1.31.2017: Firm files reply brief in Fourth Circuit appeal over company’s amendment of a “top-hat” retirement plan
1.25.2017: Firm wins Ninth Circuit appeal, argued by Jon Taylor, challenging fairness of class-action settlement
1.23.2017: National Law Journal profiles Gupta Wessler
1.24.2017: Court certifies nationwide class action challenging fees for access to federal court records (PACER); Politico; Law360
1.28.2017: Firm files U.S. Supreme Court brief in health-insurance preemption case
1.10.2017: Deepak Gupta argues before U.S. Supreme Court in First Amendment challenge to New York law that keeps consumers in the dark about credit-card swipe fees; NY Times; Wall Street Journal; AP; Bloomberg Law; Bloomberg View; Forbes; FiveThirtyEight
12.22.2016: In major victory for juvenile justice in case argued by Rachel Bloomekatz, Ohio Supreme Court holds that non-homicide prison sentence exceeding a juvenile’s life expectancy violates the Eighth Amendment
12.14.2016: Ninth Circuit upholds California’s ten-day waiting period on firearms against Second Amendment challenge. Chief Judge Thomas concurs, adopting the historical approach advocated in our brief for Everytown.
12.9.2016: At Supreme Court merits stage, firm’s brief for family of unarmed Mexican boy killed in cross-borders shooting by U.S. border guard supported by wide range of amici–including human rights and immigration organizations, former police chiefs and border patrol officials, and legal scholars.
12.7.2016: Jon Taylor and Deepak Gupta participate in Second Amendment Litigation and Jurisprudence Conference, sponsored by the Law Center to Prevent Gun Violence; Gupta speaks on “the Second Amendment and the Supreme Court: Confirmation Politics and Jurisprudential Challenges in 2017 and Beyond.”
12.5.2016: Firm files brief in Fourth Circuit appeal over company’s retroactive reduction of millions of dollars in benefits under a “top-hat” retirement plan.
12.2.2016: Firm files U.S. Supreme Court merits brief for family of unarmed Mexican boy killed in cross-border shooting by U.S. border guard (Hernández v. Mesa).
12.2.2016: Deepak Gupta quoted in Wall Street Journal article, “Trump Versus Cordray: Can New President Fire CFPB Chief on Day One?”
11.29.2016: On behalf of ten consumer and civil rights groups, firm files a brief urging the D.C. Circuit to granting rehearing of a case on the constitutionality of the Consumer Financial Protection Bureau’s structure (PHH v. CFPB)
11.28. 2016: Deepak Gupta quoted by Bloomberg and National Law Journal on PHH v. CFPB
11.23.2016: Matt Wessler interviewed in New York Times article, “Overtime Rule Is but the Latest Obama Initiative to End in Texas Court,” discussing the trend of nationwide injunctions by Texas judges against federal regulations:
“It’s a troubling trend because it’s essentially delegating policy oversight to a set of handpicked judges in the South, who can pick and choose which regulations move forward and which do not,” said Matthew Wessler, a principal at the firm Gupta Wessler who has argued multiple cases involving workers before the Supreme Court.
Mr. Wessler, the Supreme Court lawyer, marveled at how unprecedented the recent developments have been. “Using nationwide injunctions coupled with the kind of blatant forum shopping here is not something that we’ve really seen before in the modern age,” he said.
11.21.2016: At Supreme Court merits stage, firm’s First Amendment challenge to New York’s surcharge statute garners amicus support from consumer groups, retailers, libertarian groups, and scholars
11.18.2016: Deepak Gupta speaks at the Federalist Society’s national convention on the Consumer Financial Protection Bureau and the Dodd-Frank Act
11.14.2016: Firm files Supreme Court merits brief in Expressions Hair Design v. Schneiderman, a First Amendment challenge to a New York law designed to keep consumers in the dark about the cost of credit cards.
11.4.2016: U.S. Supreme Court grants firm’s health-insurance preemption case, which raises fundamental questions about the limit of federal agencies’ ability to preempt state law and the scope of the Constitution’s Supremacy Clause
11.3.2016: Deepak Gupta speaks at event on “The Future of Access to the Courts,” sponsored by the Constitutional Accountability Center and the Georgetown Supreme Court Institute. Video at C-SPAN
11.2-3.2016: Matt Wessler, with New Yorker magazine staff writer Ben McGrath, presents advanced workshop on effective legal writing at AAJ Headquarters
11.2.2016: Victims of gas explosion file lawsuits against Washington Gas and Kay Management for wrongful death and injury and economic loss. The firm represents the victims alongside CASA, an immigrant advocacy organization, and Bailey & Glasser
10.31.2016: Firm files brief on behalf of American Association for Justice and other groups in support of new federal regulations eliminating pre-dispute arbitration in nursing-home contracts
10.31.2016: Firm’s petition to U.S. Supreme Court in NFL concussion litigation supported by 135 former NFL players, Public Citizen, and Brain Injury Association
10.22.2016: Deepak Gupta presents plenary session at the National Consumer Rights Litigation Conference on Article III standing after Spokeo
10.21.2016: Firm files reply in Eighth Circuit appeal from products-liability trial concerning design of GM seat-belt system
10.20.2016: Youth groups settle lawsuit challenging oil drilling in Los Angeles; city agrees to implement new procedures
10.20.2016: Deepak Gupta elected to the American Law Institute
10.11.2016: U.S. Supreme Court grants firm’s petition in cross-border shooting case. Questions include the Constitution’s extraterritorial application, qualified immunity for later-discovered facts, and the availability of a damages remedy under Bivens.
10.11.2016: Firm files cert petition in health-insurance case raising fundamental questions of federalism and agency power
10.7.2016: On behalf of National League of Cities, U.S. Conference of Mayors, and other local-government nonprofits, firm files U.S. Supreme Court amicus brief on how discriminatory lending harms cities and local governments
10.7.2016: Deepak Gupta interviewed by the New York Times on the firm’s petition to the U.S. Supreme Court in NFL concussion litigation
10.3.2016: Firm acquiesces to cert petition in health-insurance case raising fundamental questions of federalism and agency power
9.29.2016: Supreme Court grants certiorari in Expressions Hair Design v. Schneiderman, the firm’s First Amendment challenge to state laws designed to keep consumers in the dark about the cost of credit cards. Coverage at Bloomberg; Washington Post; Wall Street Journal
9.26.2016: Firm files Supreme Court petition in NFL concussion litigation. Coverage at Associated Press; Bloomberg BNA
9.22.2016: Deepak Gupta interviewed by Bloomberg BNA on the satisfactions of a boutique appellate practice:
U.S. Supreme Court advocate and former U.S. Solicitor General Paul C. Clement and the boutique firm, Bancroft PLLC, most likely received a financial offer “they couldn’t refuse” to join Kirkland & Ellis, but “I can’t see” myself doing the same, Deepak Gupta, the founder of a top appellate boutique for plaintiffs and public-interest clients, told Bloomberg BNA. . . .
“Another reason I like to get up in the morning is that our clients aren’t just business engagements; these are clients and cases we care about,” Gupta said. Gupta’s firm doesn’t take on a case unless the attorneys believe they’re on the right side. “I don’t think we’d have the luxury to do that anywhere else,” he said.
9.16.2016: Firm seeks rehearing of Second Circuit’s Chevron-Ecuador decision
9.16.2016: On behalf of Everytown for Gun Safety, firm files brief on “common use” theory in Second Amendment jurisprudence; Washington Post
9.15.2016: Deepak Gupta speaks at Yale Law School event on “First Amendment Jurisprudence: What is Speech?”
9.14.2016: Deepak Gupta quoted in National Law Journal on the future of the Supreme Court’s pro-business agenda:
Deepak Gupta of Gupta Wessler, a leading plaintiff and consumer advocate before the court, said he does not foresee outright reversals in class action cases. But he doubts the court would push ahead with Scalia’s campaign to weaken class actions if more Democratic appointees join the court. “The change in the court’s composition means that a lot of cutting-edge industry arguments — on ascertainability doctrine, due-process challenges, standing, etc. — are now dead in the water,” Gupta said.
As for arbitration, Gupta also thinks that stare decisis — the high court’s traditional adherence to precedent — will make abrupt change unlikely. But he sees a different story in lower courts, where judges are issuing decisions that are “far more skeptical of arbitration agreements than we would have seen this time last year.”
9.8.2016: Matt Wessler discusses Supreme Court’s decision in Spokeo v. Robins at American Bar Association meeting in Boston
9.7.2016: Firm announces representation — with CASA de Maryland and Bailey & Glasser — of victims of gas explosion in Silver Spring, Maryland
9.7.2016: In class action over fees charged to support IRS’s failed regulatory program, firm files motion for summary judgment
9.6.2016: Firm files reply in support of Supreme Court petition on whether the presence of prescribing physicians breaks the chain of causation in RICO drug-fraud cases
9.2.2016: Firm wins Sixth Circuit victory in case involving car dealer’s yo-yo scam, holding defendant liable under Equal Credit Opportunity Act and reviving statutory conversion claim
8.29.2016: Firm files Fourth Circuit brief defending decision in major Fair Credit Reporting Act class action
8.26.2016: On behalf of American Association for Justice, firm files brief supporting Labor Department rule on class-action bans in forced arbitration clauses; report in Bloomberg BNA
8.26.2016: On behalf of Louisiana Sheriffs’ Pension and Relief Fund, firm files Second Circuit brief on role of materiality in shareholder class actions
8.17.2016: Firm files reply in support of Supreme Court petition in First Amendment challenge to New York no-surcharge law
8.16.2016: Bloomberg and Consumerist report on firm’s appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction
8.15.2016: Firm files response to Supreme Court petition in First Amendment challenge to Florida’s credit-card surcharge statute.
8.12.2016: In interview for Bloomberg BNA, Deepak Gupta discusses “shifting” political and legal climate on forced arbitration
8.8. 2016: District Court certifies class of tax-return preparers in case against Internal Revenue Service over $200 million in unlawful fees
8.4.2016: Deepak Gupta argues Sixth Circuit appeal over car dealer’s “spot delivery” practices
8.4.2016: Firm files reply in support of class certification in class action over fees to access federal court records (PACER)
7.29.2016: Federal court in California refuses to enforce arbitration clause in notice from private debt collector that rents out prosecutor letterhead
7.29.2016: Firm opposes dismissal of class action over fees to access federal court records (PACER)
7.29.2016: Firm briefs appeal over debt collector’s novel attempt to purchase and dismiss the claims brought against it
7.25.2016: Firm files reply brief in support of Supreme Court petition in First Amendment challenge to Texas credit-card surcharge statute.
7.22.2016: Gupta interviewed in recap of Supreme Court’s latest class action cases for Bloomberg BNA
7.21.2016: Firm rebuts historical arguments by the NRA and its allies in appeals over constitutionality of DC’s restrictions on public carrying of firearms
7.14.2016: As court-appointed counsel for the district court, firm files Sixth Circuit brief in support of order keeping the polls open during Ohio’s 2016 presidential primary election
7.13.2016: In brief for Everytown for Gun Safety, firm files D.C. Circuit brief making the affirmative historical case for the constitutionality of D.C.’s restrictions on public carrying of firearms
6.30.2016: Deepak Gupta speaks at the American Constitution Society’s 2016-2016 Supreme Court Review at the National Press Club (moderated by Tom Goldstein and featuring Walter Dellinger, Christina Swarns, Jennifer Dalvan, William Consovoy, and Guy-Uriel Charles)
6.27.2016: Firm files brief on behalf of constitutional scholar Erwin Chemerinsky in free speech and equal protection challenge to Idaho’s “Ag Gag” law.
6.24.2016: Supreme Court’s decision in RJR Nabisco underscores why the Second Circuit should reject Chevron’s collateral attack on the $8.6 billion oil-pollution judgment won by residents of Ecuador’s rainforest
6.24.2016: Matt Wessler speaks to the Kentucky Justice Association on “Positioning Reimursement Issues for Appeal”
6.23.2016: Deepak Gupta joins the Impact Fund’s board of directors
6.23.2016: Firm files brief for scholars of insurance and financial regulation in support of Financial Stability Oversight Council’s designation of MetLife as an entity posing a risk to the stability of the U.S. economy
6.17.2016: On behalf of health-plan clients, firm files U.S. Supreme Court petition on whether the presence of prescribing physicians breaks the chain of causation in RICO drug-fraud cases
6.17.2016: Firm files brief in Eighth Circuit appeal from products-liability trial concerning design of GM seat-belt system
6.17.2016: Firm files brief on behalf of constitutional scholar Erwin Chemerinsky in free speech and equal protection challenge to Utah’s “Ag Gag” law.
6.15.2015: Consumer groups, retailers, libertarians, First Amendment scholars, and behavioral economists file amicus briefs supporting firm’s cert petition in a First Amendment challenge to New York’s credit-card surcharge ban
6.14.2016: In victory for firm’s netroots clients, D.C. Circuit upholds FCC’s net neutrality rule
6.10.2016: Deepak Gupta speaks at American Constitution Society’s Convention on “Shifts in Gun Politics, Policy and Constitutional Law”
6.9.2016: Ninth Circuit upholds California’s concealed-carry gun regulations–explaining that the Second Amendment does not confer a right to carry a concealed weapon outside the home–in opinion relying on the historical gun regulations outlined in firm’s brief for Everytown for Gun Safety.
6.8.2016: Deepak Gupta speaks on First Amendment and no-surcharge rules at George Mason Law School with Eugene Volokh and Ilya Shapiro
6.7.2016: Deepak Gupta speaks at Center for American Progress program on “Reforming the Ripoff Clause: Why Access to Justice Matters for Accountability and the Economy” with Senator Al Franken, Rep. Don Beyer, Alan Carlson, and others
6.3.2016: Firm files letter brief addressing Article III standing after Spokeo in Bock v. Pressler – an FDCPA case involving mass filing of collection suits by a debt buyer; coverage at Bloomberg BNA
6.1.2016: Deepak Gupta speaks on “Spokeo and the Present and Future of Class Actions”
6.1.2016: Deepak Gupta debates Andy Pincus on Article III standing after Spokeo
5.31.2016: Firm files petition to U.S. Supreme Court in First Amendment challenge to Texas credit-card surcharge statute, supplementing the firm’s petition in a parallel case from New York
5.20.2016: On behalf of eight national public health organizations, firm files brief on federal preemption issues in en banc rehearing of major Eleventh Circuit tobacco case
5.19.2016: Rachel Bloomekatz is honored by the Children’s Defense Fund for her legal work on juvenile justice
5.12.2016: On behalf of a group of small businesses, firm files Supreme Court petition seeking review of Second Circuit decision in case challenging New York’s credit-card surcharge law
5.9.2016: Deepak Gupta publishes American Constitution Society blog post on Consumer Financial Protection Bureau’s proposed arbitration rule
5.5.2016: Deepak Gupta testifies at Consumer Financial Protection Bureau’s field hearing in New Mexico announcing proposed rule limiting forced arbitration in consumer contracts. Coverage at National Law Journal; The Hill; Courthouse News Service
5.5.2016: Matt Wessler speaks on the U.S. Supreme Court at Consumer Class Actions conference in Puerto Rico
5.2.2016: Nonprofits seek class certification in lawsuit challenging fees for federal court records through PACER system
4.27.2016: Matt Wessler quoted by Washington Post and NPR on health-insurer liens in injury cases:
Although the Supreme Court’s decision doesn’t alter the general landscape of these cases, it may encourage plans to negotiate with an injured worker sooner to agree on how to divvy up a settlement or jury award in a way that’s fair to both sides, said Matt Wessler, a principal at Gupta Wessler in Washington, who has represented workers in such cases.
It can be hard for workers and their lawyers to learn whether a health plan intends to assert a lien and, if so, for how much, Wessler said.
4.25.2016: Deepak Gupta quoted by The American Lawyer on the firm’s successful representation of a class of federal judges
4.21.2016: Firm represents National Veterans Legal Services Program, National Consumer Law Center, and Alliance for Justice in lawsuit attacking PACER fees for access to federal court records. Coverage at National Law Journal, ABA Journal, Wall Street Journal; Techdirt; Ars Technica; Courthouse News; Bloomberg BNA; AFJ press release.
4.20.2016: Firm files brief on implications of forced arbitration in the context of privatized criminal justice
4.18.2016: On behalf of Everytown for Gun Safety, firm files brief to the en banc Fourth Circuit defending the constitutionality of Maryland’s assault-weapons law.
4.15.2016: Firm files Ninth Circuit petition for appeal concerning the application of the Supreme Court’s recent decision in Tyson Foods to California wage-and-hour class action
4.12.2016: Deepak Gupta speaks at the American Law Institute’s conference on “The Future of Aggregate Litigation” at NYU School of Law
4.11.2016: Deepak Gupta speaks on forced arbitration at Columbia Law School
4.12.2016: Firm opposes oil industry’s attempt to intervene in environmental-justice challenge to oil drilling in Los Angeles
4.1.2016: Firm files brief focusing on the benefits of the EPA’s Clean Power Plan for utility ratepayers and consumers
3.31.2016: Deepak Gupta debates litigator Alan Gura and historian Joyce Lee Malcolm on the meaning of the Second Amendment at Georgetown Law
3.31.2016: Firm announces Rachel Bloomekatz and Jon Taylor as principals of the firm. Taylor joined the firm in 2012 as its first associate. Bloomekatz, a former law clerk to Justice Stephen Breyer, joins the firm this month from Jones Day’s Supreme Court and appellate practice.
3.22.2016: The American Lawyer’s Litigation Daily highlights the firm’s role in seeking backpay for a class of current and former federal bankruptcy judges:
It’s hard to imagine a higher compliment than being hired to represent federal judges. Among the firms that got the nod: Gupta Wessler. ….
Bankruptcy judges, who are entitled by statute to a salary that’s equal to 92 percent of a district court judge’s salary … tapped Deepak Gupta, who was a top official at the Consumer Financial Protection Bureau before founding his own firm.
“It was a distinct honor and humbling responsibility for our firm to represent all of the nation’s federal bankruptcy judges in this litigation,” Gupta said in an email. “These judges are public servants–in many cases, they chose to forgo lucrative private-sector careers to go on the bench–and they deserved to be paid the salary and benefits to which they were entitled by law. … It’s one of only times in U.S. history in which there’s been a certified class action brought on behalf of federal judges.”
3.18.2016: In support of petition to Supreme Court in cross-border shooting case, firm files supplemental brief in response to Solicitor General’s opposition
3.11.2016: Ohio court rules in favor of 17-year-old plaintiffs in voting-rights lawsuit filed by Rachel Bloomekatz. Coverage of the decision, which cited the “strong presentation from top flight counsel on both sides,” at the AP, Reuters, Bloomberg Politics, Columbus Dispatch, Washington Post.
3.11.2016: Matt Wessler speaks on “VW: Litigating a Corporate Crisis,” a panel debate on the class actions and mass dispute resolution with Ken Feinberg and Ted Frank, at the U.S. House of Representatives, sponsored by George Mason’s Law & Economics Center
3.9.2016: Inside Sources quotes Deepak Gupta on the changing landscape for consumers and trial lawyers in the post-Scalia Court:
“He was a vote I counted on when I was at the Supreme Court,” said Alan Kaplinsky, head of the consumer financial services practice at Ballard Spahr, a Philadelphia-based law firm. “The industry as a whole depended on him.”
Deepak Gupta, a partner at Gupta Wessler, is a consumer-rights attorney who has faced off against Kaplinsky in and out of the courtroom. “Without Scalia on the court, the justices are not going to kill enforcement of federal consumer protection statutes,” Gupta said.
A Supreme Court decision in the case of Spokeo vs. Robins could have, at a single stroke, swept away federal lawsuits build around the concept of statutory damages.
“They have a carefully coordinated strategy across all these cases,” Gupta said. “It’s tort reform through litigation, and this case is Exhibit A for this strategy.”Scalia could have helped steer the court toward a decision barring these types of lawsuits, but his death throws up a question mark as to whether the case will even reach a decision.
3.8.2016: Rachel Bloomekatz files voting-rights lawsuit challenging Ohio’s policy preventing registered 17-year-olds who will turn 18 by Election Day in November from voting in the state’s upcoming presidential primary. Coverage at AP, Reuters, 10TV Columbus, Columbus Dispatch, Toledo Blade, Dayton Daily News, Fox 28 Columbus.
3.4.2016: Firm wins Alaska Supreme Court case, argued by Jon Taylor, on coverage of foreclosure mills under state and federal consumer laws regulating collection practices
3.2.2016: Firm files U.S. Supreme Court brief for national consumer groups on the reach of the Fair Debt Collection Practices Act
2.28.2016: San Francisco Chronicle quotes Deepak Gupta on effect of Justice Scalia’s death on Supreme Court’s arbitration jurisprudence:
Forced arbitration transfers wealth upwards,” consumer advocates asserted in an essay published in February by the liberal American Constitution Society. One of the authors, attorney Deepak Gupta, represented opponents of mandatory arbitration in the last two Supreme Court cases decided by a Scalia-led majority.
“Advocates like me who want to see arbitration rolled back will have to be careful” in choosing their cases and arguments, Gupta said. If Scalia’s successor is appointed by a Democrat, he said, “at the very least you’ll get a court that holds the line.”
2.26.2016: Wall Street Journal quotes Deepak Gupta on Dow Chemical’s decision to settle a lawsuit for $835 million in light of Justice Scalia’s death:
Deepak Gupta, a plaintiffs’ attorney who specializes in Supreme Court and appellate litigation, said he didn’t expect Dow to be the only company with pending class-action litigation to reverse course, predicting a ripple effect on cases that span consumer complaints to securities lawsuits. “You can think of this as the canary in the coal mine,” Mr. Gupta, said, “the first casualty on the business side.” Justice Scalia was a crucial fifth vote on the court, and he wrote the controlling opinions in previous cases that tightened the standards for certifying a class, allowing such cases to proceed.
2.25.2016: Firm files brief urging rehearing of Fourth Circuit decision subjecting Maryland’s assault-weapons law to strict scrutiny under the Second Amendment
2.24.2016: ABA Journal features the firm’s First Amendment challenges to state credit-card surcharge laws
2.24.2016: Firm files brief on behalf of Casetext, a crowd-sourced legal research site, defending its First Amendment right to publish the law
2.18.2016: The American Constitution Society publishes an issue brief on the link between forced arbitration and inequality by Deepak Gupta and 2015 summer associate Lina Khan.
The issue brief’s publication is timed to coincide with a speech to ACS by Consumer Bureau Director Richard Cordray on forced arbitration. Among other things, the speech lauds the firm’s recent Fourth Circuit arbitration victory. Cordray called the decision a sign that “courts are beginning to turn away from the extreme philosophy that says a take-it-or-leave-it provision buried deep inside a form contract can nullify an individual citizen’s ability to vindicate rights conferred on them by federal and state law.”
2.4.2o16: The firm congratulates incoming summer associate Michael Zuckerman on his election as 130th President of the Harvard Law Review
2.2.2o16: Deepak Gupta presents oral argument in Second Amendment case on behalf of Everytown for Gun Safety, defending Washington, DC’s restrictions on public carry of firearms
2.2.2016: Firm wins Fourth Circuit appeal of internet lender’s efforts to force claims into sham tribal arbitration. Judge Wilkinson, writing for the court, declares the arbitration agreement “unenforceable,” and holds that the lender and its debt collector had used arbitration to “engage in lending and collection practices free from the strictures of any federal law.” Coverage by Noah Feldman at Bloomberg View; Bloomberg BNA.
2.1.2016: Firm files brief on behalf of Everytown for Gun Safety in the Supreme Court of Florida, defending that state’s public-carry regime against a Second Amendment attack.
1.28.2016: Firm files brief in Ninth Circuit appeal over the public-interest exception to California’s anti-SLAPP statute
1.15.2016: In brief for Everytown for Gun Safety, firm mounts historical defense of Washington, D.C.’s restrictions on public carrying of firearms
1.12.2016: Firm files brief opposing attempt to impose forced arbitration through threats of criminal prosecution
1.11.2016: With Supreme Court denial, firm successfully defeats petition from a debt collector seeking litigation immunity.
1.8.16: Following firm’s filings on behalf of intervenors in six states, South Dakota federal court denies preliminary approval of a proposed nationwide settlement with internet payday lender CashCall. Judge Lange called attention to the firm’s work in his opinion:
Indeed, on very short notice, counsel for the Intervenors has presented more detail on litigation against the Defendants and the Defendants’ business in what amounts to zealous and highly effective advocacy on behalf of the Intervenors.
1.7.2016: Representing an objector to a Fair Debt Collection Practices Act settlement, Jon Taylor argues a novel jurisdictional issue in class actions—the ability of absent class members to consent to a magistrate judge—before the Ninth Circuit.
1.5.2016: Firm files lawsuit on behalf of Detroit artist Katherine Craig, seeking protection under the Visual Artists’ Rights Act for The Illuminated Mural; press release; coverage at CityLab, Detroit Free Press, Detroit News, Detroit Metro Times, Crain’s Detroit, Fox 2 Detroit, ABC 7 Detroit, CBS Detroit, Michigan Radio, AP, Deadline Detroit, Curbed Detroit.
12.19.2015: At hearing in South Dakota, Matt Wessler represents intervenors from six states in challenge to nationwide settlement with internet payday lender CashCall.
12.16.2015: Deepak Gupta testifies opposite Newt Gingrich in defense of the Consumer Financial Protection Bureau’s data collection at a hearing of the Financial Services Committee, U.S. House of Representatives.
12.16.2015: Firm files supplemental letter brief in Fifth Circuit challenge to Texas’s credit-card surcharge law, arguing against interpreting the statute as an “anti-discount” law.
12.14.2015: Firm files Ninth Circuit brief in a First Amendment challenge to California’s credit-card surcharge law.
12.9.2015: Matt Wessler challenges internet lender’s “tribal arbitration” scheme at oral argument before the Fourth Circuit.
12.9.2015: Following Solicitor General’s invitation brief, firm files supplemental brief supporting a Supreme Court petition challenging enforcement of restrictive venue-selection clauses in ERISA plans.
12.7.2015: Firm coordinates national effort among consumer advocates and regulators to stave off preliminary approval of a proposed nationwide settlement with a major internet payday lender.
12.3.2015: Firm files reply brief in Sixth Circuit case challenging used car dealers’ “yo-yo” scams.
12.1.2015: Firm files California Court of Appeal brief defending a significant class-action settlement of wage-and-hour violations by a large supply-chain management company.
12.1.2015: Deepak Gupta argues major commercial-speech case before the Fifth Circuit, challenging Texas’s credit-card surcharge law.
11.30.2015: The U.S. Supreme Court orders the federal government to provide its views on the firm’s petition on behalf of “the Mexican parents of a fifteen-year-old boy who was killed by a U.S. border agent shooting across the boundary between the two countries. The parents are arguing that the U.S. Constitution should be extended beyond the border to provide a remedy for their son’s death.” Coverage at the National Law Journal here.
11.20.2015: D.C. Circuit hears oral argument on constitutionality of Washington, DC’s restrictions on public carry of firearms, in which the firm filed a brief for Everytown for Gun Safety tracing seven centuries of gun laws; report in The Wall Street Journal:
Both sides of the national gun debate are poring over history books to try to bolster their case on whether residents of the nation’s capital can more freely carry guns on the street.
On Friday, in a possible preview of a U.S. Supreme Court showdown, a federal appeals court in Washington will hear a challenge to a law that restricts who can legally carry a handgun outside the home.
A key question in the case is whether such regulations have “long-standing” precedent. That has led lawyers to comb through historical documents for examples of how guns were used during the colonial era and earlier, in England during the Middle Ages.
11.27.2015: The New York Times editorial board endorses the firm’s challenge to neighborhood oil drilling in Los Angeles:
Many Los Angeles residents are familiar with a sight that may seem strange to outsiders: an oil pump operating mere feet from businesses or homes. A recent lawsuit claims that the city has systematically failed to address drilling’s environmental consequences, especially in lower-income neighborhoods that are majority black and Latino. ***
Environmental justice advocates have been saying for years that poor people and racial minorities are disproportionately exposed to environmental hazards around the country. Los Angeles appears to be a dramatic example of this problem.
City officials declined to comment to The Times on the lawsuit, but their duty seems clear: to review the potential environmental impact of all new drilling projects, as the 1970 law requires, and then to figure out what steps need to be taken to protect people from hazards associated with oil wells. In addition, the city should arrange for appropriate medical care for those who become sick.
11.19.2015: Deepak Gupta argues appeal on behalf of former football players objecting to settlement in NFL concussion litigation; Associated Press, Law 360; Legal Intelligencer.
11.16.2015: Firm files U.S. Supreme Court brief arguing that debt collectors should not receive litigation immunity under Noerr-Pennington doctrine
11.15.2015: Deepak Gupta speaks on Supreme Court cases at National Consumer Law Center’s class-action symposium in San Antonio, Texas.
11.13.2015: On behalf of Montana Governor Steve Bullock, firm files Supreme Court amicus brief in Friedrichs v. California Teachers Association, a major challenge to public-sector unions.
11.9.2015: Deepak Gupta previews Supreme Court arguments in workers’ rights class action case (Tyson Foods v. Bouaphakeo) for the Alliance for Justice.
11.6.2015: On behalf of Los Angeles community youth groups, firm files complaint alleging that the city illegally rubber stamps oil companies’ drilling permits and allows drilling in residential neighborhoods on a racially disparate basis; press release; report at Los Angeles Times; Reuters; KPCC; Grist.
11.5.2015: Firm files motion alerting Second Circuit to extraordinary new developments in parallel international proceedings in the Chevron-Ecuador litigation; reports at the Wall Street Journal, Vice, and Courthouse News Service.
11.4.2015: Firm wins major victory in the Eleventh Circuit in a First Amendment challenge to Florida’s credit-card surcharge law; press release; reports at American Banker; Daily Report; Tampa Business Journal; Reuters, Orlando Sentinel, ABA Journal, Courthouse News Service, and Inside Sources.
10.31.2015: Deepak Gupta quoted in front-page New York Times article on the spread of forced arbitration
10.23.2015: Deepak Gupta speaks at ABA’s National Institute on Class Actions in New Orleans
10.17.2015: Firm files reply in case challenging internet payday lender’s sham “tribal arbitration” scheme
10.17.2015: Deepak Gupta speaks at conference on law & inequality at Yale Law School, sponsored by the American Constitution Society
10.16.2015: Firm files reply in support of Supreme Court review of cross-border shooting case
10.7.2015: Firm files reply brief in NFL concussion litigation, arguing that the interests of future-injury claimants — those who have not yet developed the debilitating neurodegenerative condition associated with football-related head injuries — are not adequately represented in the proposed global class-action settlement.
10.1.2015: Firm files brief for U.S. Senator Richard Blumenthal on extraterritorial reach of Trafficking Victims Protection Act in case of executed Nepali workers lured to Iraq by KBR/Halliburton
9.29.2015: In Tyson Foods v. Bouaphakeo — billed as a major case on the future of class actions — the firm argues that the Supreme Court should dismiss the writ as improvidently granted
9.29.2015: Firm represents the National Press Photographers Association (part of a coalition of conservation, press, academic and animal-protection groups) in a constitutional challenge to Wyoming’s controversial data censorship laws. The laws punish communication to government agencies of photos and data taken on open land, criminalizing otherwise lawful advocacy.
9.28.2015: Firm files Ninth Circuit brief in Second Amendment challenge to California’s “microstamping” law, emphasizing the need for gun regulation to keep pace with technology
9.25.2015: Deepak Gupta previews class-action cases in the Supreme Court’s upcoming term for Bloomberg BNA
9.21.2015: Netroots groups support FCC’s net neutrality rule as intervenors in D.C. Circuit appeal
9.18.2015: Firm files Sixth Circuit brief on remedies for used car dealers’ “yo-yo” scams
9.17.2015: Deepak Gupta testifies before the Committee on Financial Services, U.S. House of Representatives on the five-year anniversary of the Dodd-Frank Act
9.9.2015: Firm files brief opposing Supreme Court review in whistleblower’s suit over defense contractor fraud in Iraq
9.9.2015: Firm seeks certification of class action against Internal Revenue Service over $200 million in fees unlawfully charged to tax-return preparers
9.3.2015: Firm files D.C. Circuit brief for Everytown, surveying the seven-century Anglo-American history of firearms regulation. The brief is filed support of the District of Columbia’s restrictions on the public carrying of firearms.
8.26.2015: Amicus briefs filed by the government of Mexico, law professors, border groups, and human rights groups in support of the firm’s Supreme Court petition in cross-border shooting case
8.24.2015: On behalf of over 30 former pro football players, firm files brief attacking proposed global settlement of claims that the NFL deliberately hid the risks of concussions
8.11.2015: Firm files reply on appeal in First Amendment challenge to Texas credit-card law
8.3.2015: Federal district court ruling striking down Idaho’s “Ag-Gag” law adopts arguments in the firm’s brief for constitutional scholar Erwin Chemerinsky
7.28.2015: Matt Wessler speaks at the American Conference Institute’s 23rd National Conference on Consumer Finance Class Actions & Litigation
7.27.2015: Firm files letter brief to the Tenth Circuit, arguing against Chevron deference for agency interpretations of express-preemption clauses
7.23.2015: Gupta testifies before the Senate Judiciary Committee at a hearing on “The Administrative State v. The Constitution: Dodd-Frank at Five Years”
7.23.2015: Firm seeks U.S. Supreme Court review in the case of a Border Patrol agent’s cross-border shooting of an unarmed Mexican teenager. The case raises profound questions about the extraterritorial application of the Constitution and the availability of qualified immunity based on later-discovered facts.
7.22.2015: Bloomberg’s Law Week profiles the firm as an Appellate Boutique Going to Bat for the ‘Little Guy’:
With so many attorneys in D.C., it’s hard to believe that any gap in legal services could exist in the Capital city. But the proverbial ‘‘little guy’’ in the middle of a high-stakes appeal often finds he has nowhere to turn, Deepak Gupta of Gupta Wessler PLLC, Washington, DC said. And that’s a gap Gupta and his new partner Matt Wessler told Bloomberg BNA they hope to fill.
7.13.2015: Firm wins a Third Circuit appeal on burdens of proof under Fair Debt Collection Practices Act
7.1.2015: Matt Wessler, an accomplished Supreme Court and appellate advocate, joins the firm from Public Justice; report in Law360
6.25.2015: Justice Kennedy’s surprise majority opinion upholding the Fair Housing Act’s disparate-impact regime adopts historical analysis from our brief on behalf of members of Congress
6.29.2015: Joining with Public Justice and the Virginia Poverty Law Center, the firm challenges an internet payday lender’s sham “tribal arbitration” scheme
6.22.2015: Firm files a major commercial-speech appeal in Fifth Circuit, supported by national consumer groups, big retailers, and public interest groups
6.16.2015: En banc Ninth Circuit hears oral argument in key Second Amendment appeal over California’s regulation of the public carrying of firearms
6.8.2015: Gupta argues major commercial speech appeal, concerning constitutionality of Florida statute, before the Eleventh Circuit in Atlanta; article in Daily Report
6.8.2015: Firm defeats a U.S. Supreme Court petition on the enforceability of a debt consolidator’s consumer arbitration clause
6.2.2015: Gupta speaks on seeking and opposing discretionary review at PLI’s Appellate Advocacy Seminar in New York
5.22.2015: Firm files letter brief in Chevron-Ecuador appeal on implications of international treaty arbitration
5.22.2015: Firm files brief on behalf of scholars of insurance regulation in support of Financial Stability Oversight Council’s determination, under the Dodd-Frank Act, that MetLife poses a threat to U.S. financial stability
5.13.2015: Firm opposes Equifax’s petition, filed by former SG Paul Clement, on ascertainability doctrine
5.4.2015: In victory for workers’ rights, firm defeats trucking industry’s attempt to get U.S. Supreme Court to overturn century-old workplace protections for meal and rest breaks on preemption grounds
5.1.2015: Firm files brief to the en banc Ninth Circuit, on behalf of Everytown for Gun Safety, surveying the seven-century Anglo-American history of regulations restricting the public carrying of firearms
4.20.2015: Deepak Gupta argues opposite Ted Olson in the Second Circuit in Chevron v. Donziger, opposing Chevron’s efforts to collaterally attack an $8.6 billion oil pollution judgment won by indigenous residents of the Amazon rainforest in Ecuador
4.8.2015: Deepak speaks on plaintiff-side appellate litigation at Yale Law School and participates in a roundtable on consumer arbitration sponsored by the Center for the Study of Private Law
4.7.2015: Deepak Gupta debates Andy Pincus on Article III standing at the Consumer Financial Services Institute in New York
4.1.2015: Firm files brief on behalf of Everytown for Gun Safety — the nation’s largest gun violence prevention group — in Second Amendment challenge to California’s waiting period on firearm purchases
3.26.2015: Firm wins major victory in First Amendment challenge to California’s credit-card surcharge law
3.20.2015: Alison Frankel’s “On the Case” column in Reuters profiles the firm’s Supreme Court litigation over Article III standing in class actions:
When it comes to consumer class actions, two of the most thoughtful lawyers I know are Andrew Pincus of Mayer Brown and Deepak Gupta of Gupta Beck. They’re on opposite sides of these cases. … Gupta is a public interest lawyer who managed last year to fend off Pincus’ petition for Supreme Court review of an 8th U.S. Circuit Court of Appeals decision that an ATM user had constitutional standing to sue even though his only injury was a statutory violation.
These two are duking it out again in a Supreme Court case that business groups are rooting hard for the court to take. Spokeo v. Robins raises the same broad question as last year’s ATM cert petition: Can Congress confer Article III standing on a plaintiff who hasn’t otherwise suffered concrete harm? ….
Gupta’s client, Robins, has just one friend to back his opposition to Spokeo’s cert petition – but it’s a good friend to have. Last week, the U.S. solicitor general’s office filed its response to the Supreme Court’s request for its view of the case. The SG’s office advised the Supreme Court not to grant cert because Spokeo has misframed the case to pose a broad, abstract question that need not be answered. The government brief agreed with Spokeo that Congress does not have unlimited power to legislate Article III standing, but said lawmakers do have the authority to grant statutory rights that elevate “de facto injuries that were previously inadequate in law” into “legally cognizable injuries.” According to the government, when Congress enacted the law at issue in the Spokeo case, the Fair Credit Reporting Act, it was just codifying the longstanding legal principle that individuals suffer tangible harm through the dissemination of inaccurate information about the
Gupta told me the SG analysis is exactly right – and that the same reasoning the government applied to the FCRA justifies other federal consumer protection laws that are grounded in common law rights. According to him, Pincus, Spokeo and their amici draw a “philosophically incoherent” distinction between injuries-in-fact and injuries-in-the-law in order to ask an abstract question about standing that this case doesn’t actually pose. “It all turns on how you frame the question,” Gupta said. “We frame it in a way they don’t have good answers to.”
3.20.2015: Gupta quoted in Businessweek article on CFPB’s arbitration study
3.17.2015: Gupta quoted in front page New York Times article on how mandatory arbitration harms military service members
3.13.2015: Gupta speaks on appellate advocacy techniques to National Consumer Law Center’s fair debt collection conference in Washington, DC
3.13.2015: Gupta featured in Reuters story on the revealing “natural experiment” in the Consumer Bureau’s arbitration study
3.10.2015: Gupta quoted in Bloomberg story on Consumer Bureau’s arbitration study:
Deepak Gupta, a former CFPB official who argued a U.S. Supreme Court case on arbitration, said prohibiting or restricting the practice would be “the single most transformative thing the bureau can do” for consumers.
Enforcement of consumer-protection laws by state attorneys general and the federal government often flows from class-action lawsuits that uncover incriminating evidence, Gupta said. As a result, ending arbitration would lead to more aggressive policing by public and private parties, he said.
3.5.2015: Gupta argues major First Amendment commercial speech case before Second Circuit
3.3.2015: Peter Conti-Brown testifies before Senate Banking Committee on Federal Reserve Board reform proposals – video
3.3.2015: Deepak Gupta speaks on a panel on “The Future of Class Actions” with U.S. District Judge Denise Cote (S.D.N.Y.), Professor Sam Issacharoff (NYU Law), and John Beisner (Skadden Arps), sponsored by the New York City Bar, Federal Courts Committee
3.2.2015: Peter Conti-Brown spoke on “The Fed in the 21st century: independence, governance, and accountability,” at the Brookings Institution, arguing that the role of the presidents of the regional Federal Reserve Banks in making monetary policy is both unconstitutional and unjustified. Charles Plosser, president of the Philadelphia Fed, responded. Other speakers include former Fed Chairman Ben Bernanke and former House Financial Services Chairman Barney Frank.
2.24.2015: Firm files U.S. Supreme Court amicus brief for professors of bankruptcy law on treatment of banks’ claims on underwater second mortgages
2.18.2015: Firm files Fourth Circuit reply brief on mortgage lender’s “use” of credit scores under Fair Credit Reporting Act
2.6.2015: Gupta presents oral argument to the Eleventh Circuit on meaning of prior express consent under the Telephone Consumer Protection Act.
2.2.2015: Gupta presents oral argument to Ninth Circuit in defense of constitutionality of California’s regulation of background-screening companies (Moran v. The Screening Pros). The case also presents the question of how long, under the federal Fair Credit Reporting Act, negative criminal information may be reported — an issue on which the Consumer Financial Protection Bureau and the Federal Trade Commission filed an amicus brief.
1.23.2015: Firm weighs in, with constitutional scholar Erwin Chemerinsky, on a free speech and equal protection challenge to Idaho’s “Ag Gag” law. Passed in reaction to videos of animal abuse, the law aims to suppress undercover investigations of inhumane conditions.
1.21.2015: U.S. Supreme Court hears arguments on the future of disparate-impact claims in Texas Department of Housing v. Inclusive Communities, in which the firm represents members of Congress. Report in Mother Jones:
There’s no disagreement among the lower courts, it’s always been the law since the late ’60s that you could have disparate impact,” says Deepak Gupta, a Washington lawyer who filed an amicus brief on behalf of current and former members of Congress urging the court to uphold the broad interpretation of the housing law. The court’s taking up the issue repeatedly, Gupta says, signals that “at least some of the justices are very interested in changing the law in this area.
But if Texas prevails, Gupta fears the damage could go beyond the Fair Housing Act itself. In its ruling, the court might throw into question the constitutionality of disparate-impact claims more broadly, from bank lending practices to employment discrimination. Potentially “all of this is on the chopping block at the Supreme Court,” he says.
1.20.2015: Firm defeats Experian’s plea for interlocutory appeal in a major Fair Credit Reporting Act class-action set for trial on damages. The petition raised questions about Article III standing in statutory-damages cases and application of the Supreme Court’s decision in Safeco v. Burr.
1.9.2015: Firm wins victory in trademark infringement case: Federal court in South Dakota rejects First Premier Bank’s bid for a gag order against the firm’s client, credit-card-comparison site Cardhub.com; subprime credit-card issuer surrenders. Reports in Buzzfeed and the Wall Street Journal:
The judge’s written decision can be cited in future cases, says Deepak Gupta, an attorney representing Evolution Finance. “More broadly, the failure of the case sets a precedent in the court of public opinion that should dissuade companies in First Premier’s position from attempting this same failed strategy,” he says.
12.23.2014: Firm files Supreme Court brief on behalf of Members of Congress in major housing discrimination case (Texas Dep’t of Housing v. Inclusive Communities)
12.19.2014: Firm files reply in Second Circuit appeal over Fair Labor Standards Act coverage of Major League Baseball “volunteers”
12.18.2014: Deepak Gupta argues First Amendment challenge to California’s no-surcharge law
12.17.2014: National consumer groups and major retailers file amicus briefs supporting the firm’s constitutional challenge to Florida’s no-surcharge law; Gupta quoted in report at Law360:
“It’s not often you see a case when a bunch of major business interests and a bunch of consumer interests are on the same side,” Deepak Gupta, counsel for the Florida retailers, told Law360 on Friday. Gupta has represented the plaintiffs in similar no-surcharge suits in New York, California, and Texas. “What that illustrates is that the only interests being served by these surcharge laws are the interests of the credit card industry.”
12.15.2014: Deepak Gupta interviewed for Angeion’s “Leading Litigator” video series
12.10.2014: Firm files Fourth Circuit opening brief in appeal over meaning of “use” of a credit score under the Fair Credit Reporting Act
12.10.2014: Firm files Eleventh Circuit opening brief in constitutional challenge to Florida credit-card surcharge law
12.9.2014: Deepak Gupta argues Third Circuit appeal on burdens of proof in consumer collection cases
12.9.2014: Firm wins First Amendment challenge to Florida Bar’s lawyer-advertising restrictions
12.1.2014: The firm files a class-action lawsuit in California challenging practice of for-profit debt collectors renting out prosecutors’ letterhead — the subject of a recent American Bar Association ethics opinion; David Lazarus reports on the case in the Los Angeles Times
11.25.2014: Firm files Second Circuit reply in Chevron-Ecuador appeal, defending $8 billion pollution judgment
11.6.2014: The firm’s lawyers speak on various topics at the National Consumer Rights Litigation Conference in Tampa, Florida, including:
A plenary session with Deepak Gupta and Brian Wolfman on appellate strategies and developments
A panel with Deepak Gupta, Elizabeth Cabraser, and Scott Nelson on the emerging “ascertainability” doctrine
A screening of Lost in the Fine Print, with Michelle Schwartz, Deepak Gupta, and Paul Bland
A panel with Dick Rubin on fair-debt-collection appellate and Consumer Financial Protection Bureau developments
Panels with Brian Wolfman on ethics in class actions and the role of objectors
10.31.2014: Firm negotiates stipulated judgment of $56 million in back pay on behalf of a class of federal bankruptcy judges and their survivors
10.30.2014: Deepak Gupta argues First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit in South Dakota
10.9.2014: Deepak Gupta appears in Lost in the Fine Print, a new short film on the effects of forced arbitration released by the Alliance for Justice
10.8.2014: Deepak Gupta argues constitutional challenge to Texas credit-card surcharge law
9.20.2014: Firm files reply brief in support of its First Amendment defense of CardHub, a consumer-review website, against trademark infringement claims by First Premier Bank
9.19.2014: Firm associate Jon Taylor argues Eleventh Circuit appeal on “prior express consent” under Telephone Consumer Protection Act
9.12.2014: Deepak Gupta argues Ninth Circuit appeal in overtime class action on behalf of Deloitte & Touche audit employees in California; report at Law360
9.10.2014: Firm defends jury verdict in Third Circuit appeal over burden-shifting under the Fair Debt Collection Practices Act
9.2.2014: Firm successfully defeats Experian’s Fourth Circuit petition for interlocutory review of class certification order, raising Article III standing issues
9.1.2014: Brian Wolfman, of counsel to the firm, is named Edwin a Heafey, Jr. Visiting Professor at Stanford Law School and a faculty member in Stanford’s Supreme Court Litigation Clinic
8.28.2014: Rolling Stone magazine offers an in-depth feature story on Chevron’s retaliation against its critics — including the firm’s client, Steven Donziger — in an attempt to evade an $8.6 billion judgment for pollution of the Amazon rainforest in Ecuador:
[Chevron pursued] a new strategy moving forward. By using its enormous resources to pressure Donziger’s allies and funders — as well as the allies and funders of his allies and funders — the company might destroy its challenger indirectly, by cutting off its oxygen supply. Chevron has since gone after Donziger’s allies by suing and naming them (or threatening to sue and name them) as “non-party co-conspirators” to a criminal enterprise.
“It’s an intimidation model,” says Deepak Gupta, Donziger’s lead appellate lawyer. “It’s a way for corporations to go after their critics and those who fund them.”
8.21.2014: CBS News reports on the firm’s First Amendment defense of Cardhub.com against First Premier Bank’s trademark suit:
First Premier Bank, notorious for its high-cost credit cards, is suing a credit card comparison site and the site’s owner, because the site refuses to take down data on the rates and fees charged on First Premier credit cards. Saying that publication of this data constitutes trademark infringement, First Premier sued CardHub and its owner Odysseas Papadimitriou for $5 million in April.
In a recent legal response, Papadimitriou and CardHub contend that First Premier’s suit is aimed at silencing critics and making it harder for consumers to comparison shop. Saying the suit is about First Amendment rights, not trademarks, CardHub’s legal response reads, “if suits like First Premier’s are allowed to proceed, any company dissatisfied with a bad review of its products or services — whether in a website, or in a printed newspaper or magazine — would be able to bring an infringement action to halt publication of the unwanted review.”
“This lawsuit is a transparent attempt to keep consumers in the dark, and it raises troubling First Amendment issues,” said Deepak Gupta, the attorney representing CardHub in a prepared statement. “The trademark laws are about ensuring fair competition; they don’t entitle companies to censor critical commentary online.”
8.15.2014: Firm wins Fourth Circuit appeal on abusive debt-collection practices, upholding jury verdict
8.15.2014: Firm seeks summary judgment in First Amendment challenge to California’s credit-card surcharge law
8.14.2014: Deepak Gupta speaks on plaintiff-side appellate advocacy to the annual meeting of the Inner Circle of Advocates
7.7.2014: Firm mounts First Amendment defense of CardHub credit-card-comparison website against trademark infringement suit by First Premier Bank in federal court in South Dakota
7.6.2014: Firm files Second Circuit brief arguing that Major League Baseball is not exempt from the Fair Labor Standards Act
7.6.2014: Firm files U.S. Supreme Court brief opposing Spokeo’s petition on Article III standing in statutory-damages class actions
7.31.2014: 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
7.30.2014: Firm files motion for preliminary injunction in First Amendment challenge to Texas credit-card surcharge law
7.29.2014: Firm files reply brief in Eleventh Circuit appeal on meaning of “prior express consent” under the Telephone Consumer Protection Act
7.27-29.2014: Deepak Gupta gives three presentations at the American Association for Justice’s annual convention in Baltimore: “Appellate Advocacy in Cases Seeking Corporate Accountability: Appealing to Conservative Judges” (to the Business Torts Section), “Recent Developments in the U.S. Supreme Court” (to the Class Action Litigation Group) and “Lessons from the Chevron Ecuador Case” (to the International Practice Section)
7.18.2014: Firm files reply in support of constitutional challenge to Florida’s credit-card surcharge law
7.15.2014: SCOTUSblog interviews Deepak Gupta on the political consequences of Noel Canning
7.9.2014: 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
7.8.2014: Amicus briefs supporting reversal in Chevron-Ecuador case filed: Republic of Ecuador, Professors of International Law, Amazon Watch, Amnesty International, et al., Earthrights International, and Civil-Law Scholars
7.2.2014: Firm files Second Circuit brief defending $8.6 Billion Ecuadorian pollution judgment in Chevron v. Donziger; reports at American Lawyer, and Wall Street Journal. From Businessweek:
The first notable aspect of the Donziger appeal is that the opposing parties’ legal forces have been equalized. At the RICO trial in the fall of 2013, Chevron’s vast team from the firm Gibson, Dunn & Crutcher overwhelmed a patched-together squad of trial attorneys and activist volunteers representing Donziger and his Ecuadorian clients.
For the appeal, Donziger has hired Deepak Gupta, a rising star in the Washington (D.C.) appellate bar, and Gupta has deployed an impressive team drawn from his own boutique firm and academia. Burt Neuborne, a professor at New York University Law School and a prominent human-rights advocate, has filed a complementary brief on behalf of the Ecuadorians. Gibson Dunn will respond for Chevron, but the Los Angeles-based corporate firm’s manpower will be irrelevant in the more theoretical, less labor-intensive arena of appellate combat.
6.16.2014: Firm files Second Circuit brief defending our victory in First Amendment challenge to New York’s credit-card surcharge law
6.12.2014: Deepak Gupta speaks at 10th annual class actions conference in Seattle
6.11.2014: Firm files summary-judgment briefing in First Amendment challenge to Florida’s credit-card surcharge law
5.19.2014: Supreme Court declines to hear dispute over insurers’ use of “retained asset” accounts
5.14.2014: Gupta serve on host committee of Public Citizen’s gala honoring Senator Elizabeth Warren
5.8.2014: Deepak Gupta speaks on discretionary review at 2014 Practicing Law Institute’s 2014 Appellate Advocacy program in New York
5.8.2014: Firm files Eleventh Circuit brief on federal telemarketing law’s “prior express consent” requirement
5.2.2014: Over the dissent of four judges, the Third Circuit denies our rehearing petition, in Carrera v. Bayer, concerning the class-action “ascertainability” requirement
4.30.2014: Conti-Brown interviewed on NPR’s Marketplace about the Fed’s shrinking Board of Governors
4.29.2014: In Ecuador case, court postpones Chevron’s $32 Million fee request pending appeal to the Second Circuit
4.28.2014: Firm files reply in support of U.S. Supreme Court petition on ERISA coverage of retained asset accounts
4.28.2014: Gupta co-chairs PLI’s Annual Consumer Financial Services Institute at University of Chicago Business School
4.23.2014: Gupta speaks on arbitration and class actions at Cardozo Law School, New York
4.22.2014: Firm files brief for former Congressman Patrick Kennedy on the intent of the Mental Health Parity and Addiction Equity Act, of which Kennedy was co-author and lead sponsor
4.18.2014: Firm files reply in Ninth Circuit appeal over constitutionality of California law regulating background-screening companies (Moran v. The Screening Pros)
4.16.2014: Firm joins Matt Wessler of Public Justice in seeking rehearing of a Ninth Circuit decision on diversity jurisdiction over national banks (Rouse v. Wachovia)
4.13.2014: Conti-Brown publishes article in Politico: “The Constitutional Crisis at the Fed.”
4.11.2014: Deepak Gupta argues consumer rights appeal before the Fourth Circuit in Charleston, South Carolina (Russell v. ACS)
4.11.2014: Firm files reply in support of stay pending appeal in Chevron Ecuador case (Chevron v. Donziger)
4.9.2014: Deepak Gupta speaks on mass claims in arbitration to the American Society for International Law & Institute for Transnational Arbitration in Washington, DC
4.7-8.2014: Deepak Gupta co-chairs Annual Consumer Financial Services Institute in New York
4.4.2014: The firm opposes Chevron’s $32 Million attorneys’ fees request in Ecuador case (Chevron v. Donziger)
4.4.2014: Deepak Gupta speaks at Georgetown Law symposium on “Making the Fine Print Fair,” sponsored by the Georgetown Consumer Law Society and Citizen Works; report at Philadelphia Inquirer:
In a key 2011 case, AT&T Mobility v. Concepcion, the high court made it much easier for businesses to get their way without challenge, by ruling that a 1925 law allows them to force disputes to arbitration and bar class actions against themselves, no matter what state laws say.
Deepak Gupta, who argued the Concepcion case, said fine print in mass contracts amounts to private legislation that poses “a basic threat to our democracy.”
“When the fine print stops us from exercising our rights,” Gupta asks, “what good are those rules in the first place?”
3.28.2014: Firm wins Eleventh Circuit appeal: Telephone Consumer Protection Act requires a consumer’s personal consent to receive cell-phone calls and allows consent to be revoked orally (Osorio v. State Farm Bank)
3.24.2014: Firm files U.S. Supreme Court brief for Nobel laureate Joseph Stiglitz in Argentina sovereign bonds case (Argentina v. NML); report at Bloomberg News
3.20.2014: Peter Conti Brown speaks (video online) at the American Enterprise Institute, “The Fed: Philosopher king or servant of the Treasury?”
3.11.2014: Associate Jonathan Taylor argues a consumer rights case before the Supreme Court of Alaska; interview with Taylor in the Alaska Legal Services Corporation’s newsletter:
My colleague Deepak Gupta and I have teamed up with ALSC attorneys to argue an important issue before the Alaska Supreme Court: whether a foreclosure mill must comply with the same basic requirements of state and federal law as all professional debt collectors. Our brief argues that it must. A family on the verge of losing its home is entitled to the same fundamental protections against unfair and abusive debt-collection practices as are all consumers who owe a debt to someone else.
[Our firm is] dedicated to helping offset the severe mismatch of resources between ordinary people, who typically lack the means to stand up for themselves, and powerful corporations with fleets of lobbyists and high-priced lawyers at the ready to defend their every action.
3.11.2014: Alison Frankel of Reuters interviews Deepak Gupta for a column on the U.S. Supreme Court’s selection of class-action cases, “Has the Supreme Court lost its zeal to curb consumer class actions?”
[T]wo big opportunities to curb classwide consumer cases and two big punts by a Supreme Court that has in recent years shown no hesitation to limit the litigation rights of ordinary people. … Are we witnessing the dawn of a new era at the Supreme Court?
I posed that question to Deepak Gupta of Gupta Beck, who wrote the brief in opposition to the Nebraska banks’ cert petition, in the case the justices declined to review on Monday. “Not so fast,” Gupta told me. “I’d say to class action lawyers, ‘Don’t think you’re out of the woods yet.’”
3.10.2014: The firm defeats billionaire’s U.S. Supreme Court plea to review personal liability in wage-and-hour class action (Catsimatidis v. Irizarry)
3.5.2014: The firm files three simultaneous First Amendment challenges to the credit-card surcharge laws of Florida, Texas, and California; press release; report at Bloomberg News:
Credit-card purchases cost retailers more to process than other forms of payment. The laws generally allow merchants to charge lower prices for cash transactions, which they can describe as a “discount,” while forbidding them from calling higher prices for credit-card payments a “surcharge,” said Deepak Gupta, a lawyer for the merchants. He says the laws are too vague and impinge on free speech rights.
“It’s just outlawing one label versus another,” Gupta said. “What this really is at the end of the day is an industry speech code.”
3.4.2014: Deepak Gupta issues statement in response to trial court’s decision in Chevron v. Donziger
3.3.2014: Deepak Gupta argues Ninth Circuit appeal on federal preemption of state labor law; report in Daily Journal
2.28.2014: Deepak Gupta speaks at The Impact Fund’s annual conference in Oakland
2.14.2014: The firm files a brief in the Eleventh Circuit arguing that damages for violating the Bankruptcy Code’s automatic-stay belong to the individual debtor injured, not to the bankruptcy estate (Crouser v. BAC Home Loans)
2.6.2014: The firm files a reply in support of its post-trial motion to dismiss for lack of jurisdiction in Chevron v. Donziger; report in Law360
2.5.2014: The firm files two opposition briefs in the U.S. Supreme Court today:
a brief arguing that the U.S. Supreme Court should reject a plea by billionaire John Catsimatidis to review a decision holding him personally liable as an employer for violations of the Fair Labor Standards Act
a brief arguing that the U.S. Supreme Court shouldn’t take up the question of Article III standing in statutory damages cases (the issue left open in First American Financial v. Edwards)
2.3.2014: 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” tied to “retained asset accounts” instead of lump-sum payments (Edmonson v. Lincoln National Life Insurance Company)
1.29.2014: The firm obtains an appellate victory in Fourth Circuit: Debt collectors must give consumers the right to make oral disputes (Clark v. ACS)
1.28.2014: Law360 reports on the firm’s class-certification victory in Houser v. United States — a class action on behalf of current and former federal bankruptcy judges seeking salary and benefits unlawfully withheld by the government
1.23 to 1.27.2014: At a press conference at the Sierra Club, Gupta announces the firm’s 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:
Firm files post-trial reply brief and motion to dismiss, arguing that the Court lacks Article III standing
Lawyer Fighting Chevron Hires a Heavy for Appeal, Wall Street Journal
Lago Agrio: Deepak Gupta in the House, Letters Blogatory
Donziger Taps Gupta Beck as Chevron Appeal Looms, AmLaw Litigation Daily
Appellate Counsel for Chevron’s Foes Tapped Ahead of Verdict, Courthouse News
1.22.2014: Amicus briefs in Cabral v. Supple filed by AARP, Center for Science in the Public Interest and Consumer Attorneys of California
1.15.2014: Firm files Ninth Circuit brief arguing that Supple, the seller of a fruit juice that promises to treat arthritis, should not be able to transform the placebo effect into a defense against a fraud class action.
12.31.2013: Bloomberg reports on the firm’s First Amendment challenge to Florida’s restrictions on lawyer websites and blogs (Searcy Denny v. Florida Bar).
12.13.2013: Peter Conti-Brown speaks on Federal Reserve Board independence at George Washington University symposium
12.11.2013: Firm files First Amendment challenge to Florida’s restrictions on lawyer websites & social media (Searcy Denny v. Florida Bar); reports in ABA Journal, Law360, Courthouse News Service
12.10.2013: Firm files Eleventh Circuit brief on Telephone Consumer Protection Act’s “express consent” requirement (Mais v. Gulf Coast)
12.9.2013: Firm files petition to the U.S. Supreme Court on timing of Truth in Lending Act suits (Keiran v. Home Capital)
11.21.2013: Deepak Gupta gives a lecture on plaintiff-side appellate advocacy at Yale Law School
11.19.2013: Firm wins appellate victory in Second Circuit attorneys’ fees appeal (Cabala v. Crowley)
11.15.2013: Deepak Gupta debates U.S. Senator David Vitter on consumer protection policy in New Orleans
11.13.2013: Deepak Gupta speaks on a panel on Supreme Court cases at the National Law Journal’s Regulatory Summit in Washington, DC, moderated by Supreme Court correspondent Tony Mauro
11.13.2013: Peter Conti-Brown delivers a lecture on the “Structure of Federal Reserve Board Independence” to the Treasury Historical Association, U.S. Treasury Building, Washington
11.7-10.2013: Dick Rubin, Brian Wolfman, and Deepak Gupta speak on various topics at the National Consumer Rights Litigation Conference in Washington, DC
11.1.2013: David Arkush publishes essay on recess appointments in the Harvard Law Review forum
10.30.2013: Firm files brief in the U.S. Supreme Court opposing an online payday lender’s request to review a Montana Supreme Court decision refusing forced arbitration
10.30.2013: Deepak Gupta argues an appeal in the Fourth Circuit concerning consumers’ right to make oral disputes with debt collectors–an issue on which the circuits are split
10.28.2013: Firm files brief on behalf of Members of Congress in the U.S. Supreme Court in Mount Holly v. Mount Holly Gardens Citizens in Action, a major civil rights case on the future of disparate-impact theory.
10.4.2013: The firms’s Ninth Circuit appeal in Moran v. The Screening Pros — on the constitutionality of California’s law regulating background-check companies and the interpretation of its federal analog — receives amicus support from the CFPB and the FTC as well as a large coalition of public-interest groups
10.4.2013: The firm’s rehearing petition seeking review of a controversial Third Circuit class-class-action decision (Carrera v. Bayer) receives amicus support from leading scholars of civil procedure and complex litigation; Public Justice (discussing due process issues); Public Citizen (discussing the impact on absent class members); and Angeion Group, a claims administration company (discussing the claims process). Report at Reuters
10.4.2013: Deepak Gupta speaks on a a featured panel, “Supreme Court Roundup: What The Court’s Latest Opinions Mean for the World of Class Actions,” with Andy Pincus of Mayer Brown LLP, moderated by Professor Suzette Malveaux, at the 9th Annual Class Actions Conference, Washington, DC
10.3.2013: The firm wins a groundbreaking victory in its constitutional challenge to New York’s credit card surcharge law; reports at Reuters, Law360, Bloomberg, Wall Street Journal
“This is a big victory, not just for consumers and merchants in New York but across the country,” Deepak Gupta, a partner at Gupta Beck in Washington, D.C. representing the plaintiffs, said in an interview. “The card industry wants to perpetuate the myth that using a credit card is free, or priceless. But the cost is baked into the price of all the goods and services we buy.”
10.1.2013: Deepak Gupta speaks to the American Bar Association 4th Annual Institute on Consumer Financial Services Basics at the University of Maryland Law School
9.30.2013: The firm wins summary judgment in a class action on behalf of former and current federal bankruptcy judges in judicial-pay litigation against the United States; summary judgment order and opinion; summary-judgment brief and complaint
9.27.2013: The firm files a petition for rehearing of the Third Circuit’s controversial consumer class-action decision in Carrera v. Bayer; Alison Frankel reports on the petition in a column for Reuters
9.27.2013: The files defends the constitutionality of California’s analog to the Fair Credit Reporting Act in the Ninth Circuit
9.27.2013: Deepak Gupta delivers a lecture in Chicago, Will Class Actions Survive the Roberts Court? Concepcion, Italian Colors, and Beyond, sponsored by the Institute for Consumer Antitrust Studies
8.14.2013: Deepak Gupta presents oral argument in constitutional challenge to New York’s credit-card surcharge law
8.9.2013: The firm successfully opposes a major class certification appeal before the Eleventh Circuit
8.8.2013: Deepak Gupta speaks on the Supreme Court’s latest term in review at the American Bar Association’s Annual Meeting in San Francisco
8.5.2013: The firm welcomes our newest lawyer, Peter Conti-Brown, a graduate of Stanford Law School who joins us following his clerkships with Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit and Judge Gerald Lynch of the U.S. Court of Appeals for the Second Circuit
8.2.2013: Firm wins significant appellate victory on constitutional standing in statutory-damages cases; Eighth Circuit reverses dismissal of two consumer class actions, holding that “informational injury” is sufficient to establish standing with respect to violations of Electronic Funds Transfer Act
7.29.2013: Firm files reply brief in constitutional challenge to New York’s credit-card surcharge law.
7.22-23.2013 : Deepak Gupta speaks at the American Association for Justice annual meeting in San Francisco — on “U.S. Supreme Court Developments” to the Civil Rights Section and on “Arbitration Developments” to the Class Action Litigation Group
7.23.2013: Deepak Gupta speaks on American Express v. Italian Colors, along with Archis Parasharami and Professor Tom Stipanowich, for Law Seminars International
7.17.2013: Firm files oppositions to two interlocutory appellate petitions in the Eleventh Circuit concerning class certification and Hobbs Act jurisdiction over an FCC order, respectively
7.9.2013: In a major appellate victory, the Second Circuit holds that billionaire John Catsimatidis is personally liable — as an “employer” under the Fair Labor Standards Act — for millions of dollars in wage-and-hour violations.
7.5.2013: Firm files brief in Eleventh Circuit appeal concerning “express consent” under the federal Telephone Consumer Protection Act.
7.1.2013: Deepak Gupta and Jon Taylor file a brief in the Supreme Court of Alaska on the extent to which foreclosure mills are subject to state and federal consumer-protection standards
7.1.2013: Amicus briefs on behalf of national consumer groups and major national retailers filed in support of constitutional challenge to New York’s credit card surcharge ban, in which the firm is lead counsel for the plaintiffs
6.25.2013: The firm files a brief as counsel to the National Conference of Bankruptcy Judges, an association of federal bankruptcy judges, in litigation against the United States over federal judicial compensation.
6.24.2013: Deepak Gupta quoted by NPR’s Marketplace discussing the pro-business Roberts Court:
Under Chief Justice John Roberts, the court has also made multiple decisions on class-action lawsuits, in which large groups of individuals band together to sue companies. “About seven cases this term that implicate class-action rights, and in all but one they have limited people’s ability to band together to bring class actions” says Deepak Gupta, a plaintiff side appellate lawyer who has argued on behalf of consumers and employees in front of the Supreme Court.
“These are cases that often seem quite technical. They involve issues like class-action rules and preemption and arbitration and most people fall asleep when they hear that,” Gupta added.
As a result, Gupta said, these types of cases often get overshadowed by the big blockbuster rulings involving civil rights. “But they actually have, I think, a much bigger impact on our everyday lives as consumers and workers.”
6.24.2013: Deepak Gupta quoted on the front page of the Wall Street Journal discussing the Supreme Court’s class-action jurisprudence:
While the Roberts Court has long been viewed as friendly to business, the court set several notable precedents involving class-action lawsuits where plaintiffs try to pool their claims into one big case.
“This term was a near bloodbath for class-action plaintiffs’ lawyers,” said Deepak Gupta of Gupta Beck PLLC, who specializes in Supreme Court litigation for plaintiffs. “The court is so hostile to class-actions that any victory for plaintiffs, no matter how straightforward, is a surprise.”
6.24.2013: Deepak Gupta and Greg Beck co-teach a seminar on preemption and First Amendment issues in public-health litigation at American University’s Washington College of Law
6.20.2013: U.S. Supreme Court decides American Express v. Italian Colors, in which the firm represented the respondents; reports in Reuters, Bloomberg, Wall Street Journal, N.Y. Times / Deepak Gupta quoted in an overview of the Supreme Court’s recent class-action jurisprudence in Reuters.
6.19.2013: Firm files 3-page reply in Fourth Circuit appeal over whether federal law protects consumers’ right to make oral disputes with debt collectors
6.17.2013: The firm files a motion for a preliminary injunction, on First Amendment and due-process grounds, against New York’s credit-card surcharge law
6.11.2013: Deepak Gupta speaks on Dodd-Frank financial reforms at Federalist Society’s “Executive Branch Review” conference; report at Blog of the Legal Times.
6.4.2013: The firm files a constitutional challenge to New York’s law on credit-card swipe fees surcharges: reports at Law360, Bloomberg, Consumer Affairs, Consumer Law & Policy Blog, and The New York Post.
5.22.2013: Deepak Gupta quoted in Bloomberg article on the effects of the constitutional controversy over the Consumer Financial Protection Bureau
5.22.2013: Deepak Gupta participates in seminar on Supreme Court’s decision in McBurney v. Young and public records access
5.14.2013: Deepak Gupta argues constitutional standing issues in Charvat v. First National Bank before the Eighth Circuit in Omaha
5.13.2013: U.S. Supreme Court denies certiorari in Zinni v. Convergent Outsourcing
5.2 to 5.3.2013: Deepak Gupta co-chairs PLI’s Consumer Financial Services Institute, Chicago
4.29.2013: U.S. Supreme Court issues decision in McBurney v. Young. Deepak Gupta, who argued the case before petitioners, is quoted in stories by the Los Angeles Times, Reuters, Mother Jones, Law360, Bloomberg U.S. Law Week , and Freedom of Information News.
4.25.2013: Deepak Gupta speaks at 46th Annual Pacific Coast Labor & Employment Conference, Seattle
4.24.2013: Deepak 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
4.24.2013: Deepak Gupta files appellee’s brief in Cabala v. Morris, an attorneys’ fees appeal in the Second Circuit
4.17.2013: Firm files supplemental U.S. Supreme Court brief discussing the impact of Genesis Healthcare v. Symczyk on the pending petition in Zinni v. Convergent Outsourcing
4.17.2013: Deepak Gupta files brief in Clark v. ACS in the Fourth Circuit, concerning whether Fair Debt Collection Practices Act protects consumers’ right to oral disputes
4.8 to 4.9.2013: Deepak Gupta co-chairs the PLI’s Consumer Financial Services Institute, New York
4.5.2013: Deepak Gupta speaks on fair lending at the American Bar Association Spring Meeting, Business Law Section
4.2.2013: Deepak Gupta and Jon Taylor file reply brief in the Ninth Circuit in Brady v. Deloitte & Touche, a Rule 23(f) appeal in a class action on behalf of a class of California audit employees alleging overtime violations by the accounting firm
3.21.2013: Firm files brief in opposition in the U.S. Supreme Court in Zinni v. Convergent Outsourcing.
3.21.2013: Deepak Gupta debates the constitutionality of the Consumer Financial Protection Bureau at Georgetown Law with former White House Counsel C. Boyden Gray (sponsored by the Consumer Law Society, Federalist Society, and Georgetown Center for the Constitution).
3.20.2013: Deepak Gupta speaks on seeking and opposing discretionary review in the Supreme Court and the courts of appeals at the Practicing Law Institute’s 2013 Appellate Advocacy program in New York.
3.11.2013: Firm files comments in the Tennessee Supreme Court on behalf of a group of Tennessee lawyers opposing adoption of stringent new lawyer advertising rules in the state.
2.27.2013: Oral argument in American Express v. Italian Colors, in which the firm is co-counsel for respondents.Recap by Andrew Longstreth of Thompson Reuters here.
2.25.2013: Georgetown Law article on the firm’s work with students at the law school’s Institute for Public Representation
2.20.2013: Deepak Gupta argues before the U.S. Supreme Court in McBurney v. Young. Read the transcript here, listen to the argument here, and read a recap by Bob Barnes of the Washington Post here.
2.13.2013: The firm files its reply brief in the U.S. Supreme Court in McBurney v. Young.
1.22.2013: The firm files its merits brief in the U.S. Supreme Court in American Express v. Italian Colors.
1.21.2013: Greg Beck appeals the Florida Bar’s denial of a lawyer advertisement to the Bar’s Standing Committee on Advertising.
1.7.2013: Deepak Gupta debates C. Boyden Gray at an a ABA panel on the constitutionality of the Consumer Financial Protection Bureau and the recess appointment of its Director, Richard Cordray. Gray is former White House Counsel (under President George H.W. Bush) and current counsel to the private plaintiffs in State National Bank of Big Spring, Texas v. Geithner, a pending constitutional challenge to the CFPB. The session will take place at a meeting of the American Bar Association’s consumer financial services committee in Naples, Florida.
12.26.2012: The firm files its Supreme Court merits brief in McBurney v. Young (constitutional challenge to Virginia’s law barring non-Virginians from the right to access public records)
12.13.2012: Deepak Gupta presents oral argument before the Second Circuit in Torres v. Gristede’s (concerning the extent to which an individual owner/operator of a company may be held personally liable as an employer under the Fair Labor Standards Act)
12.10.2012:Deepak Gupta to speak to the American College of Business Court Judges, a judicial education program for state-court judges with complex litigation dockets, hosted by George Mason University School of Law
12.6.2012: Deepak Gupta quoted in an article on the significance of Elizabeth Warren getting a seat on the Senate Banking Committee
11.29.2012: Brian Wolfman is quoted in an article on the Supreme Court arguments in McCutchen v. U.S. Airways, a major ERISA case that may affect the viability of some personal-injury suits. On behalf of Consumer Watchdog, Wolfman submitted an amicus brief on the common-fund doctrine.
While the Supreme Court’s decision in the case won’t really affect the way health insurance is offered to employees, it “could have a negative effect on injured people’s access to the courts,” says Wolfman.
“If the Supreme Court decides entirely in favor of US Airways, injured people will find it more difficult to hire competent lawyers in some cases,” he points out.
11.28.2012: CFPB Monitor highlights the firm’s role in an important Article III standing case before the Eighth Circuit, Charvat v. First National Bank.
11.28.2012:Deepak Gupta is quoted in a National Law Journal article by Supreme Court correspondent Tony Mauro on the Court’s decision in Nitro-Lift Technologies, and the trend of summary reversals in arbitration cases:
Deepak Gupta of the Gupta Beck firm in D.C. agrees [that these decisions are essentially error-correction.] “Arbitration is turning out to be one of those issues where, like habeas cases from the Ninth Circuit, or capital cases from the Texas Court of Criminal Appeals, the Supreme Court is trying to send a message that ‘we really mean it. We have you on our radar.’ “
The trend, says Gupta, fits into a larger picture of the Supreme Court, on its own, strengthening the Federal Arbitration Act as companies try to divert a broad array of disputes into arbitration. “The court is telling state courts that, when it comes to arbitration, no case is too small to notice.” Two years ago, Gupta argued on behalf of consumers in a major Supreme Court arbitration case, AT&T v. Concepcion.
11.22.2012:The firm files its opening brief for the plaintiff in Charvat v Mutual First Credit Union, an Eighth Circuit appeal involving Article III standing issues left undecided by the Supreme Court’s dismissal last term in First American Financial v. Edwards. The U.S. Department of Justice is participating as an amicus in support of the plaintiff.
11.21.2012: Deepak Gupta presents a webinar on the Consumer Financial Protection Bureau’s amicus brief program with Alan Kaplinsky and Christopher Willis of Ballard Spahr. The program materials and a free online recording are available here.
11.16.2012: Deepak Gupta speaks at the 2012 National Asian Pacific American Bar Association Convention, Washington, DC
11.9.2012: The U.S. Supreme Court grants certiorari in American Express v. Italian Colors, in which the firm represents the respondents. Deepak Gupta is quoted in a Law360 article, “High Court To Hear AmEx Antitrust Arbitration Row.”
10.25-10.28.2012: Brian Wolfman, Dick Rubin, and Deepak Gupta to speak at the National Consumer Law Center’s Annual Consumer Rights Litigation Conference in Seattle. Topics include Supreme Court and appellate advocacy on behalf of plaintiffs (Gupta and Wolfman), litigating federal preemption issues (Gupta), and FDCPA developments (Rubin).
10.17.2012: Deepak Gupta speaks at an event at the U.S. Senate hosted by Senator Al Franken, “Stacking the Deck: Consumer Rights in the Financial Marketplace,” on the impact of mandatory binding arbitration on the market for consumer financial products and services. Other speakers include former Georgia Governor Roy Barnes, Paul Bland of Public Justice, and Cora Hume of Pew Charitable Trusts. Sponsored by Americans for Financial Reform, Public Citizen, and the National Association for Consumer Advocates.
10.10.2012: An article on what the CFPB would look like in a Romney Administration, “CFPB Agenda Vulnerable To Election Year Shake-Up,” quotes Deepak Gupta on the agency’s future:
Although the CFPB’s institutional memory is short, the staff is dedicated to the agency’s mission as laid out by its progenitor, Elizabeth Warren, now a Democratic Senate candidate in Massachusetts, according to Deepak Gupta, the bureau’s former senior enforcement counsel. “There are a lot of people who are there for whom this is their life’s work,” Gupta, the founding partner of law firm Gupta Beck PLLC, said. However, there is a danger that a new director could lead to the CFPB being more “captured” by the industry than its founders intended, Gupta said.
10.8.2012: At the First Amendment Center, Tony Mauro reports on the Supreme Court’s decision to grant the firm’s petition in McBurney. (David Hudson of the First Amendment Center previously highlighted the case in this column.)
10.5.2012: The U.S. Supreme Court grants the firm’s petition for certiorari in McBurney v. Young, a constitutional challenge to a state law barring out-of-state residents from the right to public records.
10.4.2012: The firm files its Second Circuit opening brief in Torres v. Gristede’s, an appeal over whether billionaire John Catsimatidis is personally liable under the Fair Labor Standards Act for millions of dollars in wage-and-hour violations to a class of workers at his chain of grocery stores.
10.2.2012: The U.S. Supreme Court hears argument in United States v. Bormes, in which Greg Beck wrote the opposition to certiorari and the respondent’s brief on the merits. The case concerns whether Congress waived the federal government’s sovereign immunity for claims under the Fair Credit Reporting Act.
9.19.2012: Deepak Gupta argues opposite former Solicitor General Paul Clement in Soutter v. Equifax, a consumer class action certification appeal before the U.S. Court of Appeals for the Fourth Circuit. A recording of the argument is available here.
9.18.2012: David Arkush speaks on “Direct Republicanism in the Administrative Process” at the University of Pacific, McGeorge School of Law, Sacramento, California
9.12.2012: Deepak Gupta and the firm’s Ninth Circuit brief are quoted in Penske Break Claims Not Preempted, Workers Tell 9th Circuit, by Scott Flaherty of Law360:
“Congress’ purpose in enacting the FAAAA was not to preempt state worker protections, but to ensure competition in the trucking industry,” the brief said. “The district court’s decision … extends the FAAAA’s preemptive scope far beyond what Congress envisioned. It infringes on the states’ traditional authority to protect the health and welfare of their workers without furthering Congress’ goal of eliminating barriers to competition in the transportation industry. It should be reversed.”
Deepak Gupta, an attorney representing the class on appeal, told Law360 on Wednesday that when he learned of the lower court’s preemption ruling in the case, he was shocked at its potential broad-reaching effects. He said he believes there is a good chance the decision will be overturned on appeal.
“The implications are really sweeping,” Gupta said. “I think there’s a good chance that the Ninth Circuit will find that this was just a bridge too far.”
9.12.2012: Deepak Gupta conducts a national webinar on appellate advocacy, “Winning on Appeal in Consumer Cases,” for the National Association of Consumer Advocates
9.12.2012: The firm files its Supreme Court reply brief in McBurney v. Young, a constitutional challenge to Virginia’s law barring out-of-state residents from the right to access public documents
9.10.2012: The firm files its Ninth Circuit opening brief in Dilts v. Penske, a preemption appeal in the Ninth Circuit challenging a district court decision holding that California meal-and-rest-break claims are preempted by a federal transportation deregulation law.
9.6.2012: The firm welcomes its first associate, Jonathan E. Taylor. Jon is a 2010 graduate of Harvard Law School and joins the firm following his clerkship with Judge Ronald Gilman of the U.S. Court of Appeals for the Sixth Circuit.
8.27.2012: The New York Times mentions Deepak Gupta in a story on high-level departures from the Consumer Financial Protection Bureau.
8.24.2012: Brian Wolfman’s rare appellate victory in a class action collateral-attack is featured in Allison Frankel’s On The Case, 2nd Circuit: Class members deserve notice, even in no-money deals
It’s exceedingly rare for courts to permit after-the-fact challenges by class members who didn’t raise objections to settlements that received final approval. According to Hecht co-counsel Brian Wolfman of Georgetown’s Law Center, there have been only eight or nine such “collateral attacks” in the history of the federal judiciary. But one of those cases was in the 2nd Circuit, which ruled in Stephenson v. Dowin 2001 that two Vietnam War veterans who claimed to have been exposed to Agent Orange were not adequately represented in Dow’s Agent Orange class action settlement, so the class agreement didn’t bar their claims. Wolfman and Hecht co-counsel Lawrence Katz of The Law Offices of Lawrence Katz cited Stephenson in their appeal to the 2nd Circuit, arguing, among other things, that Hecht had not received constitutionally adequate notice that her claim against United Collection had been settled. . . . Wolfman said it was “silly” for United Collection and class counsel to assume the single ad was enough notice in a case in which class members ceded their right to $1000 damages in exchange for nothing. “This decision will send a signal to defendants — this better not happen in the future or you’re leaving yourself open to collateral attacks,” he said.
8.2.2012: Deepak Gupta speaks on “Grappling With the Supreme Court’s Blockbuster Arbitration Cases” at the Annual Meeting of the American Bar Association, Chicago
7.31.2012: Deepak Gupta quoted in Law360 article, CFPB Enforcement May Pick Up As Agency Finds Its Legs.
7.27.2012: Brian Wolfman speaks on “Raising Appellate Issues Sua Sponte” to the Annual Convention of National Association of Appellate Court Attorneys, Washington, DC
7.18. 2012: Brian Wolfman speaks on “The Supreme Court, A Year in Review,” at the New York City Bar
7.18.2012: Deepak Gupta speaks on “Litigating Preemption” at the Summer Mortgage Conference, sponsored by the National Consumer Law Center and the National Association for Consumer Advocates, in Washington, DC
6.29.2012: The firm files a petition in the U.S. Supreme Court in a case challenging the constitutionality of the Virginia Freedom of Information Act’s citizens-only restriction, which precludes non-Virginians from enjoying the same right of access to public records as Virginians. This is the firm’s first filing in any court.
6.29.2012: Deepak Gupta quoted in Law360 article, Consumer Class Actions Survive Brush With High Court, on the Supreme Court’s dismissal of First American Financial v. Edwards:
Lost in the shuffle of the U.S. Supreme Court’s landmark health care ruling Thursday was a decision not to rule on a case that could have severely limited the power of consumer advocates to bring class actions accusing corporations of violating a statute even if consumers suffered no direct financial harm. Rather than rule on the merits of First American Financial Corp. v. Edwards, the high court instead dismissed its writ of certiorari, saying that it had been “improvidently granted.” . . . . An adverse ruling in First American threatened to weaken a host of consumer protection legislation that provides a cause of action based on a violation of statute, which business groups claim allow consumers to bring lawsuits even when they are not harmed, consumer advocates said.
That right is encoded in essentially every piece of consumer protection legislation, said Deepak Gupta, an appellate lawyer in Washington and a former senior litigation counsel at the Consumer Financial Protection Bureau.
“[First American] promised a disturbing change in that state of affairs, where the courts would get involved in deciding when there was an injury, even where Congress said there was one,” Gupta, who signed on to an amicus brief filed by Assistant to the Solicitor General Anthony Yang supporting Edwards, said.
6.27.2012: Deepak Gupta speaks on a panel moderated by Jeffrey Rosen (Legal Affairs Editor of The New Republic) on political critiques of the Supreme Court. With Amanda Frost (American University Law) and Christopher Landau (Kirkland & Ellis), sponsored by Justice at Stake, Washington, DC
6.21.2012: Deepak Gupta speaks on “Significant Changes in Consumer Law” at the Florida Bar’s Annual Convention, Orlando
6.21.2012: Deepak Gupta quoted in Bloomberg story, U.S. Consumer Bureau Violates Constitution, Lawsuit To Claim:
Deepak Gupta, a Washington-based appellate lawyer and former CFPB official, called the lawsuit “more a political stunt than a serious legal challenge” to Dodd-Frank.
“There remains sharp disagreement over the agency, but not every disagreement can be constitutionalized,” Gupta said in an e-mail.
Gray said the bank has standing to bring the lawsuit since it must follow CFPB rules. It quit offering mortgages in the face of the agency’s ability to regulate the home finance market. “Rather than trying to anticipate the un-anticipate-able, they left the market,” Gray said. ’’That is a serious harm.’’
Gupta called the argument “a very dubious and speculative theory of standing” in his e-email.
“There’s a good chance that the court will throw the case out for lack of injury and will not even reach the constitutional challenge,” he said.
6.21.2012: Deepak Gupta quoted in Law360 article, Texas Bank Takes Politically Charged CFPB Fight to Court:
“That’s a very dubious and speculative theory of standing,” said Deepak Gupta, an appellate lawyer in Washington and a former senior litigation counsel at the CFPB. “I think there’s a good chance that the court will throw the case out for lack of injury and will not even reach the constitutional challenge.”
The bank’s other claims also will face tough sledding, Gupta said.
Dodd-Frank gave the Financial Stability Oversight Council, a 10-member panel of financial regulatory agency heads, the ability to overturn any regulation put forward by the CFPB.
“No other agency can have its regulations overturned by a supercommittee of other regulators, as the CFPB’s rules can,” Gupta said.
5.21.2012: Deepak Gupta quoted in Bloomberg Businessweek article, Consumers May See New Limits on Mandatory Arbitration:
“The action on mandatory arbitration has shifted to the agencies,” Deepak Gupta, a former lawyer for the bureau who also argued a 2011 Supreme Court case on arbitration, said in an interview.
5.18.2012: Deepak Gupta speaks at University of Houston conference on “Teaching Consumer Law in an Evolving Economy.”
5.09.2012: Deepak Gupta quoted in Salt Lake Tribune article on appointment of Professor Chris Peterson to the CFPB, U. prof joins federal consumer financial protection unit:
An attorney who just left the bureau’s enforcement unit to start his own law firm says that Peterson “will be a real asset.” “He’s one of the leading scholars on consumer finance and predatory lending,” said Deepak Gupta, an appellate lawyer in Washington. “I think he’ll be a real resource for people in the agency.”
5.03 to 5.04.2012: Deepak Gupta serves as Co-Chair of the PLI Annual Consumer Financial Services Institute, at the University of Chicago Graduate School Conference Facility, Chicago, IL, moderating or speaking on sessions concerning preemption, arbitration, class action developments, and the CFPB.
5.01.2012: Deepak Gupta quoted in Los Angeles Times column, Consumer bureau may have final say on arbitration clauses:
The Consumer Financial Protection Bureau’s authority over arbitration clauses comes from a more recent statute … and that allows the agency to supersede the Supreme Court. Deepak Gupta, an appellate lawyer in Washington who previously worked at the bureau, agreed with this assessment. “At the end of the day, Congress gets to overrule the Supreme Court with a new statute,” he said. All this isn’t to say that a ban on arbitration clauses for credit cards, checking accounts and mortgages is a done deal. Gupta said bureau officials are approaching the matter with an open mind.