in
deep
depression.
The
die
has
been
cast. 

If
you
happen
to
be
in
the
presence
of
anyone
who
starts
to
discuss
the
exam,
run,
don’t
walk,
in
any
direction.
There’s
no
way
to
know
that
he’s
right
and
you’re
wrong,
and
isn’t
it
a
case
of
assuming
facts
not
in
evidence?
Let
it
go.
Don’t
perseverate.
Even
those
of
us
who
took
the
exam
decades
ago
can
still
remember
the
rampant
insecurity
felt
once
the
exam
ended.
Just
ask
any
dinosaur
lawyer.

Remember
when
we
were
kids
(regardless
of
when
that
was)
we
were
told
to
play
nicely
with
others,
no
kicking,
no
slapping,
no
biting
.”
Most
of
us
have
remembered
that
admonition
although
it’s
hard
when
opposing
counsel
tries
our
patience.
Nonetheless,
we
refrain.
But
one
Biglaw
summer
associate
did
not.
(I
am
most
definitely
not
making
this
up.)

It’s
hard
to
fathom
how
and
why
this
woman
decided
to
get
her
teeth
(literally)
into
the
summer
associate
program.
WTF?
If
you
are
making
a
positive
impression
in
the
hopes
of
landing
a
Biglaw
gig
after
law
school,
this
was
a
very
strange
way
to
go
about
it.
This
was
not
just
a
single
bite,
but
in
the
double
digits.
Was
the
associate
pissed
because
there
weren’t
enough
snacks?
Was
she
irritated
because
she
didn’t
have
enough
chances
to
be
wined
and
dined? 
(Even
Biglaw
firms
are
apparently
cutting
back
on
the
usual
summer
frolics.)
Was
she
a
literally
starving
law
student
who
salivated
at
opportunities
due
to
her
undiagnosed
hypoglycemia?
Has
anyone
ever
heard
of
this
before?
Where
does
this
conduct
fall
in
the
panoply
of
bizarro
summer
associate
stories? 

So,
in
a
classic
case
of
one
who
had
bitten
off
(literally)
more
than
she
could
chew,
she
was
let
go.
Should
she
receive
a

breakfast
of
“chompions”

award?
(Sorry,
Kurt
Vonnegut.
I
couldn’t
resist.)

Lastly,
what
struck
me
most
about
the
terrible
tragedies
in
the
Texas
Hill
Country
was
not
just
the
dreadful
loss
of
lives
and
of
those
still
missing,
but
how
people
came
together
to
do
what
they
could
to
help
in
so
many
varied
ways
too
numerous
to
count.
I
don’t
think
anyone
asked
about
political
affiliations,
how
they
had
voted
in
2024,
whether
they
were
Republican,
Democrat,
MAGA,
or
any
other
persuasion
of
whatever
kind.
People
from
across
the
border,
trained
firefighters
as
well
as
volunteers,

helped
as
well
.

There
was
one
goal
that
all
of
the
people
had
in
this
tragedy
and
that
was
to
help
in
whatever
ways
possible.
There
were
no
litmus
or
loyalty
tests,
just
neighbors,
friends,
and
strangers
who
saw
the
incredible
need
and
pitched
in.
Is
there
a
lesson
in
this
for
all
of
us?




Jill
Switzer
has
been
an
active
member
of
the
State
Bar
of
California
for
over
40
years.
She
remembers
practicing
law
in
a
kinder,
gentler
time.
She’s
had
a
diverse
legal
career,
including
stints
as
a
deputy
district
attorney,
a
solo
practice,
and
several
senior
in-house
gigs.
She
now
mediates
full-time,
which
gives
her
the
opportunity
to
see
dinosaurs,
millennials,
and
those
in-between
interact

it’s
not
always
civil.
You
can
reach
her
by
email
at





[email protected]
.

These Notorious Nine Biglaw Firms Will Never Be Able To Escape The Stench Of Their Trump Deals – Above the Law

‘I
won’t
let
people
forget
either!’
(Photo
by
DON
EMMERT/AFP
via
Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.

[The
fact
that
this
topic
has
remained
in
the
news]
reminds
firms
that
if
they
settle,
people
will
not
forget
quickly.
I
am
guessing
that
the
firms
that
settled
never
anticipated
the
extent
of
the
blowback
or
how
long
the
settlements
would
continue
to
be
front-of-mind
for
many
people.


The
fact
that
the
settlements
happened
at
all
was
extraordinary.
The
amount
of
free
legal
work
that
was
extracted
was
extraordinary.
Every
time
there
is
a
new
development
that
seems
remotely
related
to
those
settlements,
some
people
become
incensed
all
over
again.
Those
settlements
never
should
have
happened.







Leslie
Levin
,
a
legal
ethics
professor
at
the
University
of
Connecticut
School
of
Law
,
in
comments
given
to
the

American
Lawyer
,
on
the
lasting
impact
of
the
pro
bono
payola
deals
that
the
notorious
nine
Biglaw
firms



including Kirkland
&
Ellis
Latham
&
Watkins
SkaddenSimpson
Thacher
Paul
Weiss
MilbankWillkie
Farr
A&O
Shearman
;
and Cadwalader


signed
with
Donald
Trump
to
escape
or
get
out
from
under
odious
(and
unconstitutional)
executive
orders.


Staci Zaretsky




Staci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Saying The Quiet Part Loud: Some Potential Hard AI Truths For Legal – Above the Law

A
recent
Wall
Street
Journal
headline
caught
my
eye.
The
gist
of
the
article,
entitled


CEOs
Start
Saying
the
Quiet
Part
Out
Loud:
AI
Will
Wipe
Out
Jobs
,

is
what
it
sounds.
It
quotes
a
number
of
CEOs
to
the
effect
that
AI
is
going
to
massively
impact
white
collar
jobs.
The
article
further
points
out
that
these
leaders
have
until
recently
sugarcoated
the
impact
AI
will
have,
particularly
on
white
collar
jobs.
That
view
is
now
evolving
as
AI
becomes
increasingly
capable.
(These
realities
were
recently
brought
home
to
me
as
I
watched
two
very
fine
and
knowledgeable
people
at
Microsoft
get
laid
off.)

Lawyers
aren’t
immune
and
are
mentioned
by
one
industry
leader
in
the
article
as
being
ripe
for
downsizing.
Suffice
it
to
say
that
at
best,
AI
is
going
to
significantly
disrupt
white
collar
work
either
by
reducing
the
workforce
or
by
requiring
that
the
nature
of
white
collar
work
change.


A
More
Optimistic
View

A
second
article
I
saw,
one
by

Akshay
Verma
,
is
more
optimistic,
at
least
for
legal.
(The
article
appeared
in
the
Beacon,
a
Newsletter
of

Spotdraft
.)
Verma
says
that
automation
and
AI
will
free
up
time
historically
spent
on
administrative
burdens.
In
turn,
this
will
enable
freed
up
lawyers
to
deliver
greater
strategic
value.
He
cites
how
legal
ops
teams
had
a
similar
impact
as
a
result
of
the
Great
Recession.
Lawyers
will
become
“strategic
advisors,
risk
architects
and
business
enablers,”
according
to
Verma.

Verma’s
view
is
the
one
traditionally
heralded
in
the
legal
community:
AI
will
not
replace
lawyers,
it
will
replace
lawyers
that
don’t
use
it.
If
correct,
this
opportunity
combined
with
the
increased
workload
that
AI
is
bringing
to
legal
as
I
recently
discussed,
could
open
a
new
world
so
the
theory
goes.


But
Let’s
Not
Get
Ahead
of
Ourselves

But
before
we
go
too
far
down
that
optimistic
path,
let’s
consider
some
inconvenient
and
troubling
realities.
First,
it’s
true
that
at
least
for
the
time
being,
AI
is
resulting
in
more,
not
less,
work.
This
new
work
comes
from
matters
that
before
AI
could
simply
not
be
done
with
sufficient
efficiency
to
make
them
worthwhile
doing.
But
that
presently
untapped
work
will
at
some
point
be
exhausted,
however.
The
question
will
then
be
whether
there
is
even
still
more
untapped
work
out
there
to
replace
it.
Or
will
there
be
entirely
new
categories
of
work
that
AI
still
can’t
do
well?

Which
raises
a
second
point.
As
we
move
forward,
AI
will
be
able
to
take
and
do
increasingly
more
difficult
and
complex
tasks.
If
true,
AI
could
erode
some
of
the
human
tasks
that
today
us
humans
must
do
because
AI
can’t.
So,
the
new
work
that
AI
generates
may
one
day
be
cannibalized
by
AI.
While
today,
AI
is
creating
more
work,
tomorrow
it
may
do
that
work.

Which
brings
me
to
a
third
potential
reality.
Yes,
AI
will
free
up
lawyers
to
do
more
strategic
and
visionary
things.
The
kinds
of
things
Verma
envisions
them
doing.
But
two
things.
First,
the
standard
reasoning
is
no
doubt
true:
AI
will
no
doubt
give
all
of
us
more
time
to
do
the
visionary
thing.
It
already
has.


But
We
Aren’t
All
Good
at
the
Visionary
Thing

But
I
practiced
for
a
long
time.
And
I’ll
be
honest:
the
reality
is
that
there
are
not
that
many
lawyers
who
are
good
at
overall
strategy
and
vision.
 It’s
not
something
they
teach
in
law
school.
And
not
every
lawyer,
even
with
more
time,
will
grow
into
that
role
and
develop
those
skills.
The
second
reality
is
AI
is
gunning
for
this
work
too.
AI
is
already
not
bad
at
strategy
and
vision
and
it’s
only
going
to
get
better.
(See
my

recent
article

on
how
medical
diagnostic
AI
models
could
be
applied
to
legal.)

The
result?
Less
need
for
the
high-end
lawyer/thinker.
That’s
reality.
Fewer
lawyers
with
the
skill
Verma
envisions,
less
need
for
those
skills.
So
even
if
we
free
up
more
time
for
strategic
thinking,
that
doesn’t
mean
that
all
of
us
are
going
be
spending
more
time
doing
it.
A
sobering
prospect,
to
say
the
least.

Here’s
one
other
real
problem
that
we
are
going
to
have
to
face.
The
business
model
of
most
law
firms
has
for
years
been
the
billable
hour.
It’s
a
simple
model:
bill
more
hours,
make
more
money.
And
because
one
person
can
only
bill
so
many
hours
a
day/week/year,
you
can
only
increase
what
you
make
by
leveraging
matters
and
having
as
many
people
work
on
a
matter
as
possible.


The
Real
Business
Model
Problem

The
result:
in
the
age
of
AI,
there
may
simply
be
too
many
lawyers.
We
built
a
model
based
on
maximizing
time
spent.
As
a
result,
the
profession
is
over
built
and
is
particularly
susceptible
to
disruption
by
a
technology
that
has
the
potential
to
so
substantially
reduce
time
spent
on
matters.
And
when
you
overbuild,
you
hire
and
promote
people
who
aren’t
necessarily
good
at
being
the
“valued
advisor”
but
who
are
good
at
generating
billable
hours.
It
certainly
doesn’t
mean
that
the
leverage
model
protects
us.


What
Now?

Where
does
all
this
go?
It
remains
to
be
seen.
But
it’s
just
these
kinds
of
questions
that
leaders
in
the
profession
need
to
be
asking.
Maybe
the
future
will
be
more
of
the
same
as
the
past.

But
if
CEOs
are
now
saying
the
quiet
part
out
loud,
it’s
time
for
legal
to
do
the
same.




Stephen
Embry
is
a
lawyer,
speaker,
blogger
and
writer.
He
publishes TechLaw
Crossroads
,
a
blog
devoted
to
the
examination
of
the
tension
between
technology,
the
law,
and
the
practice
of
law
.