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Catherine E. Stetson
Partner, Washington, D.C.
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cate.stetson@hoganlovells.com

Cate Stetson is the co-Director of our nationally acclaimed Appellate practice group. With dozens of appellate arguments to her name, Cate has been recognized by The American Lawyer magazine (in 2011) as one of the top 45 women under 45 among AmLaw 200 firms; by The American Lawyer magazine (in 2007) as one of the "Fab Fifty" litigators under 45 in the nation; and by the National Law Journal (in 2009) and Washingtonian magazine (in 2006) as one of Washington's "Top 40 Lawyers Under 40." She has been described to the press as a "superb" advocate and "one of the finest lawyers who appears" in the U.S. Court of Appeals for the D.C. Circuit, and commended for her "brilliance of mind and ability to grasp complicated technical matters." 

Cate has argued in the U.S. Supreme Court, in most of the federal courts of appeals, and in multiple state appellate courts. She has filed dozens of petition- and merits-stage briefs in the U.S. Supreme Court and has briefed hundreds of matters on appeal. Her experience spans appeals presenting questions of administrative law and procedure, antitrust law, the Americans with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA), the False Claims Act (FCA), class certification, civil procedure, and constitutional, contract, copyright, employment, energy, environmental, food and drug, healthcare, insurance, patent, telecommunications, and tort law.

Before joining our legal practice, Cate served as a judicial clerk to The Honorable Stanley S. Harris of the U.S. District Court for the District of Columbia and The Honorable David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit.

REPRESENTATIVE EXPERIENCE
  • Briefed and argued a seminal civil procedure case in the U.S. Supreme Court.
  • On behalf of numerous industry groups, briefed and argued two D.C. Circuit challenges to Environmental Protection Agency ethanol regulations.
  • On behalf of a major pharmaceuticals client, briefed and argued a D.C. Circuit appeal defending a judgment notwithstanding the verdict in an employment case presenting unsettled issues of law, and secured a unanimous affirmance.
  • Briefed and argued a high-profile copyright issue of first impression for a performing-rights organization in the United States Court of Appeals for the Second Circuit.
  • On behalf of several nuclear utilities, argued and won multiple precedent-setting damages appeals in the United States Court of Appeals for the Federal Circuit arising from the federal government's breach of its contract to dispose of utilities' spent nuclear fuel.
  • On behalf of a major energy company, briefed and argued a complex environmental and energy issue in the United States Court of Appeals for the Ninth Circuit.
  • Briefed and argued a significant appeal presenting both statutory and constitutional issues on behalf of an Arizona city challenging a federal land-into-trust application.
  • On behalf of a computer software and services company, handled a complex Federal Circuit patent infringement appeal involving microprocessor parallel processing architecture.
  • Argued and won, before a divided eleven-judge court, a high-profile Ninth Circuit en banc case involving issues of land use and religious rights, and subsequently defeated a petition for certiorari.
  • Successfully sought discretionary review of, argued, and won an important insurance coverage issue for a national client at the highest court of appeals in New York State.
  • Handled a successful appeal in the Eleventh Circuit defending a managed care company against ERISA claims brought by a state attorney general.
  • Handled a successful appeal in the D.C Circuit involving the treatment of remedies for a pipeline's Natural Gas Act violations.
  • Successfully defended against a Supreme Court petition for certiorari brought by the United States Solicitor General in a multibillion-dollar Medicare matter.
  • Handled an appeal in the Seventh Circuit in a complex electric ratemaking matter.
  • Briefed, argued, and won a major appeal in the Maryland state courts for a national insurance company.
  • Represented an energy company in a successful D.C. Circuit challenge to an agency's decision placing onerous conditions on a proposed merger.
  • Handled a successful appeal in the D.C. Circuit on behalf of a national trade association challenging an agency's authority to issue certain historic-preservation regulations.
  • On behalf of two national business entities, argued an appeal in the Fourth Circuit Court of Appeals challenging an agency denial of a petition under the Information Quality Act as a violation of the Administrative Procedure Act.
  • Argued on behalf of a water filtration company a patent infringement appeal involving a doctrine-of-equivalents issue.
  • Handled a Second Circuit appeal on behalf of a pharmaceutical company sued by a consumer for allegedly negligently permitting counterfeit versions of its products to enter the prescription drug market.
  • Handled, on behalf of a national nonprofit association, a successful appeal in the U.S. Court of Appeals for the Ninth Circuit challenging agency regulations that failed to comport with the requirements of the National Environmental Policy Act.
  • On behalf of several national corporations and federations of business entities, filed multiple amicus briefs in the Supreme Court on matters including federal preemption, patent, antitrust, and employment law.


Hogan Lovells Publications
26 June 2014 "Supreme Court Upholds Fraud-on-the-Market Presumption, but Agrees Defendants May Rebut the Presumption at Class Certification." SEC Update, Hogan Lovells

25 June 2014 "Supreme Court Upholds Fraud-on-the-Market Presumption, but Agrees Defendants May Rebut the Presumption at Class Certification." Securities Litigation Alert, Hogan Lovells

13 June 2014 "Supreme Court Allows Lanham Act Competitor Claims Challenging Federally Regulated Food and Beverage Labels." Food Litigation Alert, Hogan Lovells

26 June 2013 "Decision that design-defect claims against generic manufacturers are pre-empted may have broad impact." Supreme Court Alert, Hogan Lovells

25 June 2013 "Supreme Court rules favorably for employers in Title VII cases." Employment Alert, Hogan Lovells

20 June 2013 "Supreme Court decision in American Express Co. v. Italian Colors Restaurant." Class Action Alert, Hogan Lovells

10 June 2013 "Supreme Court Decision in Oxford Health Plans LLC v. Sutter." U.S. Supreme Court and Appellate Alert, Hogan Lovells

17 April 2013 "Hogan Lovells successfully defends ERISA plans' rights to full reimbursement on behalf of client US Airways." U.S. Supreme Court and Appellate Alert, Hogan Lovells

27 March 2013 "Supreme Court issues significant class certification ruling in antitrust case." Class Action Alert, Hogan Lovells

19 March 2013 "Court unanimously rules for class action defendant in important CAFA case: The Standard Fire Insurance Co. v. Knowles, No. 11-1450." U.S. Supreme Court and Appellate Alert, Hogan Lovells

01 March 2013 "Supreme Court issues major securities class action ruling." U.S. Supreme Court and Appellate Alert, Hogan Lovells

29 January 2013 "D.C. Circuit declares NLRB recess appointees unconstitutional, potentially invalidating major NLRB decisions from 2012." Employment Alert, Hogan Lovells

28 November 2012 "In US Airways, Inc. v. McCutchen, Hogan Lovells argues to the Supreme Court that an ERISA plan's reimbursement provision must be enforced according to its terms." U.S. Supreme Court and Appellate Alert, Hogan Lovells

28 June 2012 "Supreme Court upholds Affordable Care Act, but limits its Medicaid expansion; questions linger for federal power going forward." U.S. Supreme Court and Appellate Alert, Hogan Lovells

28 June 2012 "U.S. Supreme Court and Appellate Alert." U.S. Supreme Court and Appellate Alert, Hogan Lovells

28 June 2012 "Supreme Court upholds Affordable Care Act in its entirety: individual mandate constitutional as a tax, Medicaid expansion approved of, but limited." U.S. Supreme Court and Appellate Alert, Hogan Lovells

21 June 2012 "Supreme Court defines scope of FLSA’s overtime compensation requirement, declines to extend Auer deference to agency regulatory interpretation." U.S. Supreme Court and Appellate Alert, Hogan Lovells

23 March 2012 "Supreme Court Hears Arguments on Health Reform." Health Care Alert, Hogan Lovells

14 February 2012 "Ninth Circuit rejects “hard look,” “scientific integrity” claims in prominent NEPA case; hands victory to Hogan Lovells client." Environment Alert, Hogan Lovells

October 2011 "Class Actions Bulletin – October 2011." Class Actions Bulletin, Hogan Lovells

30 March 2011 "Dukes v. Wal-Mart Stores, Inc., Supreme Court Oral Argument Summary." Litigation Alert

06 December 2010 "Dukes V. Wal-Mart Stores, Inc., certiorari granted." Litigation Alert, Hogan Lovells

July 2010 "Class Actions Bulletin - July 2010." Class Actions Bulletin, Hogan Lovells

27 April 2010 "Clinical Trials and Alien Tort Statute Jurisdiction." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

09 April 2010 "Federal Appeals Court Sides With Comcast In “Net Neutrality” Case, Throws Aspects of Internet Regulation and National Broadband Plan Into Question." U.S. Supreme Court and Appellate Update, Hogan & Hartson LLP

28 January 2010 "Understanding Citizens United." U.S. Supreme Court and Appellate Update, Hogan & Hartson LLP

20 July 2007 "Supreme Court Rules on Obviousness Standard for Determining Patentability." IP Update, Hogan & Hartson LLP

09 May 2007 "Energy Review, Volume 1 No. 3." Energy Update, Hogan & Hartson LLP

17 April 2007 "Supreme Court Clarifies Bar to Whistleblower Suits Under the False Claims Act." U.S. Supreme Court and Appellate Update, Hogan & Hartson LLP

06 April 2007 "Supreme Court Decides Global Warming Case." Focus On: Climate and Clean Energy, Hogan & Hartson LLP

Published Works
02 May 2013 "Supreme Court issues significant class certification ruling in antitrust case." Competition Newsletter, International Law Office

12 October 2009 "Q&A With Hogan & Hartson's Cate Stetson." Law360, Portfolio Media, Inc.

PRACTICES
Litigation and Arbitration
Appellate
AREAS OF FOCUS
  • Supreme Court Litigation
  • Appellate Litigation
  • Patent Appeals
  • Constitutional Law
EDUCATION
J.D., Order of the Coif, University of Virginia School of Law, 1994 B.A., cum laude, Duke University, 1991
MEMBERSHIPS
  • Member, American Bar Association
  • Member, The Women's Bar Association of the District of Columbia
  • Member, Edward Coke Appellate Inn of Court  
  • Member, National Chamber Litigation Center Constitutional and Administrative Law Advisory Committee
  • Member, D.C. Circuit Advisory Committee on Procedures
  • Board Member, Historical Society of the D.C. Circuit
AWARDS / RANKINGS
  • Legal 500, Appellate Law, 2012-2013
  • Chambers USA, Appellate Law, 2011-2013
  • The American Lawyer, "Top 45 Under 45", 2011
  • The Best Lawyers in America, 2009-2014
  • Washington, D.C. Super Lawyers, Appellate, 2008-2013
  • The National Law Journal, "Top 40 Under 40", 2009 
  • The American Lawyer, "Fab Fifty" Litigator, 2007
  • Legal 500 US, Appellate and Supreme Court Litigation, 2007
  • Washingtonian, Top 40 Under 40, 2006
BAR ADMISSIONS / QUALIFICATIONS District of Columbia
COURT ADMISSIONS U.S. Supreme Court U.S. Court of Appeals, Federal Circuit U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Appeals, First Circuit U.S. Court of Appeals, Second Circuit U.S. Court of Appeals, Third Circuit U.S. Court of Appeals, Fourth Circuit U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, Sixth Circuit U.S. Court of Appeals, Seventh Circuit U.S. Court of Appeals, Eighth Circuit U.S. Court of Appeals, Ninth Circuit U.S. Court of Appeals, Tenth Circuit U.S. Court of Appeals, Eleventh Circuit District of Columbia Court of Appeals