Experience

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 defending a challenge to the State’s conditioning of the use of public roads on consent to take a blood-alcohol test if 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

  • Kindred Nursing Centers v. Clark (2016): Representing the U.S. Chamber of Commerce as amicus curiae arguing that the Federal Arbitration Act pre-empts a state supreme court decision holding an arbitration agreement unenforceable.
  • 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.
  •  (2015): Represented a group of Hawaiians in an emergency application for injunctive relief in a challenge to a special election based on ancestry.
  • 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 certain provisions of the Affordable Care Act.

 Federal Appellate Cases

  • North America’s Building Trade v. OSHA (D.C. Cir. 2016): Representing the U.S. Chamber of Commerce as an intervenor in support of challenges to OSHA’s rule restricting permissible exposure limits for crystalline silica.
  • United States v. Tate (8th Cir. 2016): Representing a former presidential campaign official in a criminal appeal involving alleged violations of the Federal Election Campaign Act, the Sarbanes-Oxley Act, and other laws.
  • Planned Parenthood of Kansas and Mid-Missouri v. Mosier (10th Cir. 2016): Representing the State of Kansas in an appeal of a preliminary injunction concerning the termination of Medicaid service providers.
  • Eves v. LePage (1st Cir. 2016): Represented the Governor of Maine in an appeal of the dismissal of a civil dispute brought by the Speaker of the Maine House of Representatives.
  • Bais Yaakov of Spring Valley v. FCC (D.C. Cir. 2015): Represented Staples Inc. in a challenge to an FCC order extending the Telephone Consumer Protection Act’s unsolicited fax advertisement opt-out requirements.
  • Wiggins v. ING, U.S., Inc. (2d Cir. 2015): Represented 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.

Notable Federal Appellate Amicus Briefs

  • Strougo v. Barclays PLC  (2d Cir. 2016): Representing the U.S. Chamber of Commerce as amicus curiae urging the Second Circuit to overturn a district court decision that flouts the “fraud-on-the-market” principles.
  • 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 U.S. Chamber of Commerce 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 U.S. Chamber of Commerce 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 U.S. Chamber of Commerce as amicus curiae in a challenge to a district court injunction forcing a pharmaceutical company to continue producing a drug.

Federal District and State Court Litigation

  • Princeton University v. U.S. Dep’t of Education (D.D.C. 2016): Representing an organization of students opposing Princeton University’s “reverse FOIA” lawsuit to stop the release of documents relating to alleged discrimination against Asian Americans.
  • S&R Development Estates, LLC v. Town of Greenburgh, New York (S.D.N.Y. 2016): Representing a real-estate developer in a Fair Housing Act lawsuit against municipal defendants for blocking an affordable housing project.
  • Gegenheimer v. Stevenson, (W.D. Tex. 2016): Representing a Texas attorney in a challenge to racial and gender quotas for board membership on the Texas State Bar.
  • 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): Represented a tenant facing eviction for possessing a firearm for self-defense.
    divider