GANZFRIED LAW Jerrold J. Ganzfried
202/486-2004
202/486-2004
BIO
SELECTED CASES
REPRESENTATIVE CASES
PUBLICATIONS
SPEAKING ENGAGEMENTS
IN THE NEWS
CONTACT
Jerrold J. Ganzfried
Education
Stanford Law School, J.D.
President, Stanford Law Review
Yale University, B.A., cum laude
Kilborne Fellowship
News Editor, Yale Daily News
Clerkship
Honorable Irving R. Kaufman,
Chief Judge, United States Court of Appeals for the Second Circuit
State Bar Admissions
District of Columbia
New York
Federal Bar Admissions
Supreme Court of the United States
U.S. Courts of Appeals
Second Circuit
Third Circuit
Fourth Circuit
Fifth Circuit
Sixth Circuit
Seventh Circuit
Ninth Circuit
Tenth Circuit
Eleventh Circuit
District of Columbia Circuit
Federal Circuit
Jerrold J. Ganzfried
Bio Summary
Jerry Ganzfried is the founder of Ganzfried Law.
A former Assistant to the Solicitor General in the Department of Justice, Jerry has argued 15 cases in the United States Supreme Court. In addition to his public service, Jerry’s wide-ranging private practice at major law firms involved briefing and arguing appeals in federal and state courts across the country.
Throughout Jerry’s career, major national and global companies have turned to him for their largest, most complex and sensitive cases. His extensive experience includes litigating a broad range of cases and arguing appeals for leading clients in technology, financial services, oil and gas, telecommunications, consumer products, pharmaceuticals, medical products and construction. He has served as counsel in many landmark antitrust, securities, intellectual property and constitutional law cases decided by the Supreme Court and the federal courts of appeals, including key precedents in trademark law, food and drug regulation, energy, the Commerce Clause, antitrust and administrative law.
Jerry served on the successful appellate team representing former Virginia Governor McDonnell, resulting in a unanimous Supreme Court opinion vacating criminal convictions. During recent Supreme Court terms, Jerry filed amicus briefs in support of the prevailing parties in three important cases: for the American Bar Association in a Sixth Amendment challenge to a pretrial order freezing assets; for a group of law professors in a leading bankruptcy case; and for a public interest organization in a landmark case on Constitutional standards for the Electoral College in Presidential elections.
Jerry’s other recent engagements include the reversal on appeal of a judgment arising from a dispute in a $100 million real estate transaction. He has won high profile appeals involving the savings and loan crisis, securities class actions, a contract/patent licensing dispute over cutting edge biotechnology, and one of the largest corporate tax cases ever reversed on appeal.
A recognized leader in the profession, Jerry was inducted as a Fellow of the American Academy of Appellate Lawyers in 2009. From 2010-2011, he served as Chair of the American Bar Association’s Council of Appellate Lawyers, the only national bench-bar organization devoted to issues of appellate courts and practice. In 2015, Jerry received a Special Recognition Award from the National Association of Attorneys General. Consistent with his dedication to public and community service, Jerry has also maintained a strong commitment to pro bono representation.
Jerrold J. Ganzfried
Professional Experience
Holland & Knight, LLP, Partner
Howrey & Simon (and successor firms), Partner and Chair, Supreme Court and Appellate Practice
U.S. Department of Justice, Assistant to the Solicitor General
Sullivan & Cromwell, Associate
Honors & Awards
Martindale-Hubbell AV Preeminent Peer Review Rated
National Association of Attorneys General, Special Recognition Award, 2015
Washington, DC Super Lawyers, 2012-2023
Yale Alumni Fund, Chairman's Award, 2007
Professional and Community Service Highlights
American Academy of Appellate Lawyers, Membership Committee, 2016-present
American Bar Association Council of Appellate Lawyers, Judicial Division Appellate Judges Conference: Chair, 2010-2011; Founding Member, Executive Committee; Chair of Program Committee; Secretary
Appellate Judges Education Institute, Board of Directors, 2010-2011
Appellate Practice Institute, Steering Committee and Faculty Member, 2009, 2011
District of Columbia Bar CLE Program, Faculty Member, 2000-2021
DRI – The Voice of the Defense Bar, Amicus Committee Chair, 2012-2014
Edward Coke Appellate American Inn of Court, Master of the Bench
National Foundation for Judicial Excellence, Program Committee, 2010-2011
Stanford Law Society of Washington
Yale Alumni Fund, Board of Directors, 1998-2012; Executive Committee, 2006-2012
Yale Club of Washington, DC
Landon Fathers' Club, former President
BCC Baseball, Inc., former member, Board of Directors
Jerrold J. Ganzfried
Selected Cases
Jefferson Parish Hospital District No. 2 v. Hyde. Mr. Ganzfried argued this landmark antitrust case in the U.S. Supreme Court. The case set the standard and analytical framework for assessing tying arrangements under the Sherman Act.
Maine v. Taylor. Mr. Ganzfried successfully argued this leading Commerce Clause case in the U.S. Supreme Court. The case involved a state environmental statute designed to protect in-state waterways.
O'Connor v. United States. Mr. Ganzfried presented the oral argument for the prevailing party in this tax case that presented issues of international treaty interpretation.
DHL Corp. v. CIR. As lead appellate counsel, Mr. Ganzfried argued a large corporate tax case involving transfer pricing and trademark valuation issues that resulted in the reversal by the Ninth Circuit of a Tax Court judgment exceeding $100 million.
Fifth Third Bank v. United States. Mr. Ganzfried obtained the reversal of an adverse trial court ruling in a Winstar-related case arising from the crisis in the savings and loan industry. The Federal Circuit held that Fifth Third had established the government's liability for breach of contract. As lead appellate counsel following the damages trial, Mr. Ganzfried obtained affirmance of a $76.5 million judgment.
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. Mr. Ganzfried argued a seminal Supreme Court case on international arbitration of antitrust issues. The case played a pivotal role in the development of international arbitration as a viable dispute resolution alternative.
In re Digital Island Securities Litigation. Mr. Ganzfried argued for the prevailing defendants in an important securities class action appeal. The Third Circuit’s often-cited decision resulted in dismissal of all claims with prejudice.
Cook Inc. v. Boston Scientific Corp. Mr. Ganzfried served as lead appellate counsel in the Seventh Circuit in a breach of contract/patent licensing case involving cutting edge biotechnology (drug-eluting stents).
Litton Industries v. Honeywell. Mr. Ganzfried served as lead appellate counsel and presented oral argument in the Ninth Circuit in the largest single plaintiff/single defendant antitrust judgment in U.S. antitrust history. The case was settled while the appeal was pending.
Ruckelshaus v. Monsanto. Mr. Ganzfried was counsel in this important regulatory case that upheld the constitutionality of the federal pesticide registration program.
Thomas v. Union Carbide. Mr. Ganzfried served as counsel in this environmental law case adjudicating the constitutionality of the arbitration/compensation provisions of the Federal Insecticide, Fungicide and Rodenticide Act.
Warner-Jenkinson Co. v. Hilton Davis Chemical Co. Mr. Ganzfried filed an amicus brief in a historic Supreme Court case analyzing patent infringement under the doctrine of equivalents.
Stoneridge Investment Partners v. Scientific Atlanta. Mr. Ganzfried filed a Supreme Court amicus brief in support of the prevailing party in this major case in the field of securities law.
Jerrold J. Ganzfried
Representative Cases
Cases argued in the United States Supreme Court
Inwood Laboratories, Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (trademark dispute under Lanham Act; generic drugs).
United States v. Generix Drug Corp., 460 U.S. 453 (premarketing approval requirements for generic drugs under the Federal Food, Drug and Cosmetic Act).
Bowsher v. Merck & Co., 460 U.S. 453 (scope of Comptroller General’s access to records of government contractors).
Jefferson Parish Hospital District No. 2 v. Hyde, 466 U.S. 2 (antitrust law: tying arrangements under the Sherman Act; hospital’s exclusive contract).
Aluminum Company of America v. Central Lincoln Peoples’ Utility District, 467 U.S. 380 (energy and administrative law: allocation of power by Bonneville Power Administration to industrial customers).
Mabry v. Johnson, 467 U.S. 504 (criminal and constitutional law: enforceability of plea agreements).
Garcia v. United States, 469 U.S. 70 (criminal law: statutory construction of scope of federal prohibition of assault and robbery of custodian of government property).
Marek v. Chesny, 473 U.S. 1 (civil procedure: recovery of attorneys’ fees after Rule 68 offer of judgment).
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 (antitrust and international law: arbitrability of Sherman Act claim arising out of international commercial transaction).
Maine v. Taylor, 477 U.S. 131 (constitutionality under Commerce Clause of state criminal environmental statute).
Atkins v. Rivera, 477 U.S. 154 (administrative law: statutory construction and validity of regulations for determining eligibility for Medicaid).
O’Connor v. United States, 479 U.S. 27 (taxation, international law and treaty interpretation: whether Panama Canal Treaty exempts from United States taxation the salaries paid to United States citizens by the Panama Canal Commission).
City of Pleasant Grove v. United States, 479 U.S. 462 (civil rights: application of §5 of the Voting Rights Act to annexation of undeveloped area as part of racially-biased annexation policy).
NLRB v. International Brotherhood of Electrical Workers, Local 340, 481 U.S. 573 (labor law: union discipline of supervisor-members who work for nonunion employers).
Traynor v. Turnage, 485 U.S. 535 (administrative law: jurisdictional basis for judicial review of agency determination; validity under Rehabilitation Act of agency regulation on alcoholism).
Cases argued in United States Courts of Appeals and State Appellate Courts
Worley v. Moore, 807 S.E.2d 133 (North Carolina Supreme Court 2017) (standards under North Carolina rules of Professional Conduct).
Bainbridge St. Elmo Bethesda Apartments, LLC v. White Flint Express Realty Group Limited Partnership, LLLP, 454 Md. 475, 164 A.3d 978 (Maryland Court of Appeals 2017) (contractual dispute over indemnification for attorneys’ fees in first-party litigation).
Bainbridge St. Elmo Bethesda Apartments, LLC v. White Flint Express Realty Group Limited Partnership, LLLP, No. 0376 (Maryland Court of Special Appeals, April 5, 2016) (indemnification provision and award of attorneys’ fees).
Jemal’s Lazriv Water, LLC v. United States,No. 2014-5038 (Fed. Cir. September 16, 2014) (government contract law; tax adjustment clause).
Dormitory Authority of the State of New York v. Continental Casualty Co.,756 F.3d 1317 (2d Cir. 2014) (successful affirmance of declaratory judgment resolving breach of contract/ insurance coverage dispute).
Clark, et al. v. United States, 656 F.3d 1317 (Fed. Cir. 2011) (claims by members of National Guard to be compensated for completing required educational training course).
H&R Block Eastern Enterprises, Inc. v. Raskin, 591 F.3d 718 (4th Cir. 2010) (federal preemption of Maryland statute regulating credit services business).
American Association of Persons With Disabilities v. Holland, 605 F.3d 1124 (11th Cir. May 11, 2010); 647 F.3d 1093 (11th Cir. on petition for rehearing, July 27, 2011) (claims under Americans With Disabilities Act involving access to voting machines).
Provincial Government of Marinduque v. Placer Dome, Inc., 582 F.3d 1083 (9th Cir. 2009) (jurisdictional issues, international comity and standards for forum non conveniens dismissal of suit brought by non-U.S. provincial government).
Backfire 2000 v. United States, 273 Fed. Appx. 661 (9th Cir. April 14, 2008) (claims under Federal Tort Claims Act arising from firefighting activities).
Fifth Third Bank v. United States, 518 F.3d 1368 (Fed. Cir. 2008) (prevailed on appeal upholding awards of damages against government for breach of contract).
Arnett v. Combs, 508 F.3d 1134 (5th Cir. 2007) (constitutional and jurisdictional issues arising in challenge to Texas unclaimed property statute).
Westbard Apartments v. Westwood Investors, 181 Md. App. 37 (Maryland Court of Special Appeals 2007) (successfully obtained reversal in case involving dispute over real estate transaction involving property valued at more than $100 million.
Fifth Third Bank v. United States, 402 F.3d 1221 (Fed. Cir. 2005) (government contracts: successfully obtained reversal of adverse judgment in Winstar-type case involving government’s breach of contract regarding accounting treatment of supervisory goodwill; opinion established government’s liability for actions during the savings and loan crisis).
In re Digital Island Securities Litigation, 357 F.3d 322 (3d Cir. 2004) (prevailed on appeal in securities class action case, upholding dismissal of all claims with prejudice).
Allapattah Services, Inc. v. Exxon, 333 F.3d 1248 (11th Cir. 2003) (class action claims alleging breach of contract; federal court jurisdictional standards for class actions), 362 F.3d 739, on petition for rehearing en banc (11th Cir. 2004).
Cook Inc. v. Boston Scientific Corp., 333 F.3d 737 (7th Cir. 2003) (prevailed on appeal from issuance of injunction in patent licensing dispute involving medical devices).
Doe v. Unocal, 395 F.3d 932 (9th Cir. 2002) (claims under Alien Tort Statute alleging violations of international law).
DHL Corp. v. Commissioner of Internal Revenue, 285 F.3d 1210 (9th Cir. 2002) (successfully obtained reversal of tax liability exceeding $100 million in case involving regulations for accounting of transfer pricing for intellectual property).
Litton Industries v. Honeywell, (9th Cir.) (antitrust law: Sherman Act section 2 monopolization case) (case settled).
Mellon Bank N.A. v. Deluxe Data Systems, 176 F.3d 472 (3d Cir. 1999) (appeal from jury verdict in breach of contract, breach of fiduciary duty case involving government contract).
Gonzalez v. Caterpillar, 114 F.3d 55 (11th Cir.) (prevailed on appeal in antitrust case involving claims under Sherman Act sections 1 and 2).
Ronsini v. Garlock, 256 A.D.2d 250, 683 N.Y.S.2d 39 (N.Y. App. Div., 1st Dep’t 1998) (appeal from jury verdict in asbestos personal injury case involving government contractor defense).
Porter Hayden Co. v. Brannen, No. 190, Sept. Term 1997 (Maryland Court of Special Appeals), cert. denied, 349 Md. 497 (1998) (successfully obtained reversal of judgment in asbestos products liability case).
Weight Watchers International, Inc. v. Federal Trade Commission (9th Cir.) (administrative law: appeal from dismissal of complaint for judicial review of agency denial of rulemaking petition) (case settled).
Systemcare, Inc. v. Wang Laboratories, Inc., 117 F.3d 1137 (10th Cir. 1997) (en banc) (concerted activity element of antitrust tying claim).
Allied Machinery Service, Inc. v. Caterpillar, Inc., 114 F.3d 1202 (11th Cir. 1997) (federal court abstention issues in context of antitrust claims).
AT&T v. United Computer Systems, 100 F.3d 961 (9th Cir. 1996) (successfully upheld order compelling arbitration in computer industry dispute).
AT&T v. United Computer Systems, 98 F.3d 1206 (9th Cir. 1996) (successfully obtained additional prejudgment interest on judgment confirming arbitration award).
Systemcare, Inc. v. Wang Laboratories, Inc., 85 F.3d 465 (10th Cir. 1996) (antitrust law: claims of alleged tying arrangement involving services for computer hardware and software).
United States v. Marine Shale Processors, 81 F.3d 1329 (5th Cir. 1996) (environmental law: claims under RCRA and CERCLA).
Marine Shale Processors, Inc. v. EPA, 81 F.3d 1371 (5th Cir. 1996) (environmental and administrative law: appeal from agency decision denying application for operating permit).
United States v. Marine Shale Processors, 81 F.3d 1361 (5th Cir. 1996) (environmental law: claims under Clean Water Act, Clean Air Act, and RCRA).
Weight Watchers International, Inc. v. Federal Trade Commission, 47 F.3d 990 (9th Cir. 1995) (administrative law: successfully obtained judicial review of agency denial of rulemaking petition).
AT&T v. United Computer Systems, 5 F.3d 534, 1993 WL 360778, **7 (9th Cir. 1993) (appellate reinstatement of previously-vacated arbitration award and recovery exceeding $20 million).
Geophysical Systems Corp. v. Raytheon Corp. and Seismograph Service Corp., 988 F.2d 119 (9th Cir. 1993) (contractual dispute, RICO, covenant of good faith and fair dealing, unfair competition).
Danielsen v. Burnside-Ott Aviation Training Center, Inc., 941 F.2d 1220 (D.C. Cir. 1991) (affirmed dismissal of civil RICO complaint against government contractor).
Dana Corp. v. Blue Cross & Blue Shield Mutual of Northern Ohio, 900 F.2d 882 (6th Cir. 1990) (obtained reversal of decision dismissing civil RICO complaint).
Royal Crown Cola Co. v. The Coca-Cola Co., 887 F.2d 1480 (11th Cir. 1989) (obtained reversal of award of attorneys’ fees in antitrust litigation).
In re Paradyne Corp., 849 F.2d 606 (4th Cir. 1988) (civil procedure: mandamus).
Cases Briefed in the United States Supreme Court
Chiafalo v. Washington, 591 U.S. ___, 140 S.Ct. 2316 (2020) (Electoral College voting standards) (amicus brief for Making Every Vote Count Foundation).
Merit Management Group, LP v. FTI Consulting, Inc., 583 U.S. 366 (2018) (Bankruptcy Code section 546(e) safe harbor provision) (amicus brief for Bankruptcy Law Professors).
McDonnell v. United States, 579 U.S. 550 (2016) (overturned federal corruption prosecution of former Governor of Virginia).
Husky International Electronics, Inc. v. Ritz, 578 U.S. 355 (2016) (bankruptcy law: scope of statutory “actual fraud” exception to dischargeability of debt) (amicus brief for Bankruptcy Law Professors).
Luis v. United States, 578 U.S. 5 (2016) (Constitutional law: right to counsel of choice; successful challenge to pretrial restraining order freezing untainted assets needed by accused to retain counsel; Fifth and Sixth Amendment issues) (amicus brief for American Bar Association).
Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. 855 (2014) (Aviation Transportation and Security Act: airline immunity from defamation liability for report to TSA of potential security threat) (amicus).
Heimeshoff v. Hartford Life & Accident Insurance Co., 571 U.S. 99 (2013) (calculation of statute of limitations for claims challenging adverse benefits decisions under ERISA plan) (amicus).
Kaley v. United States, 571 U.S. 320 (2014) (Sixth Amendment and Due Process issues arising from pretrial order freezing assets needed by criminal defendants to retain counsel of choice) (amicus brief for American Bar Association).
Oxford Health Plans LLC v. Sutter, 569 U.S. 564 (2013) (standards for permitting arbitration to proceed on a class-wide basis) (amicus).
American Express Co. v. Italian Colors Restaurant, 570 U.S. 228 (2013) (enforceability of arbitration agreement with express class action waiver) (amicus).
Los Angeles County Flood Control District v. Natural Resources Defense Council, 568 U.S. 78 (2013) (environmental law: scope of federal permit requirements under Clean Water Act) (amicus).
McDonald v. City of Chicago, 561 U.S. 325 (2010) (Second Amendment) (amicus).
Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139 (2010) (standards for issuance of injunctions to block agency decision to deregulate genetically engineered plants under Plant Protection Act) (amicus).
Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662 (2010) (permissibility of class action arbitration where contract is silent) (amicus).
Stoneridge Investment Partners v. Scientific Atlanta, 552 U.S. 148 (2008) (securities law: rejection of “scheme liability” theory that would have extended liability in private securities actions) (amicus).
Metlife v. Glenn, 554 U.S. 105 (2008) (ERISA law: standards for reviewing disability insurance coverage by plan administrators who are also insurers) (amicus brief for American Dental Asssociation).
MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007) (standards for patent licensee seeking declaratory judgment of patent's validity) (amicus).
Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003) (standards for claim of trademark dilution) (amicus).
Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17 (1997) (intellectual property: patent infringement under the doctrine of equivalents) (amicus).
United States v. Winstar Corp., 518 U.S. 839 (1996) (bank regulation, government contracts: claim against United States for breach of contract relating to supervisory goodwill of thrift institutions under FIRREA) (amicus).
Kimberlin v. Quinlan, 515 U.S. 321 (1995) (Bivens action against federal officials).
City of Edmonds v. Oxford House, Inc., 514 U.S. 725 (1995) (application of Fair Housing Act to city zoning regulations) (amicus).
Bowen v. Kizer, 485 U.S. 386 (1988) (administrative law: status of agency manual provision in establishing income eligibility levels for Medicaid program; interpretation of Deficit Reduction Act of 1984).
Basic, Inc. v. Levinson, 485 U.S. 224 (1988) (securities law: materiality of merger negotiations under Rule 10b-5; presumption of reliance in case alleging fraud on the market).
Bowen v. Gilliard, 483 U.S. 587 (1987) (constitutionality of standard filing unit provision in AFDC program).
Cargill, Inc. v. Monfort of Colorado, Inc., 479 U.S. 104 (1986) (antitrust law: standing to enjoin an acquisition by a competitor).
Baker v. General Motors, 478 U.S. 621 (1986) (labor law: whether federal law preempts state statutes disallowing unemployment benefits to employees who financed the labor dispute that caused their unemployment).
Square D Co. v. Niagara Frontier Tariff Bureau, Inc., 476 U.S. 409 (1986) (scope of implied immunity from antitrust treble damages action for rates filed with the Interstate Commerce Commission).
Thomas v. Union Carbide Agricultural Products Co., 473 U.S. 568 (1985) (environmental law: constitutionality of the arbitration/compensation provisions of the Federal Insecticide, Fungicide and Rodenticide Act).
Ruckelshaus v. Monsanto Co., 467 U.S. 986 (1984) (environmental law: constitutionality of federal pesticide registration program).
National Collegiate Athletic Association v. Board of Regents of the University of Oklahoma, 468 U.S. 85 (1984) (antitrust law: legality of college football television restrictions under Sherman Act per se and rule of reason analysis).
Monsanto Co. v. Spray-Rite Service Corp., 465 U.S. 752 (1984) (antitrust law: vertical restraints, resale price maintenance under the Sherman Act).
United States v. Rylander, 460 U.S. 752 (1983) (enforcement of IRS summons in contempt proceedings).
Metropolitan Edison Co. v. NLRB, 460 U.S. 693 (1983) (labor law: disparate punishment imposed on union officials).
Union Labor Life Insurance Co. v. Pireno, 458 U.S. 119 (1982) (antitrust law: the business of insurance exemption of the McCarran-Ferguson Act).
Cases Briefed in Federal and State Appellate Courts
PowerAnalytics Corp. v. Operation Technology, Inc., No. 2018-1428 (Fed. Cir. January 15, 2019) (patent law; standards for determining patent eligibility).
Carucel Investments, L.P. v. Novatel Wireless, Inc., No. 2017-2301 (Fed. Cir. July 13, 2018) (patent law: claim construction).
GSI Technology, Inc. v. United Memories, Inc. No. 15-17563 (9th Cir. December 7, 2017) (claims for breach of technology contract; contractual fee-shifting provision).
United States ex rel. Sant v. Biotronik, Inc., No. 15-17320 (9th Cir. October 31, 2017) (False Claims Act award of attorneys’ fees).
Sandquist v. Lebo Automotive, Inc., 1 Cal.5th 233, 205 Cal.Rptr.3d 359, 376 P.3d 506 (California Supreme Court 2016) (availability of class-wide arbitration and related jurisdictional issues) (amicus).
Perry Capital LLC, et al. v. Mnuchin, Secretary of the Treasury, et al. (D.C. Cir. 2017) (challenge to actions by the Federal Finance Housing Agency’s actions as conservator for Fannie Mae and Freddie Mac) (amicus).
Rochow v. Life Insurance Company of North America, 780 F.3d 364 (6th Cir. 2015) (en banc) (rejecting disgorgement of profits remedy for denial of benefits claim under ERISA plan) (amicus).
Metcalf Construction Co. v. United States, 742 F.3d 984 (Fed. Cir. 2014) (covenant of good faith and fair dealing in government procurement contract) (amicus).
Fractal Fund Management Ltd. v. Securities and Exchange Commission (2d Cir. 2013) (appeal by party challenging settlement in SEC enforcement proceeding) (appeal settled).
Westbard Apartments, LLC v. Westbard Investments, LLC (Maryland Court of Special Appeals 2013) (claims of breach of fiduciary duty and breach of contract in real estate transaction) (case settled).
In the Matter of USGen New England, Inc., Reorganized Debtor, TransCanada PipeLines, Ltd. v. USGen New England, Inc. (4th Cir. 2012) (breach of contract governed by Canadian law) (case settled).
Securities and Exchange Commission v. Illarramendi (2d Cir. 2012) (SEC enforcement action; standards for intervention; standards for entry of order freezing assets of relief defendants) (appeal settled).
Gerald D. Buckberg v. Edwards Lifesciences Research Medical, Inc., B219245 (Calif. Court of Appeal, 2d Dist.) (June 13, 2011) (prevailed in appeal from trial court decision in case involving breach of contract claims in patent licensing agreement for medical device technology).
In re USGen New England, Inc., TransCanada Pipelines Ltd. v. USGen New England, Inc. (D. Maryland) (2011) (appeal from bankruptcy court decision on breach of contract claim involving application of foreign law).
Falls Media, LLC v. Zobmondo Entertainment, LLC, 602 F.3d 1108 (9th Cir. 2010) (prevailed in reversing summary judgment in trademark dispute involving issues of distinctiveness and secondary meaning).
Wheeler v. Pilgrim’s Pride Corporation, 591 F.3d 355 (5th Cir.) (en banc) (December 15, 2009) (elements of antitrust claim under Packers and Stockyards Act) (amicus).
Digene v. Third Wave Technologies, 323 Fed. Appx. 902 (Fed. Cir. April 1, 2009) (intellectual property and antitrust law: patent claim construction and monopolization claims in biomedical field).
Nano-Proprietary, Inc. v. Canon Inc., 537 F.3d 394 (5th Cir. 2008) (dispute arising from patent licensing agreement).
Cascade Health Solutions v. PeaceHealth, 515 F.3d 883 (9th Cir. 2007) (antitrust: standards for analyzing claims challenging bundled discounts) (amicus).
JBDL Corp. v. Wyeth-Ayerst Lab, 485 F.3d 880 (6th Cir. 2007) (antitrust: affirming summary judgment dismissal of Sherman Act section 2 case) (amicus).
Mallia v. Bennett Auto Supply (Fla. Ct. App. 2006) (appeal from largest asbestos personal injury verdict in the U.S. in 2005) (case settled).
In re Cable & Wireless Securities Litigation (4th Cir.) (appeal from dismissal of securities class action) (case settled).
ID Systems Canada, Inc. v. Checkpoint Systems (3d Cir.) (appeal from jury verdict involving antitrust, tortious interference and unfair competition claims) (case settled).
Sealed 1 v. Sealed 2 (9th Cir.) (white collar criminal law issues and defendants’ rights) (case settled).
GTE Corp. v. Allendale Mutual Insurance Co., 372 F.3d 598 (3d Cir. 2004) (appeal from grant of summary judgment in insurance coverage case involving Y2K-related policy).
Guinness United Distillers & Vintners v. Anheuser-Busch, Inc. (2d Cir. November 4, 2002) (trademark mark: appeal from entry of preliminary injunction).
Maris Distributing Co. v. Anheuser-Busch, Inc., 302 F.3d 1207 (11th Cir. 2002) (antitrust law; prevailed in affirmance of favorable district court judgment).
Universal Avionics Systems Corp. v. Rockwell International Corp., 52 Fed. Appx. 897 (9th Cir. 2002) (antitrust law: affirmance of summary judgment on Sherman Act §1 tying claims and attempted monopolization claims).
Scimed Life Systems, Inc. v. Advanced Cardiovascular Systems, Inc., 242 F.3d 1337 (Fed. Cir. 2001) (patent infringement appeal involving medical devices).
Spectators’ Communication v. Colonial Country Club, 253 F.3d 215 (5th Cir. 2001) (antitrust/communications).
Baxter International, Inc. v. McGaw, Inc., 149 F.3d 1321 (Fed. Cir. 1998) (patent infringement appeal).
Pacific Great Lakes Corp. v. Bessemer & Lake Erie Railroad Co., 130 Ohio App.3d 477 (Ohio Ct. Apps. 1998) (appeal from jury verdict in antitrust case).
Scallet v. Rosenblum, 106 F.3d 391 (4th Cir. 1997) (First Amendment: academic freedom) (amicus).
In re Marine Shale Processors, Inc., 91 F.3d 16 (5th Cir 1996) (environmental law; mandamus).
Total TV v. Palmer Communications, Inc., 69 F.3d 298 (9th Cir. 1995) (antitrust and unfair competition claims in cable television industry).
Anheuser-Busch, Inc. v. A-B Distributors, Inc., 62 F.3d 402 (11th Cir. 1995) (successful appeal of preliminary injunction barring termination of distributor).
Texaco Puerto Rico v. Department of Consumer Affairs, 60 F.3d 867 (1st Cir. 1995) (judicial rejection of administrative effort to obtain restitution).
Advo, Inc. v. Philadelphia Newspapers, Inc., 51 F.3d 1191 (3d Cir. 1995) (antitrust law: monopolization claims).
Van Vranken v. Atlantic Richfield Co., 11 F.3d 1069 (Fed. Cir. 1993) (successful affirmance of jury verdict in class action case involving overcharges in price of crude oil).
In re Lower Lake Erie Iron Ore Antitrust Litigation, 998 F.2d 1144 (3d Cir. 1993) (successfully upheld largest antitrust judgment ever affirmed on appeal in the United States).
Hilo v. Exxon, 997 F.2d 641 (9th Cir. 1993) (standards for preliminary injunctions under Petroleum Marketing Practices Act).
Sands, Taylor & Wood Co. v. The Quaker Oats Co., 978 F.2d 947 (7th Cir. 1992) (trademark law: successful appeal of damage award).
Alpha Lyracom Space Communications, Inc. v. Communications Satellite Corp.,946 F.2d 168 (2d Cir. 1991) (upholding claim of antitrust immunity).
International Surplus Lines Insurance Co. v. Rockwell International Corp. (3d Cir. 1990) (insurance law; commercial contract claims) (case settled).
Berkey Photo, Inc. v. Eastman Kodak Co., 603 F.2d 263 (2d Cir. 1979) (Sherman Act section 1 and 2; Robinson-Patman Act; successful reversal of jury verdict).
United States v. GAF Corp., 596 F.2d 10 (2d Cir. 1979) (Antitrust Division civil investigative demand).
Four Star Stage Lighting Co. v. Merrick, 60 App. Div.2d 806, 400 N.Y.S.2d 543 (N.Y. App. Div. 1st Dep’t 1978) (libel/slander/tortious interference with contractual relations).
Jerrold J. Ganzfried
Publications
“Amicus Practice in the Supreme Court: Answering Hypotheticals Before They Are Asked,” ABA Litigation, Fall 2017.
“Assessing the Supreme Court’s Business Docket: A Different Analytical Framework,” In-House Defense Quarterly, Winter 2017.
"Interesting Times for Amici: DRI After Scalia," For the Defense, April 2016 (co-author).
“Amicus Update: DRI and ASCDC File Brief in California Supreme Court in Sandquist v. Lebo Automotive, Inc.,” DRI, May 13, 2015 (Commercial Arbitration Case).
“Justices Probe Limits of Non-Delegation Doctrine and Express Due Process Concerns,” Holland & Knight Regulatory Litigation Blog, December 10, 2014.
“Supreme Court to Address Important Business Regulation Question Next Month in Department of Transportation v. Association of American Railroads,” Holland & Knight Regulatory Litigation Blog, November 20, 2014.
“Supreme Court Upholds Defamation Immunity for Airlines That Report Potential Threats,” MLRC MediaLawLetter, February 2014.
“DRI as Amicus Curiae: A Solid Foundation to Support a Rising Profile,"
For the Defense, February 2014.
“U.S. Supreme Court Adds ‘Relevant Reader or Listener’ to ‘Material Falsity’ Defamation Analysis,” Holland & Knight Alert, January 28, 2014.
“U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case,” Holland & Knight Alert, January 28, 2014.
“Supreme Court Upholds Reasonable Contractual Limitations Period in ERISA Plan,” Holland & Knight Alert, December 17, 2013.
“Supreme Court to Review Defamation Immunity,” MLRC MediaLawLetter, June 2013.
“Supreme Court Upholds Class Action Waivers in Arbitration Agreements,”
Holland & Knight Alert, June 24, 2013.
“U.S. Supreme Court Reaffirms Settled Precedent for Regulating Transfers of Water Through Stormwater Systems and Other Water Infrastructure,”
Holland & Knight Alert, January 10, 2013.
“United States Court of Appeals for the Federal Circuit,” chapter in
The Appellate Practice Compendium, ABA Council of Appellate Lawyers, August 2012 (co-author).
“You Are Not Your Brother's Bookkeeper: The Supreme Court's Securities Law Decision in Stoneridge,” For The Defense, February 2008 (co-author).
“When Are Vertical Resale Price Maintenance Agreements Illegal Under the Sherman Act?,” 6 Preview of U.S. Supreme Court Cases 302, March 19, 2007.
“Council of Appellate Lawyers Symposium on U.S. Supreme Court,” Judicial Division Record, Spring 2005.
“The Supreme Court’s 2002 Term: Civil Cases Affecting State and Local Governments,” 44 Municipal Lawyer 24, Nov.–Dec. 2003.
“Bringing Business Judgment to Business Litigation: Mediation and Settlement in the Federal Courts of Appeals,” 65 G.W.L. Rev., 531, 1997.
“Government, Courts and Regulations in Washington, DC,” Global Law and Business 28, October 1995.
“Double Jeopardy and the Waiver of Jurisdiction in California’s Juvenile Courts,” 24 Stan.L.Rev., 874, 1972.
“The Bacchae: Review of the 1969 Yale Repertory Theatre Production,” reprinted in Klaus, Gilbert & Field, Stages of Drama: Classical to Contemporary Theater, 4th ed., 1999.
“Movie Stars at Yale,” Chicago Daily News Weekend Magazine, October 1969.
Jerrold J. Ganzfried
Speaking Engagements
“United States Supreme Court Developments and Future Directions for Business Cases,” DRI Corporate Counsel Roundtable, January 19, 2017.
“Now You’re Cooking: Ingredients and Recipes for Appellate Briefs,”4th Annual Joint Appellate Advocacy Training, September 15, 2016.
Annual Supreme Court Webinars: “Business Decisions, Major Ramifications for
Business,” Holland & Knight Webinars, 2013-2016.
Fundamentals of Administrative Law Practice Series: “Judicial Review of Agency
Decisions,” DC Bar CLE Program, 2000-2016.
“Pending and Trending: Key Issues in Appellate Law,” DRI Annual Meeting, Washington, DC, October 8, 2015.
"Consumer Arbitration at a Crossroads," Yale Law School, April 8, 2015.
“Oral Advocacy That Works: Views from the Bench and Bar,” ABA Webinar, May 15, 2012.
“Preserving Civil Issues for Appeal in Federal Court: Tools to Optimize Success,”
Strafford Webinar, May 3, 2012.
“Yours, Mine and Ours: The Evolving Relationship Between Appellate Counsel and Trial
Counsel,” Appellate Judges Education Institute Summit, Washington, DC, November 12,
2011.
“Everything but the Argument: The Oft-Neglected Portions of an Appellate Brief,” AJEI-
CAL Appellate Summit, Scottsdale, AZ, November 2008.
“A Swift Round-Trip on Erie Railroad: State Law in Federal Courts and Federal Law in
State Courts,” ABA Annual Meeting, August 2008.
“Stoneridge Investment Partners v. Scientific-Atlanta: Discover How the Supreme
Court's Ruling Will Affect the Securities Fraud Landscape,” West LegalEd Webinar,
January 2008.
“The Real Heroes,” Yale University Alumni Convocation, New Haven, CT, November 16,
2007.
“Oral Argument: How to Use it to Win Your Appeal,” Appellate Judges Education
Institute Council of Appellate Lawyers Summit, Washington, DC, September 29, 2007.
“A Tour of The Ivory Tower: Developments in the United States Supreme Court That
Every Business Lawyer (and Client) Should Know About,” ABA Section of Business Law,
Business & Commercial Litigation Committee, Appellate Subcommittee Forum,
Washington, DC, March 16, 2007.
“Symposium on Supreme Court Oral Argument,” Council of Appellate Lawyers,
Washington, DC, 2005, 2006.
“Marketing the Appellate Practice,” AJEI-CAL Appellate Summit, San Francisco, CA,
September 29, 2005.
“Supreme Court and Appellate Advocacy,” Stanford Law School, October 1996.
“Update on Recent Supreme Court Developments,” Pharmaceutical Manufacturers
Association, Washington, DC, June 1983.
“The Supreme Court and the Role of the Solicitor General,” Presidential Classroom for
Young Americans, The Great Hall, U.S. Department of Justice, Washington, DC, July 1982.
Jerrold J. Ganzfried
In The News
The National Law Journal, Supreme Court Brief, “Leaving Big Law, a Holland & Knight Appellate Lawyer Flies Solo,” by Marcia Coyle, January 10, 2017.
Maryland Lawyer, “Corporations/Partnerships: A partner can’t cut his own deal,” by Cynthia Di Pasquale, June 4, 2007, pages 3B … 17B.
“Litigation Proofing, LLC, Awards Prize to First ‘Email of the Month’ Contest Winner,” December 16, 2004.
Fulton County Daily Report, “11th Circuit Judge Urges High Court Review in Exxon Case,” by Jonathan Ringel, March 22, 2004.
Daily Business Review, “From the Courts: Station Owners Fight to Preserve Jury’s $500M Award Against Exxon,” by Laurie Cunningham, November 13, 2002, pages A1 … A11.
Bloomberg News, “DHL Reverses Tax Ruling Imposing $114MLN Penalty,” by Karen Guillo, April 22, 2002.
The Washington Times, “Court closes out ‘entertaining’ term,” by Frank J. Murray, June 25, 2001.
Bloomberg News, “Honeywell Seeks Reversal of $660 Mln Antitrust Award to Litton,” March 5, 2001.
Corporate Legal Times, “Controversial Cases Disappear,” by Bruce Rubenstein, November 1999, pages 1…36.
Legal Times, “The Cookie Crumbles,” April 20, 1998, page 3.
The National Law Journal, Court Watch, “District Court May Review FTC Rulings,” February 27, 1995, page B3.
Antitrust Litigation Reporter, “Wallpaper Maker Takes 3rd Cir. Pretext Evidence Ruling to High Court,” February 1995.
New York Law Journal, “GAF to Get $9.5 Million in Kodak Suit Settlement,” April 20, 1982, pages 1-2.
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