Lawrence D.Rosenberg (Larry)

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For 25 years, Larry Rosenberg has tried cases and argued appeals throughout the country and has been lead counsel in numerous matters in the United States Supreme Court. He has considerable experience in regulatory, statutory and constitutional litigation, intellectual property, antitrust, international litigation, labor and employment, products liability, and securities litigation. Larry has litigated cases involving the U.S. Departments of Agriculture, Education, Energy, HHS, Homeland Security, Interior, Justice, State, and Transportation, as well as the EPA, EEOC, FAA, FCC, FDA, FERC, FTC, and USPS. He also has been counsel in more than 20 appeals in the Federal Circuit. His clients include American Airlines, American Electric Power, Bayer, Boehringer Ingelheim, CBS, Chevron, Cleveland Clinic Foundation, Cleveland Heart Lab, General Electric, Heraeus Medical, IBM, Lufthansa, Nokia, Pfizer, Procter & Gamble, Quorum Health, Stanford University, Texas Instruments, Trinity Broadcasting Network, and United Air Lines.

Larry is lead counsel for Chevron in a breach of contract lawsuit against the government, in which the U.S. Court of Federal Claims recently awarded Chevron almost $19 million, including a sanction against the government for bad-faith litigation conduct. He is lead counsel for Lufthansa in several actions related to patent infringement in which he won an appeal in the Ninth Circuit and in which the federal district court in Seattle, Washington, held Lufthansa's opponent in contempt. Larry recently won appeals in the Third and Seventh Circuits in Section 1782 discovery actions for Heraeus Medical and was lead counsel for seven airlines in successfully challenging an FAA rule.

Experience

  • Efrain Lora secures unanimous Supreme Court win for judicial discretion in criminal sentencingOn behalf of Efrain Lora, Jones Day urged the U.S. Supreme Court to resolve the confusion surrounding an important criminal sentencing statutory interpretation matter.
  • Citigroup obtains win in Ninth Circuit cross-appealsJones Day represented Citigroup Inc. in Ninth Circuit cross-appeals involving Salvador Villar, the former CEO of an affiliated bank, who was fired after an FDIC investigation revealed he engaged in misconduct.
  • Boehringer Ingelheim successfully defends FTC "pay-for-delay" investigationThe U.S. Federal Trade Commission ("FTC") ended an 11-year investigation into the settlements of two Hatch-Waxman patent infringement lawsuits between Jones Day's client, Boehringer Ingelheim Pharmaceuticals, Inc., and a generic drug manufacturer.
  • Retired federal employee obtains unanimous Supreme Court victory in decision barring discriminatory taxation of federal employeesJones Day obtained a unanimous victory in the U.S. Supreme Court in Dawson v. Steager, for a retired federal employee and his wife, in a case involving the intergovernmental tax immunity doctrine, the interpretation of which had divided state high courts.
  • Cleveland HeartLab acquired by Quest DiagnosticsJones Day advised Cleveland HeartLab, a leader in innovative diagnostic services for managing cardiovascular disease, in its acquisition by Quest Diagnostics.
  • Legal experts and policymakers file amicus brief cited in Fifth Circuit death penalty caseIn 2015, Jones Day filed an amicus curiae brief in the U.S. Court of Appeals for the Fifth Circuit, on behalf of a group of legal experts, conservative policymakers, and others opposed to the execution of a Texas death row inmate, Scott Panetti.
  • Investcorp International acquires Agromillora CatalanaJones Day advised Investcorp International Ltd. in its acquisition of a majority stake in Agromillora Catalana, S.A., parent holding company of an international group engaged in the production, propagation, and genetic development of woody trees species and rootstocks for agricultural use, from Nazca.
  • Akebia wins precedent-setting battle in Ninth Circuit over § 1782 discovery for use in foreign patent invalidity proceedingsOn behalf of Akebia Therapeutics, Inc. Jones Day obtained a precedent-setting decision from the Ninth Circuit to obtain key information for use in foreign patent opposition proceedings seeking to invalidate patents held by FibroGen, Inc.
  • Chevron successfully pursues federal court and administrative actions to challenge process for finalizing ownership interests at Elk Hills oil fieldJones Day successfully represented Chevron Corporation in several administrative proceedings and two trials in the U.S. Court of Federal Claims in matters relating to the administrative process established by the parties to finalize the government’s and Chevron’s ownership interests of the Elk Hills oil field near Bakersfield CA, the largest unitized oil field in North America.
  • Air cargo carriers participate in FAA rulemaking governing pilot rest and dutyJones Day separately represented air cargo operators United Parcel Service (UPS) and Southern Air in rulemaking proceedings before the FAA in which it overhauled the rules governing commercial airline pilot scheduling.
  • American Airlines prevails in D.C. Circuit appeal challenging TSA funding decisionIn 2002, the Transportation Security Administration (TSA) asked Jones Day client American Airlines, Inc. to incorporate an "in-line" baggage-screening system in its new terminal at JFK International Airport rather than a less expensive terminal lobby solution.
  • Bayer prevails in Supreme Court, ending federal Cipro antitrust class actionsOn March 7, 2011, the Supreme Court of the United States denied certiorari in In re Ciprofloxacin Hydrochloride Antitrust Litigation, bringing to an end an eleven-year battle between Jones Day client Bayer and antitrust class plaintiffs arising from a patent settlement concerning Bayer's popular antibiotic, Cipro.
  • Pro bono client's federal sentence reduced by several yearsIn March 2011, Jones Day, serving as pro bono counsel, successfully obtained a nearly five-year sentence reduction for federal inmate Jimmy Ray Valentine, based on amendments to the United States Sentencing Guidelines for drug offenses.
  • Jones Day New York associate argues pro bono appeal in the Sixth CircuitOn December 3, 2010, Issues & Appeals associate Teddy Rave argued a pro bono appeal in the Sixth Circuit on behalf of a prisoner bringing a § 1983 challenge to disciplinary proceedings invoked against him in retaliation for the exercise of his First Amendment rights.
  • Heraeus Kulzer GmbH wins battle in Third Circuit over critical informationJones Day successfully represented Heraeus Kulzer GmbH in an appeal to overturn the denial of Heraeus' petition for discovery in aid of foreign litigation.
  • CBS obtains summary judgment in age discrimination caseJones Day defended CBS Corporation against claims of age discrimination brought by former employees who lost their jobs during the 1990s as part of corporate downsizing and restructuring.
  • GE lodges Federal Circuit cross appeal seeking attorneys' fees in patent dispute with WhirlpoolJones Day represented General Electric in cross appeals pending before Federal Circuit.
  • Supreme Court victory for Cameroon immigrantOn October 5, 2009, Jones Day won a victory in the United States Supreme Court for our pro bono client, a political refugee from Cameroon.
  • Bayer wins summary judgment against pest control operators antitrust class actionJones Day client Bayer Corporation and Bayer CropScience, L.P. won summary judgment in a case brought as a nationwide antitrust class action by pest control operators who had purchased Premise, a termiticide that Bayer manufactures.
  • Seven major air carriers challenge FAA effort to adopt new regulations regarding "ultra long haul" international flightsJones Day represented seven major air carriers, including five passenger and two cargo airlines in a petition for review before the U.S. Court of Appeals for the D.C. Circuit challenging an effort by the Federal Aviation Administration (FAA) to adopt new generic regulations on flight crew hours of service and rest requirements for "ultra long haul" international flights.
    • View All

    April 2014 Commentary

    The Passive Regulator: How the FAA's Failure to Act Affects the Development of Drone Technology

    Additional Publications

    • 2010
      The Practitioner’s Guide to Appellate Advocacy, senior editor, ABA Book Publishing
    • May 2010
      How to Make Phenomenal Opening Statements, The Pracitcal Litigator
    • Spring 2010
      The Heart and Soul of Your Case: Developing a Compelling Case Theme, ABA Section of Litigation
    • Spring 2010
      The Expanding Contours of the Crime/Fraud and Misconduct Exceptions to Privilege, Verdict: the Journal of the ABA Trial Pactice Committee
    • Summer 2007
      Writing a Winning Legal Argument, ABA Appellate Practice Journal, Vol. 26, Issue 3, at 1
    • Winter 2007
      The Appellate Practice Associate's Survival Guide: Tips for Success in a Law Firm Appellate Practice, ABA Appellate Practice Journal, Vol. 26, Issue 1, at 18
    • 2005
      Trumpeting Your Case to Victory: Using the Lessons of Aristotle to Present Outstanding Oral Arguments, ABA
    • 1999
      Employer Liability for Sexual Harassment After Ellerth and Faragher: Some Questions Answered, Many Questions Yet to Resolve, ABA

    Additional Speaking Engagements

    • December 7, 2011
      Executive Roundtable Series - Taking on the Government: Litigation Against the Executive and Legislative Branches
    • April 2010
      Arguing the Crime/Fraud and Other Exceptions to Privilege, program chair and oralist, ABA Section of Litigation Annual Conference
    • February 2010
      Outstanding Oral Advocacy, Lecture at Pepperdine University School of Law
    • August 2009
      A Winning Beginning: How to Make Phenomenal Opening Statements, program chair and oralist, ABA Annual Meeting
    • April 2009
      Writing to Win, program chair and lead presenter, ABA Section of Litigation Annual Conference
    • August 2008
      Individual Rights, Terrorism and the Rule of Law, program chair and presenter, ABA Annual Meeting
    • April 2008
      Arguing Effectively to Trial Judges and Administrative Law Judges, program chair and lead presenter, ABA Litigation Section Annual Conference
    • October 2007
      Acting Ethically with Respect to Advance Directives Protects Physicians Legally, Washington Hospital Center
    • October 2007
      The Art of Appellate Advocacy, Lecture at the West Virginia University College of Law
    • August 2007
      Winning Management of Legal Issues Through Trial and Appeal, ABA Annual Meeting, program chair and lead presenter
    • June 2007
      Appellate Advocacy Seminar, co-sponsored by the ABA Section of Litigation and the Edward Coke Appellate Inn of Court, program chair and lead presenter
    • May 2007
      Using the Lessons of Aristotle to Present Outstanding Oral Arguments, Michigan Appellate Bench Bar Conference, program chair and lead presenter
    • April 2007
      Writing a Winning Legal Argument, program chair and lead presenter, ABA Section of Litigation Annual Conference
    • February 2007
      Legal and Ethical Issues in Internal Medicine, medical grand rounds speaker, Washington Hospital Center
    • August 2006
      Chief Justice William H. Rehnquist: An Interactive Retrospective, program chair, ABA Annual Meeting
    • August 2006
      What the Movies Teach Us About Appellate Advocacy, program chair and moderator, ABA Annual Meeting
    • April 2006
      The Advocate's Art: Appellate Advocacy, program chair and moderator, ABA Litigation Section Annual Conference
    • March 2006
      Law, Medicine and Morality: Implications of the Terri Schiavo Case, panel moderator, New York University Law School
    • April 2005
      Trumpeting Your Case to Victory: Tips for Presenting Outstanding and Compelling Oral Arguments,  program chair and moderator, American Bar Association Section of Litigation Annual Conference
    • October 2004
      Sexual Harassment Issues in the Workplace, speaker, Washington Hospital Center
    • August 2002
      The Pentagon Papers Revisited: The Clash Between National Security and Freedom of the Press, program chair and panelist, American Bar Association Annual Meeting
    • August 1999
      Sexual Harassment Issues in Light of Ellerth and Faragher, panelist, American Bar Association Annual Meeting
    • May 1996
      Trying Difficult Employment Discrimination Cases to Juries, lead presenter, Attorney General's Advocacy Institute  (served as lead government counsel in day-long mock trial of employment discrimination case for audience of approximately 100 Assistant United States Attorneys)

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