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Mayer Brown

1999 K STREET, NW, WASHINGTON, DC 20006-1101, USA
Tel:
Work +1 202 263 3000
Fax:
Fax +1 202 263 3300
Email:
Web:
www.mayerbrown.com

Evan Tager

Tel:
Work +1 202 263 3240
Email:
Mayer Brown

Work Department

Litigation

Position

Evan Tager is a member of the Supreme Court & Appellate practice in Mayer Brown’s Washington, DC office and serves as one of five co-leaders of the firm’s worldwide Litigation practice. Identified by Chambers USA as one of America’s leading appellate lawyers for the past eight years, and profiled by Legal Times as a leading appellate lawyer, Evan has been integrally involved in a range of issues of paramount importance to the business community, including punitive damages, class certification standards, admissibility of expert testimony, and enforceability of arbitration agreements. In April 2014, Evan was elected to the American Law Institute, and has joined the Members Consultative Groups for the Restatement Third, Torts: Liability for Economic Harm and the Restatement Third, The Law of Consumer Contracts. In February 2013, International Law Office awarded Evan its Client Choice Award for the Litigation category in Washington, D.C. This award, which is based entirely on client nominations and references, is given to one lawyer per city. According to ILO’s press release, “[c]lients are asked to rate individual lawyers and law firms on the following client service criteria: quality of legal advice, value for money, commercial awareness, effective communication, billing transparency, tailored fee structures, response time, sharing of expertise and use of technology.” One client interviewed by ILO commented that “Evan Tager’s trial and appellate work for my company has facilitated a fundamental positive change in some of the most important legal doctrines impacting businesses.” Another observed that “Evan’s reputation is that of a master strategist and communicator, with top-flight analytical skills and a unique ability to simplify the complex.” And a third said that “Evan brings a value set and open-mindedness that allow him to become a trusted business partner, and he is eager to align his interests with the client’s.” In 2012, The National Law Journal named Evan to its “Champions and Visionaries” list, citing his work helping Cingular Wireless (now AT&T Mobility) create an incentives-based customer arbitration process aimed at reducing the number of class actions the company had to fight and his successful defense of that process at the US Supreme Court. In AT&T Mobility v. Concepcion, the Court ruled that the Federal Arbitration Act preempts states from refusing to enforce arbitration provisions on the ground that they disallow class actions. Recognizing the nearly ten-year duration of Evan’s efforts in this area, The National Law Journal said that “Evan Tager has established himself as one of the great marathon runners in the federal appellate system.” The National Law Journal quoted one of Evan’s clients as saying that his company retained Evan because “[h]is reputation was that of a master strategist and communicator, with top-tier analytical skills and a unique ability to simplify the complex and make sense of confusion. I learned he is that and more. Evan brings a value set and open-mindedness that allow him to become a trusted business partner and is eager to align his interests with the client’s.” Legal Times, in its issue on leading appellate lawyers, said that “[w]hen a major company needs to find a lawyer in a key case involving class certification, punitive damages, or arbitration, there's a good chance it will hire Evan Tager.” “In the past several years,” the publication stated, Evan “has become the go-to attorney in a growing number of cases that matter to big businesses across the United States.” Evan has been listed as a leading lawyer for several years running in Chambers USA, Legal 500, Benchmark Litigation and the Corporate Counsel edition of Super Lawyers. He also has been named as a top lawyer repeatedly in The Washingtonian. The 2009 edition of Legal 500 described Evan as a “professional and ethical thought leader” who is “responsive, committed to shared goals, and fair-minded.” Evan has filed hundreds of briefs on issues of importance to the business community in the United States Supreme Court and in lower courts throughout the country. One of Evan’s clients told Chambers USA that, as a briefwriter, Evan “deploys a grasp of language and argument that is a marvel to behold.” Also according to Chambers USA, Evan is “‘smart and adept,’ he is praised by clients for his ‘ability to focus on the details at the same time as keeping his eye on the bigger picture.’” Evan has argued cases in the US Supreme Court, the First, Second, Third, Fourth, Fifth, Sixth, Ninth, and Eleventh Circuits, the DC Court of Appeals, the California Court of Appeal, the Illinois Appellate Court, the Illinois Supreme Court, the Washington Supreme Court, the West Virginia Supreme Court of Appeals, and numerous state and federal trial courts. In addition, he has published extensively on the subjects of appellate advocacy, punitive damages, class actions, and expert testimony, among other things, and has participated frequently on panels devoted to punitive damages and class actions. Evan received his AB, magna cum laude from Princeton University in 1982 and his JD in 1985 from Stanford Law School, where he was Articles Editor of the Stanford Law Review and winner of the Board of Editors Award for Outstanding Editorial Contribution to the Stanford Law Review. Following law school, he served as a law clerk to Judge Mary M. Schroeder in the Ninth Circuit. Evan is a regular contributor to Class Defense, the firm’s blog on key issues affecting class action law and policy.

Education

Princeton University, AB, magna cum laude 1982 Stanford Law School, JD 1985 Articles Editor, Law Review


United States: Dispute resolution

Appellate

Within: Appellate

‘Gold standard advice’ attracts the most complex mandates at Mayer Brown’s ‘outstanding’ team of ‘superstars, who think beyond the case to see the big picture and plan for it’. The group houses ‘exceptional partners, whose high-octane brain power provides actionable solutions and competitive business advantage’. Andrew Pincus, whose ‘oral advocacy and strategic acumen are unsurpassed’, argued for the petitioner in Impression Products, Inc. v Lexmark International, Inc, the US Supreme Court patent infringement appeal; Paul Hughes was also part of the team, which secured a 7-1 victory. A team led by Pincus obtained another 7-1 judgment in the US Supreme Court in Kindred Nursing Centers Limited Partnership v Clark, also acting for the petitioner. Evan Tager ‘has a jeweler’s eye for legal issues, sees things that no one else does, and communicates them to courts as no one else can’. Both Brian Netter and Michael Kimberly ‘produce jaw-droppingly good work and are a joy to work with’. Charles Rothfeld is also recommended.

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General commercial disputes

Within: General commercial disputes

At ‘outstanding’ firm Mayer Brown, ‘the lawyers are all superb, with great depth, including at the associate level’. The team has an impressive track record representing leading technology companies in antitrust, privacy and class action cases; Edward Johnson, Lee Rubin and Donald Falk in Palo Alto, the ‘very professional’ John Nadolenco in Los Angeles and New York-based Lauren Goldman have been taking key roles in such high-stakes cases. The firm’s highly regarded appellate practice is another distinguishing feature. Key contacts in Washington DC include Reginald Goeke, ‘brilliant strategist and counselorEvan Tager and Archis Parasharami, who has a ‘calming presence’. Highly experienced litigator Lori Lightfoot is based in Chicago.

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United States: Industry focus

Environment: litigation

Within: Environment: litigation

Mayer Brown’s ‘service is extremely good’. The team acts in high-stakes matters, such as air enforcement cases involving the CAA New Source Review program, criminal environmental prosecutions, and major development projects. It represented several industry groups in challenging the legality of the EPA’s new regulation defining the waters of the US. The team also defended CSX Transportation in several environmental tort lawsuits that alleged personal injuries and property damage resulting from the 2012 derailment of a Conrail train. The practice’s co-chairs are Chicago-based Richard Bulger, who acts for clients in the chemical, utility, scrap metal, railroad, and ranching industries, and Mark Ter Molen, whose experience includes toxic tort trials and appeals, as well as putative class actions. Also in Chicago, Timothy Bishop has substantial experience in environmental and land use litigation; in Washington DC, ‘the extremely knowledgeableJohn Hahnalways has the client’s best interests at heart’; and Dan Himmelfarb and Evan Tager, and counsel Roger Patrick, are also widely praised.

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Transport: rail and road - litigation

Within: Leading lawyers

Evan Tager - Mayer Brown

Within: Transport: rail and road - litigation

The Washington DC-based team at Mayer Brown specializes in appellate work for major railroad companies and has played a major role in the development of precedent concerning railroad tort liability. Indeed, Evan Tager is leading a team defending CSX Transportation in more than 25 environmental tort claims arising from the derailment of a train carrying chemical cargo. Senior counsel Adrian Steel and counsel Peter Denton are representing BNSF Railway Company in a high-value dispute with Union Pacific Railroad Corporation concerning the allocation of costs associated with certain tracking rights agreements between the two parties. Andrew Tauber is involved in an environment-related claim concerning federal pre-emption.

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Transport: rail and road - regulation

Within: Transport: rail and road - regulation

With dedicated specialists in the rail and road sectors, Mayer Brown is often involved in legislative and rulemaking procedures and advises railroads, auto manufacturers and tech companies on the most pressing industry regulations. Acting for CSX Transportation, Andrew Tauber and Evan Tager successfully advocated against proposed legislation that would have prohibited one-person train crews. Senior counsel Adrian Steel led a team assisting BNSF Railway with the exercise of its access rights to a rail line jointly owned by Union Pacifc and Kansas City Southern Railway. The auto group, which includes Linda Rhodes, has expertise in cybersecurity and traffic safety issues. Erika Jones is another key contact, and Los Angeles-based partners Philip Recht and Andrew Kugler have experience in driverless car projects.

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