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An Insider's Guide to the Supreme Court: Key Cases and Insights

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How is the Supreme Court reshaping the legal landscape, and what do its recent decisions signal for companies navigating an...

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How is the Supreme Court reshaping the legal landscape, and what do its recent decisions signal for companies navigating an evolving legal and regulatory environment?Join us for a fast-paced, point-counterpoint conversation among three Supreme Court advocates as they discuss the most consequential decisions decided by the U.S. Supreme Court from last term and pending before it now. Our speakers, who clerked for two U.S. Supreme Court Justices and three U.S. Court of Appeals judges, will also provide insights into the shifting ideological divisions in the Court and major trends on the Court’s docket.The conversation will cover significant developments in administrative law, intellectual property, preemption, and arbitration, as well as the Court’s high-profile constitutional cases and the ongoing growth of its emergency docket. Participants will gain an insider's perspective on the cases, trends, and dynamics shaping the Supreme Court—and what they may signal for the term ahead.Speakers:<ul><li>Aileen McGrath –  Partner, San Francisco, clerked for U.S. Supreme Court Justice Stephen G. Breyer and Chief Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit</li><li>Joe Palmore –  Partner, Washington, D.C., clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg and Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit</li><li>Alex Avvocato –  Associate, New York, clerked for Judge Michelle T. Friedland of the U.S. Court of Appeals for the Ninth Circuit</li></ul><hr>

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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:<ul><li>Class actions and consumer protection litigation</li><li>Constitutional law and civil rights cases</li><li>Labor and employment disputes</li><li>State and local government litigation</li><li>Administrative law (state and federal)</li></ul>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.<h4>Representative Experience</h4><ul><li><a href="/resources/video-audio/240109-george-sheetz-county-el-dorado" target="_self">Sheetz v. County of El Dorado</a> (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.</li><li>Successfully opposed a U.S. Supreme Court petition for certiorari in a Fourth Amendment case involving a circuit conflict.</li><li><a href="/resources/video-audio/220726-teresa-armstrong-v-michaels-stores" target="_self">Armstrong v. Michaels Stores, Inc.</a> (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.</li><li>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.</li><li>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.</li><li>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.</li><li>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.</li><li>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.</li><li><a href="https://www.ca9.uscourts.gov/media/audio/?20191202/18-17308/" target="_blank">City & County of San Francisco v. Barr</a> (10:43) Successfully challenged federal government’s denial of Byrne JAG funding for sanctuary cities, including briefing and arguing appeal before Ninth Circuit and opposing petition for certiorari.</li><li>Successfully briefed and argued appeal in landmark California water rights case challenging the operation of the Hetch Hetchy Reservoir.</li><li><a href="/resources/video-audio/210301-jesica-rivera-v-merrick-garland" target="_self">Rivera v. Garland</a> (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.</li><li><a href="/resources/video-audio/250123-twin-metals-minnesota-llc-v-united-states" target="_self">Twin Metals Minnesota LLC v. United States</a> (59:03) 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.</li><li>Defeated petition for en banc review in D.C. Circuit appeal challenging Department of Interior’s tribal land trust decision</li><li>Successfully defended local government retail ordinance against a dormant Commerce Clause challenge.</li><li>Served as key drafter of the U.S. Supreme Court merits briefing in Hollingsworth v. Perry, which secured marriage equality in California.</li><li>Defeated election challenge to a San Francisco ballot initiative.</li></ul>

Aileen McGrath

Partner

<div class="li-text-orange">Joe Palmore chairs Morrison Foerster’s Appellate and Supreme Court practice and is resident in the firm’s Washington, D.C. and New York offices. He leads high-stakes appeals in the U.S. Supreme Court, federal courts of appeals, and state appellate courts, including the New York Court of Appeals and the Appellate Division, First Department. Joe has argued 13 cases in the U.S. Supreme Court. Law360 called one of them (Thole v. U.S. Bank) a “landmark ruling” that “made huge waves in the ERISA litigation arena” and named another (Atlantic Richfield Co. v. Christian) one of the “biggest environmental law decisions” of the year. 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, contract disputes, and securities. Joe has secured important victories in the Second Circuit, where he clerked. For example, he prevailed in a securities class action for an online marketplace and a fraud case against an investment bank. A Reuters columnist called one of Joe’s Second Circuit wins a “major ruling” that “put significant qualifiers” on constitutional standing to sue in data breach cases.Joe is also a go-to lawyer for major New York state appeals, having argued and won cases in the New York Court of Appeals and the Appellate Division, First Department. In particular, he has litigated complex contract disputes before the First Department, both as counsel for appellants and counsel for respondents. In 2026, Joe was appointed by the president of the New York State Bar Association to the Committee on Courts of Appellate Jurisdiction, a group of New York appellate practitioners and state appellate judges who advise on appellate practice and procedure in the state. Joe has also handled appeals in other state appellate courts, including those of California, Massachusetts, New Jersey, Illinois, New Hampshire, and Kentucky.Joe is recommended annually by Chambers USA, Legal 500, and Best Lawyers for appellate law. Chambers USA describes him as “an outstanding oral advocate,” who is “calm, focused, effective and doesn’t back down,” and who has “complete command of the facts.” One client called him “magisterial in court,” saying he “understood the issues in greater depth than I thought possible.” (Chambers USA). Joe “writes great briefs” (Chambers USA), with one client recounting that “the Court mirrored the language he thoughtfully chose in its ultimate order” (Legal 500).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 represented the United States in the Supreme Court on a range of civil, criminal, and regulatory cases. He received the Attorney General’s Award for Exceptional Service—the Department of Justice’s highest honor for employee performance—and the Environmental Protection Agency General Counsel’s medal.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 presented oral argument in the D.C. Circuit and other federal courts of appeals. His FCC experience includes virtually all aspects of communications regulation, including broadcast, cable, wireless, wireline, and Internet.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. He 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 is also a board member of the Historical Society of the District of Columbia Circuit; a master in, and former officer of, the Coke Appellate Inn at Court; a member of the Technology Litigation Advisory Committee of the U.S. Chamber Litigation Center; and a former co-chair of the Federal Communications Bar Association’s judicial practice committee.</div><h4>Supreme Court Arguments</h4><ul class="li-text-orange"><li class="li-text-orange"><a href="/resources/video-audio/250121-mclaughlin-chiropractic-assoc-v-mckesson" target="_self">McLaughlin Chiropractic Assoc. v. McKesson Corp.</a> (28:16) Whether the Hobbs Act’s grant of exclusive jurisdiction to courts of appeals to review FCC orders bars collateral review of the merits of FCC orders in private-party litigation.</li><li><a href="/resources/video-audio/200113-thole-v-u-s-bank.html" target="_self">Thole v. U. S. Bank, N. A.</a> (28:15) Whether the Hobbs Act’s grant of exclusive jurisdiction to courts of appeals to review FCC orders bars collateral review of the merits of FCC orders in private-party litigation.</li><li><a href="/resources/video-audio/191203-atlantic-richfield-v-christian.html" target="_self">Atlantic Richfield Co. v. Christian</a> (28:10) Whether state-law pollution clean-up remedies are barred by CERCLA.</li><li><a href="/resources/video-audio/140423-cts-corp-waldburger.html" target="_self">CTS Corp. v. Waldburger</a> (16:22) Whether the U.S. Court of Appeals for the Fourth Circuit correctly interpreted CERCLA to apply to statutes of repose as well as to statutes of limitations.</li><li><a href="/resources/video-audio/140122-abramski-v-united-states.html" target="_self">Abramski v. United States</a> (26:01) Involving the materiality of a false statement made when purchasing a firearm.</li><li><a href="/resources/video-audio/131113-fernandez-california.html" target="_self">Fernandez v. California</a> (42:27) 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.</li><li><a href="/resources/video-audio/121031-florida-harris.html" target="_self">Florida v. Harris</a> (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.</li><li><a href="/resources/video-audio/130320-horne-department-agriculture.html" target="_self">Horne v. Department of Agriculture</a> (26:50) Involving jurisdictional requirements for Takings Clause claims.</li><li><a href="/resources/video-audio/121127-us-airways-inc-mccutchen.html" target="_self">US Airways v. McCutchen</a> (21:18) Involving the limits on equitable relief available in suits against ERISA plans by beneficiaries and participants.</li><li><a href="http://www.mofo.com/resources/video-audio/111011-pacific-operators-offshore-valladolid.html">Pacific Operators Offshore v. Valladolid</a> (25:36) Involving the territorial limits on compensation available under the Outer Continental Shelf Lands Act.</li><li><a href="/resources/video-audio/120111-roberts-v-sea-land-services.html" target="_self">Roberts v. Sea-Land Services</a> (27:53) Involving benefit calculations under the Longshore and Harbor Workers’ Compensation Act.</li><li><a href="/resources/video-audio/110322-borough-duryea-guarnieri.html" target="_self">Borough of Duryea v. Guarnieri</a> (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.</li><li><a href="/resources/video-audio/101208-chase-bank-usa-mccoy.html" target="_self">Chase Bank USA v. McCoy</a> (17:23) Whether Regulation Z of the Truth in Lending Act requires a creditor to give cardholders advance notice any time they raise the interest rate for default.</li></ul><h4>Representative Appellate Arguments</h4><ul class="li-text-orange"><li><a href="/resources/video-audio/250318-divx-v-harman-int-l" target="_self">DivX v. Harman Int’l </a>(2:13:08) (New York Appellate Division, First Department) Secured victory on all appeal and cross-appeal issues in commercial dispute.</li><li class="li-text-orange"><a href="/resources/video-audio/231005-klin-v-cloudera-inc" target="_self">Klin v. Cloudera, Inc.</a> (12:34) (9th Cir.) Secured affirmance of dismissal of a securities fraud suit for failure to allege falsity.</li><li><a href="/resources/video-audio/221013-wamai-v-industrial-bank-of-korea" target="_self">Wamai v. Industrial Bank of Korea</a> (10:51) (2d Cir.) Secured affirmance of forum non conveniens dismissal of fraudulent conveyance claims against foreign bank.</li><li><a href="/resources/video-audio/211210-andrew-cohen-v-apple-inc" target="_self">Cohen v. Apple Inc.</a> (19:10) (9th Cir.) Successfully defended dismissal of state-law claims as preempted by the Communications Act.</li><li><a href="/resources/video-audio/210901-veroblue-farms-usa-inc-v-canaccord-genuity-llc" target="_self">VeroBlue Farms USA Inc. v. Canaccord Genuity LLC</a> (14:17) (2d Cir.) Successfully defended dismissal of fraud claim against investment bank.</li><li><a href="https://www2.ca3.uscourts.gov/oralargument/audio/22-1379_22-1380_McLarenv.UPS.mp3" target="_blank">McLaren v. The UPS Store Inc.</a> (0:41 & 46:04) (3d Cir.) Secured reversal of an order remanding cases to state court.</li><li><a href="/resources/video-audio/211030-cho-v-blackberry-ltd.html" target="_self">Cho et al. v. BlackBerry Limited et al.</a> (16:12) (2d Cir.) Successfully defended dismissal of named plaintiffs’ individual securities claims on res judicata grounds in putative securities class action.</li><li>Richardson v. The UPS Store, Inc. (35:34) (Massachusetts Supreme Judicial Court) Secured win on question certified by a federal district court on the meaning of Massachusetts notary statutes.</li><li><a href="/resources/video-audio/180705-firefighters-retirement-consulting-services-group.html" target="_self">Firefighters’ Retirement System, et al. v. Consulting Services Group</a> (15:34) (5th Cir.) Secured win on question certified by a federal district court on the meaning of Massachusetts notary statutes.</li><li><a href="/resources/video-audio/190418-altayyar-v-etsy.html" target="_self">Altayyar v. Etsy, Inc.</a> (08:42) (2d Cir.) Secured dismissal of a securities fraud case.</li><li><a href="/resources/video-audio/180112-raytheon-company-indigo-systems-corporation.html" target="_self">Raytheon Company v. Indigo Systems Corporation</a> (12:49) (Fed. Cir.) Defeated an attempt to upend a jury verdict of no liability in a long-running trade secrets case.</li><li><a href="/resources/video-audio/190102-first-advantage-v-lexisnexis.html" target="_self">First Advantage LNS, Inc., et al. v. LexisNexis Risk Solutions, Inc.</a> (1:29:50) (New York Appellate Division, First Department) Secured a victory for LexisNexis in a significant contract dispute.</li><li><a href="/resources/video-audio/171207-nikon-corporation-asml-us.html" target="_self">Nikon Corporation v. ASML US, Inc.</a> (33:50) (9th Cir.) Secured U.S. discovery for use in foreign patent litigation.</li><li><a href="/resources/video-audio/161020-odunbaku-v-odunbaku.html" target="_self">Odunbaku v. Odunbaku</a> (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.</li><li>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.</li><li><a href="/resources/video-audio/160719-helping-hand-tool-environmental-protection.html" target="_self">Helping Hand Tools et al. v. U.S. Environmental Protection Agency et al.</a> (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.</li><li><a href="/resources/video-audio/160506-immersion-corp-htc-corp.html" target="_self">Immersion Corp. v. HTC Corp.</a> (00:07) (Fed. Cir.) Securing a reversal of district court decision, 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.</li><li>Nelson Coniglio, et al. v. Bank of America, NA (11th Cir.) Secured a reversal of default judgment against Bank of America.</li><li><a href="/resources/video-audio/150915-gregory-berry-lexisnexis-risk-information.html" target="_self">Gregory Berry v. LexisNexis Risk & Information</a> (28:30) (4th Cir.) Defended the settlement of one of the largest class actions ever certified from objector challenges.</li><li><a href="/resources/video-audio/150325-gnc-corporation-marketing-sales-practices.html" target="_self">In re: GNC Corporation; Triflex Products Marketing and Sales Practices Litigation</a> (15:42) (4th Cir.) Secured dismissal of a false-labeling claim against GNC.</li><li><a href="/resources/video-audio/091016-core-communications-inc-fcc.html" target="_self">Core Communications, Inc. v. FCC</a> (23:01) (D.C. Cir.) Successfully defended FCC’s intercarrier compensation rules.</li><li><a href="/resources/video-audio/080313-star-wireless-llc-fcc.html" target="_self">Star Wireless LLC v. FCC, et al.</a> (16:40) (D.C. Cir.) Defeated a challenge to an imposition of monetary forfeiture for violation of wireless auction anti-collusion rules.</li></ul>

Joseph Palmore

Alexandra Avvocato is a member of Morrison Foerster’s Appellate and Supreme Court practice.Alexandra’s practice focuses on appeals and critical motions in federal and state courts across the country. She has briefed appeals on a wide array of subjects, including commercial disputes, consumer class actions, securities, and intellectual property. Alexandra has presented arguments in the US Courts of Appeals for the Second Circuit and Federal Circuit and the New York Appellate Division, First Department.Before joining Morrison Foerster, Alexandra served as a law clerk for Judge Michelle T. Friedland of the U.S. Court of Appeals for the Ninth Circuit and for Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York.Alexandra received her J.D. magna cum laude from Harvard Law School, where she served as an executive editor for the Harvard Law Review. Alexandra received her B.A. magna cum laude from Columbia University in English and Comparative Literature.Alexandra is a member of the Federal Bar Council's Second Circuit Courts Committee.

Alexandra Avvocato

Associate

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An Insider's Guide to the Supreme Court: Key Cases and Insights

23 Sep 2026 9:30 AM - 10:30 AM PDT