is a partner in O’Melveny’s Washington, DC office, and Chair of the Supreme Court and Appellate Practice. He is also the hiring partner for the DC office.
Jon has authored briefs in dozens of US Supreme Court cases at both the merits and certiorari stages, and has briefed cases in federal and state appellate courts throughout the country. He has argued in the US Supreme Court and nearly every federal circuit, as well as the New Jersey Appellate Division and the D.C. Court of Appeals. Jon’s appellate work has resulted in reversals of trial-court judgments (including jury verdicts) worth tens of millions and even billions of dollars. He has also briefed and argued many trial-level matters in federal and state courts, has conducted discovery and depositions in complex litigation matters, and has handled several trials. Jon’s areas of expertise include federal constitutional law, insurance, ERISA, antitrust, criminal law and procedure, and federal jurisdiction and procedure.
The Wall Street Journal
described Jon in January 2011 as a “rising appellate star.” He was named “Appellate Lawyer of the Week” by the National Law Journal
in 2011, and was named to the Washington, D.C. Super Lawyers
list in 2011-2014. He has repeatedly been selected as a leading US appellate lawyer by Chambers
, Legal 500,
and The Best Lawyers in America©
Jon is also Co-Chair of the Supreme Court Amicus Committee of the National Association of Criminal Defense Lawyers.
Representative Supreme Court Matters
Kurns v. Railroad Friction Products Corp.,
132 S.Ct. 1261 (2012) - Argued and won federal preemption case under Locomotive Inspection Act
Matrixx Initiatives, Inc. v. Siracusano,
130 S. Ct. 3411 (2010) — Argued securities case involving disclosure of "adverse event reports" by pharmaceutical companies
Snyder v. Phelps,
S. Ct. 1207 (2011) — Co-author of amicus brief for Senators Harry Reid, Mitch McConnell and other members of US Senate in military funeral case
Skilling v. United States
, 130 S. Ct. 2896 (2010) — Co-author of petition for certiorari and merits briefs in appeal of criminal conviction of former Enron CEO Jeffrey Skilling
Alabama v. North Carolina
, 130 S. Ct. 2295 (2010) — Author of merits briefs for State of North Carolina in original jurisdiction action involving interstate dispute over radioactive waste storage
Exxon Shipping Co. v. Baker
, 128 S. Ct. 2605 (2008) — Co-author of successful petition for certiorari and merits briefs in multi-billion dollar maritime punitive damages case arising from Valdez oil spill Cuellar v. United States
, 128 S. Ct. 1994 (2008) — Author of merits briefs in criminal case challenging broad application of federal money laundering statute Greenlaw v. United States
, 128 S. Ct. 2559 (2008) — Author of amicus brief for National Association of Criminal Defense Lawyers (NACDL) in criminal sentencing case Philip Morris USA v. Williams II
, 127 S. Ct. 1057 (2007) — Co-author of amicus brief for US Chamber of Commerce urging second review of punitive damages case Metropolitan Life Insurance Co. v. Glenn
, 128 S. Ct. 2343 (2007) — Co-author of amicus brief for industry and business organizations in ERISA fiduciary case Scott v. Harris
, 127 S. Ct. 1769 (2007) — Author of amicus brief for NACDL in case involving Fourth Amendment and use of deadly force Watters v. Wachovia Bank, N.A.
, 127 S. Ct. 1559 (2007) — Author of amicus brief for administrative law professors in case involving preemption of state law by federal agency regulations Philip Morris USA v. Williams
, 127 S. Ct. 1057 (2007) — Author of amicus brief for US Chamber of Commerce in case challenging constitutionality of punitive damages award Gonzales v. Carhart
, 127 S. Ct. 1610 (2007) — Co-author of amicus brief for Cato Institute in case challenging federal partial-birth abortion statute Carey v. Musladin
, 127 S. Ct. 649 (2006) — Author of amicus brief for NACDL in criminal trial procedure case LULAC v. Perry
, 126 S. Ct. 2954 (2006) — Co-author of amicus brief for Center for American Progress in case challenging Texas congressional districting scheme Brigham City v. Stuart
, 126 S. Ct. 1943 (2006) — Co-author of amicus brief for NACDL in Fourth Amendment warrant case Intel Corp. v. Advanced Micro Devices, Inc.
, 542 US 241 (2004) — Author of merits brief in case involving international discovery statute Aetna Corp. v. Davila
, 542 US 200 (2004) — Author of successful petition for certiorari and merits briefs in case involving federal preemption under ERISA statute Dastar v. Twentieth Century Fox Film Corp.
, 540 US 806 (2003) — Co-author of merits brief in case involving “reverse passing off” under Lanham Act Lawrence v. Texas
, 539 US 558 (2003) — Co-author of amicus brief for national and state gay rights and civil rights organizations in constitutional challenge to sodomy laws Grutter v. Bollinger
, 539 US 306 (2003) — Co-author of amicus brief for Law School Admissions Council in case involving affirmative action in law school admissions Black & Decker Disability Plan v. Nord
, 538 US 822 (2003) — Author of amicus brief for American Benefits Council in ERISA case Kentucky Ass’n of Health Plans v. Miller
, 538 US 329 (2003) — Author of successful petition for certiorari and merits briefs in case involving ERISA insurance savings clause Archer v. Warner
, 538 US 314 (2003) — Author of amicus brief for AARP in bankruptcy case Moseley v. V Secret Catalogue, Inc.
, 537 US 418 (2003) — Co-author of merits brief in case involving Federal Trademark Dilution Act FCC v. Nextwave Personal Communications Inc.
, 537 US 293 (2003) — Author of brief for Members of Congress in case involving federal bankruptcy and telecommunications statutes Utah v. Evans
, 536 US 452 (2002) — Author of merits brief in case challenging US Census statistical methodology Easley v. Cromartie
, 532 US 234 (2001) — Author of merits briefs in case challenging congressional redistricting plan US v. Mead Corp.
, 533 US 218 (2001) — Author of amicus brief for US Chamber of Commerce and others in case involving standard of deference to administrative agencies Circuit City Stores, Inc. v. Adams
, 532 US 105 (2001) — Co-author of merits briefs in case involving arbitration of federal employment claims
Representative Appellate Matters
Renfro v. Unisys Corp. (3d Cir.) — Briefed and argued appeal involving 401(k) plan fees
Hewlett-Packard Co. v. ACE Property & Cas. Ins. Co., 2010 WL 1896464 (9th Cir. May 12, 2010) — Briefed and argued insurance coverage appeal; won complete reversal of US$51 million judgment
ACE American Ins. Co. v. RC2 Corp., 600 F.3d 763
(7th Cir. 2010) — Briefed and argued insurance coverage appeal; won complete reversal of multi-million dollar coverage judgment
AIG Retirement Services, Inc. v. Altus Finance S.A., 2010 WL 510620 (9th Cir. Feb. 9, 2009) — Briefed appeal in major commercial contract and fraud dispute; won reinstatement of claims seeking US$800 million in damages
Quiksilver, Inc. v. Kymsta Corp., 360 Fed. Appx. 886
(9th Cir. 2009) — Briefed and argued appeal in trademark infringement action; won affirmance of judgment protecting client’s trademark
Hecker v. Deere & Co., 569 F.3d 708 (7th Cir. 2009) — Authored successful briefs in major ERISA class action; won precedent-setting affirmance of judgment dismissing challenge to 401(k) plan fees
Miller v. Bank of America, 207 P.3d 531 (Cal. 2009) — Authored briefs in successful challenge to trial court ruling prohibiting industrywide banking practice of balancing overdrafts and fees against Social Security deposits; won complete reversal of class-action judgment worth more than US$1 billion
BASF, Inc. v. Great American Assurance Co., 522 F.3d 813 (7th Cir. 2008) — Briefed and argued appeal insurance coverage appeal; won complete reversal of US$140 million insurance coverage determination
Sinclair v. Merck & Co., 948 A.2d 587 (N.J. 2008) — Authored successful merits briefs reversing appellate judgment allowing medical monitoring claims by plaintiffs who allege no present injury
Local 68, Int’l Union of Operating Engineers v. Merck & Co., 929 A.2d 1076 (N.J. 2007) — Author of successful merits brief in precedent-setting case rejecting certification of nationwide class asserting fraud claims
Boston Scientific Co. v. Bionics, Inc., 246 Fed. Appx. 55 (2d Cir. 2007) — Briefed successful appeal involving interpretation of corporate merger agreement
Henry v. Champlain Enters., Inc., 445 F.3d. 610 (2d Cir. 2006) — Authored briefs in ERISA appeal involving ESOP trustee duties; won reversal of lengthy factfinding and US$15 million judgment against client
Mike’s Train House v. Lionel LLC, 472 F.3d 398 (6th Cir. 2006) —Briefed and argued appeal involving trade secret law, expert testimony rules, and damages principles; won reversal of US$40 million judgment against client
Medical Savings Ins. Co. v. HCA, Inc., 186 Fed. Appx. 919 (11th Cir. 2006) — Argued appeal involving antitrust standing issues; won affirmance of order dismissing claims
Twentieth Century Fox Film Corp. v. Entertainment Distrib., 429 F.3d 869 (9th Cir. 2005) — Briefed and argued appeal involving validity of copyright to General Eisenhower’s memoir Crusade in Europe; won affirmance of judgment securing client’s copyright
US v. Applera Corp., 155 Fed. Appx. 291 (9th Cir. 2005) — Briefed and argued appeal involving qui tam provisions of False Claims Act; won affirmance of judgment dismissing claims.
Admitted to Practice,
US Supreme Court; US Courts of Appeal, Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh and Federal Circuits; US District Court, District of ColumbiaLaw Clerk,
Honorable Bruce M. Selya, US Court of Appeals, First CircuitLecturer,
Harvard Law School (Co-Director of Harvard Law School Supreme Court and Appellate Advocacy Clinic) Member,
Barrister, Edward Coke Appellate Inn of Court