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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.
As the Civil Division’s top appellate lawyer, Ms. Brinkmann represented federal agencies and Executive Branch officials in high-profile cases across a range of subject areas, including constitutional law, regulatory challenges, intellectual property matters, FOIA, federal preemption, and national security cases. She regularly coordinated with government trial teams on analysis of potential legal arguments at early phases of litigation, and collaborated across offices on development of appellate and Supreme Court strategy. Ms. Brinkmann also presented congressional testimony and advised senior leadership of cabinet-level departments and regulatory agencies regarding litigation risk, legislative proposals, and rulemaking matters.
Previously, Ms. Brinkmann also served as Assistant Federal Public Defender, representing indigent criminal defendants, including approximately a dozen felony jury trials, and worked in private practice on civil trial and appellate matters.
- Successfully argued in Supreme Court for patent owner defending against federal government effort to bring administrative challenge to invalidate patent.
- Represented an industry group as amicus curiae in pharmaceutical-related patent matters before the Supreme Court.
- Represented national music industry associations as amici curiae in copyright matters before the Supreme Court.
- Represents pharmaceutical distributor in complex, multi-district civil litigation and separate state and federal proceedings.
- Represented national computer and communications industry association as amicus curiae in antitrust matter before the Supreme Court.
- Represented media and social gaming company in state regulatory proceeding and consumer class action involving unfair competition claims.
- Represents company against claims under the Anti-Terrorism Act and RICO.
- Advises clients on federal rulemaking processes and assessment of 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
Criminal Statutes of Limitations and Speedy Trial Act Considerations During the COVID-19 Pandemic
April 3, 2020, Covington Alert
COVID-19 (hereinafter, “the coronavirus”) is causing significant interruptions to the legal system across the United States, with implications for actual and potential subjects in government investigations and defendants in enforcement actions. This client advisory analyzes the pandemic’s potential effects on the default statute of limitations for federal crimes ...
Covington Selected as Managing IP Award Winner
March 26, 2020
WASHINGTON—Managing IP recognized Covington with two “Impact Case of the Year” awards at its 2020 Americas Awards. The Managing IP awards program recognizes remarkable achievements and developments in the past 12 months. Managing IP recognized Covington for representing Return Mail, Inc. in its victory in the U.S. Supreme Court establishing that a federal agency ...
March 25, 2020, Covington Alert
Piracy has long been a problem in America, although modern day pirates of intellectual property bear little resemblance to their old-school counterparts sailing along the Caribbean and the American coast. Yet in a ruling on Monday, March 23, the Supreme Court tied together the legacies of those two very different types of pirates: modern-day state governments ...
IPM's Making Waves: Beth S Brinkmann
January 24, 2020, Intellectual Property Magazine
Beth Brinkmann was featured in Intellectual Property Magazine’s “Making Waves” to discuss her career as an intellectual property lawyer. Ms. Brinkmann told IPM that she entered intellectual property law because the practice was becoming more robust in the U.S. and financially significant to the tech and biotech industry. She later supervised the amicus briefs ...
October 25, 2019
WASHINGTON—The National Law Journal has named Covington to its “Appellate Hot List” for the eighth time. Lawyers and law firms featured in the annual special report were recognized for winning “key matters before the U.S. Supreme Court and federal courts of appeals.” Over the past two years, lawyers in Covington’s Appellate and Supreme Court practice ...
August 28, 2019, Covington Alert
On August 23, 2019, President Donald J. Trump tweeted: "Our great American companies are hereby ordered to immediately start looking for an alternative to China, including bringing . . . your companies HOME and making your products in the USA."
August 26, 2019, The National Law Journal
Beth Brinkmann spoke with the National Law Journal and discussed her recent win at the Supreme Court, her former national appellate practice for the federal government, and the role of other women Supreme Court clerks as leaders at Covington. Ms. Brinkmann marked her 25th argument before the Supreme Court with a win in a major patent case against the federal ...
July 15, 2019, Bloomberg
Beth Brinkmann spoke with Bloomberg about her experience as a woman arguing before the Supreme Court. Ms. Brinkmann—who has argued before the Court 25 times—says, “People are putting more of a spotlight on these issues. But there’s so much work that needs to be done.”
June 10, 2019
WASHINGTON—Covington won a precedent-setting dispute before the U.S. Supreme Court on behalf of Return Mail, Inc. in a case that attracted significant attention in the patent field, particularly within industries that involve competition or collaboration with the federal government. The 6-3 ruling concludes a pivotal chapter in Return Mail’s 15-year, multi-forum ...
High Court Bars AIA Patent Challenges By Gov't
June 10, 2019, Law360
Beth Brinkmann is quoted in Law360 regarding Return Mail, Inc.’s Supreme Court victory. Ms. Brinkmann said in a statement that “the court’s decision confirms that federal agencies do not get an extra change to challenge privately held patents under AIA.”
May 16, 2019, Covington Alert
On May 13, 2019, the Supreme Court (“the Court”) announced its 5-4 decision in Apple, Inc. v. Pepper, permitting iPhone users to proceed with an antitrust suit against Apple alleging that it monopolized the retail market for iPhone apps.
May 7, 2019
LOS ANGELES—For the second consecutive year, The National Law Journal has named Covington to its "Pro Bono Hot List." The 2019 special report recognizes the lawyers and law firms who "have used their legal expertise to take on some of the biggest issues of our time." In its profile of the firm, The National Law Journal highlights Covington's pro bono efforts, ...
Our 2019 Pro Bono Hot List
May 7, 2019, The National Law Journal
Covington was named to The National Law Journal's "Pro Bono Hot List" for its representation of the City of Los Angeles to prevent the federal government from requiring assistance with immigration enforcement as a condition of grants. “Law firms can help close this gap, particularly in cases like these that require substantial expertise and resources,” said ...
November 15, 2018
WASHINGTON—Covington's patent litigation team successfully petitioned the U.S. Supreme Court to hear a case on behalf of its client, Return Mail, Inc., which saw its patent on a system for handling undeliverable mail invalidated in 2015 after the U.S. Postal Service petitioned for Covered Business Method Review. The case, which will involve interpretation of ...
September 19, 2018, The National Law Journal
Beth Brinkmann spoke at a Washington Legal Foundation event previewing the upcoming Supreme Court term. She is quoted in The National Law Journal regarding the current 8-Justice Supreme Court saying the justices may “try to avoid affirming by 4-4” by crafting narrow rulings that would attract more than four votes, or else by dismissing the cases altogether.
Another One Bites the Dust (Thanks Covington)
April 16, 2018, The Am Law Litigation Daily
The Am Law Litigation Daily highlights a victory on behalf of the city of Los Angeles following U.S. District Judge Manuel Real's decision to enjoin an attempt by the Justice Department to link funding for community-oriented policing to cooperation with federal law enforcement agencies on immigration enforcement. Mitch Kamin, who was a member of the Covington ...
Hire Power: The 25 Biggest Lateral Moves of 2017
January 28, 2018, The American Lawyer
Beth Brinkmann was named to The American Lawyer's list of "The 25 Biggest Lateral Move of 2017."
May 4, 2017, Covington Alert
Investments in developing economies offer substantial benefits for many reasons, including their growth potential. But they often come with greater economic and political risks. Investment-protection treaties are an important and relatively inexpensive tool to manage some of those risks. Most bilateral and multilateral investment treaties provide foreign ...
726 Women Carve a Legacy at the Supreme Court Lectern
March 15, 2017, The National Law Journal
Beth Brinkmann is quoted by The National Law Journal in an article regarding a research project uncovering how many women argued at the Supreme Court throughout its history. Brinkmann, who clerked for Justice Harry Blackmun in the October 1986-87 term, recalls seeing “dozens” of female advocates at the lectern for arguments. According to Brinkmann, seeing women ...
Covington Adds Ex-Deputy Assistant AG To Appellate Group
February 6, 2017, Law360
Beth Brinkmann is quoted in a Law360 article regarding her recent arrival to Covington’s Appellate and Supreme Court Practice Group. According to Brinkmann, “The teamwork and collaboration at Covington is incredible and the strength of its appellate practice attracted me to the firm.”
January sees US law firms seek lateral talent
February 2, 2017, Commercial Dispute Resolution
Beth Brinkmann and Robert Long are quoted in a Commercial Dispute Resolution article regarding Brinkmann’s arrival to Covington’s Appellate and Supreme Court Practice Group. Citing “Covington’s long history litigating important cases in the Supreme Court,” Brinkmann says she looks forward to the opportunity to help expand the appellate practice. According to ...
February 1, 2017, The Litigation Daily
The Litigation Daily features Beth Brinkmann, Craig Pollack, and Louise Freeman in an article about the “Top Lateral Litigator Moves in January.” Commenting on her move to Covington, Brinkmann says that the firm “turned out to be just a really unique opportunity,” praising its “culture of teamwork” and “longstanding presence in the legal community.” Alex ...
Deputy Assistant Attorney General Joins Covington
January 31, 2017
WASHINGTON—Beth Brinkmann has joined Covington as a partner in the firm’s Appellate and Supreme Court Practice Group in Washington. Ms. Brinkmann served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice from 2009 to 2016. She has argued 24 cases before the Supreme Court of the United States. Ms. Brinkmann is an ...
Sotomayor Joins Conservatives in Key Patent Ruling
Beth Brinkmann spoke with The Recorder about her argument on behalf of Return Mail, Inc. before the Supreme Court. Ms. Brinkmann says, “The court’s decision confirms that federal agencies do not get an extra chance to challenge privately held patents under the AIA.”
- 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
Education
Yale Law School, J.D.
- Yale Law Journal, Note Editor
University of California, Berkeley, A.B.
- with great distinction
- Phi Beta Kappa