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 represents clients in a broad array of civil and criminal litigation, challenges to federal and state laws and regulations, and government investigations and enforcement actions. The matters he handles often have significant public policy implications, including in the areas of global climate change, opioids, asbestos, tobacco, firearms, health care, administrative law, free speech, religious liberty, and separation of powers.

Noel has argued some of the most important cases the Supreme Court has heard in recent years. For example, 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; Seila Law LLC v. CFPB, which invalidated restrictions on the president's authority to remove the director of the Consumer Financial Protection Bureau; 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.

Esperienze

  • U.S. Chamber of Commerce, coalition challenge OSHA Walkaround Inspection RuleJones Day filed a complaint on behalf of a coalition of industry groups, led by the U.S. Chamber of Commerce, challenging the Occupational Safety and Health Administration's (OSHA) Worker Walkaround Representative Designation Process rule.
  • Agudath Israel of America files amicus curiae brief in religious liberty caseJones Day filed an amicus curiae brief in the Pennsylvania Superior Court on behalf of Agudath Israel of America, a national grassroots Orthodox Jewish organization that advocates for the interests of the Orthodox Jewish community in the United States, in an appeal from a trial court’s decision to deny a Jewish defendant’s request to continue his civil trial by one day to accommodate his observance of Yom Kippur.
  • Exxon Mobil pursues declaratory judgment action against shareholder proposalJones Day is representing Exxon Mobil Corporation in seeking a declaratory judgment that it may exclude from its proxy statement under SEC Rule 14a-8 a shareholder proposal from activist organizations Arjuna Capital and Follow This that calls for targets to reduce Scope 1, 2, and 3 greenhouse gas emissions.
  • Trade associations present argument in Supreme Court that CFPB's unique funding scheme is unconstitutionalOn behalf of two trade associations of consumer lenders subject to the Consumer Financial Protection Bureau's 2017 Payday Lending Rule, Jones Day urged the U.S. Supreme Court to uphold a Fifth Circuit decision holding that the Consumer Financial Protection Bureau's funding mechanism is unconstitutional.
  • U.S. Chamber of Commerce successfully challenges SEC buybacks ruleJones Day successfully represented the U.S. Chamber of Commerce in challenging a rule adopted by the Securities and Exchange Commission requiring public companies to disclose the reasons behind their decisions to engage in stock buybacks.
  • "Varsity Blues" defendant persuades First Circuit to overturn principal convictionsJones Day secured a major appellate victory for John Wilson, one of the "Varsity Blues" defendants, in convincing the First Circuit to vacate all of his principal convictions.
  • German businessman arbitrates ICSID claim against LebanonJones Day is representing German businessman Mr. Abed El Jaouni in ICSID proceedings against Lebanon.
  • BMS challenges Inflation Reduction ActJones Day filed a complaint on behalf of a pharmaceutical manufacturer, Bristol Myers Squibb Company ("BMS"), challenging the constitutionality of the Inflation Reduction Act ("IRA").
  • Glacier Northwest wins Supreme Court decision holding that NLRA does not protect intentional property destructionOn behalf of Glacier Northwest, Inc., Jones Day persuaded the U.S. Supreme Court that the National Labor Relations Act ("NLRA") does not impliedly preempt a state tort claim against a union for intentionally destroying an employer's property in the course of labor strike.
  • R.J. Reynolds Vapor Company and e-cigarette retailers successfully move to stay FDA's marketing denial order for menthol-flavored e-cigaretteAt the request of Jones Day clients including R.J. Reynolds Vapor Company, the U.S. Court of Appeals for the Fifth Circuit stayed the U.S. Food and Drug Administration's marketing denial order for the menthol-flavored Vuse Vibe e-cigarette.
  • Sanofi successfully challenges HHS enforcement of Section 340B drug pricing statuteJones Day successfully represented Sanofi in litigation challenging the U.S. Department of Health and Human Services' (HHS) enforcement action under Section 340B of the Public Health Service Act.
  • R.J. Reynolds successfully challenges constitutionality of FDA's graphic warnings ruleOn December 7, 2022, the U.S. District Court for the Eastern District of Texas ruled--in favor of Jones Day clients that include R.J. Reynolds Tobacco Company--that the U.S. Food and Drug Administration's regulation requiring graphic cigarette warning labels is unconstitutional.
  • Bestwall obtains reversal of collateral attack on bankruptcy court subpoenasJones Day represented Bestwall, LLC, a Georgia-Pacific affiliate, in successfully opposing a collateral attack by asbestos tort claimants and trusts on subpoenas issued in Bestwall’s ongoing Chapter 11 bankruptcy case in the Western District of North Carolina.
  • R.J. Reynolds secures Florida Supreme Court victory on fraudulent concealment claimsJones Day successfully represented R.J. Reynolds Tobacco Company before the Florida Supreme Court in an appeal concerning the reliance element of claims for fraudulent concealment and conspiracy to fraudulently conceal in Engle progeny cases.
  • U.S. Senator Mitch McConnell files amicus brief in Free-Speech caseJones Day filed an amicus brief in the U.S. Supreme Court, on behalf of U.S. Senator Mitch McConnell, in support of appellees in an important free-speech case.
  • R.J. Reynolds prevails in Florida Supreme Court appeal involving interpretation of punitive damages statuteJones Day successfully represented R.J. Reynolds Tobacco Company before the Florida Supreme Court in an Engle progeny appeal presenting an issue concerning interpretation of Florida's punitive damages statute.
  • 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.
  • 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.

     

    • 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