Yaakov M.Roth

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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.

Experiência

  • Mining company overturns withdrawal liability award in D.C. CircuitThe D.C. Circuit reversed a judgment against Energy West Mining Company, agreeing with Jones Day's position that the $115 million withdrawal liability assessment had been calculated using a legally impermissible discount rate.
  • Coal companies prevail in Supreme Court battle over EPA's powerIn a high-profile and much-awaited decision on the final day of its term, the Supreme Court ruled in favor of Jones Day's client, the North American Coal Corporation, by reversing a D.C. Circuit decision that gave the EPA sweeping authority to transform the power sector as a means of reducing greenhouse gas emissions.
  • Governor’s top aide secures Supreme Court review of fraud convictionThe Supreme Court granted a petition for certiorari filed by Jones Day on behalf of Joseph Percoco, a former top aide and campaign manager for New York Governor Andrew Cuomo.
  • Washington Post defeats reporter's discrimination claimsThe D.C. Superior Court granted Jones Day's motion to dismiss, on behalf of The Washington Post and a group of current and former senior editors, in a high-profile case filed by one of the newspaper's national political reporters.
  • Organon defeats failure-to-warn claims in Fosamax® litigationOrganon & Co., represented by Jones Day, recently prevailed against hundreds of plaintiffs claiming that Merck, Sharp & Dohme Corp. (Organon's predecessor in interest) failed to warn them about the risk of developing so-called "atypical femoral fractures" when using Fosamax® to prevent and treat osteoporosis.
  • C&S Wholesale Grocers defeats pension liability claims on appealIn an important new precedent on withdrawal liability under ERISA, the Second Circuit unanimously affirmed in full a judgment in favor of Jones Day's client, C&S Wholesale Grocers, Inc.
  • Coalition of hospitals and patients obtain Eleventh Circuit decision unsealing documentsOn behalf of a coalition of hospitals and patients that are challenging a fundamental change in the way donated organs are allocated, Jones Day obtained an Eleventh Circuit decision unsealing certain documents related to the litigation.
  • 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. 
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    July 2022 Commentary

    U.S. Supreme Court Curbs Executive Power and Reach of EPA

    May 2022 Commentary

    Enforcing the Line Between Product Liability and Public Nuisance

    May 2021 Alert

    U.S. Supreme Court Delivers Procedural Win to Corporate Defendants in Climate Change Litigation

    May 2021 Alert

    Supreme Court Rules Tax Penalty Does Not Bar Pre-Enforcement Regulatory Challenge

    April 2021 Alert

    Second Circuit Affirms Dismissal of New York City's Climate Suit

    May 2020 Reprint

    The ‘Bridgegate’ Ruling Has Implications for Covid-19 Fraud (Bloomberg Law)

    May 2019 Commentary

    Supreme Court Sides with Merck in Unanimous Fosamax® Product-Liability Decision

    November 2017 Commentary

    Second Circuit Construes Civil RICO's "Domestic Injury" Requirement

    June 2016 Commentary

    Supreme Court Limits Extraterritorial Application of RICO

    May 2013 Commentary

    Seventh Circuit Approves Removal to Federal Court of Asbestos Exposure Suit Against Federal Government Contractor

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