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Mayer Brown

71 SOUTH WACKER DRIVE, CHICAGO, IL 60606, USA
Tel:
Work +1 312 782 0600
Fax:
Fax +1 312 701 7711
Email:
Web:
www.mayerbrown.com

Timothy Bishop

Tel:
Work +1 312 701 7829
Email:
Mayer Brown

Work Department

Litigation

Position

An experienced appellate lawyer, Tim Bishop has argued five cases and briefed more than 60 before the US Supreme Court and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the leading treatise, Supreme Court Practice (9th ed., 2007), a contributor to Federal Appellate Practice (2008), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.

Education

Northwestern University School of Law, JD, magna cum laude, 1985; Articles Editor, Northwestern University Law Review, Order of the Coif; John Henry Wigmore Scholar University of Oxford, Corpus Christi College, 1986; Diploma in Law University of Oxford, Corpus Christi College, MA, 1983 University of Oxford, Corpus Christi College, 1979; BA, Law with First Class Honors


United States: Dispute resolution

Appellate

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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United States: Industry focus

Environment: litigation

Within: Leading lawyers

Tim Bishop - Mayer Brown

Within: Environment: litigation

Mayer Brown’s ‘highly intellectual’ team provides ‘great counseling on strategy and risk management’ on high-stakes cases involving torts relating to greenhouse-gas emissions, site-based mass tort claims, issues of first impression under CWA, challenges to EPA regulations under CAA, criminal environmental prosecutions, renewable energy projects, and complex environmental cleanup projects involving the application of remediation technologies. Examples include its continued representation of several industry groups in litigation attempting to prevent the enactment of certain regulations contained within the CWA, and representing Weyerhaeuser Corporation before the Supreme Court in a case brought by the Fish and Wildlife Service under ESA alleging 1,500 acres of private timberland as critical habitat for the dusky gopher frog; the ‘fabulous’ Timothy Bishop leads both cases from Chicago. He is ‘the name to call if you have environmental litigation before the Supreme Court’. In Washington DC, John Hahn is a ‘great analyst and problem solver, excellent draftsman, and fun to work with’; counsel Roger Patrick has ‘a tremendous ability to dig deep into the law and facts to build a compelling case’; ‘brilliant' Dan Himmelfarb is ‘a winner’. Other names to note are Chicago-based Rich Bulger and Mark Ter Molen, who jointly co-chair the environmental practice.

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