Erica L.Reilley

Partner

Los Angeles + 1.213.243.2394

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Erica Reilley is Jones Day's leading Issues & Appeals partner in Southern California and one of the Daily Journal's "Top Women Lawyers" in appellate law. She successfully protects clients' trial court victories and reverses their trial court defeats across diverse industries and issues.

Erica has secured landmark appellate decisions in constitutional law (Courthouse News Service v. Planet, 947 F.3d 581 (9th Cir. 2020); Sturgeon v. County of Los Angeles, 242 Cal. App. 4th 1437 (2015)); tax law (In re Transient Occupancy Tax Cases, 2 Cal. 5th 131 (2016)); securities law (Busse v. United PanAm Financial, 222 Cal. App. 4th 1028 (2014)); and election law (Owens v. County of Los Angeles, 220 Cal. App. 4th 107 (2013)).

Erica's honed aptitude for complex legal analysis that she reduces into clear and compelling written advocacy makes her a highly trusted advisor and strategist at all levels of litigation. Erica recently has led trial and appellate litigation on behalf of California's largest health care providers, including providers seeking to secure reasonable reimbursement for their services.

Erica's commitment to public service is reflected by her leadership within Jones Day's Constitutional Policing and Justice Reform initiative, her regular supervision over pro bono federal court appeals, and her frequent partnership with the Family Violence Appellate Project.

Erica has been an adjunct professor at USC Gould and Loyola Law School. She is an appointed member of LACBA's State Appellate Judicial Evaluations Committee and a voting member of the National Native American Bar Association.

Experience

  • California Stem Cell obtains complete defense ruling in FDA enforcement actionJones Day obtained a full defense ruling in an FDA enforcement action, defeating the FDA's efforts to obtain an injunction to prohibit our client's surgical procedure.
  • ICANN obtains favorable judgment in lawsuit brought by DotConnectAfricaJones Day successfully defended ICANN (INTERNET CORP. FOR ASSIGNED NAMES & NUMBERS) against a lawsuit filed by DotConnectAfrica Trust (DCA) after ICANN denied its application for the top-level domain name ".AFRICA" for failure to demonstrate the necessary level of government endorsements.
  • LAUSD secures trial victory in Los Angeles Superior Court against its insurersJones Day represents Los Angeles Unified School District ("LAUSD") in seeking insurance coverage from multiple insurers in connection with highly-publicized claims against LAUSD that it negligently hired, retained, and supervised a former teacher at Miramonte Elementary School, who allegedly abused students, and for which the School District paid more than $180 million to settle claims.
  • Pro bono client seeks asylum in Ninth Circuit appealJones Day represented an asylum seeker in the Court of Appeals for the Ninth Circuit.
  • Qualcomm defeats series of appellate writs by Apple in trade secret litigationJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. at the California Court of Appeal's Fourth District in opposing a series of three petitions for writ of mandate or prohibition brought by Apple Inc.
  • Qualcomm pursues trade secret and contract claims asserting Apple's misuse of Qualcomm's trade secret software and source codeJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. in a lawsuit asserting trade secret misappropriation and breach of contract claims against Apple Inc.
  • Expedia, Hotels.com, and Hotwire prevail before Hawaii Supreme Court resulting in tax refund in excess of $130 millionJones Day secured a tax refund in excess of $130 million for clients Expedia, Inc., Hotels.com, L.P. and Hotwire, Inc. by prevailing in the Hawaii Supreme Court on the issue of whether online travel companies are liable for Hawaii's transient accommodations tax ("TAT") and general excise tax ("GET").
  • GreatCall wins affirmance of IP defense verdict in trade secret and patent telecom disputeJones Day won in binding arbitration and on appeal for GreatCall, Inc. in IP litigation brought by the company's founders.
  • Los Angeles County defeats third constitutional challenge to judicial benefitsJones Day represented Los Angeles County ("County") in a closely watched case challenging the constitutionality of the County's payment of so-called "local judicial benefits" to Los Angeles Superior Court judges.
  • Current and former outside directors of American Apparel defend violation of Section 14(a) allegationsJones Day represented the current and former outside directors of American Apparel in allegations that American Apparel's proxy statement was materially misleading, in violation of Section 14(a) of the Securities Exchange Act of 1934 and Delaware law, because it failed to disclose that the company's founder and chief executive officer would be removed from those roles by the board of directors following the annual meeting.
  • LA Metro wins appeal establishing that contractor violated California False Claim Act on subway tunnel construction projectJones Day client Los Angeles County Metropolitan Transportation successfully obtained affirmation of a jury verdict finding that a contractor had violated the California False Claim Act ("FCA") in connection with a change order on a subway construction project.
  • California Court of Appeal Justice prevails in landmark appeal confirming judges' and justices' right to accept public employment immediately after leaving the benchOn June 27, 2014, the California Court of Appeal, Fourth Appellate District, Division Three, unanimously ruled in favor of Jones Day client and Presiding Justice of California's Second Appellate District, Arthur Gilbert, finding the California Constitution does not ban judges or justices from accepting public employment after they leave the bench.
  • Pro bono client prevails in parentage rights caseOn March 11, the California Court of Appeal reversed a trial court order denying the petition of Jones Day pro bono Client KH seeking to establish her legal parentage of an eight-year-old little girl who our client had raised since the child's birth.
  • United PanAm Financial defends minority shareholders' "bump-up" actionJones Day client United PanAm Financial Corp. ("UPFC") obtained dismissal of a minority shareholders' "bump-up" action seeking to challenge UPFC's public merger, based on the exclusivity of an appraisal remedy under California law.
  • Expedia prevails in overturning City of Los Angeles' $30 million transient occupancy tax assessmentInternet travel company Expedia, Inc. completed a clean sweep on April 18, 2013 when it prevailed against the City of Los Angeles in an administrative mandamus proceeding challenging a $30 million transient occupancy tax ("TOT") assessment against Expedia, Inc.; Hotels.com; and Hotwire LP (the "Expedia Entities").
  • Chinese medical device distributor pursues exclusive rights to distribute cardiac diagnostics in U.S. dispute and Chinese litigationJones Day represented a Chinese medical device distributor in a multi-jurisdictional dispute before the American Arbitration Associate (AAA) and Ninth Circuit Court of Appeal, and coordinated with Chinese counsel in a litigation in the Beijing Peoples' District Court, involving a dispute with a multinational medical device manufacturer and its Chinese subsidiary over the exclusive rights to distribute cardiac diagnostics products in China.
  • Expedia, Hotels.com, and Hotwire secure series of victories in connection with occupancy tax in CaliforniaJones Day secured a series of victories on behalf of online travel companies Expedia, Inc., Hotels.com, and Hotwire LP (the "Expedia Entities") in connection with their ongoing transient occupancy tax ("TOT") litigation with various cities in California.
  • Los Angeles County obtained favorable judgment in taxpayer class action challenging County's utility use taxJones Day successfully defended Los Angeles County against a potential $200 million loss in two related taxpayer class actions—Oronoz v. County of Los Angeles and Owens v. County of Los Angeles.
  • Los Angeles County prevails in taxpayer class action challenging County's utility user taxJones Day successfully defended Los Angeles County against a potential $200 million loss in two related taxpayer class actions—Oronoz v. County of Los Angeles and Owens v. County of Los Angeles.
  • Expedia obtains ruling overturning City of San Diego's transient occupancy tax assessmentOn September 6, 2011, Expedia, Inc.; Hotels.com; and Hotwire, Inc. won an important victory when the Los Angeles Superior Court overturned an administrative hearing officer ruling and held that the Expedia Entities were wrongfully assessed transient occupancy tax ("TOT") by the City of San Diego.
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    September 2011 External Publications

    Appellate Tips: Briefing - Style and Tone

    September 2008 Commentary

    The Foreign Corrupt Practices Act: Walking the Fine Line of Compliance in China

    Additional Publications

    • February 9, 2018
      Appealing a Tax Case: The Important Distinctions Between Trial & Appellate Strategies, ABA Tax Section Midyear Meeting

    Speaking Engagements

    • February 9, 2018
      Appealing a Tax Case: The Important Distinctions Between Trial & Appellate Strategies, ABA Tax Section Midyear Meeting
    • January 31, 2018
      Navigating the Attorney-Client Privilege Around the Globe, Jones Day MCLE University

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