Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice Group. An accomplished appellate lawyer, Michael has argued appeals in courts throughout the country, including six times in the US Supreme Court, three times before the en banc courts of appeals, and more than a dozen other times in the federal courts of appeals and state appellate courts. He has briefed hundreds of appellate matters overall, including more than two dozen Supreme Court merits cases. Michael has particularly deep experience with constitutional law relevant to the business community, and matters of statutory and regulatory interpretation under such diverse laws as the Social Security and Medicare Acts, ERISA, the Bankruptcy Code, and the antitrust laws.

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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, “Next Generation” Supreme Court Practitioner, 2017-2019
  • Benchmark Litigation, 40 & Under Hot List, 2017-2019
  • 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

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