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Clients described John as an "incredibly talented" appellate lawyer in the 2012 edition of Chambers USA.
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John P. Elwood

Experience     |     Education     |     Recognition     |     Activities      |     Publications

Elwood, John P.

John, a partner in the firm’s Appellate practice group, has argued seven cases before the Supreme Court of the United States and argued before most federal courts of appeals. He has briefed and argued criminal and civil cases in “a broad cross-section of areas” (Chambers USA 2013), and has particular experience in the areas of environmental law, the False Claims Act, administrative law, government contracting, and federal criminal law. 

Before joining the firm, John served in senior-level positions in the U.S. Department of Justice. Beginning as an Assistant to the Solicitor General, and continuing with the firm, he has briefed more than eighteen merits cases before the Supreme Court of the United States, and has briefed approximately 135 cases at the certiorari stage. As the senior Deputy in the Office of Legal Counsel, he advised the White House and senior agency officials on a range of constitutional, statutory, and regulatory matters. John represented the Justice Department as an ex officio member of the U.S. Sentencing Commission and as a member of the Advisory Committee on Federal Rules of Criminal Procedure. He also has tried several cases in federal district court.

John’s appellate work has earned him recognition as one of Washington’s top Supreme Court lawyers in Washingtonian Magazine (2013), in The Legal 500 United States (2010, 2011, 2012, 2013), Chambers USA (2011, 2012, 2013), Washington, D.C. Super Lawyers (2012, 2013, 2014), and The Best Lawyers in America® (2013, 2014). Chambers USA reports that “[t]he much-admired John Elwood is praised for his advocacy skills before the federal courts of appeals and the Supreme Court” (2013), and describes John as “‘an ‘incredibly talented’ appellate lawyer” (2012), and “‘a much-loved and widely respected lawyer who is quick on his feet.'” (2010). John has received both the Attorney General’s Award for Exceptional Service and the Attorney General’s Award for Distinguished Service – the Justice Department's two top awards for lawyers. John is a member of the ABA's Standing Committee for Amicus Curiae Briefs, which oversees preparation of ABA briefs for filing before the Supreme Court and other courts.

Representative Experience
Cases in the Supreme Court of the United States
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  • In a pending case, persuaded the Supreme Court to grant review on an issue not involving a circuit split after the United States, in a Court-invited amicus brief, argued that certiorari should be denied
  • Rosemond v. United States, 572 U.S. ___ (2014).  Successfully argued that aiding and abetting liability requires proof defendant had advance notice of alleged confederate’s plans
  • Nevada Commission on Ethics v. Carrigan, 564 U.S. ___ (2011). Successfully argued that conflict of interest rules governing state officials do not infringe First Amendment speech rights
Cases in the Supreme Court of the United States while an Assistant to the Solicitor General
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  • Castle Rock v. Gonzales, 545 U.S. 748 (2005). Successfully argued that the holder of a restraining order lacks a procedural due process right to enforce the order
  • Yarborough v. Alvarado, 541 U.S. 652 (2004). Successfully argued that, on habeas review, courts need not consider a suspect’s age and previous law-enforcement history when determining his entitlement to Miranda warnings
  • Central Laborers’ Pension Fund v. Heinz, 541 U.S. 739 (2004). Argued that a pension fund had complied with the Employment Retirement Income Security Act (ERISA) when it temporarily disqualified certain pension holders from receiving benefits
Cases Argued in the Federal Courts of Appeals — Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, D.C. and Federal Circuits
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  • Successfully argued before the D.C. Circuit that internal investigation documents generated under a corporate compliance program were protected by attorney-client privilege, winning mandamus of district court decision ordering disclosure
  • Successfully argued before the Fifth Circuit that the federal government does not “provide” statutorily mandated telecom-company universal-service contributions within the meaning of the False Claims Act, winning reversal of district court’s denial of motion to dismiss
  • Successfully argued before the D.C. Circuit that petitioners lacked standing to challenge Federal Energy Regulatory Commission certification of natural gas pipeline
Federal District Court Litigation
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  • In patent infringement jury trial, co-author of successful motion for judgment notwithstanding the verdict resulting in vacatur of jury’s $18 million damage award and ruling that patent-in-suit was invalid
  • Member of litigation team currently representing a Chinese corporation in connection with a U.S. Department of Justice investigation and prosecution into the theft of trade secrets involving green energy technology
  • Co-counsel representing an elected state official charged with fraud
Other Noteworthy Litigation
  • In re Search of Rayburn House Office Building No. 2113, 434 F. Supp. 2d 3 (D.D.C. 2006).  Principal author of briefs successfully defending the search of the Capitol Hill office of then-United States Representative William Jefferson against a motion to suppress evidence under the Constitution’s Speech or Debate Clause
Additional Professional Experience
  • Adviser: University of Virginia School of Law Supreme Court Litigation Clinic
  • Testified before Congress four times on constitutional and statutory issues
  • Taught course entitled “Constitutional Law and the Supreme Court” at the George Washington University School of Law, Washington, D.C. (2001)
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • Yale Law School, J.D., 1993 (Senior Editor, Yale Law Journal)
  • King’s College, M.A. with distinction, first in class, 1990
  • Princeton University, A.B. summa cum laude, 1989 (Phi Beta Kappa)
  • Office of Legal Counsel, U.S. Department of Justice, Washington D.C., Deputy Assistant Attorney General, 2005 - 2009
  • Office of the Solicitor General, U.S. Department of Justice, Washington, D.C., Assistant to the Solicitor General, 2002 - 2005
  • Office of the Assistant Attorney General, Criminal Division, U.S. Department of Justice, Counselor to the Assistant Attorney General; represented the Department as an ex officio member of the United States Sentencing Commission, and as a member of the Advisory Committee on Federal Rules of Criminal Procedure, 2001 - 2002
  • Appellate Section, Criminal Division, U.S. Department of Justice, Attorney, 1994 - 1996; Special Assistant U.S. Attorney, U.S. Attorney’s Office for the Eastern District of Virginia, 1995
  • Law clerk to Associate Justice Anthony M. Kennedy, Supreme Court of the United States, 1996 - 1997; law clerk to Judge J. Daniel Mahoney, U.S. Court of Appeals for the Second Circuit, 1993 - 1994
  • Admitted to practice: Georgia, 1994; District of Columbia, 1996; Supreme Court of the United States; United States Courts of Appeals for the Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh and District of Columbia Circuits; U.S. District Court for the District of Columbia
Professional Recognition
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  • "Washington's Top Lawyers — Supreme Court," Washingtonian magazine, 2013 - 2014
  • Selected to the Washington, D.C. Super Lawyers list, Super Lawyers, 2012 - 2015
  • Euromoney's Benchmark Litigation - Appellate Litigation Star and Local Litigation Star: District of Columbia, 2012 - 2014
Activities and Affiliations
  • Member, ABA Standing Committee for Amicus Curiae Briefs
  • Fellow, Litigation Counsel of America 
  • Edward Bennett Williams Inn of Court; Edward Coke Appellate Inn of Court
Publications and Presentations
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John P. Elwood
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Clients described John as an "incredibly talented" appellate lawyer in the 2012 edition of Chambers USA.