Weisburst, Sanford I

Sanford I. Weisburst

Partner

  Biography

A former law clerk to U.S. Supreme Court Justice Clarence Thomas, Sanford (“Sandy”) Weisburst specializes in brief-writing and oral argument at both the appellate and trial levels, in federal and state court. Sandy has argued five cases in the U.S. Court of Appeals for the Second Circuit, two in the U.S. Court of Appeals for the Seventh Circuit, one in the New York Court of Appeals, and several more in the intermediate New York state appellate courts, federal district courts, and bankruptcy courts. Sandy played a principal role in briefing two recent merits cases in the U.S. Supreme Court, Kiobel v. Royal Dutch Petroleum Company and Bruesewitz v. Wyeth, Inc., leading to victory for Quinn Emanuel’s clients on both occasions. Sandy has also briefed dozens of additional cases in federal and state court, with particularly broad experience in the Second Circuit. These cases have involved various areas of substantive law, including administrative law, admiralty, bankruptcy, commercial torts, criminal law, patent law, securities law, and trademark law.
 

Sandy graduated first in his class, with highest honors, from the University of Chicago Law School in 1998.  Sandy served as the Topics and Comments Editor of the University of Chicago Law Review.  Upon graduation, Sandy was awarded prizes for the best student in law and economics and the best paper by a graduating student, and was also admitted to the Order of the Coif.  Sandy earned his undergraduate degree from Harvard College in economics, magna cum laude, and was admitted to Phi Beta Kappa.
 

Following law school, Sandy served as a law clerk for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1998-1999, and as a law clerk for Justice Clarence Thomas at the U.S. Supreme Court from 1999-2000. 

  Notable Representations

  • Obtained decision from the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum Co. holding that the Alien Torts Statute does not extend to alleged conduct committed on foreign soil.
  • Obtained decision from the U.S. Supreme Court in Bruesewitz v. Wyeth, Inc. holding that the National Childhood Vaccine Injury Act of 1986 categorically preempts state-law design-defect claims.
  • Obtained decision from the U.S. Court of Appeals for the Second Circuit in AIG v. Bank of America reversing the district court and holding that the federal Edge Act does not extend to banking in a U.S. insular territory unless a federally chartered bank was involved in the banking transaction as opposed to taking a subsequent interest in it through an acquisition of the entity that was involved.
  • Obtained decision from the U.S. Court of Appeals for the Second Circuit in In re Parmalat Securities Litigation reversing the district court and holding that the case, brought by an Italian trustee on behalf of of the bankrupt Parmalat estate against the accounting firms that facilitated the insider fraud that caused Parmalat’s demise, was subject to mandatory abstention in favor of the Illinois state court in which the case was originally filed.
  • Obtained decision from the U.S. Court of Appeals fpr the Second Circuit in Merrill Lynch v. Allegheny Energy, Inc., vacating multimillion dollar judgment against Allegheny Energy and reinstating Allegheny Energy’s claims against Merrill Lynch.
  • Obtained decision from the United States Court of Appeals for the Second Circuit reversing multimillion dollar jury verdict in favor of independent record company in its suit against an executive of a major record company for fraudulent inducement, tortious interference with contract, and copyright infringement.
  • Obtained decision from the U.S. Court of Appeals for the Eleventh Circuit in Grupo Televisa v. Telemundo reversing district court’s grant of summary judgment to Telemundo and holding that Televisa could proceed with its claims, under Florida law, for Telemundo’s tortious interference with a contract between Televisa and a Mexican telenovela actor.
  • Obtained decision from the U.S. Court of Appeals for the Eleventh Circuit in Sinaltrainal v. The Coca-Cola Company affirming district court’s dismissal of case as not within the scope of the Alien Tort Statute or the Torture Victims Protection Act.
  • Obtained decision from the U.S. District Court for the District of Vermont in Entergy Nuclear Vt. Yankee, LLC v. Shumlin invalidating two Vermont statutes (which purported to require shutdown of the Vermont Yankee Nuclear Power Station) as grounded in nuclear-safety concerns and therefore preempted by the federal Atomic Energy Act.

  Practice Areas

  • Appellate Practice
  • Energy Sector Disputes

  Education

  • University of Chicago Law School
    (J.D.,with highest honors, 1998)
    • University of Chicago Law Review:
      • Topics and Comments Editor
    • Order of the Coif
    • Best Student in Law and Economics
    • Best Paper by a Graduating Student
  • Harvard College
    (A.B., magna cum laude, Phi Beta Kappa, 1995)
    • Mather House Representative to Economics Department's Student Advisory Committee, 1994-1995

  Admissions

The State Bar of New York; Supreme Court of the United States; United States Court of Appeals: D.C. Circuit, Second Circuit, Third Circuit, Fourth Circuit, Sixth Circuit, Seventh Circuit, Ninth Circuit, Eleventh Circuit, Federal Circuit; United States District Court: Southern District of New York, Eastern District of New York

  Languages

  • French
  • Spanish
  • Italian

  Prior Associations

  • Mayer, Brown, Rowe & Maw LLP, New York:
    • Associate, 2001-2005

  • Law Clerk to the Hon. Clarence Thomas:
    • Supreme Court of the United States, 1999-2000

  • Law Clerk to the Hon. Laurence H. Silberman:
    • United States Court of Appeals, D.C. Circuit, 1998-1999

Publications and Lectures

  • "Judicial Review of Settlements and Consent Decrees: An Economic Analysis,"
    • 28 J. LEGAL STUD. 55 (1999)
  • "Adjusting a Criminal Defendant's Sentence After a Successful Collateral Attack,"
    • 64 U. CHI. L. REV. 1067 (1997)
  • "Economic Effects of Strengthening Patent Protection in Italy,"
    • 26 IIC INT'L REV. OF INDUS. & COPYRIGHT L. 1009 (1995) (with F.M. Scherer)