Massey & Gail LLP

Leonard Gail

Lenny has over three decades of experience in civil and criminal matters involving a wide range of trial, other litigation and counseling services. As a Founding Partner of Massey & Gail, and as a Partner with Bartlit Beck, he has led teams working on complex matters nationwide. As Deputy General Counsel and Senior Vice President at Bank One (a Fortune 100 diversified financial services company later acquired by JP Morgan Chase), he managed a wide array of practice groups and served as the Law, Compliance and Government Relations Department’s Chief Financial Officer, with a $100 million-plus budget. And as an Assistant United States Attorney, he directed investigations and led trial teams, including on multi-million-dollar corporate fraud matters. He has taken to trial or argued on appeal dozens of sizeable matters covering a variety of substantive legal areas. Representative cases have involved antitrust, banking, bankruptcy, constitutional, contract, employment, environmental, ERISA, fraud, labor, patent, product liability, professional malpractice, real estate, regulatory, securities, and technology issues.

Marc A. Goldman

Marc Goldman has over 25 years of experience as a commercial litigator. From 1994 through February 2015, he worked at Jenner & Block, where he became an equity partner in 2002. Marc has handled a wide array of complex commercial matters (both individual disputes and class actions) including securities, contract, patent, attorney malpractice and constitutional disputes. He has deep experience in competition and technology issues. He advises a major financial institution on the relationship of banks to data aggregators and on the potential vulnerability of technology companies to antitrust challenges. He previously spent many years litigating competition issues growing out of the Telecommunications Act of 1996. Marc has represented clients in regulatory proceedings and related litigation in areas that include telecommunications, securities, and energy. His work spans agency enforcement actions, challenges to rulemakings, and litigation between commercial actors substantially impacted by regulatory regimes. For example, he served as national counsel to a major telecommunications carrier in more than a dozen high stakes cases concerning regulatory arbitrage schemes—cases that he litigated before the FCC, district courts, and courts of appeal and that all resulted in dismissals or favorable settlements. An experienced appellate lawyer, Marc has filed more than fifteen Supreme Court briefs and maintains an active appellate practice. In 2020, the Supreme Court delivered a victory to Marc’s client who challenged the government’s refusal to make “risk-corridor” payments to certain insurers that participated in the first health-care exchanges under the Affordable Care Act. His current cases include a 10th Circuit case in which he was brought in to challenge a federal district court decision finding his client had no trademark rights, and representation of a national drug distributor helping to challenge a state opioid statute with multiple troublesome features. Driven by a long-standing commitment to pro bono work, Marc has brought his legal expertise to bear for underserved groups and individuals. Currently, Marc is advocating on behalf of two unions to help defend antidiscrimination regulations applicable to government contractors. His previous pro bono work includes class actions on behalf of public housing residents that resulted in significant consent decrees, a habeas action on behalf of the second Guantanamo detainee charged with war crimes that helped facilitate a favorable plea agreement, and a successful challenge to a voter purge in Florida on behalf of a coalition of non-profits and individual voters. In the spring of 1999, he served as a visiting professor of constitutional law at the University of Iowa Law School.

Kylie Chiseul Kim

Kylie Chiseul Kim is a partner in the Washington, D.C. office of Massey & Gail LLP. She represents clients in high-stakes trial and appellate litigation, as well as complex proceedings before administrative agencies. Kylie focuses on disputes involving emerging technologies and novel regulatory issues. She has challenged the SEC’s authority over digital assets, prosecuted antitrust claims in technology-driven markets, and represented Amazon’s music streaming business in a rate-setting proceeding before the U.S. Copyright Royalty Board. Her work has been recognized by The American Lawyer as part of its Litigator of the Week series following a Ninth Circuit victory in a federal preemption challenge. Before entering private practice, Kylie clerked for Hon. Charles R. Wilson, U.S. Court of Appeals for the Eleventh Circuit, and Hon. Steven D. Merryday, U.S. District Court for the Middle District of Florida. Kylie earned her J.D. from Harvard Law School, where she served as Captain of the Willem C. Vis International Commercial Arbitration Moot Team, Executive Online Editor of the Harvard International Law Journal, and Article Editor of the Harvard Environmental Law Review.

Jonathan Massey

Jonathan Massey is a founding partner of Massey & Gail and a nationally recognized appellate and strategic litigation lawyer with more than three decades of experience managing high-stakes matters nationwide. Jonathan focuses on complex litigation involving cutting-edge legal questions. He represents clients before trial and appellate courts across the country, including the Supreme Court of the United States. Clients turn to Jonathan for clear legal framing, strategic judgment, and credibility in cases where legal questions will drive the outcome. He also has an extensive practice of counseling clients on sensitive matters outside the litigation context. Jonathan has argued more than 70 cases in federal and state courts, including three before the Supreme Court, and has filed over 90 briefs in the Court. His practice also includes representing clients before the U.S. Department of Justice, Federal Communications Commission, Federal Trade Commission, Environmental Protection Agency, and other agencies, particularly in matters involving overlapping litigation and regulatory risk. His experience spans antitrust, telecommunications, financial services, securities, intellectual property, tax, environmental law, and constitutional issues. His clients include leading corporations, universities, foreign governments, U.S. states, and senior public officials, including former Vice President Al Gore in Bush v. Gore. Jonathan served as a law clerk to Justice William J. Brennan, Jr. of the Supreme Court of the United States and Judge Abner J. Mikva of the U.S. Court of Appeals for the D.C. Circuit. He later served as Deputy Special Counsel to Independent Counsel Lawrence Walsh. While at Harvard Law School, he served as a research assistant to Laurence Tribe and was an editor of the Harvard Law Review. He has taught appellate advocacy and related subjects at Harvard Law School and Georgetown University Law Center and has served as an instructor for the D.C. Bar. He is an elected member of The American Law Institute.

Bret Vallacher

Bret Vallacher is a commercial litigator who represents companies, executives, and government entities in complex disputes and appeals. His experience spans a wide range of matters, including contract, securities, antitrust, employment, trade secret, trademark, deceptive trade practices, fraud, defamation, election law, and constitutional claims. Before joining the firm, Bret served as a Trial Attorney in the Commercial Litigation Branch of the United States Department of Justice, where he represented the United States in federal trial and appellate courts in matters involving breach of contract, constitutional takings, employment disputes, bid protests, and international trade. Earlier in his career, Bret clerked for federal trial and appellate judges and practiced at Boies Schiller Flexner LLP and Jones Day. Bret received his J.D. from Stanford Law School, where he worked in the Stanford Criminal Defense Clinic and served as a judicial extern to the Navy-Marine Corps Court of Criminal Appeals.