Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice Group. He handles complex appeals and trial court motions with a primary focus on antitrust law, administrative law and constitutional law. An accomplished appellate lawyer, Michael has argued appeals in courts throughout the country, including five times in the US Supreme Court, three times before the en banc courts of appeals, and a dozen other times in the federal courts of appeals and state appellate courts. He has briefed more than 200 appellate matters, including 25 Supreme Court merits cases.
Michael is a visiting lecturer in law at Yale Law School, where he co-directs the Yale Law School Supreme Court clinic.
Michael is widely recognized as an effective Supreme Court and appellate litigator. He was identified by The Legal 500 (2017-2019) as a “next generation” Supreme Court practitioner and by Law360 (2016) as a top appellate advocate under 40, with “a yearslong track record of effective advocacy before the nation’s highest court.” Michael has been described in the National Law Journal (2017) as a “veteran U.S. Supreme Court and appellate lawyer” and in the Washington Post (2015) as a “seasoned Supreme Court practitioner.” According to Reuters (2014), he is among “the top handful of lawyers in America” who “dominate” the docket of the US Supreme Court.
Michael’s notable US Supreme Court cases include unanimous victories in Smith v. Berryhill, concerning the scope of judicial review of final agency action under Section 405(g); and Shapiro v. McManus, concerning the availability of review before three-judge district courts. Michael represented the petitioner in France v. United States, a white-collar criminal case in which his briefing persuaded the solicitor general to confess error.
While in law school, Michael served as editor of The Yale Law Journal and executive editor of the Yale Law and Policy Review. Following law school, Michael clerked for Judge Michael Daly Hawkins on the US Court of Appeals for the Ninth Circuit.
*Matter handled prior to joining McDermott.
Education
Yale Law School, JD, 2008
University of Pennsylvania, MA, 2005
Princeton University, BA, summa cum laude, 2003
Admissions
Maryland
District of Columbia
Courts / Agencies
US Supreme Court
US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Tenth Circuit
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Federal Circuit
US District Court for the District of Columbia
US District Court for the District of Maryland
Associé | Washington, DC
Washington, DC: +1 202 756 8901
Washington, DC: +1 202 591 2768
On the Subject / December 5, 2019
Webinar / McDermott Event / July 2019
On the Subject / June 28, 2019
Law360 / June 6, 2019
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Bloomberg Tax / December 2, 2019
Big Law Associate Snags Rare Chance to Argue at Supreme Court
Law360 / November 14, 2019
Washington, DC / Accolades & Rankings / October 28, 2019
McDermott Recognized For Esteemed Supreme Court And Appellate Litigation Practice
The National Law Journal / October 25, 2019
Law360 / October 16, 2019
Supreme Court Brief / October 16, 2019
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Law360 / October 8, 2019
Bloomberg Law / August 20, 2019
Law School Supreme Court Clinics Catapult Students to Top Jobs
Institute of Justice / August 16, 2019
Auer Deference, the Citizenship Question, and the Nondelegation Doctrine
The National Law Journal / August 13, 2019
DOJ's Noel Francisco Wants to Argue in Disputed Gun Case the Justices ...
Law360 / August 13, 2019
Bloomberg Law: Tax / August 13, 2019
Supreme Court Practices Are ‘Fool’s Gold’ Without Appellate Focus
Law360 / August 7, 2019
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