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He is experienced in numerous areas, including energy, life sciences, healthcare, labor, products liability, international trade, environmental, and bankruptcy. Ashley has handled appeals and complex litigation matters in courts across the country, including significant matters before the U.S. Supreme Court, almost all of the federal courts of appeal, and a variety of state appellate courts.\u003c/p\u003e\n\u003cp\u003eA frequent author and speaker, Ashley has been recognized for his skill as an appellate lawyer. He has been ranked by \u003cem\u003eChambers USA,\u003c/em\u003e recommended by \u003cem\u003eLegal 500\u003c/em\u003e, listed as a Washington D.C. Super Lawyer, and selected by Lawdragon as one of the nation's leading litigators. In 2012, he was one of only five appellate lawyers nationwide to be recognized as a \u003cem\u003eLaw360\u003c/em\u003e Rising Star. And in 2014, he was identified by Reuters as one of \u0026ldquo;the top handful of lawyers in America\u0026rdquo; who have had remarkable success before the U.S. Supreme Court.\u003c/p\u003e","slug":"ashley-parrish","email":"aparrish@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003eU.S. Supreme Court Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eDoe v. Snap, Inc.\u003c/em\u003e\u003c/strong\u003e \u003cstrong\u003e(2024)\u003c/strong\u003e. Successfully opposed petition for certiorari in major litigation relating to internet service provider liability for third party conduct under section 230 of the Communications Decency Act, preserving victory before the U.S. Court of Appeals for the Fifth Circuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTrustees of the United Mine Workers of Am. Combined Benefit Fund v. United States Pipe \u0026amp; Foundry Co. \u003c/em\u003e(2023)\u003c/strong\u003e. Successfully defeated petition for certiorari, preserving victory in U.S. Court of Appeals for the Eleventh Circuit, in major bankruptcy litigation relating to claims filed under the Coal Industry Retiree Health Benefit Act of 1993.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSEC v. Jarkesy\u003c/em\u003e\u003c/strong\u003e \u003cstrong\u003e(2023)\u003c/strong\u003e. Filed significant \u003cem\u003eamicus curiae\u003c/em\u003e brief on behalf of the Pioneer Public Interest Law Center in major litigation involving constitutionality of the SEC's enforcement process.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStirling v. Stokes\u003c/em\u003e (2023). \u003c/strong\u003eSuccessfully opposed petition for certiorari, preserving judgment in favor of habeas corpus in high-profile capital case.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHedican v. Walmart Stores East \u003c/em\u003e(2022). \u003c/strong\u003eSuccessfully opposed petition for certiorari, preserving victory in U.S. Court of Appeals for the Seventh Circuit, in significant litigation involving the EEOC and attempts by a charging party to belatedly intervene in litigation.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBecerra v. Empire Health Foundation\u0026nbsp;\u003c/em\u003e(2021).\u0026nbsp;\u003c/strong\u003eRepresenting hospitals in significant healthcare dispute relating to calculation of payments to hospitals that treat a disproportionate share of low-income and indigent patients\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWolfe v. Commonwealth of Virginia\u003c/em\u003e\u0026nbsp;(2019)\u003c/strong\u003e. Obtained summary reversal and remand to Virginia courts in connection with high-profile death penalty matter.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eElectric Power Supply Association v. FERC\u003c/em\u003e\u0026nbsp;(2016).\u003c/strong\u003e\u0026nbsp;Represented the Electric Power Supply Association in major litigation challenging the Federal Energy Regulatory Commission\u0026rsquo;s regulation of \u0026ldquo;demand response.\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eAshley Furniture Industries, Inc. v. United States\u003c/em\u003e\u0026nbsp;(2014).\u003c/strong\u003e\u0026nbsp;Successfully opposed petition for\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;filed in major trade remedy case involving First Amendment challenge to the Continued Dumping and Subsidy Offset Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBond. v. United States\u003c/em\u003e\u0026nbsp;(2014).\u003c/strong\u003e\u0026nbsp;Secured victory in case addressing the federal government\u0026rsquo;s authority to prosecute a local offense under the Chemical Weapons Convention.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eUtility Air Regulatory Group v. EPA\u003c/em\u003e\u0026nbsp;(2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Filed\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003eamicus curiae\u003c/em\u003e\u0026nbsp;brief by a group of law professors, cited favorably by the Supreme Court for its \"felicitous\" explanation of arguments.\u003c/p\u003e","\u003cp\u003e\u003cem data-redactor-tag=\"em\"\u003e\u003cstrong data-redactor-tag=\"strong\"\u003ePPL Corporation v. Commissioner of Internal Revenue\u003c/strong\u003e\u003c/em\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2013)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Obtain unanimous decision finding that a UK windfall tax was creditable for U.S. tax purposes.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePPL Montana v. Montana\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2012)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Obtained unanimous decision reversing the Montana Supreme Court\u0026rsquo;s ruling that riverbed lands under the Upper Missouri, Clark Fork and Madison rivers are state-owned because they were purportedly navigable in 1889 when Montana joined the Union.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePublic Citizen, Inc. et al. v. United States\u003c/em\u003e\u0026nbsp;(2012)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented industry association in successfully opposing petition for\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;filed by public interest groups and states challenging favorable decision upholding the federal market-based rate regime.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBond v. United States\u003c/em\u003e\u0026nbsp;(2011)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Secured successful reversal in case confirming private-party standing to challenge federal prosecutions that exceed the treaty power under the Tenth Amendment.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePlata v. Coleman\u003c/em\u003e\u0026nbsp;(2011)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented a class of inmates suffering from mental illness and successfully defended order of three-judge panel requiring California to address its prison overcrowding crisis.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eHorne\u003c/em\u003e\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ev. Flores\u003c/em\u003e\u0026nbsp;(2009)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented Arizona legislative leaders in education reform litigation, obtaining\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;and successful reversal of a Ninth Circuit decision addressing the standards for modifying an injunction and the interplay between the Equal Education Opportunity Act and the No Child Left Behind Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eMassachusetts\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003e\u003cstrong data-redactor-tag=\"strong\"\u003ev. EPA\u003c/strong\u003e\u003c/em\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2007\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e).\u003c/strong\u003e\u0026nbsp;Prepared merits brief on behalf of the Alliance of Automobile Manufacturers addressing the authority of the Environmental Protection Agency to regulate greenhouse gas emissions.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eElk Grove School District v. Newdow\u003c/em\u003e\u0026nbsp;(2004)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented the mother of the minor child identified as the plaintiff in a successful defense of a challenge to the constitutionality of the Pledge of Allegiance.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eOther Appellate Matters and Strategic Ligitation Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIberdola Energy Projects v. Oaktree Capital Management (N.Y. Supreme Court 2024)\u003c/em\u003e. \u003c/strong\u003ePrevailed in appeal dismissing complaint filed by contractor seeking to overcome non-recourse provision and re-litigate claims previously resolved through arbitration.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAmericans for Beneficiary Choice v. HHS\u0026nbsp;\u003c/em\u003e(N.D. Tex. 2024)\u003c/strong\u003e. Part of team obtaining emergency stay of effective date challenging agency regulations seeking to change payment structure for administrative services provided in connection with Medicare Advantage enrollment.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eNextEra Energy Global Holdings B.V. v. Kingdom of Spain\u0026nbsp;\u003c/em\u003e(D.C. Cir. 2024)\u003c/strong\u003e. Part of successful team representing 9REN Holding in major international arbitration matter.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMosaic Health Inc. v. Sanofi-Aventis U.S., LLC (W.D.N.Y 2024)\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.\u0026nbsp;\u003c/em\u003eSuccessfully represented Novo Nordisk in obtaining dismissal of antitrust complaint challenging manufacturer policies regarding use of contract pharmacies under the federal 340B statute.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eUnited States ex rel. Adventist Health System / West v. AbbVie, Inc.\u0026nbsp;\u003c/em\u003e(C.D. Cal. 2024).\u0026nbsp;\u003c/strong\u003eSuccessfully obtained dismissal of False Claims Act case brought against manufacturers in connection with pricing under the federal 340B statute.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eRedes Andinas de Comunicaciones S.R.L. v. Republic of Peru\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.D.C. 2024)\u003c/strong\u003e. Successfully obtained enforcement of arbitral awards under New York Convention and entry of default judgment.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eDoe v. Becerra\u0026nbsp;\u003c/em\u003e(C.D. Cal. 2024)\u003c/strong\u003e. Represented the American Kidney Foundation in successful First Amendment challenge to California law (AB 290) seeking to interfere with charitable services provided to patients suffering from end-stage renal disease.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSanofi Aventis U.S. LLC v. HHS\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003e\u003cstrong\u003e(3d Cir. 2023)\u003c/strong\u003e. Represented Novo Nordisk in successful appeal in major litigation under federal 340B statute relating to manufacturers' rights to impose reasonable conditions on when discounted drugs will be transferred to contract pharmacies.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eDoe v. Snap, Inc.\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(5th Cir. 2023).\u0026nbsp;\u003c/strong\u003ePrevailed in appeal affirming dismissal of claims seeking to hold Snap liable for third-party conduct based on section 230 of the Communications Decency Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKhashoggi v. NSO Group Techologies Limited\u003c/em\u003e\u0026nbsp;(E.D. Va. 2023).\u0026nbsp;\u003c/strong\u003eObtained successful dismissal on personal jurisdiction grounds of litigation challenging use of cybersecurity software.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eAmerican Clinical Laboratory Association v. Becerra\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.C. Cir. 2022)\u003c/strong\u003e. Successfully represented trade association for the nation's laboratories regarding agency decision to exclude hospital-based outreach laboratories from reporting requirements under the Protecting Access to Medicare Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eEverport Terminal Services, Inc. v. NLRB\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2022)\u003c/strong\u003e. Successful appeal challenging agency determinations over which union was entitled to represent mechanic workforce at terminal in Oakland, California.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re United States Pipe \u0026amp; Foundry Co.\u003c/em\u003e\u0026nbsp;(11th Cir. 2022)\u003c/strong\u003e. Successfully represented debtor in significant bankruptcy litigation addressing definition of \"claim\" under Bankruptcy Code and whether claims under the Coal Industry Retiree Health Benefit Act were discharged in Chapter 11 cas\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eR.J. Reynolds Tobacco Co. v. Estate of Konzelman\u003c/em\u003e\u0026nbsp;(Fla. Ct. App, 4th Dist. 2022)\u003c/strong\u003e. Successful appeal obtaining reversal and remand of punitive damages award.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eThomas \u0026amp; Betts Corp. v. Trinity Meyer Utility Structures, LLC\u003c/em\u003e\u0026nbsp;(2d Cir. 2021)\u003c/strong\u003e. Obtained favorable decision reversing trial court in significant construction contract dispute and allowing breach-of-contract claims to move forward.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eBethesda Health, Inc. v. Azar\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.C. Cir. 2021).\u0026nbsp;\u003c/strong\u003eSuccessfully represented the Florida Hospital Association and ten of its member hospitals in challenge to how CMS calculates Medicare reimbursement rates, paving the way for hospitals to gain millions of dollars in additional Medicare reimbursements.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBasic Capital Management, Inc. v. Dynex Capital, Inc.\u003c/em\u003e\u0026nbsp;(5th Cir. 2021).\u003c/strong\u003e\u0026nbsp;Successfully defended district court judgment, reaffirming important principles of res judicata law and preventing plaintiffs from reviving their time-barred lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eCallinan v. Lexicon Pharmaceuticals, Inc.\u0026nbsp;\u003c/em\u003e(5th Cir. 2021).\u0026nbsp;\u003c/strong\u003eObtained favorable appellate court ruling dismissing major securities class action for failure to meet pleading requires under the securities law.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Triangle Corp. Securities Litigation\u003c/em\u003e\u0026nbsp;(4th Cir. 2021)\u003c/strong\u003e. Obtain appellate decision dismissing securities fraud class action against Triangle Capital Corporation and certain of its officers and directors, reaffirming principle that speculative, hindsight pleadings are not permissible in cases alleging violations of the federal securities laws.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStokes v. Stirling\u003c/em\u003e\u0026nbsp;(4th Cir. 2021)\u003c/strong\u003e. Obtained favorable ruling reversing district court, granting habeas petition, and remanding for issuance of a writ or resentencing.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eNawai Wardak Transp. Co. v. RMA Group Afghanistan Limited\u003c/em\u003e\u0026nbsp;(Mich. Ct. App. 2021)\u003c/strong\u003e. Obtained reversal of a trial court order dismissing claims for lack of personal jurisdiction, permitting case to proceed on merits in Michigan trial court.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eWojcicki v. SCANA/SCE\u0026amp;G\u0026nbsp;\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e(4th Cir. 2020).\u0026nbsp;\u003c/strong\u003eObtained favorable decision affirming that relators cannot proceed\u0026nbsp;\u003cem\u003epro se\u0026nbsp;\u003c/em\u003ewhen bringing a False Claims Act lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAmerican Clinical Laboratory Association v. Azar\u0026nbsp;\u003c/em\u003e(D.C. Cir. 2019).\u0026nbsp;\u003c/strong\u003eObtained favorable jurisdictional ruling, reversing district court and holding that judicial review bar does not apply to challenge to CMS's failure to comply with the data collection requirements of the Protecting Access to Medicare Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKapila v. Grant Thornton, LLP\u003c/em\u003e\u0026nbsp;(11th Cir. 2019)\u003c/strong\u003e. Obtained favorable decision affirming district court's decision granting judgment in Grant Thornton's favor based on common law\u0026nbsp;\u003cem\u003ein pari delicto\u0026nbsp;\u003c/em\u003edoctrine.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAlvarez v. The Johns Hopkins University, et al.\u0026nbsp;\u003c/em\u003e(D. Md. 2019)\u003c/strong\u003e\u0026nbsp;Served as lead appellate lawyer and brief writer in major litigation seeking to hold Bristol Myers Squibb and other defendants liable for medical research experiments conducted in Guatemala between 1946 and 1948. Successful obtained voluntary dismissal with prejudice.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMalek v. Blackmer Pump\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003e(Cal. Ct. App. 2019).\u0026nbsp;\u003c/strong\u003eObtained favorable ruling affirming grant of summary judgment in litigation arising out of Iranian refinery workers' exposure to asbestos in the 1950s through the 1970s.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBoard of Comm\u0026rsquo;rs of the Southeast La. Flood Prot. Auth., et al. v. Tennessee Gas Pipeline Co.\u003c/em\u003e\u0026nbsp;(5th Cir. 2017)\u003c/strong\u003e. Served as lead appellate lawyer representing Chevron Corporation on appeal, defending dismissal of litigation brought by a local levee board seeking to hold the oil and gas industry liable for coastal land loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eRozema v. U.S. Dept. of Health \u0026amp; Human Servs.\u003c/em\u003e\u0026nbsp;(2d Cir. 2017).\u003c/strong\u003e\u0026nbsp;Served as lead appellate lawyer representing R.J. Reynolds Tobacco Company in successful defense of decision dismissing action seeking to compel the release of confidential and trade secret information.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBenton County Wind Farm LLC v. Duke Energy Indiana, Inc.\u003c/em\u003e\u0026nbsp;(7th Cir. 2016)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented wind farm in successful appeal reversing district court decision concerning contractual obligation of utility to purchase wind farm's output under long-term contract.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eDelaware Dept. of Natural Res. \u0026amp; Envtl Control v. EPA\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2015)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Served as counsel of record for the Electric Power Supply Association in a successful challenge to the EPA\u0026rsquo;s final rule exempting backup, diesel-fueled generators from emissions controls.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eFrank v. Fuhrer Wholesale Co. v. MillerCoors LLC, et al.\u003c/em\u003e\u0026nbsp;(3d Cir. 2015)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Served as lead appellate counsel in successful appeal defending district court judgment in a contract dispute between MillerCoors and one of its largest distributors.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eU.S. ex rel. Michael Keeler v. Eisai Inc.\u003c/em\u003e\u0026nbsp;(11th Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Successfully represented pharmaceutical manufacturer in appeal defending dismissal of\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003equi tam\u003c/em\u003e\u0026nbsp;lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eExelon Wind 1, LLC v. Nelson\u003c/em\u003e\u0026nbsp;(5th Cir. 2014).\u003c/strong\u003e\u0026nbsp;Represented major energy company in successful appeal challenging order striking down the Texas Public Utilities Commission\u0026rsquo;s interpretation of statutory scheme governing the purchase of energy between public utilities and qualifying facilities.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eWest Deptford Energy, LLC v. FERC\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Successfully represented petitioner in appeal challenging agency orders that failed to comply with file rate doctrine.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eSouth Carolina Public Service Authority v\u003c/em\u003e.\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003eFERC\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented LS Power in successful defense of agency decision regarding rights of first refusal in Order 1000 rulemaking.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":182}]},"expertise":[{"id":2,"guid":"2.capabilities","index":0,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":3,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":4,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":5,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":6,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":7,"source":"capabilities"},{"id":984,"guid":"984.smart_tags","index":8,"source":"smartTags"},{"id":122,"guid":"122.capabilities","index":9,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":10,"source":"smartTags"}],"is_active":true,"last_name":"Parrish","nick_name":"Ashley","clerkships":[{"name":"Law Clerk, Hon. Emilio M. Garza, U.S. Court of Appeals for the Fifth Circuit","years_held":"1998-1999"}],"first_name":"Ashley","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"C.","name_suffix":"","recognitions":[{"title":"Nationwide Appellate Law","detail":"Chambers \u0026 Partners"},{"title":"Supreme Court \u0026 Appellate","detail":"Legal 500"},{"title":"500 Leading Litigators","detail":"Lawdragon"},{"title":"Washington D.C. Super Lawyer","detail":"Super Lawyers"},{"title":"One of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court.","detail":"Reuters, 2014"},{"title":"A Rising Star (one of five appellate lawyers nationwide) ","detail":"Law360, 2012"}],"linked_in_url":"https://www.linkedin.com/in/ashleycparrish/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAshley Parrish is one of the partners that leads the firm\u0026rsquo;s Appellate, Constitutional and Administrative Law practice.\u0026nbsp;He focuses his practice on appellate, administrative, and constitutional law, and on strategic, complex litigation.\u0026nbsp;He\u0026nbsp; has significant experience handling administrative law cases in litigation against federal and state government agencies.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAshley regularly advises clients in strategic litigation matters, as well as in federal administrative law and practice. He is experienced in numerous areas, including energy, life sciences, healthcare, labor, products liability, international trade, environmental, and bankruptcy. Ashley has handled appeals and complex litigation matters in courts across the country, including significant matters before the U.S. Supreme Court, almost all of the federal courts of appeal, and a variety of state appellate courts.\u003c/p\u003e\n\u003cp\u003eA frequent author and speaker, Ashley has been recognized for his skill as an appellate lawyer. He has been ranked by \u003cem\u003eChambers USA,\u003c/em\u003e recommended by \u003cem\u003eLegal 500\u003c/em\u003e, listed as a Washington D.C. Super Lawyer, and selected by Lawdragon as one of the nation's leading litigators. In 2012, he was one of only five appellate lawyers nationwide to be recognized as a \u003cem\u003eLaw360\u003c/em\u003e Rising Star. And in 2014, he was identified by Reuters as one of \u0026ldquo;the top handful of lawyers in America\u0026rdquo; who have had remarkable success before the U.S. Supreme Court.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003eU.S. Supreme Court Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eDoe v. Snap, Inc.\u003c/em\u003e\u003c/strong\u003e \u003cstrong\u003e(2024)\u003c/strong\u003e. Successfully opposed petition for certiorari in major litigation relating to internet service provider liability for third party conduct under section 230 of the Communications Decency Act, preserving victory before the U.S. Court of Appeals for the Fifth Circuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eTrustees of the United Mine Workers of Am. Combined Benefit Fund v. United States Pipe \u0026amp; Foundry Co. \u003c/em\u003e(2023)\u003c/strong\u003e. Successfully defeated petition for certiorari, preserving victory in U.S. Court of Appeals for the Eleventh Circuit, in major bankruptcy litigation relating to claims filed under the Coal Industry Retiree Health Benefit Act of 1993.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSEC v. Jarkesy\u003c/em\u003e\u003c/strong\u003e \u003cstrong\u003e(2023)\u003c/strong\u003e. Filed significant \u003cem\u003eamicus curiae\u003c/em\u003e brief on behalf of the Pioneer Public Interest Law Center in major litigation involving constitutionality of the SEC's enforcement process.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStirling v. Stokes\u003c/em\u003e (2023). \u003c/strong\u003eSuccessfully opposed petition for certiorari, preserving judgment in favor of habeas corpus in high-profile capital case.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHedican v. Walmart Stores East \u003c/em\u003e(2022). \u003c/strong\u003eSuccessfully opposed petition for certiorari, preserving victory in U.S. Court of Appeals for the Seventh Circuit, in significant litigation involving the EEOC and attempts by a charging party to belatedly intervene in litigation.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBecerra v. Empire Health Foundation\u0026nbsp;\u003c/em\u003e(2021).\u0026nbsp;\u003c/strong\u003eRepresenting hospitals in significant healthcare dispute relating to calculation of payments to hospitals that treat a disproportionate share of low-income and indigent patients\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eWolfe v. Commonwealth of Virginia\u003c/em\u003e\u0026nbsp;(2019)\u003c/strong\u003e. Obtained summary reversal and remand to Virginia courts in connection with high-profile death penalty matter.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eElectric Power Supply Association v. FERC\u003c/em\u003e\u0026nbsp;(2016).\u003c/strong\u003e\u0026nbsp;Represented the Electric Power Supply Association in major litigation challenging the Federal Energy Regulatory Commission\u0026rsquo;s regulation of \u0026ldquo;demand response.\u0026rdquo;\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eAshley Furniture Industries, Inc. v. United States\u003c/em\u003e\u0026nbsp;(2014).\u003c/strong\u003e\u0026nbsp;Successfully opposed petition for\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;filed in major trade remedy case involving First Amendment challenge to the Continued Dumping and Subsidy Offset Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBond. v. United States\u003c/em\u003e\u0026nbsp;(2014).\u003c/strong\u003e\u0026nbsp;Secured victory in case addressing the federal government\u0026rsquo;s authority to prosecute a local offense under the Chemical Weapons Convention.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eUtility Air Regulatory Group v. EPA\u003c/em\u003e\u0026nbsp;(2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Filed\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003eamicus curiae\u003c/em\u003e\u0026nbsp;brief by a group of law professors, cited favorably by the Supreme Court for its \"felicitous\" explanation of arguments.\u003c/p\u003e","\u003cp\u003e\u003cem data-redactor-tag=\"em\"\u003e\u003cstrong data-redactor-tag=\"strong\"\u003ePPL Corporation v. Commissioner of Internal Revenue\u003c/strong\u003e\u003c/em\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2013)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Obtain unanimous decision finding that a UK windfall tax was creditable for U.S. tax purposes.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePPL Montana v. Montana\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2012)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Obtained unanimous decision reversing the Montana Supreme Court\u0026rsquo;s ruling that riverbed lands under the Upper Missouri, Clark Fork and Madison rivers are state-owned because they were purportedly navigable in 1889 when Montana joined the Union.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePublic Citizen, Inc. et al. v. United States\u003c/em\u003e\u0026nbsp;(2012)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented industry association in successfully opposing petition for\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;filed by public interest groups and states challenging favorable decision upholding the federal market-based rate regime.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBond v. United States\u003c/em\u003e\u0026nbsp;(2011)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Secured successful reversal in case confirming private-party standing to challenge federal prosecutions that exceed the treaty power under the Tenth Amendment.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003ePlata v. Coleman\u003c/em\u003e\u0026nbsp;(2011)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented a class of inmates suffering from mental illness and successfully defended order of three-judge panel requiring California to address its prison overcrowding crisis.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eHorne\u003c/em\u003e\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ev. Flores\u003c/em\u003e\u0026nbsp;(2009)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented Arizona legislative leaders in education reform litigation, obtaining\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003ecertiorari\u003c/em\u003e\u0026nbsp;and successful reversal of a Ninth Circuit decision addressing the standards for modifying an injunction and the interplay between the Equal Education Opportunity Act and the No Child Left Behind Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eMassachusetts\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003e\u003cstrong data-redactor-tag=\"strong\"\u003ev. EPA\u003c/strong\u003e\u003c/em\u003e\u0026nbsp;\u003cstrong data-redactor-tag=\"strong\"\u003e(2007\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e).\u003c/strong\u003e\u0026nbsp;Prepared merits brief on behalf of the Alliance of Automobile Manufacturers addressing the authority of the Environmental Protection Agency to regulate greenhouse gas emissions.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eElk Grove School District v. Newdow\u003c/em\u003e\u0026nbsp;(2004)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented the mother of the minor child identified as the plaintiff in a successful defense of a challenge to the constitutionality of the Pledge of Allegiance.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eOther Appellate Matters and Strategic Ligitation Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIberdola Energy Projects v. Oaktree Capital Management (N.Y. Supreme Court 2024)\u003c/em\u003e. \u003c/strong\u003ePrevailed in appeal dismissing complaint filed by contractor seeking to overcome non-recourse provision and re-litigate claims previously resolved through arbitration.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAmericans for Beneficiary Choice v. HHS\u0026nbsp;\u003c/em\u003e(N.D. Tex. 2024)\u003c/strong\u003e. Part of team obtaining emergency stay of effective date challenging agency regulations seeking to change payment structure for administrative services provided in connection with Medicare Advantage enrollment.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eNextEra Energy Global Holdings B.V. v. Kingdom of Spain\u0026nbsp;\u003c/em\u003e(D.C. Cir. 2024)\u003c/strong\u003e. Part of successful team representing 9REN Holding in major international arbitration matter.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMosaic Health Inc. v. Sanofi-Aventis U.S., LLC (W.D.N.Y 2024)\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e.\u0026nbsp;\u003c/em\u003eSuccessfully represented Novo Nordisk in obtaining dismissal of antitrust complaint challenging manufacturer policies regarding use of contract pharmacies under the federal 340B statute.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eUnited States ex rel. Adventist Health System / West v. AbbVie, Inc.\u0026nbsp;\u003c/em\u003e(C.D. Cal. 2024).\u0026nbsp;\u003c/strong\u003eSuccessfully obtained dismissal of False Claims Act case brought against manufacturers in connection with pricing under the federal 340B statute.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eRedes Andinas de Comunicaciones S.R.L. v. Republic of Peru\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.D.C. 2024)\u003c/strong\u003e. Successfully obtained enforcement of arbitral awards under New York Convention and entry of default judgment.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eDoe v. Becerra\u0026nbsp;\u003c/em\u003e(C.D. Cal. 2024)\u003c/strong\u003e. Represented the American Kidney Foundation in successful First Amendment challenge to California law (AB 290) seeking to interfere with charitable services provided to patients suffering from end-stage renal disease.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSanofi Aventis U.S. LLC v. HHS\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003e\u003cstrong\u003e(3d Cir. 2023)\u003c/strong\u003e. Represented Novo Nordisk in successful appeal in major litigation under federal 340B statute relating to manufacturers' rights to impose reasonable conditions on when discounted drugs will be transferred to contract pharmacies.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eDoe v. Snap, Inc.\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(5th Cir. 2023).\u0026nbsp;\u003c/strong\u003ePrevailed in appeal affirming dismissal of claims seeking to hold Snap liable for third-party conduct based on section 230 of the Communications Decency Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKhashoggi v. NSO Group Techologies Limited\u003c/em\u003e\u0026nbsp;(E.D. Va. 2023).\u0026nbsp;\u003c/strong\u003eObtained successful dismissal on personal jurisdiction grounds of litigation challenging use of cybersecurity software.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eAmerican Clinical Laboratory Association v. Becerra\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.C. Cir. 2022)\u003c/strong\u003e. Successfully represented trade association for the nation's laboratories regarding agency decision to exclude hospital-based outreach laboratories from reporting requirements under the Protecting Access to Medicare Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eEverport Terminal Services, Inc. v. NLRB\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2022)\u003c/strong\u003e. Successful appeal challenging agency determinations over which union was entitled to represent mechanic workforce at terminal in Oakland, California.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re United States Pipe \u0026amp; Foundry Co.\u003c/em\u003e\u0026nbsp;(11th Cir. 2022)\u003c/strong\u003e. Successfully represented debtor in significant bankruptcy litigation addressing definition of \"claim\" under Bankruptcy Code and whether claims under the Coal Industry Retiree Health Benefit Act were discharged in Chapter 11 cas\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eR.J. Reynolds Tobacco Co. v. Estate of Konzelman\u003c/em\u003e\u0026nbsp;(Fla. Ct. App, 4th Dist. 2022)\u003c/strong\u003e. Successful appeal obtaining reversal and remand of punitive damages award.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eThomas \u0026amp; Betts Corp. v. Trinity Meyer Utility Structures, LLC\u003c/em\u003e\u0026nbsp;(2d Cir. 2021)\u003c/strong\u003e. Obtained favorable decision reversing trial court in significant construction contract dispute and allowing breach-of-contract claims to move forward.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eBethesda Health, Inc. v. Azar\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e\u0026nbsp;(D.C. Cir. 2021).\u0026nbsp;\u003c/strong\u003eSuccessfully represented the Florida Hospital Association and ten of its member hospitals in challenge to how CMS calculates Medicare reimbursement rates, paving the way for hospitals to gain millions of dollars in additional Medicare reimbursements.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBasic Capital Management, Inc. v. Dynex Capital, Inc.\u003c/em\u003e\u0026nbsp;(5th Cir. 2021).\u003c/strong\u003e\u0026nbsp;Successfully defended district court judgment, reaffirming important principles of res judicata law and preventing plaintiffs from reviving their time-barred lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eCallinan v. Lexicon Pharmaceuticals, Inc.\u0026nbsp;\u003c/em\u003e(5th Cir. 2021).\u0026nbsp;\u003c/strong\u003eObtained favorable appellate court ruling dismissing major securities class action for failure to meet pleading requires under the securities law.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Triangle Corp. Securities Litigation\u003c/em\u003e\u0026nbsp;(4th Cir. 2021)\u003c/strong\u003e. Obtain appellate decision dismissing securities fraud class action against Triangle Capital Corporation and certain of its officers and directors, reaffirming principle that speculative, hindsight pleadings are not permissible in cases alleging violations of the federal securities laws.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eStokes v. Stirling\u003c/em\u003e\u0026nbsp;(4th Cir. 2021)\u003c/strong\u003e. Obtained favorable ruling reversing district court, granting habeas petition, and remanding for issuance of a writ or resentencing.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eNawai Wardak Transp. Co. v. RMA Group Afghanistan Limited\u003c/em\u003e\u0026nbsp;(Mich. Ct. App. 2021)\u003c/strong\u003e. Obtained reversal of a trial court order dismissing claims for lack of personal jurisdiction, permitting case to proceed on merits in Michigan trial court.\u003c/p\u003e","\u003cp\u003e\u003cem\u003e\u003cstrong\u003eWojcicki v. SCANA/SCE\u0026amp;G\u0026nbsp;\u003c/strong\u003e\u003c/em\u003e\u003cstrong\u003e(4th Cir. 2020).\u0026nbsp;\u003c/strong\u003eObtained favorable decision affirming that relators cannot proceed\u0026nbsp;\u003cem\u003epro se\u0026nbsp;\u003c/em\u003ewhen bringing a False Claims Act lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAmerican Clinical Laboratory Association v. Azar\u0026nbsp;\u003c/em\u003e(D.C. Cir. 2019).\u0026nbsp;\u003c/strong\u003eObtained favorable jurisdictional ruling, reversing district court and holding that judicial review bar does not apply to challenge to CMS's failure to comply with the data collection requirements of the Protecting Access to Medicare Act.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eKapila v. Grant Thornton, LLP\u003c/em\u003e\u0026nbsp;(11th Cir. 2019)\u003c/strong\u003e. Obtained favorable decision affirming district court's decision granting judgment in Grant Thornton's favor based on common law\u0026nbsp;\u003cem\u003ein pari delicto\u0026nbsp;\u003c/em\u003edoctrine.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eAlvarez v. The Johns Hopkins University, et al.\u0026nbsp;\u003c/em\u003e(D. Md. 2019)\u003c/strong\u003e\u0026nbsp;Served as lead appellate lawyer and brief writer in major litigation seeking to hold Bristol Myers Squibb and other defendants liable for medical research experiments conducted in Guatemala between 1946 and 1948. Successful obtained voluntary dismissal with prejudice.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eMalek v. Blackmer Pump\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;\u003cstrong\u003e(Cal. Ct. App. 2019).\u0026nbsp;\u003c/strong\u003eObtained favorable ruling affirming grant of summary judgment in litigation arising out of Iranian refinery workers' exposure to asbestos in the 1950s through the 1970s.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBoard of Comm\u0026rsquo;rs of the Southeast La. Flood Prot. Auth., et al. v. Tennessee Gas Pipeline Co.\u003c/em\u003e\u0026nbsp;(5th Cir. 2017)\u003c/strong\u003e. Served as lead appellate lawyer representing Chevron Corporation on appeal, defending dismissal of litigation brought by a local levee board seeking to hold the oil and gas industry liable for coastal land loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eRozema v. U.S. Dept. of Health \u0026amp; Human Servs.\u003c/em\u003e\u0026nbsp;(2d Cir. 2017).\u003c/strong\u003e\u0026nbsp;Served as lead appellate lawyer representing R.J. Reynolds Tobacco Company in successful defense of decision dismissing action seeking to compel the release of confidential and trade secret information.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eBenton County Wind Farm LLC v. Duke Energy Indiana, Inc.\u003c/em\u003e\u0026nbsp;(7th Cir. 2016)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented wind farm in successful appeal reversing district court decision concerning contractual obligation of utility to purchase wind farm's output under long-term contract.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eDelaware Dept. of Natural Res. \u0026amp; Envtl Control v. EPA\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2015)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Served as counsel of record for the Electric Power Supply Association in a successful challenge to the EPA\u0026rsquo;s final rule exempting backup, diesel-fueled generators from emissions controls.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eFrank v. Fuhrer Wholesale Co. v. MillerCoors LLC, et al.\u003c/em\u003e\u0026nbsp;(3d Cir. 2015)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Served as lead appellate counsel in successful appeal defending district court judgment in a contract dispute between MillerCoors and one of its largest distributors.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eU.S. ex rel. Michael Keeler v. Eisai Inc.\u003c/em\u003e\u0026nbsp;(11th Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Successfully represented pharmaceutical manufacturer in appeal defending dismissal of\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003equi tam\u003c/em\u003e\u0026nbsp;lawsuit.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eExelon Wind 1, LLC v. Nelson\u003c/em\u003e\u0026nbsp;(5th Cir. 2014).\u003c/strong\u003e\u0026nbsp;Represented major energy company in successful appeal challenging order striking down the Texas Public Utilities Commission\u0026rsquo;s interpretation of statutory scheme governing the purchase of energy between public utilities and qualifying facilities.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eWest Deptford Energy, LLC v. FERC\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Successfully represented petitioner in appeal challenging agency orders that failed to comply with file rate doctrine.\u003c/p\u003e","\u003cp\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e\u003cem data-redactor-tag=\"em\"\u003eSouth Carolina Public Service Authority v\u003c/em\u003e.\u0026nbsp;\u003cem data-redactor-tag=\"em\"\u003eFERC\u003c/em\u003e\u0026nbsp;(D.C. Cir. 2014)\u003c/strong\u003e\u003cstrong data-redactor-tag=\"strong\"\u003e.\u003c/strong\u003e\u0026nbsp;Represented LS Power in successful defense of agency decision regarding rights of first refusal in Order 1000 rulemaking.\u003c/p\u003e"],"recognitions":[{"title":"Nationwide Appellate Law","detail":"Chambers \u0026 Partners"},{"title":"Supreme Court \u0026 Appellate","detail":"Legal 500"},{"title":"500 Leading Litigators","detail":"Lawdragon"},{"title":"Washington D.C. Super Lawyer","detail":"Super Lawyers"},{"title":"One of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court.","detail":"Reuters, 2014"},{"title":"A Rising Star (one of five appellate lawyers nationwide) ","detail":"Law360, 2012"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":7427}]},"capability_group_id":3},"created_at":"2025-05-26T04:51:27.000Z","updated_at":"2025-05-26T04:51:27.000Z","searchable_text":"Parrish{{ FIELD }}{:title=\u0026gt;\"Nationwide Appellate Law\", :detail=\u0026gt;\"Chambers \u0026amp; Partners\"}{{ FIELD }}{:title=\u0026gt;\"Supreme Court \u0026amp; Appellate\", :detail=\u0026gt;\"Legal 500\"}{{ FIELD }}{:title=\u0026gt;\"500 Leading Litigators\", :detail=\u0026gt;\"Lawdragon\"}{{ FIELD }}{:title=\u0026gt;\"Washington D.C. Super Lawyer\", :detail=\u0026gt;\"Super Lawyers\"}{{ FIELD }}{:title=\u0026gt;\"One of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court.\", :detail=\u0026gt;\"Reuters, 2014\"}{{ FIELD }}{:title=\u0026gt;\"A Rising Star (one of five appellate lawyers nationwide) \", :detail=\u0026gt;\"Law360, 2012\"}{{ FIELD }}U.S. Supreme Court Matters\nDoe v. Snap, Inc. (2024). Successfully opposed petition for certiorari in major litigation relating to internet service provider liability for third party conduct under section 230 of the Communications Decency Act, preserving victory before the U.S. Court of Appeals for the Fifth Circuit.{{ FIELD }}Trustees of the United Mine Workers of Am. Combined Benefit Fund v. United States Pipe \u0026amp; Foundry Co. (2023). Successfully defeated petition for certiorari, preserving victory in U.S. Court of Appeals for the Eleventh Circuit, in major bankruptcy litigation relating to claims filed under the Coal Industry Retiree Health Benefit Act of 1993.{{ FIELD }}SEC v. Jarkesy (2023). Filed significant amicus curiae brief on behalf of the Pioneer Public Interest Law Center in major litigation involving constitutionality of the SEC's enforcement process.{{ FIELD }}Stirling v. Stokes (2023). Successfully opposed petition for certiorari, preserving judgment in favor of habeas corpus in high-profile capital case.{{ FIELD }}Hedican v. Walmart Stores East (2022). Successfully opposed petition for certiorari, preserving victory in U.S. Court of Appeals for the Seventh Circuit, in significant litigation involving the EEOC and attempts by a charging party to belatedly intervene in litigation.{{ FIELD }}Becerra v. Empire Health Foundation (2021). Representing hospitals in significant healthcare dispute relating to calculation of payments to hospitals that treat a disproportionate share of low-income and indigent patients{{ FIELD }}Wolfe v. Commonwealth of Virginia (2019). Obtained summary reversal and remand to Virginia courts in connection with high-profile death penalty matter.{{ FIELD }}Electric Power Supply Association v. FERC (2016). Represented the Electric Power Supply Association in major litigation challenging the Federal Energy Regulatory Commission’s regulation of “demand response.”{{ FIELD }}Ashley Furniture Industries, Inc. v. United States (2014). Successfully opposed petition for certiorari filed in major trade remedy case involving First Amendment challenge to the Continued Dumping and Subsidy Offset Act.{{ FIELD }}Bond. v. United States (2014). Secured victory in case addressing the federal government’s authority to prosecute a local offense under the Chemical Weapons Convention.{{ FIELD }}Utility Air Regulatory Group v. EPA (2014). Filed amicus curiae brief by a group of law professors, cited favorably by the Supreme Court for its \"felicitous\" explanation of arguments.{{ FIELD }}PPL Corporation v. Commissioner of Internal Revenue (2013). Obtain unanimous decision finding that a UK windfall tax was creditable for U.S. tax purposes.{{ FIELD }}PPL Montana v. Montana (2012). Obtained unanimous decision reversing the Montana Supreme Court’s ruling that riverbed lands under the Upper Missouri, Clark Fork and Madison rivers are state-owned because they were purportedly navigable in 1889 when Montana joined the Union.{{ FIELD }}Public Citizen, Inc. et al. v. United States (2012). Represented industry association in successfully opposing petition for certiorari filed by public interest groups and states challenging favorable decision upholding the federal market-based rate regime.{{ FIELD }}Bond v. United States (2011). Secured successful reversal in case confirming private-party standing to challenge federal prosecutions that exceed the treaty power under the Tenth Amendment.{{ FIELD }}Plata v. Coleman (2011). Represented a class of inmates suffering from mental illness and successfully defended order of three-judge panel requiring California to address its prison overcrowding crisis.{{ FIELD }}Horne v. Flores (2009). Represented Arizona legislative leaders in education reform litigation, obtaining certiorari and successful reversal of a Ninth Circuit decision addressing the standards for modifying an injunction and the interplay between the Equal Education Opportunity Act and the No Child Left Behind Act.{{ FIELD }}Massachusetts v. EPA (2007). Prepared merits brief on behalf of the Alliance of Automobile Manufacturers addressing the authority of the Environmental Protection Agency to regulate greenhouse gas emissions.{{ FIELD }}Elk Grove School District v. Newdow (2004). Represented the mother of the minor child identified as the plaintiff in a successful defense of a challenge to the constitutionality of the Pledge of Allegiance.{{ FIELD }}Other Appellate Matters and Strategic Ligitation Matters\nIberdola Energy Projects v. Oaktree Capital Management (N.Y. Supreme Court 2024). Prevailed in appeal dismissing complaint filed by contractor seeking to overcome non-recourse provision and re-litigate claims previously resolved through arbitration.{{ FIELD }}Americans for Beneficiary Choice v. HHS (N.D. Tex. 2024). Part of team obtaining emergency stay of effective date challenging agency regulations seeking to change payment structure for administrative services provided in connection with Medicare Advantage enrollment.{{ FIELD }}NextEra Energy Global Holdings B.V. v. Kingdom of Spain (D.C. Cir. 2024). Part of successful team representing 9REN Holding in major international arbitration matter.{{ FIELD }}Mosaic Health Inc. v. Sanofi-Aventis U.S., LLC (W.D.N.Y 2024). Successfully represented Novo Nordisk in obtaining dismissal of antitrust complaint challenging manufacturer policies regarding use of contract pharmacies under the federal 340B statute.{{ FIELD }}United States ex rel. Adventist Health System / West v. AbbVie, Inc. (C.D. Cal. 2024). Successfully obtained dismissal of False Claims Act case brought against manufacturers in connection with pricing under the federal 340B statute.{{ FIELD }}Redes Andinas de Comunicaciones S.R.L. v. Republic of Peru (D.D.C. 2024). Successfully obtained enforcement of arbitral awards under New York Convention and entry of default judgment.{{ FIELD }}Doe v. Becerra (C.D. Cal. 2024). Represented the American Kidney Foundation in successful First Amendment challenge to California law (AB 290) seeking to interfere with charitable services provided to patients suffering from end-stage renal disease.{{ FIELD }}Sanofi Aventis U.S. LLC v. HHS (3d Cir. 2023). Represented Novo Nordisk in successful appeal in major litigation under federal 340B statute relating to manufacturers' rights to impose reasonable conditions on when discounted drugs will be transferred to contract pharmacies.{{ FIELD }}Doe v. Snap, Inc. (5th Cir. 2023). Prevailed in appeal affirming dismissal of claims seeking to hold Snap liable for third-party conduct based on section 230 of the Communications Decency Act.{{ FIELD }}Khashoggi v. NSO Group Techologies Limited (E.D. Va. 2023). Obtained successful dismissal on personal jurisdiction grounds of litigation challenging use of cybersecurity software.{{ FIELD }}American Clinical Laboratory Association v. Becerra (D.C. Cir. 2022). Successfully represented trade association for the nation's laboratories regarding agency decision to exclude hospital-based outreach laboratories from reporting requirements under the Protecting Access to Medicare Act.{{ FIELD }}Everport Terminal Services, Inc. v. NLRB (D.C. Cir. 2022). Successful appeal challenging agency determinations over which union was entitled to represent mechanic workforce at terminal in Oakland, California.{{ FIELD }}In re United States Pipe \u0026amp; Foundry Co. (11th Cir. 2022). Successfully represented debtor in significant bankruptcy litigation addressing definition of \"claim\" under Bankruptcy Code and whether claims under the Coal Industry Retiree Health Benefit Act were discharged in Chapter 11 cas{{ FIELD }}R.J. Reynolds Tobacco Co. v. Estate of Konzelman (Fla. Ct. App, 4th Dist. 2022). Successful appeal obtaining reversal and remand of punitive damages award.{{ FIELD }}Thomas \u0026amp; Betts Corp. v. Trinity Meyer Utility Structures, LLC (2d Cir. 2021). Obtained favorable decision reversing trial court in significant construction contract dispute and allowing breach-of-contract claims to move forward.{{ FIELD }}Bethesda Health, Inc. v. Azar (D.C. Cir. 2021). Successfully represented the Florida Hospital Association and ten of its member hospitals in challenge to how CMS calculates Medicare reimbursement rates, paving the way for hospitals to gain millions of dollars in additional Medicare reimbursements.{{ FIELD }}Basic Capital Management, Inc. v. Dynex Capital, Inc. (5th Cir. 2021). Successfully defended district court judgment, reaffirming important principles of res judicata law and preventing plaintiffs from reviving their time-barred lawsuit.{{ FIELD }}Callinan v. Lexicon Pharmaceuticals, Inc. (5th Cir. 2021). Obtained favorable appellate court ruling dismissing major securities class action for failure to meet pleading requires under the securities law.{{ FIELD }}In re Triangle Corp. Securities Litigation (4th Cir. 2021). Obtain appellate decision dismissing securities fraud class action against Triangle Capital Corporation and certain of its officers and directors, reaffirming principle that speculative, hindsight pleadings are not permissible in cases alleging violations of the federal securities laws.{{ FIELD }}Stokes v. Stirling (4th Cir. 2021). Obtained favorable ruling reversing district court, granting habeas petition, and remanding for issuance of a writ or resentencing.{{ FIELD }}Nawai Wardak Transp. Co. v. RMA Group Afghanistan Limited (Mich. Ct. App. 2021). Obtained reversal of a trial court order dismissing claims for lack of personal jurisdiction, permitting case to proceed on merits in Michigan trial court.{{ FIELD }}Wojcicki v. SCANA/SCE\u0026amp;G (4th Cir. 2020). Obtained favorable decision affirming that relators cannot proceed pro se when bringing a False Claims Act lawsuit.{{ FIELD }}American Clinical Laboratory Association v. Azar (D.C. Cir. 2019). Obtained favorable jurisdictional ruling, reversing district court and holding that judicial review bar does not apply to challenge to CMS's failure to comply with the data collection requirements of the Protecting Access to Medicare Act.{{ FIELD }}Kapila v. Grant Thornton, LLP (11th Cir. 2019). Obtained favorable decision affirming district court's decision granting judgment in Grant Thornton's favor based on common law in pari delicto doctrine.{{ FIELD }}Alvarez v. The Johns Hopkins University, et al. (D. Md. 2019) Served as lead appellate lawyer and brief writer in major litigation seeking to hold Bristol Myers Squibb and other defendants liable for medical research experiments conducted in Guatemala between 1946 and 1948. Successful obtained voluntary dismissal with prejudice.{{ FIELD }}Malek v. Blackmer Pump (Cal. Ct. App. 2019). Obtained favorable ruling affirming grant of summary judgment in litigation arising out of Iranian refinery workers' exposure to asbestos in the 1950s through the 1970s.{{ FIELD }}Board of Comm’rs of the Southeast La. Flood Prot. Auth., et al. v. Tennessee Gas Pipeline Co. (5th Cir. 2017). Served as lead appellate lawyer representing Chevron Corporation on appeal, defending dismissal of litigation brought by a local levee board seeking to hold the oil and gas industry liable for coastal land loss.{{ FIELD }}Rozema v. U.S. Dept. of Health \u0026amp; Human Servs. (2d Cir. 2017). Served as lead appellate lawyer representing R.J. Reynolds Tobacco Company in successful defense of decision dismissing action seeking to compel the release of confidential and trade secret information.{{ FIELD }}Benton County Wind Farm LLC v. Duke Energy Indiana, Inc. (7th Cir. 2016). Represented wind farm in successful appeal reversing district court decision concerning contractual obligation of utility to purchase wind farm's output under long-term contract.{{ FIELD }}Delaware Dept. of Natural Res. \u0026amp; Envtl Control v. EPA (D.C. Cir. 2015). Served as counsel of record for the Electric Power Supply Association in a successful challenge to the EPA’s final rule exempting backup, diesel-fueled generators from emissions controls.{{ FIELD }}Frank v. Fuhrer Wholesale Co. v. MillerCoors LLC, et al. (3d Cir. 2015). Served as lead appellate counsel in successful appeal defending district court judgment in a contract dispute between MillerCoors and one of its largest distributors.{{ FIELD }}U.S. ex rel. Michael Keeler v. Eisai Inc. (11th Cir. 2014). Successfully represented pharmaceutical manufacturer in appeal defending dismissal of qui tam lawsuit.{{ FIELD }}Exelon Wind 1, LLC v. Nelson (5th Cir. 2014). Represented major energy company in successful appeal challenging order striking down the Texas Public Utilities Commission’s interpretation of statutory scheme governing the purchase of energy between public utilities and qualifying facilities.{{ FIELD }}West Deptford Energy, LLC v. FERC (D.C. Cir. 2014). Successfully represented petitioner in appeal challenging agency orders that failed to comply with file rate doctrine.{{ FIELD }}South Carolina Public Service Authority v. FERC (D.C. Cir. 2014). Represented LS Power in successful defense of agency decision regarding rights of first refusal in Order 1000 rulemaking.{{ FIELD }}Ashley Parrish is one of the partners that leads the firm’s Appellate, Constitutional and Administrative Law practice. He focuses his practice on appellate, administrative, and constitutional law, and on strategic, complex litigation. He  has significant experience handling administrative law cases in litigation against federal and state government agencies.\nAshley regularly advises clients in strategic litigation matters, as well as in federal administrative law and practice. He is experienced in numerous areas, including energy, life sciences, healthcare, labor, products liability, international trade, environmental, and bankruptcy. Ashley has handled appeals and complex litigation matters in courts across the country, including significant matters before the U.S. Supreme Court, almost all of the federal courts of appeal, and a variety of state appellate courts.\nA frequent author and speaker, Ashley has been recognized for his skill as an appellate lawyer. He has been ranked by Chambers USA, recommended by Legal 500, listed as a Washington D.C. Super Lawyer, and selected by Lawdragon as one of the nation's leading litigators. In 2012, he was one of only five appellate lawyers nationwide to be recognized as a Law360 Rising Star. And in 2014, he was identified by Reuters as one of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court. Ashley C Parrish Partner Nationwide Appellate Law Chambers \u0026amp; Partners Supreme Court \u0026amp; Appellate Legal 500 500 Leading Litigators Lawdragon Washington D.C. Super Lawyer Super Lawyers One of “the top handful of lawyers in America” who have had remarkable success before the U.S. Supreme Court. Reuters, 2014 A Rising Star (one of five appellate lawyers nationwide)  Law360, 2012 University of Washington-Seattle Campus University of Washington School of Law University of Washington-Seattle Campus University of Washington School of Law University of Chicago University of Chicago Law School U.S. Court of Appeals for the Federal Circuit Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the D.C. Circuit U.S. Court of Federal Claims U.S. District Court for the Eastern District of Virginia U.S. District Court for the District of Columbia District of Columbia Virginia Law Clerk, Hon. Emilio M. Garza, U.S. Court of Appeals for the Fifth Circuit U.S. Supreme Court Matters\nDoe v. Snap, Inc. (2024). Successfully opposed petition for certiorari in major litigation relating to internet service provider liability for third party conduct under section 230 of the Communications Decency Act, preserving victory before the U.S. Court of Appeals for the Fifth Circuit. Trustees of the United Mine Workers of Am. Combined Benefit Fund v. United States Pipe \u0026amp; Foundry Co. (2023). Successfully defeated petition for certiorari, preserving victory in U.S. Court of Appeals for the Eleventh Circuit, in major bankruptcy litigation relating to claims filed under the Coal Industry Retiree Health Benefit Act of 1993. SEC v. Jarkesy (2023). Filed significant amicus curiae brief on behalf of the Pioneer Public Interest Law Center in major litigation involving constitutionality of the SEC's enforcement process. Stirling v. Stokes (2023). Successfully opposed petition for certiorari, preserving judgment in favor of habeas corpus in high-profile capital case. Hedican v. Walmart Stores East (2022). Successfully opposed petition for certiorari, preserving victory in U.S. Court of Appeals for the Seventh Circuit, in significant litigation involving the EEOC and attempts by a charging party to belatedly intervene in litigation. Becerra v. Empire Health Foundation (2021). Representing hospitals in significant healthcare dispute relating to calculation of payments to hospitals that treat a disproportionate share of low-income and indigent patients Wolfe v. Commonwealth of Virginia (2019). Obtained summary reversal and remand to Virginia courts in connection with high-profile death penalty matter. Electric Power Supply Association v. FERC (2016). Represented the Electric Power Supply Association in major litigation challenging the Federal Energy Regulatory Commission’s regulation of “demand response.” Ashley Furniture Industries, Inc. v. United States (2014). Successfully opposed petition for certiorari filed in major trade remedy case involving First Amendment challenge to the Continued Dumping and Subsidy Offset Act. Bond. v. United States (2014). Secured victory in case addressing the federal government’s authority to prosecute a local offense under the Chemical Weapons Convention. Utility Air Regulatory Group v. EPA (2014). Filed amicus curiae brief by a group of law professors, cited favorably by the Supreme Court for its \"felicitous\" explanation of arguments. PPL Corporation v. Commissioner of Internal Revenue (2013). Obtain unanimous decision finding that a UK windfall tax was creditable for U.S. tax purposes. PPL Montana v. Montana (2012). Obtained unanimous decision reversing the Montana Supreme Court’s ruling that riverbed lands under the Upper Missouri, Clark Fork and Madison rivers are state-owned because they were purportedly navigable in 1889 when Montana joined the Union. Public Citizen, Inc. et al. v. United States (2012). Represented industry association in successfully opposing petition for certiorari filed by public interest groups and states challenging favorable decision upholding the federal market-based rate regime. Bond v. United States (2011). Secured successful reversal in case confirming private-party standing to challenge federal prosecutions that exceed the treaty power under the Tenth Amendment. Plata v. Coleman (2011). Represented a class of inmates suffering from mental illness and successfully defended order of three-judge panel requiring California to address its prison overcrowding crisis. Horne v. Flores (2009). Represented Arizona legislative leaders in education reform litigation, obtaining certiorari and successful reversal of a Ninth Circuit decision addressing the standards for modifying an injunction and the interplay between the Equal Education Opportunity Act and the No Child Left Behind Act. Massachusetts v. EPA (2007). Prepared merits brief on behalf of the Alliance of Automobile Manufacturers addressing the authority of the Environmental Protection Agency to regulate greenhouse gas emissions. Elk Grove School District v. Newdow (2004). Represented the mother of the minor child identified as the plaintiff in a successful defense of a challenge to the constitutionality of the Pledge of Allegiance. Other Appellate Matters and Strategic Ligitation Matters\nIberdola Energy Projects v. Oaktree Capital Management (N.Y. Supreme Court 2024). Prevailed in appeal dismissing complaint filed by contractor seeking to overcome non-recourse provision and re-litigate claims previously resolved through arbitration. Americans for Beneficiary Choice v. HHS (N.D. Tex. 2024). Part of team obtaining emergency stay of effective date challenging agency regulations seeking to change payment structure for administrative services provided in connection with Medicare Advantage enrollment. NextEra Energy Global Holdings B.V. v. Kingdom of Spain (D.C. Cir. 2024). Part of successful team representing 9REN Holding in major international arbitration matter. Mosaic Health Inc. v. Sanofi-Aventis U.S., LLC (W.D.N.Y 2024). Successfully represented Novo Nordisk in obtaining dismissal of antitrust complaint challenging manufacturer policies regarding use of contract pharmacies under the federal 340B statute. United States ex rel. Adventist Health System / West v. AbbVie, Inc. (C.D. Cal. 2024). Successfully obtained dismissal of False Claims Act case brought against manufacturers in connection with pricing under the federal 340B statute. Redes Andinas de Comunicaciones S.R.L. v. Republic of Peru (D.D.C. 2024). Successfully obtained enforcement of arbitral awards under New York Convention and entry of default judgment. Doe v. Becerra (C.D. Cal. 2024). Represented the American Kidney Foundation in successful First Amendment challenge to California law (AB 290) seeking to interfere with charitable services provided to patients suffering from end-stage renal disease. Sanofi Aventis U.S. LLC v. HHS (3d Cir. 2023). Represented Novo Nordisk in successful appeal in major litigation under federal 340B statute relating to manufacturers' rights to impose reasonable conditions on when discounted drugs will be transferred to contract pharmacies. Doe v. Snap, Inc. (5th Cir. 2023). Prevailed in appeal affirming dismissal of claims seeking to hold Snap liable for third-party conduct based on section 230 of the Communications Decency Act. Khashoggi v. NSO Group Techologies Limited (E.D. Va. 2023). Obtained successful dismissal on personal jurisdiction grounds of litigation challenging use of cybersecurity software. American Clinical Laboratory Association v. Becerra (D.C. Cir. 2022). Successfully represented trade association for the nation's laboratories regarding agency decision to exclude hospital-based outreach laboratories from reporting requirements under the Protecting Access to Medicare Act. Everport Terminal Services, Inc. v. NLRB (D.C. Cir. 2022). Successful appeal challenging agency determinations over which union was entitled to represent mechanic workforce at terminal in Oakland, California. In re United States Pipe \u0026amp; Foundry Co. (11th Cir. 2022). Successfully represented debtor in significant bankruptcy litigation addressing definition of \"claim\" under Bankruptcy Code and whether claims under the Coal Industry Retiree Health Benefit Act were discharged in Chapter 11 cas R.J. Reynolds Tobacco Co. v. Estate of Konzelman (Fla. Ct. App, 4th Dist. 2022). Successful appeal obtaining reversal and remand of punitive damages award. Thomas \u0026amp; Betts Corp. v. Trinity Meyer Utility Structures, LLC (2d Cir. 2021). Obtained favorable decision reversing trial court in significant construction contract dispute and allowing breach-of-contract claims to move forward. Bethesda Health, Inc. v. Azar (D.C. Cir. 2021). Successfully represented the Florida Hospital Association and ten of its member hospitals in challenge to how CMS calculates Medicare reimbursement rates, paving the way for hospitals to gain millions of dollars in additional Medicare reimbursements. Basic Capital Management, Inc. v. Dynex Capital, Inc. (5th Cir. 2021). Successfully defended district court judgment, reaffirming important principles of res judicata law and preventing plaintiffs from reviving their time-barred lawsuit. Callinan v. Lexicon Pharmaceuticals, Inc. (5th Cir. 2021). Obtained favorable appellate court ruling dismissing major securities class action for failure to meet pleading requires under the securities law. In re Triangle Corp. Securities Litigation (4th Cir. 2021). Obtain appellate decision dismissing securities fraud class action against Triangle Capital Corporation and certain of its officers and directors, reaffirming principle that speculative, hindsight pleadings are not permissible in cases alleging violations of the federal securities laws. Stokes v. Stirling (4th Cir. 2021). Obtained favorable ruling reversing district court, granting habeas petition, and remanding for issuance of a writ or resentencing. Nawai Wardak Transp. Co. v. RMA Group Afghanistan Limited (Mich. Ct. App. 2021). Obtained reversal of a trial court order dismissing claims for lack of personal jurisdiction, permitting case to proceed on merits in Michigan trial court. Wojcicki v. SCANA/SCE\u0026amp;G (4th Cir. 2020). Obtained favorable decision affirming that relators cannot proceed pro se when bringing a False Claims Act lawsuit. American Clinical Laboratory Association v. Azar (D.C. Cir. 2019). Obtained favorable jurisdictional ruling, reversing district court and holding that judicial review bar does not apply to challenge to CMS's failure to comply with the data collection requirements of the Protecting Access to Medicare Act. Kapila v. Grant Thornton, LLP (11th Cir. 2019). Obtained favorable decision affirming district court's decision granting judgment in Grant Thornton's favor based on common law in pari delicto doctrine. Alvarez v. The Johns Hopkins University, et al. (D. Md. 2019) Served as lead appellate lawyer and brief writer in major litigation seeking to hold Bristol Myers Squibb and other defendants liable for medical research experiments conducted in Guatemala between 1946 and 1948. Successful obtained voluntary dismissal with prejudice. Malek v. Blackmer Pump (Cal. Ct. App. 2019). Obtained favorable ruling affirming grant of summary judgment in litigation arising out of Iranian refinery workers' exposure to asbestos in the 1950s through the 1970s. Board of Comm’rs of the Southeast La. Flood Prot. Auth., et al. v. Tennessee Gas Pipeline Co. (5th Cir. 2017). Served as lead appellate lawyer representing Chevron Corporation on appeal, defending dismissal of litigation brought by a local levee board seeking to hold the oil and gas industry liable for coastal land loss. Rozema v. U.S. Dept. of Health \u0026amp; Human Servs. (2d Cir. 2017). Served as lead appellate lawyer representing R.J. Reynolds Tobacco Company in successful defense of decision dismissing action seeking to compel the release of confidential and trade secret information. Benton County Wind Farm LLC v. Duke Energy Indiana, Inc. (7th Cir. 2016). Represented wind farm in successful appeal reversing district court decision concerning contractual obligation of utility to purchase wind farm's output under long-term contract. Delaware Dept. of Natural Res. \u0026amp; Envtl Control v. EPA (D.C. Cir. 2015). Served as counsel of record for the Electric Power Supply Association in a successful challenge to the EPA’s final rule exempting backup, diesel-fueled generators from emissions controls. Frank v. Fuhrer Wholesale Co. v. MillerCoors LLC, et al. (3d Cir. 2015). Served as lead appellate counsel in successful appeal defending district court judgment in a contract dispute between MillerCoors and one of its largest distributors. U.S. ex rel. Michael Keeler v. Eisai Inc. (11th Cir. 2014). Successfully represented pharmaceutical manufacturer in appeal defending dismissal of qui tam lawsuit. Exelon Wind 1, LLC v. Nelson (5th Cir. 2014). Represented major energy company in successful appeal challenging order striking down the Texas Public Utilities Commission’s interpretation of statutory scheme governing the purchase of energy between public utilities and qualifying facilities. West Deptford Energy, LLC v. FERC (D.C. Cir. 2014). Successfully represented petitioner in appeal challenging agency orders that failed to comply with file rate doctrine. South Carolina Public Service Authority v. FERC (D.C. Cir. 2014). Represented LS Power in successful defense of agency decision regarding rights of first refusal in Order 1000 rulemaking.","searchable_name":"Ashley C. Parrish","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":445991,"version":1,"owner_type":"Person","owner_id":6371,"payload":{"bio":"\u003cp\u003eJenny Pelaez focuses her practice on complex commercial and class action litigation at the trial and appellate levels. She has extensive experience representing a diverse group of clients in high-stakes matters involving claims under antitrust, securities and consumer protection laws, as well as a variety of contract and tort claims. She also regularly represents public companies and\u0026nbsp;individuals in a wide range of industries in securities class action and derivative litigation.\u0026nbsp;Her clients include companies in the financial services, accounting, technology, and entertainment industries.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJenny also\u0026nbsp;maintains a robust pro bono practice, including in the areas of reproductive rights, immigration law, public benefits, criminal procedure and prisoner\u0026rsquo;s rights.\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Jenny clerked\u0026nbsp;with the Honorable Pamela K. Chen of the US District Court for the Eastern District of New York. She worked for two years as a fellow at the National Center for Law and Economic Justice, where she litigated class actions seeking to reform policies and practices affecting low-income populations, including claims under the federal Due Process Clause, Food Stamp Act, Medicaid Act and Americans with Disabilities Act. Previously, she was a law clerk for the Honorable Frank Maas of the US District for the Southern District of New York.\u003c/p\u003e","slug":"jenny-pelaez","email":"jpelaez@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003eRecent Litigation Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresenting a large financial institution in connection with all civil litigation arising out of alleged LIBOR manipulation, alleging antitrust, commodities manipulation and other claims.\u003c/p\u003e","\u003cp\u003eObtained dismissal of putative class actions asserting antitrust, RICO, and CEA claims against a large international financial institution based on alleged manipulation of ICE LIBOR.\u003c/p\u003e","\u003cp\u003eObtained dismissal of a putative class action asserting antitrust, RICO, CEA and common law claims against a large international financial institution based on alleged manipulation of the Canadian Dollar Offered Rate.\u003c/p\u003e","\u003cp\u003eRepresenting a large financial institution in connection with all merchant and consumer antitrust litigation concerning the setting of payment card interchange fees.\u003c/p\u003e","\u003cp\u003eRepresenting a large international financial institution in litigation alleging unlawful spoofing and naked short selling in the market for certain securities.\u003c/p\u003e","\u003cp\u003eRepresenting a large international financial institution in a putative antitrust class action alleging anticompetitive activity affecting variable rate debt obligations.\u003c/p\u003e","\u003cp\u003eRepresented a national bank in putative class action asserting federal and state law claims related to debit cards used for government payments.\u003c/p\u003e","\u003cp\u003eRepresenting accounting firm in putative securities fraud and derivative shareholder class actions arising from alleged collusion to conceal accounting misstatement.\u003c/p\u003e","\u003cp\u003eObtained dismissal of a putative class action alleging violations of federal securities law by a multinational commodity trading company.\u003c/p\u003e","\u003cp\u003eObtained dismissal of putative securities fraud and derivative shareholder class actions against technology company arising from the company\u0026rsquo;s financial projection statements.\u003c/p\u003e","\u003cp\u003eRepresenting financial software company in shareholder demand to inspect books and records related to participation in federal tax initiative.\u003c/p\u003e","\u003cp\u003eRepresenting owner of prominent structure in action to enforcement construction warranties.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRegulatory Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresenting medical device company in responding to a Department of Justice civil investigative demand related to compliance with Anti-Kickback Statute.\u003c/p\u003e\n\u003cp\u003eRepresenting accounting firm in Public Company Accounting Oversight Board inquiry related to client\u0026rsquo;s litigation liability estimates.\u003c/p\u003e\n\u003cp\u003eRepresenting payment card services company in responding to Attorney General Civil Investigative Demand related to alleged disparate treatment of consumers.\u003c/p\u003e\n\u003cp\u003eRepresenting media platform responding to inquiries from the U.S. Department of Housing and Urban Development regarding advertising practices.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCorporate Counseling\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eAdvising hedge fund on managing litigation exposure risk related to new venture.\u003c/p\u003e\n\u003cp\u003eAdvising general contractor on subcontractor disputes in large commercial construction projects.\u003c/p\u003e\n\u003cp\u003eAdvising cannabis company regarding enforcing duties in purchase agreement.\u003c/p\u003e\n\u003cp\u003eAdvising entertainment corporation in addressing harassment of executive officer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003ePro Bono\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresenting health care providers in challenging abortion restrictions in Indiana and Ohio.\u003c/p\u003e\n\u003cp\u003eCo-authored amicus brief before New York Court of Appeal in case that altered rules for instructing juries on cross-racial identification.\u003c/p\u003e\n\u003cp\u003eSuccessfully obtained religious and health accommodations on behalf of incarcerated client.\u003c/p\u003e\n\u003cp\u003eRepresenting trafficking victim in prosecution of trafficker and successfully obtaining T-Visa.\u003c/p\u003e\n\u003cp\u003eAdvising public defender office regarding protections for criminal defendants during COVID-19 pandemic.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":2,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":3,"source":"capabilities"},{"id":4,"guid":"4.capabilities","index":4,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":5,"source":"capabilities"},{"id":1179,"guid":"1179.smart_tags","index":6,"source":"smartTags"},{"id":107,"guid":"107.capabilities","index":7,"source":"capabilities"},{"id":1409,"guid":"1409.smart_tags","index":8,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":9,"source":"smartTags"},{"id":129,"guid":"129.capabilities","index":10,"source":"capabilities"}],"is_active":true,"last_name":"Pelaez","nick_name":"Jenny","clerkships":[{"name":"Law Clerk, Frank Maas, U.S. District Court for the Southern District of New 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Chen, U.S. District Court for the Eastern District of New York","years_held":"2015 - 2016"}],"first_name":"Jenny","title_rank":9999,"updated_by":32,"law_schools":[{"id":2619,"meta":{"degree":"J.D.","honors":"magna cum laude, Order of the Coif","is_law_school":"1","graduation_date":"2011-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Honored with Above \u0026 Beyond Award for Outstanding Pro Bono Work ","detail":"Sanctuary for Families, 2020"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eJenny Pelaez focuses her practice on complex commercial and class action litigation at the trial and appellate levels. She has extensive experience representing a diverse group of clients in high-stakes matters involving claims under antitrust, securities and consumer protection laws, as well as a variety of contract and tort claims. She also regularly represents public companies and\u0026nbsp;individuals in a wide range of industries in securities class action and derivative litigation.\u0026nbsp;Her clients include companies in the financial services, accounting, technology, and entertainment industries.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJenny also\u0026nbsp;maintains a robust pro bono practice, including in the areas of reproductive rights, immigration law, public benefits, criminal procedure and prisoner\u0026rsquo;s rights.\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Jenny clerked\u0026nbsp;with the Honorable Pamela K. Chen of the US District Court for the Eastern District of New York. She worked for two years as a fellow at the National Center for Law and Economic Justice, where she litigated class actions seeking to reform policies and practices affecting low-income populations, including claims under the federal Due Process Clause, Food Stamp Act, Medicaid Act and Americans with Disabilities Act. Previously, she was a law clerk for the Honorable Frank Maas of the US District for the Southern District of New York.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003eRecent Litigation Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresenting a large financial institution in connection with all civil litigation arising out of alleged LIBOR manipulation, alleging antitrust, commodities manipulation and other claims.\u003c/p\u003e","\u003cp\u003eObtained dismissal of putative class actions asserting antitrust, RICO, and CEA claims against a large international financial institution based on alleged manipulation of ICE LIBOR.\u003c/p\u003e","\u003cp\u003eObtained dismissal of a putative class action asserting antitrust, RICO, CEA and common law claims against a large international financial institution based on alleged manipulation of the Canadian Dollar Offered Rate.\u003c/p\u003e","\u003cp\u003eRepresenting a large financial institution in connection with all merchant and consumer antitrust litigation concerning the setting of payment card interchange fees.\u003c/p\u003e","\u003cp\u003eRepresenting a large international financial institution in litigation alleging unlawful spoofing and naked short selling in the market for certain securities.\u003c/p\u003e","\u003cp\u003eRepresenting a large international financial institution in a putative antitrust class action alleging anticompetitive activity affecting variable rate debt obligations.\u003c/p\u003e","\u003cp\u003eRepresented a national bank in putative class action asserting federal and state law claims related to debit cards used for government payments.\u003c/p\u003e","\u003cp\u003eRepresenting accounting firm in putative securities fraud and derivative shareholder class actions arising from alleged collusion to conceal accounting misstatement.\u003c/p\u003e","\u003cp\u003eObtained dismissal of a putative class action alleging violations of federal securities law by a multinational commodity trading company.\u003c/p\u003e","\u003cp\u003eObtained dismissal of putative securities fraud and derivative shareholder class actions against technology company arising from the company\u0026rsquo;s financial projection statements.\u003c/p\u003e","\u003cp\u003eRepresenting financial software company in shareholder demand to inspect books and records related to participation in federal tax initiative.\u003c/p\u003e","\u003cp\u003eRepresenting owner of prominent structure in action to enforcement construction warranties.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRegulatory Matters\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresenting medical device company in responding to a Department of Justice civil investigative demand related to compliance with Anti-Kickback Statute.\u003c/p\u003e\n\u003cp\u003eRepresenting accounting firm in Public Company Accounting Oversight Board inquiry related to client\u0026rsquo;s litigation liability estimates.\u003c/p\u003e\n\u003cp\u003eRepresenting payment card services company in responding to Attorney General Civil Investigative Demand related to alleged disparate treatment of consumers.\u003c/p\u003e\n\u003cp\u003eRepresenting media platform responding to inquiries from the U.S. Department of Housing and Urban Development regarding advertising practices.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eCorporate Counseling\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eAdvising hedge fund on managing litigation exposure risk related to new venture.\u003c/p\u003e\n\u003cp\u003eAdvising general contractor on subcontractor disputes in large commercial construction projects.\u003c/p\u003e\n\u003cp\u003eAdvising cannabis company regarding enforcing duties in purchase agreement.\u003c/p\u003e\n\u003cp\u003eAdvising entertainment corporation in addressing harassment of executive officer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003ePro Bono\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresenting health care providers in challenging abortion restrictions in Indiana and Ohio.\u003c/p\u003e\n\u003cp\u003eCo-authored amicus brief before New York Court of Appeal in case that altered rules for instructing juries on cross-racial identification.\u003c/p\u003e\n\u003cp\u003eSuccessfully obtained religious and health accommodations on behalf of incarcerated client.\u003c/p\u003e\n\u003cp\u003eRepresenting trafficking victim in prosecution of trafficker and successfully obtaining T-Visa.\u003c/p\u003e\n\u003cp\u003eAdvising public defender office regarding protections for criminal defendants during COVID-19 pandemic.\u003c/p\u003e"],"recognitions":[{"title":"Honored with Above \u0026 Beyond Award for Outstanding Pro Bono Work ","detail":"Sanctuary for Families, 2020"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12513}]},"capability_group_id":3},"created_at":"2026-02-19T22:03:31.000Z","updated_at":"2026-02-19T22:03:31.000Z","searchable_text":"Pelaez{{ FIELD }}{:title=\u0026gt;\"Honored with Above \u0026amp; Beyond Award for Outstanding Pro Bono Work \", :detail=\u0026gt;\"Sanctuary for Families, 2020\"}{{ FIELD }}Recent Litigation Matters\nRepresenting a large financial institution in connection with all civil litigation arising out of alleged LIBOR manipulation, alleging antitrust, commodities manipulation and other claims.{{ FIELD }}Obtained dismissal of putative class actions asserting antitrust, RICO, and CEA claims against a large international financial institution based on alleged manipulation of ICE LIBOR.{{ FIELD }}Obtained dismissal of a putative class action asserting antitrust, RICO, CEA and common law claims against a large international financial institution based on alleged manipulation of the Canadian Dollar Offered Rate.{{ FIELD }}Representing a large financial institution in connection with all merchant and consumer antitrust litigation concerning the setting of payment card interchange fees.{{ FIELD }}Representing a large international financial institution in litigation alleging unlawful spoofing and naked short selling in the market for certain securities.{{ FIELD }}Representing a large international financial institution in a putative antitrust class action alleging anticompetitive activity affecting variable rate debt obligations.{{ FIELD }}Represented a national bank in putative class action asserting federal and state law claims related to debit cards used for government payments.{{ FIELD }}Representing accounting firm in putative securities fraud and derivative shareholder class actions arising from alleged collusion to conceal accounting misstatement.{{ FIELD }}Obtained dismissal of a putative class action alleging violations of federal securities law by a multinational commodity trading company.{{ FIELD }}Obtained dismissal of putative securities fraud and derivative shareholder class actions against technology company arising from the company’s financial projection statements.{{ FIELD }}Representing financial software company in shareholder demand to inspect books and records related to participation in federal tax initiative.{{ FIELD }}Representing owner of prominent structure in action to enforcement construction warranties.{{ FIELD }}Regulatory Matters\nRepresenting medical device company in responding to a Department of Justice civil investigative demand related to compliance with Anti-Kickback Statute.\nRepresenting accounting firm in Public Company Accounting Oversight Board inquiry related to client’s litigation liability estimates.\nRepresenting payment card services company in responding to Attorney General Civil Investigative Demand related to alleged disparate treatment of consumers.\nRepresenting media platform responding to inquiries from the U.S. Department of Housing and Urban Development regarding advertising practices.{{ FIELD }}Corporate Counseling\nAdvising hedge fund on managing litigation exposure risk related to new venture.\nAdvising general contractor on subcontractor disputes in large commercial construction projects.\nAdvising cannabis company regarding enforcing duties in purchase agreement.\nAdvising entertainment corporation in addressing harassment of executive officer.{{ FIELD }}Pro Bono\nRepresenting health care providers in challenging abortion restrictions in Indiana and Ohio.\nCo-authored amicus brief before New York Court of Appeal in case that altered rules for instructing juries on cross-racial identification.\nSuccessfully obtained religious and health accommodations on behalf of incarcerated client.\nRepresenting trafficking victim in prosecution of trafficker and successfully obtaining T-Visa.\nAdvising public defender office regarding protections for criminal defendants during COVID-19 pandemic.{{ FIELD }}Jenny Pelaez focuses her practice on complex commercial and class action litigation at the trial and appellate levels. She has extensive experience representing a diverse group of clients in high-stakes matters involving claims under antitrust, securities and consumer protection laws, as well as a variety of contract and tort claims. She also regularly represents public companies and individuals in a wide range of industries in securities class action and derivative litigation. Her clients include companies in the financial services, accounting, technology, and entertainment industries.\nJenny also maintains a robust pro bono practice, including in the areas of reproductive rights, immigration law, public benefits, criminal procedure and prisoner’s rights.\nPrior to joining the firm, Jenny clerked with the Honorable Pamela K. Chen of the US District Court for the Eastern District of New York. She worked for two years as a fellow at the National Center for Law and Economic Justice, where she litigated class actions seeking to reform policies and practices affecting low-income populations, including claims under the federal Due Process Clause, Food Stamp Act, Medicaid Act and Americans with Disabilities Act. Previously, she was a law clerk for the Honorable Frank Maas of the US District for the Southern District of New York. Partner Honored with Above \u0026amp; Beyond Award for Outstanding Pro Bono Work  Sanctuary for Families, 2020 University of Pennsylvania University of Pennsylvania Law School Yeshiva University Benjamin N. Cardozo School of Law U.S. District Court for the Eastern District of New York U.S. District Court for the Northern District of New York U.S. District Court for the Southern District of New York U.S. District Court for the Western District of New York U.S. District Court for the Eastern District of Wisconsin U.S. District Court for the Central District of California U.S. District Court for the Eastern District of California U.S. District Court for the Northern District of California U.S. District Court for the Southern District of California California New York Law Clerk, Frank Maas, U.S. District Court for the Southern District of New York Law Clerk, Pamela K. Chen, U.S. District Court for the Eastern District of New York Recent Litigation Matters\nRepresenting a large financial institution in connection with all civil litigation arising out of alleged LIBOR manipulation, alleging antitrust, commodities manipulation and other claims. Obtained dismissal of putative class actions asserting antitrust, RICO, and CEA claims against a large international financial institution based on alleged manipulation of ICE LIBOR. Obtained dismissal of a putative class action asserting antitrust, RICO, CEA and common law claims against a large international financial institution based on alleged manipulation of the Canadian Dollar Offered Rate. Representing a large financial institution in connection with all merchant and consumer antitrust litigation concerning the setting of payment card interchange fees. Representing a large international financial institution in litigation alleging unlawful spoofing and naked short selling in the market for certain securities. Representing a large international financial institution in a putative antitrust class action alleging anticompetitive activity affecting variable rate debt obligations. Represented a national bank in putative class action asserting federal and state law claims related to debit cards used for government payments. Representing accounting firm in putative securities fraud and derivative shareholder class actions arising from alleged collusion to conceal accounting misstatement. Obtained dismissal of a putative class action alleging violations of federal securities law by a multinational commodity trading company. Obtained dismissal of putative securities fraud and derivative shareholder class actions against technology company arising from the company’s financial projection statements. Representing financial software company in shareholder demand to inspect books and records related to participation in federal tax initiative. Representing owner of prominent structure in action to enforcement construction warranties. Regulatory Matters\nRepresenting medical device company in responding to a Department of Justice civil investigative demand related to compliance with Anti-Kickback Statute.\nRepresenting accounting firm in Public Company Accounting Oversight Board inquiry related to client’s litigation liability estimates.\nRepresenting payment card services company in responding to Attorney General Civil Investigative Demand related to alleged disparate treatment of consumers.\nRepresenting media platform responding to inquiries from the U.S. Department of Housing and Urban Development regarding advertising practices. Corporate Counseling\nAdvising hedge fund on managing litigation exposure risk related to new venture.\nAdvising general contractor on subcontractor disputes in large commercial construction projects.\nAdvising cannabis company regarding enforcing duties in purchase agreement.\nAdvising entertainment corporation in addressing harassment of executive officer. Pro Bono\nRepresenting health care providers in challenging abortion restrictions in Indiana and Ohio.\nCo-authored amicus brief before New York Court of Appeal in case that altered rules for instructing juries on cross-racial identification.\nSuccessfully obtained religious and health accommodations on behalf of incarcerated client.\nRepresenting trafficking victim in prosecution of trafficker and successfully obtaining T-Visa.\nAdvising public defender office regarding protections for criminal defendants during COVID-19 pandemic.","searchable_name":"Jenny Pelaez","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":32,"capability_group_featured":null,"home_page_featured":null},{"id":442824,"version":1,"owner_type":"Person","owner_id":5743,"payload":{"bio":"\u003cp\u003eKelly Perigoe focuses on appeals and critical motions in state and federal appellate courts, and advises trial teams on key issues and in pre-trial and post-trial motion practice.\u0026nbsp; Kelly\u0026rsquo;s practice covers a wide variety of substantive areas, including complex commercial litigation, intellectual property law, and class actions.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eA former Ninth Circuit Court of Appeals judicial clerk, Kelly has over a decade in federal and state courts, throughout the United States and internationally, and from the pre-litigation to appellate phases.\u0026nbsp; She is regularly tapped to draft dispositive motions involving thorny issues, and leads appellate strategy in clients\u0026rsquo; most critical and impactful matters.\u0026nbsp; In addition to litigating, Kelly counsels clients on novel and complex legal issues affecting their businesses.\u003c/p\u003e\n\u003cp\u003eKelly has been recognized as one of the Best Lawyers Under 40 by the LGBT Bar Association in 2018, a Southern California Top 50 Women Rising Star in 2018 and 2019, and a Super Lawyers Rising Star from 2016 to 2019.\u0026nbsp; Kelly is also a member of the Los Angeles Leadership Committee of Lambda Legal, a national legal organization whose mission is to achieve full recognition of the civil rights of LGBT people and people with HIV.\u0026nbsp; She was a 2019 fellow in the Leadership Counsel on Legal Diversity program, where she continues to serve as a mentor.\u003c/p\u003e","slug":"kelly-perigoe","email":"kperigoe@kslaw.com","phone":null,"matters":["\u003cp\u003eDrafted the brief and argued before the California Courts of Appeal on behalf of\u0026nbsp;\u003cstrong\u003ean entertainment media company\u003c/strong\u003e\u0026nbsp;in an appeal from the confirmation of an arbitration award, resulting in a published decision in the client\u0026rsquo;s favor\u003c/p\u003e","\u003cp\u003eFiled an amicus brief in\u0026nbsp;\u003cem\u003eLucia v. Securities and Exchange Commission\u003c/em\u003e\u0026nbsp;before the United States Court of Appeals for the District of Columbia Circuit, sitting\u0026nbsp;\u003cem\u003een banc\u003c/em\u003e, on behalf of the\u0026nbsp;\u003cstrong\u003egeneral partner and investment manager of two hedge funds that invest in legal financing\u003c/strong\u003e, regarding the constitutionality of the appointment of SEC administrative law judges under the Appointments Clause of the United States Constitution\u003c/p\u003e","\u003cp\u003eFiled an amicus brief in\u0026nbsp;\u003cem\u003ePHH Corporation, et. al v. Consumer Financial Protection Bureau\u003c/em\u003e\u0026nbsp;before the United States Court of Appeals for the District of Columbia Circuit, sitting\u0026nbsp;\u003cem\u003een banc\u003c/em\u003e, on behalf of a\u0026nbsp;\u003cstrong\u003ehedge fund\u003c/strong\u003e\u0026nbsp;regarding the constitutionality of the CFPB\u0026rsquo;s structure\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003emajor clothing retailer\u003c/strong\u003e\u0026nbsp;that had lost an insurance dispute in trial court, obtaining a complete reversal in a published decision by the California Court of Appeal regarding an insurer\u0026rsquo;s duty to defend where there is potential for coverage for disparagement\u003c/p\u003e","\u003cp\u003eStepped in as appellate counsel for a\u0026nbsp;\u003cstrong\u003enationwide health club\u003c/strong\u003e, obtaining an affirmance of the trial court\u0026rsquo;s dismissal of a class action, persuading the Court of Appeal that the plaintiffs had failed to prove class-wide consumer confusion under California\u0026rsquo;s Unfair Competition Law\u003c/p\u003e","\u003cp\u003eWas an integral part of the appellate team that secured an affirmance of the trial court ruling the team obtained in favor of\u0026nbsp;\u003cstrong\u003eFox Searchlight Pictures\u003c/strong\u003e\u0026nbsp;on breach of contract claims brought by the producers of the film Napoleon Dynamite\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003etransgender woman\u003c/strong\u003e\u0026nbsp;seeking an amendment to the gender marker on her Kansas birth certificate in a petition for review of an adverse agency ruling before the Kansas district court\u003c/p\u003e","\u003cp\u003eObtained withholding of removal for a\u0026nbsp;\u003cstrong\u003etransgender woman\u003c/strong\u003e\u0026nbsp;who had been severely persecuted in her home country of Belize\u0026ndash;including being threatened with death by her family and detention by local police\u0026ndash;because of her sexual orientation and gender identity\u003c/p\u003e","\u003cp\u003eIn partnership with Inner City Law Center, represented a\u0026nbsp;\u003cstrong\u003eclass of low-income, Spanish-speaking tenants living in uninhabitable conditions\u003c/strong\u003e, obtaining a settlement that included a $400,000 payment to the clients, and required repairs to the apartments, ongoing control of pest infestation problems, and numerous other improvements to the building\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":1,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":2,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":3,"source":"capabilities"},{"id":13,"guid":"13.capabilities","index":4,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":5,"source":"capabilities"},{"id":699,"guid":"699.smart_tags","index":6,"source":"smartTags"},{"id":1180,"guid":"1180.smart_tags","index":7,"source":"smartTags"},{"id":121,"guid":"121.capabilities","index":8,"source":"capabilities"},{"id":1233,"guid":"1233.smart_tags","index":9,"source":"smartTags"},{"id":107,"guid":"107.capabilities","index":10,"source":"capabilities"},{"id":1243,"guid":"1243.smart_tags","index":11,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":12,"source":"smartTags"},{"id":1409,"guid":"1409.smart_tags","index":13,"source":"smartTags"}],"is_active":true,"last_name":"Perigoe","nick_name":"Kelly","clerkships":[{"name":"Judicial Clerk, Hon. A. Wallace Tashima, U.S. Court of Appeals for the Ninth Circuit","years_held":"2009 - 2010"}],"first_name":"Kelly","title_rank":9999,"updated_by":35,"law_schools":[{"id":2162,"meta":{"degree":"J.D.","honors":"Order of the Coif","is_law_school":"1","graduation_date":"2009-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Best Lawyers Under 40, LGBT Bar Association ","detail":"2018"},{"title":"Top 50 Women Rising Star, Southern California Super Lawyers ","detail":"2018- 2019"},{"title":"Rising Star, Southern California Super Lawyers ","detail":"2016-2019"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eKelly Perigoe focuses on appeals and critical motions in state and federal appellate courts, and advises trial teams on key issues and in pre-trial and post-trial motion practice.\u0026nbsp; Kelly\u0026rsquo;s practice covers a wide variety of substantive areas, including complex commercial litigation, intellectual property law, and class actions.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eA former Ninth Circuit Court of Appeals judicial clerk, Kelly has over a decade in federal and state courts, throughout the United States and internationally, and from the pre-litigation to appellate phases.\u0026nbsp; She is regularly tapped to draft dispositive motions involving thorny issues, and leads appellate strategy in clients\u0026rsquo; most critical and impactful matters.\u0026nbsp; In addition to litigating, Kelly counsels clients on novel and complex legal issues affecting their businesses.\u003c/p\u003e\n\u003cp\u003eKelly has been recognized as one of the Best Lawyers Under 40 by the LGBT Bar Association in 2018, a Southern California Top 50 Women Rising Star in 2018 and 2019, and a Super Lawyers Rising Star from 2016 to 2019.\u0026nbsp; Kelly is also a member of the Los Angeles Leadership Committee of Lambda Legal, a national legal organization whose mission is to achieve full recognition of the civil rights of LGBT people and people with HIV.\u0026nbsp; She was a 2019 fellow in the Leadership Counsel on Legal Diversity program, where she continues to serve as a mentor.\u003c/p\u003e","matters":["\u003cp\u003eDrafted the brief and argued before the California Courts of Appeal on behalf of\u0026nbsp;\u003cstrong\u003ean entertainment media company\u003c/strong\u003e\u0026nbsp;in an appeal from the confirmation of an arbitration award, resulting in a published decision in the client\u0026rsquo;s favor\u003c/p\u003e","\u003cp\u003eFiled an amicus brief in\u0026nbsp;\u003cem\u003eLucia v. Securities and Exchange Commission\u003c/em\u003e\u0026nbsp;before the United States Court of Appeals for the District of Columbia Circuit, sitting\u0026nbsp;\u003cem\u003een banc\u003c/em\u003e, on behalf of the\u0026nbsp;\u003cstrong\u003egeneral partner and investment manager of two hedge funds that invest in legal financing\u003c/strong\u003e, regarding the constitutionality of the appointment of SEC administrative law judges under the Appointments Clause of the United States Constitution\u003c/p\u003e","\u003cp\u003eFiled an amicus brief in\u0026nbsp;\u003cem\u003ePHH Corporation, et. al v. Consumer Financial Protection Bureau\u003c/em\u003e\u0026nbsp;before the United States Court of Appeals for the District of Columbia Circuit, sitting\u0026nbsp;\u003cem\u003een banc\u003c/em\u003e, on behalf of a\u0026nbsp;\u003cstrong\u003ehedge fund\u003c/strong\u003e\u0026nbsp;regarding the constitutionality of the CFPB\u0026rsquo;s structure\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003emajor clothing retailer\u003c/strong\u003e\u0026nbsp;that had lost an insurance dispute in trial court, obtaining a complete reversal in a published decision by the California Court of Appeal regarding an insurer\u0026rsquo;s duty to defend where there is potential for coverage for disparagement\u003c/p\u003e","\u003cp\u003eStepped in as appellate counsel for a\u0026nbsp;\u003cstrong\u003enationwide health club\u003c/strong\u003e, obtaining an affirmance of the trial court\u0026rsquo;s dismissal of a class action, persuading the Court of Appeal that the plaintiffs had failed to prove class-wide consumer confusion under California\u0026rsquo;s Unfair Competition Law\u003c/p\u003e","\u003cp\u003eWas an integral part of the appellate team that secured an affirmance of the trial court ruling the team obtained in favor of\u0026nbsp;\u003cstrong\u003eFox Searchlight Pictures\u003c/strong\u003e\u0026nbsp;on breach of contract claims brought by the producers of the film Napoleon Dynamite\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003etransgender woman\u003c/strong\u003e\u0026nbsp;seeking an amendment to the gender marker on her Kansas birth certificate in a petition for review of an adverse agency ruling before the Kansas district court\u003c/p\u003e","\u003cp\u003eObtained withholding of removal for a\u0026nbsp;\u003cstrong\u003etransgender woman\u003c/strong\u003e\u0026nbsp;who had been severely persecuted in her home country of Belize\u0026ndash;including being threatened with death by her family and detention by local police\u0026ndash;because of her sexual orientation and gender identity\u003c/p\u003e","\u003cp\u003eIn partnership with Inner City Law Center, represented a\u0026nbsp;\u003cstrong\u003eclass of low-income, Spanish-speaking tenants living in uninhabitable conditions\u003c/strong\u003e, obtaining a settlement that included a $400,000 payment to the clients, and required repairs to the apartments, ongoing control of pest infestation problems, and numerous other improvements to the building\u003c/p\u003e"],"recognitions":[{"title":"Best Lawyers Under 40, LGBT Bar Association ","detail":"2018"},{"title":"Top 50 Women Rising Star, Southern California Super Lawyers ","detail":"2018- 2019"},{"title":"Rising Star, Southern California Super Lawyers ","detail":"2016-2019"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":8126}]},"capability_group_id":3},"created_at":"2025-11-13T04:58:13.000Z","updated_at":"2025-11-13T04:58:13.000Z","searchable_text":"Perigoe{{ FIELD }}{:title=\u0026gt;\"Best Lawyers Under 40, LGBT Bar Association \", :detail=\u0026gt;\"2018\"}{{ FIELD }}{:title=\u0026gt;\"Top 50 Women Rising Star, Southern California Super Lawyers \", :detail=\u0026gt;\"2018- 2019\"}{{ FIELD }}{:title=\u0026gt;\"Rising Star, Southern California Super Lawyers \", :detail=\u0026gt;\"2016-2019\"}{{ FIELD }}Drafted the brief and argued before the California Courts of Appeal on behalf of an entertainment media company in an appeal from the confirmation of an arbitration award, resulting in a published decision in the client’s favor{{ FIELD }}Filed an amicus brief in Lucia v. Securities and Exchange Commission before the United States Court of Appeals for the District of Columbia Circuit, sitting en banc, on behalf of the general partner and investment manager of two hedge funds that invest in legal financing, regarding the constitutionality of the appointment of SEC administrative law judges under the Appointments Clause of the United States Constitution{{ FIELD }}Filed an amicus brief in PHH Corporation, et. al v. Consumer Financial Protection Bureau before the United States Court of Appeals for the District of Columbia Circuit, sitting en banc, on behalf of a hedge fund regarding the constitutionality of the CFPB’s structure{{ FIELD }}Represented a major clothing retailer that had lost an insurance dispute in trial court, obtaining a complete reversal in a published decision by the California Court of Appeal regarding an insurer’s duty to defend where there is potential for coverage for disparagement{{ FIELD }}Stepped in as appellate counsel for a nationwide health club, obtaining an affirmance of the trial court’s dismissal of a class action, persuading the Court of Appeal that the plaintiffs had failed to prove class-wide consumer confusion under California’s Unfair Competition Law{{ FIELD }}Was an integral part of the appellate team that secured an affirmance of the trial court ruling the team obtained in favor of Fox Searchlight Pictures on breach of contract claims brought by the producers of the film Napoleon Dynamite{{ FIELD }}Represented a transgender woman seeking an amendment to the gender marker on her Kansas birth certificate in a petition for review of an adverse agency ruling before the Kansas district court{{ FIELD }}Obtained withholding of removal for a transgender woman who had been severely persecuted in her home country of Belize–including being threatened with death by her family and detention by local police–because of her sexual orientation and gender identity{{ FIELD }}In partnership with Inner City Law Center, represented a class of low-income, Spanish-speaking tenants living in uninhabitable conditions, obtaining a settlement that included a $400,000 payment to the clients, and required repairs to the apartments, ongoing control of pest infestation problems, and numerous other improvements to the building{{ FIELD }}Kelly Perigoe focuses on appeals and critical motions in state and federal appellate courts, and advises trial teams on key issues and in pre-trial and post-trial motion practice.  Kelly’s practice covers a wide variety of substantive areas, including complex commercial litigation, intellectual property law, and class actions.\nA former Ninth Circuit Court of Appeals judicial clerk, Kelly has over a decade in federal and state courts, throughout the United States and internationally, and from the pre-litigation to appellate phases.  She is regularly tapped to draft dispositive motions involving thorny issues, and leads appellate strategy in clients’ most critical and impactful matters.  In addition to litigating, Kelly counsels clients on novel and complex legal issues affecting their businesses.\nKelly has been recognized as one of the Best Lawyers Under 40 by the LGBT Bar Association in 2018, a Southern California Top 50 Women Rising Star in 2018 and 2019, and a Super Lawyers Rising Star from 2016 to 2019.  Kelly is also a member of the Los Angeles Leadership Committee of Lambda Legal, a national legal organization whose mission is to achieve full recognition of the civil rights of LGBT people and people with HIV.  She was a 2019 fellow in the Leadership Counsel on Legal Diversity program, where she continues to serve as a mentor. Partner Best Lawyers Under 40, LGBT Bar Association  2018 Top 50 Women Rising Star, Southern California Super Lawyers  2018- 2019 Rising Star, Southern California Super Lawyers  2016-2019 University of North Carolina at Chapel Hill University of North Carolina School of Law University of California-Los Angeles UCLA School of Law California LGBT Bar Association of Los Angeles Judicial Clerk, Hon. A. Wallace Tashima, U.S. Court of Appeals for the Ninth Circuit Drafted the brief and argued before the California Courts of Appeal on behalf of an entertainment media company in an appeal from the confirmation of an arbitration award, resulting in a published decision in the client’s favor Filed an amicus brief in Lucia v. Securities and Exchange Commission before the United States Court of Appeals for the District of Columbia Circuit, sitting en banc, on behalf of the general partner and investment manager of two hedge funds that invest in legal financing, regarding the constitutionality of the appointment of SEC administrative law judges under the Appointments Clause of the United States Constitution Filed an amicus brief in PHH Corporation, et. al v. Consumer Financial Protection Bureau before the United States Court of Appeals for the District of Columbia Circuit, sitting en banc, on behalf of a hedge fund regarding the constitutionality of the CFPB’s structure Represented a major clothing retailer that had lost an insurance dispute in trial court, obtaining a complete reversal in a published decision by the California Court of Appeal regarding an insurer’s duty to defend where there is potential for coverage for disparagement Stepped in as appellate counsel for a nationwide health club, obtaining an affirmance of the trial court’s dismissal of a class action, persuading the Court of Appeal that the plaintiffs had failed to prove class-wide consumer confusion under California’s Unfair Competition Law Was an integral part of the appellate team that secured an affirmance of the trial court ruling the team obtained in favor of Fox Searchlight Pictures on breach of contract claims brought by the producers of the film Napoleon Dynamite Represented a transgender woman seeking an amendment to the gender marker on her Kansas birth certificate in a petition for review of an adverse agency ruling before the Kansas district court Obtained withholding of removal for a transgender woman who had been severely persecuted in her home country of Belize–including being threatened with death by her family and detention by local police–because of her sexual orientation and gender identity In partnership with Inner City Law Center, represented a class of low-income, Spanish-speaking tenants living in uninhabitable conditions, obtaining a settlement that included a $400,000 payment to the clients, and required repairs to the apartments, ongoing control of pest infestation problems, and numerous other improvements to the building","searchable_name":"Kelly Perigoe","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null},{"id":447573,"version":1,"owner_type":"Person","owner_id":3360,"payload":{"bio":"\u003cp\u003eMark is a Partner in the firm\u0026rsquo;s Healthcare practice and Co-Chairs the firm\u0026rsquo;s Life Sciences and Healthcare Industry Group, which is comprised of more than 300 lawyers across the firm.\u0026nbsp; As the former HHS Deputy Associate General Counsel for Litigation for the Centers for Medicare \u0026amp; Medicaid Services, Mark has over 20\u0026nbsp;years of experience in Medicare reimbursement policy and Medicare fraud defense and represents numerous health care systems and hospitals in navigating the Medicare regulatory environment.\u0026nbsp; Mark has served as the lead litigator on numerous Medicare reimbursement litigation cases defending providers against government enforcement actions, and frequently advises clients on Medicare reimbursement strategy and regulatory and compliance requirements.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eFor more than 20 years, Mark has counseled clients in navigating through the complex realm of Medicare, a regulatory environment so intricate that the Supreme Court has described it as \u0026ldquo;unintelligible to the uninitiated.\u0026rdquo;\u0026nbsp; In that vein, Mark specializes in representing clients and litigating complicated Medicare reimbursement issues, including the successful challenge to Medicare\u0026rsquo;s so-called \u0026ldquo;Two Midnight\u0026rdquo; 0.2 percent rate cut.\u0026nbsp; As a former high-ranking litigator within the Department of Health and Human Services, Mark brings credibility and an insider\u0026rsquo;s knowledge when advocating before the Centers for Medicare \u0026amp; Medicaid Services and Congress on Medicare and Medicaid issues.\u003c/p\u003e\n\u003cp\u003eDrawing upon his experience as CMS\u0026rsquo;s\u0026nbsp;former chief litigation counsel, Mark represents hundreds of hospitals in Medicare reimbursement appeals.\u0026nbsp; His cases typically challenge national Medicare reimbursement policies, with hundreds of millions of dollars at stake.\u0026nbsp; On the defense side, Mark\u0026rsquo;s years of government fraud enforcement experience and Medicare knowledge translates to surgically effective representation of providers in Medicare fraud investigations.\u003c/p\u003e\n\u003cp\u003eMark is more than just a litigator.\u0026nbsp; According to Chambers USA, sources praise Mark\u0026rsquo;s ability to \u0026ldquo;distill issues carefully and thoughtfully,\u0026rdquo; while also praising his \u0026ldquo;very client service-oriented\u0026rdquo; approach.\u0026nbsp; Given Mark\u0026rsquo;s vast knowledge of the pitfalls and complexities woven throughout the regulatory and compliance labyrinth of Medicare and Medicaid, Mark is able to counsel and strategize with clients on diverse topics such as Graduate Medical Education reimbursement for teaching hospitals, Medicare\u0026rsquo;s \u0026ldquo;provider-based\u0026rdquo; rules, and Medicare coverage standards for inpatient services.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eHis extensive and lengthy experience in handling complex Medicare and Medicaid issues has led Mark to be deemed a nationally-recognized expert, particularly on matters related to Medicare reimbursement.\u0026nbsp; Mark is also a frequent speaker and a Faculty Member of the Institute on Medicare and Medicaid Payment, and participates annually in the Institute\u0026rsquo;s conference sponsored by the American Health Lawyers\u0026rsquo; Association.\u0026nbsp; Mark is also co-editor of the\u0026nbsp;\u003cem\u003eReimbursement Advisor\u003c/em\u003e, a leading publication within the healthcare finance community.\u003c/p\u003e","slug":"mark-polston","email":"mpolston@kslaw.com","phone":null,"matters":["\u003cp\u003e\"Represented over 200 hospitals in a successful lawsuit challenging CMS's decision to cut inpatient Medicare hospital rates to offset the financial impact of the so-called Two Midnight rule, leading to a reversal of the policy by CMS and an influx of approximately $660 million in additional Medicare reimbursement to the nation's acute care hospitals.\"\u003c/p\u003e","\u003cp\u003e\"Won an $18 million arbitration award for a national healthcare company involving breach of contract and fraud claims against sellers of a Medicare-reimbursed hospice.\"\u003c/p\u003e","\u003cp\u003e\"Spearheaded the RAC Coalition, a group of the nation's leading hospitals which successfully lobbied for reform of the Medicare Recovery Audit Contractor program.\"\u003c/p\u003e","\u003cp\u003e\"Leading the Stark Reform Coalition, a consortium of hospitals seeking reform of the Stark Physician Self Referral Law.\"\u003c/p\u003e","\u003cp\u003e\"Representing an academic medical center in a False Claims Act investigation involving allegations of violations of the Medicare provider-based facility rule.\"\u003c/p\u003e","\u003cp\u003e\"Representing Community Health Systems in numerous cost report reimbursement appeals before the Provider Reimbursement Review Board and in federal court.\"\u003c/p\u003e","\u003cp\u003e\"Representing the Florida Hospital Association and several Florida hospitals in multi-million dollar group appeal challenge to CMS policy excluding Low Income Pool Section 1115 expansion waiver days from the Medicare DSH payment calculation.\"\u003c/p\u003e","\u003cp\u003e\"Counseled major Mid-Western hospital chain on reorganization of its Medicare Graduate Medical Education programs, including seeking rural re-designation of certain hospitals in order to maximize FTE 'cap space' and take advantage of relaxed rules for creation of 'new' medical education programs, all of which resulted in millions of dollars of additional Medicare reimbursement.\"\u003c/p\u003e","\u003cp\u003e\"Successfully assisted academic medical center in seeking 'on-campus' status from CMS for provider-based facility located more than 250 yards from campus, resulting in millions of dollars of additional Medicare reimbursement.\"\u003c/p\u003e","\u003cp\u003e\"Counseled numerous providers on the 60-day overpayment rule, including advising a hospice provider in identifying and returning a $10 million overpayment refund to the Medicare program.\"\u003c/p\u003e","\u003cp\u003e\"Representing 30 hospitals in a multi-million dollar challenge to CMS regulation which arbitrarily penalizes teaching hospitals for training medical fellows above their 'FTE cap.'\"\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":2,"guid":"2.capabilities","index":0,"source":"capabilities"},{"id":23,"guid":"23.capabilities","index":1,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":2,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":3,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":4,"source":"capabilities"},{"id":826,"guid":"826.smart_tags","index":5,"source":"smartTags"},{"id":952,"guid":"952.smart_tags","index":6,"source":"smartTags"},{"id":970,"guid":"970.smart_tags","index":7,"source":"smartTags"},{"id":109,"guid":"109.capabilities","index":8,"source":"capabilities"},{"id":1097,"guid":"1097.smart_tags","index":9,"source":"smartTags"},{"id":110,"guid":"110.capabilities","index":10,"source":"capabilities"},{"id":112,"guid":"112.capabilities","index":11,"source":"capabilities"},{"id":114,"guid":"114.capabilities","index":12,"source":"capabilities"},{"id":120,"guid":"120.capabilities","index":13,"source":"capabilities"},{"id":122,"guid":"122.capabilities","index":14,"source":"capabilities"},{"id":1202,"guid":"1202.smart_tags","index":15,"source":"smartTags"}],"is_active":true,"last_name":"Polston","nick_name":"Mark","clerkships":[{"name":"Law Clerk, Pierce Lively, U.S. Court of Appeals for the Sixth Circuit","years_held":"1988-1989"}],"first_name":"Mark","title_rank":9999,"updated_by":202,"law_schools":[{"id":824,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"1988-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"D.","name_suffix":"","recognitions":[{"title":"Source notes, “tremendous understanding of how enforcement agencies view and interpret the law...”","detail":"Chambers 2020 Healthcare"},{"title":"Sources praise his ability to “distill issues carefully and thoughtfully\"","detail":"Chambers 2017 Healthcare"},{"title":"Named a “Life Sciences Star”","detail":"LMG Life Sciences, 2016-2021"},{"title":"Ranked in the Healthcare: Service Providers category","detail":"The Legal 500, 2015"},{"title":"Received the Superior Achievement Award","detail":"HHS, Office of General Counsel"},{"title":"Received the Special Service Citation","detail":"CMS Administrator"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eMark is a Partner in the firm\u0026rsquo;s Healthcare practice and Co-Chairs the firm\u0026rsquo;s Life Sciences and Healthcare Industry Group, which is comprised of more than 300 lawyers across the firm.\u0026nbsp; As the former HHS Deputy Associate General Counsel for Litigation for the Centers for Medicare \u0026amp; Medicaid Services, Mark has over 20\u0026nbsp;years of experience in Medicare reimbursement policy and Medicare fraud defense and represents numerous health care systems and hospitals in navigating the Medicare regulatory environment.\u0026nbsp; Mark has served as the lead litigator on numerous Medicare reimbursement litigation cases defending providers against government enforcement actions, and frequently advises clients on Medicare reimbursement strategy and regulatory and compliance requirements.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eFor more than 20 years, Mark has counseled clients in navigating through the complex realm of Medicare, a regulatory environment so intricate that the Supreme Court has described it as \u0026ldquo;unintelligible to the uninitiated.\u0026rdquo;\u0026nbsp; In that vein, Mark specializes in representing clients and litigating complicated Medicare reimbursement issues, including the successful challenge to Medicare\u0026rsquo;s so-called \u0026ldquo;Two Midnight\u0026rdquo; 0.2 percent rate cut.\u0026nbsp; As a former high-ranking litigator within the Department of Health and Human Services, Mark brings credibility and an insider\u0026rsquo;s knowledge when advocating before the Centers for Medicare \u0026amp; Medicaid Services and Congress on Medicare and Medicaid issues.\u003c/p\u003e\n\u003cp\u003eDrawing upon his experience as CMS\u0026rsquo;s\u0026nbsp;former chief litigation counsel, Mark represents hundreds of hospitals in Medicare reimbursement appeals.\u0026nbsp; His cases typically challenge national Medicare reimbursement policies, with hundreds of millions of dollars at stake.\u0026nbsp; On the defense side, Mark\u0026rsquo;s years of government fraud enforcement experience and Medicare knowledge translates to surgically effective representation of providers in Medicare fraud investigations.\u003c/p\u003e\n\u003cp\u003eMark is more than just a litigator.\u0026nbsp; According to Chambers USA, sources praise Mark\u0026rsquo;s ability to \u0026ldquo;distill issues carefully and thoughtfully,\u0026rdquo; while also praising his \u0026ldquo;very client service-oriented\u0026rdquo; approach.\u0026nbsp; Given Mark\u0026rsquo;s vast knowledge of the pitfalls and complexities woven throughout the regulatory and compliance labyrinth of Medicare and Medicaid, Mark is able to counsel and strategize with clients on diverse topics such as Graduate Medical Education reimbursement for teaching hospitals, Medicare\u0026rsquo;s \u0026ldquo;provider-based\u0026rdquo; rules, and Medicare coverage standards for inpatient services.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eHis extensive and lengthy experience in handling complex Medicare and Medicaid issues has led Mark to be deemed a nationally-recognized expert, particularly on matters related to Medicare reimbursement.\u0026nbsp; Mark is also a frequent speaker and a Faculty Member of the Institute on Medicare and Medicaid Payment, and participates annually in the Institute\u0026rsquo;s conference sponsored by the American Health Lawyers\u0026rsquo; Association.\u0026nbsp; Mark is also co-editor of the\u0026nbsp;\u003cem\u003eReimbursement Advisor\u003c/em\u003e, a leading publication within the healthcare finance community.\u003c/p\u003e","matters":["\u003cp\u003e\"Represented over 200 hospitals in a successful lawsuit challenging CMS's decision to cut inpatient Medicare hospital rates to offset the financial impact of the so-called Two Midnight rule, leading to a reversal of the policy by CMS and an influx of approximately $660 million in additional Medicare reimbursement to the nation's acute care hospitals.\"\u003c/p\u003e","\u003cp\u003e\"Won an $18 million arbitration award for a national healthcare company involving breach of contract and fraud claims against sellers of a Medicare-reimbursed hospice.\"\u003c/p\u003e","\u003cp\u003e\"Spearheaded the RAC Coalition, a group of the nation's leading hospitals which successfully lobbied for reform of the Medicare Recovery Audit Contractor program.\"\u003c/p\u003e","\u003cp\u003e\"Leading the Stark Reform Coalition, a consortium of hospitals seeking reform of the Stark Physician Self Referral Law.\"\u003c/p\u003e","\u003cp\u003e\"Representing an academic medical center in a False Claims Act investigation involving allegations of violations of the Medicare provider-based facility rule.\"\u003c/p\u003e","\u003cp\u003e\"Representing Community Health Systems in numerous cost report reimbursement appeals before the Provider Reimbursement Review Board and in federal court.\"\u003c/p\u003e","\u003cp\u003e\"Representing the Florida Hospital Association and several Florida hospitals in multi-million dollar group appeal challenge to CMS policy excluding Low Income Pool Section 1115 expansion waiver days from the Medicare DSH payment calculation.\"\u003c/p\u003e","\u003cp\u003e\"Counseled major Mid-Western hospital chain on reorganization of its Medicare Graduate Medical Education programs, including seeking rural re-designation of certain hospitals in order to maximize FTE 'cap space' and take advantage of relaxed rules for creation of 'new' medical education programs, all of which resulted in millions of dollars of additional Medicare reimbursement.\"\u003c/p\u003e","\u003cp\u003e\"Successfully assisted academic medical center in seeking 'on-campus' status from CMS for provider-based facility located more than 250 yards from campus, resulting in millions of dollars of additional Medicare reimbursement.\"\u003c/p\u003e","\u003cp\u003e\"Counseled numerous providers on the 60-day overpayment rule, including advising a hospice provider in identifying and returning a $10 million overpayment refund to the Medicare program.\"\u003c/p\u003e","\u003cp\u003e\"Representing 30 hospitals in a multi-million dollar challenge to CMS regulation which arbitrarily penalizes teaching hospitals for training medical fellows above their 'FTE cap.'\"\u003c/p\u003e"],"recognitions":[{"title":"Source notes, “tremendous understanding of how enforcement agencies view and interpret the law...”","detail":"Chambers 2020 Healthcare"},{"title":"Sources praise his ability to “distill issues carefully and thoughtfully\"","detail":"Chambers 2017 Healthcare"},{"title":"Named a “Life Sciences Star”","detail":"LMG Life Sciences, 2016-2021"},{"title":"Ranked in the Healthcare: Service Providers category","detail":"The Legal 500, 2015"},{"title":"Received the Superior 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Achievement Award\", :detail=\u0026gt;\"HHS, Office of General Counsel\"}{{ FIELD }}{:title=\u0026gt;\"Received the Special Service Citation\", :detail=\u0026gt;\"CMS Administrator\"}{{ FIELD }}\"Represented over 200 hospitals in a successful lawsuit challenging CMS's decision to cut inpatient Medicare hospital rates to offset the financial impact of the so-called Two Midnight rule, leading to a reversal of the policy by CMS and an influx of approximately $660 million in additional Medicare reimbursement to the nation's acute care hospitals.\"{{ FIELD }}\"Won an $18 million arbitration award for a national healthcare company involving breach of contract and fraud claims against sellers of a Medicare-reimbursed hospice.\"{{ FIELD }}\"Spearheaded the RAC Coalition, a group of the nation's leading hospitals which successfully lobbied for reform of the Medicare Recovery Audit Contractor program.\"{{ FIELD }}\"Leading the Stark Reform Coalition, a consortium of hospitals seeking reform of the Stark Physician Self Referral Law.\"{{ FIELD }}\"Representing an academic medical center in a False Claims Act investigation involving allegations of violations of the Medicare provider-based facility rule.\"{{ FIELD }}\"Representing Community Health Systems in numerous cost report reimbursement appeals before the Provider Reimbursement Review Board and in federal court.\"{{ FIELD }}\"Representing the Florida Hospital Association and several Florida hospitals in multi-million dollar group appeal challenge to CMS policy excluding Low Income Pool Section 1115 expansion waiver days from the Medicare DSH payment calculation.\"{{ FIELD }}\"Counseled major Mid-Western hospital chain on reorganization of its Medicare Graduate Medical Education programs, including seeking rural re-designation of certain hospitals in order to maximize FTE 'cap space' and take advantage of relaxed rules for creation of 'new' medical education programs, all of which resulted in millions of dollars of additional Medicare reimbursement.\"{{ FIELD }}\"Successfully assisted academic medical center in seeking 'on-campus' status from CMS for provider-based facility located more than 250 yards from campus, resulting in millions of dollars of additional Medicare reimbursement.\"{{ FIELD }}\"Counseled numerous providers on the 60-day overpayment rule, including advising a hospice provider in identifying and returning a $10 million overpayment refund to the Medicare program.\"{{ FIELD }}\"Representing 30 hospitals in a multi-million dollar challenge to CMS regulation which arbitrarily penalizes teaching hospitals for training medical fellows above their 'FTE cap.'\"{{ FIELD }}Mark is a Partner in the firm’s Healthcare practice and Co-Chairs the firm’s Life Sciences and Healthcare Industry Group, which is comprised of more than 300 lawyers across the firm.  As the former HHS Deputy Associate General Counsel for Litigation for the Centers for Medicare \u0026amp; Medicaid Services, Mark has over 20 years of experience in Medicare reimbursement policy and Medicare fraud defense and represents numerous health care systems and hospitals in navigating the Medicare regulatory environment.  Mark has served as the lead litigator on numerous Medicare reimbursement litigation cases defending providers against government enforcement actions, and frequently advises clients on Medicare reimbursement strategy and regulatory and compliance requirements.\nFor more than 20 years, Mark has counseled clients in navigating through the complex realm of Medicare, a regulatory environment so intricate that the Supreme Court has described it as “unintelligible to the uninitiated.”  In that vein, Mark specializes in representing clients and litigating complicated Medicare reimbursement issues, including the successful challenge to Medicare’s so-called “Two Midnight” 0.2 percent rate cut.  As a former high-ranking litigator within the Department of Health and Human Services, Mark brings credibility and an insider’s knowledge when advocating before the Centers for Medicare \u0026amp; Medicaid Services and Congress on Medicare and Medicaid issues.\nDrawing upon his experience as CMS’s former chief litigation counsel, Mark represents hundreds of hospitals in Medicare reimbursement appeals.  His cases typically challenge national Medicare reimbursement policies, with hundreds of millions of dollars at stake.  On the defense side, Mark’s years of government fraud enforcement experience and Medicare knowledge translates to surgically effective representation of providers in Medicare fraud investigations.\nMark is more than just a litigator.  According to Chambers USA, sources praise Mark’s ability to “distill issues carefully and thoughtfully,” while also praising his “very client service-oriented” approach.  Given Mark’s vast knowledge of the pitfalls and complexities woven throughout the regulatory and compliance labyrinth of Medicare and Medicaid, Mark is able to counsel and strategize with clients on diverse topics such as Graduate Medical Education reimbursement for teaching hospitals, Medicare’s “provider-based” rules, and Medicare coverage standards for inpatient services. \nHis extensive and lengthy experience in handling complex Medicare and Medicaid issues has led Mark to be deemed a nationally-recognized expert, particularly on matters related to Medicare reimbursement.  Mark is also a frequent speaker and a Faculty Member of the Institute on Medicare and Medicaid Payment, and participates annually in the Institute’s conference sponsored by the American Health Lawyers’ Association.  Mark is also co-editor of the Reimbursement Advisor, a leading publication within the healthcare finance community. Partner Source notes, “tremendous understanding of how enforcement agencies view and interpret the law...” Chambers 2020 Healthcare Sources praise his ability to “distill issues carefully and thoughtfully\" Chambers 2017 Healthcare Named a “Life Sciences Star” LMG Life Sciences, 2016-2021 Ranked in the Healthcare: Service Providers category The Legal 500, 2015 Received the Superior Achievement Award HHS, Office of General Counsel Received the Special Service Citation CMS Administrator University of Dayton University of Dayton School of Law Harvard University Harvard Law School Supreme Court of the United States U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the D.C. Circuit California District of Columbia Maryland Law Clerk, Pierce Lively, U.S. Court of Appeals for the Sixth Circuit \"Represented over 200 hospitals in a successful lawsuit challenging CMS's decision to cut inpatient Medicare hospital rates to offset the financial impact of the so-called Two Midnight rule, leading to a reversal of the policy by CMS and an influx of approximately $660 million in additional Medicare reimbursement to the nation's acute care hospitals.\" \"Won an $18 million arbitration award for a national healthcare company involving breach of contract and fraud claims against sellers of a Medicare-reimbursed hospice.\" \"Spearheaded the RAC Coalition, a group of the nation's leading hospitals which successfully lobbied for reform of the Medicare Recovery Audit Contractor program.\" \"Leading the Stark Reform Coalition, a consortium of hospitals seeking reform of the Stark Physician Self Referral Law.\" \"Representing an academic medical center in a False Claims Act investigation involving allegations of violations of the Medicare provider-based facility rule.\" \"Representing Community Health Systems in numerous cost report reimbursement appeals before the Provider Reimbursement Review Board and in federal court.\" \"Representing the Florida Hospital Association and several Florida hospitals in multi-million dollar group appeal challenge to CMS policy excluding Low Income Pool Section 1115 expansion waiver days from the Medicare DSH payment calculation.\" \"Counseled major Mid-Western hospital chain on reorganization of its Medicare Graduate Medical Education programs, including seeking rural re-designation of certain hospitals in order to maximize FTE 'cap space' and take advantage of relaxed rules for creation of 'new' medical education programs, all of which resulted in millions of dollars of additional Medicare reimbursement.\" \"Successfully assisted academic medical center in seeking 'on-campus' status from CMS for provider-based facility located more than 250 yards from campus, resulting in millions of dollars of additional Medicare reimbursement.\" \"Counseled numerous providers on the 60-day overpayment rule, including advising a hospice provider in identifying and returning a $10 million overpayment refund to the Medicare program.\" \"Representing 30 hospitals in a multi-million dollar challenge to CMS regulation which arbitrarily penalizes teaching hospitals for training medical fellows above their 'FTE cap.'\"","searchable_name":"Mark D. Polston","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":447446,"version":1,"owner_type":"Person","owner_id":4166,"payload":{"bio":"\u003cp\u003eSarah is a trusted advisor to corporate debtors, institutional banks, private credit funds, and other key stakeholders navigating complex special situations and restructurings. Her practice encompasses high-profile\u0026nbsp;chapter 11 proceedings, sophisticated out-of-court transactions including liability management exercises, and distressed M\u0026amp;A. Sarah also has extensive bankruptcy litigation experience, representing litigants in contested matters, adversary proceedings, federal court appeals, and other complex\u0026nbsp; insolvency disputes. Her work spans the energy, health care, technology, manufacturing, retail, real estate, restaurant, and hospitality sectors. \u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBefore joining King \u0026amp; Spalding,\u0026nbsp;Sarah served as a law clerk to Judge James E. Graves, Jr. of the U.S. Court of Appeals for the Fifth Circuit and Chief Judge Paul G. Hyman, Jr. of the U.S. Bankruptcy Court for the Southern District of Florida.\u003c/p\u003e\n\u003cp\u003eSarah's accomplishments have earned widespread recognition. Chambers USA named her an Up \u0026amp; Coming lawyer in Bankruptcy/Restructuring, with interviewees describing her as \"very bright, extremely hard-working and well-rounded.\" She has been consecutively recognized among the 500 Leading Global Bankruptcy \u0026amp; Restructuring Lawyers and was selected for the American Bankruptcy Institute's prestigious \"40 Under 40\" list of emerging insolvency leaders in 2022. Yahoo! Finance honored her as one of its HERoes \u0026mdash; 100 Future Leaders from 2020 through 2022, while Private Debt Investor named her a Rising Star in 2022, and Georgia Trend Magazine included her in its \"40 Under 40\" class of 2020.\u003c/p\u003e\n\u003cp\u003eSarah is deeply committed to advancing the profession and supporting the next generation of leaders. She serves as a Board Member of Girls Just Wanna Have Funds and has held leadership roles with the International Women's Insolvency \u0026amp; Restructuring Confederation, including as director at large for the Georgia network. She is also an active member of the American Bankruptcy Institute and the Turnaround Management Association. A frequent\u0026nbsp;speaker and prolific author, Sarah's insights have appeared in numerous industry journals, law reviews, and other leading publications.\u003c/p\u003e","slug":"sarah-primrose","email":"sprimrose@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSound Point Capital\u003c/strong\u003e\u0026nbsp;in connection with a multitude of financings including Allen Media and Buzzfeed.\u003c/p\u003e","\u003cp\u003eServed as Debtors' counsel to\u0026nbsp;\u003cstrong\u003eRed Lobster\u003c/strong\u003e\u0026nbsp;Management LLC and its affiliates in their Chapter 11 bankruptcy proceedings (Bankr. M.D. Fla.).\u003c/p\u003e","\u003cp\u003eServing as Debtors' counsel to OTB Holding LLC (\u003cstrong\u003eOn the Border\u003c/strong\u003e), and its affiliates in their Chapter 11 bankruptcy proceedings (Bankr. N.D. Ga.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSound Point Capital\u003c/strong\u003e\u0026nbsp;in connection with a $250 million first out revolving credit facility related to the emergence of\u0026nbsp;\u003cstrong\u003eCineworld Group\u003c/strong\u003e\u0026nbsp;from bankruptcy.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eJW Aluminum\u003c/strong\u003e\u0026nbsp;in its successful appeal in\u0026nbsp;\u003cem\u003eIn re United States Pipe \u0026amp; Foundry Co.\u003c/em\u003e, 32 F.4th 1324 (11th Cir. 2022).\u003c/p\u003e","\u003cp\u003eServed as Debtors\u0026rsquo; counsel to\u0026nbsp;\u003cstrong\u003eFibrant, Inc.\u003c/strong\u003e, a chemical manufacturer with extensive environmental liabilities, in its Chapter 11 filing (Bankr. S.D. Ga.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSunTrust Equipment Finance \u0026amp; Leasing\u003c/strong\u003e\u0026nbsp;in connection with the Chapter 11 case of Dean Foods, America's largest milk producer (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMonitronics International\u003c/strong\u003e\u0026nbsp;in connection with the structuring, negotiation and execution of multiple restructuring transactions involving approximately $1.8 billion of indebtedness (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented a surety with a large exposure in\u0026nbsp;\u003cstrong\u003eFrontier Communications\u003c/strong\u003e\u0026nbsp;(Bankr. S.D.N.Y.).\u003c/p\u003e","\u003cp\u003eRepresented current and former directors and officers of\u0026nbsp;\u003cstrong\u003eCBL \u0026amp; Associates Properties Inc.\u003c/strong\u003e\u0026nbsp;in connection with obtaining broad third-party releases in CBL\u0026rsquo;s bankruptcy case (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented current and former directors and officers of\u0026nbsp;\u003cstrong\u003eAmerican Addiction Centers, Inc.\u003c/strong\u003e\u0026nbsp;(Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eRepresented former directors and officers of\u0026nbsp;\u003cstrong\u003eQuorum Health Corporation\u003c/strong\u003e\u0026nbsp;(Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eServed as Debtors' counsel to\u0026nbsp;\u003cstrong\u003eAstroTurf, LLC\u003c/strong\u003e\u0026nbsp;in its Chapter 11 bankruptcy case and sale of its business (Bankr. N.D. Ga.).\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003eJack Cooper Ventures, Inc\u003c/strong\u003e., and its affiliates, in their Chapter 11 bankruptcy proceedings and other matters (Bankr. N.D. Ga.).\u003c/p\u003e","\u003cp\u003eServed as Debtors\u0026rsquo; counsel to\u0026nbsp;\u003cstrong\u003eIgnite Restaurants Inc\u003c/strong\u003e., a public company, and its subsidiaries, in their Chapter 11 bankruptcy proceedings (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCoca-Cola\u003c/strong\u003e\u0026nbsp;in connection with the Perkins \u0026amp; Marie Callender's bankruptcy case (Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eAdvised the\u0026nbsp;\u003cstrong\u003ePuerto Rico Electric Power Authority\u003c/strong\u003e\u0026nbsp;during their procurement of renewable and energy storage resources\u003cstrong\u003e\u0026mdash;\u003c/strong\u003eone of the single largest energy transition programs in the United States.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eKKR Credit Advisors\u003c/strong\u003e\u0026nbsp;as prepetition lender and joint-venture purchaser through partial credit bid of substantially all the assets of Borden Dairy through 363 sale in connection with the company\u0026rsquo;s chapter 11 cases (Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eRepresented a lender in connection with contested UCC foreclosure and subsequent refinancing of indebtedness owed by leading home medical equipment company.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eDeutsche Bank\u003c/strong\u003e\u0026nbsp;in connection with its role as collateral agent for certain priority guaranty notes in In re iHeartMedia (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented former directors and officers of\u0026nbsp;\u003cstrong\u003eImplant Sciences Corporation\u003c/strong\u003e\u0026nbsp;(Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCarter's, Inc\u003c/strong\u003e., the largest non-toy supplier in In re Toys R\u0026rsquo; Us (Bankr. E.D. Va.).\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003eprivate equity firms\u003c/strong\u003e\u0026nbsp;with respect to acquisition of distressed companies, and workouts of their portfolio companies.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003elandlords and tenants\u003c/strong\u003e\u0026nbsp;in bankruptcy matters.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003elarge foreign finance house\u003c/strong\u003e\u0026nbsp;in Chapter 11 bankruptcy cases and adversary proceedings.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":5024}]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":10,"guid":"10.capabilities","index":1,"source":"capabilities"},{"id":73,"guid":"73.capabilities","index":2,"source":"capabilities"},{"id":38,"guid":"38.capabilities","index":3,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":4,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":5,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":6,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":7,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":8,"source":"capabilities"},{"id":132,"guid":"132.capabilities","index":9,"source":"capabilities"},{"id":82,"guid":"82.capabilities","index":10,"source":"capabilities"}],"is_active":true,"last_name":"Primrose","nick_name":"Sarah","clerkships":[{"name":"Law Clerk, Judge James E. Graves, Jr., U.S. Court of Appeals for the Fifth Circuit","years_held":"2015-2016"},{"name":"Law Clerk, Chief Judge Paul G. Hyman, Jr., U.S. Bankruptcy Court for the Southern District of Florida","years_held":"2012-2015"}],"first_name":"Sarah","title_rank":9999,"updated_by":202,"law_schools":[{"id":1245,"meta":{"degree":"J.D.","honors":"summa cum laude","is_law_school":"1","graduation_date":null},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"500 Leading Global Bankruptcy \u0026 Restructuring Lawyers","detail":"Lawdragon, 2022-2025"},{"title":"\"40 Under 40\" Emerging Leaders in Insolvency","detail":"American Bankruptcy Institute, 2022"},{"title":"On the Rise","detail":"Florida Legal Awards (2024), Daily Business Review (Southeast, 2023)"},{"title":"Rising Star","detail":"Private Debt Investor, 2022"},{"title":"Top 500 Attorney Under 40","detail":"Lawdragon 500X , 2023, 2024"},{"title":"HERoes - Top 100 Future Leaders","detail":"Yahoo! Finance \u0026 INvolve, 2020-2022"},{"title":"Georgia 40 Under 40","detail":"Georgia Trend Magazine, 2020"},{"title":"NextGen Participant","detail":"National Conference of Bankruptcy Judges, 2019"}],"linked_in_url":"https://www.linkedin.com/in/sarahprimrose/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eSarah is a trusted advisor to corporate debtors, institutional banks, private credit funds, and other key stakeholders navigating complex special situations and restructurings. Her practice encompasses high-profile\u0026nbsp;chapter 11 proceedings, sophisticated out-of-court transactions including liability management exercises, and distressed M\u0026amp;A. Sarah also has extensive bankruptcy litigation experience, representing litigants in contested matters, adversary proceedings, federal court appeals, and other complex\u0026nbsp; insolvency disputes. Her work spans the energy, health care, technology, manufacturing, retail, real estate, restaurant, and hospitality sectors. \u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBefore joining King \u0026amp; Spalding,\u0026nbsp;Sarah served as a law clerk to Judge James E. Graves, Jr. of the U.S. Court of Appeals for the Fifth Circuit and Chief Judge Paul G. Hyman, Jr. of the U.S. Bankruptcy Court for the Southern District of Florida.\u003c/p\u003e\n\u003cp\u003eSarah's accomplishments have earned widespread recognition. Chambers USA named her an Up \u0026amp; Coming lawyer in Bankruptcy/Restructuring, with interviewees describing her as \"very bright, extremely hard-working and well-rounded.\" She has been consecutively recognized among the 500 Leading Global Bankruptcy \u0026amp; Restructuring Lawyers and was selected for the American Bankruptcy Institute's prestigious \"40 Under 40\" list of emerging insolvency leaders in 2022. Yahoo! Finance honored her as one of its HERoes \u0026mdash; 100 Future Leaders from 2020 through 2022, while Private Debt Investor named her a Rising Star in 2022, and Georgia Trend Magazine included her in its \"40 Under 40\" class of 2020.\u003c/p\u003e\n\u003cp\u003eSarah is deeply committed to advancing the profession and supporting the next generation of leaders. She serves as a Board Member of Girls Just Wanna Have Funds and has held leadership roles with the International Women's Insolvency \u0026amp; Restructuring Confederation, including as director at large for the Georgia network. She is also an active member of the American Bankruptcy Institute and the Turnaround Management Association. A frequent\u0026nbsp;speaker and prolific author, Sarah's insights have appeared in numerous industry journals, law reviews, and other leading publications.\u003c/p\u003e","matters":["\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSound Point Capital\u003c/strong\u003e\u0026nbsp;in connection with a multitude of financings including Allen Media and Buzzfeed.\u003c/p\u003e","\u003cp\u003eServed as Debtors' counsel to\u0026nbsp;\u003cstrong\u003eRed Lobster\u003c/strong\u003e\u0026nbsp;Management LLC and its affiliates in their Chapter 11 bankruptcy proceedings (Bankr. M.D. Fla.).\u003c/p\u003e","\u003cp\u003eServing as Debtors' counsel to OTB Holding LLC (\u003cstrong\u003eOn the Border\u003c/strong\u003e), and its affiliates in their Chapter 11 bankruptcy proceedings (Bankr. N.D. Ga.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSound Point Capital\u003c/strong\u003e\u0026nbsp;in connection with a $250 million first out revolving credit facility related to the emergence of\u0026nbsp;\u003cstrong\u003eCineworld Group\u003c/strong\u003e\u0026nbsp;from bankruptcy.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eJW Aluminum\u003c/strong\u003e\u0026nbsp;in its successful appeal in\u0026nbsp;\u003cem\u003eIn re United States Pipe \u0026amp; Foundry Co.\u003c/em\u003e, 32 F.4th 1324 (11th Cir. 2022).\u003c/p\u003e","\u003cp\u003eServed as Debtors\u0026rsquo; counsel to\u0026nbsp;\u003cstrong\u003eFibrant, Inc.\u003c/strong\u003e, a chemical manufacturer with extensive environmental liabilities, in its Chapter 11 filing (Bankr. S.D. Ga.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eSunTrust Equipment Finance \u0026amp; Leasing\u003c/strong\u003e\u0026nbsp;in connection with the Chapter 11 case of Dean Foods, America's largest milk producer (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eMonitronics International\u003c/strong\u003e\u0026nbsp;in connection with the structuring, negotiation and execution of multiple restructuring transactions involving approximately $1.8 billion of indebtedness (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented a surety with a large exposure in\u0026nbsp;\u003cstrong\u003eFrontier Communications\u003c/strong\u003e\u0026nbsp;(Bankr. S.D.N.Y.).\u003c/p\u003e","\u003cp\u003eRepresented current and former directors and officers of\u0026nbsp;\u003cstrong\u003eCBL \u0026amp; Associates Properties Inc.\u003c/strong\u003e\u0026nbsp;in connection with obtaining broad third-party releases in CBL\u0026rsquo;s bankruptcy case (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented current and former directors and officers of\u0026nbsp;\u003cstrong\u003eAmerican Addiction Centers, Inc.\u003c/strong\u003e\u0026nbsp;(Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eRepresented former directors and officers of\u0026nbsp;\u003cstrong\u003eQuorum Health Corporation\u003c/strong\u003e\u0026nbsp;(Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eServed as Debtors' counsel to\u0026nbsp;\u003cstrong\u003eAstroTurf, LLC\u003c/strong\u003e\u0026nbsp;in its Chapter 11 bankruptcy case and sale of its business (Bankr. N.D. Ga.).\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003eJack Cooper Ventures, Inc\u003c/strong\u003e., and its affiliates, in their Chapter 11 bankruptcy proceedings and other matters (Bankr. N.D. Ga.).\u003c/p\u003e","\u003cp\u003eServed as Debtors\u0026rsquo; counsel to\u0026nbsp;\u003cstrong\u003eIgnite Restaurants Inc\u003c/strong\u003e., a public company, and its subsidiaries, in their Chapter 11 bankruptcy proceedings (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCoca-Cola\u003c/strong\u003e\u0026nbsp;in connection with the Perkins \u0026amp; Marie Callender's bankruptcy case (Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eAdvised the\u0026nbsp;\u003cstrong\u003ePuerto Rico Electric Power Authority\u003c/strong\u003e\u0026nbsp;during their procurement of renewable and energy storage resources\u003cstrong\u003e\u0026mdash;\u003c/strong\u003eone of the single largest energy transition programs in the United States.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eKKR Credit Advisors\u003c/strong\u003e\u0026nbsp;as prepetition lender and joint-venture purchaser through partial credit bid of substantially all the assets of Borden Dairy through 363 sale in connection with the company\u0026rsquo;s chapter 11 cases (Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eRepresented a lender in connection with contested UCC foreclosure and subsequent refinancing of indebtedness owed by leading home medical equipment company.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eDeutsche Bank\u003c/strong\u003e\u0026nbsp;in connection with its role as collateral agent for certain priority guaranty notes in In re iHeartMedia (Bankr. S.D. Tex.).\u003c/p\u003e","\u003cp\u003eRepresented former directors and officers of\u0026nbsp;\u003cstrong\u003eImplant Sciences Corporation\u003c/strong\u003e\u0026nbsp;(Bankr. D. Del.).\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eCarter's, Inc\u003c/strong\u003e., the largest non-toy supplier in In re Toys R\u0026rsquo; Us (Bankr. E.D. Va.).\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003eprivate equity firms\u003c/strong\u003e\u0026nbsp;with respect to acquisition of distressed companies, and workouts of their portfolio companies.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003elandlords and tenants\u003c/strong\u003e\u0026nbsp;in bankruptcy matters.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003elarge foreign finance house\u003c/strong\u003e\u0026nbsp;in Chapter 11 bankruptcy cases and adversary proceedings.\u003c/p\u003e"],"recognitions":[{"title":"500 Leading Global Bankruptcy \u0026 Restructuring Lawyers","detail":"Lawdragon, 2022-2025"},{"title":"\"40 Under 40\" Emerging Leaders in Insolvency","detail":"American Bankruptcy Institute, 2022"},{"title":"On the Rise","detail":"Florida Legal Awards (2024), Daily Business Review (Southeast, 2023)"},{"title":"Rising Star","detail":"Private Debt Investor, 2022"},{"title":"Top 500 Attorney Under 40","detail":"Lawdragon 500X , 2023, 2024"},{"title":"HERoes - Top 100 Future Leaders","detail":"Yahoo! Finance \u0026 INvolve, 2020-2022"},{"title":"Georgia 40 Under 40","detail":"Georgia Trend Magazine, 2020"},{"title":"NextGen Participant","detail":"National Conference of Bankruptcy Judges, 2019"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12387}]},"capability_group_id":1},"created_at":"2026-04-09T18:41:42.000Z","updated_at":"2026-04-09T18:41:42.000Z","searchable_text":"Primrose{{ FIELD }}{:title=\u0026gt;\"500 Leading Global Bankruptcy \u0026amp; Restructuring Lawyers\", :detail=\u0026gt;\"Lawdragon, 2022-2025\"}{{ FIELD }}{:title=\u0026gt;\"\\\"40 Under 40\\\" Emerging Leaders in Insolvency\", :detail=\u0026gt;\"American Bankruptcy Institute, 2022\"}{{ FIELD }}{:title=\u0026gt;\"On the Rise\", :detail=\u0026gt;\"Florida Legal Awards (2024), Daily Business Review (Southeast, 2023)\"}{{ FIELD }}{:title=\u0026gt;\"Rising Star\", :detail=\u0026gt;\"Private Debt Investor, 2022\"}{{ FIELD }}{:title=\u0026gt;\"Top 500 Attorney Under 40\", :detail=\u0026gt;\"Lawdragon 500X , 2023, 2024\"}{{ FIELD }}{:title=\u0026gt;\"HERoes - Top 100 Future Leaders\", :detail=\u0026gt;\"Yahoo! Finance \u0026amp; INvolve, 2020-2022\"}{{ FIELD }}{:title=\u0026gt;\"Georgia 40 Under 40\", :detail=\u0026gt;\"Georgia Trend Magazine, 2020\"}{{ FIELD }}{:title=\u0026gt;\"NextGen Participant\", :detail=\u0026gt;\"National Conference of Bankruptcy Judges, 2019\"}{{ FIELD }}Represented Sound Point Capital in connection with a multitude of financings including Allen Media and Buzzfeed.{{ FIELD }}Served as Debtors' counsel to Red Lobster Management LLC and its affiliates in their Chapter 11 bankruptcy proceedings (Bankr. M.D. Fla.).{{ FIELD }}Serving as Debtors' counsel to OTB Holding LLC (On the Border), and its affiliates in their Chapter 11 bankruptcy proceedings (Bankr. N.D. Ga.).{{ FIELD }}Represented Sound Point Capital in connection with a $250 million first out revolving credit facility related to the emergence of Cineworld Group from bankruptcy.{{ FIELD }}Represented JW Aluminum in its successful appeal in In re United States Pipe \u0026amp; Foundry Co., 32 F.4th 1324 (11th Cir. 2022).{{ FIELD }}Served as Debtors’ counsel to Fibrant, Inc., a chemical manufacturer with extensive environmental liabilities, in its Chapter 11 filing (Bankr. S.D. Ga.).{{ FIELD }}Represented SunTrust Equipment Finance \u0026amp; Leasing in connection with the Chapter 11 case of Dean Foods, America's largest milk producer (Bankr. S.D. Tex.).{{ FIELD }}Represented Monitronics International in connection with the structuring, negotiation and execution of multiple restructuring transactions involving approximately $1.8 billion of indebtedness (Bankr. S.D. Tex.).{{ FIELD }}Represented a surety with a large exposure in Frontier Communications (Bankr. S.D.N.Y.).{{ FIELD }}Represented current and former directors and officers of CBL \u0026amp; Associates Properties Inc. in connection with obtaining broad third-party releases in CBL’s bankruptcy case (Bankr. S.D. Tex.).{{ FIELD }}Represented current and former directors and officers of American Addiction Centers, Inc. (Bankr. D. Del.).{{ FIELD }}Represented former directors and officers of Quorum Health Corporation (Bankr. D. Del.).{{ FIELD }}Served as Debtors' counsel to AstroTurf, LLC in its Chapter 11 bankruptcy case and sale of its business (Bankr. N.D. Ga.).{{ FIELD }}Advised Jack Cooper Ventures, Inc., and its affiliates, in their Chapter 11 bankruptcy proceedings and other matters (Bankr. N.D. Ga.).{{ FIELD }}Served as Debtors’ counsel to Ignite Restaurants Inc., a public company, and its subsidiaries, in their Chapter 11 bankruptcy proceedings (Bankr. S.D. Tex.).{{ FIELD }}Represented Coca-Cola in connection with the Perkins \u0026amp; Marie Callender's bankruptcy case (Bankr. D. Del.).{{ FIELD }}Advised the Puerto Rico Electric Power Authority during their procurement of renewable and energy storage resources—one of the single largest energy transition programs in the United States.{{ FIELD }}Represented KKR Credit Advisors as prepetition lender and joint-venture purchaser through partial credit bid of substantially all the assets of Borden Dairy through 363 sale in connection with the company’s chapter 11 cases (Bankr. D. Del.).{{ FIELD }}Represented a lender in connection with contested UCC foreclosure and subsequent refinancing of indebtedness owed by leading home medical equipment company.{{ FIELD }}Represented Deutsche Bank in connection with its role as collateral agent for certain priority guaranty notes in In re iHeartMedia (Bankr. S.D. Tex.).{{ FIELD }}Represented former directors and officers of Implant Sciences Corporation (Bankr. D. Del.).{{ FIELD }}Represented Carter's, Inc., the largest non-toy supplier in In re Toys R’ Us (Bankr. E.D. Va.).{{ FIELD }}Advised private equity firms with respect to acquisition of distressed companies, and workouts of their portfolio companies.{{ FIELD }}Represented landlords and tenants in bankruptcy matters.{{ FIELD }}Represented a large foreign finance house in Chapter 11 bankruptcy cases and adversary proceedings.{{ FIELD }}Sarah is a trusted advisor to corporate debtors, institutional banks, private credit funds, and other key stakeholders navigating complex special situations and restructurings. Her practice encompasses high-profile chapter 11 proceedings, sophisticated out-of-court transactions including liability management exercises, and distressed M\u0026amp;A. Sarah also has extensive bankruptcy litigation experience, representing litigants in contested matters, adversary proceedings, federal court appeals, and other complex  insolvency disputes. Her work spans the energy, health care, technology, manufacturing, retail, real estate, restaurant, and hospitality sectors.  \nBefore joining King \u0026amp; Spalding, Sarah served as a law clerk to Judge James E. Graves, Jr. of the U.S. Court of Appeals for the Fifth Circuit and Chief Judge Paul G. Hyman, Jr. of the U.S. Bankruptcy Court for the Southern District of Florida.\nSarah's accomplishments have earned widespread recognition. Chambers USA named her an Up \u0026amp; Coming lawyer in Bankruptcy/Restructuring, with interviewees describing her as \"very bright, extremely hard-working and well-rounded.\" She has been consecutively recognized among the 500 Leading Global Bankruptcy \u0026amp; Restructuring Lawyers and was selected for the American Bankruptcy Institute's prestigious \"40 Under 40\" list of emerging insolvency leaders in 2022. Yahoo! Finance honored her as one of its HERoes — 100 Future Leaders from 2020 through 2022, while Private Debt Investor named her a Rising Star in 2022, and Georgia Trend Magazine included her in its \"40 Under 40\" class of 2020.\nSarah is deeply committed to advancing the profession and supporting the next generation of leaders. She serves as a Board Member of Girls Just Wanna Have Funds and has held leadership roles with the International Women's Insolvency \u0026amp; Restructuring Confederation, including as director at large for the Georgia network. She is also an active member of the American Bankruptcy Institute and the Turnaround Management Association. A frequent speaker and prolific author, Sarah's insights have appeared in numerous industry journals, law reviews, and other leading publications. Sarah Primrose lawyer Partner 500 Leading Global Bankruptcy \u0026amp; Restructuring Lawyers Lawdragon, 2022-2025 \"40 Under 40\" Emerging Leaders in Insolvency American Bankruptcy Institute, 2022 On the Rise Florida Legal Awards (2024), Daily Business Review (Southeast, 2023) Rising Star Private Debt Investor, 2022 Top 500 Attorney Under 40 Lawdragon 500X , 2023, 2024 HERoes - Top 100 Future Leaders Yahoo! Finance \u0026amp; INvolve, 2020-2022 Georgia 40 Under 40 Georgia Trend Magazine, 2020 NextGen Participant National Conference of Bankruptcy Judges, 2019 Pennsylvania State University Pennsylvania State University, Dickinson School of Law Michigan State University Michigan State University College of Law U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Middle District of Florida U.S. District Court for the Southern District of Florida U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia Florida Georgia Atlanta Bar Association, Bankruptcy Section Girls Just Wanna Have Funds, Board Member International Women's Insolvency \u0026amp; Restructuring Confederation,  Previous Georgia Board Member and Director at Large American Bankruptcy Institute, Prior National Ethics and Professional Compensation Committee Co-Chair Turnaround Management Association Bankruptcy Bar Association for the Southern District of Florida Junior League of Atlanta W. Homer Drake, Jr. Georgia Bankruptcy American Inn of Court Credit Abuse Resistance Education Program, Previous Atlanta Co-Chair Georgia Lawyers for the Arts, Advisory Board Member Law Clerk, Judge James E. Graves, Jr., U.S. Court of Appeals for the Fifth Circuit Law Clerk, Chief Judge Paul G. Hyman, Jr., U.S. Bankruptcy Court for the Southern District of Florida Represented Sound Point Capital in connection with a multitude of financings including Allen Media and Buzzfeed. Served as Debtors' counsel to Red Lobster Management LLC and its affiliates in their Chapter 11 bankruptcy proceedings (Bankr. M.D. Fla.). Serving as Debtors' counsel to OTB Holding LLC (On the Border), and its affiliates in their Chapter 11 bankruptcy proceedings (Bankr. N.D. Ga.). Represented Sound Point Capital in connection with a $250 million first out revolving credit facility related to the emergence of Cineworld Group from bankruptcy. Represented JW Aluminum in its successful appeal in In re United States Pipe \u0026amp; Foundry Co., 32 F.4th 1324 (11th Cir. 2022). Served as Debtors’ counsel to Fibrant, Inc., a chemical manufacturer with extensive environmental liabilities, in its Chapter 11 filing (Bankr. S.D. Ga.). Represented SunTrust Equipment Finance \u0026amp; Leasing in connection with the Chapter 11 case of Dean Foods, America's largest milk producer (Bankr. S.D. Tex.). Represented Monitronics International in connection with the structuring, negotiation and execution of multiple restructuring transactions involving approximately $1.8 billion of indebtedness (Bankr. S.D. Tex.). Represented a surety with a large exposure in Frontier Communications (Bankr. S.D.N.Y.). Represented current and former directors and officers of CBL \u0026amp; Associates Properties Inc. in connection with obtaining broad third-party releases in CBL’s bankruptcy case (Bankr. S.D. Tex.). Represented current and former directors and officers of American Addiction Centers, Inc. (Bankr. D. Del.). Represented former directors and officers of Quorum Health Corporation (Bankr. D. Del.). Served as Debtors' counsel to AstroTurf, LLC in its Chapter 11 bankruptcy case and sale of its business (Bankr. N.D. Ga.). Advised Jack Cooper Ventures, Inc., and its affiliates, in their Chapter 11 bankruptcy proceedings and other matters (Bankr. N.D. Ga.). Served as Debtors’ counsel to Ignite Restaurants Inc., a public company, and its subsidiaries, in their Chapter 11 bankruptcy proceedings (Bankr. S.D. Tex.). Represented Coca-Cola in connection with the Perkins \u0026amp; Marie Callender's bankruptcy case (Bankr. D. Del.). Advised the Puerto Rico Electric Power Authority during their procurement of renewable and energy storage resources—one of the single largest energy transition programs in the United States. Represented KKR Credit Advisors as prepetition lender and joint-venture purchaser through partial credit bid of substantially all the assets of Borden Dairy through 363 sale in connection with the company’s chapter 11 cases (Bankr. D. Del.). Represented a lender in connection with contested UCC foreclosure and subsequent refinancing of indebtedness owed by leading home medical equipment company. Represented Deutsche Bank in connection with its role as collateral agent for certain priority guaranty notes in In re iHeartMedia (Bankr. S.D. Tex.). Represented former directors and officers of Implant Sciences Corporation (Bankr. D. Del.). Represented Carter's, Inc., the largest non-toy supplier in In re Toys R’ Us (Bankr. E.D. Va.). Advised private equity firms with respect to acquisition of distressed companies, and workouts of their portfolio companies. Represented landlords and tenants in bankruptcy matters. Represented a large foreign finance house in Chapter 11 bankruptcy cases and adversary proceedings.","searchable_name":"Sarah Primrose","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":436439,"version":1,"owner_type":"Person","owner_id":3934,"payload":{"bio":"\u003cp\u003eBillie Pritchard is\u0026nbsp;a partner with King \u0026amp; Spalding's Trial Practice and Global Disputes group.\u0026nbsp;Her practice focuses on defending\u0026nbsp;businesses\u0026nbsp;in complex\u0026nbsp;litigation at the trial and appellate level. Billie has litigated a wide range of contract and business tort cases in state and federal courts, including consumer class actions, data privacy and security matters, and professional negligence actions.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Billie\u0026nbsp;served as a law clerk for the Honorable R. Lanier Anderson III in the Eleventh Circuit and the Honorable C. Ashley Royal in the U.S. District Court for the Middle District of Georgia.\u003c/p\u003e\n\u003cp\u003eBillie\u0026nbsp;graduated first in her class from the Walter F. George School of Law at Mercer University,\u0026nbsp;\u003cem\u003esumma cum laude\u003c/em\u003e, where she served as Editor-in-Chief of the\u0026nbsp;\u003cem\u003eMercer Law Review\u0026nbsp;\u003c/em\u003efrom 2011-2012. Upon graduation, Billie was inducted into the Brainerd Currie Honor Society, the National Order of the Barristers, and the National Order of Scribes.\u0026nbsp;\u003c/p\u003e","slug":"billie-pritchard","email":"bpritchard@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":1,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":2,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":3,"source":"capabilities"},{"id":18,"guid":"18.capabilities","index":4,"source":"capabilities"},{"id":6,"guid":"6.capabilities","index":5,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":6,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":7,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":8,"source":"smartTags"}],"is_active":true,"last_name":"Pritchard","nick_name":"Billie","clerkships":[{"name":"Law Clerk, R. Lanier Anderson III, U.S. Court of Appeals for the Eleventh Circuit","years_held":"2014-2015"},{"name":"Law Clerk, C. Ashley Royal, U.S. District Court for the Middle District of Georgia","years_held":"2012-2014"}],"first_name":"Billie","title_rank":9999,"updated_by":202,"law_schools":[{"id":1221,"meta":{"degree":"J.D.","honors":"summa cum laude","is_law_school":"1","graduation_date":"2012-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Member of 2024 \u0026 2025 Lawdragon 500 Leading Global Cyber Lawyers","detail":"Lawdragon"},{"title":"Ones to Watch (Appellate Practice, Commercial Litigation, and Corporate Law)","detail":"The Best Lawyers in America, 2023-2026"},{"title":"Ones to Watch (Commercial Litigation) ","detail":"The Best Lawyers in America, 2022"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eBillie Pritchard is\u0026nbsp;a partner with King \u0026amp; Spalding's Trial Practice and Global Disputes group.\u0026nbsp;Her practice focuses on defending\u0026nbsp;businesses\u0026nbsp;in complex\u0026nbsp;litigation at the trial and appellate level. Billie has litigated a wide range of contract and business tort cases in state and federal courts, including consumer class actions, data privacy and security matters, and professional negligence actions.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Billie\u0026nbsp;served as a law clerk for the Honorable R. Lanier Anderson III in the Eleventh Circuit and the Honorable C. Ashley Royal in the U.S. District Court for the Middle District of Georgia.\u003c/p\u003e\n\u003cp\u003eBillie\u0026nbsp;graduated first in her class from the Walter F. George School of Law at Mercer University,\u0026nbsp;\u003cem\u003esumma cum laude\u003c/em\u003e, where she served as Editor-in-Chief of the\u0026nbsp;\u003cem\u003eMercer Law Review\u0026nbsp;\u003c/em\u003efrom 2011-2012. Upon graduation, Billie was inducted into the Brainerd Currie Honor Society, the National Order of the Barristers, and the National Order of Scribes.\u0026nbsp;\u003c/p\u003e","recognitions":[{"title":"Member of 2024 \u0026 2025 Lawdragon 500 Leading Global Cyber Lawyers","detail":"Lawdragon"},{"title":"Ones to Watch (Appellate Practice, Commercial Litigation, and Corporate Law)","detail":"The Best Lawyers in America, 2023-2026"},{"title":"Ones to Watch (Commercial Litigation) ","detail":"The Best Lawyers in America, 2022"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":5849}]},"capability_group_id":3},"created_at":"2025-09-02T04:54:02.000Z","updated_at":"2025-09-02T04:54:02.000Z","searchable_text":"Pritchard{{ FIELD }}{:title=\u0026gt;\"Member of 2024 \u0026amp; 2025 Lawdragon 500 Leading Global Cyber Lawyers\", :detail=\u0026gt;\"Lawdragon\"}{{ FIELD }}{:title=\u0026gt;\"Ones to Watch (Appellate Practice, Commercial Litigation, and Corporate Law)\", :detail=\u0026gt;\"The Best Lawyers in America, 2023-2026\"}{{ FIELD }}{:title=\u0026gt;\"Ones to Watch (Commercial Litigation) \", :detail=\u0026gt;\"The Best Lawyers in America, 2022\"}{{ FIELD }}Billie Pritchard is a partner with King \u0026amp; Spalding's Trial Practice and Global Disputes group. Her practice focuses on defending businesses in complex litigation at the trial and appellate level. Billie has litigated a wide range of contract and business tort cases in state and federal courts, including consumer class actions, data privacy and security matters, and professional negligence actions. \nPrior to joining the firm, Billie served as a law clerk for the Honorable R. Lanier Anderson III in the Eleventh Circuit and the Honorable C. Ashley Royal in the U.S. District Court for the Middle District of Georgia.\nBillie graduated first in her class from the Walter F. George School of Law at Mercer University, summa cum laude, where she served as Editor-in-Chief of the Mercer Law Review from 2011-2012. Upon graduation, Billie was inducted into the Brainerd Currie Honor Society, the National Order of the Barristers, and the National Order of Scribes.  Partner Member of 2024 \u0026amp; 2025 Lawdragon 500 Leading Global Cyber Lawyers Lawdragon Ones to Watch (Appellate Practice, Commercial Litigation, and Corporate Law) The Best Lawyers in America, 2023-2026 Ones to Watch (Commercial Litigation)  The Best Lawyers in America, 2022 Mercer University Mercer University Walter F. George School of Law Mercer University Mercer University Walter F. George School of Law U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia Georgia Georgia Court of Appeals Supreme Court of Georgia Atlanta Bar Association Law Clerk, R. Lanier Anderson III, U.S. Court of Appeals for the Eleventh Circuit Law Clerk, C. Ashley Royal, U.S. District Court for the Middle District of Georgia","searchable_name":"Billie Pritchard","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":426838,"version":1,"owner_type":"Person","owner_id":5787,"payload":{"bio":"\u003cp\u003eJay Paolillo is an\u0026nbsp;Associate in King \u0026amp; Spalding's Atlanta office and is part of the firm's Business Litigation Practice Group. His practice primarily focuses on representing businesses in high-stakes commercial litigation, including\u0026nbsp;class actions, breach of contract cases, and other complex business disputes.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Jay\u0026nbsp;served as a law clerk to\u0026nbsp;the Honorable Elizabeth L. Branch on the U.S. Court of Appeals for the Eleventh Circuit, and to\u0026nbsp;the Honorable Lee P. Rudofsky on\u0026nbsp;the U.S. District Court for the Eastern District of Arkansas.\u0026nbsp; Jay received his law degree from Vanderbilt University Law School, where he served as an editor\u0026nbsp;for\u0026nbsp;the Vanderbilt Law Review.\u0026nbsp;\u003c/p\u003e","slug":"jacob-paolillo","email":"jpaolillo@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":3,"guid":"3.capabilities","index":0,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":1,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":2,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":3,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":4,"source":"capabilities"}],"is_active":true,"last_name":"Paolillo","nick_name":"Jay","clerkships":[{"name":"Judicial Clerk, Hon. Lee P. Rudofsky, U.S. District Court for the Eastern District of Arkansas","years_held":"2022 - 2023"},{"name":"Judicial Clerk, Hon. Elizabeth L. Branch, U.S. Court of Appeals for the Eleventh Circuit","years_held":"2023 - 2024"}],"first_name":"Jacob","title_rank":9999,"updated_by":202,"law_schools":[{"id":2442,"meta":{"degree":"J.D.","honors":null,"is_law_school":1,"graduation_date":"2022-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":2,"translated_fields":{"en":{"bio":"\u003cp\u003eJay Paolillo is an\u0026nbsp;Associate in King \u0026amp; Spalding's Atlanta office and is part of the firm's Business Litigation Practice Group. His practice primarily focuses on representing businesses in high-stakes commercial litigation, including\u0026nbsp;class actions, breach of contract cases, and other complex business disputes.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePrior to joining the firm, Jay\u0026nbsp;served as a law clerk to\u0026nbsp;the Honorable Elizabeth L. Branch on the U.S. Court of Appeals for the Eleventh Circuit, and to\u0026nbsp;the Honorable Lee P. Rudofsky on\u0026nbsp;the U.S. District Court for the Eastern District of Arkansas.\u0026nbsp; Jay received his law degree from Vanderbilt University Law School, where he served as an editor\u0026nbsp;for\u0026nbsp;the Vanderbilt Law Review.\u0026nbsp;\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12355}]},"capability_group_id":3},"created_at":"2025-05-26T04:57:18.000Z","updated_at":"2025-05-26T04:57:18.000Z","searchable_text":"Paolillo{{ FIELD }}Jay Paolillo is an Associate in King \u0026amp; Spalding's Atlanta office and is part of the firm's Business Litigation Practice Group. His practice primarily focuses on representing businesses in high-stakes commercial litigation, including class actions, breach of contract cases, and other complex business disputes. \nPrior to joining the firm, Jay served as a law clerk to the Honorable Elizabeth L. Branch on the U.S. Court of Appeals for the Eleventh Circuit, and to the Honorable Lee P. Rudofsky on the U.S. District Court for the Eastern District of Arkansas.  Jay received his law degree from Vanderbilt University Law School, where he served as an editor for the Vanderbilt Law Review.  Associate Florida State University Florida State University College of Law Vanderbilt University Vanderbilt University School of Law Georgia Judicial Clerk, Hon. Lee P. Rudofsky, U.S. District Court for the Eastern District of Arkansas Judicial Clerk, Hon. Elizabeth L. Branch, U.S. Court of Appeals for the Eleventh Circuit","searchable_name":"Jacob Paolillo (Jay)","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null}]}}