Douglas Hallward-Driemeier
Partner
Doug, who leads the firm’s Appellate and Supreme Court practice, has presented more than 40 appellate arguments, including before the U.S. Supreme Court and every federal circuit court of appeals. He has briefed and argued both civil and criminal matters covering a wide range of subjects and has particular experience in the areas of federal preemption, the False Claims Act, securities litigation, and intellectual property. Doug has extensive experience litigating issues of concern to multinational corporations and other businesses with international activities, including the Alien Tort Statute, the Foreign Sovereign Immunities Act, private enforcement of treaties, and forum non conveniens.
Doug collaborates with colleagues across numerous practice areas. He has advised investors about the constitutionality of proposed legislation affecting the acquisition target, and routinely consults with clients about avenues for challenging administrative actions. In addition to handling appeals, Doug frequently represents clients before the Supreme Court, and likewise works closely with trial court colleagues to present the most compelling dispositive motions and to preserve our clients’ rights to appeal if necessary.
Doug rejoined the firm in 2010 after spending more than a decade handling civil appeals and Supreme Court litigation for the U.S. Department of Justice. Between 2004 and 2009, he was an Assistant to the Solicitor General, where he briefed and argued cases on behalf of the United States before the Supreme Court. Doug has argued thirteen cases before the Supreme Court and filed more than 150 briefs in that Court.
Experience
- American Isuzu Motors v. Ntsebeza (S.Ct. petition-stage), addressing when multinational corporations can be sued under the Alien Tort Statute for their business activities in foreign countries
- Credit Suisse v. Billing, (S. Ct), concerning the immunity of IPO underwriters from antitrust liability
- Merck v. Reynolds (S.Ct.), relating to the statute of limitations for securities fraud claims
- MGM v. Grokster (S.Ct.), regarding secondary liability of file-sharing services for copyright infringement
- Microsoft v. i4i (S.Ct.), amicus brief for 19 venture capital firms in defense of “clear and convincing” standard for proving patent invalidity
- Republic of Iraq v. Beaty (S.Ct.), addressing application of the FSIA’s terrorism exception
- Rowe v. NH Motor Transport. Ass’n. (S.Ct.), affirming federal preemption of state regulation of motor carriers
- Stanford v. Roche (S.Ct.), amicus brief for 80 higher education institutions regarding ownership of federally funded inventions
- United States v. Caronia (2d Cir.), amicus brief for 11 companies in support of First Amendment challenge to FDA off-label regulations
False Claims Act:
- Graham County v. U.S. ex rel. Wilson (S.Ct.), (2005) (statute of limitations)
- Graham County v. U.S. ex rel. Wilson (S.Ct.), (2009) (public disclosure bar)
- US ex rel. Nowak v. Medtronic (D. Mass), (successful motion to dismiss FCA qui tam based on allegations of off-label promotion)
Awards
- Chambers USA: America's Leading Lawyers for Business (2011-2012)
- Department of State’s “Superior Honor Award” in recognition of successful representation of the United States in numerous appeals involving World War II-era claims (2003)
- Department of Justice, Civil Division, Special Commendation for Outstanding Service on Terrorism Risk Insurance Act Defense Team (2003)
- Department of Justice, Civil Division, Special Commendation for Outstanding Service on Anti-Terrorism Team (2002)
- Department of Justice, Civil Division, Special Commendation for Outstanding Legal Support to Tobacco Litigation Initiative (2000)
- Washington, D.C. Super Lawyers (2013)
Insights
Publications
- Douglas Hallward-Diemeier and Alan Bennett, "The significant implications of the Carina off-label promotion decision for US FDA-regulated firms," Scrip Regulatory Affairs (March 2013)
- Doug Hallward-Driemeier, Kirsten Mayer, Thomas Sutcliffe, and Kathryn Wilhelm, “US V. Takeda Will Be Useful In Off-Label Promotion Cases,” Law360 (January 25, 2013)
- Quoted, “First Amendment Rights of Doctors at Issue In Appeal Over State Gun Owners Privacy Law,” Health Law Reporter (January 17, 2013)
- Douglas Hallward-Driemeier, James Dowden, and Brendon Carrington, "Health Law Case Brief: Revisiting Federal Authority: An Analysis of Supreme Court’s Patient Protection and Affordable Care Act Cases," Health Law Reporter (September 2012)
- Douglas Hallward-Driemeier and Kirsten Mayer, "Case Study: Davis V. District Of Columbia," Law360 (June 11, 2012)
- Douglas Hallward-Driemeier, Adam Stein and Julian Helisek, “Against Convergence: Mounting a Legal Challenge to FASB’s Adoption of International Accounting Standards,” Bloomberg Law Reports (February 2012)
- Quoted, “ON THE MERITS: Wyeth , Inc. et al. v. Weeks,” Washington Legal Foundation’s On the Merits (January 2012)
- Quoted, "Free Speech Rights Upheld in Off-Label Case; Ruling Could Force FDA to Revise Policies," Bloomberg BNA's Pharmaceutical Law & Industry Report (December 4, 2012)
- Douglas Hallward-Driemeier, Michael McGovern, Aaron Katz, “A New Roadblock for Qui Tam Relators,” Law360 (June 2011)
- Douglas Hallward-Driemeier, Christopher Green, “Dodd Frank Revives Foreign Litigation Doubts,” Compliance Reporter (July 2010)
Presentations
- Chair, “Immigration Regulation after Chamber of Commerce v. Whitting: The States’ Expanded Authority Over Immigrants and Employers,” ALI-ABA Webinar (July 2011)
- Panelist, “The Bayh-Dole Act and Stanford v. Roche,” San Diego Intellectual Property Law Association (May 2011)
- Panelist, “Can Universities’ Ownership Rights in Federally Funded Inventions be Terminated Unilaterally by Individual Inventors?” IP Master Class Webinar (November 2010)
- Panelist, International Law Weekend of the American Branch of the International Law Association (discussion focused on the future direction of foreign official immunity in light of the Supreme Court’s decision in Samantar v. Yousuf) (October 2010)
- Faculty member, “Bilski v. Kappos: The Supreme Court Weighs in on Business Methods Patents (Or Did It?)” ALI-ABA Webinar (July 2010)