Overview
Paul Hughes is the co-head of the Firm’s practices focusing on Supreme Court and Appellate Litigation as well as Government and Regulatory Litigation. He briefs and argues complex appeals, and he develops legal strategy before trial courts, including strategic affirmative litigation.
An experienced appellate lawyer, Paul has argued ten times at the US Supreme Court, most recently in January 2023. Having presented more than 60 arguments, Paul has appeared before en banc sittings of the Fourth, Fifth, Ninth and Tenth Circuits; panels of the First, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh, DC and Federal Circuits; and several state appellate courts. Paul also frequently argues in state and federal trial courts across the country.
Paul is a visiting clinical lecturer in law at the Yale Law School, where he co-directs Yale’s Supreme Court Advocacy Clinic.
In listing Paul in its nationwide rating of appellate lawyers, Chambers USA (2022) notes that he “play[s] 3D chess in litigation strategy” and “will learn your business better than you know it.” In ranking Paul as a “Leading Lawyer” in appellate practice, The Legal 500 (2021) describes Paul as “exceptionally professional, effective, and easy to work with,” an “intellectually impressive and skilled advocate,” and it explains that he “demonstrates a surprisingly high policy awareness that sets him apart in Washington.”
Recent successes at the Supreme Court include Kisor v. Wilkie, a landmark administrative law case decided in June 2019 that imposes significant limitations on the scope of agency deference. In 2018, Paul secured a 9-0 win in the bankruptcy case Lamar, Archer & Cofrin, LLP v. Appling, which presented a technical question of statutory interpretation. And in 2020, Paul secured a pair of wins in cases expanding the scope of judicial review of agency actions in the context of immigration, Nasrallah v. Barr and Guerrero-Lasprilla v. Barr. In Nasrallah, Paul advanced a statutory interpretation argument that had been overlooked by all ten courts of appeals to have previously addressed the issue.
In 2022, Paul secured victory against the SEC, setting aside its unlawful suspension of a 2020 Rule governing proxy voting advice businesses in National Association of Manufacturers v. SEC. And in 2021, Paul won complete victory invalidating four separate regulations designed to disrupt the high-skilled immigration ecosystem in U.S. Chamber of Commerce v. DHS.
Paul works across substantive areas of law. He frequently litigates challenges to administrative agency action, especially with respect to the life science industry, energy, immigration, and taxation. In 2018, Law360 named Paul an “MVP” for his intellectual property work before the Federal Circuit. Paul also has deep experience with the False Claims Act, bankruptcy, civil rights, and securities law.
Paul served as a law clerk to the Honorable Diana Gribbon Motz of the US Court of Appeals for the Fourth Circuit. He was a senior editor of the Yale Law Journal.
Results
- In the Supreme Court, won a decision extending judicial review to all aspects of administrative agency decision-making over Convention Against Torture Claims. (Nasrallah v. Barr, 2020)
- In the Supreme Court, won a sweeping victory providing broad judicial review over administrative agency action in the immigration context. (Guerrero-Lasprilla v. Barr & Ovalles v. Barr, 2020)
- In the Supreme Court, secured a unanimous victory, with divided reasoning, confirming sharp limitations on the scope of agency authority (Kisor v. Wilkie, 2019)
- In the Supreme Court, unanimously won a statutory interpretation question involving the Bankruptcy Act (Lamar, Archer & Cofrin, LLP v. Appling, 2018)*
- In the Supreme Court, won a 9-0 favorable decision regarding the construction of the Prison Litigation Reform Act, leading to victory on remand (Ross v. Blake, 2016)*
- In the Federal Circuit, won affirmance through successful assertion on appeal of a res judicata defense (Uniloc 2017 LLC v. Blackboard, 2022)
- In the D.C. Circuit, won vacatur and remand of FERC ratemaking decision that rejected the New York Independent System Operator’s proposed amortization period for use in capacity auctions (Independent Power Producers of New York v. FERC, 2022)
- In the Ninth Circuit, secured affirmance of summary judgment for reinsurer in complex insurance dispute (American Claims Management v. Allied World Surplus Lines Insurance Co., 2022)
- In the Federal Circuit, won a summary affirmance of a complex, multi-week patent trial (Zhejiang Med. Co. v. Kaneka Corp., 2019)*
- In the Federal Circuit, successfully reversed the adverse decision of the Patent Trial and Appeal Board (In re Tropp, 2018)*
- In the Federal Circuit, won appeal regarding patent invalidity for reasons of indefiniteness (Capital Security Systems v. NCR, 2018)*
- In the Federal Circuit, obtained reversal of the district court’s grant of summary judgment, winning an important decision addressing divided patent infringement (Travel Sentry, Inc. v. Tropp, 2017)*
- In the US District Court for the Western District of Texas, invalidated SEC’s order suspending implementation of its 2020 rule governing proxy voting advice businesses (National Association of Manufacturers v. SEC, 2022)
- In the US District Court for the Northern District of California, secured a preliminary injunction that enabled the EB-5 program to resume and subsequently achieved a settlement governing implementation of the EB-5 Reform and Integrity Act (EB5 Capital v. DHS, 2022)
- In the U.S. District Court for the Northern District of California, won summary judgment to hold invalid four regulations—two each by the Department of Labor and the Department of Homeland Security—designed to foreclose the H-1B program (Chamber of Commerce of the United States v. DHS, 2021)
- In the U.S. District Court for the Northern District of California, obtained a preliminary injunction on that barred enforcement of Presidential Proclamation 10,052, which sought to ban entry of high-skilled workers entering the United States on H, J, and L visas (National Association of Manufacturers v. DHS, 2020)
- In the U.S. District Court for the Middle District of North Carolina, obtained a nationwide permanent injunction on behalf of a consortium of leading colleges and universities, blocking an immigration policy detrimental to the interests of international students (Guilford College v. McAleenan, 2020)
*Matter handled prior to joining McDermott.*
Recognitions
- Chambers USA, Nationwide Appellate Law, 2020 – 2022
- The Legal 500 US, Appellate & Supreme Court, Leading Lawyer, 2021 – 2022
- Benchmark Litigation, 40 & Under Hot List, 2017-2022
- The Best Lawyers in America 2020 to 2022, Banking and Finance Law
- Jack Wasserman Memorial Award, presented by the American Immigration Lawyers Association for excellence in litigation respecting immigration, 2021
- Law360, MVP, 2018
- Law360, Appellate Rising Star, 2017 & 2018
- National Law Journal, Appellate Rising Star, 2017
- American Lawyer, Litigator of the Week, 2017
Community
- Yale Law School, visiting clinical lecturer in law, 2015 to present
- National Police Accountability Project, board member, 2014 to present
Credentials
Education
Yale Law School, JD, 2008
Georgetown University, MA, 2005
Georgetown University, AB, summa cum laude, 2004
Admissions
District of Columbia
New York
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 Colorado
US District Court for the District of Columbia
US District Court for the District of Maryland
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
