Deepak Gupta
202.888.1741 | 1900 L Street, NW, Suite 312, Washington, DC 20036
Legal Assistant: Nabila Abdallah,

Testimonials | Supreme Court Cases | Appeals | Trial-Level Litigation | Speaking Appearances

Deepak Gupta is the founding principal of Gupta Wessler PLLC—a boutique firm specializing in Supreme Court, appellate, and complex litigation on a wide range of issues, including constitutional law, class actions, and consumers’ and workers’ rights.
In the last U.S. Supreme Court term, Deepak was counsel of record in two merits cases and prevailed in both. In Expressions Hair Design v. Schneiderman, he successfully argued that laws designed to keep consumers in the dark about the cost of credit cards are subject to First Amendment scrutiny. The brief was ranked by “Empirical SCOTUS” as the single most readable of the term. And in Hernández v. Mesa, Deepak and his team persuaded the Court to reject a border guard’s qualified-immunity defense (and reverse a 15-0 en banc decision) in a case arising out of the tragic cross-border shooting of an unarmed Mexican teenager. Only three advocates (none of them at a boutique firm) surpassed this record before the Court last term.
In addition to arguing before the U.S. Supreme Court on a range of issues, Deepak has handled appeals in every federal circuit and seven state supreme courts. He is frequently sought out by leading trial lawyers to defend their most consequential victories or to resurrect worthy claims on appeal—often after years of hard-fought, high-stakes litigation. He approaches each matter with a fresh perspective, a bird’s-eye view of the law, and a creative and strategic sense of how to reframe the issues for success on appeal. Judges and lawyers alike praise Deepak’s clear and simple writing style, and the National Law Journal has singled out his “calm, comfortable manner that conveys confidence” in oral argument.
In a small number of select matters, Deepak and his team work with co-counsel to design litigation from the ground up—with a focus on class actions, federal administrative law, and constitutional challenges. In one such case, Deepak represented all of the nation’s federal bankruptcy judges in a certified class action against the government, recovering more than $50 million in back pay for Congress’s violation of the Constitution’s Judicial Compensation Clause. As the American Lawyer observed, “it’s hard to imagine a higher compliment than being hired to represent federal judges.”
Deepak’s other varied clients have included national and global nonprofits, state and local governments, members of Congress, retail merchants, tech companies, and classes of consumers and workers harmed by corporate wrongdoing. He currently represents the American Association for Justice (on forced arbitration and civil justice issues), Everytown for Gun Safety (in Second Amendment litigation), and Citizens for Responsibility and Ethics in Washington (in litigation over Donald Trump’s violations of the Constitution’s Foreign and Domestic Emoluments Clauses).
Before founding the firm in 2012, Deepak served as Senior Litigation Counsel and Senior Counsel for Enforcement Strategy at the Consumer Financial Protection Bureau. As the first appellate litigator hired under Elizabeth Warren’s leadership, he launched the Bureau’s amicus program, defended its regulations, and worked with the Solicitor General’s office on Supreme Court matters. For seven years previously, he was an attorney at Public Citizen Litigation Group, where he founded and directed the Consumer Justice Project and was the Alan Morrison Supreme Court Project Fellow. Deepak served as a law clerk to Judge Lawrence K. Karlton of the U.S. District Court for the Eastern District of California and worked at the Justice Department’s Voting Rights Section, the ACLU’s National Prison Project, and Americans United for Separation of Church and State. He studied law at Georgetown, Sanskrit at Oxford, and philosophy at Fordham.
In addition to his litigation practice, Deepak frequently engages in public advocacy and speaking. He has testified multiple times before the U.S. House of Representatives and the U.S. Senate, appears frequently in the national print and broadcast media, and has taught courses on public-interest law and appellate advocacy as an adjunct professor at Georgetown and American universities.
Deepak is a member of the American Law Institute, the Board of Directors of the Alliance for Justice, the Board of Directors of The Impact Fund, the Advisory Board of the Institute for Consumer Antitrust Studies, the Legal Affairs Committee of the American Association for Justice, and the Class Action Preservation Committee of Public Justice.

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“Deepak Gupta is one of the country’s top litigators, having successfully argued several major constitutional issues before the Supreme Court. . . . He has taken on several high-stakes cases, but what sets him apart is his creativity.” – FastCase

“The star of the legal left who’s taking on Trump, bigly.” – Above the Law

“The heavy hitter of the plaintiffs class action bar.” – Law360

“Deepak Gupta, who at age 34 was already known as a skilled appellate lawyer.” – The New York Times

Deepak possesses sharp legal acumen, an invaluable strategic sense, a clear, uncluttered and persuasive writing style, and an easy manner that makes him a pleasure to work with. He is one of the few lawyers I know who can distill the essence of a complicated issue into a couple of sentences, and propose the resolution of that issue in both an evocative and logically appealing argument.” – John Roddy, Partner, Bailey & Glasser, Boston, MA

“Deepak Gupta is truly one of the finer appellate lawyers in the country, with an abiding interest in consumer rights and justice. I have been lucky enough to have worked with him on several cases, and he may be the best lawyer I have ever worked with. He has my unhesitating endorsement.” – Paul Arons, Friday Harbor, WA

“Deepak is an extraordinary attorney, with great strategic vision and deep insights into effective advocacy. He is one of the most capable lawyers with whom I have worked, and a person with a strong moral compass and enormous integrity.” – Paul Bland, Executive Director, Public Justice

“Deepak is a brilliant, tireless advocate for consumers. In a matter he handled in the United States Supreme Court, he gave one of the best-prepared, most compelling arguments I’d ever heard. Put simply, Deepak is an outstanding lawyer.” – Jeffrey Fazio, Partner, Fazio Micheletti LLP, San Ramon, CA

“Deepak is an outstanding attorney and a quick study who possesses a strong working knowledge of Supreme Court practice. His analytical and brief writing skills are excellent! In addition to all of this, Deepak is a great guy with whom I really enjoyed working.” – M. Reid Estes, Member, Dickinson Wright, Nashville, TN

“Deepak and his team handled an appeal before the Supreme Court of the United States for our firm and our clients, from start to finish, including oral argument before the High Court. We worked closely together for over one year and I had the privilege of seeing first hand the exceptional and detail-oriented approach Deepak brought to this all-important task. His work product was and is of the highest caliber and was met or exceeded only by his professionalism and enthusiasm for the task.” – Alex Tomasevic, Nicholas & Butler, LLP, San Diego, CA

“Deepak is an exceedingly bright, thoughtful, and resourceful attorney. I had the pleasure of seeing him argue before the U.S. Supreme Court and with humility and grace, he dominated the courtroom and easily outperformed his prestigious adversary. Beyond the argument, Deepak has always impressed me with his ability to quickly grasp and articulate complex concepts and demonstrate excellent judgment in his dealings with co-counsel and adversaries. I have no doubt that he will accomplish much over his career. Deepak has the skills and strong moral compass to be a true leader and credit to our profession. He has my respect and highest recommendation.” – Steve Berk, Principal, Berk Law, Washington, DC

“Deepak Gupta has a well deserved reputation as one of the best and brightest consumer lawyers in the country. He has a gift for thinking of the policy ramifications, issues, and arguments. Like a master chess player he is able to think several steps ahead of most people to anticipate adversaries, judges, and other people. Mr. Gupta quickly gets to the heart of complex legal issues. He is able to communicate issues in a compelling persuasive manner that the average lay person can understand and appreciate. If I were assembling a team of top lawyers for an important case, he is one of the first people that I would pick to be on my team. He is a capable and dedicated advocate for consumer rights.” – Michael Halbfish, Woodbridge, New Jersey

“Deepak is an excellent attorney. I have relied on his counsel on several health policy issues. His advice was instrumental in helping us craft a strong national menu labeling bill, which was signed into law in March 2010.” – Margo Wootan, Ph.D., Director of Nutrition Policy, Center for Science in the Public Interest, Washington, DC

“Deepak is an outstanding appellate advocate who has expansive knowledge of consumer issues, preemption law, and federal courts. He is a top-notch lawyer.”Michael Donovan, Managing Principal, Donovan Axler, LLC, Philadelphia, PA

“Deepak is an extraordinary appellate advocate. Through his excellent writing, he reduces complex legal theories to clear and easily comprehensible arguments. Deepak’s creativity and extensive knowledge of substantive constitutional law and appellate procedure make him an exemplary consumer and plaintiff’s advocate.” Nina Simon, former Director of Litigation, Center for Responsible Lending

“Deepak Gupta ranks among the brightest, most articulate and astute lawyers in the consumer law field today. His appellate briefwriting is insightful, focused, and highly persuasive. It has been a pleasure to get to work with him.”Bob Hobbs, National Consumer Law Center, Boston, MA

“Deepak is one of the most insightful and dedicated lawyers I have ever encountered. His passion for his work manifests in every aspect of the cases he litigates. On several occasions, I have read and discussed at length multiple drafts of a single sentence in a brief. One can see the result of such single-minded focus in Deepak’s performance in the Supreme Court, in which an entire team of lawyers was unable to match Deepak’s preparation for and mastery of the case.” – Michael Page, Williams & Connolly, Washington, DC

“Deepak is one of the nation’s most well-respected consumer advocates. I’ve known Deepak for more than 15 years and, more recently, have worked with him on several projects. I watched as Deepak litigated Concepcion before the Court. I couldn’t image a better choice to represent the interests of consumers in that landmark case. Deepak is a fantastic attorney with a unique combination of talent and experience.” – Peter Stris, Principal, Stris & Maher, Los Angeles, CA

“Deepak is one of the most brilliant people I know. He is an amazing writer who can say clearly what most people write in a confusing manner. He is committed to consumer issues and to businesses doing the right thing. He is an effective appellate advocate who is a force to be reckoned with. If you have an appeal that you need help with or stakes are high and you need the court to ‘get it right,’ call Deepak. You won’t go wrong.” – Ronald Frederick, Frederick & Associates, Cleveland, OH

“Gupta has a calm, comfortable manner that conveys confidence [in oral argument.] . . . No one who knows Gupta seems to doubt that he can make the case against preemption.” – The National Law Journal


Cases Briefed and Argued

U.S. Supreme Court Cases

Expressions Hair Design v. Schneiderman (Does a state law that prohibits credit-card surcharges but allows cash discounts regulate speech protected by the First Amendment?) (successfully briefed and argued for petitioner on the merits)

Hernández v. Mesa (In the case of the cross-border shooting of an unarmed Mexican teenager by a U.S. Border Patrol agent, does the Fourth Amendment apply extraterritorially and does the officer enjoy qualified immunity?) (successful counsel of record for the petitioner on the merits)

Coventry Health Care v. Nevils (Does the Federal Employee Health Benefits Act’s express-preemption provision preempt state laws that prevent carriers from seeking subrogation or reimbursement and, if so, is preemption by contract consistent with the Supremacy Clause) (co-counsel on the merits)

Chevron Corporation v. Steven Donziger (Do federal courts have jurisdiction to entertain preemptive collateral attacks on money judgments issued by foreign courts–in this case, a $8 Billion Ecuadorian oil-pollution judgment? Does RICO authorize federal courts to issue injunctive relief to private parties?) (counsel for petitioner)

Armstrong v. National Football League: NFL Concussion Litigation (Is the $1 Billion global settlement between retired professional football players and the NFL–which extinguishes claims that the NFL hid the risks of concussions–consistent with Rule 23 and due process?) (counsel for petitioners)

Wells Fargo v. Miami; Bank of America v. Miami (May cities sue banks for discrimination under the Fair Housing Act?) (counsel to the National League of Cities and the U.S. Conference of Mayors)

Triple Canopy v. United States ex rel Omar Badr (Is a defense contractor liable under the False Claims Act, on a “false certification” theory, for defrauding the U.S. military out of $10 million dollars worth of security services at an airbase in Iraq?) (counsel for successful respondents)

Zwicker & Associates v. Wise (Do the Noerr-Pennington doctrine and the Petition Clause of the First Amendment preclude liability under the Fair Debt Collection Practices Act for attorney conduct in collection litigation?) (counsel for successful respondents at petition stage)

U.S. Legal Services Group v. Atalaese (Does the Federal Arbitration Act prevent the New Jersey Supreme Court from declining to enforce an arbitration agreement on the grounds that it fails to inform consumers that they are giving up their right to go to court?) (counsel for successful respondents at petition stage)

Penske v. Dilts (Does the federal law that deregulated the trucking industry preempt longstanding state law requiring employers to provide meal and rest breaks to employees?) (lead counsel for successful respondents at petition stage)

Spokeo v. Robins (To what extent does Congress have the power to create injuries cognizable under Article III?) (lead counsel for respondent at petition stage)

Texas Department of Housing v. Texas Inclusive Communities Project (Are disparate-impact claims cognizable under the Fair Housing Act?) (lead counsel for current and former Members of Congress, presenting historical analysis ultimately adopted in the Court’s opinion)

Keiran v. Home Capital (Is written notice within three years of consummation of the loan sufficient to exercise the right to rescind under the Truth in Lending Act or does the consumer also need to sue for rescission within that three-year period?) (lead counsel for petitioners)

Republic of Argentina v. NML Capital Ltd., 134 S.Ct. 2819 (2014) (interpretation of sovereign bonds in litigation arising out of Argentina’s fiscal crisis) (lead counsel for amicus Joseph Stiglitz, Nobel laureate in economics and former President of the World Bank)

Mount Holly v. Mount Holly Gardens Citizens, 134 S. Ct. 636 (2013) (Are disparate-impact claims cognizable under the Fair Housing Act?) (lead counsel for current and former Members of Congress)

Geneva-Roth Ventures v. Kelker, 134 S. Ct. 734 (2013) (Did the Montana Supreme Court run afoul of the Federal Arbitration Act in refusing to enforce an arbitration clause in an online payday loan contract?) (lead counsel; obtained favorable settlement after filing brief in opposition but before Court’s consideration of the petition)

Charvat v. First National Bank, 134 S. Ct. 1515 (2014) (To what extent does Congress have the power to create injuries cognizable under Article III?) (lead counsel for respondents; successful brief in opposition)

Catsimatides v. Irizarry, 134 S. Ct. 1516 (2014) (To what extent does the Fair Labor Standards Act authorize personal liability for owners or officers of corporate employers?) (lead counsel for respondents; successful brief in opposition)

Zinni v. Convergent Outsourcing, 133 S. Ct. 2337 (2013) (Does a defendant’s informal, unaccepted offer to settle a plaintiff’s Fair Debt Collections Practices Act claims deprive a federal district court of jurisdiction to decide those claims, where the defendant has neither tendered the offered settlement amount nor agreed to entry of an enforceable judgment?) (co-counsel; successful brief in opposition)

McBurney v. Young, 133 S. Ct. 1709 (2013) (Does a state law restricting public-records access to citizens of that state violate the Privileges and Immunities Clause or dormant Commerce Clause of the U.S. Constitution?) (lead counsel; briefed and argued on the merits)

American Express v. Italian Colors (In re American Express Merchants Litigation), 133 S. Ct. 2304 (2013) (May an arbitration clause preventing class-action litigation be held unenforceable where it would effectively preclude any action seeking to vindicate the plaintiffs’ federal statutory rights?) (co-counsel at certiorari and merits stage)

First American Financial v. Edwards, 132 S. Ct. 2536 (2012) (Do consumers have Article III standing to seek statutory damages for a violation of an anti-kickback statute where they allege kickbacks but no effect on the price or quality of services?) (dismissed as improvidently granted) (co-counsel for United States)

Freeman v. Quicken Loans, 132 S. Ct. 2034 (2012) (Does the Real Estate Settlement Services Act prohibit a defendant from charging fees for services it did not perform, or does the Act prohibit only arrangements in which the defendant shares fees with another company?) (co-counsel for United States)

Mims v. Arrow Financial Services, 132 S. Ct. 740 (2012) (Do state and federal courts have concurrent jurisdiction over private actions under the Telephone Consumer Protection Act?) (lead counsel at petition stage; successful petition for certiorari)

Compton Unified School District v. Starvenia Addison, 132 S. Ct. 996 (2012) (Are claims under the Individuals with Disabilities Education Act limited to intentional conduct?) (lead counsel; successful brief in opposition)

AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011) (Are state-law decisions striking down class-action bans as unconscionable preempted by the Federal Arbitration Act?) (lead counsel; briefed and argued on the merits)

Chase Bank USA v. McCoy, 131 S. Ct. 871 (2011) (Do Truth-in-Lending regulations require notice of a credit-card rate increase, where the cardholder agreement authorizes a maximum default rate?) (co-counsel at the merits stage; lead counsel at petition stage)

Mills v. Midwest Title Loans, 131 S. Ct. 83 (2010) (Is an Indiana law regulating car title loans unconstitutional extraterritorial regulation under the dormant Commerce Clause?) (lead counsel for cert-stage amici)

U.S. Bank National Association v. Thomas, 130 S. Ct. 3504 (2010) (Are state-law usury claims against federally insured state-chartered banks completely preempted by the Federal Deposit Insurance Act?) (lead counsel for respondents; successful brief in opposition)

Rent-a-Center v. Jackson, 130 S. Ct. 2772 (2010) (May an arbitration agreement delegate the question of the arbitration agreement’s validity to the arbitrator?) (co-counsel at merits stage)

Stolt-Nielsen v. Animalfeeds International, 130 S. Ct. 1758 (2010) (Where the parties have asked the arbitrators to decide whether class arbitration is permissible and the arbitrators have answered in the affirmative, have the arbitrators exceeded their powers?) (amicus at merits-stage)

Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, LPA, 129 S. Ct. 2863 (2009) (Is ignorance of the law a complete defense to civil liabilty for abusive collection practices?) (lead counsel for amici national consumer groups at merits stage)

Cassens Transport Co. v. Brown, 130 S. Ct. 795 (2009) (May workers sue their employers for workers’ compensation fraud, or are such suits reverse-preempted by the McCarran-Ferguson Act?) (lead counsel for respondents; successful brief in opposition)

Mohawk v. Carpenter, 130 S. Ct. 599 (2009) (Are denials of attorney-client privilege claims immediately appealable through the federal courts?) (author of successful merits briefing)

The Coffee Beanery v. WW, Welshans, and Williams, 130 S. Ct. 81 (2009) (May arbitration awards be vacated based on manifest disregard of the law?) (lead counsel for respondents; successful brief in opposition)

Friends of Pinto Creek v. Carlota Copper Company, 129 S. Ct. 896 (2009) (Did the EPA’s issuance of a permit for an open-pit copper mine on one of the nation’s most endangered rivers violate Clean Water Act regulations?) (lead counsel for respondents; successful brief in opposition)

T-Mobile USA, Inc. v. Laster, 128 S. Ct. 2500 (2008) (Are decisions striking down class-action bans as unconscionable under state law preempted by Federal Arbitration Act?) (lead counsel for respondents; successful brief in opposition)

R.J. Reynolds Tobacco Company v. Tuazon, 549 U.S. 1076 (2006) (Does general jurisdiction based on sales-related contacts alone violate the Due Process Clause?) (lead counsel; successful brief in opposition)

John Hancock Insurance Company v. Patten, 549 U.S. 975 (2006) (Should the manifest-disregard-of-law standard for judicial review of arbitration awards be narrowed?) (co-counsel, successful brief in opposition)

Garry Ioffe v. Skokie Motor Sales, Inc., 546 U.S. 121 (2006) (Does the Motor Vehicle Safety and Information Act, also known as the Odometer Act, extend to title fraud unrelated to mileage?) (unsuccessful petition for certiorari)

Dolan v. United States, 546 U.S. 481 (2006) (To what extent does the United States Postal Service have sovereign immunity from personal-injury suits under the Federal Tort Claims Act?) (co-counsel, successful merits briefing)

Jones v. Flowers, 547 U.S. 220 (2006) (Does due process require the state to take additional steps to notify a property owner upon return of a certified-mail notice of a tax sale or property forfeiture?) (co-counsel, successful petition for certiorari and merits briefing)

Will v. Hallock, 546 U.S. 345 (2006) (Does the collateral-order doctrine allow an interlocutory appeal from a decision denying the federal government’s invocation of the Federal Tort Claims Act judgment bar?) (co-counsel, successful merits briefing)

General Motors v. Delmas Ford, 546 U.S. 935 (2005) (Does the application of one state’s law in a nationwide products-liability class action violate the Commerce Clause or Due Process Clause?) (successful brief in opposition)

Arpaio v. Demery, 545 U.S. 1139 (2005) (Do 24-hour Internet video broadcasts of the activities of pretrial jail detainees violate their right to substantive due process?) (successful brief in opposition)

Bayer AG v. Paul, 544 U.S. 919 (2005) (Do federal appellate courts have jurisdiction to review remand orders where the reasons for remand are different from those identified in the motion to remand?) (successful brief in opposition)

SSA Gulf, Inc. v. Magee, 544 U.S. 904 (2005) (Does the Longshore and Harbor Workers’ Compensation Act completely preempt state law?) (successful brief in opposition)

Johanns v. Livestock Marketing Association, 544 U.S. 550 (2005) (Can an advertising program that all beef producers are compelled by the government to support can be saved from invalidation as compelled speech on the theory that it is government speech or commercial speech?) (amicus, merits stage)

Lockhart v. United States, 546 U.S. 142 (2005) (May the federal government withhold a person’s Social Security disability benefits to collect on old student loan debt?) (drafted successful petition for certiorari; case was unsuccessful on the merits)

Correctional Services Corporation v. Malesko, 534 U.S. 61 (2001) (May a prisoner sue a private prison corporation under Bivens for violating his or her constitutional rights under the Eighth Amendment?) (drafted ACLU’s amicus brief)

State and Federal Appeals

Simpson v. Trump University (9th Cir.) (lead appellate counsel in challenge to Trump University fraud settlement, supported by prominent law professors and consumer groups)

Breazeale v. Victim Services, Inc. (9th Cir.) (argued appeal over whether a private corporation may use of threats of criminal prosecution on prosecutor letterhead to induce citizens into binding arbitration)

Arellano v. Clark County Collection Service (9th Cir.) (argued appeal over novel debt-collection tactic: buying consumers’ collection-abuse claims at auction)

Setara Tyson v. Sterling Rental (6th Cir.) (successful appeal of consumer’s suit against an unscrupulous car dealer’s “yo yo” scam, permitting claims under the Equal Credit Opportunity Act and reversing dismissal of statutory conversion claim under the common-law economic loss doctrine) (briefed and argued)

Italian Colors v. Harris (9th Cir.) (argued appeal in First Amendment challenge to California’s credit-card surcharge law)

Peruta v. County of San Diego (9th Cir.) (en banc) (successfully opposed Second Amendment challenge to California’s restrictions on the public carry of firearms and presented, for the first time, a historical case for seven centuries of Anglo-American regulation of public carry) (counsel to Everytown for Gun Safety)

In re NFL Concussion Litigation (3d Cir.) (lead appellate counsel to 34 former professional football players challenging the $1 billion global class-action settlement of claims that the NFL deliberately hid the effects of brain injuries from concussions) (briefed and argued)

West Virginia v. EPA (D.C. Cir.) (as counsel to Citizens Utility Board, Consumers Union, and Public Citizen, filed a brief focusing on the consumer benefits of the EPA’s Clean Power Plan to combat climate change)

United States Telecom Ass’n v. FCC (D.C. Cir.) (representing intervenors defending the FCC’s net neutrality rules) (counsel to Credo Mobile, Inc., Demand Progress, Fight for the Future, and, as part of a coalition of intervenor tech companies and non-profit advocacy groups)

Wrenn v. District of Columbia (D.C. Cir) (opposed Second Amendment challenge to District of Columbia’s restrictions on the public carrying of firearms) (counsel to Everytown for Gun Safety, the nation’s largest gun-violence-prevention organization)

Chevron v. Donziger (2nd Cir.) (lead appellate counsel for U.S. lawyer Steven Donziger, the principal defendant in Chevron Corporation’s RICO action against Amazon communities and their advocates in an effort to collaterally attack an $8.6 Billion Ecuadorian judgment holding Chevron accountable for decades of pollution of an area of the rainforest the size of Rhode Island) (briefed and argued)

Silvester v. Harris (9th Cir.) (opposing Second Amendment challenge to California’s law imposing a 10-day waiting period on firearms purchases) (counsel to Everytown for Gun Safety)

Dana’s Railroad v. Bondi (11th Cir.) (successful constitutional to Florida’s credit-card surcharge law on First Amendment and vagueness grounds) (briefed and argued)

Expressions Hair Design v. Schneiderman (2nd Cir.) (defended a victory in a constitutional challenge to New York’s credit-card surcharge law, which Judge Rakoff struck down on First Amendment and vagueness grounds; lost on appeal and successfully petitioned the U.S. Supreme Court) (briefed and argued)

Rowell v. Pettijohn (5th Cir.) (appeal challenging Texas’s credit-card surcharge law on First Amendment and vagueness grounds) (briefed and argued)

Evankavitch v. Green Tree Servicing (3d Cir.) (successfully defended a jury verdict in an appeal raising a question of first impression under the Fair Debt Collection Practices Act: who bears the burden of proof as to whether a collector’s phone calls fell within a safe harbor for contacts seeking location information?) (briefed and argued)

Chen v. Major League Baseball (2nd Cir.) (retained to argue appeal over whether Major League Baseball is exempt from the Fair Labor Standards Act) (briefed and argued)

Moran v. The Screening Pros (9th Cir.) (retained to appeal a decision striking down California’s Investigative Consumer Reporting Agencies Act, one of the nation’s strongest protections against abuses by background-screening companies, on due process vagueness grounds) (briefed and argued)

Kingery v. Quicken Loans (4th Cir) (retained to brief and argue appeal concerning a question of first impression under the Fair Credit Reporting Act: what does it mean for a mortgage lender to “use” a credit score so as to trigger disclosure requirements?) (pending)

Cabral v. Supple (9th Cir.) (retained to defend a district court’s decision certifying a class of purchasers of Supple, a fruit juice that claims to cure arthritis) (briefed and argued)

Murphy v. DCI Biologicals, (11th Cir.) (retained to seek reversal of a decision interpreting the Telephone Consumer Protection Act “prior express consent” requirement to permit implied consent to autodialed text messages based on an interpretation of Federal Communications Commission rulings) (briefed and argued)

Hayes v. Delbert Services Corp. (4th Cir.) (retained to brief and argue appeal over enforceability of internet payday lender’s “tribal arbitration” scheme) (pending)

Ambridge v. Alaska Trustee (Alaska Supreme Court) (retained to defend a decision holding that foreclosure activity is covered by the Fair Debt Collection Practices Act and the state consumer-protection statute) (pending)

Mais v. Gulf Coast Collection Bureau, 768 F.3d 1110 (2014) (defended a decision holding that routine hospital admission forms do not supply the consent necessary to satisfy the Telephone Consumer Protection Act’s “prior express consent” requirement under Federal Communications Commission rulings)

Russell v. Absolute Collection Service, Inc., 763 F.3d 385 (4th Cir. 2014) (successfully obtained decision affirming jury verdict in collection-abuse case and rejecting argument that consumers must first make a dispute before invoking the protections of the Fair Debt Collection Practices Act) (briefed and argued)

Brady v. Deloitte & Touche LLP (9th Cir.) (retained to handle an interlocutory appeal of a decision decertifying a class of salaried non-licensed accounting firm employees alleging overtime violations) (briefed and argued)

Dreher v. Experian (4th Cir. 2014) (successfully defeated Experian’s petition for interlocutory review, primarily on Article III standing grounds, of a decision granting class certification in a Fair Credit Reporting Act action)

Dilts v. Penske, 769 F.3d 637 (9th Cir. 2014) (successfully obtained reversal of a string of decisions holding that a provision of the California labor code requiring meal and rest breaks is preempted, as applied to a class of truck drivers, by the Federal Aviation Authorization Act of 1994–a transportation deregulation measure that expressly preempts state law relating to “prices, routes, or services”) (briefed and argued)

Clark v. Absolute Collection Service, Inc., 741 F.3d 487 (4th Cir. 2014) (prevailed on appeal in a class action under the Fair Debt Collection Practices Act on an issue that has divided the circuits: whether consumers may orally dispute the validity of a debt or whether the statute imposes a writing requirement) (briefed and argued)

Catsimatides v. Irizarry, 722 F.3d 99 (2nd Cir. 2013) (successfully obtained published Second Circuit decision holding that New York billionaire John Castimatides is personally liable–as an “employer” under the Fair Labor Standards Act–for millions of dollars in wage-and-hour violations to a class of workers at a chair of grocery stores that he owns; Castimatides is represented on appeal by former Solicitor General Walter Dellinger) (briefed and argued)

Charvat v. Mutual First Federal Credit Union, 725 F.3d 819 (8th Cir. 2013) (successfully obtained published Eighth Circuit decision reversing district court’s dismissal of two consumer class actions on the grounds that that consumers lack injury-in-fact for purposes of Article III standing to pursue a claim for statutory damages arising out of federal notice requirements) (briefed and argued)

Cabala v. Crowley, 736 F.3d 226 (2nd Cir. 2013) (successfully obtained published Second Circuit decision holding that a defendants’ offer of full relief including attorneys’ fees –but lacking a formal offer of judgment — does not moot or otherwise preclude the prevailing plaintiffs’ entitlement to further fees)

Bayer v. Carrera, 727 F.3d 300 (3d Cir. 2013) (retained to prepare petition for rehearing en banc seeking review of Third Circuit decision on “ascertainability” in consumer products class actions and organize amicus strategy; resulted in an unusual four-judge dissent from denial recommending action by the Federal Rules Committee)

Manno v. Healthcare Revenue Recovery (11th Cir.) (successfully opposed a petition for interlocutory review of a class certification decision)

Crouser v. BAC Home Loans Servicing LP (11th Cir.) (represented the debtor in an appeal raising an unsettled question of bankruptcy law: whether settlement proceeds from a violation of the automatic stay are the property of the debtors’ Chapter 13 bankruptcy estate)

Soutter v. Equifax, 498 Fed.Appx. 260 (4th Cir. 2012) (retained, after the completion of briefing, to argue opposite former Solicitor General Paul Clement in this post-Wal-Mart appeal arising out of a Fair Credit Reporting Act class action; defending a district court decision certifying a statewide class of consumers whose credit reports indicated that they had outstanding judgments when in fact those judgments had been vacated, satisfied, or dismissed) (briefed and argued)

Grayson v. AT&T, 15 A.3d 219 (D.C. 2011) (en banc decision concerning whether consumers must suffer injury-in-fact to sue under D.C.’s Consumer Protection Act)

Lee v. Carter-Reed, 203 N.J. 496 (2010) (in a case concerning deceptive-trade-practices claims against a dietary supplement manufacturer, the New Jersey Supreme Court reversed the lower court’s denial of class certification and adopted our brief’s analytical framework based on the economic concept of “credence goods”) (counsel for amici curiae consumer groups)

Salinger v. Colting, 607 F.3d 68 (2d Cir. 2010) (arguing that copyright does not protect the character Holden Caulfield independently of the work in which the character is fixed) (counsel for amicus curiae)

Pepper v. Routh Crabtree, 219 P.3d 1017 (Alaska 2009) (in case of first impression nationwide, won reversal of lower court’s dismissal on grounds that the First Amendment’s Petition Clause and the Noerr-Pennington doctrine immunize unfair and deceptive trade practices carried out in the context of litigation) (briefed and argued)

West v. Carfax, 2009-Ohio-6857 (Ohio App. 2009) (won reversal on appeal of a nationwide class-action settlement) (briefed and argued)

Harris v. Mexican Specialty Foods, 564 F.3d 1301 (11th Cir. 2009) (won reversal of lower-court decision striking down Fair Credit Reporting Act’s statutory-damages provision as unconstitutional under the Due Process Clause) (briefed and argued)

Danow v. Borack, 2009 WL 2883469 (11th Cir. 2009) (successfully defended jury verdict in collection harassment case) (lead appellate counsel)

Picard v. Credit Solutions, Inc., 564 F.3d 1249 (11th Cir. 2009) (whether the Credit Repair Organizations Act’s anti-waiver provision precludes mandatory binding arbitration) (amicus)

New York State Restaurant Ass’n v. New York City Bd. of Health, 556 F.3d 114 (2nd Cir. 2009) (holding New York City’s regulation requiring posting of calorie counts on fast food menus is not preempted by the Nutrition Labeling and Education Act and does not violate the First Amendment’s prohibition on compelled speech) (lead counsel for amici Congressman Henry Waxman, former FDA Commissioner David Kessler, American Medical Association, American Public Health Association, American Diabetes Association, Center for Science in the Public Interest, and professors of medicine, nutrition, and public health)

Del Campo v. Kennedy, 517 F.3d 1070 (9th Cir. 2008) (won precedent establishing that private government contractors may not be shielded by state sovereign immunity under the Eleventh Amendment) (briefed and argued)

Sidun v. Wayne County Treasurer, 481 Mich. 503, 751 N.W.2d 453 (Mich. 2008) (won constitutional due-process challenge to foreclosure of client’s home) (briefed and argued)

Reichert v. National Credit Systems, Inc., 531 F.3d 1002 (9th Cir. 2008) (defeated a debt collector’s novel reliance-on-the-creditor defense to liability under Fair Debt Collection Practices Act) (briefed and argued)

Palmer v. Friendly Ice Cream Corp., 285 Conn. 462, 940 A.2d 742 (Conn. 2008) (whether denials of class certification are appealable final orders under the “death knell” theory) (briefed and argued)

Griffin v. Bierman, 403 Md. 186, 941 A.2d 475 (Md. 2008) (unsuccessful constitutional due-process challenge to Maryland’s home mortgage foreclosure procedures; in response to the decision, procedures were subsequently reformed by the Maryland Legislature) (briefed and argued)

Jones v. Flowers, 373 Ark. 213 (Ark. 2008) (established, on remand from a U.S. Supreme Court victory in a constitutional challenge to state tax foreclosure procedures, that attorney’s fees may be recovered under federal civil rights law even when the plaintiff’s original complaint did not cite the federal statute) (briefed, co-counsel)

Rosario v. American Corrective Counseling Services, 506 F.3d 1039 (11th Cir. 2007) (won reversal of a lower-court decision dismissing a statewide class action; the court, distinguishing its own prior precedent, held that a private corporation under contract with Florida state prosecutors was not entitled to state sovereign immunity under the Eleventh Amendment) (briefed and argued)

Beuter v. Canyon State Professional Services, 261 Fed. Appx. 14 (9th Cir. 2007) (successful appeal establishing that debt collectors cannot avoid liability under the Fair Debt Collection Practices Act based on reliance on their clients) (lead appellate counsel)

Danow v. Borack, 197 Fed.Appx. 853 (11th Cir. 2006) (obtained reversal of a district court’s improper sua sponte dismissal of a consumer’s complaint of telephone harassment by a debt collector) (lead appellate counsel)

Luessenhop v. Clinton County, 466 F.3d 259 (2nd Cir. 2006) (adopting amicus brief’s argument that the federal Tax Injunction Act does not preclude plaintiffs from bringing constitutional due-process challenges to state tax foreclosure procedures in federal court) (amicus)

Stackhouse v. McKnight, 168 Fed. Appx. 464 (2nd Cir. 2004) (reversing magistrate judge’s approval of a consumer class-action settlement on grounds that objectors had not waived their right to decision by an Article III judge) (briefed, co-counsel)

American Civil Liberties Union of Ohio v. Capitol Square Review and Advisory Board, 243 F.3d 289 (6th Cir. 2001) (en banc) (co-authored brief of Americans United for Separation of Church and State and Anti-Defamation League as amici curiae in constitutional challenge to Ohio’s Biblical motto)

Trial-Level Litigation:

U.S. Chamber of Commerce v. Perez (N.D. Tex.) (as lead counsel to the American Association of Justice, defending a provision on class-action waivers in arbitration agreements in the U.S. Department of Labor’s new fiduciary rule)

National Veterans Legal Services Program, et al. v. United States (D.D.C.) (lead counsel for the plaintiffs in a class action challenging the fee structure of PACER, the federal judiciary’s online public records system)

Houser v. United States, 114 Fed.Cl. 576 (Fed. Cl. 2014) (as lead counsel for a certified class of all federal bankruptcy judges in the United States, obtained a judgment entitling class members to approximately $56 million in back pay stemming from Congress’s violation of the Constitution’s Compensation Clause; received President’s Award from National Conference of Bankruptcy Judges)

Youth for Environmental Justice v. City of Los Angeles (Cal. Superior Ct.) (action challenging city’s rubber-stamping of applications to drill oil in urban neighborhoods and racially disparate imposition of conditions on drilling)

Heldt v. Payday Financial LLC & Western Sky Financial LLC (D.S.D.) (counsel to intervenors challenging nationwide class action settlement of usury claims against tribal online payday lender)

Steele v. Lew (D.D.C.) (serve as interim class counsel, with Motley Rice LLC, to a putative national class of approximately 700,000 tax-return preparers challenging the Internal Revenue Service’s collection of millions of dollars in fees absent statutory authority)

Expressions Hair Design, et al. v. Schneiderman, 975 F. Supp. 2d 430 (S.D.N.Y. 2013) (as lead counsel for a group of merchants, prevailed in a constitutional challenge to New York’s credit-card surcharge law on First Amendment, void-for-vagueness, and antitrust-preemption grounds)

Italian Colors v. Harris, Attorney General of California (E.D. Cal.) (lead counsel to merchants challenging constitutionality of California’s credit-card surcharge law)

Rowell v. Abbott, Attorney General of Texas (W.D. Tex.) (lead counsel to merchants challenging constitutionality of Texas’s credit-card surcharge law)

Dana’s Railroad Supply v. Bondi (N.D. Fla.) (lead counsel to merchants challenging constitutionality of Florida’s credit-card surcharge law; case is currently on appeal)

Breazeale v. Victim Services, Inc. (N.D. Cal.) (class action against for-profit debt collection company that rents out the prosecutors’ letterhead to threaten consumers with criminal prosecution in an effort to collect civil debts)

Cavnar v. Bounceback (E.D. Wash.) (class action against for-profit debt collection company that rents out prosecutors’ letterhead to threaten consumers with criminal prosecution in an effort to collect civil debts)

First Premier Bank v. Evolution Finance (D.S.D.) (as lead counsel for a consumer-review website accused of trademark infringement by a bank specializing in subprime credit cards, mounted a First Amendment defense and successfully defeated bank’s preliminary-injunction motion)

Animal Legal Defense Fund v. Wasden (D. Idaho 2015) (free speech and equal protection challenge to Idaho’s “Ag Gag” law, intended to suppress covert investigations of inhumane conditions at agricultural facilities) (counsel to constitutional scholar Erwin Chemerinsky)

Neighborhood Assistance Corporation of America v. Consumer Financial Protection Bureau, 907 F.Supp.2d 112 (D.D.C. 2012) (lead counsel for CFPB in successful defense of regulations governing licensing of mortgage loan originators against a challenge under the Administrative Procedure Act and Fifth Amendment).

Koch Industries v. Does (Youth for Climate Truth), 2011 WL 1775765 (D. Utah 2011) (lead counsel in a successful First Amendment defense of climate-change activists responsible for a spoof website and press release concerning of Koch Industries’ position on climate change, accused by the conglomerate of trademark infringement, cybersquatting, computer hacking, or breach of contract)

Chamber of Commerce v. Servin (Yes Men) (D.D.C) (whether a parody Chamber of Commerce press conference by climate-change activists constitutes trademark infringement)

Public Citizen, et al v. Mukasey, 2008 WL 4532540 (N.D. Cal.) (lead counsel for three national consumer groups in a successful APA unreasonable-delay suit against the U.S. Department of Justice, resulting in creation and implementation of the National Motor Vehicle Title Information System)

Briggs v. Army & Air Force Exchange Service (N.D. Cal.) (obtained $7.4 Million settlement for a nationwide class of soldiers and veterans in a case challenging the government’s illegal withholding of veterans’ federal benefits to collect old debts arising out of purchases of military uniforms)

Rosario v American Corrective Counseling Services (M.D. Fla.), Hamilton v. American Corrective Counseling Services (N.D. Ind.), and Del Campo v. American Corrective Counseling Services (N.D. Cal.) (represented statewide classes of consumers in Florida, Indiana, and California challenging the abusive practices of a debt collector that operates collection programs under contract with local prosecutors, using false threats of prosecution and jail to coerce payment of collection fees)

Schwarm v. District Attorney Technical Services, 552 F. Supp. 2d 105 (E.D. Cal. 2008) (successfully represented a statewide class of plaintiffs in California challenging the abusive practices of a debt collector that operated collection programs under contract with local prosecutors)

New York State Restaurant Ass’n v. New York City, 509 F. Supp. 2d 351 (S.D.N.Y. 2007) and NYSRA v. NYC II, 2008 WL 1752455, stay denied, 545 F. Supp. 2d 363 (S.D.N.Y. 2008) (lead counsel for Congressman Henry Waxman, former FDA Commissioner David Kessler, the American Medical Association, the American Public Health Association, the American Diabetes Association, other public health groups, and leading professors of medicine and public health, as amici curiae, in defense of New York City’s calorie labeling law against challenges based on federal preemption and First Amendment)

Dynetech v. Leonard, 523 F. Supp. 2d 1344 (M.D. Fla. 2007) (successfully represented two consumer-review websites in this Internet free speech dispute, in which an infomercial company attempted to invoke trademark law to stifle critical commentary about its questionable investment software products)

Association of Community Organizations for Reform Now v. Federal Emergency Management Agency, 463 F. Supp. 2d 26 (D.D.C. 2006) (successfully represented survivors of Hurricanes Katrina and Rita in a constitutional due process challenge to FEMA’s procedures for denying federal disaster assistance)


Speaking Appearances

“Standing After Spokeo,” National Association of Attorneys General, Spring Consumer Protection Meeting, May 15, 2017

“District of Columbia v. Heller and the Second Amendment,” (moderated panel with Paul Clement and Jonathan Lowy), 2017 Judicial Conference, District of Columbia Courts: Constitutional Rights, Civil Rights, and Access to Justice, May 4, 2017

“Arbitration and Class Action Waivers: Has the Pendulum Swung?” Litigation Section Annual Conference, American Bar Association, San Francisco, CA, April 5, 2017

“Class Actions After Spokeo v. Robins: Supreme Court Jurisprudence, Article III Standing, and Practical Implications for the Bench and Practitioners,” Northern District of California 2017 Judicial Conference, Napa Valley, CA, April 29, 2017

“Practitioners and Scholars in Dialogue: What do we know about the civil justice system?” (symposium), Civil Justice Research Institute, UC Irvine School of Law, Irvine, California, April 28, ,2017

“Staying on the Rails: Direct Constitutional Checks on the President,” moderated by Kate Shaw, Floersheimer Center for Constitutional Democracy, Cardozo Law School, New York, March 28, 2017

“Hot Topics in Consumer Protection,” Annual Consumer Financial Services Institute, New York, March 28, 2017

“Have Mandatory Arbitration Clauses Adversely Affected Consumers?” (debate with Professor Steven Ware), “Forcing the Issue: Mandatory Arbitration” (symposium), Loyola University Chicago School of Law, Chicago, March 17, 2017

“Trump, Gorsuch, and the Concentration of Economic Power,” speech by Senator Amy Klobuchar and panel discussion moderated by Sabeel Rahman, Center for American Progress, Washington, DC, March 13, 2017

“The Rise of Mandatory Arbitration and the Demise of Class Actions,” with Myriam Gilles, Seminar in Private Law, Yale Law School, New Haven, CT, January 31, 2017

“Foreign Influence and the Presidency,” with Laurence Tribe, Joshua Matz, and Caroline Frederickson, American Constitution Society, Washington DC, January 24, 2017

“Conflicts of Interest: Holding the President Accountable,” Rise Above Conference 2017, sponsored by Lawyers for Good Government, Washington, DC January 21, 2017

“The Second Amendment and the Supreme Court: Confirmation Politics and Jurisprudential Challenges in 2017 and Beyond,” Second Amendment Litigation and Jurisprudence Conference, sponsored by the Law Center to Prevent Gun Violence, Washington, DC, December 7, 2016

“Has the Consumer Financial Protection Bureau Helped Consumers?” (panel discussion moderated by Judge Edith Jones of the Fifth Circuit), Federalist Society, 2016 National Convention, Washington, DC, November 18, 2016

“The Future of Access to the Courts,” sponsored by the Supreme Court Institute at Georgetown University Law Center and the Constitutional Accountability Center, November 3, 2016

“Standing After Spokeo” (plenary session), National Consumer Rights Litigation Conference, Anaheim, CA, October 22, 2016

“First Amendment Jurisprudence: What is Speech?” with Dean Robert Post and Amanda Shanor, Yale Law School, New Haven, September 15, 2016

“Supreme Court Review,” sponsored by the American Constitution Society and moderated by Tom Goldstein, National Press Club, Washington, DC, June 30, 2016

“Shifts in Gun Politics, Policy and Constitutional Law,” American Constitution Society’s National Convention 2016, Washington, DC, June 10, 2016

“First Amendment Issues in Consumer Payments: No Surcharge Rules and Content Discrimination,” with Eugene Volokh and Ilya Shapiro, Annual Public Policy Institute on Financial Services Regulation, George Mason University Law School,  Arlington, VA, June 8, 2016

“Reforming the Ripoff Clause: Why Access to Justice Matters for Accountability and the Economy,” with Senator Al Franken and Rep. Don Beyer, Center for American Progress, Washington, DC, June 7, 2016

Spokeo and the Present and Future of Class Actions,” Public Justice webinar, June 2, 2016

Briefing on Spokeo v. Robins, with Andy Pincus, Practicing Law Institute, June 1, 2016

“Justice Scalia’s legacy in civil justice issues,” Tenth Annual Judicial Symposium on Civil Justice Issues, George Mason Law School, Arlington, VA, May 23, 2016 (lunch speaker)

Annual Consumer Financial Services Institute, PLI, Chicago, May 13, 2016

Field Hearing on Arbitration, Consumer Financial Protection Bureau, Albuquerque, New Mexico, May 5, 2016

American Law Institute, The Future of Aggregate Litigation, at NYU School of Law, April 12, 2016

Annual Consumer Financial Services Institute, PLI, New York, April 4-5, 2016

Appellate Advocacy Seminar, Practicing Law Institute, New York, March 21, 2016

“High Stakes: Anticipating the Supreme Court’s Decisions in Tyson, Spokeo, and Campbell-Ewald,” with Paul Bland and Scott Nelson, The Impact Fund Class Action Conference, San Francisco, February 19, 2016

“Trial and Error: The NFL Concussion Settlement,” 92nd Street Y, New York, February 2, 2016 (sponsored by the Forum on Law, Culture & Society at NYU School of Law)

The Supreme Court at Midterm Conference, Stanford Law School, January 29-30, 2016

ABA National Institute on Class Actions, panels on appellate advocacy and the Supreme Court’s docket, New Orleans, October 17, 2015

“Barriers to Justice,” Yale ACS Conference on Law and Inequality, Yale Law School, October 17, 2015

Testimony on before the U.S. House of Representatives, Committee on Financial Services, “The Dodd-Frank Act Five Years Later,” September 17, 2015

“Supreme Court and Appellate Advocacy for the Little Guy,” Cosmos Club, Washington, DC, September 16, 2015

Testimony before the U.S. Senate Judiciary Committee, Subcommittee on the Constitution, “The Administrative State v. The Constitution: Dodd-Frank at Five Years,” July 23, 2015

Film screening and panel discussion, “Lost in the Fine Print,” with Rep. Suzan DelBene (D-WA), Nan Aron, Lorena Gonzalez, and Beth Terrell, Seattle, June 30, 2015

“Seeking and opposing discretionary review,” Appellate Advocacy Seminar, Practicing Law Institute, New York, June 2, 2015

Roundtable on Consumer Arbitration, Center for the Study of Private Law, Yale Law School, New Haven, April 8, 2015

“The Supreme Court, Article III Standing, and Class Actions,” Annual Consumer Financial Services Institute, New York, April 6-7, 2015

“Appellate advocacy essentials: framing issues, briefing, and oral argument,” National Consumer Law Center, presentation to seminar for experienced consumer lawyers in fair debt collection cases, Washington, March 13, 2015

Panel discussion with U.S. District Judge Denise Cote (S.D.N.Y.), Professor Sam Issacharoff (NYU Law) and John Beisner (Skadden Arps) on “The Future of Class Actions,” New York City Bar, Federal Courts Committee, March 3, 2015

“Ascertainability,” a panel discussion with Elizabeth Cabraser and Scott Nelson, Consumer Class Action Symposium, Tampa, Florida, Nov. 9, 2014

“Appellate strategies and developments,” with Brian Wolfman, National Consumer Rights Litigation Conference, Tampa, Florida, Nov. 7, 2014

Panel discussion with Nan Aron (Alliance for Justice), Linda Lipsen (AAJ), and Julianna Forlano accompanying D.C. premiere of “Lost in the Fine Print,” Washington, DC, Oct. 9, 2014

“The First Amendment meets consumer finance, or ‘Don’t like your review: Sue!’,” California State Bar, Aug. 21, 2014

“What plaintiffs’ lawyers need to know about appellate advocacy in an era of conservative courts,” Inner Circle of Advocates Annual Meeting, Washington, DC, August 14, 2014

“Recent Developments in the U.S. Supreme Court,” Class Action Litigation Group, American Association for Justice Annual Convention, Baltimore, MD, July 29, 2014

“Appellate Advocacy in Cases Seeking Corporate Accountability: Appealing to Conservative Judges,” Business Torts Section, American Association for Justice Annual Convention, Baltimore, MD, July 27, 2014

Law Seminars International’s 10th Annual Class Actions Conference, Seattle, WA, June 12 & 13, 2014

“Seeking and Opposing Discretionary Review,” Practicing Law Institute’s 2014 Appellate Advocacy program, New York, May 8, 2014

Co-Chair, 18th Annual Consumer Financial Services Institute, Chicago, April 28-29, 2014

Guest lecturer on class actions and the Supreme Court, Cardozo Law School, New York, NY, April 23, 2014

“2014 Great Conversations Roundtable: Reforming Non-Bank Financial Institutions,” University of Maryland Law School, Baltimore, April 16, 2014

“Mass Claims and Class Claims in Arbitration,” Institute for Transnational Arbitration of The Center for American and International Law and the American Society of International Law, Washington, DC, April 9, 2014

Co-Chair, 18th Annual Consumer Financial Services Institute, New York, April 7-8, 2014

“Making the Fine Print Fair,” symposium at Georgetown Law, sponsored by the Georgetown Consumer Law Society and Citizen Works, Washington, DC, April 4, 2014

“Supreme Court Review,” ABA National Conference on Equal Employment Opportunity Law, Rancho Mirage, March 28, 2014

“Ascertainability as a Growing Threat to Class Certification,” The Impact Fund, Annual Class Action Conference, Oakland, February 28, 2014

“Plaintiff-Side Appellate Advocacy,” lecture at Yale Law School, sponsored by the American Constitution Society, New Haven, November 21, 2013

Debate with U.S. Senator David Vitter on the Consumer Financial Protection Bureau and the Dodd-Frank Act, Lousiana Bar Association, New Orleans, LA, November 15, 2013

“Regulatory Cases on the Supreme Court’s Docket,” panel with Tony Mauro, Andy Pincus, and Rachel Brand, National Law Journal Regulatory Summit, Washington, DC, November 13, 2013

National Consumer Law Center Class Action Symposium, Washington, DC, November 10, 2013

“Appellate Advocacy for Consumer Advocates,” National Consumer Rights Litigation Conference, Washington, DC, November 7, 2013

“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, October 4, 2013

Consumer Perspective, American Bar Association 4th Annual Institute on Consumer Financial Services Basics at the University of Maryland Law School, October 1, 2013

“Will Class Actions Survive the Roberts Court?,” lecture at Loyola Law School, Chicago, September 27, 2013 “Supreme Court Labor and Employment Law Update,” Section of Labor and Employment Law, American Bar Association Annual Meeting, San Francisco, August 8, 2013

“Arbitration Developments,” Class Action Litigation Group, American Association for Justice Annual Convention, San Francisco, July 23, 2013

“U.S. Supreme Court Developments in Civil Rights,” Civil Rights Section, American Association for Justice Annual Convention, San Francisco, July 22, 2013

“American Express v. Italian Colors,” Law Seminars International program with Archis Parasharami and Prof. Tom Stipanowich, July 23, 2013

“Dodd-Frank and Beyond,” panel with law professor Todd Zywicki and former SEC Commissioner Kathleen Casey, Federalist Society’s First Annual Executive Branch Review Conference, Washington, DC, June 11, 2013

“McBurney v. Young: the Supreme Court and Public Records Access,” seminar with Chris Mohr and Yianni Pantis, Law Seminars International, May 22, 2013

Co-Chair, 18th Annual Consumer Financial Services Institute, Chicago, May 2-3, 2013

“The New Era of Arbitration,” 46th Annual Pacific Coast Labor and Employment Conference, Seattle, April 25, 2013

“Public Law Practitioners,” panel at American University, Washington College of the Law, April 10, 2013 Co-Chair, 18th Annual Consumer Financial Services Institute, New York, April 8-9, 2013

“Fair Lending,” American Bar Association, Business Section Spring Meeting, April 5, 2013

“The Constitutional Challenge to the Consumer Financial Protection Bureau: A Debate” (with C. Boyden Gray, and sponsored by the Georgetown Center on the Constitution, the Federalist Society, and Consumer Law Society), Georgetown Law, March 21, 2013

“Seeking and Opposing Discretionary Review in the U.S. Supreme Court and State and Federal Appellate Courts,” 2013 Appellate Advocacy seminar, Practicing Law Institute, New York, March 20, 2013

“Is the CFPB Constitutional?” (debate with C. Boyden Gray), American Bar Association, Consumer Financial Services Committee, Naples, FL, January 7, 2013

“The U.S. Supreme Court and Arbitration Wars,” American College of Business Court Judges, December 10, 2012

“The CFPB’s Amicus Program,” a joint Ballard Spahr and Gupta Beck webinar, November 21, 2012

“Arbitration and the Supreme Court,” National Asian Pacific American Bar Association, November 16, 2012

“Appellate and Supreme Court Advocacy on Behalf of Consumers” and “Litigating Preemption,” Annual Consumer Rights Litigation Conference, National Consumer Law Center, Seattle, October 25-28, 2012

“Stacking the Deck: Consumer Rights in the Financial Marketplace,” event sponsored by Senator Al Franken, U.S. Senate, Washington, DC, October 17, 2012

“How to Win Consumer Cases on Appeal,” National Association of Consumer Advocates, National Webinar, September 12, 2012

“Grappling with the Supreme Court’s Blockbuster Arbitration Cases,” Annual Meeting of the American Bar Association, Chicago, August 3, 2012

“Litigating Preemption Issues,” Summer Mortgage Conference of the National Consumer Law Center / National Association of Consumer Advocates, Washington, DC, July 18, 2012

“Significant Changes in Consumer Law,” The Florida Bar Annual Convention, Orlando, June 21, 2012

“Consumer Arbitration Update,” Teaching Consumer Law Conference, Center for Consumer Law, University of Houston, May 18, 2012

Symposium on “AT&T v. Concepcion: One Year Later,” Cardozo Law School, New York, April 26, 2012

Co-Chair, Annual Consumer Financial Services Institute, Practicing Law Institute, New York, April 9-10 and Chicago, May 3-4, 2012 (sessions on arbitration, preemption, and the CFPB)

“Fine Print, Federalism, and the Fate of the Class Action,” Public Lecture, John Marshall Law School, Chicago, March 22, 2012 (also guest taught administrative law class focused on agency design and CFPB)

“Federal Preemption Doctrine from a Consumer Perspective,” Symposium on Mass Torts in the Federal Courts, Charleston, South Carolina, February 24, 2012

“Consumer Financial Protection After Dodd-Frank: The New Legislation’s Enhanced Enforcement Structure,” New York City Bar, March 8, 2012

“Plenary Address: Life After Concepcion,” 20th Consumer Rights Litigation Conference, Chicago, November 4, 2012

“The Future of Consumer Arbitration & Class Action Waivers,” ABA Business Section, Boston, April 15, 2011

Faculty, PLI Annual Consumer Financial Services Institute, Chicago, March 31-April 1, 2011

Guest Lecturer, University of Houston Law School, Houston, Texas, Mar. 28, 2011

“The Future of Arbitration,” George Washington University Law School, March 17, 2011

Guest Lecturer, Capital University School of Law, Columbus, Ohio, March 11, 2011

Guest Lecturer, University of Toronto Faculty of Law, Toronto, Canada, March 7, 2011

Faculty, PLI Annual Consumer Financial Services Institute, New York, February 28-March 1, 2011

Speaker, “Arbitration and Class Actions,” Symposium on Consumer Class Actions, Boston, November 14, 2010

“AT&T v. Concepcion: A Panel Discussion,” (with Randy Barnett, Brian Wolfman, and Ira Rheingold), Georgetown University Law Center, Washington, DC, November 9, 2010

“Appellate Advocacy From Desk to Podium, A Panel Discussion with Washington’s Finest Appellate Advocates” (with David Frederick, Irv Gornstein, Leondra Kruger, Cate Stetson, and Dori Bernstein), Georgetown Law Barristers’ Counsel, October 27, 2010

“Consumer Law in the Supreme Court,” Consumer Law Society, Georgetown University Law Center, September 2010

Guest Faculty (with Carter Philips and Robin Conrad), “The Business of Justice: Corporate and Business Cases in the Roberts Court,” Summer Institute on Law and Government, American University, June 2010

Guest lecturer (with Ralph Nader), “Topics in Consumer Protection,” Washington College of Law, American University, June 2010

“Consumer and Civil Justice Cases in the U.S. Supreme Court: The October 2009 Term,” Conference on Teaching Consumer Law in the New Economy, Center for Consumer Law, University of Houston, May 21-22, 2010

“Class-Silent Arbitration Clauses and Stolt-Nielsen: A View from the Supreme Court,” American Bar Association, Section of Litigation Annual Conference, New York, April 22, 2010

“The National Motor Vehicle Title Information System” National Consumer Law Center, Webinar, Boston, March 18, 2010

Consumer Arbitration Study Group, American Bar Association, Section of Dispute Resolution, Washington, DC, January 2010

“National Motor Vehicle Title Information System,” 18th Consumer Rights Litigation Conference, National Consumer Law Center, Philadelphia, November 2009

“Fighting for Consumer Justice: Challenges in a Changing Economy” (moderator), Equal Justice Works Conference, Washington, DC, October 2009

“Arbitration: Has It Fulfilled Its Promises?” American Bar Association Annual Meeting, Chicago, July 2009

“Ending Mandatory Arbitration: Strategies for Restoring Access to the Courts,” Symposium on “The Future of Public Rights Litigation,” Fordham Law School, New York, March 2009

“Consumer Fraud Class Actions on Life Support,” American Bar Association, National Institute on Class Actions, Washington, DC, November 2008

“The Petition Clause, the Noerr-Pennington Doctrine, and Debt Collection Litigation,” 17th Consumer Rights Litigation Conference, National Consumer Law Center, Portland, OR, November 2008

“Conscientious Objectors: The Ethics of Representing Objectors to Class Action Settlements” Symposium on Consumer Class Actions, National Consumer Law Center, Washington, DC, November 2007

“Fair Debt Collection Practices Act Developments,” National Consumer Rights Conference, Miami, November 2006