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John received both the Attorney General’s Award for Exceptional Service and the Award for Distinguished Service – the Justice Department's two top awards for lawyers.
 
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John P. Elwood

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Elwood, John P.

Biography
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 130 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), 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. Mr. Elwood 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
  • 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
  • Borough of Duryea v. Guarnieri, 564 U.S. ___ (2011). Author of brief that successfully argued that a government employer’s allegedly retaliatory actions against an employee do not give rise to liability under the First Amendment’s Petition Clause unless the employee’s petition relates to a matter of public concern
Cases in the Supreme Court of the United States while an Assistant to the Solicitor General
  • 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
  • National Park Hospitality Assn. v. Dept. of the Interior, 538 U.S. 803 (2003). Successfully argued that a government contracting case brought under the Contract Disputes Act was not ripe for judicial resolution
  • Whitman v. Department of Transportation, 547 U.S. 512 (2006). Principal author of brief arguing that the Civil Service Reform Act did not permit suit for certain employment grievances
  • Raytheon v. Hernandez, 540 U.S. 44 (2003). Principal author of amicus brief arguing that the Americans with Disabilities Act permits employers to take adverse action because of misconduct related to drug or alcohol addiction
  • Chavez v. Martinez, 538 U.S. 760 (2003). Principal author of amicus brief arguing that a suspect’s Fifth Amendment right against self-incrimination is not violated unless his coerced statements are used against him in a criminal case
  • Ewing v. California, 538 U.S. 11 (2003). Principal author of amicus brief defending the constitutionality of California’s “Three Strikes” sentencing law
Cases Argued in the Federal Courts of Appeals — Third, Fourth, Fifth, Seventh, Eighth, Ninth, Eleventh, D.C. and Federal Circuits
  • Before the Third Circuit, successfully argued for the dismissal of Clean Air Act enforcement action brought by EPA and several states seeking to require the former owners of a coal-fired power plant to pay for the installation of billion-dollar pollution controls; the court denied EPA and states’ petitions for rehearing en banc
  • Before the Federal Circuit, successfully argued on behalf of a government contractor for (1) dismissal of False Claims Act and Special Plea in Fraud claims, and against imposition of common-law fraud liability, based on employees’ unauthorized receipt of kickbacks, and (2) for an increase in the contractor’s base fee
  • In case now pending before the D.C. Circuit, argued on behalf of natural gas pipeline company defending challenge to Federal Energy Regulatory Commission certificate order for new natural gas pipeline serving New York City
  • In a question of first impression in the Eleventh Circuit, successfully argued that a foundry that had settled its liability with EPA was not subject to a private party's cost recovery action under  § 107 of CERCLA
  • United States v. Perez, 116 F.3d 840 (9th Cir. 1997) (en banc). Successfully argued before the en banc court, as a government attorney, that omission of an element of the offense from the jury instructions did not warrant overturning the conviction
Federal District Court Litigation
  • In patent infringement jury trial, co-author of motion for judgment notwithstanding the verdict successfully arguing that patent-in-suit was invalid, resulting in vacatur of jury’s $18 million damage award
  • 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
  • Co-counsel representing a defense attorney charged with criminal contempt arising out of his conduct during a federal criminal trial
  • Lead or sole counsel in numerous criminal trials as Special Assistant U.S. Attorney
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, Eleventh and District of Columbia Circuits; U.S. District Court for the District of Columbia
Professional Recognition
  • "Washington's Top Lawyers — Supreme Court," Washingtonian magazine, 2013
  • Recognized in Washington, D.C. Super Lawyers, 2012 and 2013
  • Euromoney's Benchmark Litigation - Appellate Litigation Star and Local Litigation Star: District of Columbia, 2012 - 2014
  • Euromoney's Benchmark Appellate - District of Columbia Litigation Star, 2012 and 2013
  • Chambers USA: America's Leading Lawyers for Business in appellate law (National), 2011 - 2013
  • Legal 500 U.S. in appellate law, 2010 - 2013
  • The Best Lawyers in America® in appellate practice, 2013 and 2014
  • Attorney General’s Award for Distinguished Service, 2005
  • Attorney General’s Award for Exceptional Service, 2002
Activities and Affiliations
  • Member, ABA Standing Committee for Amicus Curiae Briefs
  • 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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John received both the Attorney General’s Award for Exceptional Service and the Award for Distinguished Service – the Justice Department's two top awards for lawyers.