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379016

Practice:

  • Cyber, Privacy & Data Innovation
  • Government Investigations and Enforcement Actions
  • Class Action Defense
  • Complex Litigation & Dispute Resolution
  • Supreme Court & Appellate
  • CCPA Readiness

David T. Cohen Of Counsel Cyber, Privacy & Data Innovation, Government Investigations and Enforcement Actions

New York; Boston

David’s practice focuses on complex litigation, particularly in the area of privacy and data security. He has extensive experience working with corporate clients that have suffered data breaches or have been accused of privacy violations, defending them against class actions and claims asserted by payment card brands and representing them in connection with federal and state government actions.

In addition, David is a thought leader in the area of privacy and cybersecurity, publishing extensively on the latest issues in the space and serving as a resource to reporters and others writing on breaking legal developments. David is also an active member of the Sedona Conference Working Group 11 on Data Security and Privacy Liability.

374760

Practice:

  • Supreme Court & Appellate

Abigail Colella Managing Associate Supreme Court & Appellate

New York

Abby Colella is a managing associate in the Supreme Court and Appellate Group. Her practice focuses on high-stakes appeals, with a particular emphasis on intellectual property and emerging technologies.

Abby has co-authored briefs in the U.S. Supreme Court, federal courts of appeals, and federal and state trial courts. She is passionate about communicating complex technological issues to judges of all backgrounds, and her work spans a wide range of topics and industries—from cutting-edge patent eligibility issues to data privacy disputes to monetary remedies in trademark cases.

Abby also maintains an active pro bono practice representing incarcerated individuals in cases under § 1983.

Prior to joining Orrick, Abby served as a law clerk to the Judge Timothy B. Dyk of the United States Court of Appeals for the Federal Circuit.

16548_740x360

Practice:

  • Supreme Court & Appellate

Kelsi Corkran Partner Supreme Court & Appellate

Washington, D.C.

Kelsi Brown Corkran heads the firm's Supreme Court practice. A former law clerk to Justice Ruth Bader Ginsburg of the U.S. Supreme Court and Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit, Kelsi has served as lead counsel in dozens of federal and state court appeals. Kelsi has presented argument before the U.S. Supreme Court and 11 of the 13 U.S. Courts of Appeals, including the en banc Ninth Circuit. She also frequently strategizes with trial teams on significant legal questions that arise during earlier stages of litigation.

Kelsi maintains a generalist practice mirroring the wide range of subject matters that appellate judges confront on their dockets. Her constitutional and administrative law experience includes litigating challenges involving the First, Fifth, Eighth, and Fourteenth Amendments; the Appointments Clause; the Bill of Attainder Clause; separation of powers; statutory interpretation; and regulatory overreach. She has also handled appeals involving copyright, class action certification, civil fraud, breach of contract, financial services, bankruptcy, and employment discrimination, to name a few. Rather than structuring her practice around narrow subject areas, Kelsi’s passion is translating complex disputes into compelling stories that persuade the court to rule in her client’s favor.

Prior to joining Orrick, Kelsi was with the Civil Appellate Staff at the U.S. Department of Justice, where she served as lead counsel for the federal government in more than 30 appeals representing a wide array of federal agencies, including the Copyright Royalty Board; the Federal Communications Commission; the Department of Transportation; the Department of Agriculture; the Social Security Administration; the Department of Housing and Urban Development; the Bureau of Alcohol, Tobacco, and Firearms; the Department of Health and Human Services; and the Drug Enforcement Administration.

Kelsi previously worked in the Communications Office of the White House’s Executive Office of the President, where she assisted with judicial nominations, including the confirmation hearings of Justice Sonia Sotomayor. Before law school, she was a social worker in Philadelphia’s foster care system.

Kelsi serves on the Board of Trustees for the Legal Aid Society of the District of Columbia and on the Board of Directors for the Washington Lawyers Committee for Civil Rights and Urban Affairs. 

374418

Practice:

  • Supreme Court & Appellate

Elizabeth R. Cruikshank Managing Associate Supreme Court & Appellate

Washington, D.C.

Elizabeth is a Managing Associate in the Supreme Court and Appellate practice group.

Before joining Orrick, Elizabeth served as a law clerk to the Honorable Kim McLane Wardlaw of the U.S. Court of Appeals for the Ninth Circuit and to the Honorable Jesse M. Furman of the U.S. District Court for the Southern District of New York.   She was previously a litigation associate at Cravath, Swaine & Moore LLP in New York.  Elizabeth received her law degree from Columbia Law School, where she won the Ruth Bader Ginsburg Prize and was an Articles Editor for the Columbia Law Review.  She graduated from Princeton University.

13196_740x360

Practice:

  • Supreme Court & Appellate
  • Intellectual Property

Mark Davies Partner Supreme Court & Appellate, Intellectual Property

Washington, D.C.

Mark Davies is co-head of the firm’s Supreme Court & Appellate Litigation practice.

Mark believes in Progress through persuasion. As a life-long early adopter of the latest technology, Mark has always believed in the promise of innovation. And as a believer in the justice embedded in the appellate process, Mark has time and time again persuaded Federal Circuit judges to rule for his clients.

Mark leads a team with spectacular credentials, deep expertise in intellectual property law, and that shares his belief in the client’s case. In the past few years, Mark has led Dow AgroSciences, EMC, NVIDIA, and Nintendo among others to victories that live out the Constitutional vision of a sound intellectual property regime. Mark feels lucky to have a legal practice he enjoys so much, one that combines his admiration for technological advances with enjoyment of the art of legal persuasion. 

The author of the “user manual” for Federal Circuit appeals, Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit (LexisNexis® Intellectual Property Law and Strategy Series, November 2017), Mark brings nearly twenty years’ of experience in intellectual property appeals, both in private practice and government. He was recognized in a Reuters special report as a member of the “elite cadre” of lawyers that are “the most influential members of one of the most powerful specialties in America: the business of practicing before the Supreme Court.” Reuters researched a field of 17,000 practitioners, identified a group of 75 who “have stood out – most for their success at getting cases before the high court,” and who “giv[e] their clients a disproportionate chance to influence the law of the land.”

As a member of the Appellate Staff of the Civil Division at the U.S. Department of Justice, Mark 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.

Sample Wins in the Last Five Years

  • Dow AgroSciences. Mark led the winning appellate team in a patent action revolving around Bayer’s allegations of patent infringement from Dow’s next generation of herbicide-resistant crop seeds. Bayer CropScience AG v. Dow AgroSciences LLC, No. 15-1854 (Federal Circuit)
  • EMC Corp. Mark led the winning appellate team that obtained the definitive pre America Invents Act opinion addressing the improper use of joinder in patent cases. In re EMC Corp., Misc. No. 142 (Federal Circuit)
  • Nintendo Co. Mark led the winning appellate team that successfully defended Nintendo’s most important product—the Wii. Motiva, LLC v. ITC, No. 2012-1252 (Federal Circuit)
  • NVIDIA Corp. Mark led the winning appellate team in an appeal against a patent licensing entity. BIAX Corp. v. NVIDIA Corp., No. 2012-1387 (Federal Circuit)
388516

Practice:

  • Supreme Court & Appellate

Peter E. Davis Associate Supreme Court & Appellate

Washington, D.C.

A former D.C. Circuit and D.C. District Court clerk, Peter is a member of Orrick’s Litigation Group and Supreme Court and Appellate practice.

Peter previously served as a law clerk for Judge Sri Srinivasan of the U.S. Court of Appeals for the District of Columbia Circuit and Judge James E. Boasberg of the U.S. District Court for the District of Columbia. He graduated from Stanford Law School, where he worked on certiorari and merits stage briefing in the school's Supreme Court Litigation Clinic. Before law school, Peter worked as a research assistant on nuclear nonproliferation policy at Stanford's Center for International Security and Cooperation.

381543

Practice:

  • Supreme Court & Appellate

Kory DeClark Managing Associate Supreme Court & Appellate

San Francisco

A former Ninth Circuit clerk, Kory DeClark represents clients in appeals and dispositive motions.

Prior to joining Orrick’s Supreme Court and Appellate practice, Kory was a trial lawyer at the Office of the Federal Public Defender for the Northern District of California. Before that, he served as a Liman Fellow at the San Francisco Public Defender’s Office, where he worked toward bail reform in California. Kory has handled more than 100 felony and misdemeanor cases across all stages of litigation. He has tried cases to verdict in both state and federal court—winning acquittals on a broad range of criminal charges—and has argued before the Ninth Circuit.

Before his work as a Federal Defender, Kory served as a law clerk to the Honorable William A. Fletcher of the U.S. Court of Appeals for the Ninth Circuit, and as student director of Yale Law School’s Criminal Justice Clinic. He also holds a Ph.D. in political philosophy from the University of Southern California and a vegan culinary degree from the Natural Gourmet Institute in New York City.

374874

Practice:

  • Supreme Court & Appellate

Ethan P. Fallon Managing Associate Supreme Court & Appellate

Washington, D.C.

Ethan is a member of the firm's Supreme Court and Appellate practice.

Prior to joining Orrick, Ethan served as a law clerk to Judge Denny Chin on the U.S. Court of Appeals for the Second Circuit, Judge John Gleeson on the U.S. District Court for the Eastern District of New York, and Justice Mariano-Florentino Cuéllar on the Supreme Court of California. 

Ethan graduated from UCLA Law School where he served as Senior Editor for the UCLA Law Review and participated in the school's Supreme Court Clinic.

Before law school, Ethan worked as a middle school teacher in East Palo Alto, California.

388573

Practice:

  • Supreme Court & Appellate

James Anglin Flynn Managing Associate Supreme Court & Appellate

Washington, D.C.

James is a Managing Associate in the Supreme Court & Appellate practice group.

Before joining Orrick, James served as a law clerk to the Honorable A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit, to the Honorable Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit, and to the Honorable Analisa Torres of the U.S. District Court for the Southern District of New York.  He was previously a litigation associate at Covington & Burling LLP in Washington.  There, he represented corporate officials in federal investigations, as well as municipal, nonprofit, and individual clients in civil rights litigation at the trial and appellate stages.

James graduated from Yale Law School, where he served as an executive officer of the Yale Law Journal and as a member of the Veterans Legal Services Clinic.  Before law school, James worked as a strategy and project management consultant for clients in the education and healthcare industries.

381904

Carolyn Frantz Senior Counsel

Seattle

The former Corporate Secretary and head of the Corporate Legal Group at Microsoft, Carolyn Frantz advises clients on legal issues, especially in the technology industry, as part of Orrick's Supreme Court and Appellate Practice.

A former Rhodes Scholar, Carolyn clerked for Supreme Court Justice Sandra Day O’Connor and D.C. Circuit Court of Appeals Judge David S. Tatel, before teaching at the University of Chicago Law School. She was a litigation partner at a major law firm for eight years before joining Microsoft, where she managed the company’s worldwide tax litigation until her appointment as Corporate Secretary.

As Microsoft’s Corporate Secretary, Carolyn had the opportunity to work closely with the company’s Board of Directors and senior leadership, gaining a first-hand understanding of the opportunities and challenges facing technology companies in a dynamic competitive and regulatory environment. As the head of the Corporate Legal Group, Carolyn was responsible for legal issues regarding securities law and disclosures, treasury and finance, international trade, procurement, real estate, and many other issues. Building on her extensive litigation experience, which includes managing tax disputes domestically and abroad, as well as litigating multidistrict products liability and consumer cases and commercial contract disputes, including a victory for Microsoft in the first known major use of emergency arbitration, Carolyn understands the practical challenges companies face in litigation and how those intersect with Board reporting, securities disclosures, and internal accountability.

360434

Practice:

  • Supreme Court & Appellate

Thomas Fu Managing Associate Supreme Court & Appellate

Washington, D.C.

A former Supreme Court and D.C. Circuit clerk, Thomas Fu is a member of Orrick's Litigation Group and Supreme Court and Appellate practice.

Prior to joining Orrick, Thomas served as a law clerk for Justice Elena Kagan of the U.S Supreme Court and Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. Thomas graduated from Stanford Law School, where he worked on merits stage briefing in two cases (one as a party and one as an amicus curiae) as a member of the school's Supreme Court Litigation Clinic.  Thomas also holds a master’s degree in mechanical engineering from Stanford University.

350649

Practice:

  • Supreme Court & Appellate

Hannah Garden-Monheit Managing Associate Supreme Court & Appellate

Washington, D.C.

Hannah is a member of Orrick's Litigation Group and Supreme Court and Appellate practice.

Hannah represents clients in high-stakes, complex litigation. She has co-authored briefs in appellate tribunals and district courts across the country, including the U.S. Supreme Court. Her work has covered a wide range of subject areas, such as constitutional law, data privacy, intellectual property, and general commercial litigation.

Hannah maintains an active pro bono practice, focusing on election law, First Amendment, criminal, and immigration matters.

Prior to joining Orrick, Hannah served as a law clerk to the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit and to the Honorable Randolph D. Moss of the U.S. District Court for the District of Columbia. Before law school, she worked as an analyst for the Iowa Senate, specializing in communications, as well as government oversight and transportation policy.