Judicial Notice (10.26.25): Free Speech And AI
The shutdown drags on, and legal institutions are absorbing the shock. At recent law school talks at Duke, Columbia, and Penn, informal polls showed that a firm's response to Trump's executive orders against law firms would affect recruiting: roughly 60 percent, 50 percent, and 40 percent of students, respectively, said it would matter. File that under real-world brand risk for Biglaw.
For context on the broader government funding fights, see the history of U.S. shutdowns here.
Lawyer of the Week: Paul Ingrassia
Paul Ingrassia withdrew from consideration to lead the Office of Special Counsel after it became clear he lacked enough Republican support. The 30-year-old Cornell Law grad was admitted to the New York bar last year, a sharp break from the OSC's tradition of veteran leaders with decades of experience. Reports also surfaced of offensive texts he allegedly sent and a withdrawn sexual-harassment complaint; he disputed the allegations, but the baggage, combined with thin experience, proved too much.
Free Speech, Courts, and the Bar
Prominent litigators-David Boies, Mark Geragos, Patricia Glaser, and Steve Zack-publicly condemned attacks on the judiciary at a Speak Up for Justice forum, warning that the rhetoric threatens judicial independence. Kannon Shanmugam echoed that theme at Pepperdine Law: fix institutions, don't burn them down.
On the case front, Paul Clement remains in heavy rotation. He's handling matters tied to Trump administration actions-representing Fed Governor Lisa Cook and challenging an EO against WilmerHale-while also arguing for Tesla in wrongful-death litigation and for X in disputes with Media Matters. He notched a win in Centripetal Networks v. Palo Alto Networks, with the Federal Circuit vacating a PTAB decision for failing to consider key evidence.
Alex Spiro joined the team for former Activision Blizzard CEO Bobby Kotick in Delaware shareholder litigation. In corporate-culture news meets consequence, Shannon Kobylarczyk exited her in-house role after a viral ballpark incident. Meanwhile, furloughed IRS attorney Isaac Stein set up a suit-and-tie hot-dog stand during the shutdown. Work finds a way.
Judge of the Week: Andrew Oldham (5th Cir.)
Judge Oldham's Joseph Story Lecture pushed a bold idea: eliminate horizontal stare decisis on the courts of appeals. His pitch uses a scatterplot metaphor-each panel decision is a data point; judges should seek the best-fit "throughline" of law, not feel bound by every past outlier on their own court. It's not carte blanche to ignore precedent; it's a call to find the rule, then apply it, even if that means parting ways with a misfit panel decision.
For a refresher on stare decisis, this overview helps: stare decisis.
Other Judicial Notes
Judge Emil Bove (3d Cir.) continues to draw attention; his dissental in Eakin v. Adams County Board of Elections pressed the Republican view against counting undated or misdated mail-in ballots. It reads like a calling card for higher consideration.
AI misfires hit two federal courts: Judges Julien Xavier Neals (D.N.J.) and Henry Wingate (S.D. Miss.) confirmed in letters to Sen. Chuck Grassley that staff relied on AI, and the opinions weren't properly reviewed before docketing. In one chambers it was an intern; in the other, a law clerk. The fix is simple, if unglamorous: policy, training, and human review.
Appointments and Nominations
Texas Governor Greg Abbott appointed former Solicitor General Kyle Hawkins to the Texas Supreme Court. On confirmations, four district judges with "M" last names are in: William Mercer (D. Mont.), Chad Meredith (E.D. Ky.), Anne-Leigh Gaylord Moe (M.D. Fla.), and Harold D. Mooty III (N.D. Ala.)-with Mooty drawing the most bipartisan support at 66-32. Justice William Crain (to E.D. La.) and former interim U.S. attorney Alexander Van Hook (to W.D. La.) had uneventful hearings.
In Memoriam
G. Michael Brown, a former New Jersey prosecutor who later served as counsel and executive in the gaming industry, has died at 82. May he rest in peace.
Job of the Week: Litigation Associates, Atlanta
An Am Law 100 firm is growing its class-action and product-liability team in Atlanta. Ideal candidates have 2-7 years of top-tier complex litigation experience (class actions, product liability, and/or mass torts) with excellent writing and advocacy skills. To apply, send your résumé and law school transcript to Marion Wilson at mwilson@laterallink.com.
Practical Takeaways for Legal Teams
- Biglaw brand risk is real: students are watching how firms handle government pressure. Have a response playbook for executive orders and politically charged matters. Know your litigation thresholds, settlement criteria, and messaging.
- Appellate strategy: if horizontal stare decisis loosens, frame briefs around the throughline-what the weight of authority and first principles require-while explaining why outlier cases deserve little force.
- AI policy in chambers and firms: define approved tools, ban undisclosed use, require source citations, and mandate human review before anything hits the docket. Log prompts, preserve drafts, and train teams-don't let interns or junior staff publish unchecked AI output.
- Crisis hygiene: viral moments can end careers. Set codes of conduct for client events and have a rapid response plan with comms and HR ready to act.
If you're formalizing AI training for legal staff, see curated options by role here.
Your membership also unlocks:
