Rita F. Lin

Partner

San Francisco, (415) 268-7466

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Education

Harvard University (A.B., 2000)
;
Harvard Law School (J.D., 2003)

Practices

Litigation

Patent Litigation

Intellectual Property Litigation

Bar Admissions

California

Clerkships

Hon. Sandra Lynch, U.S. Court of Appeals, First Circuit (2003-2004)

Capital One Bank (USA), N.A. v. McGraw

Permanently enjoined state Attorney General from issuing or pursuing subpoenas as an improper attempt to exercise "visitorial powers." Capital One Bank (USA), N.A. v. McGraw, 563 F. Supp. 2d 613 (S.D. W. Va. 2008)

Golinski v. United States Office of Personnel Management

In this landmark victory, Ms. Lin argued and won a ruling declaring the Defense of Marriage Act (DOMA) unconstitutional and holding that discrimination based on sexual orientation should be subject to heightened constitutional scrutiny (2012). Ms. Lin and Morrison & Foerster LLP were awarded the 2012 Bay Area Lawyers for Individual Freedom Service Award for their work on the case. (N.D. Cal).

To learn more about this case, click here.

In Re Checking Account Overdraft Litigation

Representing U.S. Bank and Capital One in class action, against over 50 other banks, seeking to recover allegedly excessive overdraft fees for charges made to customers' accounts on electronic debit transactions (S.D. Fla. Ongoing)

Parks v. MBNA

Authored amicus brief before the California Supreme Court on behalf of the American Bankers' Association and California Bankers' Association outlining the industry's policy concerns regarding National Bank Act preemption issues. Won a favorable ruling, in which the California Supreme Court quoted the amicus brief at length. Parks v. MBNA America Bank, N.A., 278 P.3d 1193 (Cal. 2012)

Van Slyke v. Capital One Bank

Won summary judgment on behalf of Capital One Financial Corp. in consumer class action challenging array of business practices regarding subprime credit cards. Van Slyke v. Capital One Bank, 503 F. Supp. 2d 1353 (N.D. Cal. 2007)