A Prominent Appellate Litigator

I have handled federal appeals across the country, from Southern California to New England, briefing and arguing cases before all but two of the thirteen13 United States Courts of Appeals.

I've represented parties on merits briefs in proceedings before the United States Supreme Court. See Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 135 S. Ct. 1318 (2015); Matrixx Initiatives, Inc. v. Siracusano, 563 U.S. 27 (2011); Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (2005).

And I've filed amicus curiae or "friend of the court" briefs in numerous proceedings before the Supreme Court andBooks elsewhere – thereby giving voice to labor unions, Taft-Hartley funds, public retirement systems, institutional investors, law professors, and religious organizations on issues of pressing importance.

Published Decisions

Here are examples of published decisions from a few of the cases on which I've worked:

United States Supreme Court

  • Obergefell v. Hodges, 576 U.S. ___, 135 S.Ct. 2584 (2015): Counsel of Record for California Council of Churches, California Faith for Equality, Unitarian Universalist Legislative Ministry California, Northern California Nevada Conference United Church of Christ; Southern California Nevada Conference United Church of Christ, Pacific Association of Reform Rabbis; California Network of Metropolitan Community Churches supporting respondents and arguing for the right of same-sex couples to marry.
  • Hollingsworth v. Perry, 570 U.S. 693 (2013): Counsel of Record for amici curiae California Council of Churches, California Faith for Equality, Unitarian Universalist Legislative Ministry California, Northern California Nevada Conference United Church of Christ; Southern California Nevada Conference United Church of Christ, Pacific Association of Reform Rabbis; California Network of Metropolitan Community Churches supporting respondents and arguing for the right of same-sex couples to marry.
  • Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 552 U.S. 148 (2008): On the brief for amicus curiae The Regents of the University of California as lead plaintiff on behalf of investors in the Enron Securities Litigation class action, 2006 U.S. Briefs 43, 2007 U.S. S.Ct. Briefs LEXIS 414 (June 11, 2007).
  • Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007): Counsel of Record for amici curiae legal scholars, et al., in support of respondent, 2005 U.S. Briefs 1126, 2006 U.S. S. Ct. Briefs LEXIS 1068 (Oct. 13, 2006).
  • Central Bank v. First Interstate Bank, 511 U.S. 164 (1994): Briefed for amicus curiae National Association of Securities and Commercial Law Attorneys (NASCAT) defending liability under Securities Exchange Act §10(b) for aiding and abetting securities fraud, 1992 U.S. Briefs 854, 1993 U.S. S. Ct. Briefs LEXIS 449 (Sept. 9, 1993).
  • Musick, Peeler & Garrett v. Employers Insurance of Wausau, 508 U.S. 286 (1993): Drafted brief for amicus curiae National Association of Securities and Commercial Law Attorneys (NASCAT) opposing implied right of contribution under Securities Exchange Act §10(b), see 1992 U.S. Briefs 34, 1992 U.S. S. Ct. Briefs LEXIS 739 (Nov. 19, 1992).

U.S. Court of Appeals for the First Circuit

  • Plumbers' Union Local No. 12 Pension Fund v. Nomura Asset Acceptance Corp., 632 F.3d 762 (1st Cir. 2011): Briefed and argued for purchasers of mortgage-backed securities appealing from dismissal with prejudice of claims under the Securities Act of 1933, obtaining a partial reversal on allegations of a wholesale abandonment of lender underwriting standards in connection the underlying mortgages, and a remand for further proceedings on Securities Act claims that the trial court had dismissed in their entirety.

booksU.S. Court of Appeals for the Second Circuit

  • In re NYSE Specialists Securities Litigation (California Public Employees' Retirement System (CalPERS) v. New York Stock Exchange, Inc.) 503 F.3d 89 (2d Cir. 2007): Briefed and argued for California Public Employees' Retirement System (CalPERS) on behalf of investors challenging the New York Stock Exchange's false statements regarding the integrity of the market it operated.
  • In re Elevator Antitrust Litigation (Transhorn, Ltd. v. United Technologies Corp.), 502 F.3d 47 (2d Cir. 2007): Briefed and argued for plaintiff-appellants, purchasers of elevators and elevator-maintenance services, unsuccessfully appealing dismissal of antitrust complaint.

  • In re WorldCom Securities Litigation (California Public Employees' Retirement System (CalPERS) v. Caboto-Gruppo Intesa, BCI), 496 F.3d 245 (2d Cir. 2007): Briefed and argued for pension funds that opted out of WorldCom class action to file individual suits; successful appeal from ruling that the pension funds' individual actions were untimely filed.  (Reversing In re WorldCom Inc. Sec. Litig. (State of Alaska Dept. of Revenue v. Ebbers), 294 F. Supp. 2d 431 (S.D.N.Y. 2003), and In re WorldCom Inc. Sec. Litig. (California Public Employees' Retirement System (CalPERS) v. Ebbers), 308 F. Supp. 2d 214 (S.D.N.Y. 2004)).

U.S. Court of Appeals for the Third Circuit

  • In re Constar International Inc. Securities Litigation, 585 F.3d 774 (3d Cir. 2009): Briefed and argued for investor-appellees, successfully defending class-certification order over defendants' objections that Securities Act of 1933 §11 claims should not be certified without findings concerning market efficiency.

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

  • Fidel v. Farley, 534 F.3d 508 (6th Cir. 2008): Briefed for plaintiff class, successfully opposing objector's contentions that his stockbroker's failure to forward timely notice meant that class-notice procedures were inadequate.
  • Fidel v. Farley, 392 F.3d 220 (6th Cir. 2004): Briefed and argued for plaintiff-appellant investors, affirming dismissal of accounting-fraud claims on the ground that the facts alleged did not demonstrate auditor scienter. Overruled in part, Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 127 S. Ct. 2499 (2007).

U.S. Court of Appeals for the Seventh Circuit

  • Marshall v. H&R Block Tax Services, Inc., 564 F.3d 826 (7th Cir. 2009): Briefed for respondents, unsuccessfully opposing removal of consumer class action to federal court under the Class Action Fairness Act.
  • Beck v. Dobrowksi, 559 F.3d 680 (7th Cir. 2009): Briefed and argued appeal unsuccessfully challenging dismissal of Securities Exchange Act of 1934 §14(a) proxy-violation claims.
  • Albert v. Trans Union Corp., 346 F.3d 734 (7th Cir. 2003): Briefed and argued for plaintiff-appellant consumers; appeal dismissed on jurisdictional grounds.

U.S. Court of Appeals for the Eighth Circuit

  • Romine v. Acxiom Corp., 296 F.3d 701 (8th Cir. 2002): Briefed and argued for plaintiff-appellant investors on appeal from Rule 12(b)(6) dismissal, affirmed over Judge Bye's dissent.
  • Parnes v. Gateway 2000, Inc., 122 F.3d 539 (8th Cir. 1997): Briefed for plaintiff-appellant investors, unsuccessfully appealing from dismissal.

U.S. Court of Appeals for the Ninth Circuit

  • Makaeff v. Trump University, LLC, 715 F.3d 254 (9th Cir. 2013): Briefed and argued for named plaintiff appealing from denial of an anti-SLAPP motion to dismiss counterclaim for defamation filed against her by Donald J. Trump's so-called Trump University.   En banc rehearing denied, 736 F.3d 1180 (9th Cir. 2013).
  • Barnes-Wallace v. City of San Diego, 704 F.3d 1067 (9th Cir. 2012): Briefed for Unitarian Universalist amici curiae supporting an unsuccessful challenge to public subsidy of the Boy Scouts of America's program of discrimination on the basis of sexual orientation and religious belief.
  • Sanford v. MemberWorks, Inc., 625 F.3d 550 (9th Cir. 2010): Briefed and argued unsuccessful appeal from order dismissing consumers' telemarketing-fraud claims.
  • Hatfield v. Halifax PLC, 564 F.3d 1177 (9th Cir. 2009): Briefed and argued appeal from dismissal on ground that claims were untimely, winning on behalf of a class of California residents.

  • Sanford v. MemberWorks, Inc., 483 F.3d 956 (9th Cir. 2007): Briefed and argued for victim of telemarketing fraud compelled to arbitrate her claims – reversing order compelling arbitration where plaintiff contested entering the purported contract containing an arbitration clause.

  • Sanchez v. County of San Diego, 464 F.3d 916 (9th Cir. 2006): Briefed and argued for public-assistance applicants required by county to submit to searching "home visits" by the District Attorney's Public Assistance Fraud Investigators, en banc rehearing denied, 483 F.3d 965 (9th Cir. 2007) (with eight judges dissenting), cert. denied, 552 U.S. 1038 (2007).
    • Noted in the Harvard Law Review: RECENT CASE: Constitutional Law – Fourth Amendment – Ninth Circuit Upholds Conditioning Receipt of Welfare Benefits on Consent to Suspicionless Home Visits – Sanchez v. County of San Diego, 464 F.3d 916 (9th Cir. 2006), 120 Harvard Law Review 1996 (2007), and on The Colbert Report The Word: Premium Package (July 23, 2007).
  • Simpson v. AOL Time Warner, Inc.: Briefed for amicus curiae The Regents of the University of California on the scope of primary liability under Securities Exchange Act §10(b).  Vacated and remanded for reconsideration, sub nom. Avis Budget Group, Inc. v. California State Teachers' Retirement System, 552 U.S. 1162 (2008), on remand sub nom. Simpson v. Homestore.com, Inc., 519 F.3d 1041 (9th Cir. 2008).
  • Deutsch v. Turner Corp., 324 F.3d 692 (9th Cir. 2003): Briefed and argued for plaintiff-appellant Chinese and Korean victims of World War II-era Japanese slave labor unsuccessfully appealing dismissal of claims as barred by foreign-affairs preemption.
  • Ronconi v. Larkin, 253 F.3d 423 (9th Cir. 2001): Briefed for plaintiff-appellant investors unsuccessfully appealing from dismissal of securities-fraud claims.
  • Hertzberg v. Dignity Partners, Inc., 191 F.3d 1076 (9th Cir. 1999): Briefed and argued for plaintiff-appellant investors successfully appealing dismissal of Securities Act of 1933 claims, holding that investors who purchase registered securities need not purchase in their registered offering to pursue claims under §11 for false statements in a registration statement.
  • Berry v. Valence Technology, Inc., 175 F.3d 699 (9th Cir. 1999): Briefed for plaintiff-appellant investors, successfully appealing summary judgment on the statute of limitations.
  • Warshaw v. Xoma Corp., 74 F.3d 955 (9th Cir. 1996): Briefed for plaintiff-appellant investors successfully appealing from dismissal of securities-fraud complaint.
  • Chappell v. Robbins, 73 F.3d 918 (9th Cir. 1995): Briefed and argued for plaintiff-appellant investors unsuccessfully appealing dismissal of RICO claims asserted against a state legislator who took bribes to sponsor legislation allowing credit-life insurance rates to be raised.
  • Fecht v. Price Co., 70 F.3d 1078 (9th Cir. 1995): Briefed for plaintiff-appellant investors successfully appealing dismissal of securities-fraud claims.

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Eleventh Circuit

  • Bryant v. Dupree, 252 F.3d 1161 (11th Cir. 2001): On the briefs for plaintiff-appellant investors successfully appealing denial of leave to amend securities-fraud complaint.
  • Bryant v. Avado Brands, Inc., 187 F.3d 1271 (11th Cir. 1999): Briefed for plaintiff-appellee investors on interlocutory appeal to establish Eleventh Circuit pleading standards for securities-fraud cases.

U.S. Court of Appeals for the District of Columbia Circuit

California Supreme Court

  • Perry v. Brown, 52 Cal. 4th 1116, 265 P.3d 1002 (2011): Briefed question certified by the Ninth Circuit to the California Supreme Court concerning ballot proponents' standing to represent the state's interests, on behalf of amici curiae:
    • California Faith for Equality
    • California Council of Churches
    • General Synod of the United Church of Christ
    • Universal Fellowship of Metropolitan Community Churches
    • The Episcopal Bishops of California and Los Angeles
    • Progressive Jewish Alliance
    • Pacific Association of Reform Rabbis
    • Unitarian Universalist Association
    • Unitarian Universalist Legislative Ministry California
  • Strauss v. Horton, 46 Cal. 4th 364, 377-78, 207 P.3d 48, 93 Cal. Rptr. 3d 591 (2009): Briefed as amici curiae on behalf of petitioners urging the Court to invalidate Proposition 8 and to uphold same-sex marriages for:
    • The California Council of Churches
    • The Right Reverend Marc Handley Andrus, Episcopal Bishop of California
    • The Right Reverend J. Jon Bruno, Episcopal Bishop of Los Angeles
    • The General Synod of the United Church of Christ
    • Northern California Nevada Conference of the United Church of Christ
    • Southern California Nevada Conference of the United Church of Christ
    • Progressive Jewish Alliance
    • Unitarian Universalist Association of Congregations
    • Unitarian Universalist Legislative Ministry California
  • In re Marriage Cases, 43 Cal. 4th 757, 773-78, 183 P.3d 384, 76 Cal. Rptr. 3d 683 (2008): (co-counsel on the brief for religious amici curiae supporting same-sex couples' right to marry, including:
    • Affirmation: Gay and Lesbian Mormons
    • Al-Fatiha Foundation
    • Dignity USA
    • Alliance of Baptists
    • Brethren Mennonite Council for Lesbian, Gay, Bisexual and Transgender Interests, Clergy United, Inc.
    • Executive Committee of the American Friends Service Committee
    • Gay and Lesbian Vaishnava Association
    • General Synod of the United Church of Christ
    • Hebrew Union College-Institute for Judaism and Sexual Orientation
    • Integrity USA
    • Jewish Reconstructionist Federation
    • Lutherans Concerned/North America
    • More Light Presbyterians
    • Muslims for Progressive Values
    • National Coalition of American Nuns
    • Network of Spiritual Progressives
    • New Ways Ministry
    • Religion-Outside-The-Box
    • Religious Institute on Sexual Morality, Justice, and Healing
    • Seventh-day Adventist Kinship
    • International Inc.
    • Soka Gakkai International-USA
    • The Rabbinical Assembly
    • The Union for Reform Judaism
    • Unitarian Universalist Association of Congregations
    • Unitarian Universalist Ministers Association
    • United Centers of Spiritual Living
    • Universal Fellowship of Metropolitan Community Churches
    • California Faith for Equality
    • The California Council of Churches
    • Several hundred organizations, religious leaders, and congregations
  • Mangini v. R.J. Reynolds Tobacco Co., 7 Cal. 4th 1057, 31 Cal. Rptr. 2d 358, 875 P.2d 73 (1994): Briefed for California citizens challenging "Joe Camel" tobacco marketing that targeted children.
  • Mirkin v. Wasserman, 5 Cal. 4th 1082, 23 Cal. Rptr. 2d 101, 858 P.2d 568 (1993): Briefed for plaintiff-appellant investors unsuccessfully urging the California Supreme Court to apply fraud-on-the-market principles to California common-law fraud claims.

California Courts of Appeal

  • In re Marriage Cases (City and County of San Francisco v. State of California), 143 Cal. App. 4th 873, 49 Cal. Rptr. 3d 675 (2006): Co-counsel on the briefs for amici curiae supporting the right of same-sex couples to marry, review granted and depublished, 149 P.3d 737; 53 Cal. Rptr. 3d 317 (2006), reversed 43 Cal. 4th 757; 183 P.3d 384; 76 Cal. Rptr. 3d 683 (2008):
    • Affirmation: Gay & Lesbian Mormons
    • Al-Fatiha Foundation
    • Dignity USA
    • The Executive Committee of the American Friends Service Committee
    • The United Church of Christ
    • The Union for Reform Judaism
    • The Unitarian Universalist Association of Congregations
    • The Unitarian Universalist Legislative Ministry California
    • The California Council of Churches
    • Hundreds of religious leaders and organizations