DC Rising Stars: Michael Bern, 39
Don't be shy and never be afraid to challenge orthodox thinking.
July 24, 2019 at 02:25 AM
2 minute read
Employer: Latham & Watkins
Title and Practice Area: Partner, Supreme Court and Appellate
What was the most valuable lesson you learned in your first year practicing law? Don't be shy and never be afraid to challenge orthodox thinking. As a young lawyer, I was fortunate to work with mentors who consistently encouraged me to think creatively, speak up, and be willing to challenge the way it's been done before in order to identify the most effective strategy.
Describe your biggest win or accomplishment in practice. I recently successfully argued a Ninth Circuit appeal, leading the court to hold that criminally prosecuting homeless people for sleeping outside when there's no shelter available violates the 8th Amendment. I'm also proud of several compelled commercial speech results, including a recent American Beverage Association Ninth Circuit en banc victory.
Who is your greatest lawyer mentor, and what has he or she taught you? I've worked with many outstanding mentors at Latham, but if forced to pick just one lawyer mentor, I'd pick Justice Sonia Sotomayor, for whom I clerked. She taught me the importance not only of mastering the abstract legal issues, but understanding the people, stories and real world impacts of a case.
Please share a brief key to your success. Understanding a client's business is critical. The ability to analyze cases or write good briefs is important, but understanding a client's business allows one to give advice not only about how to win a case, but to make the right case-related decisions given a client's broader goals and concerns.
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