Yaakov M.Roth

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Yaakov Roth's goal is to develop and present the key legal arguments that will secure victory for clients. He has argued more than 20 federal appeals, including three Supreme Court cases, plus others in D.C. and state courts. Yaakov has been named a "D.C. Rising Star," "D.C. Trailblazer," and "Litigation Trailblazer" by The National Law Journal; a "Next Generation" leader by The Legal 500; a "Rising Star" in the appellate space by Law360; and to the Law Power 100 by City & State New York.

Most recently, Yaakov argued and prevailed in West Virginia v. EPA, a groundbreaking Supreme Court decision restricting the power of federal agencies. Yaakov also won a unanimous Supreme Court victory in the high-profile "Bridgegate" matter on a theory that he developed. His other Supreme Court experience includes defending Arizona voting rules against partisan challenge, vindicating former Virginia Governor Bob McDonnell from 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 white collar defendants, advocating for employers in Title VII, ERISA (Employee Retirement Income Security Act), and antitrust matters, 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 nationwide class actions and pursued challenges to federal, state, and local regulations.

Experiência

  • 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").
  • Merck challenges Inflation Reduction ActJones Day filed a complaint on behalf of a pharmaceutical manufacturer, Merck & Co., Inc. ("Merck"), challenging the constitutionality of the Inflation Reduction Act ("IRA").
  • Governor's campaign manager persuades Supreme Court to overturn fraud convictionThe Supreme Court ruled unanimously in favor of Jones Day's client, Joseph Percoco, a former top aide and campaign manager for New York Governor Andrew Cuomo, in a challenge to his conviction for honest-services fraud arising from conduct when he was a private citizen serving as campaign manager.
  • Medtronic succeeds in vacating forum non conveniens dismissalRuling for Jones Day's client, Medtronic Medical CR SRL ("Medtronic"), the First Circuit vacated a district court's dismissal of Medtronic's lawsuit arising from a scheme to defraud the company of millions of dollars in connection with the construction of a new manufacturing facility in Costa Rica.
  • Experian secures victory in Ninth Circuit, allowing company to arbitrate caseExperian Information Solutions, Inc., represented by Jones Day, successfully persuaded the Ninth Circuit to send a putative class action to arbitration.
  • Directors of religious nonprofit secure appellate victory on issues of religious autonomy and corporate governanceJones Day secured an appellate victory when the D.C. Court of Appeals reversed a $530 million judgment against four directors of a religious nonprofit corporation.
  • 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.
  • 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.
  • Chevron wins dismissal of public nuisance claims based on alleged product liabilityJones Day client Chevron Corporation secured dismissal of all public nuisance claims asserted in the pending multidistrict litigation addressing purported liability for sales of the pesticide paraquat.
  • 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.
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    May 2023 Commentary

    The Agency Strikes Back: EPA Proposes New Emissions Limits for Fossil Fuel-Fired Power Plants

    May 2023 Reprint

    Jones Day Attorneys On Percoco, And How We Got Here (Law360)

    May 2023 Alert

    U.S. Supreme Court Narrows Scope of Liability Under Anti-Terrorism Act

    September 2022 Commentary

    The Back-and-Forth Continues: NLRB Once Again Seeks to Broaden Its Joint-Employer Standard

    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)
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