Yaakov M.Roth

Partner

Washington + 1.202.879.7658

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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 30 appeals, including three in the U.S. Supreme Court (all three of which he won). Yaakov has been named a "D.C. Trailblazer," "Litigation Trailblazer," and "D.C. Rising Star" by The National Law Journal; a "Next Generation" leader by The Legal 500; an "MVP" and earlier a "Rising Star" in the appellate space by Law360; and to the Law Power 100 by City & State New York.

Yaakov argued and prevailed in West Virginia v. EPA, a groundbreaking Supreme Court decision restricting the power of federal agencies. Yaakov also won unanimous Supreme Court victories in the high-profile "Bridgegate" matter and in another white collar criminal case. 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.

Experience

  • UPS defeats putative FCRA class actionA Ninth Circuit panel unanimously affirmed the dismissal of a putative class action filed against Jones Day’s client United Parcel Service, Inc. ("UPS") under the Fair Credit Reporting Act ("FCRA").
  • Salvadoran woman fleeing domestic violence obtains remand to Board of Immigration AppealsJones Day recently obtained a remand of a Board of Immigration Appeals (BIA) decision upholding a final order of removal against Amalia de Jesus Gomez-Arriola.
  • GE wins arbitration vacating $228 million in withdrawal liability based on ERISA's building and construction exemptionIn an important case involving the application of the building and construction industry exemption to pension withdrawal liability, Jones Day secured a victory for General Electric Company in two related arbitrations involving $228 million in liability sought by the Boilermakers Blacksmith National Pension Fund.
  • Kalshi files challenge to CFTC order rejecting listing of its Congressional Control ContractsJones Day is representing KalshiEX LLC (Kalshi) in litigation against its regulator, the Commodity Futures Trading Commission (CFTC), challenging the CFTC's recent order to prohibit Kalshi from listing certain political event contracts on its regulated derivatives exchange.
  • "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.
  • Directors of D.C. religious nonprofit win complete dismissal of claims alleging fiduciary violations and breach of contractJones Day secured dismissal of a longstanding suit against a D.C. religious nonprofit and its directors. In August 2022, the D.C. Court of Appeals reversed a $530 million judgment against the directors, vindicating their rights under the First Amendment.
  • 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.
  • 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.
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    October 2023 White Paper

    Considerations for Addressing DOJ's Corporate Compliance Guidance on Mobile Devices and Messaging Platforms

    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

    January 2023 Commentary

    DOJ Criminal Division Announces Revisions to its Corporate Enforcement Policy

    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
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