Partner, Gibson, Dunn & Crutcher LLP
Thomas G. Hungar is a partner in the Washington, D.C., office of Gibson Dunn. His practice focuses on appellate litigation, and he assists clients with congressional investigations and complex trial court litigation matters as well. He has presented oral argument before the Supreme Court of the United States in 28 cases, including some of the Court’s most important patent, antitrust, securities, and environmental law decisions, and he has also appeared before numerous lower federal and state courts.
Thomas served as General Counsel to the U.S. House of Representatives from July 2016 until January 2019. As General Counsel, he provided legal advice and litigation representation on a non-partisan basis to the House and its leadership, members, officers, and staff, and he worked closely with numerous House committees in connection with their oversight and investigative activities. Previously, he served as a Deputy Solicitor General of the United States. In that position, he supervised business-related appellate litigation for the federal government, with particular emphasis on patent, antitrust, securities, and environmental appellate cases, and he also oversaw appellate litigation in banking, bankruptcy, tax, government contracts, communications, copyright, labor, trademark, and international trade matters. In private practice, Thomas’s appellate experience has encompassed those areas as well as class actions, constitutional law, employment law, product liability, administrative procedure, insurance coverage and bad faith, and general commercial litigation. He has handled scores of business-related appeals in the Supreme Court and lower appellate courts, and has briefed and argued many high-profile matters.
Thomas is a Fellow of the American Academy of Appellate Lawyers and is a frequent lecturer in his areas of expertise. While at the Department of Justice, he served as Appellate Counsel to the Intellectual Property Task Force Executive Staff, and he was awarded the John Marshall Award for Outstanding Legal Achievement, the Department’s highest award presented to attorneys for contributions and excellence in legal performance, in recognition of his handling of patent-law matters before the Supreme Court.
Most recently, Thomas has garnered national recognition for his Appellate Practice in The Legal 500 – United States, Best Lawyers in America, and in Chambers USA, which has repeatedly highlighted Thomas for his “expertise in appellate litigation” and experience with employment and antitrust disputes, as well as Congressional Investigations. Thomas was also recently named a “Litigation Star” by Benchmark Litigation.
Thomas served as an Assistant to the Solicitor General of the United States from 1992-1994. He also served as a law clerk to Justice Anthony M. Kennedy of the Supreme Court and to Circuit Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. He received his law degree from Yale Law School in 1987, where he was a Senior Editor of the Yale Law & Policy Review. He received his Bachelor of Science degree magna cum laude in mathematics/computer science and economics from Willamette University in 1984.
Thomas is admitted to practice in the District of Columbia.
Laura Carlisle is an associate in the New Orleans office of Baker Donelson, and a member of the Advocacy Department. She assists in a wide variety of business litigation matters for clients.
Jennifer McNamara, of counsel in the New Orleans office of Baker Donelson, has litigated in state and federal courts for fifteen years and concentrates her practice in the areas of commercial litigation, employment, and intellectual property. Her commercial litigation experience includes representing corporate and individual clients in a variety of business disputes, including class actions, contract disputes, defamation claims, franchise disputes, and unfair trade practices. Ms. McNamara has also represented national insurance companies in class actions and the defense of first-party claims.
Ms. McNamara's employment law experience includes defending employers against claims brought under state discrimination statutes, the Family Medical Leave Act, Title VII, and the Age Discrimination in Employment Act before the EEOC, in mediation, and in state and federal courts. She also counsels employers regarding personnel policies and covenants not to compete.
With respect to her intellectual property practice, Ms. McNamara counsels clients on copyright, trademark, and defamation issues arising from Internet publications and Web sites. She is experienced in handling trademark litigation, including litigation arising from the transfer and use of domain names. Ms. McNamara has also counseled and represented media clients in areas such as access to public records and protection of the reporter's privilege in civil and criminal court.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Topics
Arbitration in the #MeToo Era: Winning the Battles, Losing the War?
Over the last decade, the U.S. Supreme Court has repeatedly recognized the primacy of the...
Arbitration and Class Actions in the Supreme Court: American Express v. Italian Colors Restaurant
Individualizing the FLSA: Collective Action Waivers and the Split in the Federal Courts
Laura Carlisle, Amelia W. Koch, Jennifer McNamara
Introduction The ability of employees to proceed collectively under the Fair Labor Standards Act (FLSA)...
Did the Supreme Court Just Kill the Class Action?
Brian T. Fitzpatrick
Although it received lower billing than some of the Term’s other decisions, I suspect the...
AT&T Mobility v. Concepcion - Post-Decision SCOTUScast
Brian T. Fitzpatrick
On April 27, 2011, the Supreme Court announced its decision in AT&T Mobility v. Concepcion....