Deepak Gupta

deepak @ guptabeck.com
Tel.  202.470.3826 | Fax  202.328.7030

Deepak Gupta

 

Testimonials
Representative Cases
U.S. Supreme Court Cases
State and Federal Appellate Cases
Federal District Court Cases
Selected Presentations

Deepak Gupta is the founding principal of Gupta Beck PLLC, a national appellate boutique based in Washington, DC. He is also an Adjunct Professor of Law at both Georgetown and American universities, where he has taught courses on public interest law and appellate advocacy.
Deepak specializes in Supreme Court and appellate litigation on a broad range of issues, with an emphasis on class actions, constitutional law, and consumers’ and workers’ rights. Deepak’s most recent advocacy–over just the past few months–has included the following matters:
  • lead counsel to a nationwide class of all federal bankruptcy judges in the United States: obtained a ruling that the judges have been unlawfully denied tens of millions of dollars in pay and benefits stemming from violations of the U.S. Constitution’s Compensation Clause
  • lead counsel to Members of Congress in a major civil rights case before the U.S. Supreme Court concerning the future of disparate-impact liability
  • lead appellate counsel to attorney Steven Donziger in Chevron v. Donziger, Chevron’s RICO action attacking a landmark $19.5 Billion environmental  judgment obtained on behalf of indigenous and farming communities affected by Chevron’s pollution of the Amazon Rainforest in Ecuador
  • successfully briefed and argued a Second Circuit appeal holding John Catsimatidis, a New York billionaire who owns the Gristede’s chain of stores, personally liable to his store workers for $3.5 Million in Fair Labor Standards Act violations
  • on behalf of a group of New York merchants, successfully challenged the constitutionality of the state’s credit-card surcharge statute on First Amendment, vagueness, and antitrust preemption grounds–obtained a permanent injunction barring enforcement of the statute; defending that ruling on appeal to the Second Circuit; lead counsel to merchants raising parallel constitutional challenges in California, Florida, and Texas
  • successfully briefed and argued an Eighth Circuit appeal adopting a theory of “informational injury” and resurrecting two class actions that had been dismissed on Article III standing grounds
Deepak has extensive experience as an advocate before the U.S. Supreme Court. He argued for the plaintiffs in AT&T Mobility v. Concepcion (2011), a landmark case at the intersection of arbitration, preemption and class actions, and represented the plaintiffs in another major arbitration case, American Express v. Italian Colors (2013). Deepak was lead counsel for the successful respondent in Mohawk Industries v. Carpenter (2009), where his merits brief secured a unanimous victory (and the first Supreme Court opinion authored by Justice Sotomayor) holding that a corporation may not immediately appeal an attorney-client privilege denial. In 2013, he argued before the Court on behalf of the plaintiffs in McBurney v. Young (2013), a Privileges and Immunities Clause and Dormant Commerce Clause challenge to a law barring nonresidents from public-records access. At the certiorari stage, Deepak has written dozens of successful briefs in opposition and several successful petitions, and assisted or consulted with advocates in many other Supreme Court cases.
Beyond the Supreme Court, Deepak’s experience includes briefing or arguing high-profile cases before federal appellate and district courts nationwide and seven state supreme courts. Among other things, his advocacy has secured:
  • the leading appellate precedents rejecting the extension of state sovereign immunity to government contractors (in the Ninth and Eleventh Circuits)
  • reversal of a decision striking down as unconstitutional the damages provision of the federal Fair Credit Reporting Act (in the Eleventh Circuit)
  • a successful defense of fast-food calorie disclosure policies against First Amendment and federal-preemption attacks (in the Second Circuit)
  • challenges to the constitutionality of foreclosure procedures in two state supreme courts, resulting in a successful return of the client’s home in one state and comprehensive reforms in the other
  • a successful First Amendment defense of anonymous environmental activists facing allegations of cybersquatting, computer hacking, and trademark infringement
  • an injunction against the Attorney General of the United States requiring the speedy implementation of a national consumer auto database
Before leaving government to start his own firm, Deepak served as Senior Litigation Counsel and Senior Counsel for Enforcement Strategy at the Consumer Financial Protection Bureau during the new federal agency’s historic founding in 2011-2012. As the first appellate litigator hired under the leadership of Professor Elizabeth Warren, he was instrumental in launching the agency’s amicus program, defending its regulations in court, and working with the Solicitor General’s office on Supreme Court matters. His duties also included providing advice to top officials on legal issues including preemption, arbitration, and administrative and constitutional law.
For seven years previously, Deepak was an attorney at Public Citizen Litigation Group, where he founded and directed the organization’s Consumer Justice Project and collaborated with advocates nationwide on class actions and appeals. Before that, he served as the Alan Morrison Supreme Court Project Fellow at Public Citizen, coordinating assistance to litigants in public interest cases before the U.S. Supreme Court. Deepak has also worked on voting rights litigation at the Civil Rights Division of the U.S. Department of Justice, church-state litigation at Americans United for Separation of Church and State, and prisoners’ rights litigation at the American Civil Liberties Union, and spent two years as a law clerk to the Honorable Lawrence K. Karlton of the U.S. District Court for the Eastern District of California. He received his law degree from Georgetown, studied Sanskrit for one year at Oxford, and received his undergraduate degree in philosophy from Fordham, where he was elected to Phi Beta Kappa and competed in numerous parliamentary debate tournaments including the World Universities Debating Championships in Manila, Philippines and Athens, Greece.
In addition to his litigation work, Deepak has engaged in legislative and public policy advocacy, appeared on television and radio programs including CNN, FOX News, ABC’s World News and Good Morning America, and National Public Radio’s All Things Considered, and been quoted by publications including The New York Times, Washington Post, Los Angeles Times, Chicago Tribune, Wall Street Journal, USA Today, and the National Law Journal. Deepak frequently speaks at national legal conferences and law schools and is a co-founder of the Consumer Law & Policy Blog and an occasional contributor to SCOTUSblog. 

 

 

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“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 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 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 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 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, Staff Attorney, Public Justice

“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 case of AT&T v. Concepcion, 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. In 2005, 2007, and 2010, he assisted me in preparing to argue three cases before the U.S. Supreme Court involving the federal regulation of employer provided health insurance or retirement benefits. Each time, Deepak’s input and advice was invaluable. Subsequently, I watched as Deepak litigated AT&T Mobility v. 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

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Representative Cases

U.S. Supreme Court

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)

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

Geneva-Roth Ventures v. Kelker (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 (To what extent does Congress have the power to create injuries cognizable under Article III?) (lead counsel for respondents)

Castimatides v. Irizarry (To what extent does the Fair Labor Standards Act authorize personal liability for owners or officers of corporate employers?) (lead counsel for respondents)

Zinni v. Convergent Outsourcing (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 (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)

In re American Express Merchants Litigation (American Express Company v. Italian Colors Restaurant, et al.), No. 12-133 (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?) (lead 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, et al., 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 Appellate Courts

Castimatides v. Irizarry (2nd Cir.) (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. First National Bank (8th Cir.) (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 (2nd Cir.) (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)

Expressions Hair Design v. Schneiderman (2nd Cir.) (defending New York Attorney General’s appeal of a decision striking down the state’s credit card “no surcharge” statute on First Amendment grounds) (pending)

Moran v. The Screening Pros (9th Cir.) (appealing 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 grounds) (pending)

Dilts v. Penske (9th Cir.) (retained to appeal a decision holding that a provision of the California labor code requiring meal and rest breaks is by 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”) (pending)

Cabral v. Supple (9th Cir.) (defending a district court’s decision certifying a class of purchasers of a fruit juice that claims to cure arthritis)

Clark v. Absolute Collection Service, Inc. (4th Cir.) (argued 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) (pending)

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) (pending)

Carrera v. Bayer (3d Cir.) (retained to prepare petition for rehearing en banc seeking review of Third Circuit decision on “ascertainability” in consumer products class actions)

Mais v. Gulf Coast Collection Bureau (11th Cir.) (defending 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)

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.) (representing the debtor in an appeal raising an unsettled question of bankruptcy law: Are settlement proceeds from a violation of the automatic stay the property of the debtors’ Chapter 13 bankruptcy estate?)

In re Facebook Point-Per-Click Advertising Litigation (9th Cir.) (interlocutory appeal from a decision concerning certification of a class of thousands of large and small advertisers who posted advertisements on Facebook, agreed to pay on a “cost-per-click” basis, and allege that Facebook breached its contract by overcharging for clicks) (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)

Soutter v. Equifax (4th Cir.) (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, — S.W.3d —-, 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)

Federal Trial Courts:

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

Houser v. United States (Court of Federal Claims) (lead counsel for a class of federal bankruptcy judges in litigation over federal judicial compensation stemming from Congress’s violation of the Compensation Clause)

Neighborhood Assistance Corporation of America v. Consumer Financial Protection Bureau (D.D.C) (lead counsel in successful defense of CFPB’s 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) (D. Utah) (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)

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Selected Presentations:

“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, 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 speaker, University of Houston Law School, Mar. 28, 2011

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

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

Guest speaker, University of Toronto Faculty of Law, 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

Speaker, “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

Speaker, “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

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

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

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

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

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

Speaker, “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

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

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

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

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