Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice Group. He handles complex appeals and trial court motions with a primary focus on antitrust law, administrative law and constitutional law. An accomplished appellate lawyer, Michael has argued appeals in courts throughout the country, including five times in the US Supreme Court, three times before the en banc courts of appeals, and a dozen other times in the federal courts of appeals and state appellate courts. He has briefed more than 200 appellate matters, including 23 Supreme Court merits cases.
Michael is a visiting lecturer in law at Yale Law School, where he co-directs the Yale Law School Supreme Court clinic.
Michael’s notable US Supreme Court cases include unanimous victories in Smith v. Berryhill, concerning the scope of judicial review of final agency action; and Shapiro v. McManus, concerning the availability of review before three-judge district courts. On remand from the Supreme Court in Shapiro, which was later recaptioned Benisek v. Lamone, Michael won a groundbreaking victory establishing that partisan gerrymandering violates the First Amendment. Michael also represented the petitioner in France v. United States, a white-collar criminal case in which his briefing persuaded the solicitor general to confess error.
While in law school, Michael served as editor of The Yale Law Journal and executive editor of the Yale Law and Policy Review. Following law school, Michael clerked for Judge Michael Daly Hawkins on the US Court of Appeals for the Ninth Circuit.
*Matter handled prior to joining McDermott.
Education
Yale Law School, JD, 2008
University of Pennsylvania, MA, 2005
Princeton University, BA, summa cum laude, 2003
Admissions
Maryland
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
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
Partner | Washington, DC
Washington, DC: +1 202 756 8901
Washington, DC: +1 202 591 2768
Law360 / June 6, 2019
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Law360 / June 7, 2019
Bloomberg Law / June 12, 2019
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The Deal / June 6, 2019
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Bloomberg: Big Law Business / June 3, 2019
Washington, DC / Press Releases / June 3, 2019
The National Law Journal / June 3, 2019
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