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Dan Bromberg is an accomplished appellate advocate who has argued before the United States Supreme Court as well as numerous federal and state appellate courts.  With more than a decade’s experience in the Supreme Court, Mr. Bromberg is familiar with all aspects of Supreme Court practice, including merits briefing, petitions for certiorari, and amicus briefs.  He also is experienced with practice in federal appeals courts and California courts of appeals, including extraordinary writs, requests for depublication, and petitions for review. 

Mr. Bromberg’s practice focuses upon intellectual property, commercial disputes, constitutional law, and other complex legal matters at both the trial and appellate levels.  He has been involved in many of the patent cases before the Supreme Court in recent years, filing amicus briefs on behalf of high tech companies in both the eBay and KSR cases.  He also has litigated several groundbreaking copyright cases and is currently litigating appeals involving copyrights, patents, trademarks, and trade secrets. 

In the United States Supreme Court, Mr. Bromberg's recent clients include Amazon.com, Inc., Cisco Systems, Inc., Google, Inc., IAC/Interactive, Shell Oil Company, Time Warner, Inc., and Visa U.S.A., Inc.

In federal courts of appeals, recent clients include Allegheny Energy, Inc., CNA Financial Corporation, DIRECTV, Inc., eBay, Inc., Flagstar Bancorp, Home Depot, Inc., IAC/Interactive, Litton Systems, Inc., and Turner Entertainment Co.

In the California courts, recent clients include American West Homes, Flagstar Bancorp., Genentech, Inc., Gilbane Construction Company, and the Scotts Company.

Supreme Court:

Representing a small business in Mississippi, persuaded the Supreme Court to reverse the Eleventh Circuit and hold that the venue provisions of the Federal Arbitration Act are permissive rather than restrictive.

Representing TRW, Inc., persuaded the Supreme Court to reverse the Ninth Circuit and hold that the Fair Credit Reporting Act’ statute of limitations does not incorporate the discovery rule.

Representing a subsidiary of Textron, Inc., persuaded the Supreme Court to reverse the Third Circuit and hold that federal labor law does not confer jurisdiction over suits seeking to declare collective bargaining agreements invalid.

Representing the Chamber of Commerce of the United States, filed amicus brief successfully urging the Court to recognize limitations on vicarious liability in assessing punitive damages.

Filed amicus brief successfully urging the Court to reject restrictions on motive-based violations of constitutional rights.

Other Appellate Courts:

Representing Allegheny Energy, Inc., persuaded the Second Circuit to vacate $158 million verdict and reinstate counterclaims seeking over $300 million in damages in case concerning acquisition of an energy trading business.

Representing Bridgestone/Firestone, Inc., Chamber of Commerce of the United States of America; National Association of Manufacturers; and others, persuaded the D.C. Circuit to invalidated an Executive Order debarring government contractors that employ replacement workers.

Representing Re/MAX International, Inc., persuaded the Sixth Circuit to reinstate antitrust conspiracy claims based upon parallel conduct and circumstantial evidence of agreement.

Representing Experian, persuaded the Seventh Circuit to recognize restrictions on damage claims under the Fair Credit Reporting Act.

Representing students from Georgetown University, obtained decision from the District of Columbia Court of Appeals affirming right of college students to vote in the District of Columbia free of discrimination.