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Beth S. Brinkmann

Partner

Beth Brinkmann is a veteran appellate litigator with extensive experience in handling complex client matters. Her strong background in both government and private practice informs her understanding of how best to support her clients’ objectives, while resolving their most difficult legal challenges.

Ms. Brinkmann joined the firm as co-chair of the Appellate and Supreme Court Litigation Group after serving as Deputy Assistant Attorney General in the U.S. Department of Justice, Civil Division, where she oversaw the Division’s nationwide appellate litigation. She also has practiced for more than two decades before the Supreme Court of the United States, including as Assistant to the Solicitor General and in private practice. She argued her 25th case before the Supreme Court in 2019, and regularly argues in appellate courts across the country.

  • Argued in Supreme Court for patent owner defending against federal government effort to bring administrative challenge to invalidate patent.
  • Represented national music industry associations as amici curiae in copyright matters before the Supreme Court.
  • Represented national computer and communications industry association as amicus curiae in antitrust matter before the Supreme Court.
  • Represent pharmaceutical distributor in complex, multi-district civil litigation and separate state and federal proceedings.
  • Represent media and social gaming company in state regulatory proceeding and consumer class action alleging unfair competition claims.
  • Represent pharmaceutical company in patent litigation before the Federal Circuit.
  • Represent company against claims under the Anti-Terrorism Act and RICO.
  • Advise clients on federal rulemaking processes and assess potential litigation challenges.
  • Successfully defended in court of appeals against First Amendment challenge the statutory regulation of activities on terrace at entrance to Supreme Court.
  • Prevailed on challenge to standing of local official seeking invalidation of federal immigration guidance.
  • Obtained appellate reversal of trial court’s sanctions award against government in FOIA litigation.
  • Prevailed in appellate court on preemption challenge to state immigration legislation.
  • Obtained appellate reversal of trial court’s invalidation of specific uses of federal funding by National Institutes of Health.
  • En banc appellate victory on political question doctrine to bar action against President and other government officials related to U.S. missile strike.
  • Successfully defended constitutionality of agency’s revocation of individual’s security clearance.
  • Unanimous win in Supreme Court invalidating certain state regulations as preempted by the Federal Aviation Administration Authorization Act.
  • Obtained victory in Supreme Court on constitutional grounds, limiting ability of State to tax income earned on sale of nonunitary businesses by out-of-state companies notwithstanding other business activity in State.

Memberships and Affiliations

  • DC Volunteer Lawyers Project, Board of Directors
  • Supreme Court Historical Society, Board of Trustees
  • Historical Society of the District of Columbia Circuit, Board of Directors
  • Legal Aid Society of the District of Columbia, Generous Associates Campaign, Honorary Chair (2018)
  • Edward Coke Appellate Inn of Court

Previous Experience

  • U.S. Department of Justice: Deputy Assistant Attorney General, Civil Division
  • U.S. Department of Justice: Assistant to the Solicitor General
  • Assistant Federal Public Defender
  • Attorney General’s John Marshall Award, Department of Justice’s highest award to attorneys for outstanding legal work in specialized areas
  • Abraham Lincoln Honor Award from the Secretary of Agriculture
  • National Institutes of Health, Director’s Award
  • Rex Lee Advocacy Award from the J. Reuben Clark Law Society
  • Edmund Randolph Award from the William & Mary School of Law, Institute of Bill of Rights Law
  • Distinguished Alumni Award, Cal Alumni Club of Washington, DC
  • Legal 500 US, Leader in Dispute Resolution - Appellate - Supreme Court
  • Best Lawyers in America, Leader in Appellate Law
  • Washington DC Super Lawyers, Leading Appellate Lawyers; Top 50 Women Lawyers in Washington, DC
  • Legal Times, Washington DC’s Most Influential Women Lawyers
  • Washingtonian Magazine, Washington’s Top Constitutional Lawyers
  • Chambers USA Guide to America’s Leading Business Lawyers, Appellate Litigation
  • Legal Times, DC Area’s Top 12 Appellate Litigators
  • National Association of Attorneys General, Volunteer Award