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

Alan E. Untereiner

Education:

J.D., Yale Law School, 1988

Notes Editor, Yale Law Journal

University of Munich, Federal Republic of Germany, 1984-1985 (Rotary Scholarship)

A.B., magna cum laude, Harvard University, 1984

Phi Beta Kappa

Contact:

Tel: 202.775.4505
Fax: 202.775.4510

Bar Associations

District of Columbia

Pennsylvania

Alan E. Untereiner, Partner

Oral Arguments

Bailey v. United States, 516 U.S. 137 (1995) LISTENListen
Scheidler v. N.O.W., 547 U.S. 9 (2006) LISTENListen
Wilkinson v. Dotson, 544 U.S. 74 (2005) LISTENListen

Appellate Briefs

A & M Records, Inc. v. Napster, Inc. Opening Brief of Napster, Inc.
A & M Records, Inc. v. Napster, Inc. Reply Brief of Napster, Inc.
American Bankers Ins. Co. v. Alexander Amicus Brief of the U.S. Chamber of Commerce
American Cynamid Co. v. Geye Amicus Brief for CropLife America
American Mfrs. Mut. Ins. Co. v. Sullivan Reply Brief (petition stage)
American Mfrs. Mut. Ins. Co. v. Sullivan Opening Brief for Petitioners
American Mfrs. Mut. Ins. Co. v. Sullivan Reply Brief for Petitioners (merits stage)
American Trucking Associations v. City of Los Angeles Supplemental Brief for Petitioner
Apotex v. Allergan Cert. Petition
Apotex v. Allergan Reply Brief for Petitioners
Apotex v. Unigene Laboratories Reply Brief for Petitioners
Azar v. Prudential Ins. Co. Amicus Brief of the U.S. Chamber of Commerce
Bailey v. United States Reply Brief for Petitioners
Balintulo v. Daimler Amicus Brief of Federation of German Industries and others in Support of Defendants-Appellants
Balschmiter v. TD Auto Finance LLC Defendant-Respondent's Answer in Opposition to Rule 23(f) Petition
Barnes v. Gorman Reply Brief for Petitioners (merits stage)
Barnes v. Gorman Merits Brief for Petitioners
Barnes v. Gorman Cert. Petition
Barnes v. Gorman Reply Brief for Petitioners (petition stage)
BASF v. Peterson Motion for Leave to File Brief as Amicus Curiae and Brief in Support of Petitioner of the Product Liability Advisory Council, Inc.
Bauman v. Daimlerchrysler Amicus Brief of Federation of German Industries and Assoc. of German Chambers of Industry
Boston-Maine Airways Corp. v. Sheppard, Mullin, Richter & Hampton LLP Brief of Appellees Sheppard, Mullin, Richter & Hampton and John Fornaciari
Buckman Co. v. Plaintiffs' Legal Committee Reply Brief for Petitioner
Caplinger v. Medtronic, Inc. Amicus Brief of the Product Liability Advisory Council
Carson City, Nevada v. Webb Reply Brief for Petitioner
DaimlerChrysler v. Olson Cert. Petition
DaimlerChrysler v. Olson Reply Brief for Petitioner
Dassault Aviation v. Anderson Reply Brief for Petitioner
Degen v. United States Cert. Petition
Degen v. United States Reply Brief for Petitioner (petition stage)
Degen v. United States Reply Brief for Petitioner (merits stage)
Degen v. United States Brief for Petitioner
Dehoyos v. Allstate Corp. Amicus Brief of the U.S. Chamber of Commerce
District of Columbia v. Beretta U.S.A. Amicus Brief for the National Association of Manufacturers
Douglas v. Independent Living Center of Southern California, Inc. Amicus Brief of the U.S. Chamber of Commerce in Support of Respondents
Everett v. United States Cert. Petition
Excel Corporation v. Kriefall 541 U.S. Amicus Brief and Motion of the American Meat Institute and Others
Gagliardi v. American Suzuki Motor Corporation Amicus Brief and Motion of the U.S. Chamber of Commerce
Gator.com Corp. v. L.L. Bean, Inc. Amicus Brief of the U.S. Chamber of Commerce
Glover v. Philip Morris USA Amicus Brief of the U.S. Chamber of Commerce
Goodyear Luxembourg Tires v. Brown Amicus Brief of The Product Liability Advisory Council, Inc.
Harris v. Viegelahn Cert. Petition
Harris v. Viegelahn Reply Brief for the Petitioner
Harris v. Viegelahn Brief for the Petitioner
Harris v. Viegelahn Cert. Reply Brief for the Petitioner
Hohn v. United States Opening Brief
Hohn v. United States Reply Brief
Horien v. City of Rockford Reply Brief for Petitioner
Horn v. Thermo Cardiosystems Inc. Reply Brief for Defendant
Horn v. Thoratec Corp. Brief for Appellee
In Re: MPM Silicones, L.L.C. Opening Brief of Plaintiff-Appellant U.S. Bank National Association
In the Matter of MPM Silicones LLC Reply Brief of Plaintiff-Appellant
J. McIntyre Machinery v. Nicastro Amicus Brief of The Product Liability Advisory Council, Inc.
Kiobel v. Royal Dutch Petroleum Co. Amicus Brief of the Association of German Chambers of Industry, and Others in Support of Respondents
Kirtsaeng v. John Wiley & Sons Amicus Brief of Costco Corporation in Support of Petitioner
Koons Buick Pontiac GMC, Inc. v. Nigh Amicus Brief of the American Bankers Association et al.
Koons Buick Pontiac GMC, Inc. v. Nigh Amicus Brief of the American Bankers Association et al.
Kumho Tire Co. v. Carmichael Brief for Petitioners
Kumho Tire Co. v. Carmichael Reply Brief for Petitioners
Lawhorn-Davis v. Reassure America Life Insurance Co. Amicus Brief of the American Council of Life Insurers
Lawrence v. Texas Amicus Brief of Professors of History in Support of Petitioners
Leeper-Johnson v. Prudential Application for Leave to File Brief and Amicus Brief of American Council of Life Insurers
McLaughlin v. American Tobacco Company Amicus Brief of the U.S. Chamber of Commerce
Metro-Goldwyn-Mayer v. Grokster Amicus Brief of the Digital Media Association and Others
Mortensen v. Brown Motion of ACA International for Leave to File Brief as Amicus Curiae and Brief in Support of Petitioner
Nokia, Inc. v. Garrett Naquin Amicus Brief of the Product Liability Advisory Council, Inc.
Pacific Management v. Mayer Brown LLP Amicus Brief of the U.S. Chamber of Commerce
R.J. Reynolds Tobacco Co. v. Howard A. Engle Amicus Brief of the Product Liability Advisory Council, Inc.
Recording Industry Ass'n of America v. Charter Communications Amicus brief for SBC Internet Services, Inc. et al.
Rhyne v. K-Mart Corp. Amicus Brief and Motion of the U.S. Chamber of Commerce
Richards v. United States Cert. Petition
Sacramento v. Barden Cert. Petition
Sacramento v. Barden Reply Brief for Petitioners
SBC Internet Services, Inc. v. RIAA Opening Brief for Appellant
Scheidler v. N.O.W. Cert. Petition
Scheidler v. N.O.W. Reply Brief for Petitioners
Scheidler v. N.O.W. Brief for Petitioners
Scheidler v. N.O.W. Cert. Petition
Scheidler v. N.O.W. Cert. Petition
Scheidler v. N.O.W. Reply Brief for Petitioners
Scheidler v. N.O.W. Brief for Petitioners
Scheidler v. N.O.W. Reply Brief for Petitioners (Merits Stage)
Snowney v. Harrah's Entertainment, Inc. Amicus Brief of the U.S. Chamber of Commerce
Southern Co. v. Alderson Amicus Brief of DaimlerChrysler
Sprietsma v. Mercury Marine Amicus Brief of Product Liability Advisory Council
State Farm Mutual Auto. Ins. Co. v. Campbell Amicus Brief of the American Tort Reform Association
Tri-Union v. Fellner Amicus Brief of the U.S. Chamber of Commerce
United Seniors Association v. Philip Morris USA Amicus Brief of the U.S. Chamber of Commerce
Walker, et al. v. R.J. Reynolds Tobacco Co. Amicus Brief of the Product Liability Advisory Council, Inc.
Watters v. Wachovia Bank Amicus Brief of the U.S. Chamber of Commerce
Watts v. United States Reply Brief for Petitioner
Watts v. United States Supplemental Brief for Petitioner
Watts v. United States Brief of Petitioner-Appellant Darian Antwan Watts
Watts v. United States Reply Brief of Petitioner-Appellant Darian Antwan Watts
Wilkinson v. Dotson Brief for Respondent
Wyeth v. Levine Amicus Brief of the U.S. Chamber of Commerce

Trial Memoranda

United States v. Philip Morris USA Combined Motion For Reconsideration And Opposition to Government's Motion to Compel Compliance
United States v. Philip Morris USA Reply in Support of Motion for Reconsideration

Alan E. Untereiner is an appellate litigator who handles a wide range of civil and criminal appeals in the federal and state courts. Alan has represented product manufacturers and trade groups in the automobile, pharmaceutical, medical device, chemical, tobacco, and other industries in major appeals (including in the role of national coordinating counsel). He has also represented insurance companies, retailers, transportation companies, and financial institutions in a wide range of civil appeals and individuals in a variety of white-collar criminal cases as well as First Amendment and other constitutional cases. Alan has written and spoken extensively about Supreme Court practice, federal preemption, and the law of expert witnesses.

Before co-founding Robbins, Russell, Englert, Orseck & Untereiner LLP in 2001, Alan was a partner at Mayer, Brown & Platt from 1997-2001 and an associate with Onek, Klein & Farr, from 1989-1991. Alan served as Law Clerk to The Honorable J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit from 1988-1989.

 

Representative matters include:

  • Successfully argued three cases in the U.S. Supreme Court: Scheidler v. N.O.W. (Hobbs Act/RICO); Wilkinson v. Dotson (habeas corpus/Section 1983); and Bailey v. United States(federal firearm offenses).

  • Successfully litigated many other cases in the U.S. Supreme Court, including victories in The Buckman Co. v. Plaintiffs’ Legal Committee (federal preemption of state law); American Manufacturers Mutual Ins. Co. v. Sullivan (state action and procedural due process); and Kumho Tire Co. v. Carmichael (expert witnesses).

  • Alan is a member of the Product Liability Advisory Council and the Edward Coke Appellate Inn of Court. He has been recognized as a leading appellate practitioner by The Best Lawyers in America and by Chambers USA.

Professional Activities, Publications and Honors:

  • Member, Product Liability Advisory Council

  • Master, Edward Coke Appellate Inn of Court

  • Recognized as a leading appellate practitioner by The Best Lawyers in America and by Chambers USA

  • "Chapter 18: The Preemption Defense," in Product Liability Litigation (PLI 2009)

  • The Preemption Defense In Tort Actions: Law, Strategy, and Practice (2008)

  • "Appeals to the Supreme Court," in Business And Commercial Litigation In Federal Courts (Robert L. Haig, ed., West Group & ABA Section on Litigation, 1998 & Supp. 2000) (co-author)