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Experience
Litigation
Center for Marine Conservation v. Brown
U.S. District Court for the Southern District of Texas
Represented Center for Marine Conservation in Endangered Species Act case compelling the National Marine Fisheries Service to protect endangered sea turtle conservation. 917 F. Supp. 1128 (S.D. Tex. 1996)
Connecticut v. Babbitt
U.S. District Court for the District of Connecticut, U.S. Court of Appeals for the Second Circuit
Represented three Connecticut towns in administrative review, litigation and negotiation to prevent the Mashantucket Pequot Tribe from expanding trust land for gaming-related purposes.
Crandon v. United States
U.S. District Court for the Eastern District of Virginia, U.S. Court of Appeals for the Fourth Circuit, U.S. Supreme Court
Successfully argued that statute making it a crime for private party to pay supplemental compensation to government employees did not apply to lump-sum severance payments made to encourage employees to enter government service. 494 U.S. 152 (1990)
Delaware Nation v. Commonwealth of Pennsylvania
U.S. Court of Appeals for the Third Circuit
Defended the Governor of the Commonwealth of Pennsylvania against a land claim by the Delaware Nation based on the Indian Intercourse Act and federal common law. The tribe claimed that it was entitled to a parcel of land that it alleged had been sold without federal approval. The court decision we won affirmed that the land had been validly transferred, that the commonwealth had not violated federal law and that the commonwealth’s exercise of jurisdiction over the land was sound.
Hamdan v. Rumsfeld, et al.
U.S. Court of Appeals for the District of Columbia Circuit, U.S. Supreme Court
In pro bono habeas corpus litigation, obtained United States Supreme Court ruling striking down military commissions established to try detainees held at Guantanamo Bay, Cuba. 344 F. Supp. 2d 152 (D.D.C. 2004), rev'd, 415 F. 3d 33 (D.C. Cir. 2005), rev'd, 548 U.S. 557 (2006). After Congress passed Military Commissions Act of 2006, defended prisoner tried July 21 to August 7, 2008 before military commission in Guantanamo Bay Naval Station, Cuba, resulting in acquittal on charge of conspiracy and conviction on lesser charge of material support. Obtained vacation of conviction by D.C. Circuit, which held that the material support charge was Ex Post Facto. 696 F.3d 1238 (D.C. Cir. 2012).
Lockheed Martin Corporation v. Boeing, et al.
U.S. District Court for the Middle District of Florida
Represented Boeing in trade secret act lawsuit arising under the Air Force EELV program. 390 F. Supp. 2d 1073 (M.D. Fla. 2005)
Space Exploration Technologies Inc. v. Boeing
U.S. District Court for the Central District of California
Represented Boeing in defense of antitrust challenge to joint venture in rocket launch services. Summary dismissal of complaint (unpublished opinion).
United States v. Ellen
U.S. District Court for the District of Maryland, U.S. Court of Appeals for the Fourth Circuit
Represented defendant in jury trial and on appeal in criminal wetlands case. 961 F.2d 462 (4th Cir. 1992)
Alliance to Protect Nantucket Sound, Inc. v. Department of the Army
U.S. District Court for the District of Massachusetts, U.S. Court of Appeals for the First Circuit
Challenge to Army Corps of Engineers permit under Rivers and Harbors Act allowing private commercial development of Outer Continental Shelf through installation of wind turbine farm. 398 F.3d 105 (1st Cir. 2005)
Antitrust Counseling & Merger Clearance
Acquisition of Autometrics
Antitrust counsel to Boeing in its acquisition of Autometrics.
Acquisition of Aviall, Inc.
Antitrust counsel to Boeing in its acquisition of Aviall, Inc.
Acquisition of Hughes Space and Communications
Antitrust counsel to Boeing in its acquisition of Hughes Space and Communications.
Antitrust counseling for United Launch Alliance joint venture
Antitrust counsel to Boeing in joint venture with Lockheed Martin in the formation of United Launch Alliance.
Antitrust Counseling for Very Large Commercial Transport (VLCT) Joint Venture
Antitrust counsel to Boeing in a potential joint venture with members of the Airbus Consortium for a very large commercial jet transport.
Antitrust reviews of mergers and acquisitions for Itron, Inc./Schlumberger, Inc.
Antitrust counsel to Itron, Inc.
AT&T/McCaw Cellular Merger
Counsel to McCaw Cellular in antitrust challenge by Federal Trade Commission.
Merger of Boeing & Rockwell
Antitrust counsel to Boeing in merger of Boeing and Rockwell.
In re Merger of The Boeing Company and McDonnell Douglas Corporation
Antitrust counsel to Boeing in proceedings before Federal Trade Commission and European Commission, leading to approval of aerospace merger.
Sale of EDD
Antitrust counsel to Boeing in the sale of EDD to L-3 Corporation.
Sale of Rocketdyne
Antitrust counsel to Boeing in the sale of Rocketdyne to United Technologies Corp.
Appellate
Casan Enterprises v. Chrysler Corp.
U.S. Court of Appeals for the Ninth Circuit
Represented Chrysler in defense of an antitrust suit. 1997 WL 686028 (9th Cir.)
