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Michael H. McGinley

Partner

Philadelphia | Cira Centre, 2929 Arch Street, Philadelphia, PA, of America 19104- 2808

T +1 215 994 2463 | F +1 215 994 2222

Washington, D.C. | 1900 K Street, NW, Washington, DC, United States of America 20006-1110

T +1 202 261 3378 | F +1 202 261 3333

[email protected]

Services

Litigation > Complex Commercial Litigation > Appellate > Class Actions >

International and Insolvency Litigation > White Collar, Compliance and Investigations >

Government >

Michael H. McGinley focuses his practice on high-stakes litigation, specifically appellate and complex commercial matters. Mr. McGinley has experience representing clients at every level of the federal judiciary, as well as in numerous federal agencies and state . He has litigated a wide range of issues, including federal jurisdiction, foreign sovereign immunity, Chevron deference, federalism, preemption, antitrust, arbitration, labor law, tort law, antidumping and trade- remedy disputes, securities and corporate law, contract rights, voting rights, free speech, religious freedom and many other constitutional issues. Mr. McGinley also regularly advises individual, corporate and government clients on strategic, criminal defense, and regulatory matters.

Prior to joining Dechert, Mr. McGinley served as Associate Counsel and Special Assistant to the President in the White House Counsel's Office, where his primary responsibilities included the review of major legislative and regulatory actions and the confirmation of judicial nominees, including Justice Gorsuch. During his time in the White House, Mr. McGinley worked closely with the Department of Justice, the Office of Management and Budget, a number of federal agencies, and various congressional committees. He also previously served as a law clerk to Justice Samuel A. Alito, Jr., of the Supreme of the United States and to then- Neil M. Gorsuch, of the United States Court of Appeals for the Tenth Circuit.

Mr. McGinley is an elected member of the American Law Institute. He was appointed by the President to the governing Council of the Administrative Conference of the United States, which is an independent agency charged with convening experts from the public and private sectors to recommend improvements to administrative process and procedure. He also serves as the Co- Chair of the American Bar Association’s Administrative Rulemaking Committee. He was named as a 2020 “Best of The Bar” Honoree by the Philadelphia Business Journal, and most recently, selected as one of Pennsylvania Legal Awards 2021's on the Fast Track by The Legal Intelligencer.

EDUCATION

University of Notre Dame, B.A., 2006, cum laude, Willis D. Nutting Award Harvard Law School, J.D., 2009, cum laude, Harvard - Chair

ADMISSIONS

Pennsylvania District of Columbia

EXTERNAL ARTICLES

A Cheerleader’s Vulgar Message Prompts a First Amendment Showdown, December 28, 2020.

CLERKSHIPS

United States Court of Appeals for the Tenth Circuit, Honorable Neil M. Gorsuch Supreme Court of the United States, Honorable Samuel A. Alito, Jr. MEMBERSHIPS

Co-Chair of the ABA’s Committee on Administrative Rulemaking Elected Member, American Law Institute Presidentially-Appointed Council Member, Administrative Conference of the United States

SPEAKING ENGAGEMENTS

Supreme Court Roundup — Eastern District of Pennsylvania Chapter of the Federal Bar Association, Pennsylvania (July 24, 2019) A Discussion of How Recent Supreme Court Decisions and the Trump Administration's Judicial Selections Will Affect the Business Community — Omaha, NE (August 16, 2018) The Kavanaugh Hearing: A Battle of Two Constitutions — Washington, D.C. (July 25, 2018)