Naomi J. Scotten


New York

Naomi Scotten is an appellate lawyer, shepherding high-stakes cases through trial and appeal.

This work begins in the trial court, briefing key motions and collaborating with trial teams to preserve appellate issues. Naomi works seamlessly across law firms, building collective knowledge and a unified approach.

On appeal, Naomi creates streamlined briefs that highlight a compelling narrative. She boils large records down to their core, making complex cases simple for busy courts. Naomi approaches appeals with a company’s entire docket in mind, generating wins that maximize the long-term value of her work. She has briefed and argued appeals involving product liability, consumer protection, employment, criminal, constitutional, and regulatory law issues.

Prior to joining Orrick, Naomi served as a law clerk for Judge Susan L. Carney of the United States Court of Appeals for the Second Circuit.

Naomi graduated magna cum laude from Harvard Law School, where she served as the Executive Director of the Harvard Legal Aid Bureau.

  • Gutierrez v. LLT. Successfully argued before the Ninth Circuit, defending dismissal of California consumer protection claims filed against Johnson & Johnson Consumer, Inc. Secured affirmance of dismissal.

    Johnson & Johnson talc cases. Represent Johnson & Johnson in a series of related appeals in which plaintiffs allege that talc causes mesothelioma. Two nine-figure trial verdicts overturned on Daubert, sufficiency, and evidentiary grounds.

    Issue preservation counsel in a three-week jury trial involving innovative medical technology in which plaintiff was seeking more than $50 million in damages. The case settled on favorable terms on the eve of closing arguments.

    Represent major pharmaceutical company in mass torts trial and appellate litigation involving tens of thousands of products liability and related claims. Successfully obtained common issues summary judgment on post-approval failure-to-warn claims, based on federal preemption.

    Rojas v. FAA. Argued before the Ninth Circuit, sitting en banc, regarding the scope of Exemption 5 of the Freedom of Information Act.

    Moia v. Williams Sonoma. Successfully defended Williams Sonoma in employment appeal before California’s First Appellate District.

    Pecoraro v. Union Carbide. Successfully defended Union Carbide in product liability appeal before New York’s First Department regarding the scope of a tolling agreement.