Experience 

Stephen Shapiro is the founder and senior member of the Supreme Court and Appellate Litigation practice group at Mayer Brown.  Under his leadership the group has grown to become the largest Supreme Court and appellate practice in the country.  It is ranked first nationally by both Chambers USA and The Legal 500.  Chambers 2008 said that the group “stands head and shoulders above its competitors.”  Lawyers in the group have argued over 200 cases in the U.S. Supreme Court and a large number of appeals in federal and state courts across the country.  Steve personally has been responsible for briefing more than 200 cases and for arguing 29 cases before the U.S. Supreme Court.

Clients that Steve has represented in private practice include many members of the Fortune 500 in virtually all industries and areas of business, as well as national and state governments, other governmental entities, leading trade and professional associations, and high-profile not-for-profit organizations.  The precedent-setting cases that he has argued before the U.S. Supreme Court have led to far-reaching decisions reshaping the law of antitrust, securities regulation, taxation, banking, administrative law, and federal-state relations. 

During 2007 Steve successfully represented the 15 leading underwriters and mutual funds in the nation before the Supreme Court (Credit Suisse v. Billing), in the largest private antitrust case in history.  In October of 2007, he successfully argued before the Supreme Court what The Wall Street Journal has called “the biggest securities-litigation court clash in a generation.” The case (Stoneridge Investment Partners v. Scientific-Atlanta and Motorola, Inc.) held that product vendors, lenders, accountants and other secondary participants may not be sued for “scheme liability” under the federal securities laws.

ABA Litigation magazine (Spring, 2006) described Steve as “perhaps the preeminent appellate advocate practicing today.”  Such an evaluation is borne out by the 2007 edition of Chambers USA, which stated that, “He combines sheer brilliance with humility and an unfailing ability to realize what the justices are interested in.”  In 2006 Chambers USA called Steve “a key factor in the firm’s dominance in appellate litigation.”  Steve’s clients have in previous years praised him in Chambers for “eloquent advocacy,” and used phrases such as “the smartest lawyer in the world” and “at the top of my list for referrals” to characterize his practice.  In 2008 Legal 500  commended Steve for his “supreme intellect, oral argument skills and coolness under fire.”  In 2009 Chambers USA and Legal 500 quoted clients who stated that “he is incredibly hardworking and at the top of his field”; “he knows the court inside-out and always comes up with a winning argument.”   Jan Crawford Greenberg of ABC News described Steve’s latest argument in Philip Morris v. Williams as “a Herculean job”; “Shapiro was so impressive in keeping his composure and his focus” during argument, which was “coupled with obvious preparation.”

Before joining Mayer Brown, Steve served as Deputy Solicitor General of the United States (1981-1983), and as Assistant to the Solicitor General (1978-1980).  As Deputy Solicitor General in the Reagan administration his responsibilities included briefing and arguing cases for the federal government in the Supreme Court of the United States and supervising appellate litigation in the courts of appeals.  He supervised most of the government’s business cases in the Supreme Court, including antitrust, banking, FTC, SEC, CFTC, FCC, FMC, CPSC, CAB, ICC, and other cases arising from federal administrative agencies.  Steve received the Department of Justice Distinguished Service Award in 1982.

Steve is co-author of the standard treatise on litigation before the U.S. Supreme Court, Supreme Court Practice (2007).  He has also written numerous articles on appellate practice, and has lectured on these issues before law schools and professional organizations nationwide.   He is a Life Member of the American Law Institute and a member of the American Academy of Appellate Lawyers.  In addition to heading Mayer Brown’s Supreme Court and Appellate group, Steve has played an active role in firm governance as former head of the Telecommunications Practice Group and as a member of the Management Committee.  In 2009 Steve was elected to the “Client Service All-Star Team” based on client recommendations from Fortune 1000 companies.  He is listed among The Best Lawyers In America (2010), in the fields of Appellate Law, Bet-The-Company Litigation, and Commercial Litigation.  U.S. Benchmark Litigation (2010) lists Steve as a “tier 1 star” for appellate litigation (“one of the country’s top appellate lawyers”).

Representative Clients
Clients that Steve has represented in private practice include:  the Government of Japan, the State of Illinois, the National Association of Manufacturers, the Business Roundtable, the United States Chamber of Commerce, the Alliance of Automobile Manufacturers, the Securities Industry Association, the Product Liability Advisory Council, the American Farm Bureau Federation, the American Bankers Association, the American Trucking Associations, the American Corporate Counsel Association, the Automobile Importers of America, the New York Clearing Association, the National Guard Association of the United States, the National Collegiate Athletic Association, AT&T, Ameritech, BellSouth Corporation, Pacific Telesis Group, Bell Atlantic Corporation, U S West, Inc., NYNEX Corporation, SBC Communications, Inc., Southern Building Code Congress International, Inc., Oracle Corporation, International Paper Company, Brunswick Corp., Ford Motor Company, General Motors Corporation, Chrysler Corporation, Volkswagen of America, Mercedes-Benz, Saturn Corporation, Caterpillar, Inc., Volvo GM Heavy Truck Corporation, Subaru of America, Philip Morris USA, Fidelity Management & Research Company, Merrill Lynch & Co., UBS/PaineWebber, Dean Witter Reynolds, Inc., Citicorp, Continental Bank, the Northern Trust Company, First American Bankshares, Inc., Northeast Bancorp, Advance Ross Corporation, FMC Corporation, BASF Corporation, ChevronTexaco Corporation, Koch Industries, Inc., Inland Steel Industries, General Electric Company, Motorola, Inc., Scientific-Atlanta, Inc., United Airlines, Delta Air Lines, Trans World Airlines, US Airways, Air Canada, Lufthansa German Airlines, Encyclopaedia Britannica, GATX Corporation, Knight-Ridder, Inc., Tribune Co., Northern Illinois Gas Co., Hughes Aircraft Company, Lexecon, Inc., WSNS-TV Channel 44, General Reinsurance Corp., CIGNA Corporation, Aetna Life & Surety Co., Insurance Services Office, ITT Corporation, ITT Hartford, Reinsurance Association of America, American Insurance Association, American Re-Insurance Company, Liberty Mutual Insurance Company, Safeco Insurance Company, Arkansas Blue Cross and Blue Shield, The Dow Chemical Company, The Upjohn Company, Cargill, Inc., Burlington Northern Santa Fe Corporation, JMB Realty Corporation, Angus Chemical Company, Americas Mining Corporation, Deloitte & Touche LLP, Las Vegas Sands Corp., Massachusetts School of Law, The First Church of Christ, Scientist, Mayo Clinic, Evanston Northwestern Healthcare Corporation, Dinsmore & Shohl, the Board of Governors of the Federal Reserve System, and the United States Court of Appeals for the Seventh Circuit.

In the pages following, Steve summarizes the major cases he has handled in the Supreme Court and on appeal, followed by a description of his advocacy before Congress and federal administrative agencies.

Notable Engagements 
CASES ARGUED IN THE SUPREME COURT OF THE UNITED STATES

Stoneridge Investment Partners v. Scientific-Atlanta and Motorola, Inc., 128 S. Ct. 761 (2008) (argued on behalf of both defendants). In this case, described by the Wall Street Journal as “the biggest securities-litigation court clash in a generation,” the Supreme Court agreed with our argument by a 5/3 vote and ordered dismissal of the securities class action with prejudice, rejecting “scheme liability” as a theory of recovery and curtailing future growth of implied securities fraud causes of action.  The Stoneridge decision led to the Court’s rejection of $40 billion investor class claims in the Enron litigation a week later.  Regents of Univ. of Cal. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 128 S. Ct. 1120 (2008); see In re Enron Corporation Securities Litigation, 2009 610 F. Supp. 2d 600 (S.D. Tex. 2009) (dismissing all investor claims under Stoneridge).

Credit Suisse Securities (USA) LLC v. Billing, 127 S. Ct. 2383 (2007) (argued on behalf of the fifteen leading underwriters and mutual funds in the nation). This was the largest private antitrust case in history, in which the plaintiffs sought to impose treble damages class action liability for alleged market manipulation in 900 initial public offerings.  The Supreme Court by a 7/1 vote accepted our contention that the defendant underwriters and mutual funds were entitled to antitrust immunity.

Burton Kanter and Claude Ballard v. Commissioner of Internal Revenue, 544 U.S. 40 (2005) (argued on behalf of both taxpayers).  In this tax case, the Supreme Court accepted our argument by a 7/2 vote that the taxpayers were entitled to disclosure of favorable credibility determinations by a Special Trial Judge of the Tax Court.  The Tax Court adopted new rules guaranteeing transparency of proceedings as a result of this decision, and the Seventh, Eleventh and Fifth Circuits overturned the Tax Court’s ruling against the taxpayers and reinstated the opinion of the Special Trial Judge to implement the Supreme Court’s ruling.  590 F.3d 410 (2009), 541 F.3d 595 (2008), 522 F.3d 1229 (2008), 431 F.3d 439 (2005), 429 F.3d 1026 (2005).

F. Hoffmann-La Roche, Ltd. v. Empagran, S.A., 542 U.S. 155 (2004) (argued on behalf of all foreign vitamin manufacturers named as defendants in this global antitrust class action, described in the ABA Journal as “the most important antitrust case in a generation”).  In this case the Supreme Court unanimously accepted our argument that the federal antitrust laws do not extend to global conspiracies that injure plaintiffs in foreign markets.

Sprietsma v. Mercury Marine, 537 U.S. 51 (2003) (argued on behalf of Mercury Marine).  In this case the Supreme Court unanimously rejected our preemption argument but remanded for determination of state law defenses.  The Illinois Supreme Court had accepted the preemption argument by a 6/1 vote.

Chevron U.S.A. Inc. v. Echazabal, 536 U.S. 73 (2002) (argued on behalf of ChevronTexaco).  In this case the Supreme Court unanimously accepted our argument that the Americans with Disabilities Act permits employers to refuse to hire persons whose life or safety would be endangered by a particular work environment.

Amchem Products, Inc., et al. v. George Windsor, et al., 521 U.S. 591 (1997) (argued on behalf of 20 domestic asbestos manufacturing firms).  In this case the Supreme Court, by a 6/2 vote, accepted our contention that Fed. R. Civ. P. 23 permits “settlement class actions,” but disapproved the current settlement without additional “sub-classes.”

Hartford Ins. Co. v. State of California, 509 U.S. 764 (1993) (argued on behalf of the U.S. insurance industry against 19 plaintiff states).  In this case, which was the largest government antitrust proceeding since the AT&T divestiture, the Supreme Court unanimously accepted our argument that U.S. insurers do not lose McCarran Act immunity as a result of agreements with foreign reinsurers, and by a 5/4 vote it accepted our argument that the McCarran Act “boycott” standard does not encompass agreements among insurers and reinsurers as to acceptable policy terms.

Virginia Bankshares, Inc. v. Sandberg, 501 U.S. 1083 (1991) (argued on behalf of First American Bankshares and its Chairman, Clark M. Clifford).  By a 5/4 vote, the Court accepted our argument that the class-action plaintiffs failed to prove causation under the federal securities laws in this freeze-out merger case.

American Trucking Associations, Inc. v. Scheiner, 483 U.S. 266 (1987) (argued on behalf of American Trucking Associations, Inc.).  By a 5/4 vote, the Supreme Court accepted our Commerce Clause challenge to flat truck taxes levied by the states, overruling prior decisions of the Court extending over a period of 60 years.

Northeast Bancorp v. Board of Governors of the Federal Reserve System, 472 U.S. 159 (1985) (argued on behalf of Northeast Bancorp and Citicorp).  The Supreme Court ruled against our position by a unanimous vote, upholding multi-state regional banking compacts against federal constitutional challenge.  The debate subsequently shifted to Congress, leading to passage of federal legislation granting unlimited interstate banking rights as sought in the litigation.  Interstate Banking Efficiency Act, 108 Stat. 2338 (1994).  Argument reviewed in “Three Pros Wow the Court,” American Lawyer (July-August, 1985) (“the performances of Laurence Tribe, Rex Lee and Steve Shapiro were case studies in effective advocacy”).

Keeton v. Hustler, Inc., 465 U.S. 770 (1984) (argued as amicus curiae by special request of the Court), and Helicopteros v. Hall, 466 U.S. 408 (1984).  In these companion tort liability cases I filed amicus curiae briefs on behalf of the Motor Vehicle Manufacturers Association and the Product Liability Advisory Council.  By a unanimous vote, the Court accepted our submission in one case and rejected it in the other.

Falls City Industries v. Vanco Beverage, Inc., 460 U.S. 428 (1983) (argued on behalf of the Antitrust Division and the Federal Trade Commission).  The Supreme Court ruled unanimously in our favor, holding that the Robinson-Patman Act permits sellers to meet competition by any reasonable means, including area-wide price systems.

Fidelity Federal Savings & Loan Association v. De La Cuesta, 458 U.S. 141 (1982) (argued on behalf of the Federal Home Loan Bank Board and the Federal Home Loan Mortgage Corporation).  The Supreme Court ruled in our favor by a 6/2 vote, holding that state law restrictions on due on sale clauses in mortgages of savings and loan associations are preempted by the federal constitution.

Edgar v. MITE Corp., 457 U.S. 624 (1982) (argued on behalf of the Securities and Exchange Commission and the Antitrust Division).  The Supreme Court ruled in our favor by a 6/3 vote, holding that the Illinois Corporate Takeover Statute violates the Commerce Clause of the federal constitution.

Arizona v. Maricopa County Medical Society, 457 U.S. 332 (1982) (argued on behalf of the Antitrust Division).  The Supreme Court ruled in our favor by a 4/3 vote, holding that maximum price fixing by professional organizations constitutes a violation of the Sherman Act.

American Society of Mechanical Engineers v. Hydrolevel Corp., 456 U.S. 556 (1982) (argued on behalf of the Antitrust Division).  The Supreme Court ruled in our favor by a 6/3 vote, holding that the doctrine of apparent authority applies in treble damage litigation under the antitrust laws affecting trade associations.

NBC, ABC, and CBS v. Federal Communications Commission and Carter-Mondale Presidential Committee, 453 U.S. 367 (1981) (argued on behalf of the Federal Communications Commission).  The Supreme Court ruled in our favor by a 6/3 vote, affirming our construction of the Federal Election Campaign Act, sustaining the Act’s constitutionality, and upholding sanctions against ABC, CBS and NBC for withholding airtime from presidential candidates.

Board of Governors of the Federal Reserve System v. Investment Company Institute, 450 U.S. 46 (1981) (argued on behalf of the Board of Governors of the Federal Reserve System).  The Supreme Court ruled unanimously in our favor, holding that banks and bank holding companies may operate closed-end investment companies under the Glass-Steagall and Bank Holding Company Acts.

Rubin v. United States, 449 U.S. 424 (1981) (argued on behalf of the United States and the Securities and Exchange Commission).  The Supreme Court ruled unanimously in our favor, concluding that the antifraud provisions of the federal securities laws apply to fraudulent pledge transactions injurious to banks.

California v. United States, 447 U.S. 1 (1980), 449 U.S. 408 (1981) (argued on behalf of the United States).  The Supreme Court ruled unanimously in our favor, holding that the United States, rather than California, was entitled to certain off-shore oil deposits pursuant to the Submerged Lands Act.

Chiarella v. United States, 445 U.S. 222 (1980) (argued on behalf of the United States and the Securities and Exchange Commission).  In a decision involving five separate opinions, the Supreme Court reversed the defendant’s conviction for securities fraud.  However, a majority of the Justices accepted our alternative theory of securities liability (the misappropriation theory) and the case was remanded for a new trial.  This alternative theory of liability was reaffirmed by the Supreme Court in United States v. O’Hagan, 117 S. Ct. 2199 (1997).

Roberts v. United States, 445 U.S. 552 (1980) (argued on behalf of the United States).  The Supreme Court ruled in our favor by an 8/1 vote, holding that the federal district courts may impose enhanced prison sentences on convicted defendants who refuse to cooperate with the authorities by identifying their accomplices.

Perrin v. United States, 444 U.S. 37 (1979) (argued on behalf of the United States).  The Supreme Court ruled unanimously in our favor, holding that the federal criminal code forbids commercial as well as official bribery.

United States v. Naftalin, 441 U.S. 768 (1979) (argued on behalf of the United States and the Securities and Exchange Commission).  The Supreme Court ruled in our favor by a unanimous vote, holding that the anti-fraud provisions of the federal securities laws protect businesses as well as investors.

Board of Governors of the Federal Reserve System v. First Lincolnwood Corporation, 439 U.S. 234 (1978) (argued on behalf of the Board of Governors of the Federal Reserve System).  The Supreme Court ruled in our favor by a 7/2 vote, upholding the Federal Reserve Board’s power to require adequate capitalization of bank holding companies.

Philip Morris USA v. Williams, 129 S. Ct. 1436 (2009) (argument for Philip Morris in $145 million punitive damages case) (my argument was described by Jan Crawford Greenberg of ABC News as “a Herculean job”) (case dismissed four months after argument as improvidently granted).

REPRESENTATIVE CASES BRIEFED IN THE SUPREME COURT OF THE UNITED STATES

Burks v. Lasker, 441 U.S. 471 (1979) (securities case).

Parklane Hosiery Co. v. Shore, 439 U.S. 322 (1979) (securities case).

Aaronson v. Quick Point Pencil Co., 440 U.S. 257 (1979) (antitrust case).

Reiter v. Sonotone Corp., 442 U.S. 330 (1979) (antitrust case).

Transamerica Mortgage Advisors, Inc. v. Lewis, 444 U.S. 11 (1979) (securities case).

National Labor Relations Board v. Yeshiva University, 444 U.S. 672 (1980) (labor case).

Catalano, Inc. v. Target Sales, Inc., 446 U.S. 643 (1980) (antitrust case).

Aaron v. Securities and Exchange Commission, 446 U.S. 680 (1980) (securities case).

National Labor Relations Board v. International Longshoremen’s Association, 447 U.S. 490 (1980) (labor case).

Steadman v. Securities and Exchange Commission, 450 U.S. 91 (1981) (securities case).

Federal Communications Commission v. WNCN Listeners Guild, 450 U.S. 582 (1981) (communications case).

Texas Industries v. Radcliff Materials, Inc., 451 U.S. 630 (1981) (antitrust case).

National Gerimedical Hospital v. Blue Cross Association, 452 U.S. 378 (1981) (antitrust case).

American Medical Association v. Federal Trade Commission, 455 U.S. 676 (1982) (antitrust case).

Blanding v. DuBose, 454 U.S. 393 (1982) (civil rights case).

Valley Forge Christian College v. Americans United For Separation of Church and State, 454 U.S. 464 (1982) (First Amendment case).

Marine Bank v. Weaver, 455 U.S. 551 (1982) (securities case).

Inwood Laboratories v. Ives Laboratories, 456 U.S. 844 (1982) (trademark and unfair trade practice case).

United States v. Goodwin, 457 U.S. 368 (1982) (criminal case).

Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982) (bankruptcy case).

United States v. Hollywood Motor Car Co., 458 U.S. 263 (1982) (criminal case).

Union Labor Life Ins. Co. v. Pireno, 458 U.S. 119 (1982) (antitrust case).

Williams v. United States, 458 U.S. 279 (1982) (criminal case).

Burlington Northern Inc. v. United States, 459 U.S. 131 (1982) (ratemaking case).

Verlinden B.V. v. Central Bank of Nigeria, 461 U.S. 480 (1983) (international law case).

Community Television of Southern California v. Gottfried, 459 U.S. 498 (1983) (communications and civil rights case).

Herman & MacLean v. Huddleston, 459 U.S. 375 (1983) (securities case).

Weyerhaeuser v. Lyman Lamb Co., 462 U.S. 1125 (1983) (antitrust case).

BankAmerica Corp. v. United States, 462 U.S. 122 (1983) (antitrust case).

First National City Bank v. Banco Para El Commercio Exterior De Cuba, 462 U.S. 611 (1983) (banking case).

Dirks v. SEC, 463 U.S. 646 (1983) (securities case in which the United States opposed the SEC).

Landreth Timber Co. v. Landreth, 471 U.S. 681 (1985) (securities case).

Celotex v. Catrett, 477 U.S. 317 (1986) (civil procedure case).

Board of Governors v. Dimension Corp., 474 U.S. 361 (1986) (banking case).

Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation, 475 U.S. 574 (1986) (antitrust case).

Metropolitan Life Ins. Co. and General Motors Corporation v. Taylor, 481 U.S. 58 (1987) (ERISA case).

Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694 (1988) (international law case).

Basic Inc. v. Levinson, 485 U.S. 224 (1988) (securities case).

H.J. Inc. v. Northwestern Bell Telephone Company, 492 U.S. 229 (1989) (RICO case).

Michigan Citizens for an Independent Press v. Thornburgh, 493 U.S. 38 (1989) (antitrust case).

Perpich v. Department of Defense, 496 U.S. 334 (1990) (war powers case).

Groves v. Ring Screw Works, 498 U.S. 168 (1990) (labor case).

Salve Regina College v. Russell, 499 U.S. 225 (1991) (civil procedure case).

Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350 (1991) (securities case).

Cohen v. Cowles Media Company, 501 U.S. 663 (1991) (free press case).

General Motors Corp. and Ford Motor Co. v. Romein, 503 U.S. 181 (1992) (Contract Clause case).

Federal Trade Commission v. Ticor Title Ins. Co., 504 U.S. 621 (1992) (antitrust case).

New York Conference of Blue Cross and Blue Shield Plans v. Travelers Insurance Company, 514 U.S. 645 (1995) (ERISA case).

Baker v. General Motors Corp., 520 U.S. 1141 (1997) (Full Faith and Credit Clause case).

State Oil Company v. Khan, 522 U.S. 3 (1997) (antitrust case).

Lexecon Inc., et al. v. Milberg Weiss Bershad Hynes & Lerach., et al., 523 U.S. 26 (1998) (multi-district litigation transfer case).

NYNEX v. Discon, Inc., 525 U.S. 128 (1998) (antitrust case).

AT&T v. Iowa Utilities Board, 525 U.S. 366 (1999) (communications case).

California Dental Association v. Federal Trade Commission, 526 U.S. 756 (1999) (antitrust case).

Weisgram v. Marley Company, 528 U.S. 440 (2000) (expert testimony case).

Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133 (2000) (civil procedure case).

Santa Fe Independent School District v. Jane Doe, 530 U.S. 290 (2000) (First Amendment case).

Mathias v. Worldcom Technologies, 535 U.S. 682 (2002), decided in tandem with Verizon Maryland v. Public Service Commission, 535 U.S. 635 (2002) (telecommunications cases).

Zelman v. Simmons-Harris, 536 U.S. 639 (2002) (First Amendment case).

American Insurance Association v. Garamendi, 539 U.S. 396 (2003) (international law case).

Verizon Communications v. Law Offices of Curtis Trinko, 540 U.S. 398 (2004) (antitrust case).

Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (2005) (securities case).

BASF Corp. v. Peterson, 544 U.S. 1012 (2005) (Mem.) (summary vacation of adverse preemption ruling).

Illinois Tool Works Inc. and Trident, Inc. v. Independent Ink, Inc., 547 U.S. 28 (2006) (antitrust case) (antitrust adviser to counsel of record).

Merrill Lynch v. Dabit , 547 U.S. 71 (2006) (securities case).

Bell Atlantic Corp. v. Twombly , 550 U.S. 544 (2007) (antitrust case).

Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., 549 U.S. 312 (2007)  (antitrust case) (antitrust adviser to counsel of record).

Tellabs, Inc.  v. Makor Issues & Rights, Ltd.,  551 U.S. 308 (2007) (securities case).

Caperton  v. A.T. Massey Coal Co.,  129 S. Ct. 2252 (2009) (campaign contribution case). 

Horne v. Flores, 129 S. Ct. 2579 (2009) (education case).

Pottawattamie County  v. Harrington,  ___ U.S. ____ (prosecutorial immunity case) (pending).

Jones v. Harris Associates, L.P., ___ U.S. ____ (investment advisor compensation case) (pending).

REPRESENTATIVE CASES HANDLED IN TRIAL AND INTERMEDIATE APPELLATE COURTS

Empagran S.A. v. F. Hoffmann La Roche,  Ltd., 417 F.3d 1267 (D.C. Cir. 2005), cert. denied, 126 S. Ct. 1043 (2006), motion to reconsider denied, 453 F. Supp. 2d 1 (D.D.C. 2006) (successful brief and argument on behalf of producers of vitamins in multi-billion dollar antitrust class action leading to dismissal of complaint alleging international price fixing cartel).

Concord Boat Corp. v. Brunswick Corp., 207 F.3d 1039 (8th Cir.), cert. denied, 121 S. Ct. 428 (2000) (successful brief and argument on behalf of Brunswick in antitrust suit alleging violations of §§1 and 2 of the Sherman Act and §7 of the Clayton Act; $180,000,000 jury verdict set aside).

Sprague v. General Motors Corporation, 133 F.3d 388 (6th Cir.) (en banc), cert. denied, 524 U.S. 923 (1998) (successful brief and argument on behalf of General Motors in ERISA class action seeking restructuring of nation’s largest private medical plan and over $1 billion in damages).

International Paper Company v. NLRB, 115 F.3d 1045 (D.C. Cir. 1997) (successful brief and argument on behalf of employer in multi-plant strike and lockout labor dispute).

Weaver, et al. v. First Church of Christ, Scientist, 680 N.E.2d 918 (Mass. 1997), cert. denied, 118 S. Ct. 694 (1998) (successful brief and argument on standing and First Amendment issues in $400,000,000 ecclesiastical dispute).

Borst v. Chevron Corp., 36 F.3d 1308 (5th Cir. 1994), cert. denied, 514 U.S. 1066 (1995) (successful brief and argument on behalf of Chevron Corp. in multi-million dollar ERISA class action establishing that retirees have no right to “surplus” pension assets and that informal statements from management are not enforceable promises under ERISA).

Charter Township of Ypsilanti, et al. v. General Motors Corp., 201 Mich. App. 128 (Michigan Court of Appeals 1993), leave to appeal denied, 443 Mich. 861 (Michigan Supreme Court) (successful brief and argument on behalf of General Motors Corporation leading to reversal of injunction against closure of unprofitable Willow Run assembly plant in Ypsilanti, Michigan).

Amway v. Proctor & Gamble and Dinsmore & Shohl, 346 F.3d 180 (6th Cir. 2003) (successful brief and argument for defendants in $1.3 billion corporate defamation suit).

Miles v. Merrill Lynch & Co., 471 F.3d 24 (2d Cir. 2006) (successful briefs for Merrill Lynch opposing certification of 310 securities fraud class actions brought against leading securities underwriters following collapse of stock market bubble).

Newton v. Merrill Lynch, PaineWebber, and Dean Witter Reynolds, 259 F.3d 154 (3rd Cir. 2001) (successful brief and oral argument on behalf of Merrill Lynch, PaineWebber and Dean Witter Reynolds opposing certification of nationwide securities class action under federal securities laws).

Kurz v. Fidelity Management & Research Co. , 556 F.3d 639 (7th Cir. 2009) (successful brief and oral argument for Fidelity Management & Research Company leading to affirmance of dismissal under SLUSA of best execution class action securities claims).

Hecker v. Deere & Company and Fidelity Management & Research Company, 556 F.3d 575, rehearing and rehearing en banc denied, 569 F.3d 708 (7th Cir. 2009) (successful brief for Fidelity Management & Research Company leading to affirmance of judgment dismissing ERISA class action).

Bondi v. Grant Thornton International, et al., 377 F. Supp. 2d 390 (S.D.N.Y. 2005), 421 F. Supp. 2d 703 (S.D.N.Y. 2006) (successful brief and argument for Deloitte & Touche USA LLP and Deloitte & Touche LLP on motion to dismiss $10 billion state law claim of Parmalat S.p.A. bankruptcy administrator).

In re Parmalat Securities Litigation, 375 F. Supp. 2d 278 (S.D.N.Y. 2005) (partially successful brief and argument for Deloitte & Touche USA LLP and Deloitte & Touche LLP on motion to dismiss class action securities fraud claims based on bankruptcy of Parmalat S.p.A.), aff’d sub nom. Pappas v. Bank of America Corp., 2009 WL 382602 (2d Cir. 2009) (summary order).

Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, et al., No. 92 C 7768 (N.D. Ill. 1999) (successful briefs in abuse of process case against nation’s leading securities class action firm, producing $45,000,000 verdict and $50,000,000 settlement at punitive damages stage).

In re Bridgestone/Firestone, Inc. Tires Products Liability Litigation, 288 F.3d 1012 (7th Cir. 2002) (successful amicus brief for Product Liability Advisory Council challenging certification of nationwide product defect class action).

Knudsen v. Liberty Mutual Insurance Co., 435 F.3d 755 (7th Cir. 2006) (successful appeal leading to removal of $300 million nationwide class action under CAFA with vacation of class certification and default rulings of state court).

Goldwasser et al. v. Ameritech Corp., 222 F.3d 390 (7th Cir. 2000) (successful argument on behalf of Ameritech leading to dismissal of class action monopolization claim on the ground that the Telecommunications Act of 1996 displaces antitrust remedies).  The decision in this case was followed by the Supreme Court in Verizon Communications v. Trinko, 540 U.S. 398 (2004).

People of State of Illinois, Citizens Utility Board and Neighborhood Networks v. Illinois Commerce Commission, SBC Communications, Inc. and Ameritech Corp., No. 1-00-0028 (Ill. App. 1st Dist. 2001) (successful argument on behalf of SBC Communications and Ameritech defending nation’s largest telecommunications merger against state-law challenge by Illinois Attorney General and public interest advocates).

Ameritech Corp. and SBC Communications, Inc. v. South Austin Coalition, 191 F.3d 842 (7th Cir. 1999) (successful oral argument on behalf of Ameritech and SBC leading to dismissal on primary jurisdiction and ripeness grounds of antitrust complaint challenging SBC/Ameritech merger).

SBC Communications, Inc. v. South Austin Coalition, 274 F.3d 1168 (7th Cir. 2001), cert. denied 123 S. Ct. 81 (2002) (successful appeal on behalf of Ameritech and SBC leading to dismissal of second complaint attacking SBC/Ameritech merger on ground that antitrust laws do not apply to “potential competition” challenges to carrier acquisitions).

Iowa Utilities Board v. FCC and United States, 120 F.3d 753 (8th Cir. 1997) (successful brief on behalf of Ameritech challenging FCC’s local competition order under Telecommunications Act of 1996).

United States v. Western Electric Co., 900 F.2d 283 (D.C. Cir. 1990), cert. denied, 498 U.S. 911 (1990) (successful argument on behalf of seven Bell telephone companies leading to information services capability and new competitive standards under AT&T consent decree).

United States v. Western Electric Co., 907 F.2d 1205 (D.C. Cir. 1990) (successful argument on behalf of NYNEX Corporation seeking permission to engage in telecommunications equipment sales).

United States v. Western Electric Co., 767 F. Supp. 308 (D.D.C. 1991), stay vacated 1991-2 Trade Cas. (CCH) Par. 69,610, (D.C. Cir. 1991), affirmed on the merits, 993 F.2d 1572 (D.C. Cir.), cert. denied, 510 U.S. 984 (1993) (successful two-day argument on behalf of seven Bell telephone companies seeking authorization to generate electronic information).

United States v. Western Electric Co., 969 F.2d 1231 (D.C. Cir. 1992), cert. denied, 507 U.S. 951 (1993) (unsuccessful argument on behalf of seven Bell telephone companies seeking authority to centralize network signalling; extensive dissent from Judge Stephen Williams).

United States v. Western Electric, 12 F.3d 225 (D.C. Cir. 1993) (successful appeal on behalf of seven Bell telephone companies vacating district court order denying authority to enter into royalty agreements with equipment manufacturers; dissenting opinion of Judge Williams would have granted additional relief).

United States v. Western Electric Co., 154 F.R.D. 1 (D.D.C. 1994), aff’d, 46 F.3d 1198 (D.C. Cir. 1995) (successful request on behalf of Ameritech Corporation to impose prophylactic conditions on merger between AT&T and McCaw Communications).

United States v. Western Electric Co., 1995-1 Trade Cas. (CCH) ¶ 70,973 (D.D.C. 1995) (successful request on behalf of Ameritech Corporation to offer long-distance cellular telephone services, notwithstanding the line-of-business restrictions in the AT&T consent decree).

United States v. Western Electric Co., No. 81-0192 (D.D.C. 1995) (successful request on behalf of Ameritech Corporation to offer long-distance alarm monitoring services, notwithstanding the line of business restrictions in the AT&T consent decree).

Michigan Bell Telephone Co. v. Engler, 257 F.3d 587 (6th Cir. 2001) (successful brief in support of preliminary injunction enjoining Michigan statute reducing rates of regulated telephone carriers on due process grounds).

AT&T of Illinois v. Illinois Bell and Ameritech, 349 F.3d 402 (7th Cir. 2003) (partially successful brief and argument for SBC Illinois defending constitutionality of state telecommunications reform law).  The Seventh Circuit’s mandate in this case caused the Illinois Commerce Commission to increase SBC’s loop rates by over 30%.  See 2004 WL 137314 (ICC June 9, 2004).

Mpower Communications Corp. v. Hurley, 457 F.3d 625 (7th Cir. 2006) (successful brief for Illinois Bell Telephone Company addressing generic wholesale rate issues).

Illinois Bell Telephone Co. v. O'Connell-Diaz, 2006 WL 2796488 (N.D. Ill. Sept. 28, 2006), aff'd sub nom. Illinois Bell Telephone Co. v. Box, 548 F. 3d 607 (7th Cir. 2008) (successful brief for Illinois Bell Telephone Company on unbundling and preemption issues).

Illinois Bell Telephone Co. v. Village of Itasca, 503 F. Supp. 2d 928 (N.D. Ill. 2007) (successful brief for Illinois Bell Telephone Company urging preemption of local ordinances interfering with deployment of internet protocol services).

Silvernail v. Ameritech Corporation and Ameritech Pension Plans, 439 F.3d 355 (7th Cir. 2006) (successful appeal defending employer’s right to withhold non-vested pension benefits under ERISA).

Ameritech Corporation v. International Brotherhood of Electrical Workers, Local 21, AFL-CIO, 543 F.3d 414 (7th Cir. 2008) (successful brief for Ameritech Corporation seeking vacation of arbitration award requiring reinstatement of laid-off employees).

Little Rock Cardiology Clinic v. Arkansas Blue Cross and Blue Shield, ___ F.3d ___ (8th Cir. 2009) (successful brief for Arkansas Blue Cross and Blue Shield seeking affirmance of dismissal of complaint in health services monopolization case).

United Phosphorus v. Angus Chemical Company, 322 F.3d 942 (7th Cir. 2003) (en banc), cert. denied, 124 S. Ct. 533 (2004) (successful brief leading to dismissal under the Foreign Trade Antitrust Improvement Act of international antitrust case).

Continental Airlines v. United Air Lines, 277 F.3d 499 (4th Cir. 2002) (successful briefs for United Airlines in Sherman Act suit alleging restraint of trade in baggage handling rules in airline industry).

Brunswick Corporation v. Los Angeles Land Co., 6 F.3d 1422 (9th Cir. 1993), cert. denied, 510 U.S. 1197 (1994) (successful argument on behalf of Brunswick Corporation overturning jury verdict in $20,000,000 Sherman Act monopolization case).

In re: Potash Antitrust Litigation, 203 F.3d 1028 (8th Cir.) (en banc), cert. denied, 531 U.S. 815 (2000) (assisted in preparation of briefs in antitrust price fixing case brought against U.S. and Canadian potash industry leading to en banc decision requiring entry of judgment for all defendants).

In re: Citric Acid Litigation, 191 F.3d 1090 (9th Cir. 1999), cert. denied, 529 U.S. 1037 (2000) (assisted in preparation of briefs in antitrust price fixing case brought against citric acid producers leading to entry of judgment for all defendants).

United States v. Microsoft, 253 F.3d 34 (D.C. Cir. 2001) (en banc) (successful amicus brief for Software & Information Industry Association and Computer & Communications Industry Association addressing Sherman Act monopolization issues).

In re: High Fructose Corn Syrup Antitrust Litigation, 295 F.3d 651 (7th Cir. 2002) (unsuccessful argument on behalf of Cargill, ADM, Staley and Maize Corp. in price fixing case; court overturned summary judgment for defendants but adopted alternative procedure for expedited resolution or settlement) (case favorably settled on remand).

Cavalier Telephone, LLC v. Verizon Virginia, Inc., 330 F.3d 176 (4th Cir. 2003), cert. denied, 124 S. Ct. 1144 (2004) (successful amicus brief for BellSouth and SBC Communications in Sherman Act monopolization case).

Covad v. BellSouth Corp., 299 F.3d 1272 (11th Cir. 2002) (co-counsel on briefs for BellSouth in Sherman Act suit for alleged monopolistic interconnection practices; court reversed dismissal order and required case to proceed to summary judgment stage).  We successfully petitioned the Supreme Court to vacate this decision.  124 S. Ct. 1143 (2004).

In the Matter of Evanston Northwestern Healthcare Corporation,  2007 WL 2286195 (FTC Aug. 6, 2007) (successful brief before the Federal Trade Commission filed on behalf of defendant hospitals opposing divestiture order under Section 7 of the Clayton Act).

Central Illinois Light Co. v. Citizens Utility Board, 827 F.2d 1169 (7th Cir. 1987) (successful argument challenging constitutional validity under First Amendment of consumer information program of Illinois Citizens Utility Board).

Wood v. General Motors Corp., 865 F.2d 395 (1st Cir. 1988), cert. denied, 494 U.S. 1065 (1990); Pokorny v. Ford Motor Co., 902 F.2d 1116 (3d Cir. 1990); Kitts v. General Motors Corp., 875 F.2d 787 (10th Cir. 1989); Gardner v. Honda Motor Co., 536 N.Y.S.2d 303 (N.Y. App. Div.), appeal dismissed, 543 N.Y.S.2d 401 (1988); Taylor v. General Motors Corp., 875 F.2d 815 (11th Cir. 1989); Wickstrom v. Maplewood Toyota, 416 N.W.2d 838 (Minn. Ct. App. 1987), cert. denied, 487 U.S. 1236 (1988) (successful amicus curiae submissions on behalf of the Motor Vehicle Manufacturers Association and the Product Liability Advisory Council seeking preemption of “airbag” tort claims).  The airbag preemption theory first set forth in these amicus briefs was later approved by the Supreme Court in Geier v. American Honda Motor Co., 529 U.S. 861 (2000).

United States v. General Motors Corp., 841 F.2d 400 (D.C. Cir. 1988) (successful amicus curiae brief in regulatory proceeding leading to vindication of GM X-Car).

Public Citizen v. Steed, 851 F.2d 444 (D.C. Cir. 1988) (successful amicus curiae brief on behalf of Ford, Chrysler and General Motors in defense of NHTSA passenger restraint regulation).

Sprietsma v. Mercury Marine, 197 Ill. 2d 112 (Ill. S. Ct. 2001) (successful brief and argument for Mercury Marine asserting preemption of tort claims under federal Boat Safety Act and overcoming contrary arguments advanced by the Solicitor General of the United States.)

Saturn Distribution Corp. v. Williams, 905 F.2d 719 (4th Cir. 1990), cert. denied, 498 U.S. 983 (1990) (successful appeal on behalf of Saturn Corporation seeking preemption of Virginia dealer legislation under Federal Arbitration Act).

Michael Lyons and the Better Government Assn, on behalf of and for the State of Illinois v. George H. Ryan, 201 Ill. 2d 529 (Ill. S. Ct. 2002) (successful amicus brief on behalf of former Attorney General opposing private litigation filed against Illinois Governor).

Melcher v. Federal Open Market Committee, 836 F.2d 561 (D.C. Cir. 1987) (special counsel for FOMC in successful appeal limiting standing of Congressmen to challenge actions of FOMC).

Children’s Healthcare v. Kong, 341 F.3d 1132 (9th Cir. 2003) (successful brief and argument for First Church of Christ, Scientist on Establishment Clause issue).

Children’s Healthcare is a Legal Duty, Inc. v. Donna Shalala, Secretary of the Department of Health and Human Services, 212 F.3d 1084 (8th Cir. 2000), cert. denied, 121 S. Ct. 1483 (2001) (successful briefs in Establishment Clause litigation upholding Medicare and Medicaid reimbursement of services provided by church-affiliated nursing organizations).

Christina Axson-Flynn v. Xan Johnson, 356 F.3d 1277 (10th Cir. 2004) (successful brief for plaintiff challenging university academic policy on First Amendment grounds).

Roberts v. American Airlines, 526 F.2d 757 (7th Cir. 1975), cert. denied, 425 U.S. 951 (1976) (successful summary judgment motion and appeal in reparations case seeking $100,000,000 in damages from major air carriers).

Air Canada et al. v. United States Department of Transportation, 148 F.3d 1142 (D.C. Cir. 1998) (unsuccessful argument on behalf of joint air carriers in air terminal financing dispute).

Wisconsin Truck Center Inc. v. Volvo White Truck Corp., 894 F.2d 1338 (7th Cir. 1990), Mid-State Truck Service v. Volvo GM Heavy Truck Corp., 894 F.2d 1339 (7th Cir. 1990), and Central GMC v. General Motors Corp., 946 F.2d 327 (4th Cir. 1991) (successful amicus curiae submissions for the Motor Vehicle Manufacturers Association advocating flexibility for product manufacturers to discontinue unprofitable line of heavy-duty trucks).

Noller v. General Motors Corp., 772 P.2d 271 (Kan. S. Ct. 1989) (successful brief on behalf of General Motors narrowly defining third-party beneficiary doctrine in automobile dealer litigation).

Oak Brook Bank v. The Northern Trust, 256 F.3d 638 (7th Cir. 2001) (successful brief and argument on behalf of Northern Trust Company in inter-bank dispute under Expedited Funds Availability Act).

Nussbacher v. Continental Illinois National Bank, 61 F.R.D. 399, 403 (N.D. Ill. 1973), reversed, 518 F.2d 873 (7th Cir. 1975), separate trial ordered (N.D. Ill. April 22, 1976), mandamus denied (7th Cir. June 25, 1976) (successful motion to litigate business judgment defense in derivative suit prior to trial on the merits, leading to favorable settlement).

O’Brien v. Continental Illinois National Bank and Trust Company, 431 F. Supp. 292 (N.D. Ill. 1977), vacating CCH Fed. Sec. L. Rep. Par. 94,565 (N.D. Ill. 1974), affirmed, 593 F.2d 56 (7th Cir. 1979) (successful motion to dismiss complaint in securities class action case seeking over $30,000,000).

Estate of John Pirie v. Northern Trust Co., 141 Ill. App. 3d 750 (2d Dist. 1986) (successful argument overturning jury verdict and limiting duties of estate executor to diversify investment portfolio).

Delcon Group Inc. v. Northern Trust Corp., 187 Ill. App. 3d 635 (2d Dist. 1989), leave to appeal denied, 128 Ill. 2d 672 (1989) (successful argument overturning jury verdict and narrowly construing cause of action for oral commitment to lend funds).

Encyclopaedia Britannica v. Federal Trade Commission, 87 F.T.C. 421 (1976) (modification of order of administrative law judge), affirmed, 605 F.2d 964 (7th Cir. 1979) (Wood, J., dissenting) (unsuccessful appeal in unfair trade practice proceeding; matter later settled with the FTC).

Hubbard Chevrolet v. General Motors Corp., 873 F.2d 873 (5th Cir. 1989) (successful argument on behalf of General Motors Corporation overturning jury verdict and narrowly construing doctrine of “good faith” in franchise litigation).

People of State of Illinois v. Kohrig, 113 Ill. 2d 384 (1986) (successful amicus curiae submission in Illinois Supreme Court defending constitutionality of mandatory seatbelt legislation).

SABA Partnership v. Commissioner of Internal Revenue, 273 F.3d 1135 (D.C. Cir. 2001) (special appellate counsel to Brunswick Corp. in successful tax appeal concerning deductibility of limited partnership investments).

Hicks v. MIC Life Ins. Corp. and General Motors Acceptance Corp., No. 95-7-89 (Miss. Cir. Ct. 1998) (successful post-trial motion reducing punitive damage award by $30,000,000).

Mulvey v. Chrysler Corp., 106 F.R.D. 364 (D.R.I. 1985) (successful application to quash deposition of Chrysler Chairman Lee Iacocca and limit situations in which corporate CEOs may be deposed).

Gerling Global Reinsurance Corp. of America v. Garamendi, 400 F.3d 803 (9th Cir. 2005) (successful briefs for plaintiff insurance companies seeking over $4,000,000 in attorneys’ fees against State of California after invalidating state insurance statute on federal constitutional grounds).

Bielenberg v. First Nat. Bank of Sioux City, No. C-86-4072 (N.D. Iowa 1987) (successful oral argument leading to dismissal of $100,000,000 RICO suit).

Pick v. Continental Bank, No. 73-L-32 (Cook County Cir. Ct., Chancery Division 1977) (successful oral argument in support of motion to dismiss $10,000,000 class action claims in case alleging conflict of interest in trust investments).

Stern v. Continental Illinois National Bank, No. 73 C 777 (N.D. Ill. 1973) (successful briefs in support of motion to strike class action allegations in multi-million dollar securities case).

Esmark, Inc. v. Campbell, No. 83-1481-C (D.S.C. 1983); Esmark, Inc. v. Norton Simon, Inc., No. 83-408 (D.Del. 1983); Quaker Oats v. Levinson, No. 86-449 (D. Del. 1986) (successful motions for injunctions on Commerce and Supremacy Clause grounds against application of state takeover laws to nationwide tender offers).

MECO v. Wold, No. 83-K-1068 (D. Colo. 1984) (successful motion for summary judgment in complex proxy fraud litigation).

FMC Corp. v. Brown, 526 N.E.2d 719 (Ind. Ct. App. 1988), 551 N.E.2d 444 (Ind. 1990) (successful appeal overturning jury verdict in product liability case followed by adverse supreme court ruling reinstating verdict).

In re: Ford Motor Company, No. 85-2317 (8th Cir. 1985) (successful petition for mandamus protecting documents entitled to the attorney “work product” privilege).

Old Security Life Ins. Co. v. Continental Bank, 740 F.2d 1384 (7th Cir. 1984) (unsuccessful appeal from jury verdict imposing liability for unauthorized funds transfer).

Security Mutual v. Swift, No. 72 C 2039 (N.D. Ill. 1977) (successful briefs in support of motion to dismiss $80,000,000 securities fraud claim in corporate mismanagement case).

In re Multidistrict Vehicle Air Pollution Antitrust Litigation, 481 F.2d 122 (9th Cir. 1973) (successful briefs on antitrust standing issues).

In re Initial Public Offering Securities Litigation, No. 04-8026 (2d Cir. June 30, 2005) (successful petition for interlocutory review of class certification rulings in 309 initial public offering securities fraud suits).

United States v. Philip Morris USA Inc., 396 F.3d 1190 (D.C. Cir. 2005), cert. denied, 126 S. Ct. 478 (2005) (certiorari consultant to tobacco company defendants; successful opposition to government demand for disgorgement of $290 billion under RICO statute).

Norman Law v. NCAA, No. 97-2004 (10th Cir.) (scheduled argument for NCAA in $70 million Sherman Act class action lawsuit) (case favorably settled prior to submission to court of appeals).

Intermedia Communications v. BellSouth, No. 01-10224 (11th Cir.) (brief and scheduled argument for BellSouth in Sherman Act suit for alleged monopolistic interconnection practices) (case favorably settled prior to oral argument).

Cities Service Company v. Gulf Oil Corporation, 980 P.2d 116 (Okla. S. Ct. 1999) (briefs for Gulf Oil Corporation in $1 billion corporate merger case) (case favorably settled on our petition for certiorari).

Anderson v. General Motors, No. B135147 (Cal. App.) (amicus brief for Chamber of Commerce challenging $1 billion punitive damages award) (case favorably settled on appeal).

In re Worldcom, Inc. Securities Litigation, No.  03-9350 (2d Cir.) (amicus brief for Securities Industry Association opposing certification of class and presumption of reliance in securities litigation aimed at analyst reports) (case favorably settled on appeal).

Tribune Co. v. Commissioner of Internal Revenue, No.  06-3482 (7th Cir.) (brief and scheduled oral argument for Tribune Co. defending tax-free status of corporate reorganization) (billion dollar tax dispute favorably settled on appeal).

McReynolds v. Merrill Lynch, ___ F.Supp 2d ___ (N.D. Ill.) (brief for Merrill Lynch in opposition to class certification in nationwide race discrimination case) (pending).

Asarco LLC v. Americas Mining Corp., ___ F.3d ___ (5th Cir.) (appeal for Americas Mining Corp. defending sale of business against fraudulent conveyance and breach of fiduciary duty claims) (pending).

Las Vegas Sands, Inc. v. Suen, ___ Nev. ___ (Nevada S. Ct.) (brief for Las Vegas Sands in quantum meruit action arising from opening of new casino in Macau) (pending).

REPRESENTATIVE LEGISLATIVE AND ADMINISTRATIVE PROCEEDINGS

Testimony submitted on behalf of American Bankers Association before House Judiciary Committee on H.R. 2617, 2839 and 3511 leading to passage of the Bank Bribery Amendments Act of 1985, 100 Stat. 779.

Testimony submitted on behalf of Citicorp before House Judiciary Committee on H.R. 1942 in support of interstate banking reform legislation (1985).  Congress passed legislation granting full geographical relief to banks in the Interstate Banking Efficiency Act of 1994, 108 Stat. 2338.

Testimony submitted on behalf of New York Clearing Association before House Judiciary Committee on H.R. 2517 and 2943 in support of RICO reform legislation (1985).

Testimony before American Bar Association House of Delegates in opposition to proposed Mass Tort legislation (1990).

Testimony submitted on behalf of regional Bell Telephone Companies before Senate Judiciary Committee on S. 173 in support of telecommunications reform legislation (1991).

Written analysis submitted on behalf of First Church of Christ, Scientist, in support of passage of § 4454 of the Balanced Budget Act of 1997, Pub. L. 105-32 (Aug. 5, 1997), which provides for Medicare and Medicaid reimbursement of costs incurred in nursing facilities by patients who receive spiritual care for health conditions.

Rule-making petition to Comptroller of the Currency leading to promulgation of regulations governing insider trading problems of national banks.  Rule-Making Proceeding -- Inside Information Problems, 41 Fed. Reg. 37812 (1976), 42 Fed. Reg. 56338 (1977), 43 Fed. Reg. 6759 (1978); 12 C.F.R. 9.7(d).

Rule-making petition to Comptroller of the Currency leading to promulgation of standard authorizing covered option trading by national bank fiduciaries.  Comptroller of the Currency Trust Banking Circular 2 (July 2, 1974); Trust Banking Circular TBC-2 (Rev. Dec. 19, 1979).

Application to Federal Reserve Board leading to approval of acquisition of leading mortgage banking firm by city’s largest commercial bank.  Continental Illinois Corporation -- Republic Realty Mortgage Company, 38 Fed. Reg. 32844-32845 (1973).

Written comments of Motor Vehicle Manufacturers Association to Environmental Protection Agency on Proposed Motor Vehicle Evaporative Emission Standards.  52 Fed. Reg. 31161, 31273 (1987).  Following a two-year rulemaking proceeding, Congress prescribed governing standards in Section 202(a)(6) of the Clean Air Act Amendments of 1990, 42 U.S.C. 7521(a)(6).

Antitrust advisor to Ameritech in SBC-Ameritech merger.  Merger approved by FCC, In re Applications of Ameritech Corp., 1999 WL 809551 (FCC Oct. 6, 1999).

Antitrust counsel to computer companies advocating structural relief before U.S. Department of Justice and State Attorneys General in United States v. Microsoft, 97 F. Supp. 2d 59 (D.D.C. 2000) (ordering divestiture relief), aff’d in part and rev’d in part, 253 F.3d 34 (D.C. Cir. 2001) (en banc).

ARGUMENT RECORDINGS AND TRANSCRIPTS AVAILABLE ON THE WEB

• Recordings and transcripts of Supreme Court and appellate arguments presented by Steve Shapiro can be accessed through the following website: 
  http://www.appellate.net/attorneys/attorney_arguments.asp?id=17&gif=shapiro.gif&dir=shapiro&type=1
• Additional argument transcripts are accessible through Lexis-Nexis by persons having a Lexis account at:

• Amchem Products v. Windsor
• Hartford Fire Ins. v. California
• Virginia Bankshares v. Sandberg
• American Trucking v. Scheiner
• Northeast Bancorp. v. Bd. of Governors of Federal Reserve System
• Keeton v. Hustler
• Falls City v. Vanco
• American Soc. of Mech. Engrs. v. Hydrolevel Corp.
• Edgar v. MITE
• Arizona v. Maricopa County Med.
• CBS v. FCC
• Rubin v. United States
• Bd. of Governors of Fed. Reserve v. Investment Co.    
• United States v. California
• Chiarella v. United States
• Sprietsma v. Mercury Marine
• Empagran, S.A. v. F. Hoffmann La Roche Ltd.
• Ballard v. Commissioner of Internal Revenue
• Credit Suisse v. Billing
• Stoneridge v. Motorola and Scientific-Atlanta
• Philip Morris v. Williams

Education 

Yale Law School, JD, 1971; Board of Editors, Yale Law Journal • Yale University, BA magna cum laude, 1968; Phi Beta Kappa; Honors with Exceptional Distinction • Litigation training, National Institute for Trial Advocacy; Lane Trial Technique Clinic • Industrial Organization Studies, U.S. Dept. of Justice, UCLA, University of Chicago.

Admitted

• Illinois
• District of Columbia
• U.S. District Court, Northern District of Illinois (trial bar)
• U.S. Supreme Court
• All U.S. Circuit Courts of Appeals