Mitchell P. Reich

Mitchell P. Reich

Senior Associate
Washington, D.C.

Email mitchell.reich@​hoganlovells.com

Phone +1 202 637 5833

Fax +1 202 637 5910

Practice groupLitigation, Arbitration, and Employment

"How's this for pressure in your mid-20s: Mitchell Reich... [is] the first openly gay president of the [Harvard Law Review]."

Advocate, Forty Under Forty, 2011

Mitchell P. Reich focuses on Supreme Court and appellate litigation. He has argued in the Supreme Court, the federal courts of appeals, and federal district courts, representing clients ranging from a bankruptcy trustee to a nationwide class of asylum-seekers.

He has briefed over a dozen merits cases in the Supreme Court, including the team's significant victories in Maryland-National Capital Park & Planning Commission v. American Humanist Association and Bristol-Myers Squibb v. Superior Court. He successfully argued a Ninth Circuit appeal challenging President Trump's travel ban, and led the team that won a final judgment striking down a ban on asylum at the southern border.

Mitch's work spans a broad swathe of sectors, subject matters, and clients. He has briefed patent, bankruptcy, environmental, and class-action appeals; argued on behalf of clients opposing tariffs and the confirmation of an international arbitral award; and represented the Governor of Pennsylvania, the State of Hawaii, and the European Commission. As part of his pro bono practice, Mitch has served as counsel for civil rights claimants and death-row inmates and filed briefs in defense of the rights of immigrants, LGBT persons, and the wrongfully incarcerated.

Before joining Hogan Lovells, Mitch clerked for Associate Justice Elena Kagan of the U.S. Supreme Court and Chief Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. He also worked in the Department of Justice's Office of Legal Counsel, where he advised the White House, the attorney general, and federal agencies on questions of constitutional, statutory, and administrative law. Mitch teaches a class on constitutional litigation at Georgetown University Law Center, and his scholarship has been published in the Texas Law Review. He graduated magna cum laude from Harvard Law School, where he was president of the Harvard Law Review and a member of the winning team in the Ames Moot Court Competition.

Awards and recognitions

2019

Dispute Resolution: Appellate
Legal 500 US

Education and admissions

Education

J.D., Harvard Law School, magna cum laude, 2012

B.A., Yale University, magna cum laude, 2009

Bar admissions and qualifications

District of Columbia

New York

Court admissions

U.S. Supreme Court

U.S. Court of Appeals, First 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, Ninth Circuit

U.S. Court of Appeals, Eleventh Circuit

U.S. Court of Appeals, District of Columbia Circuit

U.S. Court of Appeals, Federal Circuit

U.S. District Court, District of Columbia

U.S. District Court, Eastern District of Michigan

U.S. District Court, Western District of Michigan

U.S. Court of International Trade

Representative experience

Briefed and argued a case in the Supreme Court (Rodriguez v. Federal Deposit Insurance Corporation) concerning the law governing ownership of consolidated tax refunds.

Briefed over a dozen merits cases in the Supreme Court over the past three Terms, including on major questions of tax, securities, education, and First Amendment law.

Successfully argued a Ninth Circuit appeal challenging the travel ban, and briefed challenges to the ban in the Supreme Court, the Ninth Circuit, and the District of Hawaii.

Led teams challenging two national restrictions on asylum, and argued motions for preliminary relief and summary judgment in both cases.

Served as lead counsel in 23(f) appeal on behalf of 19 defendants opposing certification of a 3-million-member, US$2bn RICO class action.

Briefed and argued an emergency challenge to tariffs on solar panels in the Court of International Trade.

Briefed and argued on behalf of the European Commission in opposing confirmation of an international arbitral award in the District Court for the District of Columbia.

Successfully briefed Second Circuit appeal in major pharmaceutical preemption case.

Briefed en banc Eleventh Circuit appeal concerning whether a violation of the Fair and Accurate Credit Transactions Act confers Article III standing.

Briefed and won Federal Circuit appeal in patent infringement suit against widely used software application.

Served as counsel for the country's leading anti-discrimination scholars in Supreme Court amicus briefs arguing that Title VII prohibits discrimination based on sexual orientation.

Successfully opposed certiorari and preserved decision striking down Pennsylvania congressional map as a partisan gerrymander.

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