Overview
Paul Hughes is co-chair of the Firm’s Supreme Court and Appellate Practice Group. He briefs and argues complex appeals, and he develops legal strategy for trial litigation.
An experienced appellate lawyer, Paul has argued nine times at the US Supreme Court, including in February, March, October, and December 2019, March 2020, and January 2021. He has argued more than 40 cases, including before en banc sittings of the Fifth, Ninth, and Tenth Circuits, and before panels of the First, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh, DC, and Federal Circuits.
Paul is also 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 (2020) notes that he “has a flourishing reputation for his appellate work, acting for clients on a diverse range of appeals across state and federal courts.” The Legal 500 (2019) calls Paul “diligent, well-prepared, and thoughtful.” Law360 twice named Paul a top appellate advocate under 40 (2017 & 2018), noting that Paul “made a splash” at the Supreme Court.
Recent successes at the Supreme Court include Nasrallah v. Barr, where, in June 2020, Paul won a 7-2 decision extending sweeping new judicial review to administrative agency actions in the context of Convention Against Torture claims. Crucial to victory was Paul’s advancement of a statutory interpretation argument that had been overlooked by all ten courts of appeals to have previously addressed the issue. In March 2020, Paul secured victory in Guerrero-Lasprilla v. Barr and Ovalles v. Barr, a pair of cases addressing the scope of judicial review over a different aspect of administrative agency determinations in the immigration context.
In June 2019, Paul won a unanimous victory—with divided reasoning—in Kisor v. Wilkie, a landmark administrative law case that imposes significant limitations on the scope of agency deference. In 2018, Paul secured a 9-0 win in the bankruptcy case Lamar, Archer & Confrin, LLP v. Appling, which presented a technical question of statutory interpretation. And in Ross v. Blake (2016), Paul achieved a unanimous victory for the respondent by fundamentally reframing the issues presented for decision.
Paul works across substantive areas of law. He frequently litigates challenges to administrative agency action, especially with respect to immigration, the life sciences industry, 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 & Confrin, 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 Supreme Court, obtained a nontraditional order granting, vacating and remanding an Oklahoma state court decision regarding personal jurisdiction (Murco Wall Products v. Galier, 2018)*
- In the Supreme Court, obtained an atypical order granting, vacating and remanding in a malicious prosecution case, and then prevailed on remand in the Sixth Circuit (Sanders v. Jones, 2018)*
- 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 in a patent matter, winning an important decision addressing divided infringement (Travel Sentry, Inc. v. Tropp, 2017)*
- In the Fifth Circuit, won reversal of the district court’s statutory construction regarding the reach of the fraud exception to bankruptcy discharge (Matter of Haler, 2017)*
- 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)
- In the U.S. District Court for the District of Columbia, prevailed on summary judgment against the Department of Homeland Security, invalidating its delay of the International Entrepreneur Rule (Nat’l Venture Capital Ass’n v. Duke, 2017)*
*Matter handled prior to joining McDermott.*
Recognitions
- The Best Lawyers in America 2020 and 2021, Banking and Finance Law
- Chambers USA 2020, Nationwide Appellate Law
- The Legal 500 US 2020, Dispute Resolution: Appellate Court of Appeals/Appellate Supreme Courts
- Benchmark Litigation, 40 & Under Hot List, 2017-2020
- Law360, MVP, 2018
- Law360, Appellate Rising Star, 2017 & 2018
- National Law Journal, Appellate Rising Star, 2017
- Benchmark Litigation, Under 40 Hotlist, 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 Columbia
US District Court for the District of Maryland
