Daryl Joseffer is the head of King & Spalding’s national appellate practice. Chambers (2011-present) reported that Mr. Joseffer “impresses with his ‘great instincts’ and his ‘strong ability in oral arguments,’” and “is particularly admired by peers for the quality of his brief writing.” According to Chambers, “[s]ources appreciate that his advice is ‘insightful, powerful and pragmatic,’ and highlight his understanding of ‘practical effects of broad appellate rules, and how they affect the business.’” “‘When he is ‘on stage’ in court he is simply amazing, he is very persuasive, smooth and comfortable,’ clients enthuse.”
Mr. Joseffer has argued 12 cases and handled well over 100 matters in the Supreme Court. “[V]ery impressive” and the “‘cream of the crop’ of a younger generation of Supreme Court practitioners,” according to Legal 500 (2012-present), Mr. Joseffer’s successful Supreme Court litigation record includes major patent, pharmaceutical, employment discrimination, and environmental cases, including:
- University of Texas Southwestern Medical Center v. Nassar, which cut back on mixed-motive claims for employment discrimination;
- Microsoft v. AT&T, which limited the extraterritorial reach of United States patent law; and
- Merck KGaA v. Integra Lifesciences I, Ltd., which construed the Hatch-Waxman Act’s safe harbor for patent infringement related to drug and medical device research.
Mr. Joseffer has handled a wide variety of appeals in every United States Court of Appeals. He now devotes the majority of his time to intellectual property appeals, prompting Legal 500 to call him a “patents guru.” Mr. Joseffer is also recommended in The World’s Leading Patent Practitioners (2013-present). He has argued more than 20 patent appeals in the Federal Circuit, including McKesson v. Epic, in which the Federal Circuit granted rehearing en banc and overruled its precedents concerning liability for multiple entities’ combined actions, and Soverain v. Victoria’s Secret, et al., in which the Federal Circuit recently reversed an eight-figure judgment.
Mr. Joseffer joined King & Spalding in 2009 after serving as the Principal Deputy Solicitor General and, previously, an Assistant to the Solicitor General. Before joining the Office of the Solicitor General, Mr. Joseffer was Deputy General Counsel of the White House Office of Management and Budget, a partner at Kirkland & Ellis, and a law clerk to Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. He graduated from Harvard Law School (magna cum laude) and Stanford University.