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Appellate Advocacy 2020


Speaker(s): Cate Stetson, Hon. Richard J. Sullivan, John E. Roberts, Lauren R. Goldman, Mark D. Harris, Rachel S. Bloomekatz, Rajeev Muttreja, Richard B. Rosenthal, Stephen Kinnaird
Recorded on: Apr. 28, 2020
PLI Program #: 276175

Lauren Goldman serves as co-head of Mayer Brown's worldwide Litigation & Dispute Resolution practice and is a member of the Firm's Partnership Board. She practices in the Supreme Court & Appellate group in the firm’s New York office. Lauren has briefed and argued numerous appeals addressing issues of importance to the business community in state and federal courts around the country.

Lauren’s practice is not limited to the appellate courts: she has extensive experience litigating complex legal issues at all levels. In the past five years, she has served as lead legal strategy counsel in connection with more than a dozen high-stakes jury trials, including two cases in which the plaintiffs unsuccessfully sought more than $1 billion in damages. Lauren works closely with trial teams to obtain legal rulings that maximize their ability to obtain a defense verdict, as well as handling all aspects of appellate preservation before, during, and after trial. Lauren has a particular focus on mass actions, and has worked with trial teams to develop legal arguments and strategy in several recent and pending class actions in state and federal courts.

According to Legal 500, clients say that Lauren is "super client-focused, extremely responsive, an excellent writer, and a poised and prepared oral advocate." They describe her as “smart, hardworking, and very analytical,” with an “unmatched ability to work well with other lawyers.” Lauren has been interviewed about Supreme Court developments on CNBC’s “Closing Bell” and FoxBusiness’s “Happy Hour,” as well as by the WSJ Law Blog, The American Lawyer, Newsweek, and the National Law Journal, and has been quoted in the Wall Street Journal, Forbes, Fortune, and CNNMoney, among other publications.

Lauren is particularly experienced in briefing and arguing punitive damages issues; she has worked on many successful appeals from large punitive awards, including Philip Morris USA v. Williams, 127 S. Ct. 1057 (2007). Lauren has also handled legal issues at retrials limited to the amount of punitive and/or compensatory damages in Oregon, California, and Florida; in each case, the retrial jury awarded a fraction of the original jury’s verdict. Lauren writes and speaks regularly on the subject of punitive damages law and is a co-author of the chapter on punitive damages in the West treatise Business and Commercial Litigation in Federal Courts.

Lauren also writes and speaks often about appellate practice more generally, and is a co-author of Mayer Brown’s Federal Appellate Practice treatise, published by BNA Books in December 2008 and again in December 2013.

Lauren received her JD magna cum laude from New York University School of Law, where she was Order of the Coif and a member of the Law Review. In addition, she won the law school’s moot court competition. Following graduation, she served as a law clerk to Judge Dennis Jacobs of the United States Court of Appeals for the Second Circuit.


Mark Harris is a partner at Proskauer Rose LLP and co-head of its Appellate Practice Group, which was honored in 2011 by Law360 as one of five Appellate Practices of the Year nationally, and by the National Law Journal with a spot on its annual “Appellate Hot List.”  Most recently, the American Lawyer named Mark its “Litigator of the Week” for his representation of Biosig Instruments before the Federal Circuit and the U.S. Supreme Court.  Mark is also a member of Proskauer’s White-Collar Defense & Investigations and Securities Litigation Groups, concentrating his practice in the areas of white-collar criminal defense and related litigation, and representing both institutional and individual clients in government investigations and prosecutions.

Mark is a former clerk to U.S. Supreme Court Justices John Paul Stevens and Lewis Powell, Jr., and to Judge Joel Flaum of the U.S. Court of Appeals for the Seventh Circuit. Mark served as an Assistant U.S. Attorney for the Southern District of New York, during which he prosecuted a broad spectrum of federal crimes, including health-care fraud, financial fraud, and corporate embezzlement, and tried a number of jury trials and argued before the Second Circuit.

Mark has handled dozens of cases in the U.S. Supreme Court and other appellate courts in areas spanning criminal law, sentencing, copyright, labor relations, employment law, and administrative law.  In 2015, he successfully represented Nextel Communications before the Second Circuit, which vacated the certification of a class of hundreds of former employees who had brought fiduciary and other claims against the company.  In some of his other major cases, he served as co-counsel to the petitioner in Hill v. United States, in which the Supreme Court applied the Fair Sentencing Act of 2010 to benefit defendants retroactively; he helped persuade the Second Circuit to reverse the conviction of a former Gen Re executive; he successfully represented electronic publishers before the Supreme Court in Reed Elsevier Inc. v. Muchnick, named the 2010 “U.S. Copyright Case of the Year” by Managing Intellectual Property Magazine; and he briefed and argued the American Bar Association’s successful challenge to the Federal Trade Commission’s “Red Flags Rule.”

Since 1996, Mark has been a member of the Board of Editors of the Federal Sentencing Reporter and a frequent contributor. His work on behalf of non-U.S. clients was featured in the American Lawyer’s 2006 Litigation supplement. He has lectured on both appellate practice and criminal law before the International Bar Association, the National Association of Criminal Defense Lawyers, PLI, and the ABA Sections of Litigation, Criminal Law, and Employment and Labor Law.  He has appeared on WCBS-TV , NY1, Bloomberg Radio, FM News 101.9, and WINS AM-1010, and has been featured in the National Law Journal, New York Law Journal, Law360, Legal Times, and other publications.

Related Practices

Appellate

White Collar Defense & Investigations

Securities Litigation

Non-Compete & Trade Secrets

Education

Harvard Law School, J.D., 1992
magna cum laude

Supervising Editor, Harvard Law Review

Harvard College, A.B., 1989
magna cum laude
Phi Beta Kappa

Bar Admissions

New York

Illinois

District of Columbia


Richard B. Rosenthal is a solo appellate lawyer who handles appeals across the country, often on behalf of plaintiffs, from his offices in Miami and San Francisco.  He is a former law clerk to the Honorable Levin H. Campbell of the U.S. Court of Appeals for the First Circuit, and to the Honorable Edward B. Davis, Chief Judge of the U.S. District Court for the Southern District of Florida.

Mr. Rosenthal has served as a personal attorney to Barack Obama and as Statewide Lead Counsel to the Obama for America presidential campaign in Florida.  His clients have also included two United States Senators; a sitting Chief U.S. District Judge; a retired Appellate Justice from California; Secretary of Defense Medal of Freedom recipients; a Hall of Fame baseball star; a major political party in Florida; the nation’s largest independent record label; a police labor union; various nonprofit organizations, trade, and professional associations; and individuals of every background and station.

Mr. Rosenthal has achieved the rare distinction of having been named simultaneously to “Super Lawyer” and “Best Lawyer” lists in two states: Florida and California.  He is a frequent speaker at continuing legal education events, has served as an adjunct professor of law, and has delivered guest lectures at various law schools including Yale, Columbia, Stanford, Michigan, as well as international lectures on the topic of American Democracy and American Values at law schools in Siberia, Kyrgyzstan, and Ukraine.  He can be reached at rbr@rosenthalappeals.com


Richard J. Sullivan was sworn in as a United States Circuit Court Judge for the Second Circuit in October 2018.  Before that, Judge Sullivan served for eleven years as a United States District Judge for the Southern District of New York.  Prior to becoming a judge, he was General Counsel and Managing Director of Marsh Inc., the world's leading risk management and insurance brokerage firm.  From 1994 to 2005, he served as an Assistant United States Attorney in the Southern District of New York, where he was Chief of the International Narcotics Trafficking Unit and Director of the New York/New Jersey Organized Crime Drug Enforcement Task Force.  In 2003, he was awarded the Henry L. Stimson Medal from the Association of the Bar of the City of New York.  In 1998, he was named the Federal Law Enforcement Association=s Prosecutor of the Year.  Prior to joining the U.S. Attorney=s Office, he was a litigation associate at Wachtell, Lipton, Rosen & Katz in New York and a law clerk to the Honorable David M. Ebel of the United States Court of Appeals for the 10th Circuit.  He is a graduate of Yale Law School, the College of William & Mary, and Chaminade High School on Long Island.  From 1986 to 1987, he served as a New York City Urban Fellow under New York City Police Commissioner Benjamin Ward.  Judge Sullivan is on the executive board of the New York American Inn of Court and the Center for Law and Religion at St. John’s University School of Law.  He is an adjunct professor at Columbia Law School, where he teaches courses on sentencing and jurisprudence, and he previously served as an adjunct professor at Fordham Law School, where he taught courses on white collar crime and trial advocacy and was named Adjunct Professor of the Year. 


As a partner in Jones Day’s Issues & Appeals group, Rajeev Muttreja focuses on appellate litigation, motions practice, and trial strategy in federal and state courts. He has argued before the U.S. Courts of Appeals for the Second, Third, Sixth, Seventh, and Ninth Circuits and has drafted briefs in the U.S. Supreme Court, many other appellate courts, and trial courts across the country. Rajeev has extensive experience defending False Claims Act cases, particularly within the health care industry. He also has significant experience with issues of federal jurisdiction, RICO, class actions, corporate governance, securities law, administrative law, the Fair Credit Reporting Act, and many other areas of law.

In his work involving the False Claims Act, Rajeev has played a significant role in such cases alleging Anti-Kickback Statute violations, off-label pharmaceutical marketing, Medicare and Medicaid overbilling, and other purported statutory or regulatory violations. Recently, Rajeev drafted motions to dismiss that won three such cases, in federal courts in New York, Virginia, and Georgia.

Rajeev helped draft the successful petition for certiorari and winning merits briefs in Goodyear Dunlop Tires Operations v. Brown, 131 S. Ct. 2846 (2011), which clarified the law of personal jurisdiction. He also argued and won Evans v. Zych, 644 F.3d 447 (6th Cir. 2011), a habeas corpus case presenting a question of first impression on which other circuits had split.

Rajeev maintains an active pro bono practice. He has worked extensively with the National Immigrant Justice Center and is a member of the U.S. Court of Appeals for the Second Circuit’s pro bono panel.

Rajeev holds a J.D. magna cum laude from the New York University School of Law and a B.S. in Molecular, Cellular, and Developmental Biology from Yale University.  He clerked for the Hon. John M. Walker, Jr., on the U.S. Court of Appeals for the Second Circuit.


Cate Stetson is an elected member of the Hogan Lovells Global Board and the co-Director of its nationally acclaimed Appellate practice group. One of only four women in Chambers bands 1 and 2, Cate has been described to the press as “tough and smart,” a "superb" advocate and "one of the finest lawyers who appears" in the U.S. Court of Appeals for the D.C. Circuit, and commended for her "brilliance of mind and ability to grasp complicated technical matters."

Cate has argued multiple times in the U.S. Supreme Court, in all but one of the federal courts of appeals, in state appellate courts ranging from New York to California, and in federal district courts from Alaska to Washington, D.C.  She has argued over ninety appeals and briefed hundreds more. Her experience spans appeals presenting questions of administrative law and procedure, antitrust law, the False Claims Act, class certification, civil procedure, and constitutional, contract, copyright, employment, energy, environmental, food and drug, healthcare, insurance, patent, telecommunications, and tort law.

Before joining Hogan Lovells, Cate served as a judicial clerk to The Honorable Stanley S. Harris of the U.S. District Court for the District of Columbia and The Honorable David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit.


Rachel Bloomekatz is a solo practitioner, focusing on Supreme Court, appellate, and complex litigation. Her practice draws on her extensive appellate experience in both the public and private sectors, as well as insights gained from her clerkships with Justice Stephen Breyer on the U.S. Supreme Court, Chief Justice Margaret Marshall on the Massachusetts Supreme Judicial Court, and Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit.

Rachel has argued constitutional issues and complex appeals in state and federal appellate courts nationwide and regularly practices before the U.S. Supreme Court. She has handled cases on a wide range of issues, including class actions, workers’ rights, immigrants’ rights, juvenile justice, public health, and voter protection.

Some of Rachel’s current and recent matters include:

  • Representing a group of parents in Butler County, Ohio, who are challenging their school district’s decision to arm teachers at school with inadequate training. Co-counsel with Everytown Law.
  • Successfully suing Ohio’s Secretary of State and won a ruling recognizing the right of 17-year-olds to vote in Ohio primaries if they will be 18 years old by the general election.
  • Co-authoring briefing in the U.S. Supreme Court in Hernández v. Mesa, a case arising out of a close-range, cross-border shooting of an unarmed Mexican teenager by a U.S. border patrol agent standing on U.S. soil. A unanimous Supreme Court reversed the en banc Fifth Circuit’s 15-0 holding that the border guard was entitled to qualified immunity.
  • Arguing and winning a Fourth Circuit appeal defending a major jury verdict and punitive damages award under the Fair Credit Reporting Act.
  • Arguing and winning an appeal of Ohio ratemaking decisions worth hundreds of millions of dollars on behalf of local and national environmental groups in the Ohio Supreme Court.
  • Arguing and winning an appeal in the Sixth Circuit on behalf of victims of predatory lending who had brought a class action against large banking institution.
  • Representing numerous national public-health groups–including the American Medical Association, the American Heart Association, the American Cancer Society Cancer Action Network, and Campaign for Tobacco Free Kids–in courts throughout the country on issues including tobacco control, sugar-sweetened beverages, federal regulatory policy, preemption, and the First Amendment.
  • Successfully briefing and arguing an Ohio Supreme Court appeal challenging the 112-year sentence of a juvenile defendant on Eighth Amendment grounds.

Before starting her own practice, Rachel was a principal at Gupta Wessler PLLC. Before that, she was an associate at Jones Day in the renowned Issues and Appeals practice group. Previously, as an Assistant Attorney General in Massachusetts, she defended the Commonwealth’s gun laws, child protection statutes, and other state laws and regulations in appellate courts. 

 

Though Rachel practices in federal and state courts throughout the country, she lives in Columbus, Ohio. She teaches Federal Courts at The Ohio State University Moritz College of Law.


Stephen Kinnaird is a partner at Paul Hastings LLP and co-chair of its Appellate Practice. He has represented clients in numerous cases in the United States Supreme Court, the federal courts of appeals and district courts, and state appellate courts. Mr. Kinnaird has handled matters involving intellectual and real property, antitrust, environmental, transportation, administrative, criminal, tort, and constitutional law, among others.

Mr. Kinnaird has briefed and argued multiple cases in the U.S. Supreme Court.  He argued Padilla v. Kentucky, in which the Court ruled in favor of firm client Jose Padilla in holding that the Sixth Amendment imposed duties upon defense counsel to advise criminal defendants of the deportation consequences of criminal convictions. Mr. Kinnaird was featured on the cover of the July/August 2010 issue of The American Lawyer in a story discussing Padilla as the capstone of the firm's pro bono initiatives.  Lawyers USA named Mr. Kinnaird one of its nine Lawyers of the Year in 2010.  In 2013, Mr. Kinnaird successfully argued Peugh v. United States, in which the Supreme Court held by 5-4 decision that the Ex Post Facto Clause bars retroactive application of amendments to the advisory U.S. Sentencing Guidelines that raise recommended sentencing ranges.  In 2016, the Supreme Court appointed Mr. Kinnaird as amicus curiae to defend the ruling of the U.S. Court of Appeals for the Ninth Circuit in McLane Co. v. EEOC.  Other notable matters include engagements for:

  • an electronics manufacturer in the U.S. Supreme Court in a case involving removal of mass actions under the Class Action Fairness Act;
  • a major league baseball team in the U.S. Supreme Court in a case involving taxation of back pay;
  • a telecommunications company in the U.S. Supreme Court and the courts of appeals in cases establishing rules of competitive access to network facilities under the Telecommunications Act of 1996 and addressing takings and sovereign immunity defenses;
  • a railroad company in the U.S. Supreme Court in a case addressing the legal standard for causation by contributory negligence;
  • an energy company in the U.S. Supreme Court in a case concerning rights to coalbed methane in property derived from federal land grants;

Prior to entering private practice, Mr. Kinnaird served as a law clerk to Justice Anthony M. Kennedy of the United States Supreme Court, and to Judge John M. Walker, Jr. of the United States Court of Appeals for the Second Circuit. Mr. Kinnaird received a B.A. in English Language and Literature from Yale University, summa cum laude.  He received an M.A. in Philosophy, Politics, and Economics from Oxford University, which he attended on a Rhodes Scholarship. He received a J.D. from Yale Law School, where he served as Articles Editor on the Yale Law Journal and was awarded three faculty prizes for scholarship.