Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.
Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 24 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.
Best Lawyers® recognized Mr. Estrada as a 2020 Lawyer of the Year in Intellectual Property Litigation and as a Lawyer of the Year in Appellate Practice. He has been recognized by Benchmark Litigation as a 2020 U.S. Appellate Litigation “Star”. In 2014, The American Lawyer named Mr. Estrada a “Litigator of the Year,” praising his “brains and tenacity” and noting he is the lawyer to call for “a tough, potentially unwinnable case.” From 2014-2021, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers. Chambers & Partners noted that “clients are impressed by his intellect and ability, with one saying, ‘His papers are just blindingly clear in what they say and devastating in how they marshal the arguments.’” The Atlantic described his oral argument in a 2014 high-profile separation-of-powers case as “one of the most dazzling arguments the marble chamber has heard in many years.”
Mr. Estrada was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America® in the area of Appellate Law, in addition to previous recognition by the publication in the specialties of Bet-the-Company Litigation, Commercial Litigation and Criminal Defense: White Collar, Intellectual Property Litigation, and Regulatory Enforcement Litigation in the areas of SEC, Telecom, and Energy. In 2017, he was elected as a member of the American Law Institute. In 2021, Mr. Estrada was named among the Lawdragon 500 Leading Lawyers in America. In 2004, Legal Times named him one of the top 12 appellate litigators in the D.C. area, noting that “people who follow appellate practice in Washington have known for several years that Estrada . . . is one of the best around.” Also in 2004, Washingtonian Magazine named him one of the top constitutional law lawyers “who could become one of the legends of the Supreme Court bar.”
Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney’s Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, Mr. Estrada practiced corporate law in New York with Wachtell, Lipton, Rosen & Katz.
Mr. Estrada is a Trustee of the Supreme Court Historical Society. He was formerly a member of the Board of Visitors of Harvard Law School.
Mr. Estrada served as a law clerk to the Honorable Anthony M. Kennedy in the U.S. Supreme Court from 1988 to 1989 and to the Honorable Amalya L. Kearse in the U.S. Court of Appeals for the Second Circuit from 1986 to 1987. He received a J.D. degree magna cum laude in 1986 from Harvard Law School, where he was editor of the Harvard Law Review. Mr. Estrada graduated with an A.B. degree magna cum laude and Phi Beta Kappa in 1983 from Columbia College, New York. He is fluent in Spanish and proficient in French.
Representative Supreme Court matters include:
In National Labor Relations Board v. Noel Canning (2014), he represented the Republican caucus of the United States Senate in successfully urging the invalidation of the President’s recess appointments to the National Labor Relation Board.
In Comcast Corp. v. Behrend (2013), he persuaded the Court to grant review of, and then reverse by a 5-4 vote, a certified antitrust class seeking $2.6 billion in damages.
In Black v. United States (2010), he represented media magnate Conrad M. Black in securing Court review and reversal of multiple convictions under the “honest services” provisions of the federal mail and wire fraud statutes.Based on his arguments, the Supreme Court significantly narrowed the scope of conduct that can be prosecuted as “honest services” fraud.
In Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc. (2006), he persuaded the Court to leave undisturbed a Federal Circuit ruling upholding the validity of a two-step process patent setting forth a method for diagnosing vitamin deficiencies.
In Northern Insurance Co. of New York v. Chatham County (2006), he persuaded the Court to rule unanimously that counties are not entitled to invoke sovereign immunity in admiralty actions.
In Aetna v. Davila Health (2004), he persuaded the Court to rule unanimously that federal law preempts state laws that give patients the right to sue managed care organizations.
In Strickler v. Greene (1999), he argued on behalf of a death row inmate pro bono in a challenge to his conviction and sentence.
In 2011, the Supreme Court appointed Mr. Estrada to brief and argue two criminal cases –Dorsey v. United States and Hill v. United States – in which the Solicitor General declined to defend the judgments of the court of appeals. Mr. Estrada was appointed to argue the position that the Solicitor General had declined to defend.
Mr. Estrada was also part of the team that successfully presented then Governor Bush’s position to the Supreme Court in Bush v. Gore (2000). Other cases that Mr. Estrada handled in the Supreme Court include Granholm v. Heald (2005) (dormant Commerce Clause and Twenty-First Amendment), Vermont Agency of Natural Resources v. United States ex rel. Stevens (2000) (False Claims Act, Article III standing and Eleventh Amendment immunity), Old Chief v. United States (1997) (rules of evidence), United States v. Mezzanatto (1995) (evidence and plea bargaining), United States v. Robertson (1995) (constitutional limits on Congress’s Commerce Clause powers), Citizens Bank of Maryland v. Strumpf (1995) (bankruptcy law), and NOW, Inc. v. Scheidler (1994) (RICO).
Recent Court of Appeals matters include:
In re Engle Cases, 767 F.3d 1082 (11th Cir. 2014): upholding dismissal of over 700 individual cases for pervasive pleading deficiencies.
Coquina Invs. V. TD Bank, N.A., 760 F.3d 1300 (11th Cir. 2014): upholding jury verdict and sanctions in fraud case arising out of a Ponzi scheme.
FERC v. JPMorgan Ventures Energy Corp. (D.C. Cir. 2013): argued two appeals on discovery issues arising out of FERC’s investigation of alleged market manipulation; the investigation was closed by settlement before decisions were issued.
Espenscheid v. DirectSat USA, LLC, 705 F.3d 770 (2013): rejecting class certification and collective-action treatment for overtime claims.
Comcast Cable Communications, LLC v. FCC, 717 F.3d 982 (D.C. Cir. 2013): reversing FCC decision in program-carriage case.
Georgia Pacific Consumer Prods. v. von Drehle, 710 F.3d 527 (4th Cir. 2013): reversing JNOV in trademark infringement case.
Fox v. FCC, 613 F.3d 317 (2d Cir. 2010): invalidating FCC’s indecency policy under vagueness doctrine.
In addition, Mr. Estrada is lead appellate counsel to Vivendi S.A. in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit, and to the National Association of Broadcasters in a challenge to certain procedures promulgated by the FCC in connection with the upcoming Spectrum Auction. Mr. Estrada also recently presented argument before the D.C. Circuit on behalf of the tobacco industry in a first amendment challenge to certain compelled disclosures that were imposed as part of the government’s long-running civil RICO case against the industry.
Other matters:
In 2014, Mr. Estrada represented a large financial institution in a tax dispute with the Commonwealth of Puerto Rico, and was part of a team that prevailed in a bench trial.
In 2013, Mr. Estrada represented the CEO of PokerStars, the largest online poker card-room in the world, in settling civil-forfeiture claims by the U.S. Attorney for the Southern District of New York.
From 2004 to 2009, Mr. Estrada defended Cessna in federal court litigation arising out of the largest airline disaster in Italian history, ultimately securing dismissal of most of the claims.
From 1999 to 2005, Mr. Estrada was a lead attorney for Aetna in dozens of class actions against the managed care industry that the Judicial Panel for Multidistrict Litigation consolidated in the United States District Court for the Southern District of Florida (MDL No. 1334).
Howard Root is the recently-retired Chief Executive Officer of Vascular Solutions, Inc., a company he founded in 1997, took public in 2000, and grew into a worldwide medical device company that he sold to Teleflex for $1 billion in February 2017. Over the company’s 20 years, Howard led Vascular Solutions in inventing, developing and launching over 100 new medical devices that are used daily to improve the lives of patients suffering from cardiovascular disease. In 2014, Vascular Solutions and Howard were indicted on felony charges alleging the company’s salespeople had promoted off-label an FDA-cleared medical device that made up only 0.1% of the company’s sales and never harmed a single patient. After surviving an arduous legal process, with 121 attorneys charging $25 million in legal fees, in February 2016 the jury returned a verdict of not guilty on all charges, even though the defense didn’t call a single witness to testify in the four-week trial.
Senior Judge, U.S. Court of Appeals, Sixth Circuit
Biography
Alice M. Batchelder obtained her first judicial post as a judge on the U.S. Bankruptcy Court for the Northern District of Ohio in 1983. After two years, she was appointed by President Ronald Reagan to the U.S. District Court for the Northern District of Ohio. In 1991 President George H.W. Bush appointed her to her position on the U.S. Court of Appeals for the Sixth Circuit. From August 2009 to August 2014, Judge Batchelder served as Chief Judge of the Sixth Circuit. In March 2019, she took Senior Status and continues to work nearly full time.
Tammy McCutchen is a leading authority on federal and state wage-hour laws and prevailing wage laws. She counsels businesses on wage-hour compliance, including conducting internal audits on independent contractor status, overtime exemptions, and other pay practices. She also represents employers during investigations by the U.S. Department of Labor and serves as an expert witness in wage-hour class actions. She was a founding officer of ComplianceHR, a law and technology company, where she created AI-based applications to evaluate independent contractor and overtime exempt status.
Ms. McCutchen served as Administrator of the U.S. Department of Labor’s Wage and Hour Division, appointed by President Bush and confirmed by the Senate in 2001. She was the primary architect of the 2004 revisions to the overtime exemption regulations, the first major changes to the regulations in 55 years.
Before joining DOL, she was senior counsel for the Hershey Company in Hershey, Pennsylvania.
Ms. McCutchen has been a volunteer leader of the Federalist Society since 1989. She served in leadership roles for the Northwestern Student Chapter and Chicago Lawyers Chapter. She currently serves in leadership for the Labor & Employment Practice Group, the Regulatory Transparency Project, and the Knoxville, TN Lawyers Chapter. She served on the Editorial Advisory Board of Law360, the Labor Committee of the U.S. Chamber of Commerce, the Small Business Legal Advisory Board of the National Federation of Independent Business, and a Policy Fellow at the ACU Foundation.
Ms. McCutchen is a graduate of Western Illinois University and Northwestern University School of Law. She clerked for the Hon. Daniel Manion on the U.S. Court of Appeals for the Seventh Circuit.
Kannon is the head of our Supreme Court & Appellate practice. He has argued 39 cases before the U.S. Supreme Court and has argued more than 150 appeals in courts across the country, including every federal court of appeals and numerous state courts.
Kannon is ranked as a “Star Individual” in appellate law by Chambers USA, where a client notes, “It’s hard to think of enough superlatives to describe his talent, his judgment, his ability, his experience – he is as good as it gets.” Legal 500 U.S. recognizes Kannon in its Hall of Fame for appellate work. A client shares, “His work is the best in the business, and he is a wonderful human being in addition to being a world-class appellate litigator.”
In 2024 and 2022, Kannon was a finalist for the American Lawyer’s “Litigator of the Year” award. He was named “Appellate Litigator of the Year” by Benchmark Litigation in 2021 and was a 2026 finalist for that recognition.
Before entering private practice, Kannon served as an Assistant to the Solicitor General at the U.S. Department of Justice.
Suhail A. Khan serves as Director of External Affairs at Microsoft Corporation and a Senior Fellow at the Institute for Global Engagement, a Christian religious freedom think tank. Suhail served on Capitol Hill, in the Bush Administration in the White House and at the U.S. Department of Transportation where he was awarded the Secretary's Team Award in 2005 and the Secretary's Gold Medal for Outstanding Achievement in 2007. He was elected to the Board of Directors of the American Conservative Union in 2006 and was awarded the Young Conservative Coalition's Buckley Award in 2010. In combating Holocaust-denial and anti-Semitism, Suhail led delegations of major American and global faith leaders to Europe’s death camps in 2010 and 2013. And in 2014, Suhail was appointed by RNC Chairman Reince Prebus to serve on the Asian Pacific American Advisory Council of the RNC. He was appointed to the Board of Directors of the American Studies Center, the parent foundation for Radio America and the American Veterans Center in 2014, the Board of Advisers for the Children's National Medical Center and the American Jewish Committee's Muslim Jewish Advisory Committee in 2016. Suhail earned a B.A. in political science from the University of California at Berkeley and his J.D. from the University of Iowa.
Professorial Lecturer in Law, The George Washington University
Biography
Paul Rosenzweig is an accomplished writer and speaker with a national reputation in cyber security and homeland security. He is the founder of Red Branch Consulting PLLC, a homeland security consulting company. He is also a Senior Advisor to The Chertoff Group. Mr. Rosenzweig formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security.
He is a Professorial Lecturer in Law at George Washington University, and a Senior Fellow in the Tech, Law & Security Program at the American University, Washington College of Law. He serves as an advisor to and former member of the American Bar Association Standing Committee on Law and National Security, and a Contributing Editor of the Lawfare blog. He is a member of the ABA Cybersecurity Legal Task Force and of the United States Court of Appeals for the District of Columbia Circuit Advisory Committee on Admissions and Grievances. He serves, as well, as a Hearing Committee Member of the District of Columbia Board of Professional Responsibility. In 2011 he was a Carnegie Fellow in National Security Journalism at the Medill School of Journalism, Northwestern University.
Mr. Rosenzweig is a cum laude graduate of the University of Chicago Law School. He has an M.S. in Chemical Oceanography from the Scripps Institution of Oceanography, University of California at San Diego and a B.A from Haverford College. Following graduation from law school he served as a law clerk to the Honorable R. Lanier Anderson, III of the United States Court of Appeals for the Eleventh Circuit.
He is the author of Cyber Warfare: How Conflicts in Cyberspace are Challenging America and Changing the World and of three video lecture series from The Great Courses, Thinking About Cybersecurity: From Cyber Crime to Cyber Warfare;The Surveillance State: Big Data, Freedom, and You; and Investigating American Presidents.
He is the co-author (with James Jay Carafano) of Winning the Long War: Lessons from the Cold War for Defeating Terrorism and Preserving Freedom and co-editor (with Jill D. Rhodes and Robert S. Litt) of the Cybersecurity Handbook (3rd ed.). He is also co-editor (with Timothy McNulty and Ellen Shearer) of two books, Whistleblowers, Leaks and the Media: The First Amendment and National Security, and National Security Law in the News: A Guide for Journalists, Scholars, and Policymakers. Mr. Rosenzweig is a member of the Literary Society of Washington.