Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

Daniel N. Lerman

Education:

J.D., magna cum laude, Georgetown University Law Center, 2008

Dean’s Scholarship (full-tuition)

Symposium Editor, Georgetown Law Journal

Domestic Violence Clinic

Ph.D., University of Chicago, 2003

Genetics and Molecular Biology

B.A., magna cum laude, Brown University, 1996

Phi Beta Kappa

Honors and Senior Prize in Biology

Contact:

Tel: 202.775.4518
Fax: 202.775.4510

Bar Associations

District of Columbia
Maryland

Daniel N. Lerman, Partner

Oral Arguments

American Trucking Associations, Inc., v. City of Los Angeles, 133 U.S. 2096 (2013) LISTENListen

Appellate Briefs

Apotex v. Allergan Cert. Petition
Apotex v. Allergan Reply Brief for Petitioners
Apotex v. Unigene Laboratories Reply Brief for Petitioners
Armour v. City of Indianapolis Brief for Petitioners
Armour v. City of Indianapolis Reply Brief for Petitioners
Armour v. City of Indianapolis Reply Brief for Petitioner
Bauman v. Daimlerchrysler Amicus Brief of Federation of German Industries and Assoc. of German Chambers of Industry
Class v. United States Amicus Brief in Support of Petitioner (Merits Stage)
Class v. United States Amicus Brief in Support of Petitioner
Goodyear Luxembourg Tires v. Brown Amicus Brief of The Product Liability Advisory Council, Inc.
Impression Products v. Lexmark International Amicus Brief in Support of Petitioner (Cert. Stage)
Impression Products v. Lexmark International Amicus Brief in Support of Petitioner (Merits Stage)
In re: Tribune Company Fraudulent Conveyance Litigation Response & Reply Brief of Plaintiffs-Appellants-Cross-Appellees
J. McIntyre Machinery v. Nicastro Amicus Brief of The Product Liability Advisory Council, Inc.
King v. Burwell Amicus Brief in Support of Respondents
Marx v. General Revenue Corporation Amicus Brief of ACA International in Support of Respondent
Microsoft Corp. v. I4I Ltd. Amicus Brief of Apotex Inc.
United States v. Clay Reply Brief for Defendant-Appellant
United States v. Clay Brief for Defendant-Appellant

Trial Memoranda

Grocery Manufacturers Association, et al. v. Sorrell, et al. Defendants' Memorandum in Support of Motion to Dismiss
Grocery Manufacturers Association, et al. v. Sorrell, et al. Defendants' Reply Brief in Support of Motion to Dismiss
Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell, et al. Plaintiff's Reply in Support of Motion for Summary Judgment

Daniel N. Lerman is an appellate and trial litigator. He has briefed a wide range of cases in the Supreme Court of the United States, including American Trucking Associations, Inc., v. City of Los Angeles, 133 S. Ct. 2096 (2013), a federal preemption case that he argued and won.  He has represented companies and individuals in federal and state matters involving a host of issues, including constitutional law, bankruptcy law, intellectual property law, environmental law, consumer protection law, securities law, administrative law, and criminal law.

Dan served as a law clerk to the Honorable David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit and the Honorable William C. Bryson of the U.S. Court of Appeals for the Federal Circuit

Representative matters include:

  • Briefed and presented oral argument in American Trucking Associations, Inc., v. City of Los Angeles, 133 S. Ct. 2096 (2013), in which the Court unanimously held that requirements imposed by the Port of Los Angeles on drayage trucks were preempted by the Federal Aviation Administration Authorization Act of 1994.

  • Defended a Fortune 500 hospital company against a $900 million securities class action, including briefing a successful motion to dismiss.

  • Represented a health-care executive in sentencing proceedings after his conviction and on appeal.

  • Took and defended depositions in complex commercial litigation involving hundreds of millions of dollars.

  • Drafted the petition for certiorari and merits briefs in Armour v. City of Indianapolis, Ind., 556 U.S. 673 (2012), an equal-protection challenge to a municipal taxation scheme.

  • Represented an association of advanced energy companies in litigation over the Clean Power Plan, an EPA rule to reduce carbon emissions from power plants.

  • Defended the State of Vermont’s Act 120, which required the labeling of food made with genetic engineering, including drafting a motion to dismiss that resulted in dismissal of several claims and a successful opposition to a motion for a preliminary injunction.

  • Represented creditors in an appeal of a district court decision dismissing their fraudulent-conveyance claims arising out of the leveraged buyout of the Tribune Company.

  • Drafted amicus briefs in numerous Supreme Court cases, including Class v. United States, No. 16-424 (unconditional guilty pleas); Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189, 2017 WL 2322830 (patent exhaustion); King v. Burwell, 135 S. Ct. 2480 (2015) (Affordable Care Act); Marx v. General Revenue Corp., 133 S. Ct. 1166 (2013) (Fair Debt Collection Practices Act); Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (2011) (personal jurisdiction); and Microsoft Corp. v. i4i Ltd. Partnership, 564 U.S. 91 (2011) (patent invalidity defense).