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Jonathan Franklin, Fulbright, appellate, litigation, supreme court, trial
Jonathan S. Franklin - Fulbright & Jaworski LLP
Jonathan S. Franklin
Partner
D: +1 202 662 0466
Washington, D.C.
Market Square
801 Pennsylvania Avenue, N.W.
Washington, DC 20004-2623
T: +1 202 662 0200
F: +1 202 662 4643
AREAS OF CONCENTRATION
  • U.S. Supreme Court
EXPERIENCE

Jonathan Franklin is a litigation partner in the Washington, D.C. location of Fulbright & Jaworski L.L.P., and head of the firm's Supreme Court and Appellate practice. Jonathan has argued seven cases before the U.S. Supreme Court, has served as counsel on the merits in fifteen cases argued before the Court, and has represented parties and amici curiae in numerous other cases at the certiorari and merits stages. 

Jonathan has also argued numerous cases in federal Circuit Courts throughout the country, and has significant experience in administrative and trial level proceedings. His cases have involved a wide range of issues, including constitutional law, administrative law and procedure, foreign sovereign immunity, and intellectual property, contract, tort, civil rights, insurance, antitrust, labor, telecommunications and international law. He has extensive experience litigating patent and other intellectual property appeals before the U.S. Court of Appeals for the Federal Circuit and the Supreme Court. In 2006, he joined Fulbright from Hogan & Hartson L.L.P., where he had been a partner.

REPRESENTATIVE EXPERIENCE
  • Successfully briefed and argued a case in which the Supreme Court reversed a Ninth Circuit decision and held that employees of a company that manages prisons for the Federal government cannot be sued in damages for alleged violations of the Eighth Amendment
  • Successfully briefed and argued a case on behalf of a foreign government in which the Supreme Court unanimously reversed the D.C. Circuit and held that the client was entitled to sovereign immunity against a category of claims seeking billions of dollars in damages
  • Successfully briefed and argued a case in which the Supreme Court unanimously invalidated a Missouri law that would have imposed negative ballot labels on candidates for Congress who did not vote for a particular federal constitutional amendment or pledge to do so
  • Successfully sought certiorari and represented state government party in a major environmental case before the Supreme Court, in which the Court reversed a decision that had invalidated permits needed for an important mining project.
  • Argued an en banc appeal before the Ninth Circuit, in which the court invalidated the authority of the Immigration and Naturalization Service to strip naturalized citizens of their citizenship through an administrative process
  • Successfully represented major insurance company in appeals on coverage issues in both federal and state courts
  • Represented a technology company in a successful appeal before the Federal Circuit in a major patent case
  • Successfully represented airlines in administrative proceedings and before the D.C. Circuit in a dispute over the proper fees to be charged for the use of the Nation's airports
  • Successfully represented two foreign governments in cases brought under the Foreign Sovereign Immunities Act
  • Litigated two copyright cases before the Supreme Court, in which the Court ruled unanimously in favor of the firm's clients
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • Edward Coke American Appellate Inn of Court, Barrister Member
  • International Association of Defense Counsel
PROFESSIONAL HONORS
  • Chambers USA, Litigation: Appellate (2006 - 2010)
  • “Washington, D.C. Super Lawyer,” Appellate, Law & Politics (2007 - 2009)
PUBLICATIONS
  • Co-author, "Supreme Court Deals a Heavy Blow to Colossal Discrimination Class Actions," Fulbright Alert, June 2011
  • Co-author, "Fulbright Forum: Trends in Energy Disputes 2011," The International Law Firm of Fulbright & Jaworski - Energy, June 7, 2011
  • Co-author, "Supreme Court Upholds Class Arbitration Waivers," Fulbright Alert, April 27, 2011
  • Co-author, "Appellate Annual Review: Cases that Matter to Business," The International Law Firm of Fulbright & Jaworski - Appellate, October 13, 2010
  • Co-author, "Fulbright Forum: U.S. Supreme Court Cases That Matter To Business," The International Law Firm of Fulbright & Jaworski – Appellate, October 5, 2010
  • Co-author, "U.S. Supreme Court Narrows 'Honest Services' Fraud Statute," Fulbright Alert, June 2010
  • Co-author, "Supreme Court Adopts More Predictable Principal-Place-of-Business Test," Fulbright Alert, February 23, 2010
  • Co-author, "Annual Review: Cases That Matter to Business From the U.S. Supreme Court, the Texas Supreme Court and the Fifth Circuit Court of Appeals," The International Law Firm of Fulbright & Jaworski, October 14, 2009
  • Co-author, "Supreme Court Holds That Corps of Engineers Was Correct Agency to Grant Permit to Coeur Alaska, Inc.," Fulbright Briefing, June 24, 2009
  • Co-author, "Annual Review: Cases That Matter to Business From the United States and Texas Supreme Courts," The International Law Firm of Fulbright & Jaworski - Appellate, October 1, 2008
  • "Fulbright Western Lands & Energy Special Publication - Supreme Court Agrees to Resolve Role of EPA under Section 404 of Clean Water Act," The International Law Firm of Fulbright & Jaworski - Western Lands & Energy, July 1, 2008
  • Co-author, "High Court Finals: A Post-Season Analysis of this Year's U.S. Supreme Court Patent Decisions," The International Law Firm of Fulbright & Jaworski - Intellectual Property, June 19, 2007
  • Co-author, "Supreme Court’s 5-4 Reversal of $79.5 Million Punitive Damage Award May Have Broad Impact, But Excessiveness of Award Not Addressed," Fulbright ALERT, February 20, 2007
  • Cases that Matter to Business in the U.S. Supreme Court and the Texas Supreme Court, November 15, 2006
  • "Fulbright Partner Featured In Washington Legal Foundation Media Briefings," September 26, 2006
  • "Previewing the 2006 U.S. Supreme Court Term," The Washington Legal Foundation Media Briefings, September 21, 2006
SPEECHES
EDUCATIONAL BACKGROUND

1990 -  J.D., Yale Law School
1986 - A.B., Harvard College

Jonathan served as a law clerk for the Hon. Anthony J. Scirica of the United States Court of Appeals for the Third Circuit. He is admitted before the U.S. Supreme Court; the U.S. Courts of Appeal for the District of Columbia, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Federal Circuits; and the U.S. District Courts for the District of Columbia and Eastern District of Texas.







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