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

Roy T. Englert, Jr.

Education:

J.D., cum laude, Harvard Law School, 1981

Executive Editor, Harvard Law Review

A.B., mathematics, Princeton University, 1978

Contact:

Tel: 202.775.4503
Fax: 202.775.4510

Bar Associations

District of Columbia

Associate (inactive) member, Virginia Bar

Roy T. Englert, Jr., Partner

Oral Arguments

American Nat'l Red Cross v. S.G., 505 U.S. 247 (1992) LISTENListen
Bailey v. United States, 516 U.S. 137 (1995) LISTENListen

Appellate Briefs

Access Now v. Southwest Amicus Brief of Air Transport Association of America, Inc.
Aetna Health, Inc. v. Juan Davila Brief for Petitioner
Aetna Health, Inc. v. Juan Davila Reply Brief for Petitioner
American Bankers Ins. Co. v. Alexander Amicus Brief of the U.S. Chamber of Commerce
American Mfrs. Mut. Ins. Co. v. Sullivan Reply Brief (petition stage)
American Mfrs. Mut. Ins. Co. v. Sullivan Reply Brief for Petitioners (merits stage)
American National Insurance Co. v. Bratcher Amicus Brief of the U.S. Chamber of Commerce
American Trucking Associations v. City of Los Angeles Supplemental Brief for Petitioner
Amgen v. Hoechst Marion Roussel Reply Brief for Petitioner
Apotex v. Allergan Cert. Petition
Apotex v. Allergan Reply Brief for Petitioners
Apotex v. Sanofi-Synthelabo Reply Brief for Petitioners
Apotex v. Sebelius Cert. Petition
Apotex v. Sebelius Reply Brief for Petitioner
Apotex v. Unigene Laboratories Reply Brief for Petitioners
Armour v. City of Indianapolis Reply Brief for Petitioner
Armour v. City of Indianapolis Brief for Petitioners
Armour v. City of Indianapolis Reply Brief for Petitioners
AT&T Mobility v. Concepcion Amicus Brief of the US Chamber of Commerce
AT&T v. RLH Industries Amicus Brief of the U.S. Chamber of Commerce and Verizon Communications
AT&T v. United States Amicus Brief of the National Defense Industrial Association and the Government Electronics and Information Technology Association
Bailey v. United States Reply Brief for Petitioners
Barnes v. Gorman Reply Brief for Petitioners (merits stage)
Barnes v. Gorman Merits Brief for Petitioners
Bell Atlantic v. Twombly Brief of the U.S. Chamber of Commerce and Others.(merits stage)
Bell Atlantic v. Twombly Amicus Brief of the U. S. Chamber of Commerce, CTIA – The Wireless Association, The Alliance of Automobile Manufacturers, Northwest Airlines, Inc., and United Air Lines, Inc.
Bemont Investments, L.L.C. v. United States of America Brief for Appellees/Cross Appellants
Benham v. Lenox Savings Bank Brief for Appellant
Benham v. Lenox Savings Bank Reply Brief for Appellant
Brokerage Concepts, Inc. v. U.S. Healthcare, Inc. Opening Brief for U.S. Healthcare, Inc.
California Dental Assoc. v. FTC Amicus Brief for the National Collegiate Athletic Association
California Department of Water Resources v. Powerex Corp. Amicus Brief for the Province of British Columbia
Caraco Pharmaceutical Laboratories v. Novo Nordisk Amicus Brief of The Generic Pharmaceutical Association
Caraco Pharmaceutical Laboratories v. Novo NordiskNo. 10-844 (U.S.) (pending) Amicus Brief of The Generic Pharmaceutical Association
Carson City, Nevada v. Webb Reply Brief for Petitioner
DaimlerChrysler v. Olson Reply Brief for Petitioner
Delaware Coalition for Open Government v. Strine Amicus Brief of the US Chamber of Commerce
District of Columbia v. Beretta U.S.A. Amicus Brief for the National Association of Manufacturers
eBay and Half.com v. MercExchange Amicus Brief of Rembrandt IP Management, LLC
Eldred v. Ashcroft Amicus Brief
Encarnacion v. Astrue Cert. Petition
Engine Manufacturers v. South Coast Amicus Brief of The American Trucking Associations, et al.
Excel Corporation v. Kriefall 541 U.S. Amicus Brief and Motion of the American Meat Institute and Others
F. Hoffmann-LaRoche v. Empagran Amicus Brief of the U.S. Chamber of Commerce
F. Hoffmann-LaRoche v. Empagran Amicus Brief of the U.S. Chamber of Commerce and the Organization for International Investment
Feesers v. Michael Foods Brief of Appellant
Feesers v. Michael Foods Reply Brief of Appellant
Feesers v. Michael Foods Respondents' Brief in Opposition
First American Financial v. Edwards Amicus Brief of the American Land Title Association
Granholm v. Heald Amicus Brief of Members of the United States Congress
Hillside Dairy v. Lyons Supplemental Brief for Petitioners
Hillside Dairy v. Lyons Brief for Petitioners
In re: Initial Public Offering Securities Litigation Amicus Brief of the U.S. Chamber of Commerce
In Re: Kaiser Aluminum Corp. Brief for Appellants
In Re: Kaiser Aluminum Corp. Reply Brief for Appellants
In re: Kensington Int'l Ltd. and Springfield Assoc. Emergency Petition for a Writ of Mandamus
In re: Owens Corning Reply Brief for Appellant
In Re: Terrorist Attacks on September 11, 2001 Brief of Defendants-Appellees
In re: Tribune Company Fraudulent Conveyance Litigation Response & Reply Brief of Plaintiffs-Appellants-Cross-Appellees
Intel Corp. v. Advanced Micro Devices Amicus Brief of the U.S. Chamber of Commerce
Janus Capital Management v. First Derivative Traders Amicus Brief the Center for Audit Quality
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.
Laboratory Corporation of America v. Metabolite Laboratories Amicus Brief of The American Clinical Laboratory Association
Lanard Toys v. General Motors Corp. Reply Brief for Petitioners
Lawrence v. Texas Amicus Brief of Professors of History in Support of Petitioners
Leegin Creative Leather Products v. PSKS, Inc. Amicus Brief of CTIA – The Wireless Association
Leegin Creative Leather Products v. PSKS, Inc. Amicus Brief of CTIA – The Wireless Association
Liu v. Pearson Education Reply Brief for Petitioner
Liu v. Pearson Education Cert. Petition
Martinez v. Chavez Petition for Rehearing En Banc
Marx v. General Revenue Corporation Amicus Brief of ACA International in Support of Respondent
Mayo v. Prometheus Laboratories Brief of Quest Diagnostics Incorporated and Others in Support of Petitioners
McMonagle v. Credit Suisse First Boston Brief in Opposition to Cert.
Merck & Co. v. Teva Pharmaceuticals USA Reply Brief for Petitioner
Merck & Co. v. United States Amicus Brief of the U.S. Chamber of Commerce
Microsoft Corp. v. I4I Ltd. Amicus Brief of Apotex Inc.
Morgan Stanley Capital Group and Calpine Energy Services v. Public Utility Amicus Brief of The International Swaps and Derivatives Association, Inc., and The Financial Institutions Energy Group
National R.R. Passenger Corp. v. Morgan Reply Brief for Petitioner
NYNEX Corp. v. Discon, Inc. Amicus Brief of the American Automobile Mfrs. Ass'n
Pacific Management v. Mayer Brown LLP Amicus Brief of the U.S. Chamber of Commerce
Pharmacia v. Motor Carrier Services Reply Brief for Appellant
Republic of Argentina v. NML Capital, Ltd. Brief of Amicus Curiae Aurelius Entities in Support of Respondent
Republic of Argentina v. NML Capital, Ltd., et al. Brief for the Aurelius Respondents in Opposition
Republic of Argentina v. NML Capital, Ltd., et al. Brief for the Aurelius Respondents in Opposition
Sacramento v. Barden Cert. Petition
Sacramento v. Barden Reply 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)
Schumacher v. Tyson Fresh Meats, Inc. Amicus Brief of the American Meat Institute and National Meat Association
Sempra Generation v. Public Utilities Commission of the State of California Amicus Brief of The International Swaps and Derivatives Association, Inc., and the Financial Institutions Energy Group
Shepard v. United States Amicus Brief of the National Association of Criminal Defense Lawyers
Smith v. Spisak Amicus Brief
Snowney v. Harrah's Entertainment, Inc. Amicus Brief of the U.S. Chamber of Commerce
Sorenson Communications, Inc. v. Federal Communications Commission Brief of the National Association of the Deaf as Amicus Curiae
Southern Co. v. Alderson Amicus Brief of DaimlerChrysler
Southgate Master Fund v. United States Appellant/Cross-Appellee's Response and Reply Brief
Spector v. Norwegian Cruise Line Amicus Brief of the U.S. Chamber of Commerce
Sprint Communications & AT&T v. APCC Services Brief for Respondents in Opposition
State Farm Mutual Auto. Ins. Co. v. Campbell Amicus Brief of the American Tort Reform Association
State Oil Co. v. Khan Amicus Brief of the American Automobile Mfrs. Ass'n et al.
Stern v. Marshall Brief for Respondent
Sutton v. United Airlines, Inc. Brief for Respondent
Teachers' Retirement System of Louisiana v. ACLN Application of BDO Seidman, LLP
Teachers' Retirement System of Louisiana v. ACLN Supplement to Application of BDO Seidman, LLP
Teachers' Retirement System of Louisiana v. ACLN Reply Brief of Defendant-Applicant BDO Seidman, LLP
Tesoro Hawaii Corp. et al. v. United States Amicus Brief of National Petrochemical & Refiners Ass'n in Support of Plaintiffs-Appellants
Tesoro Hawaii Corp. et al. v. United States Amicus Brief of the National Petrochemical & Refiners Association
Texaco, Inc. v. Dagher Amicus Brief of Verizon Communications Inc.
U.S. Healthcare Sys., Inc. v. Pa. Hosp. Ins. Co. Cert. Petition for U.S. Healthcare
U.S. Healthcare Sys., Inc. v. Pa. Hosp. Ins. Co. Reply Brief for U.S. Healthcare (petition stage)
United States v. Windsor Amicus Brief of Federalism Scholars
Visa U.S.A. Inc. v. WalMart Stores, Inc. Amicus Brief in Support of Petitioners
Volvo Trucks North America v. Reeder-Simco GMC Petitioner's Reply Brief (merits stage)
W.L. Gore & Associates v. Bard Reply Brief for Petitioner
Wal-Mart v. Dukes Amicus Brief of Intel Corporation (certiorari stage)
Wal-Mart v. Dukes Amicus Brief of Intel Corporation (merits stage)
Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Co. Amicus Brief of the U.S. Chamber of Commerce and the American Forest and Paper Association
Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Co. Amicus Brief of the U.S. Chamber of Commerce and the American Forest and Paper Association
Yellow Transportation Inc. v. Michigan Amicus Brief in Support of Petitioner

Trial Memoranda

America Online, Inc. v. Netvision Audiotext, Inc. Amicus Memorandum of Electronic Frontier Foundation in Support of Motions for Summary Judgment by Defendants
Calabrese et al. v. CSC Holdings et al. Memorandum of Law in Support of Motion to Dismiss
Calabrese et al. v. CSC Holdings et al. Reply Memorandum in Support of Motion to Dismiss

Roy Englert is an appellate litigator and antitrust lawyer. He has argued 20 cases in the Supreme Court of the United States. He has briefed many other cases in the Supreme Court and briefed and argued many cases in various lower appellate courts. Although Roy has particularly extensive experience in antitrust matters, his appellate experience encompasses a wide range of other fields of law, including bankruptcy, copyrights, separation of powers, patents, racketeering law (RICO), employment discrimination, foreign sovereign immunity, regulation of transportation industries, ERISA, milk regulation, and the death penalty and other criminal issues. Roy has written and spoken about techniques of appellate advocacy and about substantive issues of antitrust, bankruptcy, civil procedure, constitutional law, and employment discrimination.

Roy was a co-founder of Robbins Russell in 2001. For more than a decade before that, he was a partner in the Washington office of Mayer Brown. Before joining Mayer Brown, Roy was an Assistant to the Solicitor General from 1986 to 1989. He earlier worked at another Washington law firm and served as a law clerk on the United States Court of Appeals for the District of Columbia Circuit. Since 2002, Roy has worked with the Appellate Litigation Clinic at the Georgetown University Law Center as an Adjunct Professor. He has been a guest speaker at numerous other law schools, at ABA meetings, and at events sponsored by various organizations including the Chamber of Commerce of the United States of America and the Washington Legal Foundation.

Click here to view full resume.

Representative matters include:

  • Argued and won constitutional separation-of-powers challenge to statute giving broad powers to bankruptcy judges to hear and decide claims by debtors against creditors. Stern v. Marshall, 131 S. Ct. 2594 (2011).

  • Argued and won Robinson-Patman Act case decided in 2010 by the United States Court of Appeals for the Third Circuit, building on a Supreme Court decision from 2006 in a case that Roy also argued and won. Feesers, Inc. v. Michael Foods, Inc., 591 F.3d 191 (3d Cir. 2010); Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc., 546 U.S. 164 (2006).

  • Assisted the State of Alaska with its winning Supreme Court argument in a 2009 case involving a claim of a constitutional right to post-conviction DNA testing, and assisted the Commonwealth of Kentucky by arguing and winning a 2008 case involving a constitutional attack on the means used to carry out the death penalty by lethal injection. District Attorney’s Office v. Osborne, 129 S. Ct. 2308 (2009); Baze v. Rees, 553 U.S. 35 (2008).

  • Argued and won two different Supreme Court cases, decided in 2008 and 2007, involving the efforts of payphone service providers to collect millions of dollars in compensation from long-distance carriers. The Supreme Court decided issues pertaining to the existence of a private right of action under the Communications Act and to the Article III standing of assignees to pursue the providers’ claims in federal court. Sprint Communications Co. v. APCC Services, Inc., 554 U.S. 269 (2008); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., 550 U.S. 45 (2007).

  • Represented amici curiae in five different Supreme Court antitrust cases decided in a four-year period, all on the winning side.  Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007); Credit Suisse Securities (USA) LLC v. Billing, 551 U.S. 264 (2007); Bell Atlantic Corp. v. Twombly, 550 U. S. 554 (2007); Texaco, Inc. v. Dagher, 547 U.S. 1 (2006); F. Hoffmann LaRoche Ltd. v. Empagran, S.A., 542 U.S. 155 (2004).

  • Represented creditors of Owens Corning and its subsidiaries in multiple related appellate proceedings. First won a writ of mandamus, after presenting two Third Circuit arguments, to compel recusal of a trial judge. Then served as co-counsel with a leading bankruptcy practitioner who argued to the Third Circuit and obtained a reversal of a “substantive consolidation” ruling that had the effect of shifting approximately $1 billion of value among creditors. In re Owens Corning, 419 F.3d 195 (3d Cir. 2005), cert. denied, 547 U.S. 1123 (2006); In re Kensington International Ltd., 368 F.3d 289 (3d Cir. 2004); In re Kensington International Ltd., 353 F.3d 211 (3d Cir. 2003). See also In re Kensington International Ltd., 351 F.3d 97 (3d Cir. 2003) (order granting stay).

  • Argued and won two cases in the Supreme Court in the 1998-1999 Term, and again argued and won two cases in the Supreme Court in the 2002-2003 Term, in disparate fields of law (bankruptcy, Americans with Disabilities Act, RICO, and milk regulation). Bank of America National Trust & Savings Association v. 203 North LaSalle Street Partnership, 526 U.S. 434 (1999); Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999); Scheidler v. National Organization for Women, 537 U.S. 393 (2003); Hillside Dairy, Inc. v. Lyons, 539 U.S. 59 (2003).

Professional Activities, Publications and Honors:

  • Member (appointed by Chief Justice Roberts), Committee on Rules of Practice and Procedure of the Judicial Conference of the United States

  • Member, and President 2008-2009, Edward Coke Appellate Inn of Court

  • Fellow, American Academy of Appellate Lawyers

  • Former Member (2002-2010), Constitutional & Administrative Law Advisory Committee, National Chamber Litigation Center

  • Member, Outside Advisory Board, and frequent Moot Court Panelist, Georgetown Supreme Court Institute

  • Member, Program Committee, Supreme Court Historical Society

  • Moot Court Panelist, Supreme Court Seminar Faculty Member, and recipient, 2009 Supreme Court Seminar Special Recognition Award, National Association of Attorneys General

  • Profiled, Tony Mauro, A Firm Arguing Its Way to the Top, in Legal Times, Dec. 16, 2002, at 1; David F. Pike, Low-Key Supreme Court Litigator Wins High-Profile Case, in L.A. Daily Journal, Feb. 27, 2003, at 4; Jonathan Groner, Leading Lawyers: Twelve of the D.C. Area’s Go-To Appellate Litigators, in Legal Times, July 19, 2004, at 1, 29, 34; Leading Antitrust defence litigators – the best in the US, Global Competition Review, April 2006, at 12, 23

  • Listed as a leading lawyer in appellate litigation, Best Lawyers in America; Chambers USA: America’s Leading Lawyers for Business; Super Lawyers; The Legal 500; Benchmark: Litigation, The Guide to America’s Leading Litigation Firms and Attorneys.

  • Co-author with Andrew L. Frey, How to Write a Good Appellate Brief, in Litigation, Winter 1994, at 6, reprinted in ABA Section of Litigation, The Litigation Manual: Special Problems and Appeals (3d ed., John G. Koeltl & John Kiernan, eds., 1999)