Jonathan R. Ference-Burke
Jonathan Ference-Burke represents clients in complex criminal and civil matters at all stages of litigation, including serving as appellate counsel to clients before the United States Supreme Court at the petition and merits stages as well as in several federal circuit courts of appeal. He has experience with a wide range of subject matters, including intellectual property, bankruptcy, criminal law, data privacy and security, investment management, securities, and antitrust. Jonathan has particular experience representing mutual fund clients in cases brought under Section 36(b) of the Investment Company Act.
Prior to coming to Ropes & Gray, Jonathan clerked for the Honorable Florence Y. Pan of the Superior Court of the District of Columbia; the Honorable Jan E. DuBois of the United States District Court for the Eastern District of Pennsylvania; and the Honorable Rosemary M. Collyer of the United States District Court for the District of Columbia. Jonathan has served as an adjunct professor of law at his alma mater, Georgetown University Law Center and remains involved with the law center’s mock trial team.
Jonathan maintains an active pro bono practice. He has represented clients in the District of Columbia Superior Court, United States District Court, federal courts of appeal, and U.S. Supreme Court, in landlord-tenant, child custody, voting rights, bankruptcy, human trafficking, immigration, and other matters.
Supreme Court Litigation
- Bullard v. Blue Hills Bank fka Hyde Park Savings Bank – 135 S. Ct. 1686 (2015) – Successfully represented mortgagee, including serving as co-counsel before Supreme Court for oral argument, in case involving appellate jurisdiction in bankruptcy proceedings, resulting in unanimous decision in client’s favor.
- Versata Development Group v. SAP – 793 F.3d 1306 (Fed. Cir. 2015), cert. denied, 136 S. Ct. 2510 (2016) – Represented leading enterprise software provider in appellate proceedings before the Federal Circuit and U.S. Supreme Court, including securing denial of petition for writ of certiorari from landmark win for client before Federal Circuit, which had affirmed PTAB ruling finding challenged patent claims to be patent-ineligible.
- United States v. Texas – Represented group of professional economists and scholars as amici curiae to Supreme Court in key immigration policy case.
- Dimaya v. Lynch – Represented group of retired Article III judges as amici curiae to Supreme Court in case involving vagueness doctrine at intersection of immigration law and criminal law.
Federal Courts of Appeals
- Trial and appellate counsel in United States v. Kurt E. Mix, representing individual charged with obstruction of justice in connection with the Deepwater Horizon oil spill. Represented Mr. Mix on appeal before the Fifth Circuit, including serving as co-counsel for oral argument, on government appeal from motion granting new trial; successfully achieved unanimous precedential opinion affirming grant of new trial, 793 F.3d 603 (5th Cir. 2015). On remand, secured dismissal of all obstruction of justice charges against Mr. Mix three weeks before re-trial was scheduled to begin, resulting in no-jail time, no-fine misdemeanor plea to a violation of 18 USC § 1030(a)(5)(A).
- Progressive Casualty Insurance Co v. Liberty Mutual Insurance Company 625 F. App’x 552 (Fed. Cir. 2015) – Successfully represented major insurance company, including serving as co-counsel for oral argument, before the Federal Circuit in series of eight appeals from covered business method proceedings before the Patent Trial and Appeals Board (PTAB). Appeals are the second set of appeals from PTAB rulings under the America Invents Act and involve challenges to the PTAB’s procedures as well as to Ropes & Gray’s successful invalidation of five patents-in-suit before the PTAB. The Federal Circuit affirmed the invalidation of all five patents.
- Williams v. Lew – 819 F.3d 466 (D.C. Cir. 2016) – Represented client in connection with oral argument before D.C. Circuit in case raising novel standing issues regarding the constitutionality of the Debt Limit Statute.
Trial Court Litigation
- PIMCO, Metropolitan West Asset Management, LLC, T. Rowe Price, and State Farm – Currently defending four fund advisers against claims of excessive fees, challenging the alleged differential between advisory and sub-advisory fees in cases pending in the Western District of Washington, Central District of California, District of Maryland and Central District of Illinois.
- Independent Trustees of the Calamos Investment Trust – Successfully represented independent trustees of mutual fund in connection with discovery motion that challenged whether privileged communications between independent fund trustees and their independent counsel can remain private.
- Lagayan v. Odeh, 199 F. Supp. 3d 21 (D.D.C. 2016), 318 F.R.D. 208 (D.D.C. 2016) – Represented client in a human trafficking case brought to recover damages under the Trafficking Victims Protection Act, the Fair Labor Standards Act, D.C. Minimum Wage Law, and other statutes. Defeated motion to dismiss, obtained leave to make alternative service on defendant outside of Hague Convention, and obtained confidential settlement in the middle of the principal defendant’s deposition.
- Project Vote v. Kemp, 208 F. Supp. 3d 1320 (N.D. Ga. 2016) – Successfully represented voting rights advocacy group, including conducting emergency deposition, obtaining preliminary injunctive relief requiring release certain records under the public disclosure requirements of the National Voter Registration Act of 1993, and securing confidential settlement.
Internal Investigations, Privacy Matters, and Government Enforcement Matters
- Successfully represented an individual in a government investigation of potential violations of the Foreign Corrupt Practices Act.
- Government contractor - Advised and represented government contractor with respect to issues stemming from an unlawful Advanced Persistent Threat (APT) cyber-attack focused on its background investigations business for the United States government, including representing client in connection with Congressional hearings.
- Represented a U.S.-based multinational medical device company in an industry-wide Foreign Corrupt Practices Act investigation involving countries across Europe, Asia, and South America.
- Represented clients in conducting anti-corruption due diligence regarding potential transactions.
- Represented major medical device manufacturer in state investigations concerning the company’s marketing practices and relationships with physician consultants.
- Contributor, “Antitrust and the Roberts Court,” Antitrust, Vol. 28, No. 3 (Summer 2014)
- Contributor, “International Migrants’ Bill of Rights,” 24 Georgetown Immigration Law Journal 395-506 (2009-2010)