Partner, Gibson Dunn & Crutcher LLP
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 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 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:
Shareholder, Littler Mendelson PC
Matthew J. Hank practices employment law, including issues arising under the common law and various statutes:
He particularly focuses on disputes concerning (1) wage and hour class actions (including cases involving independent contractor relationships, overtime claims, and payroll debit cards) and (2) noncompetition agreements and trade secrets.
Matthew served as a law clerk to the Hon. Daniel Manion of the U.S. Court of Appeals for the Seventh Circuit and the Hon. Paul V. Gadola of the U.S. District Court for the Eastern District of Michigan. Before attending law school, he served for four years on active duty in the United States Army as an Armor officer.
Chief Judge, United States Court of Appeals, Sixth Circuit
JEFFREY S. SUTTON is the Chief Judge of the United States Court of Appeals for the Sixth Circuit. He has served as Chair of the Federal Judicial Conference Committee on Rules of Practice and Procedure, Chair of the Advisory Committee on Appellate Rules, and Chair of the Supreme Court Fellows Commission. He currently serves as Chair of the Executive Committee of the Judicial Conference of the United States. Since 1993, Chief Judge Sutton has been an adjunct professor at The Ohio State University College of Law, where he teaches seminars on State Constitutional Law, the United States Supreme Court, and Appellate Advocacy. He also teaches a class on State Constitutional Law at Harvard Law School. Among other publications, he is the author of Who Decides? States as Laboratories of Constitutional Experimentation and 51 Imperfect Solutions: States and the Making of American Constitutional Law. He is the co-author of a casebook, State Constitutional Law: The Modern Experience, as well as The Law of Judicial Precedent. He is also the co-editor of The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. In 2006, Chief Judge Sutton was elected to the American Law Institute, and in 2017 he was elected to its Council.
U.S. Court of Appeals, District of Columbia Circuit (1983-1989); U.S. Solicitor General (1989-1993)
Kenneth Starr is a former United States Federal Court of Appeals Judge, U.S. Solicitor General, and Independent Counsel. He is the former President and Chancellor of Baylor University where he held the Louise L. Morrison Chair of Constitutional Law at Baylor University Law School.
Vice President of Litigation, Southeastern Legal Foundation
Braden H. Boucek serves as Director of Litigation at the Southeastern Legal Foundation (SLF). His cases at SLF focus on restoring constitutional balance, equal protection, the First Amendment, and property rights. He is an avid defender of America's Founding and a constitutional law professor. He has also actively litigated school choice cases.
Prior to joining SLF, he served as Vice President of Legal Affairs at the Beacon Center of Tennessee, where he worked on economic liberty, dedicated himself to Tennessee's unique constitutional rights, and protecting the free speech rights of professionals.
Braden has been a litigator since 2001. Previously, Braden was an Assistant U.S. Attorney in both Nashville and Memphis for over nine years. During that time, he handled hundreds of cases ranging from Organized Crime, Drug Trafficking, Fraud, Counterfeiting, Terrorism and Immigration offenses. Braden has been recognized by his office for performance, winning both the Special Achievement award and Distinguished Service award. Two of his investigations were recognized as the district’s “Case of the Year” by the Department of Justice’s Organized Crime and Drug Enforcement Task Force. For nearly five years before joining the Department of Justice, Braden served as a prosecutor for the State of Tennessee, first as an Assistant Attorney General and later as an Assistant District Attorney. He has been lead counsel in many jury trials at both the state and federal level. He has also argued dozens of cases before state and federal appellate courts, including the Tennessee Supreme Court and Sixth Circuit Court of Appeals. Braden also served as an extern for the Florida Supreme Court. He obtained his J.D. at Florida State University College of Law, and his B.A. at the University of Richmond.
Legal Director & General Counsel, Criminal Justice Legal Foundation
Kent S. Scheidegger has been the Legal Director of the Criminal Justice Legal Foundation since December 1986. He also served as Chairman of the Criminal Law Practice Group of the Federalist Society 2003 to 2005. His articles on criminal and constitutional law have been published in law reviews, national legal publications, and congressional reports. Legal arguments authored by Mr. Scheidegger have been cited and incorporated in several precedent-setting United States Supreme Court decisions.
After receiving a degree in physics with honors from New Mexico State University in 1976, Mr. Scheidegger served for six years in the United States Air Force as a Nuclear Research Officer. He took his law degree with distinction from the University of the Pacific, McGeorge School of Law in 1982 and practiced civil law in Northern California. He was general counsel of California Cooler, Inc. from 1984 until 1986, when he joined the Foundation.
Associate Deputy Attorney General, United States Department of Justice
Steve Cook currently serves as Associate Deputy Attorney General in the United States Department of Justice. In March of 2017, he was appointed to serve as the Deputy Attorney General’s point person on the Task Force for Crime Reduction and Public Safety—a task force created at the direction of the President to develop a nationwide strategy to reduce crime. He now serves as the Director of Law Enforcement Affairs for the U.S. Department of Justice. Prior to his current appointment, he served as the chief of the Criminal Division in the United States Attorney’s Office for the Eastern District of Tennessee where he had been an Assistant United States Attorney for 30 years. During those 30 years, he worked in the Organized Crime Drug Enforcement Task Force; the General Crimes Section handling white-collar crime, fraud, and public corruption; and was the deputy criminal chief in the Narcotics and Violent Crime Section. In those positions, he received dozens of awards and letters of commendation including the Directors Award for Superior Performance in connection with his work prosecuting violent gang members. He is also the immediate past president of the National Association of Assistant U.S. Attorneys.
Prior to coming to the United States Attorney’s Office, Mr. Cook clerked for a judge of the United States Court of Appeals for the Sixth Circuit and before that worked as a deputy sheriff and then as a police officer for seven years in Knoxville, Tennessee. Mr. Cook earned his Doctor of Jurisprudence from the University of Tennessee in 1984, with high honors, and was a member of the Tennessee Law Review.
Mr. Cook was chosen as one of The Politico’s 50 in 2017 for his work on national criminal justice issues. He has testified multiple times before Congress in connection with proposed criminal justice legislation including bills involving the Electronic Communications Privacy Act and sentencing reform. He has appeared as a guest on numerous radio and television programs with regional and national audiences (including the O’Reilly Factor and Sean Hannity Show) and has appeared as a frequent panelist on forums and discussion panels (including programs hosted by the Washington Post, Atlantic Magazine, and Hastings Law Journal).
Finally, Mr. Cook has served as a speaker or instructor at hundreds of events across the country ranging from events with international audiences to local police training.
Associate Professor of Law, Georgetown University Law Center
Shon Hopwood’s unusual legal journey began prior to him attending law school and included the U.S. Supreme Court granting two petitions for certiorari he prepared. Shon’s research and teaching interests include criminal law and procedure, civil rights, and the constitutional rights of prisoners. He received a J.D. as a Gates Public Service Law Scholar from the University of Washington School of Law. He served as a law clerk for Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit. And his legal scholarship has been published in the Harvard Civil Rights-Civil Liberties, Fordham, and Washington Law Reviews, as well as the American Criminal Law Review and Georgetown Law Journal’s Annual Review of Criminal Procedure.
The Sixth Annual Miguel Estrada Supreme Court Roundup
Miami, FLZarate v. Tennessee of Cosmetology and Barber Examiners
Braden H. Boucek
Why should a barber have to graduate high school? Barbers cut hair. They don’t need...
Topics
Docket Watch: Zarate v. Tennessee of Cosmetology and Barber Examiners
Why should a barber have to graduate high school? Barbers cut hair. They don’t need...
Lunch and Keynote Address by Jeffrey Sutton
2018 Pennsylvania Chapters Conference
Philadelphia, PATopics
Why Environmental Reviews Take So Long... And How We Can Speed Them Up
On January 1, 1970, President Nixon signed the National Environmental Policy Act (NEPA) into law....
Nielsen v. Preap - Post-Argument SCOTUScast
Kent Scheidegger
On October 10, 2018, the Supreme Court heard argument in Nielsen v. Preap, a case...
Topics
SCOTUS Passes on Opportunity to Limit or Overturn Kelo
In a disappointing move for property rights advocates, the U.S. Supreme Court denied certiorari yesterday...
Sentencing Reform in America: An Overview and Conversation [POLICYbrief]
Steven H. Cook, Shon R. Hopwood
The United States has five percent of the world’s population but twenty-five percent of the...
Topics
West Virginia Lawmakers Vote to Impeach Entire Supreme Court
August 14, 2018 Update: The West Virginia House of Delegates on August 13 and...
An Evening with Independent Counsel Ken Starr
Tampa, FL