Bloomberg BNA Profiles Orrick's Supreme Court and Appellate Practice

October.05.2015

Bloomberg BNA profiled Orrick’s Supreme Court and Appellate practice, highlighting the team’s rapid growth and expansion throughout the industry. Josh Rosenkranz joined the firm in October 2008 as the sole partner in this group which today boasts five full-time partners and 17 counsel and associates, including the recent arrival of Tom Bondy, former Deputy General Counsel of the Federal Bureau of Investigation.

When he joined the firm, Rosenkranz offered a set of metrics to firm leadership by which he felt the success of the practice should be measured. Armed with the understanding that most appellate practices tend to be highly-prestigious marketing draws but often result in net revenue losses for firms, Orrick’s management was prepared to see the same scenario play out. Fortunately for the firm, “’It has been surprised by the degree to which the revenue has grown,’ said Rosenkranz, claiming that the practice group has never been a net revenue loser in a single year.”

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E. Joshua Rosenkranz Partner, Supreme Court & Appellate, Intellectual Property

New York

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D:+1 212 506 5380
E: [email protected]

Practice:

Finance Sector
Supreme Court & Appellate
Intellectual Property
Complex Litigation & Dispute Resolution
White Collar, Investigations, Securities Litigation & Compliance
Antitrust & Competition
International Arbitration & Dispute Resolution

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E. Joshua Rosenkranz Partner

New York

Josh has been named American Lawyer's “Litigator of the Year” twice in addition to being a finalist for 2022. In 2012, the magazine dubbed him “the Defibrillator” based on his streak of appellate wins for companies that “appeared to be at death’s door,” and in 2017 it declared, he “still deserves the moniker we once gave him.”

In 2014, The Financial Times named Josh one of the 10 most innovative lawyers in the North American legal sector for his work “demystify[ing] the technical issues” and securing a victory in the blockbuster Federal Circuit appeal, Oracle v. Google. Chambers USA has reported, “He wins accolades for his ‘brilliant analysis and judgment.’ Clients appreciate how he ‘rethinks every case from the ground up,’ and add: ‘He can take the most complicated legal or technological issue and present it in a way that seems like common sense.’” Another edition of Chambers USA added: “‘His briefs are quite simply beautiful,’” and “clients describe his courtroom presence as ‘both commanding and accessible at the same time.’ He has the ‘perfect combination of persuasiveness, intelligence, wit, and deference.’”

Josh's practice covers a wide range of subjects, including intellectual property, financial services, securities, privacy, antitrust, federal preemption, insurance law, corporate governance, criminal law, and constitutional litigation. Among his recent clients are Cisco, Credit Suisse, Cox Communications, DISH Network, Genentech, Gilead, Johnson & Johnson, JPMorgan Chase, Microsoft, Mozilla, Oracle, Sonos, and Royal Bank of Scotland.

Clients turn to Josh to win the highest stakes appeals, including appeals in cases that threaten the very survival of a business. For example:

He represented Microsoft in an international cause célèbre in the U.S. Supreme Court challenging the U.S. Government’s claim that it can serve warrants for emails stored overseas.
He represented DISH Network in one of the most high-profile patent appeals in the country, successfully overturning an injunction that threatened the company's life.
He has been lead counsel in multiple cases either defending or challenging verdicts over $1 billion.
He represented Facebook in the high-profile battle waged by the founder's Harvard classmates, the Winklevoss twins, who laid claim to the idea for Facebook, winning a ruling from the Ninth Circuit to end the lawsuit.
He won a landmark victory in a Supreme Court case that rescued the estimated $60 billion U.S. market of copyrighted goods manufactured abroad.
He represented 36 law schools in a high-profile Supreme Court case against the Department of Defense.

Josh was the founding president and CEO of the Brennan Center for Justice at New York University School of Law, one of the country’s foremost public interest firms. Over the course of eight years, he was the Brennan Center’s chief strategist on litigation and public policy advocacy. Before that, Josh founded the Office of the Appellate Defender, a public defender office specializing in criminal appeals.

Mark Davies Partner, Supreme Court & Appellate, Intellectual Property

Washington, D.C.

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D:+1 202 339 8631
E: [email protected]

Practice:

Supreme Court & Appellate
Intellectual Property

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Mark Davies Partner

Washington, D.C.

Mark is a highly successful appellate lawyer who has argued and briefed many cases, both in private practice and government. Mark has argued 50 appellate cases, including multiple arguments for one of the world’s leading high-technology companies. He has handled many appeals for Asian and European companies in U.S. courts, including challenges to International Trade Commission actions. He has represented, often repeatedly, companies such as Bosch, Cisco, EMC, Emerson, Ericsson, Fujitsu, Harmon, Honda, Intel, MediaTek, Microsoft, Nintendo, Nvidia, Oracle, Solar City, Sonos, Tesla, TSMC, VeriFone, Vizio, and others. And, he regularly helps defeat non-practicing entities such as Intellectual Ventures, IP Bridge, and Uniloc Corporation.

Legal 500 reports, “prominent in the high-tech field, Mark Davies…is praised for his ‘unparalleled Federal Circuit experience.’” An interviewee noted that he “‘is an outstanding leader of their appellate teams, as well as a skilled and subtle advocate. He really knows the Federal Circuit. Mark also has the crucial ability to see both the big-picture forest and the technically-detailed trees at the same time, and to weave them all together into a compelling story on appeal.’”

Mark is ranked in Chambers USA for Nationwide Appellate Law and Nationwide Intellectual Property: Appellate. Chambers USA 2023 quotes an interviewee that said: "He knows the Court's history, what the best arguments would be, how to present them and how to frame the issues to maximize the chances of the Supreme Court accepting cert." Another interviewee said: "He is very responsive and thoughtful. He has a great presence, a strong command of the cases he's arguing and good rapport with judges."

Mark’s practice focuses on cutting-edge legal issues of particular importance to high-technology clients, including novel issues such as patent damages, standard setting, and artificial intelligence.

He is the author of the “user manual” for Federal Circuit appeals, Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit (November 2017). His cases have involved virtually every area of patent law, as well as copyright, trade secret, and trademark law.

Mark is also the author of a legal treatise Artificial Intelligence: Law & Litigation (LexisNexis/Matthew Bender June 2023).

Mark appears frequently in federal district courts, serving as legal strategist in complex intellectual property cases. In high-stakes trials, he often leads ‘appellate eyes’ teams to set the stage for the inevitable appellate proceedings.

He also plays an active role in the development of U.S. technology policy and has represented clients at the Department of Justice, the Commerce Department, the Federal Trade Commission, the Patent and Trademark Office, and other government agencies. His amicus briefs on behalf of various technology clients are often cited in judicial opinions.

Mark also has a strong pro bono appellate practice, representing clients in the D.C. Court of Appeals, as well as the U.S. immigration and criminal systems. He is a member of the District of Columbia Court of Appeals Criminal Justice Act Panel.

Before joining Orrick, Mark served as a member of the Appellate Staff of the Civil Division at the U.S. Department of Justice (1999-2006), where he represented the U.S. Patent and Trademark Office, the Copyright Office, the International Trade Commission and other federal agencies before the Federal Circuit, other U.S. Courts of Appeals, and the U.S. Supreme Court. Mark also practiced with another major law firm appellate practice in Washington D.C.

Robert Loeb Partner, Supreme Court & Appellate, Bankruptcy Litigation

Washington, D.C.

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D:+1 202 339 8475
E: [email protected]

Practice:

Finance Sector
Supreme Court & Appellate
Bankruptcy Litigation
Complex Litigation & Dispute Resolution
Energy
Litigation & IP
White Collar, Investigations, Securities Litigation & Compliance

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Robert Loeb Partner

Washington, D.C.

The breadth and depth of Bob's appellate experience, and his consistent track record of success in high-stakes matters, are why clients, including top tech and energy companies, trust him with their most important cases.

The National Law Journal’s Litigator of the Week column recently recognized Bob’s appellate major wins in energy and product liability cases for Broadreach Power and Johnson & Johnson. Bob’s recent victories also include Fifth Circuit wins for energy clients Cheniere and Eni. In the Cheniere-Midship case, Bob obtained an emergency stay from the court of appeals of the regulating agency proceedings and, then after oral argument, achieved a full victory. And for Eni, Bob convinced the Fifth Circuit to vacate a $300M judgment against Eni in a dispute with another energy company. These types of big wins in the most challenging cases show why both Chambers and Legal 500 rank Bob among the Country’s top appellate advocates.

Bob has argued before the Supreme Court multiple times (including a 9-0 victory regarding application of the Fourth Amendment to rental cars), and has filed hundreds of briefs in the Supreme Court. He has also handled cases in highest state courts in California, New York, Maine, Kentucky and New Jersey.

Before joining Orrick, Bob served as one of the leaders of an elite appellate group at the Department of Justice. There, in addition to major national security, commercial, and administrative law, Bob supervised bankruptcy appeals. At Orrick, Bob has continued to handle big ticket bankruptcy matters, such as a billion-dollar dispute over whether DHL’s claim was discharged by United’s bankruptcy, appeals from the City of Stockton bankruptcy confirmation, and a Ninth Circuit matter involving the interplay of the Takings Clause and bankruptcy law.

Bob’s recent work includes matters for Johnson & Johnson, Avon, Microsoft, Eni, Cheniere Energy, Freeport LNG, Broadreach Power, LS Power, Exxon, Medidata, Renco, MSC Cruise Line, Golden 1 Credit Union, Credit Suisse, TravelCenters of America, Gannett, and the City of Stockton.

Eric Shumsky Partner, Supreme Court & Appellate, Intellectual Property

Washington, D.C.; San Francisco

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D:+1 202 339 8464
E: [email protected]

Practice:

Supreme Court & Appellate
Intellectual Property
Complex Litigation & Dispute Resolution

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Eric Shumsky Partner

Washington, D.C.; San Francisco

Chambers USA reports that Eric is “hailed as ‘highly intelligent, an effective communicator and a great writer’ by contacts, and his high-profile work in the tech patent sector is of particular interest to those who recognize him as one who ‘prepares meticulously, anticipates every question, and is a gifted orator.’” Legal 500 touts his “exceptional courtroom demeanor and presentation skills” as one of “the finest appellate litigators in the nation.” And Reuters, in a report reviewing some 17,000 practitioners, identified Eric as part of an “elite cadre” of 75 lawyers who are “the most influential members of one of the most powerful specialties in America: the business of practicing before the Supreme Court.”

Eric has served as appellate counsel to a who’s who of leading companies, including AT&T, DISH Network, Facebook, Genentech, Gilead, KPMG, LG Electronics, LinkedIn, Lyft, Microsoft, Morgan Stanley, Netflix, Norfolk Southern, Synopsys, Twitter, and Union Carbide. Across an array of industries, Eric has briefed and argued issues as diverse as patent and copyright, labor and employment, preemption, punitive damages, environmental law, national security, and foreign sovereign immunity. He has been a primary author of more than 100 briefs in the Supreme Court alone.

Eric has particular proficiency in matters of technology and intellectual property. He regularly litigates novel issues concerning the regulation of the internet, including CDA Section 230, computer fraud, takedown notices, and internet domain names. He has been counsel in dozens of patent appeals in the Federal Circuit—litigating patents ranging from semiconductor construction, computer architecture, and genetic sequencing to tobacco curing, keyboard trays, and electrical junction boxes. A former law clerk on the Ninth Circuit and the Central District of California, Eric has extensive experience in the California state and federal appellate courts where tech issues commonly arise.

In addition to traditional appellate work, Eric has years of experience developing legal strategy in high-profile and complex cases in trial courts. Eric has performed this role in high-stakes multi-district litigation, criminal trials, and civil litigation involving critical dispositive motions.

Prior to joining Orrick, Eric was a partner in the appellate group at Sidley Austin.

Thomas M. Bondy Senior Supreme Court Counsel, Supreme Court & Appellate

Washington, D.C.

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D:+1 202 339 8406
E: [email protected]

Practice:

Supreme Court & Appellate

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Thomas M. Bondy Senior Supreme Court Counsel

Washington, D.C.

As FBI Deputy General Counsel, Tom oversaw the Bureau’s nationwide civil litigation docket, including employment disputes, Freedom of Information Act cases, Constitutional tort suits, and an array of matters implicating law enforcement and national security equities. He supervised more than one hundred Office of General Counsel personnel, and advised the FBI’s Director, Deputy Director and other executive management officials regarding especially sensitive litigation issues.

Prior to serving at the FBI, Tom spent 25 years with the Department of Justice, Civil Division, Appellate Staff, as an appellate litigator and supervisor. In that capacity, he oversaw the court of appeals and Supreme Court work of the Appellate staff’s attorneys across the full range of U.S. government subject areas, including Constitutional issues, anti-terrorism and national security, Federal Tort Claims Act, False Claims Act, Bivens, personnel and federal labor relations, Freedom of Information Act, administrative law, attorney fees, and government benefits. Tom personally briefed and orally argued more than one hundred cases in all of the federal courts of appeals and several state appellate courts, and drafted dozens of U.S. Supreme Court merits briefs, amicus briefs, certiorari petitions, and oppositions to certiorari petitions. One of the principal architects of the Justice Department’s litigation strategy in high-stakes appeals, Tom was considered one of the agency’s go-to advocates.

Tom received the Justice Department’s John Marshall Award for outstanding appellate advocacy, as well as the Attorney General’s Award for furthering the interests of U.S. national security. He has served as an instructor at the Attorney General’s Advocacy Institute and is also an Adjunct Professor at American University’s Washington College of Law.

Before joining DOJ, Tom clerked for then-Judge (now retired U.S. Supreme Court Justice) Anthony Kennedy on the U.S. Court of Appeals for the Ninth Circuit.

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Supreme Court & Appellate