Jonathan S. Franklin

Head of Appellate, United States

Jonathan S. Franklin

Washington, DC

T:+1 202 662 0466

F:+1 202 662 4643

Jonathan Franklin is Head of Appellate, United States.

Jonathan has argued seven cases before the US Supreme Court, has served as counsel on the merits in fifteen cases argued before the Court, and has represented parties and amici curiae in numerous other cases at the certiorari and merits stages. 

Jonathan has also argued numerous cases in Federal Circuit Courts throughout the country, and he has significant experience in administrative and trial level proceedings. His cases have involved a wide range of issues, including constitutional law, administrative law and procedure, foreign sovereign immunity, and intellectual property, contract, tort, civil rights, insurance, antitrust, labor, telecommunications and international law. He has extensive experience litigating patent and other intellectual property appeals before the US Court of Appeals for the Federal Circuit and the Supreme Court.

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  • Education

    1990 -  J.D., Yale Law School
    1986 - A.B., Harvard College

    Jonathan served as a law clerk for the Honorable Anthony J. Scirica of the United States Court of Appeals for the Third Circuit. He is admitted before the US Supreme Court; the US Courts of Appeal for the District of Columbia, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh and Federal Circuits; and the US District Courts for the District of Columbia and Eastern District of Texas.

  • Representative experience
    • Successfully briefed and argued a case in which the Supreme Court reversed a Ninth Circuit decision and held that employees of a company that manages prisons for the Federal government cannot be sued in damages for alleged violations of the Eighth Amendment
    • Successfully briefed and argued a case on behalf of a foreign government in which the Supreme Court unanimously reversed the D.C. Circuit and held that the client was entitled to sovereign immunity against a category of claims seeking billions of dollars in damages
    • Successfully briefed and argued a case in which the Supreme Court unanimously invalidated a Missouri law that would have imposed negative ballot labels on candidates for Congress who did not vote for a particular federal constitutional amendment or pledge to do so
    • Successfully sought certiorari and represented state government party in a major environmental case before the Supreme Court, in which the Court reversed a decision that had invalidated permits needed for an important mining project.
    • Successfully represented energy company in patent appeal before the Federal Circuit in which the court reversed a district court's grant of judgment as a matter of law, and reinstated a jury verdict.
    • Argued an en banc appeal before the Ninth Circuit, in which the court invalidated the authority of the Immigration and Naturalization Service to strip naturalized citizens of their citizenship through an administrative process
    • Successfully represented major insurance company in appeals on coverage issues in both federal and state courts
    • Represented a technology company in a successful appeal before the Federal Circuit in a major patent case
    • Successfully represented airlines in administrative proceedings and before the D.C. Circuit in a dispute over the proper fees to be charged for the use of the Nation's airports
    • Successfully represented two foreign governments in cases brought under the Foreign Sovereign Immunities Act
    • Litigated two copyright cases before the Supreme Court, in which the Court ruled unanimously in favor of the firm's clients
  • Professional activities
    • Edward Coke American Appellate Inn of Court, Barrister Member
  • Professional honors
    • The Best Lawyers in America - appellate, Best Lawyers (2008 - 2014)
    • Chambers USA - Litigation: Appellate, Chambers and Partners (2006 - 2013)
    • Litigation Star - United States: Appellate, Benchmark Litigation (2013 - 2014)
    • Local Litigation Star - District of Columbia: Appellate, Benchmark Litigation (2013 - 2014)
    • Washington, D.C. Super Lawyer - Appellate, Thomson Reuters (2007 - 2013)
    • Recognized as one of the Top Supreme Court Advocates of the 21st Century (January 2013)
  • Speaking engagements
    • Speaker, "U.S. Supreme Court Update," Texas Advanced Civil Appellate Practice Course, September 2012
    • Speaker, "The Health Care Reform Cases:  The Court Speaks on the Limits of Congressional Power," American Bar Association Annual Meeting, August 2012
    • Panelist, "Appellate Annual Review: Cases that Matter to Business from the U.S. Supreme Court," Fulbright & Jaworski L.L.P. CLE Seminar, Houston, Texas, October 2011
    • Co-presenter, "Class Actions: Implications of Recent Supreme Court Decisions," Fulbright & Jaworski L.L.P. Web Seminar, June 30, 2011
    • "Representing Foreign Sovereigns: The Intersection of Law, Policy and Diplomacy," Global Law Scholars Seminar, Georgetown University Law Center, October, 2009
    • "Pre-emption and the Roberts Court," Federal Bar Council, Bench & Bar Retreat, October 2008
    • "LabCorp v. Metabolite: Litigating a Case in the U.S. Supreme Court," Edward D. Manzo Scholar in Patent Law Lecture, Depaul University College of Law, February 2007
    • "The 2006 U.S Supreme Court Term," Washington Legal Foundation Media Briefings, September, 2006
    • "Appellate Advocacy," Federal Circuit Bar Association, Bench & Bar Conference, July 2006
  • Publications

    Author, "The Wrong Verdict on DNA Fingerprinting," Jurist, July 21, 2012

  • Licenses
    • Washington D.C. Bar License