Joseph R. Palmore

Partner | Washington D.C.

jpalmore@mofo.com | (202) 887-6940

jpalmore@mofo.com
(202) 887-6940

Joe Palmore co-chairs Morrison & Foerster’s Appellate and Supreme Court practice and is the Managing Partner of the firm’s Washington, D.C. office. With 12 oral arguments before the U.S. Supreme Court and 45 more in other appellate courts nationwide, Joe has handled complex appeals and critical motions on a wide range of issues important to businesses. Clients call him “an outstanding oral advocate,” praising his ability to remain “completely calm at all times and in complete command of the facts” (Chambers USA).

During a recent U.S. Supreme Court term, Joe successfully argued two cases: Law360 named one of them (Thole v. U.S. Bank) as among the “biggest ERISA rulings” of 2020 and the other (Atlantic Richfield Co. v. Christian) as one of the “biggest environmental law decisions” of the year. And Joe’s oral argument before the Supreme Court on the preemptive scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in CTS Corp. v. Waldburger was described in the National Law Journal as “brilliant” and a “template for anyone arguing a statutory case before these nine justices in the future.”

Joe’s practice extends to federal and state appellate courts across the country, where he has handled appeals on issues as varied as antitrust, class actions, communications, false advertising, intellectual property, and securities. Joe’s victory in the Federal Circuit for Immersion Corporation in a patent appeal was described by another practitioner as having “saved from the fire tens of thousands of patents that would have gone up in smoke.” Joe has secured important victories in the Second Circuit (where he clerked), including for an online marketplace in a securities class action and for a technology company in a Telephone Consumer Protection Act suit. He also has a successful track record in the Ninth Circuit, including winning for a beverage company defending against an antitrust suit and for an equipment manufacturer embroiled in a dispute over U.S. discovery for foreign litigation.

Before joining Morrison & Foerster, Joe served as an Assistant to the Solicitor General at the U.S. Department of Justice. During his nearly five years in the Solicitor General’s Office, Joe had principal responsibility for briefing the constitutionality of the Affordable Care Act’s minimum coverage provision, which was upheld in the Supreme Court’s landmark decision in NFIB v. Sebelius. For his work on that case, Joe received the Attorney General’s Award for Exceptional Service (the Department of Justice’s highest honor for employee performance). He also received the Environmental Protection Agency General Counsel’s medal for his successful defense of the EPA’s interstate air pollution rules in EPA v. EME Homer City Generation.

Before working for the Justice Department, Joe spent three years as Deputy General Counsel at the Federal Communications Commission, where he oversaw all litigation involving constitutional, statutory, and administrative-law challenges to the agency’s actions and argued 10 cases in the federal courts of appeals. His FCC experience includes virtually all aspects of communications regulation, including broadcast, cable, wireless, wireline, and Internet. In addition, he provided counsel to FCC officials on matters likely to result in litigation.

Joe clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court, Judge John Gleeson of the U.S. District Court for the Eastern District of New York, and Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit in New York. Joe earned his J.D. from the University of Virginia School of Law, his M.A. in legal history from the University of Virginia, and his A.B. magna cum laude from Harvard University.

Joe is a Fellow in the American Academy of Appellate Lawyers, selected for his distinction as an appellate lawyer. He also serves as a member of the Technology Litigation Advisory Committee of the U.S. Chamber Litigation Center and is a master in, and former officer of, the Coke Appellate Inn at Court. In 2016, he served as one of the 15 “nationally recognized lawyers with substantial trial and appellate practices” who advised the American Bar Association’s Standing Committee on the Federal Judiciary on the professional qualifications of the Honorable Merrick Garland to be an Associate Justice of the Supreme Court of the United States. He is recommended by Chambers USA and Legal 500 US for appellate law.

Supreme Court Arguments

  • Thole v. U. S. Bank, N. A. (28:15)
    Whether Article III of the Constitution requires a plaintiff to demonstrate individual financial loss or the imminent risk of financial loss to assert a fiduciary duty claim against a pension plan.
  • Atlantic Richfield Co. v. Christian (28:10)
    Whether state-law pollution clean-up remedies are barred by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
  • CTS Corp. v. Waldburger (16:22)
    Whether the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts state-law statutes of repose.
  • Abramski v. United States (26:01)
    Involving the materiality of a false statement made when purchasing a firearm.
  • Fernandez v. California (42:47)
    Whether the Fourth Amendment prohibits a warrantless search of a residence when the defendant has previously objected to a search but is no longer present and the co-tenant consents.
  • Florida v. Harris (16:55)
    Whether a drug-detection dog’s alert to the exterior of a vehicle provides an officer with probable cause to conduct a warrantless search of the interior of the vehicle.
  • Horne v. Department of Agriculture (26:50)
    Involving jurisdictional requirements for Takings Clause claims.
  • US Airways v. McCutchen (21:18)
    Involving the limits on equitable relief available in suits against ERISA plans by beneficiaries and participants.
  • Pacific Operators Offshore v. Valladolid (25:36)
    Involving the territorial limits on compensation available under the Outer Continental Shelf Lands Act.
  • Roberts v. Sea-Land Services (27:53)
    Involving benefit calculations under the Longshore and Harbor Workers’ Compensation Act.
  • Borough of Duryea v. Guarnieri (19:16)
    Whether state and local government employees may sue their employers for retaliation under the First Amendment’s Petition Clause when they petition the government on matters of private concern.
  • Chase Bank USA v. McCoy (17:23)
    Whether Regulation Z of the Truth in Lending Act requires creditors to give cardholders advance notice any time they raise the interest rate for default.

Representative Appellate Arguments

  • Richardson v. The UPS Store, Inc. (35:34)
    (Massachusetts Supreme Judicial Court) Secured win on question certified by federal district court on meaning of Massachusetts notary regulation statutes.
  • Firefighters’ Retirement System, et al. v. Consulting Services Group (15:34)
    (5th Cir.) Secured reversal of district court and obtained dismissal with prejudice of accounting malpractice suit as time-barred.
  • Altayyar v. Etsy, Inc (08:42)
    (2d Cir.) Secured dismissal of securities fraud case for failure to adequately plead falsity.
  • Raytheon Company v. Indigo Systems Corporation (12:49)
    (Fed. Cir.) Defeated attempt to upend jury verdict of no-liability in long-running trade secrets case.
  • First Advantage LNS, Inc., et al. v. LexisNexis Risk Solutions, Inc. (1:29:50)
    (New York Appellate Division, First Department) Secured victory in significant contract dispute involving business acquisition.
  • Nikon Corporation v. ASML US, Inc. (33:50)
    (9th Cir.) Secured U.S. discovery for use in foreign patent litigation.
  • Odunbaku v. Odunbaku (00:11)
    (New York Court of Appeals) Secured a unanimous ruling for client seeking child support and established important procedural protections for litigants in New York’s family courts.
  • Bank v. Uber Technologies, Inc.
    (2d Cir.) Obtained dismissal of a Telephone Consumer Protection Act suit on the ground that the call was political speech.
  • Helping Hand Tools et al. v. U.S. Environmental Protection Agency et al. (32:09)
    (9th Cir.) Secured a victory in a case that set an important precedent for regulation of greenhouse gas emissions from combustion of renewable biofuels.
  • Immersion Corp. v. HTC Corp. (00:07)
    (Fed. Cir.) Securing reversal of district court, successfully defended the timeliness of Immersion’s patent application and, by extension, those of tens of thousands of patent owners whose patents were at risk of invalidation.
  • Nelson Coniglio, et al. v. Bank of America, NA
    (11th Cir.) Secured reversal of default judgment.
  • Gregory Berry v. LexisNexis Risk & Information (28:30)
    (4th Cir.) Defended settlement of one of the largest class actions ever certified from objector challenges.
  • In re: GNC Corporation; Triflex Products Marketing and Sales Practices Litigation (15:42)
    (4th Cir.) Secured dismissal of false-labelling claim.
  • Core Communications, Inc. v. FCC (23:01)
    (D.C. Cir.) Successfully defended FCC’s intercarrier compensation rules.
  • C-SPAN v. FCC
    (D.C. Cir.) Secured dismissal for lack of standing of challenge to FCC cable regulations.
  • Star Wireless LLC v. FCC, et al. (16:40)
    (D.C. Cir.) Defeated challenge to imposition of monetary forfeiture for violation of wireless auction anti-collusion rules.
  • Sprint Nextel v. FCC
    (D.C. Cir.) Defeated challenge to FCC grant of regulatory forbearance to telecommunications carrier.
  • Council Tree v. FCC
    (3d Cir.) Secured dismissal of challenge to major wireless spectrum auction.
  • Charter Communications, Inc. v. FCC
    (D.C. Cir.) Defeated challenge to FCC cable set-top box regulation.
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