Appellate Hot List 2018: Kirkland & Ellis
Kirkland & Ellis partner Paul Clement discusses the firm's big win in the U.S. Supreme case, Jesner v. Arab Bank.
October 26, 2018 at 05:02 AM
2 minute read
Tell us about your top U.S. Supreme Court or federal appeals court victory over the past year and how you and your team achieved the win.
Arab Bank was a great team win. Any time you represent the respondent in the Supreme Court you face an uphill climb. But here the Supreme Court had previously considered the Second Circuit's no-corporate-liability view and pointedly declined to embrace it, and the SG was against us. Despite those obstacles, we never lost faith in our core arguments (including that a statute designed to avoid diplomatic friction should not be interpreted to create it) and avoided being dragged into peripheral disputes. We also coordinated with the Jordanian government to highlight the profound disruption the lawsuit had caused a close ally.
How did your firm approach appellate success over the past year?
A team approach and depth of talent were keys. Erin Murphy argued one of the biggest cases of last Term. Erin and George Hicks handled numerous appeals, and at moots we draw on the wisdom of Judge McConnell, Bartow Farr and talented future stars.
What practice advice would you give your younger self?
Common sense beats a footnote every time. It is critical for advocates to master the precedents and the record, but appellate courts decide cases based on common sense and the broader principles of past decisions, not what they said in a footnote a decade ago.
Responses submitted by Paul Clement, a partner at Kirkland & Ellis.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
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Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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