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Awards & Rankings

Jones Day named to National Law Journal's "Appellate Hot List" for sixth consecutive year

October 2017


On October 30, 2017 Jones Day was named to the National Law Journal's annual "Appellate Hot List" for the sixth consecutive year.

"With a deep bench of advocates that includes 36 former Supreme Court clerks, and with half of the lawyers in our practice based outside of Washington, we are proud to be recognized for the sixth consecutive year for our record in representing clients in significant appeals and precedent-setting matters," said Beth Heifetz, leader of the Firm’s Issues & Appeals Practice.

Asked by the National Law Journal about the Firm’s approach to appellate success over the past year, partner Shay Dvoretzky explained, "We are often engaged early to shape strategy and frame appellate issues. We work with subject-matter experts in practices throughout the firm to best present arguments in specialized areas to generalist judges. And we draw on our deep appellate bench to brainstorm and refine ideas."

Reflecting this approach, the Firm’s recent appellate wins include persuading the Supreme Court, in NLRB v. SW General, Inc., to curtail the President’s ability, under the Federal Vacancies Reform Act (FVRA), to fill high-level vacancies without the Senate’s approval. The FVRA allows Presidents to appoint temporary acting officials, but prohibits a permanent nominee from serving as an acting official without Senate approval. For 18 years, Presidents from both parties ignored this limitation, and put their permanent nominees to work as acting officials without Senate confirmation. Over that period, the Senate never objected to this practice. Nevertheless, the Firm convinced the Supreme Court that the FVRA’s text barred the Executive Branch’s settled understanding of the statute. The decision is important because it protects the Senate's constitutionally required advice-and-consent role in filling high-level positions.

The Firm has also won significant recent cases in the lower courts. In the Second Circuit, Jones Day successfully represented Constellation Brands in Constellation Brands v. NLRB, and secured one of the only reported victories in decades challenging a bargaining unit determination by the National Labor Relations Board. In Villarreal v. R. J. Reynolds Tobacco Company, Inc., the Firm persuaded the en banc Eleventh Circuit that the Age Discrimination in Employment Act does not authorize disparate-impact claims by applicants for employment. And in National Association of Criminal Defense Lawyers v. U.S. Department of Justice, the D.C. Circuit sided with Jones Day’s client, the NACDL, in an action to obtain the Federal Criminal Discovery Blue Book, authored by the Department of Justice in response to public furor over "egregious misconduct" by DOJ prosecutors relating to the prosecution of the late Senator Ted Stevens.

Read the National Law Journal’s "Appellate Hot List" interview with Jones Day partner Shay Dvoretzky (subscription required).

Jones Day is a global law firm with more than 2,500 lawyers in 43 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.

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