Ilana Eisenstein partner with DLA Piper.

Ilana Eisenstein, DLA Piper

Philadelphia-based partner and co-chair of the appellate practice, Eisenstein, is former assistant to the Solicitor General and a former federal prosecutor with experience at every stage of litigation—from investigation, through trials, appeals and the U.S. Supreme Court.

Since her arrival at DLA Piper, her Supreme Court matter work has been impressive and addresses emerging legal issues businesses grapple with regularly. 

In Masterpiece Cakeshop v. Colorado Civil Rights Commission, Eisenstein's team submitted a brief on behalf of nine national civil rights organizations urging the court to conclude that it is unlawful for businesses to discriminate against vulnerable populations. The brief expressed concern that the petitioners' proposed free speech exemption to anti-discrimination public accommodation laws could pave the way for businesses to lawfully discriminate against racial and other minorities.

In Dahda v. United States, the team drafted a brief on behalf of the Electronic Frontier Foundation and the National Association of Criminal Defense Lawyers arguing, among other things, that new technology has transformed the power and pervasiveness of wiretapping, making the territorial limits imposed upon it by relevant law that much more important.

In United States v. Shockley, the team submitted a brief on behalf of six former Missouri state court judges and a former chief justice of the Missouri Supreme Court, urging the U.S. Supreme Court to grant a petition for certiorari filed by death row inmate Lance Shockley.

In United States v. Brice, the team drafted a petition for a writ of certiorari on behalf of an indigent prisoner. The petition raises claims under Brady v. Maryland based on the government's suppression of evidence that the only other potential perpetrator had a motive to commit the crime, as well as a claim that confessions by the only other potential perpetrator were inadmissible.

What career path would you have pursued if you weren't a lawyer?

I've always been interested in advocacy and public policy, but also enjoy analytical rigor. Before I settled on law school I considered becoming an economist.

Name a mentor or someone you admire.

I've benefited from many wonderful teachers, mentors, coaches and colleagues over the years. My clerkship with Judge Edward Becker was an important turning point in my legal career. His dedication to public service, irrepressible work ethic, love of the law, and respect for lawyers and the profession continue to inspire me.

What is the best advice you ever received?

“Do try not to be boring,” parting advice by then-Harvard President Neil Rudenstine at our graduation. Still aspiring to that one!

In 50 words or less, what does the legal profession need to do to prepare the next generation of lawyers?

Lawyers need real opportunities to serve as advocates, to work on cases of substance and significance, and to be apprenticed, not just “trained.”