134. Dan Tabak, Litigation Partner and Treasurer at Harvard Hillel

Show Notes:

Dan Tabak, a lawyer and treasurer of Harvard Hillel, spent three years at Columbia Law School, he then worked as a litigator at Simpson Thacher & Bartlett, but took a year off to clerk for a federal judge in Brooklyn. He went back to work at Simpson Thacher before moving on to his current firm, Cohen & Gresser which operates primarily in New York City but has offices in London, Paris, Dubai, and Washington, D.C. He currently lives in Scarsdale, New York with his wife and two kids.

On the Board of Harvard Hillel 
Dan joined the board of Harvard Hillel during the pandemic, which allowed him to participate more actively. He explains why he joined the board and supporting the Jewish community was an important part of his decision. In response to the fact that Harvard has been in the news in connection with  anti-semitism, Dan states that the board has a diverse board with diverse viewpoints. He also mentions a 311 page study on anti-semitism at Harvard and notes that there are problems at Harvard that were different from what his class perceived, and that students today interact differently than when Dan was a student, specifically the inability to disagree with civility and respect for diversity of opinions. 


The Decline of Jewish Students at Harvard
Dan discusses the decline in Jewish students at Harvard and similar institutions, noting that he believes it has not emerged from a top-down decision, but traces back to the Immigration Act of 1965. He notes that there was a high likelihood of having a Jewish roommate or blockmate in the class of 1992 and a lower chance now, which has led to fewer people understanding Jews and Jewish life at these institutions. He attributes the decline to the emphasis on more diversity on identities within admissions and how students feel a responsibility to represent their specific background as well as the Immigration Act of 1965, which opened doors to different communities, particularly immigrant families, who tend to value education highly and are now more represented at Harvard. 

A Career in Law and Improving the Public School Systems
Dan talks about his career at Simpson Thacher, one of the world's largest firms. His senior thesis in college involved a school funding decision in New Jersey. From his first week as a summer associate at Simpson Thacher to his departure years later, he worked with a group bringing a similar case in New York, Campaign For Fiscal Equity against the state of New York. The case involved school kids in New York City suing the state for a sound basic education under the New York State Constitution. The trial went nine months, and the students won the trial.  He summarizes the process from determining there is a right to finding the remedy.  The remedy involved resources and money, and the case went through another set of hearings to determine the appropriate resolution. Dan also discusses what the research revealed about class sizes, funding, and how the family situation impacts the education of a student. 

A Focus on Financial Service Companies
The conversation turns to Dan’s legal work, focusing on commercial litigation, with a focus on financial services companies, and bankruptcy and bankruptcy-related litigation. He talks about his involvement in a case involving Terry Bollea, also known as Hulk Hogan, in the bankruptcy of Gawker and Gawker's founder. He also touches on how this case helped lead to a change in how the public views the publication of sex tapes. The conversation highlights the importance of understanding the legal landscape and the impact of cases like this on the legal landscape.

Skills and Superpowers in Law
Dan believes that his strengths in law are the strategizing of how to get from here to there, listening to the client, and having a goal in mind. He also mentions being a good writer, which helps convey his thoughts. He initially was less strong at oral arguments but has since improved his skills and persuaded judges to change course and decide for his clients. One example of a successful legal strategy involves listening to clients and helping them figure out what they really want. For example, he has worked with pro bono clients who are more interested in justice than achieving a result. They often get a settlement offer and he explains the consequences if they don't take it. He explains that the lawyer must work through the emotional aspects and consider the implications of suing them and going to court. With corporate clients, Dan emphasizes the importance of listening to clients' goals and working relationships with the other party. A settlement can be a win-win situation for everyone involved, as long as they can continue doing business together. This is a different function of listening to what the client is trying to get out of the case.

The Limitations of  Legal Education
Dan believes that a course he took from Roger Fisher with the Harvard Negotiation project was more helpful in negotiation and negotiation strategy than anything he learned in law school. He also mentions that law school was more about hearing the cases and understanding the law, rather than emotional intelligence and negotiating strategies. He also mentions that law schools did not teach how to manage junior attorneys and paralegals, which he believes is essential for success in law firms. He talks about the many small inflection points in a lawyer's career, such as meeting the right people and introducing them to potential clients that change or shape direction and offer opportunities.

Influential Harvard Professors and Courses
Dan mentions the Negotiation course and a Constitutional Law class with H.W. Perry, where he learned how to read legal cases and understand constitutional law. Dan shares a memorable experience while he was taking the Constitutional Law course where he argued a case in front of classmates, including "Chief Justice" Ketanji Brown Jackson, and also mentions learning in an Intro to Psychology course about the concept of idiosyncrasy credits.