Sócio

Andrew J. Pincus

Professional Liability, Trademark Litigation, Litigation & Dispute Resolution

Washington DC +1 202 263 3220

apincus@mayerbrown.com

Geral

Clients rely on Andrew Pincus for:

Briefing and arguing cases in the U.S. Supreme Court and federal and state appellate courts
Developing and executing legal strategy in trial courts
Presenting policy and legal arguments to Congress, state legislatures, and regulatory agencies

Andy has argued 30 cases in the Supreme Court and dozens of cases in the federal courts of appeals and state appellate courts.

Chief Justice John G. Roberts, Jr. appointed Andy to a three-year term as one of four practitioner members of the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States , effective October 1, 2022. The Committee drafts and recommends to the Judicial Conference new rules of practice, procedure, and evidence governing appellate, bankruptcy, civil, and criminal cases in the federal courts.

A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and served as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-2023), which provides pro bono representation in 10-15 Supreme Court cases each year.

Andy's Supreme Court oral arguments are available here. A selection of his more than 250 appellate briefs is available here.

Reporters often turn to Andy for commentary on Supreme Court cases. He also frequently speaks and writes on legal issues for academic, professional, and general audiences.

While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning intellectual property protection, privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection.

Following law school graduation, Andy was Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982), after which he practiced with another major law firm in Washington.

Experiência

Multiple victories protecting enforceability of consumer and employment arbitration agreements, including AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) – described by Law360 as most important Supreme Court class action decision of the last 15 years; Lamps Plus, Inc. v. Varela, 139 S. Ct. 1407 (2019); Kindred Nursing Centers Ltd. V. Clark, 581 U.S. 246 (2017); Chamber of Commerce v. Bonta, 62 F. 4th 473 (9th Cir. 2023)
Landmark win holding that Article III standing bars no-injury class actions in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016)
Defeating Anti-Terrorism Act claims in numerous cases, including Freeman v. HSBC Holdings plc, 57 F.4th 66 (2d Cir. 2023), and Bernhardt v. Islamic Republic of Iran, 47 F.4th 856, 873 (D.C. Cir. 2022)

Deep experience in appeals involving patent, antitrust, securities, copyright, Commerce Clause, First Amendment, and other business issues
Testimony before congressional committees on a variety of subjects, including patent reform, the Consumer Financial Protection Bureau, reform of the federal litigation system, and the Supreme Court's decisions in cases involving business law issues
Successfully representing clients in connection with Congress’s consideration and enactment of the Private Securities Litigation Reform Act

Reconhecimento

Band 1 for nationwide appellate lawyers – Chambers USA
“‘An amazing advocate with full command of the courtroom and panels, but at the same time he is approachable and easy to work with.’” “‘He is one of the smartest people I have ever met. From a client perspective you get 100% of him.’” “‘An excellent advocate who is particularly good at pulling together coalitions and entire appellate presentations before the Court. He’s not just thinking about the principal brief, but also the overall presentation and making it well rounded.’” “‘He’s very focused on his client’s objectives and very thoughtful about how to pursue litigation in a way that’s consistent with them.’” – Chambers USA
“’One of the finest appellate partners in the United States’” and "”a master of oral argument, a superb strategist and a super writer.”” "‘[A] phenomenal strategist. He knows how to position a case and wind it up for the best chance of success.’"– Chambers USA

A “’leading light of the appellate Bar, making frequent appearances in high-stakes and high-profile Supreme Court arguments’” and “’without a doubt one of the most stellar advocates in the country—at the Supreme Court, in the lower courts, in the non-court advocacy space and in counseling behind closed doors’" –Chambers USA
Client Service All-Star, "a brilliant, master strategist and a great litigator." – BTI
Hall of Fame, which "highlights individuals who have received constant praise by their clients for continued excellence." – Legal 500
National Litigation Star – Benchmark Litigation
Named to Washingtonian’s “Lawyer Lifetime Achievement” list , consisting of an “elite group” of the “best of the best” individuals who have been named to Washingtonian’s list of “Top Lawyers” in the Washington DC area at least 10 times within the past 15 years.
"Appellate MVP" – Law360
“Litigation Trailblazer” – The National Law Journal
Repeatedly recognized for appellate expertise – The Best Lawyers in America

Formação Acadêmica

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

Registros

New York
District of Columbia

Courts

US Supreme Court
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the Federal Circuit

Atividades

Andy serves as one of four practitioner members of the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. Chief Justice John G. Roberts, Jr. appointed Andy to a three-year term effective October 1, 2022.
Andy served as a member of the Advisory Commission on Electronic Commerce established by the Internet Tax Freedom Act, 1999-2000