Michael B. Kimberly - McDermott Will & Emery


Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice and Government and Regulatory Litigation Group. He has given more than thirty appellate arguments, including eight before the US Supreme Court. In addition to his appellate work, Michael frequently litigates challenges to federal administrative actions under the Administrative Procedure Act and to state laws and regulations under various provisions of the US Constitution. He has briefed and argued hundreds of cases covering a wide range of subject matters, with particular experience in the areas of taxation, the Commerce Clause, preemption, the Medicare Act, ERISA, the First Amendment, copyright, the Bankruptcy Code and the antitrust laws. In addition to handling appeals and administrative and constitutional challenges, Michael works frequently with his colleagues in trial courts to shape litigation strategy and present the most compelling dispositive motions.

Show More


  • In the First Circuit, successfully defended the invalidation, on federal preemption grounds, of a Puerto Rico law regulating the rates that Medicare Advantage plans must pay providers (MMAPA v. Emanuelli-Hernandez)
  • In the Fourth Circuit, won a unanimous victory defending a dismissal on standing grounds in an challenge under the Administrative Procedure Act concerning the National Environmental Policy Act (Wild Virginia v. CEQ and Chamber of Commerce of the U.S.)
  • In the Tenth Circuit, won a unanimous victory in an ERISA fiduciary duty case involving claims of excessive fees and prohibited transactions (Ramos v. Banner Health)

Show More


  • Chambers USA, Nationwide Appellate Law, 2021-2023
  • Legal 500 US, Dispute Resolution: Appellate-Courts of Appeals/Appellate – Leading Lawyer, 2023
  • Legal 500 US, “Next Generation” Supreme Court Practitioner, 2017-2022
  • Benchmark Litigation, 40 & Under Hot List, 2017-2021
  • National Law Journal, Energy & Environmental Trailblazer, 2017-2021

Show More


  • 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

Show More