Leon F.DeJulius Jr. (Lee)

Partner-in-Charge New York

New York + 1.212.326.3830

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Lee DeJulius, a former law clerk to Chief Justice William Rehnquist, represents clients across industries and legal subjects in high-stakes trial and appellate matters throughout the country. He has tried cases to juries, judges, and arbitration panels. Lee also has appeared in dozens of appellate matters, presenting argument in several different federal circuit courts and state supreme courts, and serving as counsel of record in the U.S. Supreme Court. Lee is Partner-in-Charge of the New York Office.

Many of Lee's matters involve high-profile disputes with the government. He has extensive experience in public nuisance lawsuits related to the manufacture, promotion, and sale of products. He has handled commercial, regulatory, and environmental cases brought by government entities and has defended clients in statewide investigating grand jury proceedings. Most recently, Lee secured a unanimous reversal in the Pennsylvania Supreme Court on a billion dollar dispute involving a consent decree with the Pennsylvania Attorney General.

Some of Lee's additional successful representations include recovering over $200 million as a first-chair trial lawyer in a commercial arbitration; defending an oil and gas E&P company in a $1.6 billion dispute before the High Court of Justice in London, England involving oil concessions in Kurdistan, Iraq; and defending a global steel corporation against a public nuisance and trespass preliminary injunction. He also represented the University of Notre Dame regarding alleged Establishment Clause violations in replicating its ACE program and advised the university in its investigation following a fatal videography lift collapse during football practice.

Lee previously served as an adjunct professor at the University of Pittsburgh School of Law, teaching a class on the First Amendment.

Experience

  • Chevron wins dismissal of public nuisance claims based on alleged product liabilityJones Day client Chevron Corporation secured dismissal of all public nuisance claims asserted in the pending multidistrict litigation addressing purported liability for sales of the pesticide paraquat.
  • U.S. Steel wins complete victory in steel tariff unfair competition caseJones Day client United States Steel Corporation won a complete victory in a high-stakes litigation alleging damages from U.S. Steel’s participation in the Department of Commerce’s 232 tariff proceedings.
  • Sherwin-Williams obtains favorable decision from Seventh Circuit in personal injury casesA Jones Day cross-office, cross-practice team obtained a precedential decision from the Seventh Circuit that directed judgment as a matter of law for The Sherwin-Williams Company following a consolidated trial of three personal injury plaintiffs claiming injury from their exposure to white lead carbonate pigments (WLC).
  • UPMC prevails in trial before Commonwealth Court of PennsylvaniaJones Day won a bench trial on behalf of the University of Pittsburgh Medical Center ("UPMC"), one of the nation's preeminent integrated healthcare systems.
  • UPMC obtains federal officer removal in putative digital data privacy class actionOn behalf of a University of Pittsburgh Medical Center (UPMC), Jones Day removed a digital privacy case to federal court, asserting two separate bases for federal jurisdiction.
  • Natural gas producer defends against environmental criminal charges filed by Pennsylvania Attorney GeneralJones Day represented a Marcellus Shale operator in obtaining resolution of misdemeanor environmental criminal charges following a grand jury investigation.
  • Penn State defends COVID-19 tuition refund class actionsJones Day represents The Pennsylvania State University in three class action lawsuits brought by students and parents seeking refunds for tuition and fees for the spring 2020 semester after the university closed its campus and transitioned to online classes due to the COVID-19 pandemic.
  • Sherwin-Williams obtains affirmance of summary judgment in Lewis class actionOn May 21, 2020, Jones Day obtained a decision from the Illinois Supreme Court reversing the appellate court and affirming the grant of summary judgment in favor of The Sherwin-Williams Company (and several other former white lead pigment manufacturers) in a lawsuit pending in the Circuit Court of Cook County, Illinois.
  • U.S. Steel defeats trespass litigation relating to Minnesota iron mining operationsJones Day successfully defended United States Steel Corporation against a lawsuit brought by a mineral rights owner alleging trespass and nuisance claims relating to U.S. Steel's mining operations along the Iron Range in northern Minnesota.
  • IBM defends software services agreement lawsuit brought by Pennsylvania Dep’t of Labor & IndustryIn a lawsuit brought by the Pennsylvania Department of Labor & Industry, Jones Day is defending International Business Machines Corporation (IBM) against breach-of-contract and other claims premised on allegations that IBM failed to deliver a computer system that would aid the administration of both the tax assessment and benefit payment sides of Pennsylvania's unemployment compensation system.
  • Sherwin-Williams defends lead paint actions brought by California cities and countiesJones Day is defending The Sherwin-Williams Company against claims brought by ten of California's largest cities and counties.
  • UPMC successfully navigates high-profile disputes with HighmarkJones Day has represented UPMC (University of Pittsburgh Medical Center) in several multi-disciplinary, multi-jurisdictional engagements involving UPMC's decision to not renew its in-network contracts with Highmark Inc. ("Highmark"), the Blue Cross/Blue Shield Association's licensee in Western Pennsylvania.
  • UPMC awarded summary judgment against Highmark in claims concerning federal sequestration cutsJones Day client University of Pennsylvania Medical Center (UPMC) prevailed on claims that health insurer Highmark Inc. breached contracts with UPMC for the provision of health care services to subscribers of Highmark's Medicare Advantage plans.
  • Eaton wins Sixth Circuit appealJones Day represents Eaton Corporation affiliate Cooper Industries, LLC in a claim for insurance coverage for CERCLA liabilities of a predecessor entity arising from the Lower Passaic Rivers Study Area in Essex County New Jersey.
  • Universities defend multidistrict putative class action litigation brought by former football playersJones Day is serving as lead counsel for all NCAA member institution defendants in a multidistrict litigation ("MDL") consolidating more than 500 putative class actions brought on behalf of former football players.
  • UPMC arbitrates rate increase and resolves dispute over continuity of care servicesJones Day represented the University of Pittsburgh Medical Center (UPMC) in two last-best-offer, baseball-style arbitrations with Blue Cross Blue Shield health insurer Highmark Inc.
  • UPMC defends lawsuit seeking to recoup $300 million in oncology reimbursement paymentsJones Day is defending the University of Pittsburgh Medical Center (UPMC) against a lawsuit filed by Blue Cross Blue Shield insurer Highmark Inc. in September 2014 against UPMC and its subsidiary hospitals seeking to recoup $300 million in past oncology reimbursements.
  • UPMC resolves consumer class action alleging conspiracy to foreclose competitionJones Day defended the University of Pittsburgh Medical Center (UPMC) against an antitrust consumer class action in which plaintiffs assert that UPMC and Highmark Inc. conspired to foreclose competition.
  • PennEnergy successfully defends against landowner challenge to conditional use permit for natural gas operationsJones Day represented PennEnergy Resources, LLC (PennEnergy) in a land use appeal brought by a township resident, who argued that the Board of Supervisors of New Sewickley Township erred in granting a conditional use permit to allow for the development of a natural gas compressor facility in an agricultural zoning district.
  • UPMC awarded over $188 million in arbitration with Highmark over rates for outpatient oncology servicesJones Day client University of Pittsburgh Medical Center ("UPMC") won over $188 million in arbitration against health insurer Highmark Inc.
  • EQT wins appeal over deal proceedsJones Day client EQT Production Company successfully appealed the denial of preliminary injunctive relief.
  • International Development Corporation obtains dismissal of "title washing" challenge to its mineral rightsJones Day represented International Development Corporation (IDC) against a challenge from the heirs of prior owners of oil and gas rights in northeastern Pennsylvania.
  • PennEnergy obtains dismissal of constitutional and substantive validity challenges in oil and gas zoning disputeJones Day represented PennEnergy Resources, LLC ("PennEnergy") before a township zoning hearing board against a challenge by a township resident seeking to ban oil and gas activities in agricultural areas of the township on constitutional grounds in the wake of the December 2013 Pennsylvania Supreme Court decision in Robinson Township v. Commonwealth.
  • Exploration and production company disputes design and construction of gas gathering and processing facilitiesJones Day is representing an exploration and production company in a contract dispute with a midstream company regarding the design, engineering, and construction of gas gathering and processing facilities servicing certain wells in Ohio and West Virginia, as well as the design, engineering, and potential future construction of a pipeline.
  • UPMC prevails before the Pennsylvania Supreme CourtFollowing a decision from the Pennsylvania Commonwealth Court, Jones Day led an expedited appeal to the Pennsylvania Supreme Court that resulted in a complete victory for the University of Pittsburgh Medical Center ("UPMC"), one of the nation's preeminent integrated healthcare systems.
  • Real estate brokerage company engages Jones Day for strategic counsel and advice relating to purchase and sale of Oil and Gas leasehold acreageJones Day is representing real estate brokerage company with ongoing strategic counsel and advice regarding the purchase and sale of West Virginia acreage prospective for Marcellus Shale production.
  • Beazer East obtains Third Circuit dismissal of claims brought by Pennsylvania DEP relating to cleanup of Boldan LandfillJones Day represented Beazer East, Inc. in district court and appellate litigation involving claims brought by the Pennsylvania Department of Environmental Protection ("DEP") against Beazer and other entities identified as potentially responsible parties to recover costs associated with the cleanup of the Boldan Landfill site in Penn Township, Pennsylvania.
  • UPMC resolves two antitrust lawsuitsJones Day client the University of Pittsburgh Medical Center (UPMC) resolved two antitrust lawsuits after it moved to enforce a 2012 global settlement agreement that had been negotiated by Pennsylvania Governor Tom Corbett.
  • Texas Keystone prevails against claim brought by Excalibur VenturesJones Day successfully defended Texas Keystone Inc., a U.S. oil and gas company based in Pittsburgh, Pennsylvania, against Excalibur Ventures' $1.6 billion claim for an interest in various petroleum fields in Iraqi Kurdistan.
  • UPMC files lawsuit against Highmark alleging violation of section 43(a) of Lanham ActOn August 5, 2013, Jones Day filed a lawsuit in the United States District Court for the Western District of Pennsylvania on behalf of the University of Pittsburgh Medical Center (UPMC) against Highmark Inc. alleging claims for false advertising in violation of section 43(a) of the Lanham Act and unfair competition under Pennsylvania law.
  • UPMC obtains dismissal of Lanham Act claimsJones Day represented the University of Pittsburgh Medical Center ("UPMC") and eight of its subsidiary hospitals against allegations of false advertising, breach of contract, and tortious interference with contractual relations brought by insurer Highmark Inc. in connection with UPMC's "Keep Your Doctor" advertising campaign.
  • LabCorp subsidiary obtains Connecticut Supreme Court reversal of $10 million judgment in employee speech-rights caseJones Day represented Laboratory Corporation of America ("LabCorp") and its subsidiary Dianon Systems, Inc. ("Dianon") in this appeal to the Connecticut Supreme Court involving free speech in the workplace.
  • Pittsburgh Post Gazette wins open records appealJones Day successfully defended The Pittsburgh Post Gazette (“Post Gazette”) and one of its reporters in an open records appeal.
  • Seller of Marcellus Shale gas rights disputes $60 million contractJones Day is currently representing a land company as the seller of Marcellus Shale gas rights.
  • PLAC files amicus brief addressing whether Federal Motor Vehicle Standard 208 preempted state common law product liability claimOn behalf of the Product Liability Advisory Council (PLAC), Jones Day prepared and submitted an amicus brief to the United States Supreme Court to address whether Federal Motor Vehicle Standard 208 preempted state common law product liability claim.
  • Education Management Corporation defends federal and state False Claims Act allegationsJones Day is defending Education Management Company (EDMC) against a False Claims Act action brought by private relators and joined by the federal government, several states and the District of Columbia.
  • Vaquería Tres Monjitas successfully opposes Supreme Court review of regulatory taking caseJones Day was retained by Vaquería Tres Monjitas to oppose a petition for certiorari in the U.S. Supreme Court filed on behalf of government officials and supported by twenty-six States.
  • Manufacturer of mining products obtains pretrial dismissals in four nationwide fatal injury casesIn the last year, Jones Day’s Pittsburgh Office has secured pretrial dismissals in four fatal-injury cases filed against a client, a global manufacturer of underground mining products
  • University of Notre Dame investigates death of student videographerJones Day served as counsel to the University of Notre Dame in connection with an investigation into the death of a student videographer at Notre Dame football practice.
  • LabCorp prevails in Tenth Circuit appeal rejecting Metabolite damages claims following patent disputeOn February 2, 2011, the United States Court of Appeals for the Tenth Circuit affirmed a grant of summary judgment in favor of Jones Day client Laboratory Corporation of America Holdings ("LabCorp"), rejecting claims by Metabolite Laboratories, Inc. ("Metabolite") for post-judgment damages following the 2001 verdict in a patent dispute between the parties.
  • Texas Keystone and Falcon Partners win dismissal in Marcellus Shale contract disputeJones Day successfully obtained the dismissal of breach of contract claims lodged against Texas Keystone, Inc., a natural gas production company, and Falcon Partners, an entity that owned affiliated Marcellus Shale leasehold interests.
  • PLAC files amicus brief addressing whether FMVSS 208 preempts state tort lawsuit claiming that bus should have had seat beltsOn behalf of the Product Liability Advisory Council (PLAC), Jones Day submitted an amicus brief to the New York Court of Appeals arguing that FMVSS 208 preempted a state common law claim alleging that a commercial motorcoach designed without passenger seat belts was defective.
  • Worthington Mid-Rise Construction engages in mediation and arbitration with general contractor over construction of new mid-rise condominium complexJones Day represented Worthington Mid-Rise Construction, Inc., a subsidiary of Worthington Industries, as a light gauge structural framing subcontractor in a AAA mediation related to the construction of a mid-rise condominium complex in Seattle, Washington.
  • Alderwoods prevails in trial case of alleged employment retaliationJones Day represented Alderwoods Group, Inc. in an alleged employment retaliation case.
  • LabCorp obtains favorable Federal Circuit ruling in jurisdictional disputeOn March 11, 2010, the U.S. Court of Appeals for the Federal Circuit agreed with the arguments of Jones Day’s client Laboratory Corporation of American Holdings (doing business as LabCorp), and held that it did not have jurisdiction over the appeal of a state law contract dispute over know-how royalties brought pursuant to the district court’s diversity jurisdiction.
  • Unanimous appeals court reverses dismissal of client's complaint for failure to exhaustOn December 13, 2010, a unanimous panel of the United States Court of Appeals for the Eleventh Circuit ruled that pro bono client Joseph Chester Parzyck may pursue his Section 1983 claims against his former prison health officer, Dr. Daniel Cherry, arising out of continued denial of appropriate medical care.
  • Jones Day files amicus brief urging the Supreme Court to clarify the constitutionality of "viewpoint discrimination" under the First AmendmentOn behalf of the Indian River School District in Delaware, Jones Day prepared and submitted an amicus curiae brief to the United States Supreme Court seeking clarification of the competing First Amendment principles that are at stake when protected speech is prohibited from public schools.
  • Alderwoods wins summary judgment in employment discrimination lawsuitOn September 21, 2009, Jones Day achieved a significant win for Alderwoods Group Inc. in a complex employment discrimination lawsuit in which plaintiffs, former funeral home employees, asserted they were subject to various forms of illegal discrimination and retaliation in violation of the Title VII of the Civil Rights Act of 1964 and the Equal Pay Act.
  • Third Circuit vacates dismissal of challenges to inmate garnishmentJones Day Pittsburgh successfully briefed and argued to the Third Circuit the Due Process standards by which prisons will be permitted to garnish accounts of inmates.
  • U.S. Chamber of Commerce files amicus brief arguing that the plaintiff cannot constitutionally retain outside counsel on a contingency fee basis to recover public fundsJones Day submitted an amicus brief to the Pennsylvania Supreme Court on behalf of the Chamber of Commerce of the United States of America to contend that it is a violation of the constitutional right to due process and sound judicial policy for the Commonwealth of Pennsylvania to retain outside counsel on a contingency fee basis to sue product manufacturers in order to recover public funds spent to cover the cost of off-label use of prescription drugs.
  • United States Supreme Court hears argument regarding practical effects of denying third-party, non-signatories the right to invoke arbitration provisionsThe United States Supreme Court decided Arthur Anderson v. Carlisle, No. 08-146 on May 4, 2009, in which Jones Day represented pro bono one of the two amici who appeared in the matter, the Washington Legal Foundation.
  • University of Notre Dame successfully appeals case involving taxpayer standing and alleged Establishment Clause violationsJones Day provided successful appellate representation before the Seventh Circuit and U.S. Supreme Court on behalf of the University of Notre Dame regarding taxpayer standing and alleged Establishment Clause violations.
  • The Product Liability Advisory Council prepares amicus brief regarding scope of arranger liability under CERCLAOn behalf of The Product Liability Advisory Council Inc., Jones Day drafted an amicus brief to the U.S. Supreme Court regarding the scope of arranger liability under CERCLA at both petition and merit stages.
  • Parker Hannifin wins Ninth Circuit dismissal of wrongful death claims involving single-engine plane crashWrongful death claims were filed against Jones Day client, Parker Hannifin Corporation, and others resulting from the crash of a single-engine Beech Bonanza that claimed the lives of the pilot, his wife, and two minor children.
  • KidsVoice, an organization that protects children's rights, receives appellate help in juvenile courtJones Day Pittsburgh represented KidsVoice, an organization that protects children's rights and guides them through the court process, in its appeal of a juvenile-court decision that would have allowed the detention in secure lockup facilities of juveniles who are not delinquent.
  • EDS resolves consolidated securities fraud action and ERISA class actionJones Day represented Electronic Data Systems Corporation and certain of its current and former officers and directors in a consolidated securities fraud action arising out of EDS' disclosure in September 2002 that its earnings would be lower than anticipated.
  • OMB Watch prepares amicus brief addressing constitutional intent requirements of cause of action for aiding acts of intentional terrorismOn behalf of OMB Watch a humanitarian aid organizations, Jones Day prepared an amicus brief regarding the constitutional intent requirements under civil statutes providing for a cause of action for aiding acts of intentional terrorism.
  • Sherwin-Williams prevails in landmark public nuisance suit over lead pigment before Rhode Island Supreme CourtThe Rhode Island Supreme Court overturned a jury verdict against Jones Day client, The Sherwin-Williams Company, and other former lead pigment manufacturers, stating that the trial court should have dismissed the public nuisance claim at the outset.
  • SCI and others defend against complaint alleging violations of unpaid overtimeJones Day represented employer in this nationwide collection action filed in the U.S. District Court for the Northern District of California on behalf of individuals who filed untimely consent forms to opt into the Prise v. Alderwoods FLSA case in the Western District of Pennsylvania.
  • Sherwin-Williams wins preliminary injunction decision in first case invalidating contingency fee agreement on due process groundsThe Court of Common Pleas (Lucas County, Ohio) dismissed the City of Toledo's lawsuit against a group of former manufacturers of lead pigment and lead paint, including Jones Day client, The Sherwin Williams Company.
  • Federated petitions U.S. Supreme Court alleging violations of the Takings and Public Use ClausesJones Day drafted a petition for writ of certiorari alleging violations of the Takings and Public Use Clauses on behalf of department store tenants whose contractual rights were selectively taken by the government.
  • Orbit defends against breach of contract litigation involving New Jersey land developmentJones Day represents Orbit Newark Development LLC ("Orbit") in an action for rescission of certain land in Newark, NJ sold by the New Newark Foundation ("NNF") to Orbit under a Contract of Sale.
  • U.S. Steel successfully resolves toxic tort suit involving alleged exposure to benzene and light oil from coke batteriesPlaintiff Mark Lindsley sued Jones Day client, United States Steel Corporation, in its individual capacity and as the general partner of Clairton 1314B Partnership, L.P., along with five other defendants.
  • Jennmar defends against state negligence litigationJones Day provided representation to Jennmar of Kentucky Corporation in connection with a state negligence case, handling all aspects of the case.
  • Roger Entress obtains jury verdictJones Day handled a successful jury trial representation in which the client, Roger Entress, received a jury verdict over twice the last written settlement offer of the defendants.
  • Dietrich Building Systems prevails in breach of contract arbitrationJones Day represented Dietrich Building Systems in a successful AAA arbitration regarding breach of contract claims in which it received a defense verdict and was awarded reasonable attorneys' fees and costs in connection with the construction of a hotel.
    • View All

    March 2023

    ESG Litigation and Risks

    February 21, 2023 Firm Hosted

    ESG: The End, or Just the Beginning? The Future of ESG in Real Estate and Infrastructure

    December 2022 Alert

    FTC Requests Public Comment on Potential Green Guides Updates

    December 2022 White Paper

    ESG—Climate Change and Related Litigation Take Center Stage in Europe

    August 2022 Alert

    Final Rule Issued to Implement the No Surprises Act's Independent Dispute Resolution Process

    May 2022 Commentary

    Enforcing the Line Between Product Liability and Public Nuisance

    March 2022 Alert

    No Surprises Act Update: Rule Governing Dispute Resolution Process Set Aside

    May 2021 Alert

    U.S. Supreme Court Delivers Procedural Win to Corporate Defendants in Climate Change Litigation

    April 2021 Alert

    Second Circuit Affirms Dismissal of New York City's Climate Suit

    August 2020 Commentary

    Snap Removal After Texas Brine: Considerations for Forum Defendants in the Fifth Circuit
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    Speaking Engagements

    • June 7, 2018
      Perils and Pitfalls for German Companies in U.S. Litigation
    • September 29, 2017
      United States Supreme Court
    • November 29, 2016
      CLE Academy: Supreme Court Review
    • October 26, 2016
      Supreme Court Update: A Look at Significant Cases in the New Term
    • September 21, 2016
      Conducting Business in Europe through the Walloon Region in Belgium
    • December 17, 2015
      Success with Summary Judgment Motions: How To Win Before Trial
    • December 1, 2015
      CLE Academy: Supreme Court Review
    • October 15, 2015
      2015 Regional Energy Conference: Navigating Turbulences in Global Oil & Gas Markets
    • July 8, 2015
      U.S. Litigation for Japanese Companies: How to Win at Trial and on Appeal
    • November 5, 2014
      Moderator, American Lawyer's New Partner Forum
    • October 23, 2014
      Speaker Series: Review and Preview of Business Cases at the Supreme Court
    • July 25, 2014
      Jones Day Regional Energy Conference, International Implications of the Marcellus and Utica Shale
    • June 28, 2014
      Supreme Court Wrap-Up, Glen Meakem Radio Show
    • December 18, 2013
      Success with Summary Judgment Motions
    • November 4-5, 2013
      What General Counsel Look For In Outside Counsel, moderator, American Lawyer's New Partner Forum
    • June 22, 2013
      Supreme Court Wrap-Up. Glen Meakem Radio Show
    • April 2, 2013
      Remembering Justice Marshall
    • November 29, 2012
      The Development of the Marcellus and Utica Shale Plays: Reality or Illusion?
    • October 18, 2012
      2012 Speaker Series
      Supreme Court Update: A Look at Significant Cases in the New Term
    • October 3-5, 2012
      NITA Motion Practice Program, faculty
    • April 19, 2012
      Qui Tam Litigation: When Private Parties Pursue Claims for the Government
    • April 12, 2012
      The Establishment and Free Exercise Clauses, Christian Legal Society Lecture Series
    • December 15, 2011
      2011 Speaker Series
      Constitutional Limitations to Economic Regulation and Litigation
    • October 6, 2011
      2011 Speaker Series
      Supreme Court Issues: A Review of Key Cases as the Court Kicks Off the New Term
    • February 2-4, 2011
      NITA Deposition Techniques, faculty
    • November 16, 2010
      Panel discussion regarding legacy of Chief Justice William Rehnquist
    • May 19, 2010
      NITA Motions Practice, Faculty: Introduction to Legal Writing
    • March 5, 2010
      The Attorney-Client Privilege and Work Product Doctrine in Pennsylvania and Beyond
    • October 21, 2009
      Supreme Court Review/ Preview
    • July 14, 2009
      Supreme Court Roundup
    • March 10, 2009
      NITA Motions Practice, Faculty: Introduction to Legal Writing
    • November 3, 2008
      Interview regarding effect of election on Supreme Court nominations, The John Brown Mindset, KTRS-AM
    • October 28, 2008
      Interview regarding impact of next president on federal courts, Max Stevens Show, WGET
    • October 28, 2008
      Interview regarding effect of election on Supreme Court nominations, Bud Hedinger Live Show, WFLA
    • October 21, 2008
      Debate against Professor Douglas W. Kmiec on the 2008 Election and Judicial Nominees, Allegheny HYP Club

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