IAN HEATH GERSHENGORN, Partner Mr. Gershengorn is chair of the firm’s Appellate and Supreme Court Practice and is one of the nation’s premier Supreme Court and appellate advocates. Before joining the firm in 2017, he served in the Office of the Solicitor General at the US Department of Justice, first as Principal Deputy Solicitor General and then as Acting Solicitor General of the United States, a position he held from June 2016 until the end of the Obama administration in January 2017. Mr. Gershengorn’s practice focuses on advising clients on a range of complex litigation and strategy problems, with particular emphasis on commercial disputes and challenges involving government, regulatory, and other public policy issues. Since returning to the firm in the Fall of 2017, Mr. Gershengorn has appeared regularly in the state and federal appellate courts, arguing on behalf of clients IAN HEATH such as McKesson Corporation, FanDuel, the Recording Industry Association of GERSHENGORN America, FirstTrust Bank, General Dynamics, and Charter Communications. Partner Prior to rejoining Jenner & Block, Mr. Gershengorn served in the Solicitor WASHINGTON, DC General’s Office. While there, Mr. Gershengorn argued thirteen cases at the US Office: 202 639-6869 Email: [email protected] Supreme Court. He also supervised the government’s briefing in a range of high-profile cases, including those involving the Affordable Care Act, Dodd- PRACTICE GROUPS Frank, election law and redistricting, immigration reform, the Fair Housing Act, Appellate and Supreme Court Practice Title VII, the Religious Freedom Restoration Act, and same-sex marriage. Litigation Native American Law Prior to his service in the Solicitor General’s office, Mr. Gershengorn served Sports and Gaming from 2009 to 2013 as the Deputy Assistant Attorney General in charge of the INDUSTRY GROUPS DOJ’s Federal Programs Branch. In that role, he led the district court defense of Life Sciences the Affordable Care Act, personally arguing the principal district court challenges EDUCATION to the constitutionality of the Act. In 2010, Mr. Gershengorn was the subject of Harvard Law School, J.D., 1993; magna cum laude; research assistant to Professor Philip an extensive profile in The New York Times, which highlighted his work B. Heymann; Harvard Law Review vigorously defending the Affordable Care Act in courts throughout the United States. He also supervised the defense of federal agencies, the President, Harvard University, B.A., 1988; magna cum laude; Phi Beta Kappa; WHRB – radio cabinet officers, and other government officials in challenges to major regulatory announcer for varsity basketball and policy initiatives, including those relating to financial regulation, immigration, ADMISSIONS executive privilege, and national security matters such as drone strikes, CFIUS, District of Columbia and detainees at Guantanamo Bay. Massachusetts In each of these positions, Mr. Gershengorn led the development and execution COURT ADMISSIONS of legal strategy in the Department of Justice’s most important litigation matters, US Supreme Court providing advice to the White House and to DOJ leadership and appearing US Court of Appeals, DC Circuit regularly in the US Supreme Court, the federal courts of appeals, and district US Court of Appeals, First Circuit courts around the country. US Court of Appeals, Second Circuit Recordings of Mr. Gershengorn's arguments are available here. US Court of Appeals, Third Circuit From 1997 to 2009, Mr. Gershengorn practiced as an associate and then as a US Court of Appeals, Fourth Circuit partner at Jenner & Block. He focused on US Supreme Court and federal US Court of Appeals, Fifth Circuit appellate litigation, with a particular focus on telecommunications, media, Native US Court of Appeals, Sixth Circuit American law, and business litigation. US Court of Appeals, Seventh Circuit Mr. Gershengorn started his career at the US Department of Justice, serving as US Court of Appeals, Eighth Circuit ©Copyright 2021 Jenner & Block LLP. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. counsel to Deputy Attorney General Jamie S. Gorelick and then as assistant to US Court of Appeals, Ninth Circuit Attorney General Janet Reno. US Court of Appeals, Tenth Circuit Mr. Gershengorn has argued a series of high-profile cases since returning to US Court of Appeals, Federal Circuit private practice: JUDICIAL CLERKSHIPS Hon. Amalya L. Kearse, US Court of At the US Supreme Court: Appeals, Second Circuit, 1993 - 1994 Carpenter v. Murphy Hon. John Paul Stevens, US Supreme McGirt v. Oklahoma Court, 1994 - 1995 In the Fourth Circuit UMG Recordings v. Kurbanov In the Seventh Circuit Marion Healthcare v. Becton Dickinson Apex Mortgage co. v. Great Northern Insurance Co Akeem Daniels, et al. v. FanDuel, Inc. In the Eighth Circuit: Charter Advanced Services v. Nancy Lange In the Indiana Supreme Court: Akeem Daniels, et al. v. FanDuel, Inc. In the DC Circuit Gresham v. Azar As Acting Solicitor General and Principal Deputy Solicitor General: Argued 13 cases in the US Supreme Court Ziglar v. Abbasi Jennings v. Rodriguez NLRB v. SW General, Inc. Birchfield v. North Dakota Wittman v. Personhuballah Evenwel v. Abbott City and County of San Francisco v. Sheehan EEOC v. Abercrombie & Fitch Stores, Inc. Department of Homeland Security v. MacLean Lane v. Franks Wood v. Moss McCullen v. Coakley Town of Greece, NY v. Galloway 2 In the DC Circuit: Argued Ali Hamza Ahmad al Bahlul v. USA in 2013 and 2015 Supervised cases involving the Affordable Care Act; federal immigration laws; First Amendment; Fair Housing Act; Title VII; Religious Freedom Restoration Act; Voting Rights Act; and federal official immunity Successfully argued two cases before the US Court of Appeals for the District of Columbia Circuit en banc involving military commission prosecution at Guantanamo Bay, Cuba As Deputy Assistant Attorney General, Federal Programs Branch, Civil Division: Supervised about 130 lawyers litigating in federal district court on behalf of federal agencies, the president, cabinet officers and other government officials Argued principal district court cases and managed litigation defending the Affordable Care Act Oversaw national security litigation, including litigation alleging placement of US citizens on a “targeted kill” list; state secrets litigation; litigation involving the Foreign Sovereign Immunities Act; and sensitive litigation under the Freedom of Information Act Argued significant constitutional issues in district court, including those involving presidential recess appointments; subpoena disputes between Congress and the Executive Branch; and a challenge to the appointment of a cabinet official Supervised district court and appellate litigation involving detainees at Guantanamo Bay, Cuba Awards Best Lawyers in America Appellate Practice - 2021, 2022 Chambers USA Appellate Law (Nationwide), 2018 - 2020 Native American Law: Appellate (Nationwide), Spotlight Table, 2020 Law360 Appellate MVP, 2020 "Leading Lawyer," 2021 Legal 500 "Next Generation Lawyer" - Appellate - Supreme Courts (States and Federal) 2020; 2021 Native American Law, 2021 United States Secret Service Director’s Recognition Award, 2014 National Institutes of Health Director’s Award, 2011 Politico One of the “50 Politicos to Watch,” 2010 US Presidential Scholar, 1984 3 Publications Client Alert: Co-Author, The Indiana Supreme Court’s Decision in Daniels v. FanDuel, Inc.: What it Means for Right of Publicity Law and the Future of Online Sports Betting, October 30, 2018 “My Supreme Court Debut: A 1st Time for Everything,” Law360, September 19, 2017 Speaking Engagements “Finite Disappointment, Infinite Hope: Race & Justice in McGirt v. Oklahoma,” Northwestern Pritzker School of Law, January 22, 2021 Co-Presenter, “Native American Law in the Biden-Harris Administration,” Transition Time, Jenner & Block Webinar Series, November 20, 2020 Speaker, “The United States Supreme Court – As Experienced by President Barack Obama’s Acting Solicitor General, Ian Gershengorn”, November 14, 2019 Panelist, Former Acting Solicitor General and Chair of Appellate Practice Participates in Panel with all US Federal Magistrates, April 17, 2019 Panelist, Ian Heath Gershengorn to Discuss Tribal Supreme Court Strategy, April 8, 2019 Partner Ian Heath Gershengorn Delivers Keynote Address on the US Supreme Court and the Future of Federal Indian Law, March 08, 2019 Panelist, “A Dialogue Between Bench and Bar,” National CLE Conference, January 05, 2019 Panelist, “Diversity of Thought and Respecting the Other Side of the Argument: Insights from the Office of The US Solicitor General.” University of Michigan Law School, October 11, 2018 “Supreme Court – 2018 Term,” Association of Corporate Counsel of New York, October 02, 2018 Firm’s Chicago Office Hosts US Supreme Court 2017 Term in Review Program, June 27, 2018 “An Evening with Four Former Solicitors General,” Association of Business Trial Lawyers, November 14, 2017 “Earmuffs, Snakes, and Hatchet-Wielding Poodles: The Thorny Issues & Improbable Results of Racial & Partisan Gerrymandering,” 7th Circuit Bar Association, October 25, 2017 Henry M. Campbell Moot Court Kick-Off, October 19, 2017 Keynote Speaker, “The Power to Promote Progress: Opportunities and Limits to Prosecutors Seeking Reform,” American Constitution Society for Law and Policy and National Bar Association, September 20, 2017 4.