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.
JD, Yale Law School, 1990
AB, Harvard College, 1986
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.
- 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 sought rehearing and obtained reversal of adverse Fifth Circuit decision on fraudulent transfer issue in connection with Stanford Financial Ponzi scheme litigation, including briefing and argument to Texas Supreme Court on question certified by Fifth Circuit in grant of rehearing
- 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
Rankings and recognitions
- The Best Lawyers in America, Best Lawyers, 2008 - 2018
- Legal 500 US, recommended lawyer, Antitrust - Civil litigation/class actions: defense, The Legal 500, 2018
- Chambers USA, Nationwide: Appellate, Chambers & Partners, 2006 - 2017
- Litigation Star, United States: Appellate, Benchmark Litigation, 2013 - 2015
- Local Litigation Star, District of Columbia: Appellate, Benchmark Litigation, 2013 - 2017
- Washington, DC Super Lawyer, Appellate, Thomson Reuters, 2007 - 2017
- Top Supreme Court Advocates of the 21st Century, Journal of Legal Metrics, January 2013
- Fellow - Litigation Counsel of America
Author, "The Wrong Verdict on DNA Fingerprinting," Jurist, July 21, 2012
- Speaker, "U.S. Supreme Court Update," ABA Tort, Trial & Insurance Practice Section, May 2016
- Panelist, "The Foreign Sovereign Immunities Act at Forty: U.S. and International Perspectives," Institute for International Economic Law, Georgetown University Law Center, April 2016
- 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
Memberships and activities
- Master, Edward Coke American Appellate Inn of Court
On Thursday, September 10, the Second Circuit issued the second appellate decision interpreting the....
September 15, 2015
On August 3, 2015, the U.S. Environmental Protection Agency ("EPA") issued its final....
August 12, 2015