Yaira Dubin

Counsel

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Yaira Dubin focuses her practice on appellate advocacy, critical motions, and complex legal questions. She has played a primary role in drafting multiple merits briefs in the U.S. Supreme Court, and she has argued and prevailed in federal and state appellate courts. Yaira has prepared dozens of appellate briefs on a wide range of subjects, including constitutional law, federal jurisdiction and procedure, statutory interpretation, antitrust, bankruptcy, insurance, and substantive liability issues. She has also served in a variety of capacities in trial-level cases, including arguing motions in limine, drafting dispositive motions, and ensuring that questions of law are properly framed for appeal. Yaira regularly provides strategic advice to clients well before a lawsuit begins.

Yaira is an Adjunct Professor of Law at NYU Law School, where she teaches a Supreme Court Seminar.

Prior to joining O’Melveny, Yaira served as a judicial clerk at all three levels of the federal judiciary. Yaira clerked for Associate Justice Elena Kagan on the US Supreme Court, the Honorable Sri Srinivasan on the US Court of Appeals for the DC Circuit, and the Honorable James E. Boasberg on the US District Court for the District of Columbia.

Honors & Awards

  • Named to Crain’s New York Business “Notable Women in Law” (2020)

Admissions

Bar Admissions

  • New York
  • Maryland

Court Admissions

  • US Court of Appeals, Second, Fourth, Sixth, Seventh, and Eighth Circuit
  • US Supreme Court

Education

  • Harvard University, J.D.: magna cum laude; Harvard Civil Rights-Civil Liberties Law Review, Executive Editor for Student Writing; Ames Moot Court Competition, 2012 Best Overall Team and Best Brief Awards
  • Yeshiva University, B.A., Molecular and Cellular Biology: summa cum laude

Professional Activities

Clerkships

  • Honorable Elena Kagan, Supreme Court of the United States
  • Honorable Sri Srinivasan, US Court of Appeals, District of Columbia Circuit
  • Honorable James E. Boasberg, US District Court, District of Columbia

Co-Author

  • “A Private Right to Sue Over Tender Offers,” Daily Journal (April 22, 2019)

Speaking Engagements

  • Panelist, “Overview of the Supreme Court 2020 Term,” Massachusetts Continuing Legal Education 6th Annual Appellate Practice Conference (December 2020)
  • Argued and prevailed in the US Court of Appeals for the Eighth Circuit in an appeal addressing the application of the Prison Litigation Reform Act's bar on recovery for mental or emotional injury.
  • Argued and prevailed in the New Jersey Appellate Division in an appeal addressing the First Amendment’s application to a non-disparagement clause and a contested settlement.
  • Drafted briefs in numerous appeals in the U.S. Supreme Court, US Courts of Appeals, and state appellate courts.
  • Developed trial strategy and drafted critical motions in disputes involving personal jurisdiction, defamation, contract disputes, computer hacking, unfair business practices, and insurance coverage.