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Gupta Wessler PLLC is a national appellate and constitutional litigation boutique. We brief and argue high-stakes cases in the U.S. Supreme Court and courts across the country. We also pursue policy solutions in the nation’s capital. Through all of our efforts, we aim to help shape the law in ways that enhance justice and improve people’s lives.


November 2015: Gupta argues appeal over NFL concussion settlement; APLaw360; Intelligencer / Firm coordinates national effort to stave off preliminary approval of a proposed nationwide settlement with a major internet payday lender / Firm files Supreme Court brief on debt collectors and litigation immunity / Firm files brief for Governor of Montana in Supreme Court case on fate of public-sector unions / Firm wins First Amendment challenge to Florida’s credit-card surcharge law; press release; American BankerDaily Report; Tampa Business JournalReuters, Orlando Sentinel, ABA Journal, Courthouse News Service, Inside Sources / On behalf of youth groups, firm files environmental-justice challenge to oil drilling in Los Angeles neighborhoods; press release; L.A. Times; Reuters; Grist / Firm’s latest filing alerts Second Circuit to extraordinary new developments in the Chevron-Ecuador case; Wall Street Journal, VICE, and Courthouse News / Gupta previews Supreme Court’s argument on workers’ rights class action
October 2015: Gupta quoted in front-page New York Times story on rise of forced arbitration / Gupta speaks at ABA’s National Institute on Class Actions in New Orleans / Firm files reply challenging internet lender’s “tribal arbitration” scheme / Gupta speaks at Yale Law School conference on law & inequality / In NFL concussion litigation, firm files reply for former players challenging global settlement / Firm files Supreme Court reply in cross-border shooting case / Firm files brief on extraterritorial reach of human trafficking laws in case of executed Nepali workers lured to work in Iraq
September 2015: Firm files brief surveying seven centuries of gun laws in defense of DC’s public-carry law / Firm argues that Supreme Court should dismiss major class-action case / Gupta previews Supreme Court’s class-action cases for Bloomberg / Firm files brief on relationship between firearms regulation and technological change / Firm files Supreme Court brief in whistleblower suit over defense-contractor fraud in Iraq / Canadian Supreme Court unanimously rules Ecuadorian victims may seek to enforce pollution judgment against Chevron / Gupta testifies on Dodd-Frank Act in U.S. House of Representatives / Firm files appeal on auto dealer “yo-yo” scam / Netroots groups support FCC’s net neutrality rule / Groups sue to overturn Wyoming’s new data censorship laws
August 2015: On behalf of former NFL players, firm challenges proposed global settlement of claims that the NFL hid the risk of concussions / Amicus briefs filed by the government of Mexicolaw professors, border groups, and human rights groups in support of the firm’s Supreme Court petition in cross-border shooting case / Firm files reply on appeal in First Amendment challenge to Texas surcharge law / Court strikes down Idaho “ag-gag” law, adopting arguments in firm’s brief for constitutional scholar Erwin Chemerinsky
July 2015: Firm seeks Supreme Court review in cross-border shooting of unarmed Mexican teen by U.S. border patrol agent / Bloomberg profiles the firm as an “Appellate Boutique Going to Bat for the Little Guy” / Firm files letter to Tenth Circuit, arguing against deference to agency interpretations of preemption clauses / Gupta testifies before U.S. Senate Judiciary Committee on constitutionality of Dodd-Frank and Consumer Bureau / Wessler speaks on consumer class actions in Chicago / Firm announces that prominent public interest litigator Matt Wessler has joined as a named principal; report in Law360 / Firm wins a Third Circuit appeal on burdens of proof under Fair Debt Collection Practices Act / Firm announces opening for a one-year litigation fellowship starting in fall 2016 / The firm represents intervenors in support of FCC’s net neutrality rule / Wessler speaks on appellate advocacy at American Association for Justice in Montreal
June 2015: Justice Kennedy’s surprise opinion upholding Fair Housing Act disparate-impact liability adopts the firm’s historical analysis / Firm defeats Supreme Court petition on consumer arbitration / Gupta argues major commercial speech case before Eleventh Circuit; article in Daily Report / Firm challenges internet lender’s “tribal arbitration” scheme / En banc Ninth Circuit hears argument in key Second Amendment appeal  / Firm brings major commercial-speech appeal in Fifth Circuit, supported by national consumer groups, big retailers, and public interest groups / Gupta speaks on appellate advocacy at PLI seminar in New York
May 2015: Firm wins Supreme Court victory for workers’ rights, defeating trucking industry’s attempt to preempt century-old workplace protections / Firm files brief to the en banc Ninth Circuit, tracing gun regulation from 1300s England to the O.K. Corral / Firm defeats petition, filed by Paul Clement, on ascertainability doctrine / Firm files brief in Chevron-Ecuador appeal on implications of international treaty arbitration / Firm files brief for scholars supporting Financial Stability Oversight Council’s too-big-to-fail authority under Dodd-Frank
April 2015: Gupta argues opposite Ted Olson in Chevron-Ecuador case in defense of an $8.6 billion environmental judgment arising out of decades of oil pollution in the Amazon rainforest / Firm files brief on behalf of Everytown for Gun Safety in Second Amendment challenge to California’s waiting period on firearms / Gupta speaks on plaintiff-side appellate advocacy at Yale Law School and participates in roundtable on consumer arbitration / Gupta debates Andy Pincus on Article III standing at PLI in New York
March 2015: Firm wins major victory in First Amendment challenge to California’s credit-card surcharge law / Gupta quoted in front page New York Times article on how mandatory arbitration harms military servicemembers / Gupta argues major First Amendment commercial speech case before Second Circuit / Gupta speaks on appellate advocacy at consumer law conference / Conti-Brown testifies before Senate Banking Committee on Fed reform proposals /  Gupta speaks on a panel on “The Future of Class Actions” at New York City Bar / Conti-Brown debates Philadelphia Fed president at Brookings on Reserve Banks’ role in monetary policy
February 2015: Gupta argues Ninth Circuit appeal over constitutionality of California’s regulation of background-screening companies / Firm files U.S. Supreme Court amicus brief for professors of bankruptcy law / Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act / Gupta argues Eleventh Circuit appeal on “prior express consent” under the Telephone Consumer Protection Act
January 2015: Firm wins victory for Internet free speech: South Dakota court rejects bid by First Premier Bank for a gag order against the firm’s client, credit-card-comparison site Cardhub.com; report in the Wall Street Journal / U.S. Supreme Court hears arguments in Texas fair housing case, in which the firm represents Members of Congress; Gupta interviewed by Mother Jones / Firm defeats Fourth Circuit petition on Article III standing and wilfulness under Fair Credit Reporting Act / Firm files weighs in, with constitutional scholar Erwin Chemerinsky, on free speech and equal protection challenge to Idaho’s “Ag Gag” law
December 2014: Gupta interviewed in Angeion’s “Leading Litigator” series / Firm files reply in case against Major League Baseball over Fair Labor Standards Act coverage / Firm files Supreme Court brief for Members of Congress in Texas housing case / Firm files appellate brief in constitutional challenge to Florida surcharge law, supported by national consumer groups and major retailers / Firm files Fourth Circuit brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act / Firm files a class action against debt collectors that rent out prosecutor letterhead — the subject of a recent ABA ethics opinion and report in L.A. Times / Firm wins First Amendment case against the Florida Bar
November 2014: Gupta appears in Lost in the Fine Print, a new short film on the effects of forced arbitration / Firm files Second Circuit reply in Chevron v. Donziger appeal over $8 billion Ecuadorian pollution judgment / Deepak Gupta and Brian Wolfman present plenary session on appellate advocacy at National Consumer Rights Litigation Conference / Firm files brief in First Amendment challenge to California credit-card surcharge law
October 2014: Firm wins class-action judgment of $56 million for federal bankruptcy judges / Gupta argues First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit in South Dakota / Gupta argues constitutional challenge to Texas credit-card surcharge law
September 2014: Rolling Stone reports on Chevron’s attempts to evade responsibility for oil pollution in Ecuador / Firm successfully defeats Experian’s Fourth Circuit petition for interlocutory review of class certification order, raising Article III standing issues/ Gupta argues Ninth Circuit wage-and-hour case for Deloitte & Touche audit employees; report at Law360 / Firm defends jury verdict in Third Circuit appeal over burden-shifting under FDCPA / Brian Wolfman, of counsel to the firm, joins Stanford’s Supreme Court Litigation Clinic / CBS News reports on the firm’s First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit
August 2014: Firm wins Fourth Circuit appeal on abusive collection practices / Gupta speaks on plaintiff-side appellate advocacy to the Inner Circle of Advocates / Firm files U.S. Supreme Court brief opposing Spokeo’s petition on Article III standing in statutory-damages class actions / Firm files Second Circuit brief arguing that Major League Baseball is not exempt from the Fair Labor Standards Act / Firm mounts First Amendment defense of CardHub credit-card-comparison website against trademark infringement suit by First Premier Bank / Firm seeks summary judgment in First Amendment challenge to California’s no-surcharge law
July 2014: Firm wins major Ninth Circuit preemption victory, reversing a string of decisions finding California labor law preempted by federal transportation deregulation; report at San Francisco Chronicle / Firm files Second Circuit brief defending $8.6 Billion Ecuadorian pollution judgment in Chevron v. Donziger; reports at BusinessweekThe American Lawyer, and Wall Street Journal / Firm files a motion for preliminary injunction in First Amendment challenge to Texas no-surcharge law / Gupta interviewed by SCOTUSblog on Noel Canning‘s political consequences / Gupta speaks on plaintiff-side appellate advocacy and other topics at the American Association for Justice annual convention in Baltimore / Firm files a class action against Bounceback, Inc. a for-profit debt collector that rents out the seal and letterhead of local prosecutors to collect debts through threats of criminal prosecution
June 2014: Firm files Second Circuit brief defending our victory in constitutional challenge to New York’s credit-card surcharge law, and summary-judgment briefing in parallel constitutional challenge in Florida / Gupta speaks at 10th annual class actions conference in Seattle
May 2014: Gupta speaks on “seeking and opposing discretionary review” at 2014 Appellate Advocacy Institute in New York / Firm files Eleventh Circuit brief on federal telemarketing law’s “prior express consent” requirement / Four judges on the Third Circuit dissent in response to the firm’s rehearing petition in Carrera v. Bayer, concerning the “ascertainability” requirement for class certification
April 2014: Firm files Second Circuit brief for former Congressman Patrick Kennedy on intent of the Mental Health Parity and Addiction Equity Act / Gupta speaks at Georgetown Law symposium on “Making the Fine Print Fair”; report at Philadelphia Inquirer / Conti-Brown pens Politico article on “The Constitutional Crisis at the Fed” / Gupta argues Fourth Circuit consumer rights appeal in Charleston, South Carolina / Gupta speaks on mass claims in arbitration to the American Society for International Law & Institute for Transnational Arbitration in Washington, DC / Firm opposes Chevron’s $32 Million attorneys’ fees motion in Chevron v. Donziger / Gupta co-chairs Annual Consumer Financial Services Institute in New York and Chicago
March 2014: Firm represents Nobel laureate Joseph Stiglitz in Argentina bonds case in U.S. Supreme Court; Bloomberg / Firm associate Jon Taylor argues major consumer-rights appeal before the Alaska Supreme Court /Firm defeats banking industry’s petition for U.S. Supreme Court review of Article III standing in statutory-damages cases / Firm defeats billionaire’s U.S. Supreme Court plea to review personal liability in wage-and-hour class action / Firm files three simultaneous First Amendment challenges to the credit-card surcharge laws of Florida, Texas, and California; report at Bloomberg News; press release / Firm wins Eleventh Circuit appeal: Telephone Consumer Protection Act requires personal consent to receive cell-phone calls and allows consent to be revoked orally / Gupta issues statement in response to trial court’s decision in Chevron v. Donziger / Gupta argues Ninth Circuit appeal on federal preemption of state labor law; report in Daily Journal
February 2014: The firm files a brief asking the U.S. Supreme Court to reject a New York billionaire’s plea to review a decision holding him personally liable as an employer for millions of dollars in wage-and-hour violations / The firm files a brief arguing that the U.S. Supreme Court shouldn’t take up the question of Article III standing in statutory damages cases / The firm files a petition in the U.S. Supreme Court concerning the extent to which life insurers act as ERISA fiduciaries when they send beneficiaries “checkbooks” instead of lump-sum payments / The firm files a brief in the Eleventh Circuit arguing that damages for violations of bankruptcy’s automatic stay belong to the individual injured rather than the estate
January 2014: The firm announces its representation of Steven Donziger in Chevron v. Donziger, the oil company’s RICO action against Ecuadorian rainforest communities & their advocates over a $9.5 billion judgment for pollution of the Amazon; files post-trial reply brief and motion to dismiss for lack of subject-matter jurisdiction; report in the Wall Street Journal / Firm wins appellate victory in Fourth Circuit: Federal law requires debt collectors to give consumers the right to oral disputes / Firm files Ninth Circuit brief in Cabral v. Supple, concerning consumer fraud class actions, the placebo effect, and behavioral economics; amicus briefs filed by AARP, Center for Science in the Public Interest and Consumer Attorneys of California
December 2013: Firm files First Amendment challenge to Florida’s restrictions on lawyer websites & social media; report at Bloomberg BNA / Conti-Brown speaks on Federal Reserve Board at GWU symposium / Firm files Eleventh Circuit brief on Telephone Consumer Protection Act’s “express consent” requirement / Firm files U.S. Supreme Court petition on timing of Truth in Lending Act suits
November 2013: Gupta speaks on plaintiff-side appellate advocacy at Yale Law School / Gupta debates U.S. Senator David Vitter in New Orleans / Firm wins appellate victory in Second Circuit attorneys’ fees appeal / Gupta speaks on Supreme Court cases at NLJ Regulatory Summit / Rubin, Wolfman and Gupta speak on various topics at the National Consumer Rights Litigation Conference / Conti-Brown delivers lecture on the Federal Reserve at the U.S. Treasury / Arkush publishes essay on recess appointments in Harvard Law Review forum
October 2013: Firm obtains groundbreaking victory in First Amendment challenge to New York’s credit card surcharge law; reports at ReutersLaw360BloombergWall Street Journal, feature story at ABA Journal Firm represents Members of Congress before the U.S. Supreme Court in major civil rights case / Gupta argues appeal on consumer collection dispute rights before the Fourth Circuit / Firm files brief urging U.S. Supreme Court to reject online payday lender’s request to review Montana arbitration ruling / Gupta speaks at ABA conference on consumer finance in Baltimore / Gupta speaks on the U.S. Supreme Court at the 9th Annual Class Actions Conference
September 2013: Gupta to deliver lecture in Chicago sponsored by the Institute for Consumer Antitrust Studies: “Will Class Actions Survive the Roberts Court?” / Firm files Third Circuit rehearing petition seeking en banc review of a controversial decision on “ascertainability” in consumer products class actions / Firm files Ninth Circuit brief defending the constitutionality of California’s law regulating background-screening companies / Firm wins summary judgment in class action on behalf of federal bankruptcy judges in judicial-pay litigation
August 2013: Firm wins significant appellate victory on constitutional standing in statutory-damages cases; Eighth Circuit reverses dismissal of two consumer class actions / The firm successfully opposes a major class certification appeal in the Eleventh Circuit / The firm welcomes our newest lawyer, Peter Conti-Brown, who joins us from a clerkship on the D.C. Circuit / Gupta to speak on U.S. Supreme Court’s term in review at the American Bar Association annual meeting in San Francisco
July 2013: In major appellate victory for the firm, the Second Circuit holds a New York billionaire personally liable to his workers for $3.5 Million in wage-and-hour violations committed by his company / Gupta to speak on the U.S. Supreme Court’s recent civil rights and arbitration cases at American Association for Justice’s annual meeting in San Francisco / The firm’s brief to the Alaska Supreme Court argues that foreclosure mills are covered by federal consumer protections / Firm files Eleventh Circuit brief on federal telemarketing law’s consent requirement / Amicus briefs filed by national consumer groups and major retailers support the firm’s constitutional challenge to credit-card surcharge laws
June 2013: Gupta quoted on the front page of the Wall Street Journal and on NPR’s Marketplace discussing the Supreme Court’s class-action jurisprudence / The firm represents the National Conference of Bankruptcy Judges in judicial-pay litigation / U.S. Supreme Court decides American Express v. Italian Colors, in which the firm served as counsel for respondents; Gupta quoted in Reuters, Bloomberg, Wall Street Journal  / The firm files a constitutional challenge to New York’s law on credit-card surcharges; reports in Law360, Bloomberg, Consumer Affairs, N.Y. Post / Gupta speaks at Federalist Society’s “Executive Branch Review” conference; report at Legal Times
May 2013: Gupta co-chairs PLI’s Consumer Financial Services Institute in Chicago / Gupta argues before the Eighth Circuit in Omaha over whether consumers have Article III standing to seek statutory damages for notice violations / U.S. Supreme Court denies certiorari in Zinni v. Convergent Outsourcing, in which firm filed the successful brief in opposition for the respondent
April 2013: Gupta quoted on NPR’s Marketplace and Talking Points Memo discussing the impact on the CFPB of the constitutional controversy over President Obama’s recess appointments / Firm files supplemental U.S. Supreme Court brief on impact of Genesis Healthcare v. Symczyk / U.S. Supreme Court decides McBurney v. Young; Gupta quoted in Los Angeles Times, Reuters, Mother Jones, Law360, Bloomberg U.S. Law Week, and Freedom of Information News / Gupta speaks at 46th Pacific Coast Labor & Employment Conference in Seattle / Gupta files Fourth Circuit brief in Fair Debt Collection Practices Act appeal / Gupta files Second Circuit brief in fees appeal / Gupta co-chairs 18th Annual Consumer Financial Services Institute in New York / Gupta speaks on civil rights and lending at the American Bar Association / Gupta files reply in the Ninth Circuit in Brady v. Deloitte, a wage-and-hour class action appeal
March 2013: Firm files brief in opposition in the U.S. Supreme Court in Zinni v. Convergent, concerning whether unaccepted settlement offers deprive courts of Article III jurisdiction / Gupta debates former White House Counsel C. Boyden Gray over the new consumer bureau’s constitutionality at Georgetown Law / Gupta speaks on Supreme Court and discretionary appellate review at PLI Appellate Advocacy 2013, New York / Firm files comments in the Tennessee Supreme Court on behalf of the Tennessee First Amendment Society, raising constitutional objections to proposed commercial speech restrictions
February 2013: Gupta argues before the U.S. Supreme Court in McBurney v. Young, a constitutional challenge to Virginia’s citizens-only public records law: transcript, audio, Washington Post recap / U.S. Supreme Court hears arguments in Amex v. Italian Colors, a case concerning the arbitration of complex antitrust disputes, in which Gupta represents the respondents
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