Yaakov M.Roth

Partner

Washington + 1.202.879.7658

Yaakov Roth's goal is to strategically develop and effectively present the key legal arguments that will secure victory for clients through appellate advocacy and dispositive motions. He has achieved success at all levels of the federal judiciary and in state courts. Yaakov has been named a D.C. Rising Star, a D.C. Trailblazer, and a Litigation Trailblazer by The National Law Journal; a "Next Generation" leader by The Legal 500; and a "Rising Star" in the appellate space by Law360.

Most recently, Yaakov won a unanimous victory in the Supreme Court, overturning convictions in the high-profile "Bridgegate" matter on a theory that he developed. His other Supreme Court experience includes vindicating former Virginia Governor Bob McDonnell from political corruption charges, narrowing the geographic scope of private civil RICO (racketeer influenced and corrupt organizations) lawsuits, and pursuing a major challenge to the Affordable Care Act from inception through high court review. At the appellate level, Yaakov's oral advocacy has included defending the rights of white collar criminal defendants, limiting unfair "withdrawal liability" assessments against employers, pressing a First Amendment challenge to an Ohio law prohibiting "false" campaign statements, and protecting the religious freedom rights of Death Row inmates. He has successfully defended clients against defamation, antitrust, Title VII, ERISA (Employee Retirement Income Security Act), and constitutional claims — including nationwide class actions — and pursued a host of challenges to federal, state, and local regulations.

Yaakov speaks and writes about the Supreme Court and First Amendment issues and maintains an active pro bono practice centered around religious freedom and criminal justice.

Experience

  • Employers prevail in first appellate challenge to "Segal Blend"In the first appellate decision to confront the legality of the "Segal Blend" actuarial methodology for calculating withdrawal liability, the U.S. Court of Appeals for the Sixth Circuit adopted the position that Jones Day urged on behalf of a coalition of employers as amici curiae, and held that the Blend is contrary to law.
  • Prisoner obtains significant victory in Sixth Circuit appealJones Day obtained a significant victory for pro bono client Walter Himmelreich in a Sixth Circuit appeal.
  • Arizona Republican Party obtains landmark U.S. Supreme Court decisionIn a landmark decision on July 1, 2021, the U.S. Supreme Court ruled 6-3 in favor of Jones Day’s client, the Arizona Republican Party, by upholding Arizona’s ban on ballot harvesting and its rule that in-person voters must cast ballots in their assigned precincts.
  • LowerMyBills wins appellate victory in arbitration caseJones Day secured a significant appellate victory in the Ninth Circuit for the Firm's client LowerMyBills ("LMB") Mortgage Services, Inc.
  • Employer preserves withdrawal liability victory as Supreme Court declines reviewOn October 5, 2020, the Supreme Court denied a petition for certiorari filed by the National Retirement Fund, which had sought review of Jones Day's victory in the Second Circuit on behalf of Metz Culinary Management, Inc.
  • Bridget Kelly obtains Supreme Court decision unanimously reversing "Bridgegate" convictionsIn a victory for Jones Day client Bridget Kelly, the Supreme Court unanimously reversed Ms. Kelly's convictions for federal property fraud, decisively rejecting the Department of Justice's legal theory.
  • C&S Wholesale Grocers obtains summary judgment win in withdrawal liability caseIn a case of first impression in the courts within the Second Circuit, Jones Day represented C&S Wholesale Grocers, Inc. in obtaining summary judgment against a $64 million withdrawal liability claim brought against it by the NY State Teamsters Pension Fund.
  • U.S. Chamber of Commerce files amicus brief in Anti-Injunction Act caseJones Day filed an amicus brief on behalf of the United States Chamber of Commerce in support of certiorari in a lawsuit challenging certain regulatory guidance by the Internal Revenue Service.
  • Directors of religious nonprofit defend breach of fiduciary duty claims and the First AmendmentJones Day is defending Dr. Hyun Jin Moon in D.C. Superior Court against claims he breached his fiduciary duty to a religious nonprofit corporation.
  • Orange County Cities obtain dismissal of putative class claims relating to response to homelessness epidemicOn behalf of the Cities of San Clemente, Aliso Viejo, and San Juan Capistrano, Jones Day successfully obtained dismissal of putative class claims raising novel legal challenges to the cities' response to the homelessness epidemic in Orange County, California.
  • Merck obtains unanimous Supreme Court ruling in Fosamax® product liability caseJones Day represented Merck Sharp & Dohme Corp. in its unanimous win before the Supreme Court in a product liability case involving Merck's prescription medicine Fosamax®.
  • Prisoner prevails in Sixth Circuit habeas appealThe U.S. Court of Appeals for the Sixth Circuit appointed Jones Day associate Alex Potapov to represent a Kentucky prisoner whose federal habeas corpus petition was dismissed on law-of-the-case grounds because similar claims were rejected in the separate, earlier federal habeas proceeding of his state court co-defendant.
  • Cable company wins favorable U.S. Supreme Court ruling denying plaintiff’s "sham litigation" appealThe U.S. Supreme Court on April 23, 2018, denied the request of a Puerto Rican telecommunications company to hear the appeal of its claims against Jones Day client San Juan Cable, a subsidiary of Liberty Global (the world's largest international TV and broadband company), bringing an end to the long-running antitrust case. 
  • New York Times scores victory in challenge to use of "Segal Blend" in withdrawal liability assessmentIn an important case of first impression in the federal courts, Jones Day won a challenge on behalf of The New York Times Company to an actuarial method widely used by multi-employer pension funds to artificially increase the amount of liability incurred by employers that withdraw from such plans.
  • Business groups obtain invalidation of IRS anti-inversion regulationsJones Day achieved a major victory on behalf of the U.S. Chamber of Commerce and Texas Association of Business when the U.S. District Court for the Western District of Texas invalidated temporary regulations that the IRS promulgated last year to deter a type of corporate transaction known as an "inversion.
  • Twenty-five media organizations want Georgia free speech protections to apply in federal courtOn behalf of 25 media organizations, Jones Day argued that the free speech protections of Georgia's new anti-SLAPP law apply in federal court in an amicus brief filed in the Eleventh Circuit in support of CNN.
  • BNSF wins Eighth Circuit affirmation of dismissal of former employee's whistleblower claimsThe Eighth Circuit affirmed a U.S. district court decision completely dismissing Federal Railroad Safety Act ("FRSA") whistleblower claims brought by former employees against Jones Day's client BNSF Railway Company.
  • CVS Pharmacy wins resounding Seventh Circuit victory over EEOC "pattern or practice" challenge to severance agreementOn December 17, 2015, the Seventh Circuit affirmed the dismissal of a suit in which the Equal Employment Opportunity Commission ("EEOC") alleged that a standard severance agreement used by Jones Day client CVS Pharmacy, Inc. constituted a "pattern or practice" of resistance to rights secured by Title VII of the Civil Rights Act of 1964.
  • NACDL wins important victory in FOIA lawsuit over Federal Criminal Discovery Blue BookJones Day, serving as pro bono counsel to the National Association of Criminal Defense Lawyers (NACDL), won an important victory before the D.C. Circuit in an action to obtain the Federal Criminal Discovery Blue Book.
  • 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.