Former Chief Judge, U.S. Court of Federal Claims
Judge Braden was appointed to the United States Court of Federal Claims on July 14, 2003, by President George W. Bush, after being confirmed by unanimous consent of the United States Senate. She was sworn into office by Senator Jeff Sessions. Her investiture was conducted on October 24, 2003 by Justice Sandra Day O’Connor and Justice Ruth Bader Ginsburg.
On January 28, 2015, Judge Braden was appointed by the American Law Institute as one of seven Judicial Advisors to the Restatement of the Law on Copyright. In 2013, Judge Braden was appointed to the Judges Special Committee of the American Intellectual Property Law Association and was named as Chair of the Intellectual Property Committee of the Advisory Council of the United States Court of Federal Claims. On March 23, 2012, Judge Braden received the Linn Inn Alliance Distinguished Service Medal at the New York Intellectual Property Lawyers Association Annual Dinner for her work with the American Inns of Court, dedicated to intellectual property law. On February 7, 2012, Judge Braden was appointed as Chair of the American Bar Association’s Section of Intellectual Property Law Task Force to consider how to more efficiently adjudicate "small" patent infringement cases. During 2010-2011, Judge Braden served as President of the Giles S. Rich American Inn of Court, which is affiliated with the United States Court of Appeals for the Federal Circuit. She was recognized at a ceremony in the United States Supreme Court in November 2011, when she received the American Inns of Court’s Platinum Distinction Award. Judge Braden also served as a Member of the Editorial Board of the American Intellectual Property Law Association.
In July 2009, Judge Braden was appointed as a Member of the Standing Committee on Ethics and Professional Responsibility-Judges Advisory Committee to the American Bar Association, on which she served until 2012. On February 14, 2007, Judge Braden was elected as a Member of the American Law Institute and was active in drafting Restatement of Law Third, Restitution and Unjust Enrichment. On October 22, 2004, she was inducted as a Senior Fellow of the ABA’s Administrative Law and Regulatory Section by Justice O’Connor at a ceremony held at the United States Supreme Court.
Prior to joining the bench, Judge Braden litigated complex federal and administrative law cases in private practice in trial and appellate courts. In particular, her work in the intellectual property area received favorable notice in the Wall Street Journal, New York Times, National Law Journal, and the Journal of the American Bar Association, and was featured in Interfaces on Trial: Intellectual Property and Interoperability In The Global Software Industry. In 1996, Judge Braden was honored by the Computer Law Association for winning multiple decisions in the Eastern District of New York, the Eastern District of Texas, the Second Circuit, and a certified question to the Supreme Court of Texas in Computer Assocs. Int’l, Inc. v. Altai Inc., a landmark case that changed the application of copyright law to computer software. In 1998, she also won a companion case brought in France before the Cour de Appel de Paris.
In private practice, Judge Braden represented a wide variety of client interests before almost every major department and federal agency, testified before the United States Congress on a variety of matters, and was a principal lobbyist for the Emergency Oil and Steel Loan Guarantee Act of 1999, that established a $1 billion federal loan guarantee program to assist bankrupt and troubled steel mills and small oil companies.
Judge Braden received a B.A. degree (1970) and J. D. degree (1973) from Case Western Reserve University in Cleveland, Ohio. She also attended post graduate courses at the Harvard Law School in the summer of 1978.
Partner, Cravath Swaine & Moore LLP
David J. Kappos is a partner at Cravath. He is widely recognized as one of the world’s foremost leaders in the field of intellectual property, including intellectual property management and strategy, the development of global intellectual property norms, laws and practices as well as commercialization and enforcement of innovation-based assets. Mr. Kappos supports the Firm’s clients with a wide range of their most complex intellectual property issues, including those pertaining to blockchain and financial technology (FinTech).
From August 2009 to January 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO). In that role, he advised the President, the Secretary of Commerce and the Administration on intellectual property policy matters. As Director of the USPTO, he led the Agency in dramatically re-engineering its entire management and operational systems as well as its engagement with the global innovation community. He was instrumental in achieving the greatest legislative reform of the U.S. patent system in generations through passage and implementation of the Leahy‑Smith America Invents Act, signed into law by President Obama in September 2011.
Prior to leading the USPTO, Mr. Kappos held several executive posts in the legal department of IBM, the world’s largest patent holder. From 2003 to 2009, he served as the company’s chief intellectual property lawyer. In that capacity, he managed global intellectual property activities for IBM, including all aspects of patent, trademark, copyright and trade secret protection. Mr. Kappos joined IBM as a development engineer. During his more than 25 years at IBM, he served in a variety of roles including litigation counsel and Asia Pacific IP counsel, based in Tokyo, Japan, where he led all aspects of intellectual property protection, including licensing, transactions support and mergers and acquisitions activity for the Asia/Pacific region.
Mr. Kappos has received numerous accolades for his contributions to the field of intellectual property, including, among others, the 2014 Global Agenda Council Vision Award for the Intellectual Property Council’s pro bono initiative from the World Economic Forum, the 2014 Jefferson Medal from the New Jersey Intellectual Property Law Association (NJIPLA), the 2013 Board of Director’s Excellence Award from the American Intellectual Property Law Association (AIPLA), the 2013 Champion of Intellectual Property Award from the District of Columbia Bar Association and the 2013 North America Government Leadership Award from Semiconductor Equipment and Materials International (SEMI). He was named one of the “Top 25 Icons of IP” by Law360, one of the “50 Most Influential People in Intellectual Property” and the “Outstanding Practitioner of the Year in IP Transactions” by Managing IP, one of the “Top 50 Intellectual Property Trailblazers & Pioneers” and one of the “100 Most Influential Lawyers in America” by The National Law Journal, “Intellectual Property Professional of the Year” by the Intellectual Property Owners Association and inducted into the Intellectual Property Hall of Fame by Intellectual Asset Management Magazine in 2012. Mr. Kappos was also recognized as a leading lawyer by IAM Strategy 300, IAM Patent 1000, World IP Review, The Legal 500 US, Who’s Who Legal: Patents, Lawdragon, Super Lawyers and The Best Lawyers in America. He is a frequent speaker and has authored many published articles on various intellectual property, innovation and leadership topics.
Mr. Kappos serves on the Boards of Directors of the Partnership for Public Service, the Center for Global Enterprise and the Intellectual Property Owners Education Foundation. He is the Chair of the Advisory Council of the Naples Roundtable, and the U.S. Chair of the U.S.-China IP Cooperation Dialogue. He is also an Adjunct Professor at Columbia Law School, where he teaches copyright litigation, and Cornell Law School, where he teaches legal advising for the start-up general counsel.
Mr. Kappos was born in Palos Verdes, California. He received a B.S. summa cum laude in Electrical and Computer Engineering from the University of California, Davis in 1983 and a J.D. from the University of California, Berkeley in 1990.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Partner, Gibson, Dunn & Crutcher LLP
Mark A. Perry is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group. His practice focuses on complex commercial litigation at both the trial and appellate levels.
Mr. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States—including winning the landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. (See Overview of Section 101 Patent Cases Decided After Alice v. CLS (as of March 1, 2019)). He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases. He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases. He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center.
Mr. Perry is ranked by Chambers USA in Nationwide Appellate Law, which noted that he “is described as a ‘master strategist and a brilliant writer.’” He has also been recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, by Super Lawyers in the Appellate category, and by IAM Patent—which called him “undoubtedly one of the top appellate specialists in the country”—for his work in the Federal Circuit. Mr. Perry has been named a National Litigation Star for both Appellate and General Commercial by Benchmark Litigation (which has also awarded him Appellate Lawyer of the Year), identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by The American Lawyer. He is a Fellow of the Litigation Counsel of America.
Before joining Gibson Dunn, Mr. Perry served as a law clerk to Justice Sandra Day O’Connor of the Supreme Court of the United States, and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He also worked as what is now called a Bristow Fellow in the Office of the Solicitor General of the United States. Mr. Perry earned his law degree with high honors from the University of Chicago Law School, where he served as Executive Editor of the Law Review. His undergraduate degree was conferred by the University of California at Berkeley.
Mr. Perry is the global co-editor, and co-author of the U.S. chapter, of the international publication Getting the Deal Through: Appeals, and he is the author of the class certification chapter in the PLI treatise Securities Litigation: A Practitioner’s Guide. Other recent publications and additional information are available below. Representative matters and references are available on request.
Professor of Law, DePaul University College of Law
Joshua D. Sarnoff is a professor of law at DePaul University and a faculty member in and former director of the Center for Intellectual Property Law & Information Technology (CIPLIT®). He teaches patent law, advanced patent law, administrative law, law and climate change, and other intellectual property law courses. He was previously a professor at the Washington College of Law, American University, in the Glushko-Samuelson Intellectual Property Law Clinic, and at the University of Arizona College of Law. In academic year 2014-2015, Professor Sarnoff was a Thomas A. Edison Distinguished Scholar at the United States Patent and Trademark Office. He is a registered patent attorney and a member of the bars of Washington D.C. and California, a former member of the board of governors of the Federal Circuit Bar Association, and a member of the boards of directors and advisory boards of various nonprofit organizations. He has written numerous articles and book chapters on patent law and climate change and has been involved in a wide range of intellectual property legal and policy disputes. He has submitted testimony on domestic patent law reform bills, has filed numerous amicus briefs in the United States Supreme Court and in the U.S. Court of Appeals for the Federal Circuit on important patent law issues, has been a pro bono mediator for the Federal Circuit, and has been a consultant to the United Nations Conference on Trade and Development on international intellectual property, trade and environmental issues. Professor Sarnoff was formerly in the private practice of intellectual property, environmental, and food and drug law in Washington, D.C. He received his BS from MIT and JD from Stanford.
Former Chief Judge, U.S. Court of Federal Claims
Judge Braden was appointed to the United States Court of Federal Claims on July 14, 2003, by President George W. Bush, after being confirmed by unanimous consent of the United States Senate. She was sworn into office by Senator Jeff Sessions. Her investiture was conducted on October 24, 2003 by Justice Sandra Day O’Connor and Justice Ruth Bader Ginsburg.
On January 28, 2015, Judge Braden was appointed by the American Law Institute as one of seven Judicial Advisors to the Restatement of the Law on Copyright. In 2013, Judge Braden was appointed to the Judges Special Committee of the American Intellectual Property Law Association and was named as Chair of the Intellectual Property Committee of the Advisory Council of the United States Court of Federal Claims. On March 23, 2012, Judge Braden received the Linn Inn Alliance Distinguished Service Medal at the New York Intellectual Property Lawyers Association Annual Dinner for her work with the American Inns of Court, dedicated to intellectual property law. On February 7, 2012, Judge Braden was appointed as Chair of the American Bar Association’s Section of Intellectual Property Law Task Force to consider how to more efficiently adjudicate "small" patent infringement cases. During 2010-2011, Judge Braden served as President of the Giles S. Rich American Inn of Court, which is affiliated with the United States Court of Appeals for the Federal Circuit. She was recognized at a ceremony in the United States Supreme Court in November 2011, when she received the American Inns of Court’s Platinum Distinction Award. Judge Braden also served as a Member of the Editorial Board of the American Intellectual Property Law Association.
In July 2009, Judge Braden was appointed as a Member of the Standing Committee on Ethics and Professional Responsibility-Judges Advisory Committee to the American Bar Association, on which she served until 2012. On February 14, 2007, Judge Braden was elected as a Member of the American Law Institute and was active in drafting Restatement of Law Third, Restitution and Unjust Enrichment. On October 22, 2004, she was inducted as a Senior Fellow of the ABA’s Administrative Law and Regulatory Section by Justice O’Connor at a ceremony held at the United States Supreme Court.
Prior to joining the bench, Judge Braden litigated complex federal and administrative law cases in private practice in trial and appellate courts. In particular, her work in the intellectual property area received favorable notice in the Wall Street Journal, New York Times, National Law Journal, and the Journal of the American Bar Association, and was featured in Interfaces on Trial: Intellectual Property and Interoperability In The Global Software Industry. In 1996, Judge Braden was honored by the Computer Law Association for winning multiple decisions in the Eastern District of New York, the Eastern District of Texas, the Second Circuit, and a certified question to the Supreme Court of Texas in Computer Assocs. Int’l, Inc. v. Altai Inc., a landmark case that changed the application of copyright law to computer software. In 1998, she also won a companion case brought in France before the Cour de Appel de Paris.
In private practice, Judge Braden represented a wide variety of client interests before almost every major department and federal agency, testified before the United States Congress on a variety of matters, and was a principal lobbyist for the Emergency Oil and Steel Loan Guarantee Act of 1999, that established a $1 billion federal loan guarantee program to assist bankrupt and troubled steel mills and small oil companies.
Judge Braden received a B.A. degree (1970) and J. D. degree (1973) from Case Western Reserve University in Cleveland, Ohio. She also attended post graduate courses at the Harvard Law School in the summer of 1978.
Partner, Cravath Swaine & Moore LLP
David J. Kappos is a partner at Cravath. He is widely recognized as one of the world’s foremost leaders in the field of intellectual property, including intellectual property management and strategy, the development of global intellectual property norms, laws and practices as well as commercialization and enforcement of innovation-based assets. Mr. Kappos supports the Firm’s clients with a wide range of their most complex intellectual property issues, including those pertaining to blockchain and financial technology (FinTech).
From August 2009 to January 2013, Mr. Kappos served as Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO). In that role, he advised the President, the Secretary of Commerce and the Administration on intellectual property policy matters. As Director of the USPTO, he led the Agency in dramatically re-engineering its entire management and operational systems as well as its engagement with the global innovation community. He was instrumental in achieving the greatest legislative reform of the U.S. patent system in generations through passage and implementation of the Leahy‑Smith America Invents Act, signed into law by President Obama in September 2011.
Prior to leading the USPTO, Mr. Kappos held several executive posts in the legal department of IBM, the world’s largest patent holder. From 2003 to 2009, he served as the company’s chief intellectual property lawyer. In that capacity, he managed global intellectual property activities for IBM, including all aspects of patent, trademark, copyright and trade secret protection. Mr. Kappos joined IBM as a development engineer. During his more than 25 years at IBM, he served in a variety of roles including litigation counsel and Asia Pacific IP counsel, based in Tokyo, Japan, where he led all aspects of intellectual property protection, including licensing, transactions support and mergers and acquisitions activity for the Asia/Pacific region.
Mr. Kappos has received numerous accolades for his contributions to the field of intellectual property, including, among others, the 2014 Global Agenda Council Vision Award for the Intellectual Property Council’s pro bono initiative from the World Economic Forum, the 2014 Jefferson Medal from the New Jersey Intellectual Property Law Association (NJIPLA), the 2013 Board of Director’s Excellence Award from the American Intellectual Property Law Association (AIPLA), the 2013 Champion of Intellectual Property Award from the District of Columbia Bar Association and the 2013 North America Government Leadership Award from Semiconductor Equipment and Materials International (SEMI). He was named one of the “Top 25 Icons of IP” by Law360, one of the “50 Most Influential People in Intellectual Property” and the “Outstanding Practitioner of the Year in IP Transactions” by Managing IP, one of the “Top 50 Intellectual Property Trailblazers & Pioneers” and one of the “100 Most Influential Lawyers in America” by The National Law Journal, “Intellectual Property Professional of the Year” by the Intellectual Property Owners Association and inducted into the Intellectual Property Hall of Fame by Intellectual Asset Management Magazine in 2012. Mr. Kappos was also recognized as a leading lawyer by IAM Strategy 300, IAM Patent 1000, World IP Review, The Legal 500 US, Who’s Who Legal: Patents, Lawdragon, Super Lawyers and The Best Lawyers in America. He is a frequent speaker and has authored many published articles on various intellectual property, innovation and leadership topics.
Mr. Kappos serves on the Boards of Directors of the Partnership for Public Service, the Center for Global Enterprise and the Intellectual Property Owners Education Foundation. He is the Chair of the Advisory Council of the Naples Roundtable, and the U.S. Chair of the U.S.-China IP Cooperation Dialogue. He is also an Adjunct Professor at Columbia Law School, where he teaches copyright litigation, and Cornell Law School, where he teaches legal advising for the start-up general counsel.
Mr. Kappos was born in Palos Verdes, California. He received a B.S. summa cum laude in Electrical and Computer Engineering from the University of California, Davis in 1983 and a J.D. from the University of California, Berkeley in 1990.
Professor of Law, Antonin Scalia Law School, George Mason University
Adam Mossoff is Professor of Law at Antonin Scalia Law School, George Mason University. He has published extensively on why patents, copyrights, and other intellectual property rights have been—and should be—legally secured to innovators and creators as property rights. His scholarship has been relied on by the United States Supreme Court, by lower federal courts, and by U.S. federal agencies. He has been invited to testify numerous times before the U.S. Senate and the House of Representatives on intellectual property legislation. His writings on intellectual property policy have also appeared in the Wall Street Journal, New York Times, Forbes, Investors Business Daily, and in other media outlets. His journal articles can be downloaded here.
Professor Mossoff is a longstanding member of the Executive Committee of the Intellectual Property Practice Group of the Federalist Society, on which he served as Chairperson from 2016-2018, and he is Chair of the Intellectual Property Working Group of the Regulatory Transparency Project of the Federalist Society. He is a Senior Fellow and Chair of the Forum for Intellectual Property at the Hudson Institute, a Visiting Intellectual Property Fellow at the Heritage Foundation, and a member of the Board of Directors of the Center for Intellectual Property Understanding. He is a member of the Intellectual Property Rights Policy Committee of ANSI and he has served as Chair and Vice-Chair of the Intellectual Property Committee of the IEEE-USA, on which he remains a member in good standing.
Partner, Gibson, Dunn & Crutcher LLP
Mark A. Perry is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group. His practice focuses on complex commercial litigation at both the trial and appellate levels.
Mr. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States—including winning the landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. (See Overview of Section 101 Patent Cases Decided After Alice v. CLS (as of March 1, 2019)). He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases. He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases. He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center.
Mr. Perry is ranked by Chambers USA in Nationwide Appellate Law, which noted that he “is described as a ‘master strategist and a brilliant writer.’” He has also been recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, by Super Lawyers in the Appellate category, and by IAM Patent—which called him “undoubtedly one of the top appellate specialists in the country”—for his work in the Federal Circuit. Mr. Perry has been named a National Litigation Star for both Appellate and General Commercial by Benchmark Litigation (which has also awarded him Appellate Lawyer of the Year), identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by The American Lawyer. He is a Fellow of the Litigation Counsel of America.
Before joining Gibson Dunn, Mr. Perry served as a law clerk to Justice Sandra Day O’Connor of the Supreme Court of the United States, and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He also worked as what is now called a Bristow Fellow in the Office of the Solicitor General of the United States. Mr. Perry earned his law degree with high honors from the University of Chicago Law School, where he served as Executive Editor of the Law Review. His undergraduate degree was conferred by the University of California at Berkeley.
Mr. Perry is the global co-editor, and co-author of the U.S. chapter, of the international publication Getting the Deal Through: Appeals, and he is the author of the class certification chapter in the PLI treatise Securities Litigation: A Practitioner’s Guide. Other recent publications and additional information are available below. Representative matters and references are available on request.
Professor of Law, DePaul University College of Law
Joshua D. Sarnoff is a professor of law at DePaul University and a faculty member in and former director of the Center for Intellectual Property Law & Information Technology (CIPLIT®). He teaches patent law, advanced patent law, administrative law, law and climate change, and other intellectual property law courses. He was previously a professor at the Washington College of Law, American University, in the Glushko-Samuelson Intellectual Property Law Clinic, and at the University of Arizona College of Law. In academic year 2014-2015, Professor Sarnoff was a Thomas A. Edison Distinguished Scholar at the United States Patent and Trademark Office. He is a registered patent attorney and a member of the bars of Washington D.C. and California, a former member of the board of governors of the Federal Circuit Bar Association, and a member of the boards of directors and advisory boards of various nonprofit organizations. He has written numerous articles and book chapters on patent law and climate change and has been involved in a wide range of intellectual property legal and policy disputes. He has submitted testimony on domestic patent law reform bills, has filed numerous amicus briefs in the United States Supreme Court and in the U.S. Court of Appeals for the Federal Circuit on important patent law issues, has been a pro bono mediator for the Federal Circuit, and has been a consultant to the United Nations Conference on Trade and Development on international intellectual property, trade and environmental issues. Professor Sarnoff was formerly in the private practice of intellectual property, environmental, and food and drug law in Washington, D.C. He received his BS from MIT and JD from Stanford.
Partner, Drinker Biddle & Reath LLP
Jeff Jacobson defends consumer, privacy and securities class actions, and represents media, technology and other companies in general commercial litigation. With nearly two decades in private practice and several years of experience at the highest levels of the New Jersey Attorney General’s Office, Mr. Jacobson assists his clients to resolve and minimize the reputational damage and business interruptions that can arise from litigation, particularly costly class actions. In addition, Mr. Jacobson has considerable and proven skills in managing the electronic discovery challenges presented by complex litigation and investigative matters.
During his tenure as director of the New Jersey Division of Law and chief counsel to the New Jersey Attorney General (2014-16), Mr. Jacobson oversaw law enforcement investigations involving consumer protection and data privacy, chaired the Attorney General’s Cyber Working Group, and oversaw more than 500 lawyers who represented all agencies of state government in defensive and affirmative litigation. Throughout his tenure, Jeff personally handled some of the state’s highest profile cases in state and federal court.
Because Mr. Jacobson has chaired both the prosecution and defense of major consumer fraud and privacy litigation, he is able to provide his clients with the benefit of a truly multifaceted and strategic perspective regarding even the highest-stakes claims. Mr. Jacobson has successfully defended consumer fraud and privacy-related class actions for media, electronics and consumer products companies, as well as securities class actions for U.S.-based and foreign private issuers in federal and state trial and appellate courts.
Class actions can be both costly and disruptive, so Mr. Jacobson strives to resolve such matters in his client’s favor as quickly and inexpensively as possible. This may mean moving the court to deny class certification at the earliest stage of a case, seeking quick summary judgment on key issues underlying the class motion, or devising a settlement that costs less than litigating the case. In matters requiring extensive discovery, Mr. Jacobson focuses on avoiding unnecessary tasks and minimizing vendor costs.
Mr. Jacobson has been selected to the Data Protection and Privacy and Securities Litigation lists by US Legal 500, a Legalease Publication. A description of the selection methodology can be found at www.legal500.com/assets/pages/about-us/how-it-works.html#rank. He has also been recognized as a Securities Litigation “Star” in the IFLR Benchmark Litigation Guide. A description of the selection methodology can be found at www.benchmarklitigation.com/general/research. (No aspect of these advertisements have been approved by the Supreme Court of New Jersey.)
Mr. Jacobson has written extensively on class action defense and e-discovery strategies for the New York Law Journal, Class Action Litigation Report, Product Liability Law 360, and other publications. He is also a member of the advisory board of the Association of Certified E-Discovery Specialists, and served on a New Jersey Supreme Court task force to assess attorney ethics issues arising from metadata in electronic documents.
Adjunct Professor, George Washington University Law School
President, New England Legal Foundation
Born in New York City; educated in the New York City public schools, Columbia University and Yale Law School. Joined Ropes & Gray, LLP in Boston in 1984; became litigation partner in 1993; retired in 2004. Joined New England Legal Foundation as General Counsel in 2004 and selected as President in 2006.
Partner, Gibson, Dunn & Crutcher LLP
Mark A. Perry is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group. His practice focuses on complex commercial litigation at both the trial and appellate levels.
Mr. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States—including winning the landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. (See Overview of Section 101 Patent Cases Decided After Alice v. CLS (as of March 1, 2019)). He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases. He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases. He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center.
Mr. Perry is ranked by Chambers USA in Nationwide Appellate Law, which noted that he “is described as a ‘master strategist and a brilliant writer.’” He has also been recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, by Super Lawyers in the Appellate category, and by IAM Patent—which called him “undoubtedly one of the top appellate specialists in the country”—for his work in the Federal Circuit. Mr. Perry has been named a National Litigation Star for both Appellate and General Commercial by Benchmark Litigation (which has also awarded him Appellate Lawyer of the Year), identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by The American Lawyer. He is a Fellow of the Litigation Counsel of America.
Before joining Gibson Dunn, Mr. Perry served as a law clerk to Justice Sandra Day O’Connor of the Supreme Court of the United States, and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He also worked as what is now called a Bristow Fellow in the Office of the Solicitor General of the United States. Mr. Perry earned his law degree with high honors from the University of Chicago Law School, where he served as Executive Editor of the Law Review. His undergraduate degree was conferred by the University of California at Berkeley.
Mr. Perry is the global co-editor, and co-author of the U.S. chapter, of the international publication Getting the Deal Through: Appeals, and he is the author of the class certification chapter in the PLI treatise Securities Litigation: A Practitioner’s Guide. Other recent publications and additional information are available below. Representative matters and references are available on request.
VP and Senior Counsel for Constitutional Litigation, Center for, PC
John Vail is an original member of the Center for Constitutional Litigation, where he is Vice President and Senior Litigation Counsel. He litigates issues dealing with the right to jury trial and the right of access to courts, appearing in state and federal courts throughout the United States, including the Supreme Court.
Mr. Vail has written broadly with regard to these topics, in popular and academic publications. In speaking engagements he both informs and amuses audiences. He has shared his insights with law students as Professorial Lecturer in Law at the George Washington University Law School.
Prior to his current employment Mr. Vail worked with legal aid organizations in Tennessee, New Mexico, and North Carolina for seventeen years, with time out doing human rights work in Eastern Europe.
He has been recognized by the legal services community for “inspired vision and outstanding leadership” and has received the Public Justice Achievement Award from Trial Lawyers for Public Justice for his “outstanding work and success” in preserving the right of access to justice.
Mr. Vail is a graduate of the College of the University of Chicago and of Vanderbilt Law School.
Judge, U.S. Court of Appeals, Fifth Circuit
Don Willett serves on the United States Court of Appeals for the Fifth Circuit.
Before joining the federal bench, Judge Willett served 13 years on the Supreme Court
of Texas. His career spans decades of public service, including roles as legal counsel to
a Texas Attorney General, a Texas Governor, a U.S. Attorney General, and the
President of the United States.
Raised by a heroic widowed mom in a doublewide trailer in a town of 32, Judge
Willett is his family’s first college graduate. He earned a triple-major B.B.A. from Baylor
University—where he serves on the Board of Regents—and three degrees from Duke
University—where he serves on the Board of Visitors: a J.D. with honors, an A.M. in
political science, and an LL.M. in judicial studies. After law school, he clerked on the
Fifth Circuit and practiced at Haynes and Boone before entering public service.
Judge Willett publishes widely in both leading law reviews and national media, including
The Yale Law Journal, The University of Pennsylvania Law Review, and The Wall Street
Journal. The longtime editor-in-chief of Judicature—the Scholarly Journal for Judges, he
holds academic appointments at various law schools and has received more than a
dozen Green Bag honors for “exemplary legal writing.” He was named Distinguished
Jurist of the Year by the Texas Review of Law & Politics, and he is a member of the
American Law Institute and a Life Fellow of the American, Texas, and Austin Bar
Foundations.
A onetime bull rider and professional drummer, Judge Willett was named “Tweeter
Laureate of Texas” in 2015. He is the namesake of Don R. Willett Elementary
School—home of mighty Willett Wranglers—located just a mile from where he grew up.
He and his radiant wife, Tiffany have three children—Jacob, Shane-David, and
Geneviève—plus the family pup, Amicus.
Partner, Drinker Biddle & Reath LLP
Jeff Jacobson defends consumer, privacy and securities class actions, and represents media, technology and other companies in general commercial litigation. With nearly two decades in private practice and several years of experience at the highest levels of the New Jersey Attorney General’s Office, Mr. Jacobson assists his clients to resolve and minimize the reputational damage and business interruptions that can arise from litigation, particularly costly class actions. In addition, Mr. Jacobson has considerable and proven skills in managing the electronic discovery challenges presented by complex litigation and investigative matters.
During his tenure as director of the New Jersey Division of Law and chief counsel to the New Jersey Attorney General (2014-16), Mr. Jacobson oversaw law enforcement investigations involving consumer protection and data privacy, chaired the Attorney General’s Cyber Working Group, and oversaw more than 500 lawyers who represented all agencies of state government in defensive and affirmative litigation. Throughout his tenure, Jeff personally handled some of the state’s highest profile cases in state and federal court.
Because Mr. Jacobson has chaired both the prosecution and defense of major consumer fraud and privacy litigation, he is able to provide his clients with the benefit of a truly multifaceted and strategic perspective regarding even the highest-stakes claims. Mr. Jacobson has successfully defended consumer fraud and privacy-related class actions for media, electronics and consumer products companies, as well as securities class actions for U.S.-based and foreign private issuers in federal and state trial and appellate courts.
Class actions can be both costly and disruptive, so Mr. Jacobson strives to resolve such matters in his client’s favor as quickly and inexpensively as possible. This may mean moving the court to deny class certification at the earliest stage of a case, seeking quick summary judgment on key issues underlying the class motion, or devising a settlement that costs less than litigating the case. In matters requiring extensive discovery, Mr. Jacobson focuses on avoiding unnecessary tasks and minimizing vendor costs.
Mr. Jacobson has been selected to the Data Protection and Privacy and Securities Litigation lists by US Legal 500, a Legalease Publication. A description of the selection methodology can be found at www.legal500.com/assets/pages/about-us/how-it-works.html#rank. He has also been recognized as a Securities Litigation “Star” in the IFLR Benchmark Litigation Guide. A description of the selection methodology can be found at www.benchmarklitigation.com/general/research. (No aspect of these advertisements have been approved by the Supreme Court of New Jersey.)
Mr. Jacobson has written extensively on class action defense and e-discovery strategies for the New York Law Journal, Class Action Litigation Report, Product Liability Law 360, and other publications. He is also a member of the advisory board of the Association of Certified E-Discovery Specialists, and served on a New Jersey Supreme Court task force to assess attorney ethics issues arising from metadata in electronic documents.
Adjunct Professor, George Washington University Law School
President, New England Legal Foundation
Born in New York City; educated in the New York City public schools, Columbia University and Yale Law School. Joined Ropes & Gray, LLP in Boston in 1984; became litigation partner in 1993; retired in 2004. Joined New England Legal Foundation as General Counsel in 2004 and selected as President in 2006.
Partner, Gibson, Dunn & Crutcher LLP
Mark A. Perry is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group. His practice focuses on complex commercial litigation at both the trial and appellate levels.
Mr. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States—including winning the landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. (See Overview of Section 101 Patent Cases Decided After Alice v. CLS (as of March 1, 2019)). He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases. He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases. He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center.
Mr. Perry is ranked by Chambers USA in Nationwide Appellate Law, which noted that he “is described as a ‘master strategist and a brilliant writer.’” He has also been recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, by Super Lawyers in the Appellate category, and by IAM Patent—which called him “undoubtedly one of the top appellate specialists in the country”—for his work in the Federal Circuit. Mr. Perry has been named a National Litigation Star for both Appellate and General Commercial by Benchmark Litigation (which has also awarded him Appellate Lawyer of the Year), identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by The American Lawyer. He is a Fellow of the Litigation Counsel of America.
Before joining Gibson Dunn, Mr. Perry served as a law clerk to Justice Sandra Day O’Connor of the Supreme Court of the United States, and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He also worked as what is now called a Bristow Fellow in the Office of the Solicitor General of the United States. Mr. Perry earned his law degree with high honors from the University of Chicago Law School, where he served as Executive Editor of the Law Review. His undergraduate degree was conferred by the University of California at Berkeley.
Mr. Perry is the global co-editor, and co-author of the U.S. chapter, of the international publication Getting the Deal Through: Appeals, and he is the author of the class certification chapter in the PLI treatise Securities Litigation: A Practitioner’s Guide. Other recent publications and additional information are available below. Representative matters and references are available on request.
VP and Senior Counsel for Constitutional Litigation, Center for, PC
John Vail is an original member of the Center for Constitutional Litigation, where he is Vice President and Senior Litigation Counsel. He litigates issues dealing with the right to jury trial and the right of access to courts, appearing in state and federal courts throughout the United States, including the Supreme Court.
Mr. Vail has written broadly with regard to these topics, in popular and academic publications. In speaking engagements he both informs and amuses audiences. He has shared his insights with law students as Professorial Lecturer in Law at the George Washington University Law School.
Prior to his current employment Mr. Vail worked with legal aid organizations in Tennessee, New Mexico, and North Carolina for seventeen years, with time out doing human rights work in Eastern Europe.
He has been recognized by the legal services community for “inspired vision and outstanding leadership” and has received the Public Justice Achievement Award from Trial Lawyers for Public Justice for his “outstanding work and success” in preserving the right of access to justice.
Mr. Vail is a graduate of the College of the University of Chicago and of Vanderbilt Law School.
Judge, U.S. Court of Appeals, Fifth Circuit
Don Willett serves on the United States Court of Appeals for the Fifth Circuit.
Before joining the federal bench, Judge Willett served 13 years on the Supreme Court
of Texas. His career spans decades of public service, including roles as legal counsel to
a Texas Attorney General, a Texas Governor, a U.S. Attorney General, and the
President of the United States.
Raised by a heroic widowed mom in a doublewide trailer in a town of 32, Judge
Willett is his family’s first college graduate. He earned a triple-major B.B.A. from Baylor
University—where he serves on the Board of Regents—and three degrees from Duke
University—where he serves on the Board of Visitors: a J.D. with honors, an A.M. in
political science, and an LL.M. in judicial studies. After law school, he clerked on the
Fifth Circuit and practiced at Haynes and Boone before entering public service.
Judge Willett publishes widely in both leading law reviews and national media, including
The Yale Law Journal, The University of Pennsylvania Law Review, and The Wall Street
Journal. The longtime editor-in-chief of Judicature—the Scholarly Journal for Judges, he
holds academic appointments at various law schools and has received more than a
dozen Green Bag honors for “exemplary legal writing.” He was named Distinguished
Jurist of the Year by the Texas Review of Law & Politics, and he is a member of the
American Law Institute and a Life Fellow of the American, Texas, and Austin Bar
Foundations.
A onetime bull rider and professional drummer, Judge Willett was named “Tweeter
Laureate of Texas” in 2015. He is the namesake of Don R. Willett Elementary
School—home of mighty Willett Wranglers—located just a mile from where he grew up.
He and his radiant wife, Tiffany have three children—Jacob, Shane-David, and
Geneviève—plus the family pup, Amicus.
Partner, Gibson, Dunn & Crutcher LLP
Mark A. Perry is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group. His practice focuses on complex commercial litigation at both the trial and appellate levels.
Mr. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States—including winning the landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. (See Overview of Section 101 Patent Cases Decided After Alice v. CLS (as of March 1, 2019)). He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases. He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases. He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center.
Mr. Perry is ranked by Chambers USA in Nationwide Appellate Law, which noted that he “is described as a ‘master strategist and a brilliant writer.’” He has also been recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, by Super Lawyers in the Appellate category, and by IAM Patent—which called him “undoubtedly one of the top appellate specialists in the country”—for his work in the Federal Circuit. Mr. Perry has been named a National Litigation Star for both Appellate and General Commercial by Benchmark Litigation (which has also awarded him Appellate Lawyer of the Year), identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by The American Lawyer. He is a Fellow of the Litigation Counsel of America.
Before joining Gibson Dunn, Mr. Perry served as a law clerk to Justice Sandra Day O’Connor of the Supreme Court of the United States, and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He also worked as what is now called a Bristow Fellow in the Office of the Solicitor General of the United States. Mr. Perry earned his law degree with high honors from the University of Chicago Law School, where he served as Executive Editor of the Law Review. His undergraduate degree was conferred by the University of California at Berkeley.
Mr. Perry is the global co-editor, and co-author of the U.S. chapter, of the international publication Getting the Deal Through: Appeals, and he is the author of the class certification chapter in the PLI treatise Securities Litigation: A Practitioner’s Guide. Other recent publications and additional information are available below. Representative matters and references are available on request.
Intellectual Property: Courts vs. Congress: What is a Patentable Invention?
Susan G. Braden, David J. Kappos, Adam Mossoff, Mark A. Perry, Joshua Sarnoff
2016 National Lawyers Convention
In the past six years, there has been a momentous shift in what can be...
Intellectual Property: Courts vs. Congress: What is a Patentable Invention?
Susan G. Braden, David J. Kappos, Adam Mossoff, Mark A. Perry, Joshua Sarnoff
2016 National Lawyers Convention
In the past six years, there has been a momentous shift in what can be...
Litigation: Business Cases in the Roberts Court: Perception and Reality
Jeffrey S. Jacobson, Alan B. Morrison, Martin J. Newhouse, Mark A. Perry, John Vail, Don R. Willett
2012 National Lawyers Convention
The Litigation Practice Group hosted this panel on "Business Cases in the Roberts Court: Perception...
Litigation: Business Cases in the Roberts Court: Perception and Reality
Jeffrey S. Jacobson, Alan B. Morrison, Martin J. Newhouse, Mark A. Perry, John Vail, Don R. Willett
2012 National Lawyers Convention
The Litigation Practice Group hosted this panel on "Business Cases in the Roberts Court: Perception...
SCOTUScast 3-14-08 featuring Mark Perry
Mark A. Perry
Preston v. Ferrer
On February 20, 2008, the Supreme Court decided Preston v. Ferrer. The Court held that...