Douglas Hallward-Driemeier

Partner

hallward-driemeier-douglas-300
  • JD, magna cum laude, Harvard Law School, 1994; Supervising Editor of the Harvard Law Review
  • MPhil (Politics), Rhodes Scholar, University of Oxford, 1991
  • BA (Political Science), summa cum laude, DePauw University, 1989; Phi Beta Kappa; awarded the Walker Cup, given each year to the senior who has contributed the most to the University.

Qualifications

  • Massachusetts, 1995
  • District of Columbia, 2010

Court Admissions

  • Supreme Court of the United States, 2000
  • U.S. Court of Appeals for the First Circuit, 1999
  • U.S. Court of Appeals for the Second Circuit, 2001
  • U.S. Court of Appeals for the Third Circuit, 1998
  • U.S. Court of Appeals for the Fourth Circuit, 1999
  • U.S. Court of Appeals for the Fifth Circuit, 2000
  • U.S. Court of Appeals for the Sixth Circuit, 2003
  • U.S. Court of Appeals for the Seventh Circuit, 2000
  • U.S. Court of Appeals for the Eighth Circuit, 2001
  • U.S. Court of Appeals for the Ninth Circuit, 2001
  • U.S. Court of Appeals for the Tenth Circuit, 2000
  • U.S. Court of Appeals for the Eleventh Circuit, 2010
  • U.S. Court of Appeals for the District of Columbia Circuit, 2001
  • U.S. Court of Appeals for the Federal Circuit, 2010
  • U.S. District Court for the District of Columbia, 2011
  • U.S. District Court for the District of Massachusetts, 1996
  • Honorable Amalya L. Kearse, U.S. Court of Appeals for the Second Circuit
  • Edward Coke Appellate Inn of Court 
  • Federal Circuit Bench & Bar Planning Committee
  • American Law Institute, Restatement of the Law Fourth the Foreign Relations Law of the United States, Sovereign Immunity, Adviser 
  • Boy Scouts of America, Assistant Scoutmaster
  • Westmoreland United Church of Christ, Board of Trustees (2005-2008, 2013)
  • U.S. News - Best Lawyers® “Best Law Firms” – Appellate Practice, Tier 1 (2019)
  • Legal 500 (2017-2018, 2020)
  • Chambers USA: America's Leading Lawyers for Business (2011-2022) 
  • The Best Lawyers in America (2014-2023)
  • Lawdragon 500 (2015)
  • Law360 “Appellate MVP” (2015)
  • Washington, D.C. Super Lawyers (2013-2021) 
  • 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) 

Douglas Hallward-Driemeier

Partner

Doug, who leads the firm’s Appellate and Supreme Court practice, has presented nearly 100 appellate arguments, including 18 times before the U.S. Supreme Court and before 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 administrative and constitutional law, intellectual property, bankruptcy, the False Claims Act, securities law, and antitrust. Doug has also extensive experience litigating issues of concern to companies and foreign governments with international activities, including the Alien Tort Statute, the Foreign Sovereign Immunities Act, and forum non conveniens.

Doug collaborates with colleagues across numerous practice areas. In addition to handling appeals, Doug works closely with trial court colleagues to present the most compelling dispositive motions and to preserve our clients’ rights to appeal if necessary. He routinely consults with clients about avenues for challenging administrative actions and advises clients about the constitutionality of legislation affecting their interests.

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 18 cases before the Supreme Court and filed more than 200 briefs in that Court. In a single month in 2015, Doug argued before the Supreme Court both in the highly-publicized landmark marriage equality case (Obergefell v. Hodges) and a key bankruptcy case regarding whether an order denying confirmation of a bankruptcy plan is appealable (Bullard v. Blue Hills Bank).

Experience

Administrative and Constitutional Law

  • Obergefell v. Hodges (S.Ct.) – successful challenge to states’ denial to same-sex couples of the right to marry
  • Pavan v. Smith (S.Ct.) – successful challenge to states’ denial to married same-sex spouses of the equal right of to be listed on their children’s birth certificates
  • Shurtleff v. City of Boston (S.Ct.) – regarding the First Amendment government speech doctrine
  • Pfizer v. HHS (2d Cir.) – challenge to Office of Inspector General construction of Anti-Kickback Statute
  • United States v. Caronia (2d Cir.) – successful challenge to FDA prosecution for “off-label promotion”
  • Wollschlaeger v. Farmer (11th Cir.) – successful First Amendment challenge to Florida law preventing doctors from speaking freely with patients about gun safety
  • Mayor and City Council of Baltimore v. Alex M. Azar II (4th Cir.) – regarding access to high-quality reproductive health care
  • Santa Cruz Lesbian and Gay Community Center v. Trump. (N.D. Ca.) -- successful First Amendment challenge Executive Order forbidding government contractors from conducting diversity trainings utilizing concepts like “white privilege” and “implicit bias.”
  • AMA v. HHS (D.D.C.) – APA challenge to regulation implementing No Surprises Act
  • United Spinal Association v. Saul (D.D.C.) – APA challenge to SSA rejection of electronic signatures
  • Pacira Pharmaceuticals v. FDA (S.D.N.Y.) – successful APA challenge to FDA assertion of “off-label” promotion

Intellectual Property

  • Versata v. SAP (Fed. Cir; S.Ct.) – advised client regarding appeals and rehearing briefs and filed petition for certiorari regarding interplay of district court infringement litigation and Patent Trial and Appeal Board (“PTAB”) proceedings under the America Invents Act
  • Progressive v. Liberty Mutual (Fed. Cir.) – represent client in seven appeals from PTAB decisions declaring Progressive’s patents invalid
  • Maxim v. BB&T (Fed. Cir.) – represent national bank in appeal regarding multi-jurisdictional infringement litigation
  • Unified Messaging Solutions v. Google (Fed. Cir.) – represent national bank in multi-party appeal from judgment of non-infringement
  • Microsoft v. i4i (S.Ct.) – amicus brief for 19 venture capital firms in defense of “clear and convincing” standard for proving patent invalidity
  • Stanford v. Roche (S.Ct.) – amicus brief for 80 higher education institutions regarding ownership of federally funded inventions
  • MGM v. Grokster (S.Ct.) – regarding secondary liability of file-sharing services for copyright infringement

Bankruptcy

  • Representing amici curiae law professors in connection with their submission to the Second Circuit Court of Appeals regarding third party releases in the Purdue Pharma chapter 11 cases. 
  • Mission Products Holdings v. Tempnology (S.Ct.) – regarding effect of rejection by debtor in bankruptcy of a trademark license
  • Bullard v. Blue Hills Bank (S.Ct.) – regarding immediate appeal from denial of plan confirmation
  • Executive Benefits Insurance Agency v. Arkison (S.Ct.) – regarding authority of non-Article III bankruptcy judges to enter final judgment of the United States
  • Clark v. Rameker (S.Ct.) – amicus brief regarding status of inherited IRAs in bankruptcy
  • Kirschner v. FitzSimons (S.Ct./2d Cir.) – regarding standard for intentional fraudulent claims against public shareholders
  • In re Tribune Co. Fraudulent Conveyance Lit.(2d Cir.) – regarding creditor constructive fraudulent conveyance claims against public shareholders

False Claims Act

  • Graham County v. U.S. ex rel. Wilson (S.Ct.), (2005) – regarding the FCA statute of limitations
  • Graham County v. U.S. ex rel. Wilson (S.Ct.), (2009) – regarding the FCA public disclosure bar
  • U.S. ex rel. Dan Abrams Co. v. Medtronic (9th Cir.) – regarding standard for alleging FCA liability based on off-label use
  • U.S. ex rel. Solis v. Millennium (9th Cir.) – regarding standard for alleging FCA liability based on off-label promotion
  • US ex rel. Owsley v. Fazzi Associates (6th Cir) – regarding standard for pleading submission of false claims
  • U.S. ex. rel. Paulos v. Stryker Corp. (8th Cir.) – regarding public disclosure bar and Rule 9(b) pleading standard
  • U.S. ex rel. Nowak v. Medtronic (D. Mass) – successful motion to dismiss FCA qui tam based on allegations of off-label promotion
  • U.S. ex rel. Solis v. Millennium Pharmaceuticals (E.D. Ca.) – regarding scope of FCA liability for off-label promotion

Securities Litigation

  • Merck v. Reynolds (S.Ct.) – relating to the statute of limitations for securities fraud claims
  • Welgus v. Trinet Group, Inc. (9th Cir.) – affirming dismissal of securities class action
  • Employees’ Retirement System of Government of the Virgin Islands et al. v. Blanford (2d Cir.) – regarding dismissal of securities class action alleging fraud in company’s statements concerning inventory and demand
  • Kuyat v. BioMimetic Therapeutics, Inc. (6th Cir.) – affirming dismissal of a securities class action alleging fraud in the company’s statements concerning its flagship medical product
  • In re ProShares Trust Securities Litigation (2d Cir.) – affirming dismissal of securities class action alleging inadequate risk disclosure in registration statement

Antitrust

  • Credit Suisse v. Billing, (S.Ct.) – concerning the immunity of IPO underwriters from antitrust liability
  • FTC v. Actavis (S.Ct.) – amicus brief on behalf of pharmaceutical industry association regarding antitrust liability for patent infringement settlements involving agreement not to enter market
  • North Carolina Bd. of Dental Examiners v. FTC (S.Ct.) – amicus brief on behalf of association of dental support organizations regarding antitrust immunity of state agencies composed of market participants

International law and Foreign Sovereign Immunity

  • Republic of Iraq v. Beaty (S.Ct.) – addressing application of the FSIA’s terrorism exception
  • Sinochem Intern. Co. Ltd. v. Malaysia Intern. Shipping Corp. (S.Ct.) – addressing dismissal for forum non conveniens
  • 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
  • Jesner v. Arab Bank (S.Ct./2d Cir.) – re scope of liability under the Alien Tort Statute
  • Force v. Qatar Charity (E.D.N.Y.) – re scope of liability under Anti- Terrorism Act

Publications

Presentations

  • Panelist, “Litigating Marriage Equality: A Conversation with Leading Lawyers from the United States and Hong Kong,” Ropes & Gray Seminar, Hong Kong (April 2016)
  • Panelist, “Bankruptcy and the U.S. Supreme Court: An Insider’s View of 2014 Decisions,” American Bankruptcy Institute, Northeast Conference (July 2014)
  • Speaker, “Arguing Bankruptcy Cases Before the Supreme Court,” American College of Bankruptcy, First Circuit Luncheon (March 2014)
  • Panelist, “Impact of Fisher v. University of Texas,” National Association of University and College Attorneys (June 2013) 
  • Panelist, “Implications of the Caronia Decision on False Claims Act Enforcement,” American Bar Association, Health Care Fraud Conference (May 2013)
  • Panelist, “Implications of the Caronia Decision on  DOJ and FDA ‘Off-Label’ Enforcement,” Drug Information Association (Feb. 2013)
  • Presenter, “Wollschlaeger v. Farmer:  The Legal Challenge to Florida’s ‘Act relating to the privacy of firearm owners’” American Academy of Pediatrics, (March 2012)
  • 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, “Foreign Official Immunity After Samantar v. Yousuf” International Law Association, American Branch (October 2010) 
  • Faculty member, “Bilski v. Kappos: The Supreme Court Weighs in on Business Methods Patents (Or Did It?)” ALI-ABA Webinar (July 2010) 
  • JD, magna cum laude, Harvard Law School, 1994; Supervising Editor of the Harvard Law Review
  • MPhil (Politics), Rhodes Scholar, University of Oxford, 1991
  • BA (Political Science), summa cum laude, DePauw University, 1989; Phi Beta Kappa; awarded the Walker Cup, given each year to the senior who has contributed the most to the University.

Qualifications

  • Massachusetts, 1995
  • District of Columbia, 2010

Court Admissions

  • Supreme Court of the United States, 2000
  • U.S. Court of Appeals for the First Circuit, 1999
  • U.S. Court of Appeals for the Second Circuit, 2001
  • U.S. Court of Appeals for the Third Circuit, 1998
  • U.S. Court of Appeals for the Fourth Circuit, 1999
  • U.S. Court of Appeals for the Fifth Circuit, 2000
  • U.S. Court of Appeals for the Sixth Circuit, 2003
  • U.S. Court of Appeals for the Seventh Circuit, 2000
  • U.S. Court of Appeals for the Eighth Circuit, 2001
  • U.S. Court of Appeals for the Ninth Circuit, 2001
  • U.S. Court of Appeals for the Tenth Circuit, 2000
  • U.S. Court of Appeals for the Eleventh Circuit, 2010
  • U.S. Court of Appeals for the District of Columbia Circuit, 2001
  • U.S. Court of Appeals for the Federal Circuit, 2010
  • U.S. District Court for the District of Columbia, 2011
  • U.S. District Court for the District of Massachusetts, 1996
  • U.S. News - Best Lawyers® “Best Law Firms” – Appellate Practice, Tier 1 (2019)
  • Legal 500 (2017-2018, 2020)
  • Chambers USA: America's Leading Lawyers for Business (2011-2022) 
  • The Best Lawyers in America (2014-2023)
  • Lawdragon 500 (2015)
  • Law360 “Appellate MVP” (2015)
  • Washington, D.C. Super Lawyers (2013-2021) 
  • 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) 
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