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MoFo’s Appellate + Supreme Court practice Recognized by Chambers USA 2022

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MoFo’s Appellate + Supreme Court practice was recognized by Chambers USA 2022. See the graphic below for details.

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MoFo’s Appellate + Supreme Court practice Recognized by Chambers USA 2022

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Deanne Maynard, co-chair of Morrison Foerster’s Appellate and Supreme Court practice, is widely recognized as one of the nation’s leading appellate advocates. She has argued 14 cases before the United States Supreme Court and 70 cases in appellate courts across the country.In ranking Deanne in Band 1, Chambers USA reports that she is described as a “magnificent and top-notch lawyer” who is “wicked smart.” She is “extremely thoughtful, even-keeled and has a wonderful presence in the courtroom.” Legal 500 calls Deanne “one of the finest advocates in the Supreme Court bar,” remarking that “if she is on your team, great. If she’s on the other side, be ready.”Deanne’s winning Supreme Court arguments involve a wide range of issues and industries, including life sciences (Sandoz v. Amgen), intellectual property (MedImmune v. Genentech), antitrust (Pacific Bell v. linkLine), financial services (Ransom v. FIA Card Services), and bankruptcy (RadLAX v. Amalgamated Bank). In Sandoz v. Amgen, the Supreme Court ruled for her client in a closely watched case involving the Biologics Price Competition and Innovation Act, which provides an approval path for biosimilars. Law360 named Deanne to its exclusive list of <a href="http://media2.mofo.com/documents/171212-mvp-deanne-maynard.pdf" target="_blank">Appellate MVPs</a> for this “big victory,” dubbing her a “Legal Lion” three separate times for her work on appeals in this case. LMG Life Sciences also named Deanne <a href="https://www.mofo.com/resources/news/190920-deanne-maynard-appellate-litigator-of-the-year.html">Appellate Litigator of the Year</a>.Deanne argues complex, high stakes cases in courts of appeals nationwide. Clients turn to Deanne for crisp, clear briefs and exceptional oral advocacy. Her appellate wins run a gamut of issues from arbitration to antitrust, class actions to contracts, copyright to Commerce Clause, infringement to invalidity, and securities law to statutory interpretation. Clients praise her as “an incredible oral advocate, very prepared and formidable” (Chambers USA), and “a tireless advocate with sterling client skills” (Legal 500).Deanne has particular experience in the Federal and Ninth Circuits. She has argued more than 40 appeals in the Federal Circuit, including wins for both patentees and defendants on a wide range of technologies. Chambers USA ranked Deanne in Band 1 for Intellectual Property Appeals, describing her as “renowned for her track record in bet-the-company disputes.” She also serves as Chair of the Federal Circuit’s Advisory Council, which is a conduit between the Court and the public. In the Ninth Circuit, her many wins include a decision from the en banc Court holding large parts of a California statute unconstitutional as well as a panel decision vacating a $60 million jury verdict.Deanne is annually recommended as a leading lawyer by Chambers USA, Chambers Global, Legal 500 US, and Best Lawyers in America. She is an Officer and Fellow in the American Academy of Appellate Lawyers, selected for her distinction as an appellate lawyer. Deanne also serves on the Board of Trustees of the U.S. Supreme Court Historical Society and is a Master in, and Past President of, the Coke Appellate Inn of Court.Deanne is a leader within Morrison Foerster as well, serving on the firm’s executive committee and chairing its partner compensation committee.Before joining the firm, Deanne served as an Assistant to the Solicitor General at the U.S. Department of Justice for five years. She previously was a partner at another major law firm.After law school, Deanne clerked two Terms on the United States Supreme Court, one for Justice Stephen Breyer and another for Justice Lewis Powell (Ret.) and Justice John Paul Stevens. Before that, Deanne clerked two years for Judge Stanley Harris on the U.S. District Court for the District of Columbia.Deanne graduated magna cum laude from Harvard Law School, where she was an editor of the Harvard Law Review. She earned a B.A. in English, with distinction, from the University of Virginia.<h4>Supreme Court Arguments</h4><ul><li><a href="https://www.mofo.com/resources/video-audio/170426-sandoz-v-amgen.html">Sandoz v. Amgen </a>(00:17) Involving the Supreme Court’s first foray into the Biologics Price Competition and Innovation Act</li><li><a href="https://www.mofo.com/resources/video-audio/120423-radlax-v-amalgamated-bank.html">RadLAX v. Amalgamated Bank </a>(25:46) Whether a debtor can sell a secured asset free and clear without permitting the lienholder to credit-bid</li><li><a href="https://www.mofo.com/resources/video-audio/081208-pacific-bell-v-linkline.html">Pacific Bell v. linkLine </a>(18:38) Whether Section 2 of the Sherman Antitrust Act permits a price squeeze claim in the absence of a duty to deal</li><li><a href="https://www.mofo.com/resources/video-audio/061004-medimmune-v-genentech.html">MedImmune v. Genentech </a>(17:38) Whether a patent licensee must breach a license agreement before seeking a declaration of patent invalidity</li><li><a href="https://www.mofo.com/resources/video-audio/101004-ransom-v-fia-card-services.html">Ransom v. FIA Card Services </a>(26:34) Involving when a debtor without lease payments may take a car-ownership deduction</li><li>EC Term of Years Trust v. U.S. Whether the federal tax code relegates a trust to a wrongful levy action as its exclusive remedy</li><li>Marshall v. Marshall Involving the scope of the probate exception to federal jurisdiction</li><li>U.S. v. Olson Involving the federal government’s sovereign immunity under the Federal Tort Claims Act</li><li>Wilkinson v. Austin Whether the procedures governing placement of prisoners in supermax prison satisfied due process</li><li>Greenlaw v. U.S. Involving the power of the court of appeals in the absence of a cross-appeal</li><li>Dean v. U.S. Whether the accidental discharge of a firearm during a robbery results in a mandatory minimum prison term</li><li>Carcieri v. Salazar Involving the Secretary of the Interior’s authority to take land into trust for Indians</li><li>Boulware v. U.S. Whether a profitless corporation’s diversion of funds to a shareholder was nontaxable</li><li>Watson v. U.S. Whether trading drugs for a firearm was “using” a firearm “during and in relation” to a drug trafficking crime</li></ul><h4>Representative Appellate Arguments</h4><ul><li><a href="https://www.mofo.com/resources/video-audio/210903-in-re-cirba.html">In re Cirba </a>(25:53) (Fed. Cir.) Successfully defeated attempt to revive a jury’s patent infringement verdict against VMware</li><li><a href="http://www.mofo.com/resources/video-audio/170426-phigenix-v-genentech.html">Phigenix v. Genentech </a>(11:21) (Fed. Cir.) Secured noninfringement judgment for Genentech</li><li><a href="http://www.mofo.com/resources/video-audio/181018-zabriskie-v-fannie-mae.html">Zabriskie v. Fannie Mae </a><a href="http://youtu.be/Cz_Hp0VIkYs">(Video) </a>(0:00) (9th Cir.) Won reversal for Fannie Mae of a Fair Credit Reporting Act judgment</li><li><a href="http://www.mofo.com/resources/video-audio/161108-washington-university-v-wisconsin-alumni.html">Washington University v. Wisconsin Alumni Research Foundation </a>(0:42) (3d Cir.) Obtained reversal for Washington University in suit for royalties due under contract with WARF</li><li><a href="https://www.mofo.com/resources/video-audio/191202-nevro-v-boston-scientific" target="_self">Nevro v. Boston Scientific </a>(00:10) (Fed. Cir.) Won reversal of district court judgment of invalidity for indefiniteness</li><li><a href="https://www.mofo.com/resources/video-audio/180514-aviation-v-huerta.html">National Business Aviation Assoc. v. Huerta </a>(28:34) (D.C. Cir.) Successfully defended the City of Santa Monica against a challenge to its settlement with the FAA about its municipal airport</li><li><a href="https://www.mofo.com/resources/video-audio/200601-cr-bard-v-angiodynamics" target="_self">C.R. Bard v. Angiodynamics </a>(00:29) (Fed. Cir.) Won reversal of district court judgment of noninfringement, no willfulness, and invalidity, reviving client’s infringement case on three patents</li><li><a href="http://www.mofo.com/resources/video-audio/190409-flores-v-ups.html">Flores v. UPS & Pocino Foods v. UPS (Consolidated)</a>(<a href="http://youtu.be/eas0RAExOME">Video</a>) (13:43) (9th Cir.) Secured judgment for UPS on two putative RICO and breach-of-contract class actions about its Next Day Air services</li><li>Residential Capital v. Federal Housing Finance Agency (2d Cir.) Successfully obtained a remand in a case stemming from the ResCap bankruptcy</li><li><a href="http://www.mofo.com/resources/video-audio/171005-basf-argument.html">BASF v. Johnson Matthey </a>(0:17) (Fed. Cir.) Won reversal of an invalidity ruling against patentee BASF, reviving its patent claims</li><li><a href="https://www.mofo.com/resources/video-audio/190419-holl-v-us-district-court.html">Holl v. U.S. District Court </a>(<a href="https://youtu.be/ilT3hbMCTQ0">Video</a>) (13:32) (9th Cir.) Defeated a mandamus petition against UPS, successfully defending its arbitration provision containing a class-action waiver</li><li>Interactive Digital Software Association v. St. Louis County, Missouri (8th Cir.) Successfully argued a First Amendment challenge to an ordinance regulating video games</li><li>In Re: Tremont Securities Law (2d Cir.) Secured dismissal for a major accounting firm of a putative class action regarding a Madoff-related fund</li><li><a href="https://www.mofo.com/resources/video-audio/141216-estate-of-graham-v-sothebys.html">Estate of Graham v. Sotheby’s </a>(30:46) (9th Cir.) (en banc) Won invalidation under the Commerce Clause of parts of a California artist resale royalty law</li><li><a href="https://www.mofo.com/resources/video-audio/111206-atm-fee-antitrust-litigation.html">In re ATM Fee Antitrust Litigation </a>(17:20) (9th Cir.) Prevailed in a putative nationwide antitrust class action against one of the largest U.S. ATM networks</li><li><a href="https://www.mofo.com/resources/video-audio/131205-augme-technologies-v-yahoo.html">Augme Technologies v. Yahoo! </a>(21:49) (Fed. Cir.) Secured a noninfringement judgment for Yahoo! in a suit involving Internet display advertising</li><li><a href="https://www.mofo.com/resources/video-audio/170830-lummi-nation-argument.html">Lower Elwha Klallam Indian Tribe v. Lummi Nation </a>(<a href="http://youtu.be/OILs47RhSjM">Video</a>) (00:03) (9th Cir.) Won a reversal for the Lummi Nation, reclaiming its historic treaty rights</li><li><a href="https://www.mofo.com/resources/video-audio/141201-warsaw-orthopedic-v-nuvasive.html">Warsaw Orthopedic v. NuVasive </a>(17:44) (Fed. Cir.) Obtained vacatur of a jury’s $101 million patent damages award</li><li><a href="https://www.mofo.com/resources/video-audio/150504-momenta-v-amphastar.html">Momenta v. Amphastar </a>(02:55) (Fed. Cir.) Successfully argued for a patentee that conduct was unprotected by the Hatch-Waxman Act safe harbor </li><li><a href="https://www.mofo.com/resources/video-audio/120605-neurovision-medical-products-v-nuvasive.html">Neurovision Medical Products v. NuVasive </a>(00:00) (9th Cir.) Obtained vacatur of a jury’s $60 million trademark verdict</li></ul>

Deanne E. Maynard

Partner

<div class="videoWrapper"><iframe class="sticky-video" src="https://www.youtube-nocookie.com/embed/zkViaTsv8HQ?rel=0" frameborder="0" allowfullscreen="1" allow="autoplay; encrypted-media" title="Meet Joseph R. Palmore" title="iframe"></iframe></div>Joe Palmore co-chairs Morrison Foerster’s Appellate and Supreme Court practice and is the Managing Partner of its Washington, D.C. office. Chambers USA describes him as “an outstanding oral advocate,” who is “calm, focused, effective and doesn’t back down,” and has “complete command of the facts.” 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).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. 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 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 <a href="/resources/news/210426-no-circuit-split" target="_self">Reuters columnist</a> 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 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. One of Joe’s victories in the Federal Circuit was described by another practitioner as having “saved from the fire tens of thousands of patents that would have gone up in smoke.” And Joe has won appeals in multiple state appellate courts, including those of New York (both the Court of Appeals and First Department), California, Massachusetts, New Jersey, and Kentucky.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 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. 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 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 co-chair of the Federal Communications Bar Association’s judicial practice committee. In 2021, the American Cancer Society Cancer Action Network gave Joe its Judicial Advocacy Initiative Award for his pro bono work in healthcare cases.He is recommended annually by Chambers USA, Legal 500, and Best Lawyers for appellate law.<h4>Supreme Court Arguments</h4><ul><li><a href="http://www.mofo.com/resources/video-audio/200113-thole-v-u-s-bank.html">Thole v. U. S. Bank, N. A. </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</li><li><a href="http://www.mofo.com/resources/video-audio/191203-atlantic-richfield-v-christian.html">Atlantic Richfield Co. v. Christian </a>(28:10) Whether state-law pollution clean-up remedies are barred by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)</li><li><a href="http://www.mofo.com/resources/video-audio/140423-cts-corp-waldburger.html">CTS Corp. v. Waldburger </a>(16:22) Whether the U.S. Court of Appeals for the Fourth Circuit correctly interpreted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to apply to statutes of repose as well as to statutes of limitations</li><li><a href="http://www.mofo.com/resources/video-audio/140122-abramski-v-united-states.html">Abramski v. United States </a>(26:01) Involving the materiality of a false statement made when purchasing a firearm</li><li><a href="http://www.mofo.com/resources/video-audio/131113-fernandez-california.html">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="http://www.mofo.com/resources/video-audio/121031-florida-harris.html">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="http://www.mofo.com/resources/video-audio/130320-horne-department-agriculture.html">Horne v. Department of Agriculture </a>(26:50) Involving jurisdictional requirements for Takings Clause claims</li><li><a href="https://www.mofo.com/resources/video-audio/121127-us-airways-inc-mccutchen.html">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="https://www.mofo.com/resources/video-audio/120111-roberts-v-sea-land-services.html">Roberts v. Sea-Land Services </a>(27:53) Involving benefit calculations under the Longshore and Harbor Workers’ Compensation Act</li><li><a href="http://www.mofo.com/resources/video-audio/110322-borough-duryea-guarnieri.html">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="http://www.mofo.com/resources/video-audio/101208-chase-bank-usa-mccoy.html">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><li><a href="https://www.mofo.com/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></ul><ul><li><a href="https://www.mofo.com/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 Communications Act</li></ul><ul><li><a href="https://www.mofo.com/resources/video-audio/210901-veroblue-farms-usa-inc-v-canaccord-genuity-llc" target="_self">VeroBlue Farms USA Inc. v. Canaccord Genuity LLC</a> (14:15) (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">McLaren </a><a href="https://www2.ca3.uscourts.gov/oralargument/audio/22-1379_22-1380_McLarenv.UPS.mp3">v. The UPS Store Inc. </a>(0:41 & 46:04) (3d Cir.) Secured reversal of order remanding cases to state court</li><li><a href="https://www.mofo.com/resources/video-audio/211030-cho-v-blackberry-ltd.html">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><a href="https://www.mofo.com/resources/video-audio/200409-richardson-v-the-ups-store.html">Richardson v. The UPS Store, Inc. </a>(35:34) (Massachusetts Supreme Judicial Court) Secured win on question certified by federal district court on meaning of Massachusetts notary statutes</li><li><a href="http://www.mofo.com/resources/video-audio/180705-firefighters-retirement-consulting-services-group.html">Firefighters’ Retirement System, et al. v. Consulting Services Group </a>(15:34) (5th Cir.) Secured reversal of district court and dismissal with prejudice of accounting malpractice suit as time-barred</li><li><a href="https://www.mofo.com/resources/video-audio/190418-altayyar-v-etsy.html">Altayyar v. Etsy, Inc. </a>(08:42) (2d Cir.) Secured dismissal of securities fraud case</li><li><a href="http://www.mofo.com/resources/video-audio/180112-raytheon-company-indigo-systems-corporation.html">Raytheon Company v. Indigo Systems Corporation </a>(12:49) (Fed. Cir.) Defeated attempt to upend jury verdict of no-liability in long-running trade secrets case </li><li><a href="http://www.mofo.com/resources/video-audio/190102-first-advantage-v-lexisnexis.html">First Advantage LNS, Inc., et al. v. LexisNexis Risk Solutions, Inc. </a>(1:29:50) (New York Appellate Division, First Department) Secured victory for LexisNexis in significant contract dispute</li><li><a href="http://www.mofo.com/resources/video-audio/171207-nikon-corporation-asml-us.html">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="http://www.mofo.com/resources/video-audio/161020-odunbaku-v-odunbaku.html">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="https://www.mofo.com/resources/video-audio/160719-helping-hand-tool-environmental-protection.html">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="http://www.mofo.com/resources/video-audio/160506-immersion-corp-htc-corp.html">Immersion Corp. v. HTC Corp. </a>(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</li><li>Nelson Coniglio, et al. v. Bank of America, NA (11th Cir.) Secured reversal of default judgment against Bank of America</li><li><a href="http://www.mofo.com/resources/video-audio/150915-gregory-berry-lexisnexis-risk-information.html">Gregory Berry v. LexisNexis Risk & Information </a>(28:30) (4th Cir.) Defended settlement of one of the largest class actions ever certified from objector challenges</li><li><a href="http://www.mofo.com/resources/video-audio/150325-gnc-corporation-marketing-sales-practices.html">In re: GNC Corporation; Triflex Products Marketing and Sales Practices Litigation </a>(15:42) (4th Cir.) Secured dismissal of false-labelling claim against GNC</li><li><a href="http://www.mofo.com/resources/video-audio/091016-core-communications-inc-fcc.html">Core Communications, Inc. v. FCC </a>(23:01) (D.C. Cir.) Successfully defended FCC’s intercarrier compensation rules</li><li><a href="http://www.mofo.com/resources/video-audio/080313-star-wireless-llc-fcc.html">Star Wireless LLC v. FCC, et al. </a>(16:40) (D.C. Cir.) Defeated challenge to imposition of monetary forfeiture for violation of wireless auction anti-collusion rules</li></ul>

Joseph R. Palmore

Brian Matsui is a partner in Morrison Foerster’s Appellate and Supreme Court practice. Having argued more than 30 appeals, Brian is a go-to appellate advocate for sophisticated clients in complex appeals nationwide. Chambers USA reports Brian is a “‘terrific’ practitioner with a ‘warm and enthusiastic’ approach to matters.”Clients turn to Brian for his substantial experience with appeals in the Federal Circuit, praising him as “an invaluable advocate in patent matters.” (Chambers USA) Brian has won nine of his last ten appeals in that Court, which includes three reversals of Patent Trial and Appeal Board decisions. His nearly 20 arguments before the Federal Circuit include winning appeals from district courts, the Patent Trial and Appeal Board, and the International Trade Commission. He has handled appeals in a myriad of industries, including mobile devices, pharmaceuticals, medical devices, semiconductors, and software. Brian is an Editor of Morrison & Foerster’s <a href="https://federalcircuitry.mofo.com/">Federal Circuitry</a> blog, which takes a data-driven approach to analyzing the Federal Circuit and its decisions.Brian also briefs and argues cases in appellate courts nationwide. He has argued multiple times in the D.C., Second, Ninth and, Eleventh Circuits. His arguments include significant victories in class action appeals and in appeals for leading financial services companies. For example, Brian argued and won a D.C. Circuit appeal against the Securities and Exchange Commission (SEC) about the retroactivity of part of the Dodd-Frank Act. As a result of Brian’s win, the SEC had to change its enforcement practices against certain securities industry professionals.In addition to arguing cases before the appellate courts, Brian plays a key role on trial teams—advising clients on both critical legal issues and appellate preservation. He recently argued and prevailed against a summary judgment invalidity motion in a case involving Chugai Pharmaceutical Co. Ltd.’s revolutionary antibody recycling technology, which ultimately led to a $775 million settlement on the eve of trial for Chugai.A former law clerk for the United States Supreme Court, Brian has authored many briefs in that Court, including on important constitutional and statutory interpretation issues. He often represents clients’ interests in amicus briefs in significant Supreme Court cases affecting the business community.Leading publications have recognized Brian for his appellate skills. Legal 500 US recommends him for appellate litigation, and the National Law Journal named Brian a “Minority 40 under 40.”Brian dedicates significant time to pro bono matters. He argued and won two significant appeals—in the Second and Ninth Circuits—obtaining reversals of judgments that had denied private rights of action under the Child Welfare Act. Brian also led the Morrison & Foerster team who co-counseled a successful Eighth Amendment challenge to Florida’s imposition of a “life without the possibility of parole” sentence to a juvenile offender convicted of a non-homicide crime.For years, Brian chaired the ABA’s seven-person Standing Committee for Amicus Curiae Briefs. He served on the American Intellectual Property Law Association’s amicus committee and co-chaired the National Asian Pacific American Bar Association’s amicus committee. Brian served as an Appellate Lawyer Representative for the Ninth Circuit. Brian also serves on the Board of Directors for the Lawyers’ Committee for Civil Rights Under Law.Before entering private practice, Brian clerked on the United States Supreme Court for Justice Anthony M. Kennedy. He also clerked for Judge Pamela Ann Rymer on the Ninth Circuit and Judge David F. Levi on the Eastern District of California.While in law school, Brian served as managing editor of Volume 51 of the Stanford Law Review, and was elected to the Order of the Coif.<h4>Representative Oral Arguments</h4><ul><li><a href="https://oralarguments.cafc.uscourts.gov/default.aspx?fl=22-1260_02102023.mp3" target="_blank">SNIPR Technologies Ltd. v. Rockefeller University </a>(Fed. Cir.) Prevailed in a precedential decision reversing the Patent Office's interpretation of the America Invents Act (AIA) that subjected patents post-dating the Act to pre-AIA interference proceedings. The decision revived five of SNIPR’s patents related to CRISPR technology</li><li><a href="/resources/video-audio/220114-broadcom-corporation-v-renesas-matsui" target="_self">Renesas Electronics Corporation v. Broadcom Corporation</a> (12:40) (Fed. Cir.) Successfully argued and briefed multiple appeals from an International Trade Commission (ITC) decision and several Patent Trial and Appeal Board decisions related to an ITC investigation initiated by Broadcom involving systems-on-chip powering automobile infotainment systems</li><li><a href="/resources/video-audio/200515-william-paulus-v-ocera-therapeutics-inc" target="_self">C.R. Bard Inc. v. Medline Industries, Inc. </a>(Fed. Cir.) Won vacatur of three Patent Trial and Appeal Board decisions on obviousness</li><li><a href="https://oralarguments.cafc.uscourts.gov/default.aspx?fl=21-1745_03102022.mp3" target="_blank">Advanced Voice Recognition Systems, Inc. v. Apple Inc. </a>(14:30) (Fed. Cir.) Secured a complete victory in appeal from Patent Trial and Appeal Board that all challenged patent claims were unpatentable</li><li><a href="/resources/video-audio/200515-william-paulus-v-ocera-therapeutics-inc" target="_self">William Paulus v. Ocera Therapeutics, Inc.</a> (13:25) (9th Cir.) Successfully argued and briefed appeal in a putative shareholder class action involving a tender offer</li><li><a href="/resources/video-audio/190507-arch-development-corp-v-osi-pharmaceuticals-llc" target="_self">ARCH Development Corp. v. OSI Pharmaceuticals, LLC</a> (12:40) (Fed. Cir.) Successfully argued and briefed appeal involving the invalidation of patent claims directed to cancer treatment methods</li><li><a href="/resources/video-audio/20190805-neev-v-alcon-lensx-inc" target="_self">Neev v. Alcon LenSx, Inc.</a> (13:31) (Fed. Cir.) Successfully argued and briefed appeal involving claim construction and non-infringement issues in a suit involving surgical lasers</li><li><a href="/resources/video-audio/200410-kurtz-v-costco" target="_self">Kurtz v. Costco Wholesale Corporation </a>(9:23) (2d Cir.) Successfully petitioned for review of a class certification decision, then argued and obtained a remand for the district court to reconsider its certification decision, and an eventual reversal on an injunctive class certification decision</li><li><a href="/resources/video-audio/161117-gregory-bartko-v-sec" target="_self">Gregory Bartko v. SEC</a> (0:53) (D.C. Cir.) Successfully argued and obtained precedential ruling that the Securities and Exchange Commission could not retroactively apply Dodd-Frank’s industry-wide sanctions on securities professionals for certain securities violations</li><li><a href="/resources/video-audio/170113-monkeymedia-inc-v-buena-vista-home-entertainment" target="_self">Monkeymedia, Inc. v. Buena Vista Home Entertainment </a>(12:35) (Fed. Cir.) Successfully argued and briefed appeal involving the invalidation of patent claims directed to the transmission of video content, including over the Internet</li></ul>

Brian R. Matsui

James Sigel is a partner in Morrison Foerster’s Appellate and Supreme Court practice. James briefs and argues complex appeals for clients nationwide. He has particular experience in the U.S. Court of Appeals for the Ninth Circuit and in the California state appellate courts, having argued more than twenty times in those courts. Clients call him “wicked smart in understanding all the nuances of cases,” saying he “has this way of zeroing in on the heart of a case and reframing it so that your position becomes impossible to reject” (Chambers).James has handled appeals in many areas of law, including class actions, securities, antitrust, contracts, false advertising, and environmental regulation. An “excellent brief writer” (Chambers), James has filed over 100 briefs in federal and state appellate courts throughout the country, including the U.S. Supreme Court, the U.S. Courts of Appeals for the First, Second, Fourth, Seventh, Ninth, and D.C. Circuits, as well as the New York and California state courts.James is an experienced appellate advocate on the west coast, where he clerked on both the Ninth Circuit and the California Supreme Court. His successful oral argument in the Ninth Circuit resulted in a victory for his client UPS in False Claims Act litigation that had been ongoing for more than a decade. His winning argument in the California Court of Appeal secured the first precedential decision on the right to a jury in actions under California’s Labor Code Private Attorneys General Act, while preserving a trial-court victory for client Ralphs Grocery Company. And his win in an important Ninth Circuit Federal Food, Drug, and Cosmetic Act preemption case earned him recognition as a Law360 “legal lion,” while his victory in a Ninth Circuit trademark appeal was honored with Managing IP’s “Impact Cases of the Year” award. Among James’s other victories, he has also defeated multiple class actions against a leading consumer electronics corporation, secured a win for a major beverage company defending against a monopolization claim, and prevailed in another antitrust claim involving an alleged conspiracy in the shipment industry.James has authored more than a dozen briefs in the U.S. Supreme Court on constitutional and statutory interpretation issues important to businesses. James led the briefing on two merits cases during a recent Supreme Court term: Thole v. U.S. Bank and Atlantic Richfield Co. v. Christian. Law360 named Thole as among the “biggest ERISA rulings” and Christian as one of the “biggest environmental law decisions” of the year.James is the lead editor of Morrison Foerster’s Left Coast Appeals blog, which keeps tabs on the Ninth Circuit and its decisions. He is also a Ninth Circuit Appellate Lawyer Representative, he is a member of the California Academy of Appellate Lawyers, and he serves on the Advisory Council of the Ninth Judicial Circuit Historical Society.James maintains an active pro bono practice, having briefed and argued appeals involving constitutional, criminal, and immigration issues.Before joining Morrison Foerster, James clerked on the U.S. Supreme Court for Justice Sonia Sotomayor. James also clerked for Judge David Tatel on the D.C. Circuit, Justice Goodwin Liu on the California Supreme Court, and Judge Stephen Reinhardt on the Ninth Circuit.James graduated magna cum laude from Harvard Law School, where he was a Notes Editor of The Harvard Law Review. He received his undergraduate degree from Harvard College magna cum laude, with a Bachelor of Arts in Government and Economics.<h4>Representative Appellate Arguments</h4><ul><li><a href="https://www.mofo.com/resources/video-audio/221205-kym-pardini-v-unilever-united-states">Pardini v. Unilever United States, Inc.</a>(14:53) (9th Cir.) Briefed and argued appeal securing affirmance on preemption grounds in long-running dispute concerning the product label on “I Can’t Believe It’s Not Butter! Spray.”</li><li>LaFace v. Ralphs Grocery Company (California, Second District Court of Appeal) Briefed and argued appeal winning affirmance of judgment rejecting suitable seating claim</li><li><a href="https://www.ca9.uscourts.gov/media/video/?20220318/21-56133/" target="_blank">AK Futures LLC v. Boyd Street Distro, LLC</a> (9th Cir.) Won affirmance of preliminary injunction against trademark infringement while securing first precedential decision on legality of Delta-8 THC</li><li><a href="https://youtu.be/UC74Em_ShYQ" target="_blank">U.S. ex rel. DeFatta v. UPS </a>(15:22) (9th Cir.) Successfully briefed and argued appeal securing dismissal of False Claims Act lawsuit</li><li>Ezeokoli v. Uber Technologies, Inc. (California, First District Court of Appeal) Briefed and argued appeal securing victory in Lanham Act false-advertising lawsuit</li><li><a href="https://youtu.be/6vxtNVPrU7o?t=681" target="_blank">Kearney v. Foley & Lardner LLP </a>(11:22) (9th Cir.) Argued and won an appeal ending long-running dispute over school district’s taking of private property</li></ul><ul><li>John Russo Industrial Sheetmetal, Inc. v. City of Los Angeles Department of Airports (California, First District Court of Appeal) Argued and won judgment for airport authority in case challenging purported debarment of contractor</li><li> <a href="https://www.youtube.com/watch?v=nRXGlT9qTrs&feature=youtu.be" target="_blank">Doe v. Kelly</a> (0:00) (9th Cir.) Argued and secured affirmance of preliminary injunction requiring the federal government to improve conditions of confinement in Border Patrol detention centers</li></ul><div><h4>Additional Representative Matters </h4></div><ul><li>Thole v. U. S. Bank, N. A. (U.S. S. Ct.) Prevailed in case concerning Article III standing limitations on ERISA lawsuits</li><li>Atlantic Richfield Co. v. Christian (U.S. S. Ct.) Defeated claim that CERCLA precluded state-law tort claims for property damage</li><li>Pivotal Software Inc. v. Superior Court of California (U.S. S. Ct.) Secured certiorari for Pivotal Software (part of VMware) on question whether federal law requires stay of discovery in federal securities law actions in state court until the complaint survives a motion to dismiss</li><li>AFMS v. United Parcel Service and FedEx (9th Cir.) Prevailed in significant antitrust case, defeating claims against client UPS</li><li>Lower Elwha Klallam Indian Tribe v. Lummi Nation (9th Cir.) Won reversal for the Lummi Nation, reclaiming its historic treaty rights</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>Flores v. UPS & Pocino Foods v. UPS (Consolidated) (9th Cir.) Secured judgment for UPS on two putative RICO and breach-of-contract class actions about its Next Day Air services</li><li>In re: SSA Bonds Antitrust Litigation (2d Cir.) Defended dismissal in appeal raising issues of antitrust law and personal jurisdiction</li></ul>

James R. Sigel

Lena Hughes, a member of Morrison Foerster’s Appellate and Supreme Court practice, handles appeals and critical motions in federal and state courts across the country. She has presented oral arguments in multiple federal courts of appeals as well as in New York state appellate courts.Lena’s practice encompasses many issues important to businesses, including restructuring, class actions, securities, false advertising, arbitration, the False Claims Act, and real estate. She has briefed dozens of appeals in federal and state appellate courts throughout the country, including the U.S. Supreme Court, the First, Second, Third, Fifth, Ninth, Federal and D.C. Circuits, and the New York and California state courts.Lena has particular experience in the Second Circuit, where she clerked on both the appellate and district courts. For example, she secured a Second Circuit win that a <a href="/resources/news/210426-no-circuit-split" target="_self">Reuters columnist</a> called a “major ruling” and “important synthesis of appellate precedent” that “put significant qualifiers” on constitutional standing to sue in data breach cases. Lena also serves on the Second Circuit’s pro bono panel.Lena also has significant experience in the New York state appellate courts. In one of her New York Appellate Division arguments, she successfully secured vacatur of a trial court order denying a permanent stay of arbitration.Lena also has played substantial roles in major restructuring matters. For example, she argued an appeal for creditors in one of the most successful reorganizations of a coal company in recent times, and she represented the Ad Hoc Group of Constitutional Debtholders in successfully defending the confirmation order in the Puerto Rico bankruptcy.Lena is an Editor of Morrison Foerster’s <a href="https://leftcoast.mofo.com/">Left Coast Appeals</a> blog, which keeps tabs on the Ninth Circuit and its decisions.Before joining Morrison Foerster, Lena served as a law clerk to Justice Elena Kagan of the U.S. Supreme Court. Lena also served as a Bristow Fellow in the Office of the U.S. Solicitor General in the U.S. Department of Justice, where she participated in litigation by the United States in the Supreme Court, advised on government appeals, and presented a successful oral argument in the D.C. Circuit. Before her fellowship, Lena clerked for Judge Gerard Lynch of the U.S. Court of Appeals for the Second Circuit, and Judge Denise Cote of the Southern District of New York.Lena earned her J.D. in 2012 from Columbia Law School where she received the Ruth Bader Ginsburg Prize for academic achievement and the Wilfred Feinberg Prize for Federal Courts work. She received her undergraduate degree from the University of Chicago, with a Bachelor of Arts in International Studies.<h4>Appellate Arguments</h4><ul><li><a href="https://www.mofo.com/resources/video-audio/230308-united-states-ex-rel-piacentile-v-amgen-et-al">United States ex rel. Piacentile v. Amgen, et al.</a> (16:38) (2d Cir.) Successfully argued for affirmance of dismissal of a False Claims Act action</li><li><a href="https://www.mofo.com/resources/video-audio/220809-national-abortion-federation-v-center">National Abortion Federation v. Center for Medical Progress et al.</a> (27:06) (9th Cir.) Briefed, argued, and won appeal for National Abortion Federation defending civil contempt order</li><li><a href="https://www.mofo.com/resources/video-audio/190416-ad-hoc-committee-v-peabody.html">Ad Hoc Committee, etc. v. Peabody Energy Corporation</a> (26:05) (8th Cir.) Successfully argued on behalf of Committee of Unsecured Creditors in defense of reorganization plan against challenges by hold-out creditors</li><li><a href="https://www.mofo.com/resources/video-audio/191022-st-mazal-owner-v-citiscape.html">215-219 W. 28th St. Mazal Owner LLC v Citiscape Bldrs. Group Inc.</a> (03:18:46) (New York Appellate Division, First Department) Successfully argued for vacatur of order denying permanent stay of arbitration</li><li><a href="https://www.mofo.com/resources/video-audio/200306-cohen-v-cohen.html">Cohen v. Cohen</a> (01:18:33) (New York Appellate Division, Second Department) Successfully argued for reversal of parental visitation order that unconstitutionally required parent to adopt religious practices as condition of visitation</li><li>United States v. Stubblefield (10:54) (D.C. Cir.) Briefed, argued, and won appeal for the United States in habeas case</li></ul><h4>Additional Representative Matters</h4><ul><li>Wamai v. Industrial Bank of Korea (2d Cir.) Secured affirmance of forum non conveniens dismissal of fraudulent conveyance and turnover claims against foreign bank</li><li>VeroBlue Farms USA Inc. v. Canaccord Genuity LLC (2d Cir.) Won affirmance of dismissal of complaint against investment bank for fraud, negligent misrepresentation, and related claims</li><li>GoldTown Corp. v. United Parcel Services, Inc. (New York Appellate Division, First Department) Successfully defended dismissal of tort claims against UPS as preempted by federal law</li><li>McMorris v. Carlos Lopez & Associates, LLC et al. (2d Cir.) Secured affirmance of judgment dismissing putative class action involving alleged data breach for lack of Article III standing</li><li>Cho et al. v. BlackBerry Limited et al. (2d Cir.) Successfully defended judgment on the pleadings dismissing named plaintiffs’ individual securities claims on res judicata grounds in putative securities class action</li><li>William Paulus v. Ocera Therapeutics, Inc. (9th Cir.) Successfully defended appeal of dismissal of putative securities class action involving a tender offer</li><li>Raytheon Company v. Indigo Systems Corporation (Fed. Cir.) Defeated attempt to upend jury verdict of no-liability in long-running trade secrets case</li><li>In Re: Pacific Fertility Center Litigation (9th Cir.) Obtained appellate reversal of district court decision refusing to compel arbitration in case involving fertility clinic in California</li><li>Kurtz v. Costco Wholesale Corporation (2d Cir.) Successfully petitioned for review of a class certification decision, then obtained a remand for the district court to reconsider its certification decision, and an eventual reversal on an injunctive class certification decision</li></ul>

Lena Hughes

Of Counsel

Seth Lloyd, a member of Morrison Foerster’s Appellate and Supreme Court practice, has briefed dozens of appeals in federal and state courts of appeals nationwide. Seth has presented oral arguments in the U.S. Courts of Appeals for the D.C. Circuit, the Seventh Circuit, the Ninth Circuit, and the Federal Circuit, as well as in the New Jersey Appellate Division.Seth has particular experience in patent appeals before the Federal Circuit. He has authored successful briefs for both patentees and defendants on a wide range of technologies, from medical devices to pharmaceuticals to computer hardware and software. His practice includes appeals from district courts, the Patent Trial and Appeal Board, and the International Trade Commission. Seth also has argued five times in the Federal Circuit. His winning arguments include a successful reversal of three PTAB decisions in a consolidated appeal for a computer memory designer. Seth is co-chair of the Federal Circuit Bar Association’s Administrative Law & Regulatory Committee. And he is an Editor of Morrison Foerster’s <a href="https://federalcircuitry.mofo.com/" target="_blank">Federal Circuitry</a> blog, which takes a data-driven approach to analyzing the Federal Circuit and its decisions.Seth regularly practices in the United States Supreme Court. He has drafted petitions and amicus briefs at the certiorari stage, as well as party and amicus briefs at the merits stage. Among his successes at the U.S. Supreme Court, Seth helped secure unanimous reversal of the Alabama Supreme Court’s refusal to grant full faith and credit to a lesbian couple’s Georgia adoption judgment. Seth also moots members of the bar for Supreme Court arguments through the Georgetown Supreme Court Institute and is a member of the Edward Coke Appellate Inn of Court.Seth’s clients and peers recognize his expertise. Legal 500 named Seth a Key Lawyer; Super Lawyers called him a Rising Star; and Best Lawyers in America added him to its Ones to Watch list, all for appellate practice. Before joining Morrison Foerster, Seth served as a law clerk for Judge Richard G. Taranto of the Federal Circuit. He earned his J.D. from Stanford Law School, where he worked on two successful certiorari petitions and one successful merits case through Stanford’s Supreme Court Litigation Clinic.Seth also holds a Ph.D. and M.S. in electrical engineering from Stanford University. During his graduate studies, he received the National Defense Science and Engineering Graduate Fellowship, published 10 peer-reviewed articles, and co-invented the subject matter of five U.S. patents.<h4>Appellate Arguments</h4><ul><li><a href="/resources/video-audio/220114-renesas-electronics-v-broadcom-corporation" target="_self">Renesas Electronics Corp. v. Broadcom Corp.</a> (00:10) (Fed. Cir.) Argued and won affirmance for inter partes review petitioner in challenge to electronic device claims</li><li><a href="/resources/video-audio/170609-netlist-inc-v-diablo-technologies" target="_self">Netlist, Inc. v. Diablo Technologies, Inc.</a> (02:56) (Fed. Cir.) Argued and won reversal for owner of computer memory patents in appeals from three consolidated inter partes reviews</li><li><a href="/resources/video-audio/200610-google-llc-v-netlist-inc" target="_self">Google LLC v. Netlist, Inc.</a> (13:15) (Fed. Cir.) Argued and won affirmance for owner of computer memory patents in consolidated appeals from decade-long reexamination</li><li><a href="/resources/video-audio/220309-apple-inc-v-mph-technologies" target="_self">Apple Inc. v. MPH Technologies Oy</a> (00:16) (Fed. Cir.) Argued for inter partes review petitioner in challenge to computer security claims</li><li><a href="/resources/video-audio/180808-netlist-inc-v-sandisk-llc" target="_self">Netlist, Inc. v. SanDisk LLC</a> (01:53) (Fed. Cir.) Argued for patent owner in consolidated appeals raising APA challenges to inter partes review decisions</li><li><a href="/resources/video-audio/201026-nicole-k-v-stigdon" target="_self">Nicole K. v. Stigdon</a> (00:16) (7th Cir.) Argued for children in Indiana foster care raising constitutional due process claims</li><li><a href="/resources/video-audio/200306-strike-3-holdings" target="_self">Strike 3 Holdings, LLC v. Doe</a> (21:40) (D.C. Cir.) Argued as court-appointed amicus defending an order refusing a subpoena to unmask an internet subscriber’s identity</li><li><a href="/resources/video-audio/161118-harris-v-mangum" target="_self">Harris v. Mangum</a> (00:02) (9th Cir.) Argued as court-appointed amicus defending indigent prisoner’s right to a guardian ad litem</li></ul><h4>Additional Representative Matters</h4><ul><li>Broadcom Corp. v. International Trade Commission (Fed. Cir.) Successfully defended ITC’s determination of no Section 337 violation in case involving multiple patents directed to system-on-chip technology for automobile infotainment systems</li><li>Chugai Pharmaceutical Co. v. Alexion Pharmaceuticals (D. Del.) Successfully beat back defendant’s push for summary judgment of invalidity for lack of written description on pharmaceutical genus claims, ultimately helping to secure a $775 million settlement for the patent owner</li><li>C.R. Bard Inc. v. AngioDynamics, Inc. (Fed. Cir.) Secured reversal of district court judgment of non-infringement, no willfulness, and invalidity, reviving Bard’s infringement case on three patents</li><li>Washington University v. Wisconsin Alumni Research Foundation (3d Cir.) Successfully defended trial victory for breach of patent licensing agreement and further won judgment entitling Washington University to prejudgment interest</li><li>Nevro Corp. v. Boston Scientific Corp. (Fed. Cir.) Secured reversal for Nevro of district court judgment of invalidity for indefiniteness</li><li>Federal National Mortgage Association v. Zabriskie (9th Cir.) Won reversal for Fannie Mae of a Fair Credit Reporting Act judgment</li><li>Henson v. Santander Consumer USA Inc. (S. Ct.) Represented U.S. Chamber of Commerce and others as amici supporting respondent in unanimous affirmance of Fair Debt Collection Act decision</li><li>BASF Corp. v. Johnson Matthey Inc. (Fed. Cir.) Won reversal of an invalidity ruling against patentee BASF, reviving its patent claims</li><li>C.R. Bard Inc. v. Medline Industries, Inc. (Fed. Cir.) Won vacatur for petitioner of three Patent Trial and Appeal Board decisions on obviousness for patents to medical device technology</li><li>Altayyar v. Etsy, Inc. (2d Cir.) Secured dismissal of securities fraud case for failure to adequately plead falsity</li><li>Bridge & Post, Inc. v. Verizon Communications, Inc. (Fed. Cir.) Secured dismissal because asserted patents claimed unpatentable subject matter</li><li>Sam Francis Foundation v. Christie’s, Inc. (S. Ct.) Successfully preserved Sotheby’s en banc win at the Ninth Circuit based on the dormant Commerce Clause</li><li>Phigenix, Inc. v. Genentech, Inc. (Fed. Cir.) Secured total victory of noninfringement for Genentech</li><li>Deason v. Fujifilm Holdings Corp. (New York Appellate Division, First Department) Secured reversal in major shareholder challenge to corporate acquisition</li><li>V.L. v. E.L. (S. Ct.) As counsel for children’s guardian ad litem, secured reversal of Alabama Supreme Court’s refusal to grant full faith and credit to Georgia judgment recognizing lesbian mother as legal parent</li></ul>

Seth W. Lloyd

Associate

Appellate + Supreme Court