BethHeifetz

Practice Leader Issues & Appeals

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Beth Heifetz, who heads Jones Day’s Issues & Appeals Practice, litigates complex cases in federal and state appellate courts, including the U.S. Supreme Court, and trial courts across the country. With more than 30 years of argument and briefing experience, Beth has successfully represented clients in significant constitutional, tax, antitrust, securities, insurance, and bankruptcy matters. Beth has represented clients in the U.S. Supreme Court on issues including the First Amendment, federal constitutional challenges to state taxes, predatory behavior in the antitrust context, and state regulation of federally chartered banks. She has led successful international arbitration teams in commercial disputes, and trial teams in federal district courts.

Other recent experience includes representing holders of Puerto Rico issued bonds, as well as hospitals and hospital associations in major antitrust litigations. Beth also represented creditors committees in professional negligence litigation in the U.S. Courts of Appeals and in state courts, and represented government contractors in bankruptcy and False Claims Act litigation.

Beth previously co-chaired the Appellate Practice Committee and the Pro Bono Committee of the American Bar Association Litigation Section. By Presidential appointment, Beth served on the Council of the United States Holocaust Memorial Museum (2013-2016).

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Experience

  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • American Hospital Association files brief amicus curiae urging Sixth Circuit to consider the changing landscape of health care when evaluating the competitive effects of hospital mergersJones Day filed a brief amicus curiae for the American Hospital Association arguing that hospital mergers often foster, rather than diminish, competition, and in many cases are necessary for hospitals to deliver care effectively in a rapidly changing market.
  • Former judges and law enforcement officials submit amicus curiae brief in U.S. Supreme Court challenging constitutionality of Florida's standard for measuring intellectual disability in capital casesOn behalf of 44 former judges and law enforcement officials, Jones Day filed an amicus curiae brief in the U.S. Supreme Court challenging the constitutionality of Florida's standard for determining intellectual disability in capital cases.
  • Eighth Circuit adopts Jones Day's argument that Government may not pursue unrestricted garnishment of long-term disability paymentsThe Eighth Circuit appointed Jones Day to file a supplemental brief on behalf of pro se defendant-appellant Joyce Ashcraft in this case involving an issue of first impression.
  • Court-appointed amica curiae files reply brief in U.S. Supreme Court addressing jurisdiction over challenge to Defense of Marriage Act (DOMA)Jones Day acted as co-counsel to Harvard Law School Professor Vicki Jackson, who was appointed by the Supreme Court to address the Court's jurisdiction over a pending constitutional challenge to the Defense of Marriage Act (DOMA), and filed her reply brief on March 20, 2013.
  • American and Georgia Hospital Associations file U.S. Supreme Court  amicus brief in important antitrust case addressing hospital mergersOn behalf of the American Hospital Association and the Georgia Hospital Association, Jones Day filed an amicus brief in the Supreme Court of the United States asking the Court to affirm an Eleventh Circuit decision that found a hospital merger involving a local hospital authority was not subject to the federal antitrust laws under the "state-action doctrine."
  • Lee Memorial Health System files amicus brief in U.S. Supreme Court addressing local hospital merger being subject to federal antitrust lawsOn behalf of the Lee Memorial Health System, Jones Day filed an amicus brief in the Supreme Court of the United States asking the Court to affirm an Eleventh Circuit decision that found a hospital merger involving a local hospital authority was not subject to the federal antitrust laws under the "state-action doctrine."
  • Text and Academic Authors Association files U.S. Supreme Court amicus brief in case concerning gray-market sales of copyrighted worksJones Day prepared an amicus brief on behalf of the Text and Academic Authors Association, urging the Supreme Court to hold that the Copyright Act prohibits copyrighted works from being purchased abroad and then imported into the United States and resold without the copyright owner's consent.
  • Old Carco LLC (formerly, Chrysler LLC) prevails in Second Circuit appeal by former dealers that attempted to deploy franchise laws to undo bankruptcy judge's ordersJones Day represented Old Carco (formerly, Chrysler LLC) in an historic bankruptcy proceeding that, through asset sale to Chrysler Group LLC, aimed to prevent the destruction of one of the "Big Three" U.S. automakers and an iconic American brand.
  • POMA filed brief amici curiae arguing federal statute involving depiction of animal cruelty was overbroad and unconstitutional under First AmendmentJones Day filed a brief amici curiae for Professional Outdoor Media Association (POMA), American Society of Media Photographers, North American Nature Photography Association, Pennsylvania Outdoor Writers Association, Southeastern Outdoor Press Association, and Texas Outdoor Writers Association advocating that 18 U.S.C. § 48 was overbroad and thus unconstitutional.
  • AHERF Creditors' Committee successfully appeals award of summary judgment in favor of auditor and limits availability of in pari delicto defense in audit-failure casesJones Day represents the Official Committee of Unsecured Creditors of Allegheny Health, Education and Research Foundation ("AHERF"), formerly the largest integrated healthcare delivery system in Pennsylvania, in a suit against AHERF's auditor.
  • Council on State Taxation files brief amicus curiae challenging whether the doctrine of comity precludes certain state tax disputes from proceeding in federal courtJones Day filed a brief amicus curiae for the Council on State Taxation in a challenge to the decision of whether the doctrine of comity precludes certain state tax disputes from proceeding in federal court.
  • Experian wins appeal of California antitrust action filed by consumer credit report resellersJones Day led the defense of Experian Information Solutions, Inc. against antitrust cases filed in March 2004 in federal court and state court in California by resellers of consumer credit reports on behalf of a class of resellers (the federal case) and by a trade association of resellers (the state case).
  • Economists file brief amici curiae arguing proper standard for determining when price increases for supplies constitutes predatory buyingJones Day filed a brief amici curiae on behalf of economists who teach at leading American universities in a case that decided the proper standard for determining when an increase in the price paid for supplies or an increase in the amount of supplies purchased by a single firm, acting independently, constitutes predatory buying in violation of antitrust laws.
  • Onyx prevails in ICC arbitrations claiming breach of representations and warranties for waste facility purchased in MexicoJones Day represented Onyx S.A., a French subsidiary of Veolia Environnement involved in international waste management, with regard to a dispute that arose after it acquired a hazardous waste landfill in Mexico in 2000.
  • National City filed brief amicus curiae on exclusive permission to regulate certain federally-chartered mortgage companiesJones Day filed a brief amicus curiae on behalf of National City Bank in a case that held that the Office of the Comptroller of the Currency is permitted exclusively to regulate mortgage companies that operate as subsidiaries of federally-chartered banks.
  • Albertson's wins dismissal of malicious prosecution action filed by the UFCW InternationalJones Day represented Albertson's, Inc. and successfully moved to dismiss a malicious prosecution action filed by the UFCW International against Albertson's pursuant to Section 301 of the Labor Management Relations Act.
  • Prisoner successfully appeals to reinstate Section 1983 retaliation claimJones Day obtained reinstatement of a pro se prisoner's Section 1983 retaliation claim in an appeal before the Third Circuit.
  • Class of out-of-state fishermen mount constitutional challenge to Alaska’s discriminatory fee structure for fishing licensesJones Day represented, as appellate counsel, a class of out-of-state fishermen who successfully challenged Alaska’s fishing license pricing scheme, which charges out-of-state fishermen many times more for the privilege of pursuing their trade in Alaska’s waters, as a violation of the Privileges and Immunities Clause of the U.S.
  • Simon Property Group prevails in appeal from award for alleged breach of an employment agreementAfter a federal judge in Illinois ruled that Simon Property Group had breached its employment contract with a former employee, and awarded the plaintiff $537,634.41 in damages, representing the judge's estimated value of a promised "equity interest" in an ultimately failed corporate spin-off, Jones Day represented Simon Property Group in an appeal to the U.S. Court of Appeals for the Seventh Circuit.
  • Additional Publications

    • November/December 2012
      The Benefits of Mergers: Hospital Mergers Can Increase Competition Through Access to Capital and Economies of Scale, Trustee Magazine
    • October 29, 2012
      Sidebar Brief: Copyrighted Goods Need a Middle Ground for Enforcement, Jurist
    • September 25, 2012
      The Pro-Competitive Benefits of Hospital Mergers, H&HN Daily
    • 1998
      The Supreme Court and State Taxation: 1996-97, and a Glimpse of the Future to Come, 3 State & Local Tax Lawyer 119 (1998)

    Speaking Engagements

    • January 16, 2014
      The Puerto Rico Debt Crisis: Navigating Unchartered Territory
    • October 24, 2012
      Issues & Appeals - Supreme Court Review
    • October 2010
      Panel on In Pari Delicto, ABA Business Bankruptcy Fall Meeting
    • March 22, 2010
      COST, BNA and Jones Day Host Commerce Energy Post-Oral Argument Roundtable Discussion
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