Yaakov M.Roth

Partner

Washington + 1.202.879.7658

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Yaakov Roth's goal is to develop and present, in a strategic and thoughtful way, the legal arguments that will secure victory for clients. He has argued more than 35 appeals, including three in the U.S. Supreme Court (all three of which he won). Yaakov has been named a "D.C. Trailblazer," "Litigation Trailblazer," and "D.C. Rising Star" by The National Law Journal; a "Leading Lawyer" by The Legal 500; an "MVP" and earlier a "Rising Star" in the appellate space by Law360; and to the Law Power 100 by City & State New York.

Yaakov focuses his practice on constitutional and regulatory challenges, white collar criminal appeals, and labor, employment, and benefits litigation on behalf of employers. He argued and prevailed in West Virginia v. EPA, a groundbreaking Supreme Court decision restricting the power of federal agencies. Yaakov also won unanimous Supreme Court victories in the high-profile "Bridgegate" matter and in another white collar criminal case. His other Supreme Court experience includes defending Arizona voting rules against partisan challenge and vindicating former Virginia Governor Bob McDonnell from corruption charges. In the lower courts, Yaakov recently overturned a Commodity Futures Trading Commission (CFTC) prohibition on election prediction markets, and he is currently pursuing constitutional challenges to the Medicare Drug Price Negotiation Program. He has successfully defended clients against nationwide class actions and pursued challenges to federal, state, and local regulations.

Experience

  • Experian convinces Third Circuit to adopt sensible discovery ruleIn a win for Experian, the Third Circuit adopted Jones Day's proposed discovery standard for motions to compel arbitration.
  • Kalshi wins stay of CFTC ban on contracts contingent on U.S. electionsJones Day earned an important victory on behalf of KalshiEX LLC concerning the authority of the Commodity Futures Trading Commission ("CFTC") to ban election-related event contracts.
  • Energy services company obtains reversal of adverse overtime exemption rulingIn an interlocutory appeal, the Fifth Circuit agreed with Jones Day that a district court had erred by holding that safety managers employed by Jones Day’s client were ineligible for exemptions from the Fair Labor Standards Act (FLSA) overtime rules.
  • BlueRibbon successfully challenges permitting and fee systems on federal landsJones Day successfully represented BlueRibbon Coalition, Inc., a non-profit dedicated to preserving access to public lands, in obtaining a preliminary injunction.
  • Employer obtains rare rehearing of order denying interlocutory appealIn a rare move, a Seventh Circuit panel granted Jones Day's petition for rehearing of an earlier order that declined to take up an interlocutory appeal by Eli Lilly & Company.
  • Chevron secures significant wins in paraquat multidistrict litigationJones Day secured two important wins for client Chevron in the paraquat multidistrict litigation (MDL).
  • Withdrawing employer successfully challenges "Segal Blend"Jones Day won a complete victory for our client ConvergeOne Dedicated Services, LLC in an ERISA withdrawal liability dispute in the Southern District of New York.
  • UPS defeats putative FCRA class actionA Ninth Circuit panel unanimously affirmed the dismissal of a putative class action filed against Jones Day’s client United Parcel Service, Inc. ("UPS") under the Fair Credit Reporting Act ("FCRA").
  • Salvadoran woman fleeing domestic violence obtains remand to Board of Immigration AppealsJones Day recently obtained a remand of a Board of Immigration Appeals (BIA) decision upholding a final order of removal against Amalia de Jesus Gomez-Arriola.
  • GE wins arbitration vacating $228 million in withdrawal liability based on ERISA's building and construction exemptionIn an important case involving the application of the building and construction industry exemption to pension withdrawal liability, Jones Day secured a victory for General Electric Company in two related arbitrations involving $228 million in liability sought by the Boilermakers Blacksmith National Pension Fund.
  • "Varsity Blues" defendant persuades First Circuit to overturn principal convictionsJones Day secured a major appellate victory for John Wilson, one of the "Varsity Blues" defendants, in convincing the First Circuit to vacate all of his principal convictions.
  • Directors of D.C. religious nonprofit win complete dismissal of claims alleging fiduciary violations and breach of contractJones Day secured dismissal of a longstanding suit against a D.C. religious nonprofit and its directors. In August 2022, the D.C. Court of Appeals reversed a $530 million judgment against the directors, vindicating their rights under the First Amendment.
  • BMS challenges Inflation Reduction ActJones Day filed a complaint on behalf of a pharmaceutical manufacturer, Bristol Myers Squibb Company ("BMS"), challenging the constitutionality of the Inflation Reduction Act ("IRA").
  • Merck challenges Inflation Reduction ActJones Day filed a complaint on behalf of a pharmaceutical manufacturer, Merck & Co., Inc. ("Merck"), challenging the constitutionality of the Inflation Reduction Act ("IRA").
  • Circle argues that standalone sales of payment stablecoins are not securities in amicus briefJones Day filed an amicus brief on behalf of Circle Internet Financial, LLC in the SEC's lawsuit against the crypto asset exchange Binance.
  • Governor's campaign manager persuades Supreme Court to overturn fraud convictionThe Supreme Court ruled unanimously in favor of Jones Day's client, Joseph Percoco, a former top aide and campaign manager for New York Governor Andrew Cuomo, in a challenge to his conviction for honest-services fraud arising from conduct when he was a private citizen serving as campaign manager.
  • Medtronic succeeds in vacating forum non conveniens dismissalRuling for Jones Day's client, Medtronic Medical CR SRL ("Medtronic"), the First Circuit vacated a district court's dismissal of Medtronic's lawsuit arising from a scheme to defraud the company of millions of dollars in connection with the construction of a new manufacturing facility in Costa Rica.
  • Experian secures victory in Ninth Circuit, allowing company to arbitrate caseExperian Information Solutions, Inc., represented by Jones Day, successfully persuaded the Ninth Circuit to send a putative class action to arbitration.
  • Mining company overturns withdrawal liability award in D.C. CircuitThe D.C. Circuit reversed a judgment against Energy West Mining Company, agreeing with Jones Day's position that the $115 million withdrawal liability assessment had been calculated using a legally impermissible discount rate.
  • Coal companies prevail in Supreme Court battle over EPA's powerIn a high-profile and much-awaited decision on the final day of its term, the Supreme Court ruled in favor of Jones Day's client, the North American Coal Corporation, by reversing a D.C. Circuit decision that gave the EPA sweeping authority to transform the power sector as a means of reducing greenhouse gas emissions.
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    August 2024 Alert

    U.S. Tax Court Invokes Loper Bright for the First Time

    July 2024 Alert

    Supreme Court Upholds the Mandatory Repatriation Tax in Moore v. United States

    July 2024 Alert

    Supreme Court Expands Window to Challenge Federal Regulations Under APA

    July 2024 Alert

    Supreme Court Overrules Chevron Deference

    MAY 2024 Alert

    Delegation Dilemma: CFTC Rule Allows Staff to Circumvent Notice and Comment Rulemaking

    MAY 2024 Commentary

    EPA Finalizes Rules to Regulate Pollution from Fossil Fuel-Fired Power Plants

    October 2023 White Paper

    Considerations for Addressing DOJ's Corporate Compliance Guidance on Mobile Devices and Messaging Platforms

    May 2023 Commentary

    The Agency Strikes Back: EPA Proposes New Emissions Limits for Fossil Fuel-Fired Power Plants

    May 2023 Reprint

    Jones Day Attorneys On Percoco, And How We Got Here (Law360)

    May 2023 Alert

    U.S. Supreme Court Narrows Scope of Liability Under Anti-Terrorism Act
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