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Anton Metlitsky is a counsel in O'Melveny’s New York office and a member of the Appellate Practice. He works on appellate and complex litigation matters. Anton has drafted numerous briefs in the U.S. Supreme Court, state and federal courts of appeals, and trial courts. He has also presented oral argument in the U.S. Courts of Appeals for the Second, Fourth, Sixth, and District of Columbia Circuits, and the U.S. District Court for the Southern District of New York. His practice spans both civil and criminal matters, and includes a wide range of subject matters, including federal constitutional law, federal criminal law, federal jurisdiction and procedure, securities law, bankruptcy law, administrative law, international and foreign affairs law, antitrust, trademark, and federal preemption. Anton has also participated in panels concerning Supreme Court litigation, the Alien Tort Statute, and effective legal writing.
Illustrative Professional Experience
U.S. Supreme Court
- Chadbourne & Parke LLP v. Troice — Co-authored petition for certiorari and merits briefs in a high-profile securities fraud class action arising from the multi-billion dollar Ponzi scheme perpetrated by Allen Stanford.
- Kurns v. Railroad Friction Products Corp. — Co-authored the successful certiorari-stage and merits briefs in federal preemption case with potentially significant consequences for preemption of asbestos-related tort claims, as well as tort claims in other contexts.
- CompuCredit v. Greenwood — Co-authored the successful certiorari-stage and merits briefs in federal arbitration case concerning the enforceability of agreements to arbitrate federal statutory cause of actions.
- Hosanna-Tabor v. EEOC — Co-authored merits brief in a highly significant First Amendment case concerning the scope of the “ministerial exception” to the federal anti-discrimination laws.
- City of Arlington v. FCC — Co-authored the merits brief for intervenor-respondent Cellco Partnership d/b/a Verizon Wireless, arguing that federal agencies should not get Chevron deference concerning the scope of their own jurisdiction.
- Hollingsworth v. Perry — Co-authored amicus brief, cited by the Court, setting forth the theory of Article III standing that the Court ultimately adopted in rejecting the right of the proponents of California’s Proposition 8 to appeal the invalidation of that provision in federal court.
- Kiobel v. Royal Dutch Petroleum — Co-authored two amicus briefs arguing that the Alien Tort Statute does not recognize claims against corporations, and that the Statute also does not recognize claims for conduct occurring within the territory of a foreign sovereign.
- Nat’l Federation of Independent Business v. Sebelius — Co-authored amicus brief on behalf of the Chamber of Commerce of the United States, arguing that if the “individual mandate” in the Patient Protection and Affordable Care Act is invalidated as unconstitutional, then the Act should be invalidated in its entirety, because the mandate is non-severable from the remainder of the Act.
- Fisher v. University of Texas — Co-authored amicus brief on behalf of national Latino organizations, supporting the University of Texas’s limited consideration of race in its admissions process.
Courts of Appeals
- United States v. Grimm — Co-authored post-trial motions and appellate briefs in successful statute-of-limitations challenge to criminal conspiracy convictions in the Second Circuit.
- Verizon v. FCC — Co-authored merits brief in successful challenge to the FCC’s recent “net neutrality” order in the D.C. Circuit.
- Sarei v. Rio Tinto — Co-authored appellate briefs and petition for certiorari resulting in the complete dismissal of decade-old Alien Tort Statute litigation.
- Wurtz v. The Rawlings Company, LLC — Argued Second Circuit appeal and co-authored merits briefs in ERISA preemption challenge to New York’s recent anti-subrogation law.
- Stuart v. Huff — Argued the appeal and authored the merits brief in case before the Fourth Circuit concerning the rights of interested parties to intervene on the side of a state Attorney General in case challenging the constitutionality of a state statute.
- In re Prudential Retirement Insurance And Annuity Company — Co-authored the successful petition for a writ of mandamus in appeal to Seventh Circuit requesting extraordinary mandamus relief to reverse a district court order requiring disclosure of sensitive documents over which Prudential had asserted a claim of privilege.
- In re Air Cargo Shipping Services Antitrust Litigation — Co-authored successful briefs in long-running antitrust litigation in which Second Circuit affirmed the dismissal of all state law claims on the grounds those claims are preempted by federal antitrust law.
- Advanced Rehabilitation, LLC v. UnitedHealhGroup, Inc. — Co-authored briefs before the Third Circuit in successful defense of dismissal of a purported class action alleging violations of ERISA and state law by refusing to reimburse plaintiffs for performing certain medical procedures.
- Lofton v. McNeil Consumer Healthcare — Co-authored briefs before the Fifth Circuit that persuaded court to uphold a broad theory of federal preemption that will make it very difficult for plaintiffs in Texas to bring products liability failure-to-warn claims for injuries allegedly caused by FDA-approved drugs.
- Staples the Office Superstore East, Inc. v. Flushing Town Center III, L.P. — Co-authored successful brief before the New York Supreme Court, Appellate Division in a major contract dispute.
- In re DPH Holdings Corp. — Co-authored successful briefs before the Second Circuit in appeal arising out of the Delphi Corporation’s 2005 bankruptcy.
- People of the State of New York v. Greenberg — Co-authored amicus brief in the New York Court of Appeals in an important case concerning the scope of New York’s Martin Act, and whether the Attorney General’s action to collect private damages under that Act is preempted by federal law.
Honorable John G. Roberts, Jr., US Supreme Court; Honorable Merrick Garland, US Court of Appeals, District of Columbia Circuit Admitted to Practice,
US Supreme Court; US Court of Appeals, Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, Eleventh, and District of Columbia Circuits; US District Court for the Southern District of New York; US District Court for the Eastern District of MichiganAuthor,
“The Alien Tort Statute, Federal Common Law, and Corporate Human Rights Litigation,” Georgetown Journal of International Law
(November 2012); “Indirect Purchaser Standing In Federal Court: Take 2” (co-authors Ken O'Rourke and Mark Davies), Law360 (October 12, 2009); Note, “How Clear is Clear in Chevron’s Step One?” 118 Harv. L. Rev. 1687 (2005)Co-Presenter, “
Preserving Your Privilege: The Common-Interest Doctrine and Other Rules–and Potential Pitfalls–of the Attorney-Client Privilege in Transactional Settings” (O'Melveny's New York CLE Marathon, October 2015) Honors,
Named a "Rising Star" in Appellate by Law360
Harvard University, J.D., 2005: magna cum laude
University of Pennsylvania, B.A., B.S., 1999: summa cum laude
District of Columbia; New York
The Alien Tort Statute, Separation of Powers, and the Limits of Federal-Common-Law Causes of Action (Columbia Journal of Transnational Law, December 2013)
The Alien Tort Statute, Federal Common Law, and Corporate Human Rights Litigation (Georgetown Journal of International Law, November 2012)
Indirect Purchaser Standing In Federal Court: Take 2 (co-authors Ken O'Rourke and Mark Davies) (Law360, October 12, 2009)
"Dukes v. Wal-Mart Stores, Inc." (Class Actions, Mass Torts and Insurance Litigation Client Alert, April 28, 2010)