Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice Group. He has presented more than two dozen appellate arguments, including six times before the US Supreme Court and three times before the en banc courts of appeals. He has briefed and argued 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.

In addition to handling appeals, Michael works frequently with his colleagues in trial courts to shape litigation strategy and present the most compelling dispositive motions. He is routinely involved in cases challenging the constitutionality of state legislation and the legality of federal administrative actions.

Michael is a visiting lecturer in law at Yale Law School, where he co-directs the Yale Law School Supreme Court clinic.

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  • In the Supreme Court, secured a 9-0 victory in an administrative law case establishing that agency dismissals on procedural grounds are “final decisions” for purposes of judicial review (Smith v. Berryhill)*
  • In the Supreme Court, obtained a unanimous victory in a partisan gerrymandering case, ensuring that plaintiffs receive review before a three-judge district court (Shapiro v. McManus)*
  • In the Supreme Court, represented the petitioner in a white-collar criminal case and successfully persuaded the solicitor general to confess error (France v. United States)*

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  • The Legal 500 US, “Next Generation” Supreme Court Practitioner, 2017-2020
  • Benchmark Litigation, 40 & Under Hot List, 2017-2020
  • National Law Journal, Rising Star, 2017
  • Law360, Appellate Rising Star, 2016

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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