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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

Andrew Pincus

Tel:
Work +1 202 263 3220
Email:
Mayer Brown

Work Department

Litigation

Position

Andrew Pincus focuses his appellate practice on briefing and arguing cases in the Supreme Court of the United States and in federal and state appellate courts, as well as on developing legal arguments in trial courts. Andy has argued 23 cases in the Supreme Court of the United States, four of them in the 2010 and 2011 Terms, including AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011). For his victory in Concepcion, Andy was named Litigator of the Week by the American Lawyer and Appellate Lawyer of the Week by The National Law Journal. Andy’s work in Concepcion and successful defense of Chicago Mayor Rahm Emanuel’s right to run for office were cited by the American Lawyer in its article naming Mayer Brown as one of the top six US litigation firms in the 2012 Litigation Department of the Year report. A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year. According to Legal 500, Andy “is an ‘excellent Supreme Court oralist’” (2011) and “is cited by clients as ‘a total superstar’ who is ‘unbelievably smart,’ and who ‘objectively belongs on any list of leaders’” (2008). Chambers USA reports that Andy is “a superb lawyer who is involved in lots of influential cases” (2010) and “is commended for his ‘masterful performances’” before the Supreme Court (2009). Andy's appellate experience has also won him recognition in The Best Lawyers in America (2006-2012). Andy has filed briefs in more than 150 cases in the Supreme Court. His Supreme Court oral arguments are available here. A selection of his appellate briefs is available here. Andy also advises clients on legislative and regulatory matters. In 2011, Andy testified before Congressional committees regarding patent reform legislation, the new Consumer Financial Protection Bureau, and the Supreme Court’s decisions in cases involving businesses. Andy also successfully represented clients in connection with passage of the Private Securities Litigation Reform Act. While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning intellectual property protection, privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection. Before rejoining Mayer Brown, Andy served as General Counsel of Andersen Worldwide S.C. Following law school graduation, Andy was Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982), after which he practiced with another major law firm in Washington. Andy is a contributor to Class Defense, the firm’s blog on key issues affecting class action law and policy.

Education

Yale University, BA, cum laude 1977 Columbia Law School, JD 1981 Notes & Comments Editor, Columbia Law Review James Kent Scholar; Harlan Fiske Stone Scholar


United States: Dispute resolution

Appellate

Within: Leading lawyers

Andrew Pincus - Mayer Brown

Within: Appellate

Acting across a broad spectrum of practice areas, Mayer Brown’s ‘spectacular’ practice is highly recommended for ‘delivering first-class results’. At the US Supreme Court level, in the case of National Association of Manufacturers v Department of Defense, Chicago-based Timothy Bishop and Washington DC-based Michael Kimberly secured a unanimous win for the petitioners, thereby successfully challenging the EPA's definition under a 2015 regulation of the term 'the waters of the United States', which is used in the 1972 Clean Water Act. In a recent success for Weyerhaeuser in Weyerhaeuser Company v United States Fish and Wildlife Service, Bishop presented arguments concerning the interpretation of the 1973 Endangered Species Act before the US Supreme Court, which unanimously vacated the Fifth Circuit’s decision and sent the case back for further review. The ‘diligent, well-prepared and thoughtful’ Paul Hughes successfully argued for R. Scott Appling in proceedings brought by petitioner law firm Lamar, Archer & Cofrin, LLP before the US Supreme Court, which resolved a circuit court split and unanimously backed the reading of the Bankruptcy Code suggested by Hughes’ client. At the Ninth Circuit and the US Supreme Court, Andrew Pincus successfully led the team on defending a prior decision concerning consumer protection issued by the district court in favor of mobile telecom company AT&T Mobility. Nancy Ross and Brian Netter lead the Chicago and Washington DC teams, respectively, in defending a number of elite universities in a series of class actions across the country, alleging breaches of the fiduciary duties of prudence and loyalty under the Employee Retirement Income Security Act of 1974 (ERISA). ‘Handling matters to perfection’, Evan Tager (‘the best brief writer in the country’) and Charles Rothfeld (‘a great strategic appellate thinker’) are highly recommended. Following a move from Gibson, Dunn & Crutcher LLP in November 2018, Nicole Saharsky assumed the position of co-head of the appellate department. Karen Lin is a promising associate in the practice group.

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