Original Jurisdiction

Every 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. Dub

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 [email protected].

During 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-Barre

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 [email protected].

Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at [email protected]. This is a reader-supported publication; you can subscribe by clicking here.

How are the federal courts faring during these tumultuous times? I thought it would be worthwhile to discuss this important subject with a former federal judge: someone who understands the judicial role well but could speak more freely than a sitting judge, liberated from the strictures of the bench.

Meet Judge Nancy Gertner (Ret.), who served as a U.S. District Judge for the District of Massachusetts from 1994 until 2011. I knew that Judge Gertner would be a lively and insightful interviewee—based not only on her extensive commentary on recent events, reflected in media interviews and op-eds, but on my personal experience. During law school, I took a year-long course on federal sentencing with her, and she was one of my favorite professors.

When I was her student, we disagreed on a lot: I was severely conservative back then, and Judge Gertner was, well, not. But I always appreciated and enjoyed hearing her views—so it was a pleasure hearing them once again, some 25 years later, in what turned out to be an excellent conversation.

Show Notes:

* Nancy Gertner, author website

* Nancy Gertner bio, Harvard Law School

* In Defense of Women: Memoirs of an Unrepentant Advocate, Amazon

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 [email protected].

Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at [email protected]. This is a reader-supported publication; you can subscribe by clicking here.

Yesterday, Southern California Edison (SCE), the utility whose power lines may have started the devastating Eaton Fire, announced its Wildfire Recovery Compensation Program. Under the program, people affected by the fire can receive hundreds of thousands or even millions of dollars in compensation, in a matter of months rather than years—but in exchange, they must give up their right to sue.

It should come as no surprise that SCE, in designing the program, sought the help of Kenneth Feinberg. For more than 40 years, often in the wake of tragedy or disaster, Feinberg has helped mediate and resolve seemingly intractable crises. He’s most well-known for how he and his colleague Camille Biros designed and administered the September 11th Victim Compensation Fund. But he has worked on many other headline-making matters over the years, including the Agent Orange product liability litigation, the Deepwater Horizon Oil Spill Trust, the multidistrict litigation involving Monsanto’s Roundup weed killer—and now, of course, the Eaton Fire.

How did Ken develop such a fascinating and unique practice? What is the most difficult aspect of administering these giant compensation funds? Do these funds represent the wave of the future, as an alternative to (increasingly expensive) litigation? Having just turned 80, does he have any plans to retire?

Last week, I had the pleasure of interviewing Ken—the day after his 80th birthday—and we covered all these topics. The result is what I found to be one of the most moving conversations I’ve ever had on this podcast.

Thanks to Ken Feinberg for joining me—and, of course, for his many years of service as America’s go-to mediator in times of crisis.

Show Notes:

* Kenneth Feinberg bio, Wikipedia

* Kenneth Feinberg profile, Chambers and Partners

* L.A. Fire Victims Face a Choice, by Jill Cowan for The New York Times

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 [email protected].

Who’s the Biglaw partner with the most star-studded client roster? Orin Snyder, co-chair of the Trials Practice Group at Gibson Dunn & Crutcher, has to be up there. Consider this: at least a half-dozen of his clients have performed at the Super Bowl halftime show, in Times Square on New Year’s Eve, or both. (In case you’re wondering, they are Marc Anthony, Mariah Carey, Lady Gaga, Jennifer Lopez, The Rolling Stones, and Bruce Springsteen.)

Most lawyers would be thrilled to have just one famous client. But Orin Snyder isn’t most lawyers. A former federal prosecutor, he has been recognized as one of the nation’s leading litigators—not just by Chambers and Partners and Forbes, but by entertainment-industry publications like Variety and The Hollywood Reporter.

In our conversation, we covered Orin’s family history in the entertainment industry; his service as an assistant U.S. attorney in the Southern District of New York; why celebrity clients are often a joy to represent, not annoying or aggravating (which was my guess); and his forthcoming memoir.

As a longtime Biglaw partner and member of Gibson’s executive committee, Orin is an expert on the business of law. So we discussed the virtues of boutique practice (he had his own boutique before joining Gibson), why so many Biglaw firms are shifting away from litigation, and why he thinks that’s a mistake. Finally, Orin told me how he came to represent the family of the late Professor Dan Markel, pro bono—for which I am, as a friend of Dan, especially grateful.

Show Notes:

* Orin Snyder bio, Gibson Dunn & Crutcher LLP

* Orin Snyder profile, Chambers and Partners

* Meet Orin Snyder, the Deadliest Trial Lawyer in Tech, by Greg Sandoval for The Verge

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 at nexfirm dot com.

Jeannie Rhee is one of the nation’s leading litigators, with the awards and accolades to prove it—including, most recently, recognition last month from Forbes as one of America’s Top 250 Lawyers. But her legal career is not only impressive; it’s also very interesting.

The past few years have been extremely eventful for Jeannie. From 2017 until 2019, she worked on a matter you might have heard of: special counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election. She then became a partner in the Washington, D.C. office of Paul Weiss—her professional home until May 2025, when she and several other partners left (itself a newsworthy event).

Together with top trial lawyers Karen Dunn (a past podcast guest) and Bill Isaacson, Jeannie co-founded Dunn Isaacson Rhee—in my opinion, the most exciting new firm to launch in 2025 to date. And since starting DIR, Jeannie continues to handle headline-making cases—most notably, the federal government’s antitrust case against Google.

Why did Jeannie and her partners leave Paul Weiss? What is their vision for DIR as a firm? Looking back in light of recent events, what does she think about her work on the Mueller investigation? We covered all this and more, including Jeannie’s service as a D.C. federal prosecutor and at the Justice Department’s Office of Legal Counsel, in the latest Original Jurisdiction podcast.

Show Notes:

* Jeannie S. Rhee bio, Dunn Isaacson Rhee LLP

* Jeannie Rhee profile, Chambers and Partners

* Ex-Paul Weiss Stars Balance Big Law Ties, Autonomy at Firm, by Tatyana Monnay for Bloomberg Law

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 at nexfirm dot com.

As Omar Little of The Wire famously quipped, “When you come at the king, you best not miss.” It’s a very true saying—and an apt title for the third book by prosecutor turned bestselling author Elie Honig, When You Come at the King: Inside DOJ’s Pursuit of the President, from Nixon to Trump.

Special counsel Jack Smith investigated and prosecuted Donald Trump. But before either of Smith’s two cases could go to trial, Trump was reelected. Now Jack Smith finds himself under investigation—by the administration of a president who declared that Smith should be “considered mentally deranged” and “thrown out of the country.”

In the meantime, what will happen to the institution of the special counsel, during the administration of a president who is clearly not a fan? That’s one of many topics I tackled in my conversation with Elie Honig. We also discussed his journey for prosecution to punditry, highlights from his time as an assistant U.S. attorney, and how today’s Supreme Court might rule if asked to review the constitutionality of the Justice Department regulations that made Jack Smith’s investigation possible.

Thanks to Elie for joining me—and congratulations to him on his latest book.

Show Notes:

* Elie Honig bio, Wikipedia

* When You Come at the King: Inside DOJ’s Pursuit of the President, from Nixon to Trump, Amazon

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 at nexfirm dot com.

Mass-tort and multidistrict litigation is one of the most interesting and important practice areas in American law today. But even though these cases represent more than 70 percent of the federal civil docket, involving thousands of plaintiffs and billions of dollars, they don’t get as much coverage as you might expect—including, I must admit, in the pages of this newsletter.

To address this gap, I interviewed one of mass-tort litigation’s most prominent practitioners, Christopher Seeger. A founding partner of Seeger Weiss, which he co-founded with Stephen Weiss in 1999, Chris has handled some of the biggest and most famous mass-tort litigations in history, over everything from the painkiller Vioxx to combat earplugs to concussions suffered by NFL players.

In addition, Chris and his firm have been in the news because of their involvement in an issue of critical importance to lawyers and the legal profession, namely, judicial independence and the rule of law. Earlier this year, Seeger Weiss made a donation of $500,000 to the Bolch Judicial Institute at Duke Law School, to establish The Seeger Weiss/Daniel Anderl Memorial Fund. The Fund will support the Institute’s mission of protecting the rule of law and defending the judiciary from attacks that threaten judicial independence and diminish public faith in the judicial system.

Thanks to Chris for shedding light on a fascinating field—and thanks to him and his partners at Seeger Weiss for doing their part to stand up for an independent judiciary.

Show Notes:

* Christopher A. Seeger bio, Seeger Weiss LLP

* Christopher A. Seeger profile, Chambers and Partners

* Seeger Weiss LLP Gift Establishes the Daniel Anderl Memorial Fund, New Jersey Business Magazine

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 at nexfirm dot com.

One question I frequently receive, as a lawyer turned writer, is whether I miss the practice of law. My honest answer is no. In my current job, I feel I get some of the best aspects of a legal career, such as the intellectual stimulation and challenge, without the worst ones, such as billable hours (or, for those lawyers who don’t bill time, the stress of being in a client-focused business).

But what if I had stayed in the practice of law? And what if I had remained at the firm where I started my post-clerkship legal career, Wachtell Lipton Rosen & Katz? And while I’m taking an imaginary trip down the road not taken, what if I had gone into corporate or transactional work, with a focus on mergers and acquisitions (M&A), instead of litigation?

If you changed a few other things about me—e.g., if you raised my IQ and ability to tolerate stress, while lowering my laziness—maybe I’d have a legal career like that of David Lam. We have a number of things in common. After graduating from fancy colleges, we went straight through to Yale Law School, where we overlapped. Following clerkships for prominent federal appellate judges, we started our careers at Wachtell Lipton, where we were sometimes confused with each other (based on our similar names and certain demographic similarities).

I left WLRK after a few years, while David Lam stayed—and went on to a spectacular legal career. He’s now one of the country’s top M&A lawyers, according to The American Lawyer, Chambers, Lawdragon, and many other authorities. He’s also co-chair of the M&A practice at Wachtell Lipton, viewed by many as the nation’s #1 firm for mergers and acquisitions.

Wachtell Lipton partners don’t give many interviews or speak to the media that often. So I was delighted and grateful when David agreed to join me on the Original Jurisdiction podcast. And I think you’ll enjoy our conversation, covering David’s high-powered legal career, the state of the current M&A market, some secrets of success for Wachtell Lipton as a firm, and more.

Show Notes:

* David K. Lam bio, Wachtell Lipton Rosen & Katz

* David Lam profile, Chambers and Partners

* Dealmakers of the Year: The Spinmeister—David Lam, by The American Lawyer

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 at nexfirm dot com.

Few lawyers in America have handled more headline-making cases than Marc Agnifilo of Agnifilo Intrater. A former prosecutor in both the Manhattan District Attorney’s Office and the U.S. Attorney’s Office for New Jersey—where he and I met and became friends, around 20 years ago—Marc has defended a number of famous (some might say infamous) figures. His clients over the years have included so-called “pharma bro” Martin Shkreli, former NXIUM cult leader Keith Raniere, and Luigi Mangione, who faces state and federal charges in connection with the shooting death of UnitedHealthcare CEO Brian Thompson.

Earlier this month, Marc and his colleagues won acquittals for Sean “Diddy” Combs on federal racketeering and sex-trafficking charges—the most serious charges that Combs faced, which could have landed him in prison for life had he been convicted. Last week, I interviewed Marc about the trial and shared some highlights in these pages; now, I’m pleased to provide the complete podcast.

Thanks to Marc for taking the time to speak with me, so thoughtfully and openly, about an interesting and momentous case—as well as his remarkable career as one of the nation’s leading trial lawyers.

Show Notes:

* Marc Agnifilo bio, Agnifilo Intrater

* How Diddy’s Likable Defense Lawyer Helped Save His Unlikable Client (gift link), by Corinne Ramey and James Fanelli for The Wall Street Journal

* The husband-wife legal team working on two of today’s biggest criminal cases, by Eric Levenson for CNN

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 at nexfirm dot com.