Jonathan Hacker

Partner

Jon Hacker is a partner in O’Melveny’s Washington, DC office, and a member of the firm’s Supreme Court and Appellate Practice.

Jon has authored briefs in dozens of US Supreme Court cases at both the merits and certiorari stages, and has briefed cases in federal and state appellate courts throughout the country. He has argued appeals in the Second, Fourth, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits, the New Jersey Appellate Division, and the D.C. Court of Appeals.  He has also filed briefs in many trial-level matters in federal and state courts, has conducted discovery and depositions in complex litigation matters, and has handled several trials.  Jon’s areas of expertise include federal constitutional law, insurance, punitive damages, ERISA, antitrust, criminal law, and federal jurisdiction and procedure. 

Jon is a Lecturer at the Harvard Law School, and is a founder and Co-Director of the Harvard Law School Supreme Court and Appellate Advocacy Clinic.  He is also Co-Chair of the Supreme Court Amicus Committee of the National Association of Criminal Defense Lawyers. 

Jon has been named by Legal 500 and The Best Lawyers in America as a leading practitioner in the appellate area.

Representative Supreme Court Matters

Matrixx Initiatives, Inc. v. Siracusano (to be argued in 2010 Term) — Co-author of successful petition for certiorari in securities case involving disclosure of “adverse event reports” by pharmaceutical companies

Snyder v. Phelps (to be argued in 2010 Term) – Co-author of amicus brief for Senators Harry Reid, Mitch McConnell and other members of US Senate in military funeral case

Skilling v. United States, __ S. Ct. __, 2010 WL 2518587 (June 24, 2010) — Co-author of petition for certiorari and merits briefs in appeal of criminal conviction of former Enron CEO Jeffrey Skilling  

Alabama v. North Carolina, 130 S. Ct. 2295 (2010) — Author of merits brief on behalf of the State of North Carolina in original jurisdiction action involving interstate dispute over radioactive waste storage

Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (2008) — Co-author of successful petition for certiorari and merits briefs in multi-billion dollar maritime punitive damages case arising from Valdez oil spill

Cuellar v. United States, 128 S. Ct. 1994 (2008) — Co-author of merits briefs in criminal case challenging broad application of federal money laundering statute

Greenlaw v. United States, 128 S. Ct. 2559 (2008) — Author of amicus brief for National Association of Criminal Defense Lawyers (NACDL) in criminal sentencing case

Philip Morris USA v. Williams II, 127 S. Ct. 1057 (2007) — Co-author of amicus brief for US Chamber of Commerce urging second review of punitive damages case

Metropolitan Life Insurance Co. v. Glenn, 128 S. Ct. 2343 (2007) — Co-author of amicus brief for industry and business organizations in ERISA fiduciary case

Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007) — Author of amicus brief for Visa and MasterCard in case involving pleading standards

Scott v. Harris, 127 S. Ct. 1769 (2007) — Author of amicus brief for NACDL in case involving Fourth Amendment and use of deadly force

Watters v. Wachovia Bank, N.A., 127 S. Ct. 1559 (2007) — Author of amicus brief for administrative law professors in case involving preemption of state law by federal agency regulations

Philip Morris USA v. Williams, 127 S. Ct. 1057 (2007) — Author of amicus brief for US Chamber of Commerce in case challenging constitutionality of punitive damages award

Gonzales v. Carhart, 127 S. Ct. 1610 (2007) — Co-author of amicus brief for Cato Institute in case challenging federal partial-birth abortion statute

Carey v. Musladin, 127 S. Ct. 649 (2006) — Author of amicus brief for NACDL in criminal trial procedure case

LULAC v. Perry, 126 S. Ct. 2954 (2006) — Co-author of amicus brief for Center for American Progress in case challenging Texas congressional districting scheme

Brigham City v. Stuart, 126 S. Ct. 1943 (2006) — Co-author of amicus brief for NACDL in Fourth Amendment warrant case

Intel Corp. v. Advanced Micro Devices, Inc., 542 US 241 (2004) — Author of merits brief in case involving international discovery statute

Aetna Corp. v. Davila, 542 US 200 (2004) — Author of successful petition for certiorari and merits briefs in case involving federal preemption under ERISA statute

Dastar v. Twentieth Century Fox Film Corp., 540 US 806 (2003) — Co-author of merits brief in case involving “reverse passing off” under Lanham Act

Lawrence v. Texas, 539 US 558 (2003) — Co-author of amicus brief for national and state gay rights and civil rights organizations in constitutional challenge to sodomy laws

Grutter v. Bollinger, 539 US 306 (2003) — Co-author of amicus brief for Law School Admissions Council in case involving affirmative action in law school admissions

Black & Decker Disability Plan v. Nord, 538 US 822 (2003) — Author of amicus brief for American Benefits Council in ERISA case

Kentucky Ass’n of Health Plans v. Miller, 538 US 329 (2003) — Author of successful petition for certiorari and merits briefs in case involving ERISA insurance savings clause

Archer v. Warner, 538 US 314 (2003) — Author of amicus brief for AARP in bankruptcy case

Moseley v. V Secret Catalogue, Inc., 537 US 418 (2003) — Co-author of merits brief in case involving Federal Trademark Dilution Act

FCC v. Nextwave Personal Communications Inc., 537 US 293 (2003) — Author of brief for Members of Congress in case involving federal bankruptcy and telecommunications statutes

Utah v. Evans, 536 US 452 (2002) — Author of merits brief in case challenging US Census statistical methodology

Easley v. Cromartie, 532 US 234 (2001) — Author of merits briefs in case challenging congressional redistricting plan

US v. Mead Corp., 533 US 218 (2001) — Author of amicus brief for US Chamber of Commerce and others in case involving standard of deference to administrative agencies

Circuit City Stores, Inc. v. Adams, 532 US 105 (2001) — Co-author of merits briefs in case involving arbitration of federal employment claims

Representative Appellate Matters

Hewlett-Packard Co. v. ACE Property & Cas. Ins. Co., 2010 WL 1896464 (9th Cir. May 12, 2010) — Briefed and argued insurance coverage appeal; won complete reversal of US$51 million judgment

ACE American Ins. Co. v. RC2 Corp., 600 F.3d 763
(7th Cir. 2010) — Briefed and argued insurance coverage appeal; won complete reversal of multi-million dollar coverage judgment

AIG Retirement Services, Inc. v. Altus Finance S.A., 2010 WL 510620 (9th Cir. Feb. 9, 2009) — Briefed appeal in major commercial contract and fraud dispute; won reinstatement of claims seeking US$800 million in damages

Quiksilver, Inc. v. Kymsta Corp., 360 Fed. Appx. 886
(9th Cir. 2009) — Briefed and argued appeal in trademark infringement action; won affirmance of judgment protecting client’s trademark

Hecker v. Deere & Co., 569 F.3d 708 (7th Cir. 2009) — Authored successful briefs in major ERISA class action; won precedent-setting affirmance of judgment dismissing challenge to 401(k) plan fees

Miller v. Bank of America, 207 P.3d 531 (Cal. 2009) — Authored briefs in successful challenge to trial court ruling prohibiting industrywide banking practice of balancing overdrafts and fees against Social Security deposits; won complete reversal of class-action judgment worth more than US$1 billion

BASF, Inc. v. Great American Assurance Co., 522 F.3d 813 (7th Cir. 2008) — Briefed and argued appeal insurance coverage appeal; won complete reversal of US$140 million insurance coverage determination

Sinclair v. Merck & Co., 948 A.2d 587 (N.J. 2008) — Authored successful merits briefs reversing appellate judgment allowing medical monitoring claims by plaintiffs who allege no present injury

Local 68, Int’l Union of Operating Engineers v. Merck & Co., 929 A.2d 1076 (N.J. 2007) — Author of successful merits brief in precedent-setting case rejecting certification of nationwide class asserting fraud claims

Boston Scientific Co. v. Bionics, Inc., 246 Fed. Appx. 55 (2d Cir. 2007) — Briefed successful appeal involving interpretation of corporate merger agreement

Henry v. Champlain Enters., Inc., 445 F.3d. 610 (2d Cir. 2006) — Authored briefs in ERISA appeal involving ESOP trustee duties; won reversal of lengthy factfinding and US$15 million judgment against client

Mike’s Train House v. Lionel LLC, 472 F.3d 398 (6th Cir. 2006) —Briefed and argued appeal involving trade secret law, expert testimony rules, and damages principles; won reversal of US$40 million judgment against client

Medical Savings Ins. Co. v. HCA, Inc., 186 Fed. Appx. 919 (11th Cir. 2006) — Argued appeal involving antitrust standing issues; won affirmance of order dismissing claims

Twentieth Century Fox Film Corp. v. Entertainment Distrib., 429 F.3d 869 (9th Cir. 2005) — Briefed and argued appeal involving validity of copyright to General Eisenhower’s memoir Crusade in Europe; won affirmance of judgment securing client’s copyright

US v. Applera Corp., 155 Fed. Appx. 291 (9th Cir. 2005) — Briefed and argued appeal involving qui tam provisions of False Claims Act; won affirmance of judgment dismissing claims.

Professional Activities

Admitted to Practice, US Supreme Court; US Courts of Appeal, Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh and Federal Circuits; US District Court, District of Columbia
Law Clerk, Honorable Bruce M. Selya, US Court of Appeals, First Circuit
Lecturer, Harvard Law School (Co-Director of Harvard Law School Supreme Court and Appellate Advocacy Clinic) 
Member, Barrister, Edward Coke Appellate Inn of Court