Biglaw Associate Hiring Plunges By 43%, Officially Ending The Lateral Party

Sad guy is standing and looking down. He is upset. Man is holding a wistle in his mouth and has a birthday hat on the head. Isolated on blue background.Ed. note: Welcome to our daily feature, Quote of the Day.

The last three years has taught firms some pretty hard lessons in regard to how to go about building up the associate ranks. They grew at an exponential rate in 2021 and, as work went down, they no longer needed the number of attorneys that they had.

If you look at all of the factors at play—that corporate work is down, compensation increased—all of these things together just results in lateral hiring just being very conservative.

— Summer Eberhard, a California-based legal recruiter at Lateral Link, in comments given to Bloomberg Law on new report by the National Association for Law Placement, which concluded that lateral hiring had fallen by 35% over the course of 2023, with associate hiring nosediving by 43%, while partner hiring dropped by 10%.


Staci ZaretskyStaci 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 Twitter and Threads or connect with her on LinkedIn.


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US Joins Austria, Bahrain, Canada, & Portugal To Co-Lead Global Push For Safer Military AI

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WASHINGTON — Delegates from 60 countries met last week outside DC and picked five nations to lead a year-long effort to explore new safety guardrails for military AI and automated systems, administration officials exclusively told Breaking Defense.

Five Eyes” partner Canada, NATO ally Portugal, Mideast ally Bahrain, and neutral Austria will join the US in gathering international feedback for a second global conference next year, in what representatives from both the Defense and State Departments say represents a vital government-to-government effort to safeguard artificial intelligence.

With AI proliferating to militaries around the planet, from Russian attack drones to American combatant commands, the Biden Administration is making a global push for “Responsible Military Use of Artificial Intelligence and Autonomy.” That’s the title of a formal Political Declaration the US issued 13 months ago at the international REAIM conference in the Hague. Since then, 53 other nations have signed on.

Just last week, representatives from 46 of those governments (counting the US), plus another 14 observer countries that have not officially endorsed the Declaration, met outside DC to discuss how to implement its ten broad principles.

“It’s really important, from both the State and DoD sides, that this is not just a piece of paper,” Madeline Mortelmans, acting assistant secretary of defense for strategy, told Breaking Defense in an exclusive interview after the meeting ended.It is about state practice and how we build states’ ability to meet those standards that we call committed to.”

That doesn’t mean imposing US standards on other countries with very different strategic cultures, institutions, and levels of technological sophistication, she emphasized. “While the United States is certainly leading in AI, there are many nations that have expertise we can benefit from,” said Mortelmans, whose keynote closed out the conference. “For example, our partners in Ukraine have had unique experience in understanding how AI and autonomy can be applied in conflict.”

“We said it frequently…we don’t have a monopoly on good ideas,” agreed Mallory Stewart, assistant secretary of state for arms control, deterrence, and stability, whose keynote opened the conference. Still, she told Breaking Defense, “having DoD give their over a decade-long experience…has been invaluable.”

So when over 150 representatives from the 60 countries spent two days in discussions and presentations, the agenda drew heavily on the Pentagon’s approach to AI and automation, from the AI ethics principles adopted under then-President Donald Trump to last year’s rollout of an online Responsible AI Toolkit to guide officials. To keep the momentum going until the full group reconvenes next year (at a location yet to be determined), the countries formed three working groups to delve deeper into details of implementation.

Group One: Assurance. The US and Bahrain will co-lead the “assurance” working group, focused on implementing the three most technically complex principles of the Declaration: that AIs and automated systems be built for “explicit, well-defined uses,” with “rigorous testing,” and “appropriate safeguards” against failure or “unintended behavior” — including, if need be, a kill switch so humans can shut it off.

These technical areas, Mortelmans told Breaking Defense, were “where we felt we had particular comparative advantage, unique value to add.”

Even the Declaration’s call for clearly defining an automated system’s mission “sounds very basic” in theory but is easy to botch in practice, Stewart said. Look at lawyers fined for using ChatGPT to generate superficially plausible legal briefs that cite made-up cases, she said, or her own kids trying and failing to use ChatGPT to do their homework. “And this is a non-military context!” she emphasized. “The risks in a military context are catastrophic.”

Group Two: Accountability. While the US applies its immense technical expertise to the problem, other countries will focus on personnel and institutional aspects of safeguarding AI. Canada and Portgual will co-lead work on “accountability,” focused on the human dimension: ensuring military personnel are properly trained to understand “the capabilities and limitations” of the technology, that they have “transparent and auditable” documentation explaining how the it works, and they “exercise appropriate care.”

Group Three: Oversight. Meanwhile, Austria (without a co-lead, at least for now) will head the working group on “oversight,” looking at big-picture policy issues such as requiring legal reviews on compliance with international humanitarian law, oversight by senior officials, and elimination of “unintended bias.”

RELATED: Avoiding accidental armageddon: Report urges new safety rules for unmanned systems

Real World Implementation

What might implementation of these abstract principles mean in practice? Perhaps something like the Pentagon’s online Responsible AI Toolkit, part of a push by DoD’s Chief Digital & AI Officer (CDAO) to develop publicly available and even open-source tools to implement AI safety and ethics.

Stewart highlighted that CDAO’s Matthew Kuan Johnson, the chief architect of the toolkit, gave an “amazing” presentation during the international conference: “It was really, really useful to have him walk through the toolkit and answer questions.”

Speaking days after the conference ended, at a Potomac Officers Club panel on AI, Johnson said “we got incredibly positive feedback …  Allied nations [were] saying they thought this was a really positive development, that there’s such a push to open-source and share so much of the materials and best practices.”

“There is really significant momentum and appetite,” Johnson told the panel. “How do we get from these kind of high-level principles down to that implementation…processes, benchmarks, test, evaluation, metrics, so you can actually demonstrate how you are following the principles and implementing them.”

Johnson certainly came away enthusiastic. “It is a really exciting time for responsible AI in the international space,” he said, “with the Political Declaration, with the Partnership for Defense that CDAO has, with the second REAIM summit happening in Korea in September.”

That’s just on the military side. The Biden administration issued a sweeping Executive Order on federal use of AI in October, joined the UK-led Bletchley Declaration on AI safety writ large in November and, just last week, got the UN General Assembly to pass a US-led resolution by unanimous consent that called for “safe, secure, and trustworthy” AI for sustainable development.

But the administration also tries to keep the civilian and military discussions distinct. That’s partly because military AI is more controversial, with many activists calling for a binding legal ban on “lethal autonomous weapons systems” that the US, its allies, and adversaries like Russia and China all would like some leeway to develop.

“We made a purposeful choice, in pursuing a consensus-based UN resolution, to not include the military uses discussion,” a senior Administration official told reporters at a briefing ahead of last week’s General Assembly vote. “There are ample places to have that conversation [elsewhere], including in the UN system…. We have an intensive set of diplomatic engagements around the responsible military uses of artificial intelligence.”

The two tracks are meant to be parallel but complementary. “We’re really happy the UNGA was able to take a step in the non-military arena,” Stewart told Breaking Defense. “[There’s] the potential for advantageous and synergistic cross-pollination.”

But, she said, the world still needs distinct fora for different kinds of people to discuss different aspects of AI. The United Nations brings together all countries on all issues. Military AI conferences like REAIM include activists and other non-government groups. But the value of the Political Declaration and its implementation process is that it’s all about governments talking to other governments, specifically about military applications, and behind closed doors.

“The Political Declaration looks at this from a government to government perspective,” Stewart said. “We’re really focusing on an environment in which governments can discuss the challenges that they’re experiencing, the questions that they have, and… address the practical, concrete, and and really effective and efficient implementation.”


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NAR Responds to President Joe Biden's Remarks on Lowering Housing Costs for American Families – National Association of REALTORS®

WASHINGTON – 2024 National Association of REALTORS® President Kevin Sears issued the following statement in response to President Biden’s remarks on lowering housing costs for American families:
“While the National Association of REALTORS® appreciates President Biden’s continued focus on the affordable housing crisis, the President unfortunately repeated incorrect claims that the recently announced settlement agreement allows Americans to negotiate commissions for the first time. Commissions were already negotiable before this resolution was reached and will continue to be negotiable as they have been.
“Real estate agent commissions are driven by the market and are not the cause of the affordability crisis. Until there is an all of government approach to a historic lack of inventory and supply in communities across the country, the dream of homeownership will remain out of reach for millions of middle-class Americans.
“NAR commends President Biden for recognizing the need to build a stronger housing supply, and we will continue to work with his administration and Congress, as well as in statehouses across the country, to fight for policy proposals intended to make homeownership more affordable and accessible for all Americans.”
Read NAR’s full policy proposals to address housing supply at FlyIn.Realtor.
The National Association of REALTORS® is America’s largest trade association, representing more than 1.5 million members involved in all aspects of the residential and commercial real estate industries. The term Realtor® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS ® and subscribes to its strict Code of Ethics.
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Remembering Frank E. Kowalski

Frank E. Kowalski, the 2005 Florida Realtors president and founder and CEO of Metro Dade Realty in Miami, had a 52-year career defined by a spirit of service.

MIAMI – It is with a profound sense of loss that we announce the passing of 2005 Florida Realtors President Frank E. Kowalski, founder and CEO of Metro Dade Realty in Miami.

Frank was a benevolent leader whose tenure was marked by groundbreaking initiatives, such as his advocacy for the Commercial Real Estate Sales Commission Lien Act, which was signed into law in 2005, his commitment to Realtor excellence through Graduate, Realtor Institute training for new licensees and his support for integrating technology tools into the profession.

Frank KowalskiFrank’s 52-year career was defined by a spirit of service and a commitment to excellence. Always a champion for what he believed in, he used his leadership roles to make a difference where it counted most. In 1980, as the youngest president in the Miami Board’s then-60-year history, he vigorously fought against double-digit interest rates. After four hurricanes hit Florida shortly before he took office, he pledged to help Realtors impacted by the storms get their businesses back up and running – and, true to his word, he did. He was named Florida Realtors’ 2007 Realtor of the Year for his tireless contributions to his community as well as local, state and national real estate associations.

“Our hearts are heavy as we remember Frank Kowalski, a true icon in the Florida real estate industry,” says Gia Arvin, 2024 Florida Realtors president. “His visionary leadership and unwavering commitment to excellence have left an indelible mark on our profession. From his advocacy for crucial legislation to his dedication to Realtor training and technology integration, his presence was a powerful influence on all our leaders who followed him. Our deepest condolences go out to Frank’s wife, Norma, his son and business partner Frank J. Kowalski, and the rest of his family during this difficult time.”

Our association is just one of many organizations honored to be part of Frank’s legacy.

He was founding president of the Florida Council of Residential Specialists, national CRS president and former chairman of the Florida Real Estate Commission, held leadership roles in the Miami Association of Realtors® and the National Association of Realtors®, and was a long-time contributor to the Realtors Political Action Committee. He also dedicated 46 years of his life to serving as an independent insurance broker, safeguarding the futures of countless individuals and families throughout South Florida. 

Frank E. Kowalski will be laid to rest Monday, April 1, at Caballero Rivero Woodlawn South, 11655 SW 117th Ave., Miami, FL 33186. A viewing is scheduled for 10 a.m., followed by a service at 1:30 p.m.

© 2024 Florida Realtors®

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March Is For The Girls

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Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Sarah Waidelich to our pages. Click here if you’d like to donate to MothersEsquire.

March is one of my favorite times of the year — as a lifelong basketball fan and a former Division III college player, there is nothing quite like the madness of this month. The sheer volume of games compressed into such a short time span, combined with the unpredictable upsets and unforgettable moments, truly encapsulates the essence of the sport.

This year is particularly special to me, as it feels like women’s sports — and in particular, women’s basketball — are finally getting the attention they are due, thanks to the incredible year and career of Iowa’s Caitlin Clark. Clark has broken most offensive records of note, and on March 3, 2024, she broke Pete Maravich’s 54-year record to become the all-time leading scorer in NCAA basketball (men’s or women’s). And she’s not done yet.

As remarkable as Clark’s season and career have been, what I have found most inspiring is what she has done for women’s basketball as a whole. Clark is the biggest story of this season for women’s and men’s basketball. Girls and boys are clamoring for a picture or autograph from Clark. The AP reported that Iowa road games saw a 150% increase in average attendance. More people are watching women’s games than men’s games.  The New York Times reported that women’s sports would generate more than $1 billion in revenue this year, up about 300% from a 2021 estimate.

As we head into the NCAA National Championship tournaments, the women’s competition is getting as much, if not more, attention as the men’s. Even Shaquille O’Neal is more closely following the women’s tournament. Considering all of this, it’s astonishing to recall that until 2022, the NCAA declined to promote or utilize its “March Madness” trademark for the women’s tournament.

I am a lifelong basketball fan. I was playing year-round by the time I was 10. It was my first true love, and I was fortunate enough to continue my career in college, at the small engineering school I attended. As a young girl, I worshiped the likes of Sue Bird and Diana Taurasi — incredible players in their own right.  But neither of them captured the imagination of the country like Caitlin Clark.

This year may mark a sea change. Because as fabulous as Clark is, a wave of exceptional players is coming up behind her. Junior Angel Reese led LSU to the national championship over Iowa last year and is poised to make another run this year. Freshman Juju Watkins at the University of Southern California is averaging more points per game than Clark did in her first year. The landmark changes with Name, Image, and Likeness deals offer substantial opportunities for increased visibility and exposure for female athletes. There is every reason to believe that the attention Clark has brought to the game, and the talent following in her wake, will continue to capture the attention of the country.

My basketball career ended almost 15 years ago, and I am now a practicing lawyer and a mom of two little boys. I am filled with gratitude knowing that my sons will grow up in a world where women’s sports are finally receiving the recognition they’ve long deserved. It brings me immense happiness to think that they will have remarkable athletes like Clark to admire and look up to.

Clark’s popularity also gives me hope that other segments of American society, including the legal profession, can make great strides in reaching gender equality. Bloomberg reported in January of this year that for the first time, a slim majority of law firm associates are women.  The same report also found that women make up 40% of all attorneys at private firms — another record.

These statistics resonate deeply with my own career in private practice. A decade ago, as I was starting my career focused on patent law, the sense of being the only woman in the room was palpable, and it only seemed to intensify as I progressed. However, in recent years, we’ve  made real strides in recruiting and retaining women for our IP Department, even within this traditionally male-dominated field of patent law. Just as Clark’s achievements pave the way for future women athletes, the success of more women in the legal industry continues to provide a clearer path for those who will follow.

There is still much work to do to achieve true gender equality, and to ensure society and our institutions value women’s efforts as much as men’s.

But this year, March is for the girls.


Sarah Waidelich is a partner at Honigman LLP in Ann Arbor, Michigan.  She focuses her practice on intellectual property litigation, with a particular focus on patent litigation, and is a Lateral Hiring Partner for the IP Department. Sarah is the mom of two beautiful little boys, and in her free time she enjoys traveling with her husband and sons, baking, and watching sports. You can contact Sarah directly at swaidelich@honigman.com

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Veiled Glory

Judge not, by outer countenance the merit of the goal…

The above picture from

as a child, to the sorrowful images of the Greatest Love Story!

John 12:27-28

Now My soul is troubled, and what shall I say?

 ‘Father, save Me from this hour’? 

No, it is for this purpose that I have come to this hour.

  Father, glorify Your name!”

Then a voice came from heaven:

 “I have glorified it, and I will glorify it again.”

Judge not, by outer countenance the merit of the goal

One facet of a circumstance does not reveal the whole

The Saviour of the soul could see beyond salvation’s price

Beyond the awful cost as He became sin’s sacrifice

While gaping throngs reviled and railed and jeered what appeared loss

The darkness of the hour veiled the glory of the cross

Love’s agony of grief and pain in mingled passion poured

Redemption’s unrelenting gain and glory of the Lord

Fret not the trouble that this world can never overcome

But look to where God’s love unfurled the hope of Christendom

Beyond the gory cross, the empty grave, beyond death’s toll

The glory of the resurrected Saviour of the soul

© Janet Martin

John 12:44-50

Then Jesus cried out, “Whoever believes in me does not believe in me only,

 but in the one who sent me. 

45 The one who looks at me is seeing the one who sent me.

 46 I have come into the world as a light,

 so that no one who believes in me should stay in darkness.

47 “If anyone hears my words but does not keep them, 

I do not judge that person. For I did not come to judge the world, but to save the world. 

48 There is a judge for the one who rejects me and does not accept my words; 

the very words I have spoken will condemn them at the last day.

 49 For I did not speak on my own, 

but the Father who sent me commanded me to say all that I have spoken.

 50 I know that his command leads to eternal life.

 So whatever I say is just what the Father has told me to say.”

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SMFS Members Publishing News: Motel: An Anthology

SMFS list members are published in the recently
released book,
Motel: An Anthology. Published by Cowboy Jamboree Press,
the book is available at
Amazon.

 

Nils Gilbertson with “The Morningstar.”

 

M.E. Proctor with “A Redhead and a Green
Car.”

 

 

Amazon Description:

On lost, lonely highways,
deep in the American heartlands and skirting the shady edges of cities, once
ubiquitous motels have faded, some into ruin, others transformed from way
station to permanent residence. 
MOTEL captures the heartbreak, desperation and indeed magic of motels.

Think Paris, TexasFool for LoveWild at Heart. Even Bonnie and Clyde. This anthology is full of stories that pay homage to the essence of
motels in all their beauty and pathos. Characters and stories of grit and
glory, the brutal and banal.

As motels fade from popularity and even existence, this volume attempts to
capture them before they’re gone altogether…and all their stories with them.
Of the twenty-eight stories in MOTEL, there’s no two stories that are similar. Like a motel, these stories are
neighboring rooms. None in them are the same, but here they are, together.

Cowboy Jamboree Press

good grit lit.

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That’s A Whole Lotta Nonequity Partners

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Ed. Note: Welcome to our daily feature Trivia Question of the Day!

According to reporting by ALM, which Biglaw firm saw the nonequity tier of partnership increase by a staggering 51% in 2023 — in a year where many Biglaw firms increased their nonequity partnership ranks, this is the largest increase documented so far?

Hint: The firm had a stellar year last year with revenue up 18% and profits up by 19%.

See the answer on the next page.

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