Judicial Notice (09.15.24): Things That Make You Go Hmmm

A chief legal officer’s ill-advised romance, behind-the-scenes SCOTUS drama, more Biglaw mergers, and an acquisition of an elite boutique.

Judge Pauline Newman, in chambers (photo by Bill O'Leary/The Washington Post via Getty Images).

This week’s Judicial Notice is sponsored by

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September 11 is a difficult day, especially for those of who live in the New York metropolitan area. My thoughts and prayers are with the families and friends of the nearly 3,000 people who were killed by the 9/11 attacks.

I was in New York City on 9/11, and this past Wednesday, I was in the city once again—in fact, in Lower Manhattan, a five-minute walk from where the Twin Towers once stood. The security guard in the lobby of my doctor’s office building was listening to the reading of the victims’ names as I checked in. I don’t have anything else to add; I just don’t want us to forget the terrible events of 23 years ago.

I was at my doctor for my annual physical. I’m happy to report that I’m basically fine—which I don’t take for granted, given both my age and my Covid-19 ordeal in 2020.

This week’s testimonial for Original Jurisdiction comes from the founding partner of a boutique firm focused on family law: “Original Jurisdiction is a great resource for us small-firm lawyers who want to keep up with the world of Biglaw. Lat’s topics are timely, his reporting is interesting, and his approach is thoughtful and balanced. Links to his work are at the top of my list for law student and young lawyer mentees.” Thanks to this reader for appreciating and sharing my work.

A few weeks ago, I held OJ “office hours” on a Wednesday evening. I greatly enjoyed my conversations with readers, covering everything from AI in Biglaw to the legal training given to police officers—but I believe attendance was depressed because of the late hour. So I’m going to try and host what my friend Ari Kaplan calls a “virtual lunch,” held during the workday, where folks can get together and discuss… well, whatever we feel like discussing. The next one will take place on Wednesday, September 25, from 1:30 to 2:30 p.m. (ET). Here’s the Zoom link (passcode “348334”) and the Google calendar entry; I look forward to seeing some of you there.

Now, on to the news.

Lawyer of the Week: Nabanita Nag.

If you talk to chief legal officers and general counsel, you’ll often hear about the need for the CLO or GC to have “a seat at the table.” This involves having input into major corporate decisions, as well as access to the chief executive officer. But there might be such a thing as too much access to the CEO—which brings us to Nabanita Chaterjee Nag, former chief legal officer of the railway giant Norfolk Southern.

Last Wednesday, Norfolk Southern fired Nabanita Nag as CLO and Alan Shaw as CEO, after an investigation by the company’s board revealed an undisclosed romantic relationship between the two. Although the relationship was consensual, it violated Norfolk’s company policies and code of ethics, which prohibit superiors from having personal relationships with those who report to them.

Even before the company’s announcement—which it made after an activist investor, Ancora Holdings, learned of the investigation and demanded more information—Norfolk employees wondered whether something was up between the two executives. When traveling on Norfolk business with other employees, Shaw and Nag would get into a car together after landing at the airport, while the rest of the entourage would hop into a separate passenger van, and stay a different hotel from the other Norfolk employees. According to The Wall Street Journal, these practices “raised eyebrows” among Shaw’s staff.

The turmoil comes at an especially bad time for Norfolk Southern, still dealing with the fallout from a February 2023 train derailment in East Palestine, Ohio. And Nag’s departure means that Norfolk is now looking for its seventh legal leader in seven years—at a time when legal issues loom especially large for the company, which has incurred $2 billion in litigation and remediation costs from the derailment.

Moral of the story: keep the CEO-CLO relationship in the boardroom, not the bedroom.

Other lawyers in the news:

• Leading litigator Randy Mastro might resemble Santa Claus, but his hearing to serve as New York City Corporation Counsel was anything but merry. Members of the City Council criticized his aggressive advocacy on behalf of the rich and powerful, during many years as a Biglaw partner at Gibson Dunn and now King & Spalding. Last week, Mastro asked Mayor Eric Adams to withdraw his nomination, after it became clear that he lacked the votes for confirmation. [UPDATE (6:28 p.m.): Minutes after hitting “publish” on this post, I came across the news that Mayor Adams’s chief counsel, former federal prosecutor Lisa Zornberg, abruptly resigned on Saturday—for unclear reasons.]

• In other news from NYC, former Manhattan District Attorney candidate Tali Farhadian and hedge-fund magnate Boaz Weinstein are divorcing, after 14 years of marriage—and it appears to be contentious, based on the busy docket in their divorce case and the big-name lawyers on both sides. Her legal team includes Marilyn Chinitz of Blank Rome, whose past clients include Tom Cruise and Michael Douglas, and his includes Robert “Bob” Cohen of Cohen Clair Lans, whose past clients include Melinda Gates and Donald Trump’s two ex-wives.

• Maggie Goodlander—a former law clerk to Justice Stephen Breyer, former deputy assistant attorney general for antitrust, and spouse of U.S. National Security Advisor Jake Sullivan—won the Democratic primary for New Hampshire’s Second Congressional District. Given the district’s Democratic orientation, she’s probably bound for Congres.

• In other news at the intersection of law and politics, Alberto Gonzales—the only lawyer to serve as both White House counsel and attorney general (during the second Bush Administration)—became the latest prominent Republican to endorse Kamala Harris.

• Congratulations to Paul Butler, Allison Coffin, and Madeline Bardi of Akin Gump, recently recognized as Am Law’s Litigators of the Week for securing the dismissal of federal fraud charges against fellow lawyer Jeremy Schulman.

In memoriam: Caleb Graves, a Georgetown Law alum and litigation associate at Wilson Sonsini, passed away at 35—moments after crossing the finish line at Disneyland’s Halloween Half Marathon, apparently after going into cardiac arrest. May he rest in peace.

Judge of the Week: Judge Pauline Newman.

Earlier this month, the Judicial Council of the Federal Circuit unanimously approved a three-judge special committee’s recommendation to extend the suspension of Judge Pauline Newman for another year. The special committee claimed that Judge Newman, 97, “show[ed] troubling signs of cognitive decline.” As long as she is suspended, she cannot hear cases or participate in the work of the court.