Gupta Wessler PLLC is a national appellate, constitutional, and complex litigation boutique. We brief and argue high-stakes cases in the U.S. Supreme Court and courts across the country. We also pursue progressive 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.

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An “impressive” and “highly rated appellate practice,” known for “terrific briefs” and “incredible oral advocacy.” — Chambers USA

Gupta Wessler has “staked a name for itself” as the nation’s “premier plaintiffs-side appellate firm.” – Law 360

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The firm is proud to announce its San Francisco office, headed by Jennifer Bennett, an accomplished Supreme Court and appellate advocate, along with associate Neil Sawhney, a former fellow who has rejoined the firm. Peter Romer-Friedman has also joined the firm to launch a civil rights and class actions practice that complements the firm’s core appellate work.
The firm continues to maintain an active presence before the U.S. Supreme Court. When the Court reconvenes, Deepak Gupta will argue two consolidated cases on the reach of personal jurisdiction (postponed due to the pandemic). In February 2020, Matt Wessler argued and won a unanimous victory for workers seeking to hold companies accountable under ERISA for taking imprudent risks with retirement savings. In 2019, Deepak presented argument, at the Court’s invitation, in support of a judgment left undefended by the Solicitor General. In another recent term, we were counsel of record in three merits cases and prevailed in two, securing certiorari and reversal for our clients. Fewer than a handful of big corporate firms surpassed our record, and no boutique firm had more wins. We won a narrow qualified-immunity victory for the family of a teenager fatally shot by a border guard and prevailed in a First Amendment case in which Empirical SCOTUS ranked our brief the most readable of the term.
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The introduction of Gupta Wessler’s “impressive team” into a legal battle against a large corporate adversary means that “the opposing parties’ legal forces have been equalized” in the “arena of appellate combat.” — Bloomberg Businessweek

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We’ve recently won a string of significant appellate victories in the lower courts too: A Fourth Circuit affirmance of a rare $60 million class-action jury verdict in a telemarketing case. A Ninth Circuit decision upholding state and federal protections against abuses by background screening companies. An Eighth Circuit ruling rejecting immunity for cities that use jail to make poor people pay fines. A Ninth Circuit ruling making it easier for workers to sue companies for risking their pension funds. A Third Circuit ruling that job applicants have standing to challenge criminal background reports. A Ninth Circuit decision rejecting debt collectors’ tactic of purchasing consumers’ claims out from under them at auctions on the courthouse steps. An Eighth Circuit win in an appeal from a multimillion-dollar products-liability trial.
Despite long odds, we’ve also recently won major rulings invalidating forced arbitration clauses in various settings–including mobile apps, privatized criminal justice and tribal internet lending. On behalf of California’s and Colorado’s public pension funds, we’re opposing an effort to use corporate bylaws to force securities cases into forced arbitration. And, as outside counsel to the American Association for Justice, we continue to work with allies on a broad range of civil justice issues in all three branches of government.
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A “vibrant appellate practice focused on public interest cases and plaintiff-side representations.” — Chambers USA

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Our constitutional litigation has led to big wins too. We scored a landmark separation-of-powers win on behalf of SEIU in Wisconsin, striking down power-grab legislation that stripped the Governor and Attorney General of their powers in a lame-duck session following the 2018 election. In Brookline, Massachusetts, we recently defeated a Second Amendment challenge to public-carry restrictions, and we continue to work with Everytown for Gun Safety to defend gun laws nationwide. We’ve filed suit on behalf of coalition of domestic-violence shelters, challenging a law that requires them to allow guns onto their parking lots. And we’ve won several First Amendment challenges to laws that keeps consumers in the dark about the cost of credit cards.
Our docket also includes several constitutional challenges involving the current Administration. We’re prosecuting two historic cases over Trump’s violations of the Constitution’s Foreign and Domestic Emoluments Clauses–a case in New York on behalf of hotels and restaurants that compete with the president’s businesses (in which we had a recent Second Circuit win), and a separate case on behalf of the Attorneys General of Maryland and the District of Columbia (in which we had a recent Fourth Circuit win). On behalf of the Association of Administrative Law Judges, we’re challenging the constitutionality of anti-labor appointments to the federal-sector impasses panel. And we successfully represented the Governor of Montana, along with the State of New Jersey, in a challenge to the IRS’s decision to stop collecting donor information from dark money groups.
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“The difference with Deepak and with Gupta Wessler is that the firm is very well known as very strong in consumer rights appeals and they have a lot of Supreme Court experience. Gupta’s increasing presence in the Supreme Court . . . is particularly notable because of the small size and boutique nature of the firm.” – Empirical SCOTUS

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