Huntsman v. Corporation of the President of the Church of Jesus Christ of Latter-day Saints (9th Cir.)
Secured a unanimous en banc victory for the LDS Church in a case involving a former member’s allegations of fraud.
We have successfully litigated high-stakes appeals in every federal court of appeals in the country, as well as many state supreme and intermediate courts. Our extensive appellate experience runs the gamut, encompassing matters involving antitrust, arbitration, attorneys’ fees, bankruptcy, class actions, copyright, criminal prosecutions, education, elections, employment, energy, the environment, ERISA, the False Claims Act, the Food, Drug, & Cosmetic Act, health care, labor, national security, patent, preemption, professional liability, punitive damages, RICO, securities, telecommunications, tribal law, the Voting Rights Act, and all manner of constitutional issues. We have successfully handled patent appeals to the Federal Circuit, administrative appeals to the D.C. Circuit, petitions for mandamus, and petitions for interlocutory appeal under 28 U.S.C. §1292(b) and Federal Rule of Civil Procedure 23(f).
Representative matters handled by our attorneys include:
United States v. Regeneron Pharmaceuticals (1st Cir.)
Successfully represented Regeneron in obtaining a unanimous decision requiring but-for causation to prove alleged violations of the Anti-Kickback Statute.
BMC Software, Inc. v. IBM Corporation (5th Cir.)
Secured the unanimous reversal of a $1.6 billion damages award against IBM in a dispute with a software rival over a licensing agreement.
Hardwick v. 3M Company (6th Cir.)
Secured the dismissal of a lawsuit with a class composed of all 11.8 million Ohioans in a unanimous decision holding that class members had alleged no facts plausibly implying that trace amounts of “forever chemicals” in their blood came from the defendants.
Spencer v. Chiumento (2d Cir.)
Successfully represented a pastor and his church in securing a preliminary injunction against a New York law criminalizing firearm possession in “any place of worship."
In re. Congoleum Corp. (3d Cir.)
Secured a unanimous victory for Occidental Chemical Corporation in a case holding that a party Occidental had sued could not reopen bankruptcy proceedings to foreclose the suit.
Maine Lobstermen’s Association v. National Marine Fisheries Service (D.C. Cir.)
Successfully represented Maine lobstermen in challenging a federal regulation improperly based on worst-case scenarios in a victory that drew bipartisan praise from Maine’s governor and congressional delegation.
Pulse Network v. Visa (5th Cir.)
Successfully represented Pulse in securing reversal and reassignment in a long-running antitrust challenge to Visa’s debit network practices.
United States v. Brown (11th Cir.)
Successfully represented former Congresswoman Corinne Brown in securing an en banc decision reversing a district court’s dismissal of a juror for stating that he relied on divine guidance in discharging his deliberation duties.
California v. EPA (D.C. Cir.)
Successfully represented the Alliance of Automobile Manufacturers in securing dismissal of an attempt to block the EPA from reconsidering stringent greenhouse gas emission standards for cars and light trucks.
NFL Players Association v. NFL (2d & 5th Cirs.)
Successfully represented the NFL in high-profile litigation challenging the suspensions of Tom Brady and Ezekiel Elliott.
Aoki v. Johnson & Johnson (5th Cir.)
Successfully represented Johnson & Johnson in securing vacatur of a $502 million jury verdict in its first bellwether hip-implant case.