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
- Quoted, “Supreme Court’s Sears Lease Ruling ‘Restores Integrity’ of Appeal Process,” Global Restructuring Review (April 26, 2023)
- Quoted, “Mall of America Wins Supreme Court Case Over Sears Lease,” The Wall Street Journal (April 19, 2023)
- Quoted, “Sears Owner Loses Mall of America Lease Supreme Court Fight,” Bloomberg Law (April 19, 2023)
- Quoted, “New Owner of Sears May Not Get Its $10-a-Year Lease After All,” Courthouse News (April 19, 2023)
- Quoted, “Supreme Court Rules for Mall of America in $10/Year Sears Lease Dispute,” Minneapolis/St. Paul Business Journal (April 19, 2023)
- Noted, “Justices Say Ch. 11 Sale Appeal Rules Aren’t Jurisdictional,” Law360 (April 19, 2023)
- Noted, “Dem. States Say Abrupt DACA End Means Billions in Losses,” Law360 (March 13, 2023)
- Noted, “11th Circ. Urged to Keep Fla. Bias Training Law on Ice,” Law360 (January 12, 2023)
- Quoted, "High Court Won't Address FCA Pleading Standard", Law360 (October 17, 2022)
- Quoted, “Judge Blocks Florida Race ‘Guilt’ Training Ban for Employers,” Bloomberg Law (August 18, 2022)
- Quoted, “Fed, Court Blocks Fla.’s Workplace Bias Training Restrictions,” Law360 (August 18, 2022)
- Quoted, “Judge Blocks ‘Stop Woke Act,’ Comparing Florida to the ‘Upside Down,’” Bloomberg (August 18, 2022)
- Quoted, “Federal judge temporarily blocks DeSantis’ ‘Stop-WOKE’ law,” Politico (August 18, 2022)
- Quoted, “Florida law curbing ‘woke’ workplace bias training blocked by judge,” Reuters (August 18, 2022)
- Quoted, “Same-Sex Marriage Lawyers Say Battle Has Already Begun,” Bloomberg Law (August 16, 2022)
- Quoted, “U.S. Supreme Court will hear Mall of America’s legal fight over $10/year Sears lease,” The Business Journal (June 28, 2022)
- Co-author, “What’s At Stake In Justices’ FCA Qui Tam Dismissal Review,” Law360 (June 28, 2022)
- Quoted, “U.S. Supreme Court takes dispute over extremely cheap mall lease,” Reuters (June 27, 2022)
- Quoted, “High Court To Hear Sears Lease Fight With Mall of America High Court To Hear Sears Lease Fight With Mall of America,” Law360 (June 27, 2022)
- Quoted, “Supreme Court will consider Christian group’s request to temporarily fly flag at Boston City Hall,” ABA Journal (January 13, 2022)
- Quoted, “All eyes watching DC ERISA case before high court,” Pensions & Investments (September 6, 2021)
- Quoted, “Supreme Court defers decision on reviewing admissions case,” The Harvard Gazette (June 15, 2021)
- Co-author, “Citibank Loan 'Blunder' Ruling Raises Appellate Issues,” Law360 (March 5, 2021)
- Quoted, “Supreme Court Delays Upcoming Arguments Citing COVID-19,” Law360 (March 16, 2020)
- Co-author, “Justices Seem Poised To Increase Cos.' Liability Overseas,” Law360 (February 27, 2020)
- Co-author, “When DOJ Seeks Dismissals Of Life Sciences FCA Cases,” Law360 (December 12, 2019)
- Quoted, “Hospitals Sue Trump to Keep Negotiated Prices Secret,” The New York Times (December 4, 2019)
- Co-author, “Kisor May Be A New Dawn For Challenges To FDA Actions,” Law360 (December 2, 2019)
- Featured, “Appellate Hot List 2019: Ropes & Gray,” The National Law Journal (October 25, 2019)
- Co-author, “Anti-Terrorism Act Case Could Bring New Risks For US Cos.,” Law360 (June 21, 2019)
- Quoted, “Top Court Tosses Emulex Case One Week After Argument,” Bloomberg Law (April 23, 2019)
- Quoted, “U.S. Supreme Court Dismisses Emulex Case,” The Deal (April 23, 2019)
- Co-author, “Justices Could Trigger Sea Change For Tender Offer Suits,” Law360 (April 19, 2019)
- Quoted, “Long-Standing Trademark Question Before Supreme Court,” Massachusetts Lawyers Weekly (March 7, 2019)
- Co-author, “Oral Argument on Scheme Liability,” Harvard Law School Forum on Corporate Governance and Financial Regulation (January 6, 2019)
- Co-author, “A Closer Look At CMS' Drug Price Disclosure Proposal,” Law360 (October 24, 2018)
- Co-author, “FDA Clarifies Communication Rules for Medical Product Cos.,” Law360 (June 21, 2018)
- Featured, “2018 Business of Pride Awards – Douglas Hallward-Driemeier (Video),” The Washington Business Journal (June 7, 2018)
- Quoted, “Skilled in the Art: Sending Out an S-A-S | Also, Latham and Durie Tangri Go Lateral Shopping,” Law.com (May 1, 2018)
- Quoted, “Lawyers in Arkansas Same-Sex Marriage Case Return to SCOTUS in Attorney Fee Fight,” The National Law Journal (April 6, 2018)
- Quoted, “Supreme Court lets stand Arizona ruling on same-sex paternity case,” Arizona PBS Cronkite News (February 27, 2018)
- Quoted, “Fla. To Pay $1.1M In Atty Fees In 'Gun Gag' Law Case,” Law360 (July 24, 2017)
- Quoted, “Ropes & Gray Lawyer Who Argued 'Obergefell' Isn't Sweating Kennedy Rumors,” The Supreme Court Brief (July 12, 2017)
- Quoted, “U.S. Supreme Court to Hear Case on Debt Repayment Rules in Bankruptcy,” WSJ Pro Bankruptcy (June 27, 2017)
- Quoted, “Justices Clear Same-Sex Parents To Be On Birth Certificates,” Law360 (June 26, 2017)
- Cited, “Federal Circuit Keeps Alice Patent Ruling in $533 Million Apple Suit,” Law360 (June 12, 2017)
- Cited, “Federal Circuit Kills 3 Patents in $533M Apple Case Under Alice,” Law360 (March 1, 2017)
- Quoted, “Florida Doctors May Discuss Guns With Patients, Court Rules,” The New York Times (February 16, 2017)
- Quoted, “Doctors Have Right to Talk to Patients About Firearm Dangers, Court Rules,” The Wall Street Journal (February 16, 2017)
- Quoted, “The Date's Set. Now What Should the Senate #AskGorsuch?” The National Law Journal (February 16, 2017)
- Cited, “Justices Won’t Hear Cuozzo Appeal of Apple Patent Win,” Law360 (January 17, 2017)
- Cited, “Federal Circuit Backs HTC, Samsung Streaming Patent Win At PTAB,” Law360 (May 9, 2016) Subscription required
- Quoted, “Battle rages over Florida law limiting doctors’ gun speech,” Associated Press (February 27, 2016)
- Author, “FDA and the First Amendment: a Dialogue at Last?” Food and Drug Law Institute (January/February 2016)
- Cited, “Apple Win on SightSound Patent Cancellation Upheld,” Bloomberg BNA (December 15, 2015) (Subscription required)
- Cited, “Federal Circuit Backs Apple Win in AIA Biz Method Review,” Law360 (December 15, 2015) (Subscription required)
- Cited, “Apple Wins Patent Fights Over iTunes and the iPhone,” The San Francisco Recorder (December 15, 2015)
- Profiled, “Appellate MVP: Ropes & Gray’s Doug Hallward-Driemeier,” Law360 (November 25, 2015)
- Featured, “Lawyer Limelight: Doug Hallward-Driemeier,” Lawdragon 500 (September 8, 2015)
- Douglas Hallward-Driemeier and John Bueker, “Supreme Court’s FCA Ruling May Prove a Big Defense Win,” Corporate Counsel (August 20, 2015)
- Profiled, “Lawyer of the week: Douglas Hallward-Driemeier,”The Times of London (July 23, 2015)
- Radio Interview, “Attorney Who Argued for Same-Sex Marriage Reacts to Ruling,” National Public Radio “Here and Now” (June 26, 2015)
- Profiled, “A fighter for equal rights,” The Hill (June 23, 2015)
- Podcast, “What it was like to argue the most anticipated case of the Supreme Court term,” Slate (May 2, 2015)
- Profiled, “About the Lawyers, Douglas Hallward-Driemeier,” The New York Times (April 28, 2015)
- Profiled, “Five lawyers take on history in Supreme Court gay-marriage case,” The Washington Post (April 25, 2015)
- Cited, “Fed. Circ. Grants Stays To Apple, Samsung In Smartflash Case,” Law360 (July 10, 2015) (Subscription required)
- Cited as “Legal Lion,” “Law360's Weekly Verdict: Legal Lions & Lambs,” Law360 (July 9, 2015) (Subscription required)
- Cited, “Judge Tosses $533M Verdict Against Apple in Patent Row,” Law360 (July 7, 2015) (Subscription required)
- Cited, “Apple Dodges Potential $1.6B Award In Smartflash IP Suit,” Law360 (July 2, 2015) (Subscription required)
- Quoted, “No Right for Debtor to Appeal Plan Denial; ‘Lopsided’ System ‘Tolerable’ to High Court,” Bloomberg BNA United States Law Week (May 5, 2015)
- Douglas Hallward-Driemeier and Mark Popofsky, “Antitrust and the Roberts Court,” Antitrust Magazine (Summer 2014)
- Quoted, “SJC Rules in Favor of Bay State Conservation Group,” Boston Business Journal (May 15, 2014)
- Quoted, “Mass. High Court Says Open Conservation Land Is Tax Exempt,” Law360 (May 15, 2014) (Subscription required)
- Quoted, “For Land Trusts, a Landmark Case,” The Wall Street Journal (February 4, 2014)
- Quoted, "High Court Sets Stage For Momentous FCA Ruling," Law360 (October 9, 2013) (Subscription required)
- Quoted, “Q&A: Ropes & Gray's Douglas Hallward-Driemeier,” The Legal Times (August 30, 2013)
- Quoted, “11th Circ. To Hear Challenge To Fla.'s 'Gun Gag' On Doctors,” Law360 (July 16, 2013) (Subscription required)
- Douglas Hallward-Driemeier 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) (Subscription required)
- 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) (Subscription required)
- 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) (Subscription required)
- U.S. Patent Litigation 150 Q&A, 2011 co-authored, with Ropes & Gray colleagues, chapter on patent litigation appeals in book published in Japanese by AIPPI Japan and edited by the Abe Ikubo & Katayama law firm
- Douglas Hallward-Driemeier, Christopher Green, “Dodd Frank Revives Foreign Litigation Doubts,” Compliance Reporter (July 2010)
Presentations
- Panelist, “SCOTUS Watch: The Latest in the Debate Over DOJ’s Dismissal Authority and the Requisite Pleading Standard for False Claims Act Qui Tam Claims,” ACI 10th Annual Advanced Forum on False Claims and Qui Tam Enforcement (January 23, 2023)
- 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)
Education
- 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.
Admissions / Qualifications
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
Awards
- 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 (2011-2023)
- The Best Lawyers in America (2014-2023)
- Lawdragon 500 (2015)
- Law360 “Appellate MVP” (2015)
- Washington, D.C. Super Lawyers (2013-2021, 2023)
- 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)
