Michael B. Kimberly - McDermott Will & Emery


Michael B. Kimberly is co-head of the Firm’s Supreme Court and Appellate practice and Government and Regulatory Litigation practice. He has given more than 30 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 the Commerce Clause, preemption, the Social Security and Medicare Acts, 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.

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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, 2017-2022
  • Chambers USA, Nationwide Appellate Law, 2021 and 2022
  • Benchmark Litigation, 40 & Under Hot List, 2017-2021
  • 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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