Appellate Litigation

Ten Years of the Roberts Court - Event Audio/Video

2015 National Lawyers Convention
Michael A. Carvin, Jan Crawford, Steven J. Duffield, Michael S. Paulsen, Carlos T. Bea, Rachel Brand November 16, 2015

It has been ten years since John Roberts was appointed as the 17th Chief Justice of the United States. During his confirmation hearing, Chief Justice Roberts promised to be a Justice who would "call balls and strikes." In his first decade on the Court, he has written for the Court in some of most consequential cases in recent history and dissented in others. He has been both applauded and criticized by both ends of the political spectrum. He also has begun to craft his legacy as Chief Justice and leader not only of the Supreme Court but of the entire federal judiciary. This panel will present a range of views on the first ten years of the Roberts Court. The panelists bring a variety of perspectives: practitioner, journalist, academic, and Senate staff at the time of his confirmation. They will discuss the substance of the Roberts Court's opinions, what legacy the Chief Justice is crafting, whether he is succeeding in shaping the Court into a "Roberts Court," and whether his jurisprudence is consistent with what was expected at the time he was appointed.

Litigation: Ten Years of the Roberts Court
12:00 noon – 1:45 p.m.
East & State Rooms

  • Mr. Michael A. Carvin, Partner, Jones Day
  • Ms. Jan Crawford, Political Correspondent and Chief Legal Correspondent, CBS News
  • Mr. Steven J. Duffield, Former Chief Counsel, Senator Jon Kyl
  • Prof. Michael S. Paulsen, Distinguished University Chair and Professor, University of St. Thomas School of Law
  • Moderator: Hon. Carlos T. Bea, U.S. Court of Appeals, Ninth Circuit
  • Introduction: Hon. Rachel Brand, Member, Privacy and Civil Liberties Oversight Board and Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce

The Mayflower Hotel
Washington, DC

Trial by Formula & Class Action Lawsuits

Short video featuring Anastasia Boden discussing Tyson Foods, Inc. v. Bouaphakeo
Anastasia Boden November 09, 2015

Attorney Anastasia Boden of the Pacific Legal Foundation previews the upcoming Supreme Court case Tyson Foods, Inc. v. Bouaphakeo. In the case, workers sued Tyson Food for not paying them for time spent taking on and off their work equipment.  Since no time records for such activity were kept, the lower court allowed damages to be determined based on an average time for class members and then applied it to the entire remaining class.  Ms. Boden explains the concept of “Trial by Formula” and its implications in this case. The Pacific Legal Foundation filed an amicus brief  co-authored by Ms. Boden in support of the petitioner Tyson Foods.

Class Action Cases: The Term Ahead - Podcast

Litigation Practice Group Podcast
Warren Postman September 29, 2015

Class action litigation will be front and center at the Supreme Court this Term, with three potentially landmark cases—Spokeo v. Robins, Tyson Foods v. Bouaphakeo, and Campbell-Ewald v. Gomez—having been scheduled for argument in the fall. The Supreme Court will also soon consider several petitions for certiorari that raise additional class action issues over which the lower courts are divided. Warren Postman, Associate Chief Counsel at the U.S. Chamber Litigation Center, discussed the issues raised in these cases and their potential impact on class action litigation.


  • Mr. Warren Postman, Associate Chief Counsel for Litigation, U.S. Chamber of Commerce

Waters of the United States - Litigation Update - Podcast

Environmental Law & Property Rights and Litigation Practice Groups Podcast
Michael H. Park September 17, 2015

In its new “Waters of the United States” rule, the EPA has substantially increased the scope of its regulatory authority under the Clean Water Act. Dozens of states, trade associations, and private companies have challenged the rule in federal courts across the country. A federal judge in North Dakota recently issued an injunction against the rule just before it was scheduled to take effect. Michael Park of Consovoy McCarthy Park, who represent several of the parties in this litigation, discussed the rule, the status of the litigation, and where things could go from here.


  • Mr. Michael Park, Partner, Consvoy McCarthy Park PLLC

Dodd-Frank Lawsuit to Continue - Podcast

Financial Services & E-Commerce Practice Group Podcast
Gregory F. Jacob August 31, 2015

On July 24, 2015, the D.C. Circuit Court issued an opinion allowing a challenge to the constitutionality of the Consumer Financial Protection Bureau and of the recess appointment of its director to continue. Our expert discussed the implications of this decision and other recent developments in Dodd-Frank Act litigation.

  • Gregory F. Jacob, Partner, O'Melveny & Myers LLP