Yaakov M.Roth

Partner

(T) 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 represented clients in high-profile Supreme Court cases, argued appeals in the federal Courts of Appeals, and prepared motions to dismiss and for summary judgment across a range of substantive areas.

Yaakov's most recent Supreme Court experience includes vindicating former Virginia Gov. Bob McDonnell from political corruption charges, narrowing the geographic scope of private civil RICO 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 pressing a First Amendment challenge to an Ohio law prohibiting "false" campaign statements, seeking disclosure of a Justice Department policy manual concerning criminal discovery, and protecting the religious freedom rights of Death Row inmates. He has successfully defended his clients against defamation, antitrust, Title VII, and ERISA claims — including nationwide class actions — and pursued a host of challenges to federal, state, and local regulations. His ERISA experience also includes a series of withdrawal liability arbitrations and related litigation.

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

  • 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.
  • Former deputy chief of staff to Governor Chris Christie appeals conviction related to "Bridgegate scandal"Jones Day is representing Bridget Kelly, the former deputy chief of staff to New Jersey Governor Chris Christie, in the appeal of her conviction for various offenses arising from the so-called "Bridgegate scandal," in which two lanes to enter the George Washington Bridge were reallocated from a local entry point to the main highway, allegedly to punish a local mayor for refusing to endorse the Governor for reelection.
  • 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.
  • R.J. Reynolds prevails in U.S. Supreme Court on geographic scope of Civil RICOJones Day successfully represented the petitioners in a major U.S. Supreme Court decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act (RICO).
  • Federal inmate obtains U.S. Supreme Court decision unanimously rejecting application of FTCA "judgment bar" to Eighth Amendment Bivens suitOn June 6, 2016, the Supreme Court of the United States ruled unanimously in favor of Jones Day's client, a federal inmate named Walter Himmelreich, in a case involving the "judgment bar" of the Federal Tort Claims Act (FTCA).
  • Advocacy groups obtain Sixth Circuit decision striking down Ohio's political "false statement" lawOn February 24, 2016, the Sixth Circuit agreed with Jones Day's client, the Susan B. Anthony List (SBA), that Ohio's criminal prohibition on making "false statements" in election campaigns violates the First Amendment.
  • Former inmate succeeds in Seventh Circuit parole challengeOn September 16, 2015, the Seventh Circuit ruled that Jones Day's client, former federal inmate George Edwards, was entitled to relief from a harsh parole regime.
  • University student permitted to return to school after his freedom of expression is defendedFollowing Jones Day's involvement and advocacy in the matter, George Washington University agreed to allow one of its students to return to school.
  • Susan B. Anthony List prevails in defamation appeal by former Member of CongressThe Sixth Circuit affirmed the grant of summary judgment to Jones Day client Susan B. Anthony List, a national pro-life advocacy organization, in a defamation suit pursued by former Member of Congress Steve Driehaus.
  • Affordable Care Act plaintiffs present argument before Supreme CourtOn March 4, 2015, Jones Day presented oral argument before the U.S. Supreme Court in a high-profile challenge to an IRS regulation implementing the Affordable Care Act.
  • Abercrombie & Fitch argues in front of U.S. Supreme Court in Title VII religious accommodation caseJones Day represented Abercrombie & Fitch Co. in a Title VII case before the Supreme Court of the United States involving the standards for religious accommodation claims.
  • Additional Publications

    • January 18, 2016Liberals' Electoral Reform Plan Is Legally Futile, Toronto Star
    • December 31, 2015AG's Subpoenas Over Climate Change Flout Constitution, National Law Journal
    • April 18, 2014Courts Should Stay Out of Political Face-Checking, Wall Street Journal
    • January 3, 2014How the Courts Trump Parliament, National Post
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