Aileen McGrath is a leading appellate attorney and partner in Morrison Foerster’s Appellate and Supreme Court practice. She represents clients in high-stakes appeals in the U.S. Supreme Court, the Ninth Circuit, the California Supreme Court, and appellate courts across the country, with a particular focus on California appellate litigation.

Known for her exceptional legal writing, strategic acumen, and oral advocacy, Aileen is described by clients as “extraordinarily knowledgeable,” “one of the best writers I have ever seen,” and uniquely skilled at crafting “the most effective strategy” in complex, bet-the-company cases. (Chambers USA)

A broad range of sophisticated clients turn to Aileen to lead their appeals. Aileen has a robust track record, including arguing in the U.S. Supreme Court and leading many other Supreme Court matters at the merits and certiorari stages. She has also argued multiple appeals in the U.S. Court of Appeals for the Ninth Circuit and California Courts of Appeal and led representations at the California Supreme Court.

Aileen’s appellate practice encompasses a broad range of areas, including:

• Class actions and consumer protection litigation
• Constitutional law and civil rights cases
• Labor and employment disputes
• State and local government litigation
• Administrative law (state and federal)

In addition to her appellate work, Aileen is a trusted legal advisor known for her creative problem-solving and strategic collaboration with clients. 

Before joining Morrison Foerster, Aileen served as Co-Chief of Appellate Litigation at the San Francisco City Attorney’s Office. She also served as Deputy City Attorney on the Complex and Affirmative Litigation team, acting as lead counsel for San Francisco in numerous significant matters at all levels of the judiciary, including the U.S. Supreme Court and California Supreme Court.

Aileen served as a law clerk to Justice Stephen Breyer of the U.S. Supreme Court and then-Chief Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit. She also served as a chambers attorney at the California Supreme Court for Justice Mariano-Florentino Cuéllar.

Aileen is an active member of the Bar Association of San Francisco and the Association of Business Trial Lawyers Northern California chapter. She maintains a robust pro bono practice, and she has been recognized by the International Municipal Lawyers Association and the California County Counsel’s Association for her dedication to local-government public interest work. She regularly guests lectures about oral advocacy and effective appellate writing at law schools across the country, including Yale Law School, UC Berkeley School of Law, UC Law San Francisco, and American University Washington College of Law. Aileen also frequently speaks publicly about the U.S. Supreme Court and the California Supreme Court.

Aileen earned her J.D., magna cum laude, from Harvard Law School, where she was awarded the prestigious Sears Prize, recognizing the top two students in her class. She also served as president of the Harvard Law Review. She received her B.A., magna cum laude, from Columbia University.

Representative Experience

• Sheetz v. County of El Dorado (44:10) Argued on behalf of California local government in a U.S. Supreme Court property-rights case with significant national implications for land-use planning.
• Successfully opposed a U.S. Supreme Court petition for certiorari in a Fourth Amendment case involving a circuit conflict.
• Armstrong v. Michaels Stores, Inc. (12:57) Argued and won a Ninth Circuit appeal in a case seeking to upend the standard for analyzing waiver of the right to move to compel arbitration.
• Viqual Medical Technology LLC v. Kaiser Foundation Health Plan, Inc. Argued and won California appeal defending a complete summary judgment victory on behalf of the country’s largest integrated healthcare system in a $900M+ trade secret case involving wearable medical device technologies.
• In re: Décor Holdings Argued and won a Second Circuit victory in a bankruptcy appeal challenging the assumption and assignment of a package pickup and delivery contract to a third-party purchaser in a Chapter 11 proceeding.
• Successfully defeated class certification on behalf of a leading telecommunications company, and successfully led appellate representation to defeat plaintiffs’ Rule 23(f) petition for Ninth Circuit interlocutory review.
• Served as lead counsel to a leading multinational provider of database, cloud, and enterprise technology solutions in a Ninth Circuit appeal, successfully defending final approval of a putative privacy class action settlement.Successfully represented American Indian tribe before the Second Circuit in a significant Indian law case challenging New York State officials’ operation of state highway across tribe’s reservation.
• City & County of San Francisco v. Barr (10:43) Successfully briefed federal government’s denial of Byrne JAG funding for sanctuary cities, including briefing and arguing appeal before Ninth Circuit and opposing petition for certiorari.
• Successfully briefed and argued appeal in landmark California water rights case challenging the operation of the Hetch Hetchy Reservoir.
• Rivera v. Garland (00:00) Argued and won a Ninth Circuit immigration victory in a case seeking asylum for a mother and her young daughter who fled gang violence in El Salvador.
• Twin Metals Minnesota LLC v. United States (59:03) Defeated petition for en banc review in D.C. Circuit appeal challenging Department of Interior’s tribal land trust decision.
• Argued high-profile D.C. Circuit appeal on behalf of a coalition of environmental organizations defending the dismissal of a mining company’s lawsuit threatening to undo government efforts to protect the Boundary Waters Canoe Area Wilderness region.
• Successfully defended local government retail ordinance against a dormant Commerce Clause challenge.
• Served as key drafter of the U.S. Supreme Court merits briefing in Hollingsworth v. Perry, which secured marriage equality in California.
• Defeated election challenge to a San Francisco ballot initiative.