Roy T. Englert, Jr.

Roy Englert is an appellate litigator. He has argued 21 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 and bankruptcy matters, his appellate experience encompasses a wide range of other fields of law, including copyrights, False 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 publicly 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. Roy works with the Appellate Litigation Clinic at the Georgetown University Law Center as an Adjunct Professor, and has done so every year but one since 2002. 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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• 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, 564 U.S. 462 (2011).

• Argued and won $4 billion appeal, pertaining to application of the Bankruptcy Code and principles of comity among nations to fraudulent transfers involving foreign feeder funds, on behalf of the trustee responsible for remedying the frauds committed by Bernard Madoff. In re Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, ___ F.3d ___, 2019 WL 903978 (2d Cir. Feb. 25, 2019).

• Argued and won high-dollar-value appeals in a Third Circuit bankruptcy case and a Second Circuit contract case. In re Trump Entertainment Resorts, 810 F.3d 161 (3d Cir. 2016); 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), aff’d, 837 F.3d 146 (2d Cir. 2016), cert. denied, 137 S. Ct. 1815 (2017).

• Represented creditors of the Republic of Argentina in lengthy litigation, involving multiple appeals and multiple cert. petitions, resulting ultimately in ten-figure payments to our clients in April 2016.

• 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).