Melissa Arbus Sherry > Latham & Watkins LLP > San Francisco, United States > Lawyer Profile
Latham & Watkins LLP Offices

505 MONTGOMERY STREET
SUITE 2000
SAN FRANCISCO, CA 94111-6538
CALIFORNIA
United States
- Firm Profile
- Go to...
Melissa Arbus Sherry

Position
Melissa Arbus Sherry, a former Assistant to the Solicitor General of the United States and former Deputy Managing Partner of the Washington, D.C. office, focuses primarily on appeals in the Supreme Court of the United States, the United States Courts of Appeals, and state appellate courts.
Melissa represents a full spectrum of clients in high-stakes appellate litigation across the country. She has argued 12 cases in the United States Supreme Court and multiple cases in the First, Second, Third, Fifth, Seventh, Ninth, and Eleventh Circuits, among other courts.
She served five years as an Assistant to the Solicitor General of the United States. In that role, she represented the United States before the Supreme Court, oversaw the government’s litigation in federal appellate courts, and worked with and across federal government agencies and components within the Department of Justice.
Melissa represents clients in a wide range of areas, including intellectual property, securities, arbitration, healthcare, tax, communications, white collar, and complex commercial litigation. She excels at distilling and framing complex legal issues through compelling written and oral advocacy.
According to a 2018 Law360 article, Melissa is one of the 10 most experienced women advocates before the Supreme Court, based on the number of cases argued over the past 10 Terms. Some of her notable arguments included:
-
- POM Wonderful LLC v. The Coca-Cola Co.
- Bowman v. Monsanto
- Amgen, Inc. v. Connecticut Retirement Plans & Trust Funds
- CSX Transportation v. Alabama Department of Revenue
Melissa has also drafted more than a hundred briefs before the Supreme Court. She has briefed dozens of cases in federal and state appellate courts. And she has judged hundreds of moot courts for internal and external clients, as well as for organizations such as the US Chamber of Commerce and the National Association of Attorneys General.
She served as a law clerk to Justice John Paul Stevens, and to Judge Diana Gribbon Motz on the Fourth Circuit.
Industry and Community Leadership
Melissa is on the Board of Advisors of the Institute of Judicial Administration at NYU School of Law. She is a member of the Edward Coke Appellate Inn of Court. And she serves on the US Chamber of Commerce’s Constitutional Law and Federal Courts Amicus Committee and as a Vice Chair of Latham’s Associates Committee.
She has been featured in media outlets such as the PBS NewsHour, Bloomberg, and the Washingtonian. And she speaks often to industry groups, lawyers, and judges about the Supreme Court and appellate advocacy.
Lawyer Rankings
United States > Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)
(Leading partners)The practice group at Latham & Watkins LLP is well-versed in handling high-profile appellate and Supreme Court mandates, as demonstrated by its recent success securing affirmance of a summary judgment victory for The Home Depot in an Eleventh Circuit appeal implicating two significant issues of ERISA law. Former US Solicitor General Gregory Garre
draws on extensive experience in appellate litigation involving constitutional, statutory, and regulatory matters. Garre recently secured a unanimous victory in the US Court of Appeals for the Fifth Circuit on behalf of Texas-based LNG export project developer Tellurian Inc. Noted litigator Roman Martinez,leads the team, and recently scored an appellate victory for Los Angeles County Employees Retirement Association in its lawsuit against LA County. An additional highlight saw key contact Melissa Arbus Sherry argue on behalf Advocate Christ Medical Center in the US Supreme Court. Also noted are Michael Bern, who has experience litigating complex disputes spanning constitutional issues, administrative law, trade secrets, securities, and aviation law; and New York-based Samir Deger-Sen, who led the firm’s efforts which led to the Delaware Supreme Court affirming a motion to dismiss a $300m complaint against Edwards Lifesciences. All named attorneys are based in Washington, D.C. unless otherwise stated.
Lawyer Rankings
- Appellate: courts of appeals / Appellate: supreme courts (states and federal) United States > Dispute resolution
- Leading partners United States > Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)
Top Tier Firm Rankings
- Insurance > Advice to policyholders
- Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)
- Finance > Capital markets: debt offerings
- Finance > Capital markets: equity offerings
- Finance > Capital markets: global offerings
- Finance > Capital markets: high-yield debt offerings
- Antitrust > Cartel
- International trade and national security > CFIUS
- Antitrust > Civil litigation/class actions: defense
- Finance > Commercial lending
- Finance > Commercial lending: Advice to bank lenders
- Intellectual property > Copyright
- Media, technology and telecoms > Cyber law (including data privacy and data protection)
- Labor and employment > Employee benefits, executive compensation and retirement plans: transactional
- Energy > Energy transactions: electric power
- Energy > Energy transactions: oil and gas
- Environment > Environment: litigation
- Environment > Environment: regulatory
- Environment > Environment: transactional
- Finance > Fintech
- Dispute resolution > General commercial disputes
- Real estate > Land use/zoning
- Intellectual property > Patents: licensing
- Healthcare > Life sciences
- Dispute resolution > M&A litigation: defense
- M&A/corporate and commercial > M&A: large deals ($1bn+)
- Media, technology and telecoms > Media and entertainment: litigation
- Media, technology and telecoms > Media and entertainment: transactional
- Antitrust > Merger control
- International trade and national security > National Security
- Intellectual property > Patents: licensing
- Intellectual property > Patents: licensing
- Intellectual property > Patents: litigation (full coverage)
- Intellectual property > Patents: litigation (International Trade Commission)
- M&A/corporate and commercial > Private equity buyouts: large deals ($500m+)
- Dispute resolution > Product liability, mass tort and class action - defense: consumer products (including tobacco)
- Dispute resolution > Product liability, mass tort and class action - defense: toxic tort
- Finance > Project finance
- Real estate > Real estate
- Real estate > Real estate investment trusts (REITs)
- Energy > Renewable/alternative power
- Finance > Restructuring (including bankruptcy): corporate
- Dispute resolution > Securities litigation: defense
- M&A/corporate and commercial > Shareholder activism
- Industry focus > Sport
- Finance > Structured finance: derivatives and structured products
- Finance > Structured finance: securitization
- Media, technology and telecoms > Technology transactions
- Media, technology and telecoms > Telecoms and broadcast: regulatory
- Media, technology and telecoms > Telecoms and broadcast: transactions
- Intellectual property > Trade secrets (litigation and non-contentious matters)
- Tax > US taxes: contentious
- Tax > US taxes: non-contentious
- M&A/corporate and commercial > Venture capital and emerging companies
Firm Rankings
- M&A/corporate and commercial > Corporate governance
- International trade and national security > Customs, export controls and economic sanctions
- Industry focus > Education
- Energy > Energy regulation: electric power
- Energy > Energy regulation: oil and gas
- Government > Government contracts
- Insurance > Insurance: non-contentious
- Dispute resolution > International litigation
- Dispute resolution > Leading trial lawyers
- Investment fund formation and management > Private equity funds (including venture capital)
- Dispute resolution > Financial services litigation
- Healthcare > Health insurers
- Media, technology and telecoms > Outsourcing
- Healthcare > Service providers
- Dispute resolution > International arbitration
- Dispute resolution > Leading trial lawyers
- Intellectual property > Trademarks: litigation
- Dispute resolution > Leading trial lawyers
- Finance > Financial services regulation
- Finance > Commercial lending > Advice to direct lenders/private credit
- Dispute resolution > Corporate investigations and white-collar criminal defense