Jonathan Cooper is a partner in Quinn Emanuel’s office in Washington, D.C. His practice focuses on complex and high-stakes commercial and government-related litigation at the trial and appellate levels. He has successfully handled trial and appellate matters before numerous tribunals, including U.S. courts of appeals, U.S. district courts, state courts, federal administrative agencies, and international arbitration panels. He has particular expertise in litigation involving the United States and its agencies.
Jon graduated magna cum laude from Harvard Law School, where he was the Managing Editor of the Harvard Law Review and a member of the winning team in the Ames Moot Court Competition.
Before joining the firm in 2014, Jon clerked for Chief Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit and worked in the Federal Programs Branch of the Civil Division of the U.S. Department of Justice, where he briefed and argued numerous cases in federal courts across the country in defense of the constitutionality of federal statutes and the legality of agency actions.
- Won a landmark First Amendment victory in the U.S. Supreme Court on behalf of Americans for Prosperity Foundation against the Attorney General of California. Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). The Supreme Court held that the Attorney General’s requirement that charities operating in California must disclose to the Attorney General’s Office the identities of their major donors is facially unconstitutional in violation of the First Amendment right to free association. The Supreme Court adopted the arguments we had developed and based its decision on the extensive trial record we had built in the U.S. District Court of the Central District of California, where, following a bench trial, we had obtained a permanent injunction. Americans for Prosperity Foundation v. Harris, 182 F. Supp. 3d 1049 (C.D. Cal. 2016).
- Won a pathbreaking preliminary injunction on behalf of Norwegian Cruise Line Holdings that enjoined, on First Amendment and Dormant Commerce Clause grounds, a Florida statute that prohibited businesses from requiring customers to provide Covid-19 vaccination documentation. Norwegian Cruise Line Holdings, Ltd. v. Rivkees, --- F. Supp. 3d ----, 2021 WL 3471585 (Aug. 8, 2021).
- Counsel to the FDIC in ongoing litigation alleging that Bank of America owes the FDIC over $1 billion in unpaid assessments for deposit insurance. We defeated the Bank’s motion to dismiss. FDIC v. Bank of America, 308 F. Supp. 3d 197 (D.D.C. 2018). The case is pending in the U.S. District Court for the District of Columbia.
- Counsel to Express Scripts in ongoing litigation in which Anthem alleges that Express Scripts owes over $13 billion in damages for an alleged breach of its PBM services agreement with Anthem. The case is pending in the U.S. District Court for the Southern District of New York.
- Counsel to Express Scripts in ongoing litigation in which a putative class of drug wholesalers alleges RICO violations in connection with the price of EpiPen. The case is pending in the U.S. District Court for the District of Minnesota.
- Won affirmance of dismissal of all claims against Express Scripts in putative class action alleging ERISA, RICO, and ACA violations in connection with Express Scripts’ provision of PBM services to Anthem. Doe 1 v. Express Scripts, Inc., 837 F. App’x 44 (2d Cir. Dec. 7, 2020).
- Won denial of class certification for Express Scripts in case alleging ERISA violations in connection with the price of EpiPen. In re EpiPen ERISA Litigation, 2020 WL 4501925 (D. Minn. Aug. 5, 2020). The individual claims were resolved and dismissed shortly thereafter.
- Won permanent injunction and declaratory judgment against the U.S. Government in case holding that it is unconstitutional to deny certain federal welfare benefits to U.S. citizens residing in Puerto Rico. Peña Martínez v. U.S. Department of Health & Human Services, 478 F. Supp. 3d 155 (D.P.R. 2020).
- Won appellate reversal and remand for Agility Public Warehousing in case alleging that the U.S. Government wrongfully withheld over $17 million owed under a U.S. Army contract. Agility Public Warehousing Co. K.S.C.P. v. United States, 969 F.3d 1355 (Fed. Cir. 2020).
- Won appellate reversal for U.S. Steel in case concerning whether oil country tubular goods fabricated in China and finished in other countries are subject to antidumping and countervailing duties on goods from China. Bell Supply Co., LLC v. United States, 888 F.3d 1222 (Fed. Cir. 2018).
- Won dismissal of all claims against DP World, following a multi-week hearing in the London Court of International Arbitration, in a case by the Republic of Djibouti alleging bribery in connection with DP World’s container terminal in Djibouti. Republic of Djibouti v. DP World (LCIA 2017).
- Won dismissal of all claims against Odebrecht in case alleging conspiracy and bribery schemes in Brazil’s oil industry. EIG Energy Fund XIV, L.P. v. Petróleo Brasileiro S.A.., 246 F. Supp. 3d 52 (D.D.C. 2017).
- Won affirmance for U.S. Steel in case concerning the U.S. Commerce Department’s order imposing antidumping duties on oil country tubular goods from China. American Tubular Products, LLC v. United States, 847 F.3d 1354 (Fed. Cir. 2017).
- Won reversal of final determination by the U.S. Commerce Department and remand for U.S. Steel in case seeking imposition of countervailing duties on oil country tubular goods imported from China. TMK IPSCO v. United States, 179 F. Supp. 3d 1328 (C.I.T. 2016).
- Won preliminary injunction against the U.S. Treasury Department in litigation challenging the designation of FBME Bank as a “financial institution of primary money laundering concern” under Section 311 of the USA Patriot Act. FBME Bank Ltd. v. Lew, 125 F. Supp. 3d 109 (D.D.C. 2015).
- Won dismissal of all claims against ITT Corp. in case alleging copyright and trade-secret misappropriation in Russia. Flowserve US Inc. v. ITT Corp., 68 F. Supp. 3d 646 (N.D. Tex. 2014).
- Harvard Law School
(J.D., magna cum laude, 2009)
- Harvard Law Review:
- Managing Editor
- Ames Moot Court Competition:
- Winning Team
- Winning Team
- Harvard Law Review:
- London School of Economics
(M.Sc. with distinction, 2006)
- Harvard College
(A.B., cum laude, History, 2005)
- The Bar of the District of Columbia
- The State Bar of Maryland
- United States Supreme Court
- United States Courts of Appeals:
- First Circuit
- Second Circuit
- Fourth Circuit
- Seventh Circuit
- Eighth Circuit
- Ninth Circuit
- Eleventh Circuit
- District of Columbia Circuit
- Federal Circuit
- United States District Courts:
- District of Columbia
- District of Maryland
- Eastern District of Wisconsin
- United States Court of International Trade
- U.S. Department of Justice, Civil Division, Federal Programs Branch:
- Trial Attorney, 2010–2014
- Trial Attorney, 2010–2014
- Law Clerk for Chief Judge Frank H. Easterbrook:
- United States Court of Appeals for the Seventh Circuit, 2009-2010
- Note, Central Bank & Intellectual Property, 123 Harv. L. Rev. 730 (2010)
- Recent Case, C.B.C. Distribution & Marketing, Inc. v. Major League Baseball Advanced Media, L.P., 121 Harv. L. Rev. 1439 (2008)