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Dominic F. Perella
Partner, Washington, D.C.
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dominic.perella@hoganlovells.com

Dominic Perella concentrates his practice on Supreme Court and appellate litigation. Dom has briefed dozens of cases in the Supreme Court and the federal courts of appeals and has argued more than a half-dozen cases before, among other courts, the U.S. Court of Appeals for the D.C. Circuit and the U.S. Court of Appeals for the Sixth Circuit. 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, white-collar criminal appeals, ERISA, insurance law, and Indian law, among other areas. 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 health care case NFIB v. Sebelius. He subsequently has written and lectured widely on that case and the implications of the Sebelius decision. Dom also has developed a focus on communications law, and in that capacity has argued on behalf of cable industry clients and participated in rulemakings before the Federal Communications Commission.

Before joining our legal practice, 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.

REPRESENTATIVE EXPERIENCE
  • Briefed merits-stage Supreme Court cases for several major clients.
  • Drafted petition for certiorari in ERISA case for major firm client; certiorari was granted.
  • Successfully argued an appeal in the U.S. Court of Appeals for the D.C. Circuit regarding the Establishment Clause's application to the presidential inauguration.
  • Argued an appeal in the U.S. Court of Appeals for the Sixth Circuit regarding common-law fiduciary duty and automobile franchise law.  (Case remains pending.)
  • Successfully briefed a high-profile white-collar appeal before the U.S. Court of Appeals for the Second Circuit. Client's conviction was reversed.
  • 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. 
  • Led the briefing for a consortium of hospital association amici in a series of appeals relating to the Patient Protection and Affordable Care Act.
  • Led the drafting of merits-stage amicus briefs before the Supreme Court in numerous other high-profile cases, including Hollingsworth v. Perry (gay marriage), Maryland v. King (constitutionality of law enforcement DNA collection), Northwest Austin Municipal Utility District Number One v. Holder (constitutionality of the Voting Rights Act). 
  • Successfully argued a pair of contract law cases before the D.C. Court of Appeals.
  • 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

PRACTICES
Litigation and Arbitration
Technology, Media and Telecoms
Appellate
Administrative and Public Law
Commercial Litigation
Environmental Litigation
EDUCATION
J.D., summa cum laude, Order of the Coif, New York University School of Law, 2005 B.A., with honors, University of Virginia, 1997
MEMBERSHIPS
  • Member, Federal Communications Bar Association
BAR ADMISSIONS / QUALIFICATIONS District of Columbia Virginia
COURT ADMISSIONS U.S. Supreme Court U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Appeals, Second Circuit U.S. Court of Appeals, Fourth 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, Federal Circuit U.S. District Court, District of Columbia