J.D., cum laude, Harvard Law School, 1981
Executive Editor, Harvard Law Review
A.B., mathematics, Princeton University, 1978
District of Columbia
Associate (inactive) member, Virginia Bar
Roy T. Englert, Jr., Partner
Roy Englert is an appellate litigator. He has argued 20 cases in the Supreme Court of the United States, and will argue number 21 in the spring of 2016. 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 and bankruptcy matters, his appellate experience encompasses a wide range of other fields of law, including copyrights, Falce Claims Act, 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.
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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 high-dollar-value appeals in a Third Circuit bankruptcy case and a Second Circuit contract case. In re Trump Entertainment Resorts, ___ F.3d ___, No. 14-4807 (3d Cir. Jan. 15, 2016), aff’g 519 B.R. 76 (Bankr. D. Del. 2014); Chesapeake Energy Corp. v. The Bank of New York Mellon Trust Co., N.A., 773 F.3d 110 (2d Cir. 2014), on remand, 2015 WL 4191419 (S.D.N.Y. 2015), appeal pending, No. 15-cv-2366 (2d Cir.).
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, 557 U.S. 52 (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; Gavin Broady, Robbins Russell's Happy Warrior, Law360, June 24, 2014
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)