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Partner, Washington, D.C.
Dominic Perella is a partner at Hogan Lovells and a member of the Supreme Court and appellate litigation team. Dom has presented argument in the U.S. Supreme Court and has argued more than a dozen other cases before the U.S. Courts of Appeals for the D.C. Circuit, Fourth Circuit, and Sixth Circuit, among other courts. He also has successfully briefed scores of cases in the Supreme Court and the federal courts of appeals; during October Term 2013 alone, he helped lead the briefing and litigation strategy in five merits Supreme Court cases. He writes a regular column on Supreme Court developments for msnbc.com.
In 2014, the National Law Journal named Dom to its prestigious "40 Under 40" list of Washington, D.C. Rising Stars. It wrote that "[w]hen it comes to capturing the attention of U.S. Supreme Court justices, Dominic Perella of Hogan Lovells has a magic touch. In the past three years, Perella has written winning briefs in five U.S. Supreme Court cases." Dom also has been listed as a Super Lawyers Rising Star, and he was named in the National Law Journal's Appellate Hot List in 2011 and 2012.
Dom's appellate practice has covered constitutional questions, Medicare regulation, patent law, copyright law, white-collar criminal appeals, ERISA, insurance law, and Indian law, among other areas. He has been successful not just in litigating cases before the Supreme Court, but in getting them there: He has been a lead author and editor of successful petitions for certiorari in each of the last three Supreme Court terms (in US Airways v. McCutchen, Highmark v. Allcare Health Management Systems, Inc., and ONEOK v. Learjet). In 2011-12, Dom served as lead author of the briefs filed by a consortium of the nation's leading hospital associations in the landmark Supreme Court healthcare case NFIB v. Sebelius. He subsequently has written and lectured widely on that case and the implications of the Sebelius decision, and he now is representing the nation's hospitals in the latest major Affordable Care Act case to reach the high court, King v. Burwell.
Before joining Hogan Lovells, Dom served as a judicial clerk to The Honorable Sandra L. Lynch, Chief Judge of the U.S. Court of Appeals for the First Circuit. Dom graduated summa cum laude from the New York University School of Law, where he was named a Butler Scholar and received the Law Review Association Award for second-highest GPA in the graduating class of 2005.
- Presented argument before the U.S. Supreme Court in Comptroller v. Wynne, No. 13-485, a case involving the scope of the dormant Commerce Clause's limitations on states' power to tax their residents. Case remains pending.
- Successfully briefed merits-stage Supreme Court case regarding fee awards in patent cases. (Highmark v. Allcare Health Management Systems, Inc., No. 12-1163.)
- Successfully briefed merits-stage Supreme Court case regarding union membership and the First Amendment. (Harris v. Quinn, No. 11-681.)
- Successfully briefed merits-stage Supreme Court case regarding equitable ERISA actions. (US Airways v. McCutchen, No. 11-1285.)
- Drafted petition for certiorari in McCutchen; certiorari was granted.
- Drafted petition for certiorari in Highmark; certiorari was granted.
- Led the drafting of merits-stage amicus briefs before the Supreme Court in numerous high-profile cases, including NFIB v. Sebelius (Affordable Care Act), Hollingsworth v. Perry (gay marriage), Maryland v. King (constitutionality of law enforcement DNA collection), and Northwest Austin Municipal Utility District Number One v. Holder (constitutionality of the Voting Rights Act).
- On behalf of a major client, filed a successful brief opposing certiorari in a case involving the scope of the Religious Freedom Restoration Act.
- On behalf of a major state university system, filed a successful brief opposing certiorari in a case involving the First Amendment protections enjoyed by student organizations.
- Successfully argued appeal in the U.S. Court of Appeals for the D.C. Circuit regarding the Establishment Clause's application to the presidential inauguration.
- Successfully argued appeal in the U.S. Court of Appeals for the Sixth Circuit regarding common-law fiduciary duty and automobile franchise law.
- Successfully argued appeal in the U.S. Court of Appeals for the D.C. Circuit regarding a novel question of FOIA law.
- Successfully argued appeal in the U.S. Court of Appeals for the Fourth Circuit regarding tortious interference and Virginia statutory rights of action.
- Successfully briefed a high-profile white-collar appeal before the U.S. Court of Appeals for the Second Circuit. Client's conviction was reversed.
- Successfully briefed three consolidated appeals on statutory interpretation issues on behalf of a cable industry client before the California Court of Appeal.
Hogan Lovells Publications
29 January 2013
"Hogan Lovells secures important victory for Maryland resident taxpayers with out-of-state income from pass-through entities." 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, but limits its Medicaid expansion; questions linger for federal power going forward." 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
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
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