Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice Group. He has given more than two dozen appellate arguments, including six before the US Supreme Court and three before the en banc courts of appeals. He has briefed and argued hundreds of cases covering a wide range of subject matters, with particular experience in the areas of the Commerce Clause, preemption, the Social Security and Medicare Acts, ERISA, the Bankruptcy Code, and the antitrust laws.

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  • In the U.S. District Court for the District of Puerto Rico, succeeded in invalidating, on federal preemption grounds, a Puerto Rico law regulating the rates that Medicare Advantage plans must pay providers (MMAPA v. Emanuelli-Hernandez)
  • In the Southern District of New York, won a rare grant of habeas corpus relief and immediate release from custody for a former pharmaceutical company executive (Jordan v. Lamana)
  • In the New York Appellate Division, First Department, obtained a reversal in a case involving an eight-figure promissory note and a related express release clause (Hawk Mountain LLC v. RAM Capital LLC)

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  • The Legal 500 US, “Next Generation” Supreme Court Practitioner, 2017-2021
  • Benchmark Litigation, 40 & Under Hot List, 2017-2021
  • Chambers USA, Nationwide Appellate Law, 2021
  • National Law Journal, Energy & Environmental Trailblazer, 2017-2021

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  • The NYU Institute of Judicial Administration, Board of Advisors
  • Georgetown Supreme Court Institute, member
  • Yale Law School, visiting lecturer in law


Yale Law School, JD, 2008
University of Pennsylvania, MA, 2005
Princeton University, BA, summa cum laude, 2003

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

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Michael B. Kimberly

Insights & Events / Media

Healthcare Enforcement Quarterly Roundup / April 1, 2021

Virtual Event / McDermott Event / November 5, 2020

Healthcare Enforcement Quarterly Roundup / July 23, 2020

Webinar / McDermott Event / July 22, 2020