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 more than 30 appeals in courts throughout the country, including seven in the US Supreme Court, before en banc sittings of the Fifth, Ninth, and Tenth Circuits, and several arguments before panels of the First, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh, DC, and Federal Circuits. He has handled more than 275 appellate matters, including 25 merits cases at the US Supreme Court.

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 the current and immediately prior Terms of the US Supreme Court (OT2018 and OT2019), Paul will argue five cases (in February, March, October, and December 2019, and March 2020). 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. 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, 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.

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Results

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 preliminary 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, 2019)*
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.*

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Recognitions

Benchmark Litigation 40 & Under Hot List 2019
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

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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

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