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Neal Katyal
Partner, Washington, D.C.
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neal.katyal@hoganlovells.com

Neal Katyal focuses on appellate and complex litigation. He has extensive experience in matters of patent, securities, criminal, employment, tort, and constitutional law, and has orally argued 21 cases before the Supreme Court of the United States, with 19 of them in the last five years. He is already slated to be arguing four cases at the U.S. Supreme Court during this Term, and made his 21st oral argument at the Court in February in the Highmark patent case.

Prior to joining Hogan Lovells, Neal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against 8 states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, Neal was responsible for representing the federal government of the United States in all appellate matters before the U.S. Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the U.S. Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the U.S. Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.

Neal has also served as a law professor for 15 years at Georgetown University Law Center, where he was one of the youngest professors to have received tenure and a chaired professorship in the university's history. He was also Director of the Georgetown Center on National Security and the Law until his appointment to Principal Deputy Solicitor General at the Justice Department. Additionally, he served as a visiting professor at both Harvard and Yale Law Schools.

After graduating from Yale Law School, Neal clerked for The Honorable Guido Calabresi of the U.S. Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the U.S. Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.  Neal has published dozens of scholarly articles in law journals, as well as many op-ed articles in such publications as the New York Times and the Washington Post, and has testified numerous times before various committees of both the U.S. House of Representatives and the U.S. Senate.  

Neal is the recipient of the very highest award given to a civilian by the U.S. Department of Justice, the Edmund Randolph Award, which the Attorney General presented to him in 2011. The Chief Justice of the United States appointed him in 2011 to the Advisory Committee on Federal Appellate Rules. Additionally, he was named as One of the 40 Most Influential Lawyers of the Last Decade Nationwide by National Law Journal (2010); One of the 90 Greatest Washington Lawyers Over the Last 30 Years by Legal Times (2008); Lawyer of the Year by Lawyers USA (2006); Runner-Up for Lawyer of the Year by National Law Journal (2006); One of the Top 50 Litigators Nationwide 45 Years Old or Younger by American Lawyer (2007); and one of the top 500 lawyers in the country by LawDragon Magazine for each of the last six years. He also won the National Law Journal’s pro bono award in 2004.
After graduating from Yale Law School, he worked as a summer associate with Hogan Lovells' legacy law firm, Hogan & Hartson.

REPRESENTATIVE EXPERIENCE
Preemption/Mass Torts
  • Counsel of Record and oral advocate in Chamber of Commerce v. Whiting (2011) (United States Supreme Court) (challenge to Arizona immigration statutes)*
  • Counsel of Record and oral advocate in American Electric Power v. Connecticut (2011) (United States Supreme Court) (global warming and common law tort of nuisance/federal preemption)*
  • Counsel of Record for United States in Mazda v. Williamson (2011) (United States Supreme Court) (federal preemption of state safety belt standards)*

Data Privacy/Cyberlaw
  • Counsel of Record and oral advocate in NASA v. Nelson (2011) (United States Supreme Court) (privacy rights of employees)*
  • Counsel of Record and oral advocate in Quon v. City of Ontario (2010) (United States Supreme Court) (privacy rights over explicit text messages)*

Intellectual Property
  • Counsel of Record for United States in Microsoft Corp v. i4i Limited (2011) (United States Supreme Court) (whether patent challengers must establish invalidity by clear and convincing evidence)*
  • Counsel of Record for United States in Board of Trustees of Stanford University v. Roche Molecular Systems (2011) (United States Supreme Court) (interpretation of who owns inventions under the Bayh-Dole Act)*
  • Counsel of Record at certiorari stage for United States in Mayo Collaborative Services v. Prometheus (2011) (United States Supreme Court) (patentability of natural phenomena, medical tests)*
  • Counsel of Record at certiorari stage for United States in Kappos v. Hyatt (2011) (United States Supreme Court) (deference to PTO decisions on patentability in district courts)*
  • Counsel of Record and oral advocate for United States in Association for Molecular Genetics v. Myriad Genetics, Fed Cir (2011) (whether individual genes in the human genome can be patented)*

Government Contracts
  • Counsel of Record and oral advocate in General Dynamics v. United States (2011) (United States Supreme Court) (over $6 billion at stake, contractual dispute over A12 fighter)*
  • Counsel of Record for United States in Astra USA v. Santa Clara County (2011) (United States Supreme Court) (pharmaceutical pricing agreements and breach of contract actions)*

Labor/Employment
  • Counsel of Record and oral advocate in US Airways v. McCutchen (2012-13) (United States Supreme Court) (ERISA actions under rules of equity)
  • Counsel of Record and oral advocate in Genesis Health v. Symcyzk (2012-13) (United States Supreme Court) (Mooting of class actions under FRCP 68)
  • Counsel of Record and oral advocate in Lewis v. City of Chicago (2010) (United States Supreme Court) (statute of limitations for 20,000 person class action of firefighters)*
  • Counsel of Record and oral advocate in New Process Steel v. NLRB (2010) (United States Supreme Court) (quorum rules for NLRB)*
  • Counsel of Record for United States in Thompson v. North American Stainless (2011) (United States Supreme Court) (whether Title VII creates a cause of action for retaliation against third parties)*
  • Counsel of Record for United States in Kasten v. St-Gobain Performance Plastics Corp (2011) (United States Supreme Court) (Fair Labor Standards Act – scope of anti-retaliation provision)*
  • Counsel of Record and oral advocate in Engquist v. Oregon (2008) (United States Supreme Court) (intersection of employment law and equal protection law)*

Securities Regulation
  • Counsel of Record for United States in Erica P. John Fund v. Halliburton (2011) (United States Supreme Court) (class actions – loss causation and class certification)*
  • Counsel of Record for United States in Janus Capital Group v. First Derivative Traders (2011) (United States Supreme Court) (securities fraud – who makes an untrue statement)*
  • Counsel of Record for United States in Mattrixx Initiatives v. Siracusano (2011) (United States Supreme Court) (materiality in securities fraud)*

Some Others
  • Counsel of Record and oral advocate in Ashcroft v. Al Kidd (2011) (United States Supreme Court) (liability for Attorney General Ashcroft in allegedly authorizing abuses of civil liberties in the war on terror)*
  • Counsel of Record and oral advocate in Northwest Austin v. Holder (United States Supreme Court) (constitutionality of the Voting Rights Act of 1965)*
  • Counsel of Record and oral advocate in Hamdan v. Rumsfeld (2006) (United States Supreme Court) (constitutional and international law challenge to the military tribunals at Guantanamo)*
  • Counsel of Record and oral advocate in Thomas More Law Center v. Obama (6th Cir. 2011) (constitutional challenge to the new healthcare law, the Affordable Care Act)*
  • Counsel and oral advocate in Al Malaqi v. Gates (DC Cir. 2010) (habeas corpus rights for individuals detained in Afghanistan)*

*Matter handled prior to joining Hogan Lovells.

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

18 April 2013 "Supreme Court significantly limits reach of Alien Tort Statute." 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

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

24 October 2012 "Court to tackle "state action" for the first time in 20 years." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

Published Works
2012 "Academic Influence on the Court." 98 Virginia Law Review 1189 (2012)

2012 "Stochastic Constraint." Harvard Law Review

07 September 2011 "Courtside: Katyal's path to Hogan Lovells." Supreme Court Insider, The National Law Journal

2008 "The Surprisingly Stronger Case for the Legality of the NSA Surveillance Program: The FDR Precedent." Georgetown Law Faculty Papers, Georgetown University Law Center

11 July 2007 "The Terrorists' Court." Op-ed Contributors, The New York Times

27 April 2007 "Equality in the War on Terror." Vol. 59, No. 5, p. 1365, Stanford Law Review

27 March 2007 "Prosecution Complex." Opinion, The New York Times

27 January 2007 "We Want Tough Arguments." No. 4, Legal Times

16 November 2006 "Disregarding Foreign Relations Law." Vol. 116, p. 1230, Yale Law Journal

2006 "The Dark Side of Private Ordering: The Network\Community Harm of Crime." The Law and Economics of Cybersecurity

2006 "Internal Separation of Powers: Checking Today’s Most Dangerous Branch from Within." 115, The Yale Law Journal

2006 "Hamdan v. Rumsfeld." The Legal Academy Goes to Practice, Harvard Law Review

27 October 2005 "Enough Already: It's time to rein in special prosecutors."

2005 "Executive and Judicial Overreaction in the Guantanamo Cases.", Cato Supreme Court Review

2005 "Community Self Help." Georgetown Law Faculty Publications and Other Works. Paper 533., J.L. Econ. & Pol'y

13 January 2004 "Digital Architecture as Crime Control." Vol. 112, The Yale Law Journal

2004 "Sunsetting Judicial Opinions." Vol. 79, Page 1237, Notre Dame Law Review

2004 "Updating the Study of Punishment.", Stanford Law Review

2003 "The Promise and Precondition of Educational Autonomy." HeinOnline, Hastings Constitutional Law Quarterly

23 November 2002 "Conspiracy Theory." Vol. 112, Yale Law Journal

28 February 2002 "Waging War, Deciding Guilt: Trying the Constitutionality of the Military Tribunals." Vol. 111, No. 6, pp. 101-152, Yale Law Journal

04 December 2001 "Architecture as Crime Control." Vol. 111, Yale Law Journal

2001 "Legislative Constitutional Interpretation." Vol. 50:1335, Duke Law Journal

05 January 2001 "Criminal Law in Cyberspace." Vol. 149, University of Pennsylvania Law Review

04 January 1998 "Judges As Advice givers." Vol. 50, Stanford Law Review

09 August 1997 "Deterrence's Difficulty." Vol. 95, No. 8, Michigan Law Review

09 April 1995 "Our Unconventional Founding." Vol. 62, No. 2, The University of Chicago Law Review

PRACTICES
Litigation and Arbitration
Appellate
Intellectual Property
Health
Securities Litigation and Enforcement
EDUCATION
J.D., Yale Law School, 1995 A.B., with highest honors, Dartmouth College, 1991
AWARDS / RANKINGS
  • Legal 500, Appellate Law, 2013
  • Chambers USA, Appellate Law, 2013
BAR ADMISSIONS / QUALIFICATIONS District of Columbia
COURT ADMISSIONS District of Columbia Court of Appeals 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, Tenth Circuit U.S. Court of Appeals, Federal Circuit U.S. Supreme Court U.S. District Court, Western District of Washington