Jonathan Hacker

Partner

Jon Hacker is a partner in O’Melveny’s Washington, DC office, where he works on appellate and complex litigation matters.

Jon has authored briefs in dozens of U.S. Supreme Court cases at both the merits and certiorari stages, and has filed briefs in federal and state appellate courts throughout the country. He is a Lecturer at the Harvard Law School, and is a founder and Co-Director of the Harvard Law School Supreme Court and Appellate Advocacy Clinic. Jon has argued appeals in the Fourth, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits, the New Jersey Appellate Division, and the D.C. Court of Appeals. In addition to his appellate experience, Jon has filed briefs in 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, punitive damages, ERISA, antitrust, copyright, and federal jurisdiction and procedure, including class actions.

Jon has been named by Legal 500 and The Best Lawyers in America as a leading practitioner in the appellate area.

Representative Supreme Court Matters

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) — Co-author of successful 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 (NACDC) in criminal sentencing case

Philip Morris USA v. Williams II, 127 S.Ct. 1057 (2007) — Co-author of amicus brief for U.S. 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 fidicuary case

Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007) — Author of amicus brief for Visa and MasterCard in case involving pleading standard in antitrust actions

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 U.S. 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 U.S. 241 (2004) — Author of merits brief in case involving international discovery statute

Aetna Corp. v. Davila, 542 U.S. 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 U.S. 806 (2003) — Co-author of merits brief in case involving “reverse passing off” under Lanham Act

Lawrence v. Texas, 539 U.S. 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 U.S. 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 U.S. 822 (2003) — Author of amicus brief for American Benefits Council in ERISA case

Kentucky Ass’n of Health Plans v. Miller, 538 U.S. 329 (2003) — Author of successful petition for certiorari and merits briefs in case involving ERISA insurance savings clause

Archer v. Warner, 538 U.S. 314 (2003) — Author of amicus brief for AARP in bankruptcy case

Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003) — Co-author of merits brief in case involving Federal Trademark Dilution Act

FCC v. Nextwave Personal Communications Inc., 537 U.S. 293 (2003) — Author of brief for Members of Congress in case involving federal bankruptcy and telecommunications statutes

Utah v. Evans, 536 U.S. 452 (2002) — Author of merits brief in case challenging U.S. Census statistical methodology

Easley v. Cromartie, 532 U.S. 234 (2001) — Author of merits briefs in case challenging congressional redistricting plan

U.S. v. Mead Corp., 533 U.S. 218 (2001) — Author of amicus brief for U.S. Chamber of Commerce and others in case involving standard of deference to administrative agencies

Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001) — Co-author of merits briefs in case involving arbitration of federal employment claims

Representative Appellate Matters

Miller v. Bank of America, 207 P.3d 531 (Cal. 2009) — Briefed successful California Supreme Court appeal of trial court ruling exposing national banks to billions of dollars in potential liability by prohibiting the industrywide practice of balancing overdrafts and fees against Social Security deposits

United States v. Skilling, 554 F.3d 529 (5th Cir. 2009) — Co-author of merits brief arguing for reversal of former Enron Corp. CEO Jeff Skilling’s criminal conviction

BASF, Inc. v. Great American Assurance Co., 522 F.3d 813 (7th Cir. 2008) — Briefed and argued appeal involving $140 million insurance coverage determination

Sinclair v. Merck & Co., 948 A.2d 587 (N.J. 2008) — Author of merits brief in appeal involving 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 merits brief in appeal involving nationwide certification of fraud claims

Weber v. Mobil Oil Corp., 506 F.3d 1311 (10th Cir. 2007) — Briefed and argued appeal involving application of Class Action Fairness Act’s removal provisions to pending cases

Boston Scientific Co. v. Bionics, Inc., 246 Fed. Appx. 55 (2d Cir. 2007) — Briefed appeal involving interpretation of corporate merger agreement

Henry v. Champlain Enters., Inc., 445 F.3d. 610 (2d Cir. 2006) — Briefed appeal involving ESOP trustee duties under ERISA

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

Medical Savings Ins. Co. v. HCA, Inc., 186 Fed. Appx. 919 (11th Cir. 2006) — Argued appeal involving antitrust standing issues

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

U.S. v. Applera Corp., 155 Fed. Appx. 291 (9th Cir. 2005) — Briefed and argued appeal involving qui tam provisions of False Claims Act

Professional Activities

Law Clerk, Honorable Bruce M. Selya, U.S. Court of Appeals, First Circuit
Lecturer, Harvard Law School (Co-Director of Harvard Law School Supreme Court and Appellate Advocacy Clinic) 
Admitted to Practice, U.S. Supreme Court; U.S. Courts of Appeals, Second, Fourth, Sixth, Seventh, Ninth, Tenth, Eleventh, and Federal Circuits; U.S. District Court, District of Columbia
Member, Barrister, Edward Coke Appellate Inn of Court; Board of Directors, Washington Lawyers' Committee for Civil Rights and Urban Affairs