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

Download Business Card

Experience

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) LISTEN

Bailey v. United States, 516 U.S. 137 (1995) LISTEN

Chavez v. Martinez 538 U.S. 760 (2003) LISTEN

Apellate 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

American Trucking Associations v. City of Los Angeles Brief for Petitioner

American Trucking Associations v. City of Los Angeles Reply Brief for Petitioner

American Trucking Associations v. City of Los Angeles Cert. Petition

American Trucking Associations v. City of Los Angeles Reply Brief for Petitioner

Amgen v. Hoechst Marion Roussel Cert. Petition

Amgen v. Hoechst Marion Roussel Reply Brief for Petitioner

APCC Services v. Sprint Communications Brief of Appellees

APCC Services v. Sprint Communications Petition for Rehearing

APCC Services v. Sprint Communications Cert. Petition

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 Cert. Petition

Apotex v. Unigene Laboratories Reply Brief for Petitioners

Armour v. City of Indianapolis Reply Brief for Petitioner

Armour v. City of Indianapolis Cert. Petition

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

Baltimore Scrap Corp. v. David J. Joseph Co. Reply Brief for Petitioner

Bank of America v. 203 N. La Salle St. P'ship Cert. Petition

Bank of America v. 203 N. La Salle St. P'ship Reply Brief for Petitioner

Bank of New York Mellon Trust Co., N.A. v. Official Unsecured Creditors' Committee Appellants' Reply Brief

Bank of New York Mellon Trust Co., N.A. v. Official Unsecured Creditors' Committee Appellant's Petition for Rehearing En Banc

Bank of New York Mellon Trust Co., N.A. v. Official Unsecured Creditors' Committee Appellant's Petition for Panel Rehearing

Bank of New York Trust Company, NA v. Pacific Lumber Company Appellant's Brief

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.

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 Cert. Petition

Carson City, Nevada v. Webb Reply Brief for Petitioner

DaimlerChrysler v. Olson Reply Brief for Petitioner

Deleware 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

EM Ltd. and NML Capital, Ltd., v. Republic of Argentina (order)Cert. Petition

EM Ltd. and NML Capital, Ltd., v. Republic of Argentina Reply 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

Global Crossing Telecommunications v. Metrophones Communications Brief for Respondent

Granholm v. Heald Amicus Brief of Members of the United States Congress

Harrison Central Appraisal District v. The Peoples Gas, Light and Coke Company Cert. Petition

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: Kensington Int'l Ltd. and Springfield Assoc. Brief for Petitioners

In re: Owens Corning Reply Brief for Appellant

In Re: Terrorist Attacks on September 11, 2001 Brief of Defendants-Appellees

Intel Corp. v. Advanced Micro Devices Amicus Brief of the U.S. Chamber of Commerce

Intel Corp. v. American Guarantee And Liability Insurance Co. Opening Brief of Appellant

Intel Corp. v. American Guarantee And Liability Insurance Co. Reply Brief of Appellant

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.

KSR International Co. v. Teleflex Inc. Amicus Brief

Laboratory Corporation of America v. Metabolite Laboratories Amicus Brief of The American Clinical Laboratory Association

Lanard Toys v. General Motors Corp. Cert. Petition

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

Liu v. Pearson Education Cert. Petition

Liu v. Pearson Education Reply Brief for Petitioner

Martinez v. Chavez Petition for Rehearing En Banc

Marx v. General Revenue Corporation Amicus Brief of ACA International in Support of Respondent

MasterCard International Inc. v. United States Reply Brief for Petitioner

MasterCard International Inc. v. United States Cert. Petition

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 Cert. petition

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 Brief for Petitioner

National R.R. Passenger Corp. v. Morgan Reply Brief for Petitioner

NML Capital, et. al. v. The Republic of Argentina Brief of Plaintiffs-Appellees

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 Brief for Appellants

Pharmacia v. Motor Carrier Services Reply Brief for Appellant

Sacramento v. Barden Cert. Petition

Sacramento v. Barden Reply Brief for Petitioners

Safeguard International Fund v. IFC Interconsult Cert. Petition

Safeguard International Fund v. IFC Interconsult Appendix to Cert. Petition

Safeguard International Fund v. IFC Interconsult Reply Brief for Petitioner

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

Southern Co. v. Alderson Amicus Brief of DaimlerChrysler

Southgate Master Fund v. United States Appellant's Brief

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

Sprint Communications & AT&T v. APCC Services Brief for Respondents

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 United Airlines, Inc.

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

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

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 Cert. Petition

Volvo Trucks North America v. Reeder-Simco GMC Reply Brief

Volvo Trucks North America v. Reeder-Simco GMC Brief for Petitioner

Volvo Trucks North America v. Reeder-Simco GMC Petitioner's Reply Brief (merits stage)

W.L. Gore & Associates v. Bard Cert. Petition

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

Yellow Transportation Inc. v. Michigan Amicus Brief in Support of Petitioner

Trial Memoranda

America Online, Inc. v. Netvision Audiotext, Inc. Amicus Brief 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)