Noel J.Francisco

Partner-in-Charge Washington

Washington + 1.202.879.5485

Noel Francisco served as the 47th Solicitor General of the United States, from 2017 to 2020. He has argued some of the most important cases the Supreme Court has heard in recent years on a wide array of issues.

For example, as Solicitor General, he argued Trump v. Hawaii, where he successfully defended the president's orders restricting travel from countries deemed to present security risks; Janus v. AFSCME, which upheld the First Amendment rights of public employees who decline to join labor unions; Kisor v. Wilkie, which adopted his argument that the "Auer deference doctrine" should be significantly curtailed but retained in its core applications; Apple Inc. v. Pepper, which addressed whether Apple's App Store customers had standing to sue the company for antitrust violations; Knick v. Township of Scott, which held that property owners could sue state and local governments in federal court to vindicate Fifth Amendment takings claims; and Seila Law LLC v. CFPB, which invalidated restrictions on the president's authority to remove the director of the Consumer Financial Protection Bureau.

He also spearheaded the government's general strategy to seek emergency relief in the appellate courts and the Supreme Court when lower courts issued nationwide injunctions against important government programs.

Noel's service as Solicitor General built on his previous tenure at the Firm, during which he argued McDonnell v. United States, which reversed the federal bribery conviction of the governor of Virginia; NLRB v. Noel Canning, which limited the president's constitutional recess appointments power; and Zubik v. Burwell, which challenged federal insurance coverage regulations that violated Catholic organizations' religious beliefs.

Experience

  • R.J. Reynolds obtains decision overturning FDA's attempt to impose preapproval requirements for many label changesOn behalf of R.J. Reynolds Tobacco Company and related entities, Jones Day and its co-counsel persuaded the court to invalidate the U.S. Food and Drug Administration's effort to impose preapproval requirements for many changes to labels and brand names for tobacco products.
  • Walker Whatley's petition for habeas relief from unconstitutionally vague state sentencing enhancement granted by Seventh CircuitThe U.S. Court of Appeals for the Seventh Circuit unanimously held that Jones Day's client Walker Whatley’s petition for habeas corpus should be granted because he was convicted and sentenced under an unconstitutionally vague state statute.
  • Former Virginia Governor Robert McDonnell's corruption convictions unanimously vacated by Supreme Court and DOJ later drops caseIn a decisive victory for Jones Day client and former Virginia Governor Robert F. McDonnell, the Supreme Court unanimously vacated Governor McDonnell's convictions for public corruption offenses, rejecting the Department of Justice's legal theory and holding that the instructions given to the jury were erroneously overbroad.
  • Reynolds American acquires Lorillard for $27.4 billionJones Day advised Reynolds American Inc. (NYSE: RAI) in its acquisition of Lorillard, Inc. for $27.4 billion and in the related $7.1 billion divestiture to an affiliate of Imperial Tobacco Group and $4.7 billion investment by British American Tobacco, RAI's largest shareholder.
  • Noel Canning victorious as U.S. Supreme Court unanimously rules to invalidate President Obama's 2012 recess appointments to NLRBIn a decisive victory for Jones Day client Noel Canning, the U.S. Supreme Court held that the President's three January 2012 recess appointments were unconstitutional under the Recess Appointments Clause.
  • Wasserstein & Co. acquires leading communications solutions provider Globecomm Systems for $340 millionJones Day advised Wasserstein & Co., LP in connection with its acquisition and related financing of Globecomm Systems, Inc. (NASDAQ: GCOM), a leading communications solutions provider, for $340 million.
  • Tokyo Electron attempts $29 billion merger of equals with Applied MaterialsJones Day represented Tokyo Electron Limited in its proposed $29 billion merger of equals with Applied Materials, Inc., which, if completed, would have created a global innovator in semiconductor and display manufacturing technology based in The Netherlands and dual listed on NASDAQ and the Tokyo Stock Exchange.
  • R.J. Reynolds successfully challenges constitutionality of graphic cigarette warning labelsOn August 24, 2012, the U.S. Court of Appeals for the D.C. Circuit affirmed a District Court ruling in favor of Jones Day client R.J. Reynolds Tobacco Company that the U.S. Food and Drug Administration's proposed graphic warning labels on cigarette packs are unconstitutional.
  • R.J. Reynolds successfully challenges tobacco advertising ban on First Amendment groundsOn March 31, 2012, the U.S. District Court for Massachusetts granted summary judgment to Jones Day client R.J. Reynolds Tobacco Company and other plaintiffs, striking down as unconstitutional an ordinance of Worcester, Massachusetts that prohibited outdoor advertising of tobacco products.
  • Air cargo carriers participate in FAA rulemaking governing pilot rest and dutyJones Day separately represented air cargo operators United Parcel Service (UPS) and Southern Air in rulemaking proceedings before the FAA in which it overhauled the rules governing commercial airline pilot scheduling.
  • Potash Corporation successfully defends historic $43.1 billion hostile takeover bidFollowing an arduous three-month battle, Jones Day's client, Potash Corporation of Saskatchewan, Inc., successfully repelled BHP Billiton's hostile $43.1 billion tender offer for all of PotashCorp's shares in November 2010.
  • Government contractor advised in investigations resulting in no charges or complaintJones Day represented a government contractor with respect to criminal and civil investigations by the United States Department of Justice, NASA, FBI, Air Force Office of Special Investigations, and the Defense Contract Management Agency (DCMA).
  • Chevron wins Ninth Circuit affirmance of jury verdict in highly publicized Nigerian human rights caseOn September 10, 2010, the United States Court of Appeals for the Ninth Circuit affirmed the jury verdict in favor of Jones Day client Chevron Corporation and two of its subsidiaries in a highly publicized Alien Tort Statute case.
  • Free Enterprise Institute wins challenge of constitutionality of Public Company Accounting Oversight BoardOn June 28, 2010, the United States Supreme Court invalidated a key provision of the Sarbanes-Oxley Act of 2002, ruling in favor of Jones Day clients Free Enterprise Fund and Beckstead and Watts, LLP.
  • MTC Technologies is acquired by BAE SystemsJones Day advised MTC Technologies, Inc. in its $450 million acquisition by BAE Systems, Inc.
  • Alon USA Energy acquires petroleum refinery from Valero Energy for $433 millionJones Day advised Alon USA Energy in its $433 million cash purchase of all the outstanding stock of Valero Refining Company-Louisiana from Valero Refining and Marketing Company, including Valero's 85,000 barrel-per-day refinery in Krotz Springs, Louisiana.
  • ArmorGroup acquired by G4SJones Day advised ArmorGroup International plc in its £43.6 million ($86.5 million) acquisition by G4S plc.
  • E.ON acquires Airtricity wind operations for $1.9 billionJones Day advised E.ON AG in its $1.9 billion acquisition of the North American operations of Irish wind farm operator Airtricity.
  • Verizon Wireless defends against consolidated putative class actions brought under the Fair and Accurate Credit Transactions ActJones Day obtained on behalf of Verizon Wireless vacatur of the district court's preliminary approval of a tentative classwide settlement and a judgment on the pleadings in consolidated putative class actions brought under the Fair and Accurate Credit Transactions Act (FACTA).
  • International Coal Group CEO prepares Senate testimony following Sago mine accidentJones Day advised the Chief Executive Officer of International Coal Group, Inc. (ICG) on Senate testimony in connection with a January 2006 accident at the Sago mine.
  • The following represents experience prior to joining Jones Day.

    Bush v. Gore, 531 U.S. 98 (2000) (per curiam)
    U.S. Supreme Court briefing in vote recount case arising out of the 2000 presidential election.

     

    Speaking Engagements

    • December 15, 2015
      Executive Roundtable Series - A Year-End Regulatory Roundup and Forecast
    • December 10, 2014
      Executive Roundtable Series: A Roundtable Series for Legal and Business Solutions
    • December 12, 2013
      Executive Roundtable Series - A Year-End Legislative Roundup and Forecast
    • October 24, 2013
      2013 Space & Satellite Regulatory Colloquium
    • April 9, 2013
      2013 Government Contractor Labor & Employment Discussion Group
    • February 7, 2013
      The Noel Canning Decision - The D.C. Circuit's Holding That the President's Recess Appointments to the NLRB were Constitutionally Defective: Legal, Policy and Practical Considerations Webinar
    • December 12, 2012
      Executive Roundtable Series
      A Year-End Legislative Roundup and Forecast
    • October 24, 2012
      Outbound Seminar "Managing Legal Risks in Global Expansion of Chinese Companies"
    • 2012年10月24日
      对外投资研讨会:中国公司全球扩展中的法律风险管理
    • December 7, 2011
      Executive Roundtable Series - Taking on the Government: Litigation Against the Executive and Legislative Branches
    • September 27, 2011
      A Review of the Supreme Court's 2010 Term and Preview of What's Coming Next
    • December 15, 2010
      Executive Roundtable Series: A Year-End Legislative Roundup and Forecast
    • July 15, 2010
      2010 Speaker Series: Perspectives on Federal Regulation
    • October 17, 2008
      High Courts Review: An Analysis of Recent Major Business Decisions and What to Expect Next
    • October 17, 2006
      Aerospace, Defense & Intelligence Companies: Maximizing the Value Through Mergers & Acquisitions
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