We litigate cases in state and federal courts across the country, as well as before the Supreme Court of the United States. The following is a list of representative matters.
Supreme Court Merits Cases
- Spokeo, Inc. v. Robins (2016): Represented Thomas Robins in a case involving federal courts’ Article III jurisdiction over a claim under the Fair Credit Reporting Act.
- Fisher v. University of Texas at Austin (2013, 2016): Represented Abigail Fisher in a Fourteenth Amendment challenge to the University of Texas’s undergraduate admissions policy.
- Birchfield v. North Dakota (2016): Represented the State of North Dakota in a challenge to the State’s conditioning of the use of public roads on consent to take a blood-alcohol test upon being arrested for drunk driving.
- Evenwel v.Abbott (2016): Represented Texas voters in a constitutional challenge to Texas’s redistricting plan for electing state senators based on the “one-person, one-vote” principle of the Fourteenth Amendment.
- Sturgeon v. Frost (2016): Represented an Alaskan hunter in a challenge to the National Park Service’s authority to regulate land owned by the State of Alaska but physically located within the boundaries of the National Park System.
- Brumfield v. Cain (2015): Represented the State of Louisiana in a federal habeas case involving a prisoner’s claim that his sentence violated the Eighth Amendment under Atkins v. Virginia.
- Shelby County v. Holder (2013): Represented Shelby County, Alabama in a constitutional challenge to Section 5 and Section 4(b) of the Voting Rights Act.
- City of Arlington, Texas v. FCC (2013): Represented Verizon Wireless in a case concerning whether the FCC’s interpretation of the Communications Act of 1934 was entitled to judicial deference.
- Boyer v. Louisiana (2013): Represented the State of Louisiana in a challenge to a conviction on speedy trial grounds under the Sixth Amendment.
- Wood v. Milyard (2012): Represented the State of Colorado in a case involving the waiver of rights in a habeas corpus action.
Other Notable Supreme Court Matters
- Akina v. Hawaii (2015): Represented a group of Hawaiians in an emergency application for a temporary injunction pending appeal in a constitutional challenge to a special election based along strict ancestry lines.
- United States v. Texas (2016): Represented the National Federation of Independent Business Small Business Legal Center as amicus curiae in a challenge to the legality of the Department of Homeland Security’s deferred action immigration policies.
- Friedrichs v. California Teachers Association (2016): Represented Professor Daniel DiSalvo as amicus curiae in a First Amendment challenge to public-sector unions’ requirement that government employees contribute financially to union activities.
- Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan (2016): Represented the National Association of Subrogation Professionals and the Self-Insurance Institute of America as amici curiae in a case concerning the meaning of “equitable relief” under ERISA.
- Mullenix v. Luna (2015): Represented the National Association of Police Organizations and the National Sheriffs’ Association as amici curiae in a case involving the scope of qualified immunity. The Court cited our amicus brief favorably in summarily reversing the decision below.
- King v. Burwell (2015): Represented the Pacific Research Institute, Individual Rights Foundation, and Reason Foundation as amici curiae in a challenge to the IRS’s rule authorizing subsidies under the Affordable Care Act for healthcare plans purchased on an exchange established by the federal government.
- Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. (2015): Represented the Project on Fair Representation as amici curiae in a dispute about the viability of disparate impact liability under the Fair Housing Act.
- T-Mobile South, LLC v. City of Roswell (2015): Represented the Chamber of Commerce of the United States of America in a dispute concerning the denial of cellphone tower applications under the Telecommunications Act of 1996.
- Scott v. American Federation of State, County, and Municipal Employees Council 79 (2014): Represented Florida Governor Rick Scott in connection with a petition for certiorari concerning the conditioning of government employment on an employee or job applicant’s consent to suspicionless drug testing.
- West Virginia ex rel. U-Haul Co. of West Virginia v. Zakaib (2014): Represented U-Haul Co. of West Virginia in connection with a petition for certiorari seeking review of a decision under the Federal Arbitration Act.
- Pom Wonderful LLC v. The Coca-Cola Company (2014): Represented the Chamber of Commerce of the United States of America as amici curiae in a dispute involving the Lanham Act and the Federal Food Drug and Cosmetic Act.
- Harris v. Quinn (2014): Represented home health care workers in a First Amendment challenge to an Illinois law requiring non-members to fund public union activities.
- Bond v. United States (2014): Represented the Judicial Education Project in a case concerning the scope of the Treaty Clause.
- American Express Company v. Italian Colors Restaurant (2013): Represented law professors in a dispute over the applicability of the Federal Arbitration Act to antitrust class actions.
Federal Appellate Cases
- North America’s Building Trade v. OSHA (D.C. Cir. 2016): Representing the Chamber of Commerce of the United States as an intervenor in support of challenges to OSHA’s rule restricting permissible exposure limits for crystalline silica.
- Bais Yaakov of Spring Valley v. FCC (D.C. Cir. 2015): Representing Staples Inc. in a challenge to an FCC order involving the lawfulness and applicability of a rule extending the Telephone Consumer Protection Act’s unsolicited fax advertisement opt-out requirements to solicited fax advertisements.
- Wiggins v. ING, U.S., Inc. (2d Cir. 2015): Representing ING, U.S., Inc. (n/k/a Voya Financial, Inc.) in a dispute regarding the arbitrability of whistleblower claims arising under Dodd-Frank and Sarbanes-Oxley.
- Dellolis v. Friedberg, Smith & Co. (2d Cir. 2015): Represented auditors in an appeal addressing the scope of auditor liability arising from the Madoff Ponzi scheme.
- Pollinator Stewardship Council v. EPA (9th Cir. 2015): Represented Dow Agrosciences in a petition for review brought by environmental groups challenging the EPA’s approval of Dow’s pesticide.
- Council Tree Investors, Inc. v. FCC (10th Cir. 2014): Represented Verizon in an appeal challenging an FCC order concerning spectrum auction rules.
- Armenian Assembly of America, Inc. v. Cafesjian (D.C. Cir. 2014): Represented Armenian Assembly of America before the D.C. Circuit in a contractual and fiduciary duty dispute over ownership of a historic landmark.
- Katz v. Cellco Partnership (2d Cir. 2014): Represented Verizon Wireless in a case involving whether the Federal Arbitration Act gives district courts the authority to dismiss litigation where all claims are arbitrable.
Notable Federal Appellate Amicus Briefs
- Strougo v. Barclays PLC (2d Cir. 2016): Representing the Chamber of Commerce of the United States of America as amicus curiae in a case involving the application of the Basic and Affiliated Ute presumptions at the class certification stage.
- In re Petrobras Securities (2d Cir. 2016): Representing the Chamber of Commerce of the United States of America as amicus curiae in a case involving the application of the Basic presumption and the ascertainability requirement at the class certification stage.
- West Virginia v. EPA (D.C. Cir. 2016): Representing 166 State and local business associations as amici curiae in a challenge to the EPA’s Clean Power Plan.
- EEOC v. Catastrophe Management Solutions (11th Cir. 2015): Represented the Chamber of Commerce of the United States of America as amicus curiae in a case addressing the scope of disparate-treatment and disparate-impact liability under Title VII of the Civil Rights Act.
- International Franchise Association, Inc. v. City of Seattle (9th Cir. 2015): Represented trade groups as amici curiae in a challenge to Seattle’s wage laws as purposefully discriminating against interstate commerce.
- United States Telecom Association v. FCC (D.C. Cir. 2015): Represented several Members of Congress as amici curiae in support of a petition for review challenging the FCC’s 2015 Net Neutrality rules.
- Franklin California Tax-Free Trust v. Puerto Rico (1st Cir. 2015): Represented the Chamber of Commerce of the United States of America as amici curiae in a case involving the Bankruptcy Code’s preemption of state bankruptcy laws.
- People of the State of New York v. Actavis PLC (2d Cir. 2015): Represented the Chamber of Commerce of the United States of Americaas amicus curiae in a challenge to a district court injunction that forced a pharmaceutical company to continue producing a drug.
- People for the Ethical Treatment of Property Owners v. USFWS (10th Cir. 2015): Represented business groups as amici curiae in a Commerce Clause challenge to a U.S. Fish and Wildlife Service’s endangered species classification.
- Perry Capital LLC v. Lew (D.C. Cir. 2015): Represented the former CFO of Fannie Mae and the Coalition of Mortgage Security as amici curiae in a challenge to the nationalization of Fannie Mae and Freddie Mac by the Federal Housing Finance Agency and Department of the Treasury.
Federal District and State Court Litigation
- Chamber of Commerce v. EPA (N.D. Okla. 2015): Representing business groups in a challenge to the EPA’s regulation redefining “Waters of the United States” under the Clean Water Act.
- Students for Fair Admissions v. Harvard (D. Mass. 2014): Representing an organization of students in a Fourteenth Amendment challenge to Harvard’s undergraduate admissions policies.
- Students for Fair Admissions v. University of North Carolina-Chapel Hill (M.D.N.C. 2014): Representing an organization of students in a Fourteenth Amendment challenge to the University of North Carolina’s undergraduate admissions policies.
- Eves v. LePage (D. Me. 2015): Representing the Governor of Maine in a civil dispute with the Speaker of the Maine House of Representatives.
- Cantlay v. MicroStrategy, Inc. (E.D. Va. 2015): Represented a professional golfer in a contract dispute over an endorsement agreement.
- Korean American Nail Salon Association of New York v. Cuomo (N.Y. Sup. Ct. 2015): Represented small business owners in a challenge to New York regulations targeting Asian-American-owned businesses.
- Lembo v. Park Place Associates (Me. Sup. Ct. 2015): Representing a tenant facing eviction for possessing a firearm for self-defense against a particularized threat.