Jeffrey B. WallPartner
Jeff Wall is the Co-Head of the Firm's Appellate Litigation Practice, which was recognized by The National Law Journal's 2016 Appellate Hot List for its recent achievements and overall track record. Named by Law360 as a 2016 Appellate MVP for “an impressive slate of wins over the past year,” Mr. Wall has argued 11 cases before the Supreme Court, including this past Term in Halo v. Pulse on the availability of enhanced damages in patent infringement cases. He also has briefed and argued numerous cases before federal and state courts of appeals and administrative agencies. In addition to his appellate experience, Mr. Wall has represented clients in a range of complex civil and criminal matters at the trial level, including as lead counsel in a successful federal criminal trial.
Mr. Wall has been recognized by the National Law Journal and Legal 500 United States 2015 as someone who “takes charge of the process, strongly influences the direction and shape of the analysis, and produces excellent briefs.” He has handled significant matters before the Supreme Court in a number of areas, including securities, intellectual property, taxation, labor and employment, bankruptcy, preemption and the Foreign Sovereign Immunities Act, the False Claims Act, the First Amendment, and criminal law and procedure. In addition to prevailing this past Term in Halo, he has argued Gabelli v. SEC and Credit Suisse Securities (USA) LLC v. Simmonds, on the timeliness of monetary claims against financial advisers and institutions; Kasten v. Saint-Gobain Performance Plastics Corp., on the anti-retaliation provision of the Fair Labor Standards Act; United States ex rel. Eisenstein v. City of New York, on the time limit for certain appeals under the False Claims Act; and Schwab v. Reilly, on the proper treatment of exemptions in bankruptcy.
Mr. Wall’s clients have included corporations and financial institutions such as Bank of Montreal, Barclays, First Tennessee Bank, FXI, Goldman Sachs, JPMorgan Chase, LexisNexis, State Farm, Stryker, UBS, and U.S. Bank. He also has represented The Clearing House Association, Institute of International Bankers, Securities Industry and Financial Markets Association, Technet, and U.S. Chamber of Commerce. Among his recent matters, he successfully represented Banco Central de la Republica Argentina in its appeal to the Second Circuit, which reversed the district court and dismissed the complaint in a multi-billion-dollar case. In addition, Mr. Wall routinely represents individuals in high-profile criminal matters, including the former president of Pennsylvania State University in an appeal arising out of the Sandusky investigation. He has an active pro bono practice and was named to the Capital Pro Bono Honor Roll in 2014 and 2015.
Mr. Wall joined the Firm in 2013 after serving as an Assistant to the Solicitor General in the U.S. Department of Justice. He received a number of recognitions for his advocacy before the Supreme Court during that time, including awards from the Attorney General for outstanding contributions by a new employee and from the Internal Revenue Service for outstanding support to the Office of Chief Counsel.
Mr. Wall was a law clerk to Justice Clarence Thomas and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. He has taught courses in law school on administrative law and federal jurisdiction. He is a past officer of the Edward Coke Appellate Inn of Court, which is the principal bench-bar organization for appellate judges and lawyers in the Washington area. He is a member of the Advisory Committee on Procedures for the U.S. Court of Appeals for the D.C. Circuit, as well as the Supreme Court Historical Society.
Cases Argued in the Supreme Court (click on the case name to listen to the oral argument)
False Claims Act
- United States ex rel. Eisenstein v. City of New York, 556 U.S. 928 (2009): whether the government is a party to a qui tam action under the False Claims Act when it declines to intervene.
- Gabelli v. SEC, 133 S. Ct. 1216 (2013): when a statute of limitations begins to run for civil penalty claims against investment advisers.
- Credit Suisse Securities (USA) LLC v. Simmonds, 132 S. Ct. 1414 (2012): when a statute of limitations begins to run for short-swing trading claims against financial institutions, officers, and directors.
- Halo Electronics v. Pulse Electronics, Stryker v. Zimmer (2016): when enhanced damages should be available in patent infringement cases.
Labor and Employment
- Kasten v. St. Gobain Performance Plastics Corp., 131 S. Ct. 1325 (2011): whether the anti-retaliation provision of the Fair Labor Standards Act prevents an employer from discharging an employee for oral complaints.
- Schwab v. Reilly, 130 S. Ct. 2652 (2010): whether the bankruptcy trustee is required to object to a debtor’s market valuation of property.
- Henderson v. United States, 133 S. Ct. 1121 (2013): whether an error is plain for purposes of plain-error review when the law is unclear at the time of the error but subsequently becomes clear.
- Bailey v. United States, 133 S. Ct. 1031 (2013): whether the Fourth Amendment permits police officers executing a search warrant to detain an occupant who has left the immediate vicinity of the premises.
- Martinez v. Ryan, 132 S. Ct. 1309 (2012): whether a prisoner has a constitutional right to the assistance of counsel on collateral review when that is the first opportunity to raise a particular claim of error.
- Sykes v. United States, 131 S. Ct. 2267 (2011): whether a felony conviction for fleeing from law enforcement in a vehicle qualifies as a violent felony under the Armed Career Criminal Act of 1984.
- Barber v. Thomas, 130 S. Ct. 2499 (2010): whether good conduct time for federal inmates should be calculated on the basis of the sentence imposed or time served.
Recent Rankings and Recognitions
- Law360 MVP - Appellate (2016)
- The National Law Journal Appellate Hot List (2014, 2016)
- Law360 Legal Lion (2016)
- The Best Lawyers in Washington, D.C. - Appellate Practice (2017)
- Legal Times D.C. Rising Star (2014)
Recent Events and Speaking Engagements
- “Connecting DC with Wall Street—how IP investors view the legal and policy landscape” and “A falling market: a general overview of the patent litigation landscape” (IAM’s Patent Law and Policy Conference, November 15, 2016)
- “The Lone Jurist: The Jurisprudence of Clarence Thomas” (Russell Senate Building, October 25, 2016)
- “The Supreme Court: A Preview of the New Term” (Smithsonian Associates, September 15, 2016)
- “Intent in Patent Infringement: How the Supreme Court’s Opinions in Octane Fitness, Halo & Kirtsaeng Have Changed the Game” (American Intellectual Property Law Association, September 14, 2016)
- “Where Is the Supreme Court Headed?” (KentPresents Idea Festival, August 18, 2016)
- “18th Annual Supreme Court Review: October 2015 Term” (Practising Law Institute, August 11, 2016)
- “2016 U.S. Supreme Court Term Review” (Federalist Society Iowa Lawyers Chapter, July 13, 2016)
- “Supreme Court Review” (Federal Circuit Bench and Bar Association, June 24, 2016)
- “The U.S. Supreme Court: October Term 2015 Review” (Washington Legal Foundation, June 22, 2016)
- “Are Patents Under Attack in the Supreme Court?” (The Federalist Society, May 17, 2016)
- “Breaking the Silence: The Supreme Court’s Unprecedented Interest in IP Issues” (Univ. of Chicago Law School, April 1, 2016)
- “Framing Supreme Court Cases” (NYU Law School, March 30, 2016)
- “Preparing for Oral Arguments” (Harvard Law School, March 29, 1016)
- “Administrative Law: Litigation and Legislation” (American Tort Reform Association, March 22, 2016)
- “Is the Roberts Court Pro-Business?” (Harvard Law School, March 21, 2016)
- “Supreme Court OT 2015 Mid-Term Preview” (Georgetown Supreme Court Institute, February 3, 2016)
- “Exploring Trends in U.S. Supreme Court Intellectual Property Decisions” (Bench and Bar Conference of the U.S. District Court for the District of Massachusetts, Oct. 22, 2015)
- “Federal Government Power and Business Interests: Business Interests Litigation” (PLI’s 17th Annual Supreme Court Review, July 28, 2015)
- “The Roberts Court at Age Nine: The 2014 U.S. Supreme Court Term in Review” (Virginia Bar Association, July 24, 2015)