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 more than 45 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 called one of them (Thole v. U.S. Bank) a “landmark ruling” that “made huge waves in the ERISA litigation arena” and named the other (Atlantic Richfield Co. v. Christian) 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.
Legal 500 US