Representative Sampling of Appellate Experience

• Jackson-Mau v. Walgreen Co., No. 23-642-cv, --- F.4th ---, 2024 WL 3836105 (2d Cir. Aug. 16, 2024): Briefed, argued, and obtained affirmance of summary judgment for the defendants-appellees, holding that the federal Food, Drug, and Cosmetic Act and its implementing regulations preempt consumers’ state-law challenges to the name of a dietary supplement’s primary ingredient and the use of that ingredient’s name as the name of the product
• Erickson v. Pharmacia LLC, 548 P.3d 226 (Wash. Ct. App. 2024), pet. for rev. filed May 31, 2024 (No. 103135-1): Briefed, argued, and obtained reversal of $185M jury verdict on three different bases in product liability case asking whether an industrial “forever chemical” caused the three plaintiffs-respondents’ alleged neurocognitive injuries
• Thornell v. Jones, 144 S. Ct. 1302 (2024): Briefed and argued for the respondent in a death-penalty case asking to what extent the findings of a federal district court following a 28 U.S.C. § 2254(e) federal evidentiary hearing receive Federal Rule of Civil Procedure 52(a)(6) clear-error deference on appeal
• Harris v. Med. Transportation Mgmt., Inc., 77 F.4th 746 (D.C. Cir. 2023), cert. denied, 144 S. Ct. 818 (2024): Successfully petitioned for Federal Rule of Civil Procedure 23(f) discretionary appellate review, briefed, argued, and obtained reversal of an order certifying a wage-and-hour “issues class” under Rule 23(c)(4)
• Hollins v. Walmart Inc., 67 F.4th 1011 (9th Cir. 2023): Briefed, argued, and obtained 2-1 affirmance of summary judgment for the defendants-appellees, holding that the federal Food, Drug, and Cosmetic Act and its implementing regulations preempt consumers’ state-law challenges to the name of a dietary supplement’s primary ingredient and the use of that ingredient’s name as the name of the product
• Olson v. Doe, 12 Cal.5th 669 (2022): Briefed, argued, and obtained 7-0 reversal for the respondent in an appeal asking whether filing a civil lawsuit against a co-party to an agreement “not to disparage one another” breaches the non-disparagement agreement
• Aguilar v. Walgreen Co., 47 F.4th 1115 (9th Cir. 2022): Briefed, argued, and obtained published opinion dismissing for lack of jurisdiction challenges to order invalidating class action opt-out elections and issuing a new class notice to correct opt-out counsel’s misstatements to potential class members
• Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America v. Vilsack, 6 F.4th 983 (9th Cir. 2021), cert. denied, 142 S. Ct. 2867 (2022): Briefed, argued, obtained affirmance, and successfully opposed certiorari on behalf of beef producer trade organizations and cattle ranchers of summary judgment rejecting First Amendment challenge to the national beef checkoff program
• Prudencio v. Midway Importing, Inc., 831 Fed. Appx. 808 (9th Cir. 2020): Briefed, argued and obtained affirmance of dismissal of claims seeking to impose chain-of-distribution liability for health-and-beauty product allegedly falsely labeled by manufacturer
• LG Electronics, Inc. v. Lovers Tradition II, LP, No. 05-19-1304-CV, 2020 WL 4281965 (Tex. Ct. App. July 27, 2020), pet. for rev. dismissed Nov. 5, 2021 (No. 20-0832): Briefed for the appellant and obtained reversal of trial court’s finding that it could constitutionally exercise personal jurisdiction over the non-resident appellant
• Doğan v. Barak, 932 F.3d 888 (9th Cir. 2019): Briefed, argued and obtained affirmance and holding that the former Prime Minister of the State of Israel was entitled to foreign official immunity from a suit seeking to hold him liable for torts committed during a military interdiction of suspected militants that he authorized while the Minister of Defense
• Council of Parent Attorneys & Advocates, Inc. v. DeVos, 365 F. Supp. 3d 28 (D.D.C. 2019), appeal dismissed, No. 19-5137, 2019 WL 4565514 (D.C. Cir. Sept. 18, 2019): Lead counsel in obtaining invalidation under the Administrative Procedure Act of the Department of Education’s attempted delay of implementation of ameliorative special education regulations
• Kisor v. Wilkie, 588 U.S. 558 (2019): Lead counsel for amici curiae urging reversal in a case regarding deference to agencies’ interpretations of their own ambiguous regulations (judgment reversed 9-0)
• United States v. Christensen, 828 F.3d 763; 624 Fed. Appx. 466 (9th Cir. 2015), cert. denied, 580 U.S. 104; 581 U.S. 966 (2017): Briefed for the government-appellee and obtained affirmances in a six-defendant post-trial appeal presenting dozens of issues, including racketeering, computer access fraud, and bribery issues arising from the Anthony Pellicano and Terry Christensen wiretapping scandal
• United States v. Chhun, 744 F.3d 1110 (9th Cir. 2014), cert. denied, 574 U.S. 853 (2014): Briefed, argued and obtained affirmance for the government-appellee in a post-trial appeal regarding a conspiracy to overthrow the sitting government of Cambodia
• United States v. McTiernan, 695 F.3d 882 (9th Cir. 2012), cert. denied, 568 U.S. 1125 (2013): Briefed, argued and obtained affirmance for the government-appellee in an appeal regarding illegal private-party wiretapping by private investigator and Hollywood film producer 
• United States v. Meredith, 685 F.3d 814; 485 Fed. Appx. 185 (9th Cir. 2012), cert. denied, 568 U.S. 993 (2012): Briefed, argued and obtained affirmances for the government-appellee in a three-defendant appeal following tax-fraud trial presenting dozens of issues, including First Amendment issues
• Ali v. Bureau of Prisons, 552 U.S. 214 (2008): Briefed and argued for the petitioner in a Federal Tort Claims Act case alleging that federal prison officials discriminatorily destroyed the petitioner’s devotional objects
• LaRue v. DeWolff, Boberg & Associates, Inc., 552 U.S. 248 (2008): Briefed and obtained 9-0 reversal for the petitioner in an employee-benefits case regarding whether a 401(k) participant whose account was diminished by the plan administrators’ breach of their fiduciary duties may recover damages from the administrators
• Jones v. Bock, 549 U.S. 199 (2007): Briefed, argued and obtained 9-0 reversal for the petitioners in three consolidated cases involving, among other things, whether the petitioners were required by Rule 8 of the Federal Rules of Civil Procedure or the Prison Litigation Reform Act to negatively plead one of the respondents’ affirmative defenses 
• Winkelman v. Parma City Sch. Dist., 550 U.S. 516 (2007): Briefed, argued and obtained 7-2 reversal for the petitioners in a case regarding whether the Individuals with Disabilities Education Act creates independent, enforceable rights for parents in the special education of their disabled children
• Former Employees of IBM Corp. v. Chao, 435 F. Supp. 2d 1335 (Ct. Int’l Trade 2006), aff’d, 292 Fed. Appx. 902 (Fed. Cir. 2007): Briefed, argued and obtained unemployment benefits for displaced IBM software engineers challenging the Secretary of Labor’s denial of such benefits
• Smith v. Superior Court, 39 Cal. 4th 77 (2006): Lead counsel for amici curiae urging reversal in an appeal regarding statutory penalties for untimely payment of wages (judgment reversed 7-0)
• Copley Press, Inc. v. Superior Court, 39 Cal. 4th 1272 (2006): Lead counsel for amici curiae urging reversal of a California Public Records Act disclosure order (judgment reversed 6-1)