Appellate Hot List 2019: Akin Gump Strauss Hauer & Feld
Pratik Shah discusses the firm's top U.S. Supreme Court win.
October 25, 2019 at 02:30 PM
2 minute read
Pratik Shah of Akin Gump Strauss Hauer & Feld. November 10, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.
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.
Azar v. Allina Health Services: After a decade-long effort, Akin Gump achieved a major Supreme Court win against the U.S. [Department of Health and Human Services]. We broke new legal ground by securing notice-and-comment rulemaking protections under the Medicare Act, with much at stake for hospitals that treat a disproportionately large share of low-income patients. Our focus on plain-text arguments while debunking the government's parade of horribles led to a 7-1 Supreme Court victory creating important rule-making rights for all regulated parties—health care providers and beneficiaries alike.
How did your firm approach appellate success over the past year?
We focused on areas in which our appellate bench, working closely with our substantive expert practitioners, has developed market-leading expertise: health care, IP, Indian law, labor and bankruptcy. That has allowed us to tackle the most complex matters.
What is the most satisfying element of appellate practice in your opinion?
Discovering a new argument that can turn around a case. Although appellate lawyers are constrained by the record and waiver principles, we have found and developed winning jurisdictional arguments.
What's the most valuable lesson you learned as a young lawyer?
If your non-lawyer spouse, significant other or friend doesn't find your argument persuasive, then neither will a judge at oral argument.
Submitted by Pratik Shah, partner and co-chair of the Supreme Court and appellate group at Akin Gump Strauss Hauer & Feld.
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