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740

Practice:

  • Supreme Court & Appellate

Kevin Arlyck Associated Law Professor

Washington, D.C.

Kevin has experience in a wide range of subject areas, including class actions, securities, bankruptcy, and patents. He has co-authored numerous appellate briefs, including briefs to the Supreme Court of the United States at the certiorari and merits stages, on subjects including consumer protection, Indian law, criminal forfeiture, federal court jurisdiction, and foreign sovereign immunity. Kevin has also engaged in strategic planning and motions practice at the trial stage in both federal and state courts.

Prior to joining Orrick, Kevin clerked for Associate Justice Sonia Sotomayor of the Supreme Court of the United States and Circuit Judge Robert Katzmann of the United States Court of Appeals for the Second Circuit. He has a Ph.D. in history from NYU, where he concentrated on the history of the federal courts in the early national period.

359313

Practice:

  • Supreme Court & Appellate

Alyssa Barnard-Yanni Senior Associate

New York

Her litigation work spans a wide range of subject areas, from complex commercial litigation to white collar criminal defense.  

At the trial level, Alyssa has drafted innumerable dispositive and evidentiary motions, served on criminal defense teams representing individual defendants from indictment through sentencing, and argued in both state and federal trial court.  At the appellate level, Alyssa has drafted filings of every stripe--writs of mandamus, petitions for discretionary review, amicus briefs, and of course merits appeals--and presented argument in state and federal courts of appeals.  Alyssa also advises clients on thorny issues outside of litigation, ranging from drafting white papers advocating against criminal charges to brainstorming ways to terminate a licensing agreement, and more.

Alyssa maintains an active pro bono practice focusing primarily on criminal law matters.  She recently secured reversal of an attempted robbery conviction based on insufficient evidence in the New York Appellate Division.  She has represented defendants in state-court appeals and petitioners for habeas relief in federal court; drafted cert- and merits-stage amicus briefs in the Supreme Court case Quarles v. United States; and co-drafted an amicus brief to the Second Circuit urging that failure to advise naturalized citizens of the denaturalization risks of a plea violates the Sixth Amendment.

Alyssa served as a law clerk to Justice Ruth Bader Ginsburg in the October 2019 Term. Before that, she clerked for Judge Alison J. Nathan on the U.S. District Court for the Southern District of New York and Judge Robert A. Katzmann on the U.S. Court of Appeals for the Second Circuit.

385172

Practice:

  • Supreme Court & Appellate
  • Complex Litigation & Dispute Resolution
  • Mass Torts & Product Liability
  • Life Sciences & HealthTech

Upnit K. Bhatti Senior Associate

Washington, D.C.

Upnit has served as litigation, trial, and appellate counsel for pharmaceutical, chemical, technology, cosmetics, and manufacturing companies. As a member of trial teams, she works on complex commercial matters to develop creative legal strategies for trial and subsequent appeals. As embedded counsel, Upnit takes the lead in drafting dispositive motions and pre- and post-trial filings and ensures that appellate issues are preserved. She has presented oral argument in state and federal courts and has co-authored countless briefs before state and federal trial and appellate courts, including the Supreme Court of the United States. In addition, Upnit maintains an active pro bono practice.

Prior to joining Orrick, Upnit focused on products liability and complex litigation work at Arnold & Porter LLP and a mid-size firm in Upstate New York. This included representing a consumer products company in the defense of thousands of personal injury cases in state and federal courts. She was the primary drafter of several motions and appellate briefs. She was also deeply involved in the firms’ pro bono practices and first chaired a trial dealing with First and Eighth Amendment claims.

Outside of the firm, Upnit serves on the Board of Directors of the DC Women’s Bar Association and serves as its Advocacy Committee Co-Chair. She is also a member of the Board of Directors of her law school’s Alumni Association.

Upnit previously clerked for the Honorable Theodore A. McKee of the Third Circuit Court of Appeals and interned for the Honorable Thérèse Wiley Dancks of the Northern District of New York. In law school, Upnit served as the Managing Editor of the Syracuse Law Review, and was an arguing member of the American Bar Association’s National Appellate Team. She received the Moot Court Honor Society’s Executive Director Award and the Syracuse Law Review Distinguished Leadership Award.

740

Practice:

  • Supreme Court & Appellate

Richard Bierschbach Associated Law Professor

New York

Richard has substantial experience advising clients across a wide range of cases, with particular focus on matters involving novel or complex constitutional, statutory, administrative, or other public-law issues, appeals, and legal and strategic counseling. A former law clerk to U.S. Supreme Court Justice Sandra Day O’Connor and to Judge A. Raymond Randolph on the D.C. Circuit, Richard served both as a Bristow Fellow in the U.S. Department of Justice’s Office of the Solicitor General and as an Attorney-Adviser in its Office of Legal Counsel. During that time, he regularly counseled federal government attorneys on appellate and legal strategy issues and provided written and oral advice to the White House, the Attorney General and other executive branch offices on a broad spectrum of constitutional, statutory, and regulatory questions. He also practiced as an appellate litigator in the New York office of Wilmer, Cutler & Pickering from 2001-03 and, more recently, as of counsel in the New York office of Gibson, Dunn & Crutcher. Before his appointment as Dean, he was a tenured professor at the Benjamin N. Cardozo School of Law, where he was Vice Dean from 2015-16.

Richard teaches and writes in the areas of administrative law, criminal justice, and corporations. His published work has appeared in the Yale Law Journal, the Michigan Law Review, the Virginia Law Review, the University of Pennsylvania Law Review, the Northwestern University Law Review, the Georgetown Law Journal, and the University of Minnesota Law Review, among other journals. He twice—in 2013 and 2015—received the Best Professor Award from Cardozo’s graduating class. He has been quoted on legal developments by The New York Times, The Wall Street Journal, CNN, ABC News, Slate, and other media.

740

Practice:

  • Supreme Court & Appellate

Thomas M. Bondy Senior Supreme Court Counsel

Washington, D.C.

As FBI Deputy General Counsel, Tom oversaw the Bureau’s nationwide civil litigation docket, including employment disputes, Freedom of Information Act cases, Constitutional tort suits, and an array of matters implicating law enforcement and national security equities. He supervised more than one hundred Office of General Counsel personnel, and advised the FBI’s Director, Deputy Director and other executive management officials regarding especially sensitive litigation issues.

Prior to serving at the FBI, Tom spent 25 years with the Department of Justice, Civil Division, Appellate Staff, as an appellate litigator and supervisor. In that capacity, he oversaw the court of appeals and Supreme Court work of the Appellate staff’s attorneys across the full range of U.S. government subject areas, including Constitutional issues, anti-terrorism and national security, Federal Tort Claims Act, False Claims Act, Bivens, personnel and federal labor relations, Freedom of Information Act, administrative law, attorney fees, and government benefits. Tom personally briefed and orally argued more than one hundred cases in all of the federal courts of appeals and several state appellate courts, and drafted dozens of U.S. Supreme Court merits briefs, amicus briefs, certiorari petitions, and oppositions to certiorari petitions. One of the principal architects of the Justice Department’s litigation strategy in high-stakes appeals, Tom was considered one of the agency’s go-to advocates.

Tom received the Justice Department’s John Marshall Award for outstanding appellate advocacy, as well as the Attorney General’s Award for furthering the interests of U.S. national security. He has served as an instructor at the Attorney General’s Advocacy Institute and is also an Adjunct Professor at American University’s Washington College of Law.

Before joining DOJ, Tom clerked for then-Judge (now retired U.S. Supreme Court Justice) Anthony Kennedy on the U.S. Court of Appeals for the Ninth Circuit.

336361

Practice:

  • Supreme Court & Appellate
  • Intellectual Property

Mel Bostwick Partner

Washington, D.C.

Mel’s practice capitalizes on two of her passions: technology and great writing. As an appellate lawyer, she has the opportunity to help companies protect their innovations and their intellectual property. She is adept at translating complex technology and intricate legal issues into a clear and simple presentation that judges of any background can understand. Mel brings these skills to bear in representing clients on appeal to the Federal Circuit and before the Supreme Court, and also in partnering with trial teams to address legal and strategic problems in district court, the ITC, and the PTAB. She also regularly advises technology clients on difficult IP and strategic issues facing their companies.

Mel also has the privilege of representing pro bono clients and is particularly passionate about using her Federal Circuit experience to help veterans in their appeals to the court.

Prior to joining Orrick, Mel was an associate at a litigation boutique in Washington, D.C., where she represented clients in trial and appellate litigation and before the Federal Communications Commission. Mel served as a law clerk to Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit and Judge Thomas B. Griffith of the U.S. Court of Appeals for the D.C. Circuit.

388972

Practice:

  • Supreme Court & Appellate
  • U.S. Supreme Court

Alexandra Bursak Senior Associate

New York

Alex's litigation work spans a range of subject areas, from copyright and patent law to questions of statutory interpretation and constitutional law. She has been the lead drafter of briefs and motions in federal and state courts of appeals and contributed to teams working in the U.S. Supreme Court and state and federal courts of all levels.

Alex maintains an active pro bono practice. Her scholarship has been cited by the U.S. Supreme Court. Before joining Orrick, she served as a law clerk to Judge Anthony Scirica of the U.S. Court of Appeals for the Third Circuit and Judge Cornelia Pillard of the U.S. Court of Appeals for the D.C. Circuit. She received her law degree from New York University School of Law.

302978_740x360

Practice:

  • Supreme Court & Appellate
  • Litigation & IP

Christopher J. Cariello Partner

New York

Chris has represented major ISPs in high-stakes copyright litigation, tech titans pushing the cutting edge, national retailers with key trademarks on the line, and global manufacturers facing class action risk. He has authored dozens of appellate briefs, winning results in federal and state courts of appeals and the U.S. Supreme Court. And he is a consummate team player when partnering with trial teams to craft winning legal strategies and themes, brief dispositive motions, win key legal and evidentiary rulings at trial, and construct a record with an eye towards appeal.

Chris is most passionate about the novel issues that arise at the intersection of tech and commerce, implicating the balance between creation, innovation, and competition. Whether it's the DMCA and copyright's intermediary liability doctrines, generative AI, data scraping, or trade secrets, he relishes litigating in the gray areas, presenting what the law ought to be as plain common sense. Chris also has a wealth of experience in class action defense in both trial and appellate courts, including several appellate victories defending the denial of class certification. And his broader experience includes bankruptcy, telecommunications, constitutional law, and various issues confronting Fintech companies.

Chris maintains an active pro bono practice. He led a team that prevailed in both federal district court and in the Second Circuit in one of the nation's most closely watched police transparency cases. The year before, he argued and won a precedent-setting parole appeal in New York’s Appellate Division on behalf of a former juvenile offender. And he has won victories for clients in immigration cases and cases presenting novel legal issues under freedom of information laws.

Prior to joining Orrick, Chris was a law clerk to Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit and Chief Judge Carol B. Amon of the U.S. District Court for the Eastern District of New York.

443236

Practice:

  • Supreme Court & Appellate

Kamilyn Choi Associate

Washington, D.C.

Before joining Orrick, Kamilyn was a law clerk on the U.S. Court of Appeals for the Fourth Circuit and a litigation associate at Cleary Gottlieb, where she focused on foreign-sovereign litigation and other cross-border matters.

Kamilyn is a graduate of Yale Law School, where she served on the officer board of the Yale Law Journal and as a member of the Lowenstein International Human Rights Clinic and the federal Indian law clinic.  As a member of the law school's appellate litigation clinic, Kamilyn argued before the U.S. Court of Appeals for the Third Circuit, securing a victory for an incarcerated appellant.

374760

Practice:

  • Supreme Court & Appellate

Abigail Colella Senior Associate

Washington, D.C.

Abby has authored briefs in the U.S. Supreme Court, federal courts of appeals, and federal and state trial courts. She specializes in communicating complex technological concepts to judges of all backgrounds, and her work spans a wide range of topics and industries—from cutting-edge patent issues to the intricacies of the DMCA.

Abby also represents internet and digital media companies in litigation related to online speech, with a particular focus on Section 230 of the Communications Decency Act. Her recent successes include arguing and winning a Ninth Circuit appeal raising novel state action issues.

Prior to joining Orrick, Abby served as a law clerk to Judge Timothy B. Dyk of the United States Court of Appeals for the Federal Circuit.

360434

Practice:

  • Cyber, Privacy & Data Innovation
  • Supreme Court & Appellate
  • Strategic Advisory & Government Enforcement (SAGE)

Thomas Fu Senior Associate

Washington, D.C.

Thomas's practice sits at the intersections of two of his passions: legal advocacy and data. He helps companies facing issues involving data privacy and security to translate the complex issues they face into a message that is persuasive and understandable to courts and regulators. Prior to joining Orrick, Thomas served as a law clerk for Justice Elena Kagan of the U.S Supreme Court and Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. Before that, Thomas received his J.D. and Masters in Mechanical Engineering from Stanford, where he helped teach and develop material for undergraduate computer science courses.

Nicholas Gonzalez Managing Associate

Los Angeles

Before joining Orrick, Nick clerked for the Honorable Michelle T. Friedland of the U.S. Court of Appeals for the Ninth Circuit and the Honorable Jon S. Tigar of the U.S. District Court for the Northern District of California. During law school, Nick was a member of the Stanford Supreme Court Litigation Clinic, where he co-drafted merits-stage briefs in Holguin-Hernandez v. United States (2020) and Seila v. CFPB (2020), and co-drafted the successful certiorari petition in Lange v. California (2021).