Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated
limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States
and authorized and regulated by the Solicitors Regulation Authority with registration number 77071..
Beth Brinkmann is a leading national appellate litigator, handling federal and state court matters across the country, and has argued 26 cases before the Supreme Court of the United States. Beth also leads constitutional and statutory litigation against federal agency action. Clients regularly turn to Beth for advice on complex legal issues pending in litigation across multiple jurisdictions and Supreme Court strategy.
Beth is co-chair of the firm’s Appellate and Supreme Court Litigation practice.
Beth has argued on behalf of firm clients before the U.S. Supreme Court, representing several major power companies in a leading administrative law case and representing a patent owner in a win against the federal government. She has won significant recent appeals for firm clients in other courts as well, including in the California Supreme Court for a national athletic organization in a tort case; in the Second Circuit Court of Appeals for a global bank in an antitrust case; in the Fourth Circuit Court of Appeals for a national financial institution in a class action matter; in the Ninth Circuit Court of Appeals for an online app in an unfair business practice case; and in the DC Circuit in a FCC regulatory matter.
Beth’s litigation for clients against federal agency action in various federal district courts includes obtaining a preliminary injunction to prevent the government’s shutdown of a video-sharing app; winning an action for a global electronics maker against the government’s adverse designation to ban it from U.S. financial markets; and a nationwide preliminary injunction against the government’s proposed most-favored nation drug pricing rule on behalf of a life sciences association.
Before joining the firm, Beth served for more than 15 years in senior litigating positions at the U.S. Department of Justice, most recently as Deputy Assistant Attorney General in the Civil Division. She oversaw the Division’s nationwide appellate litigation, including winning oral arguments in defense of the Affordable Care Act, defense of the President in a national security political question suit, NIH funding of stem cell research, preemption of state immigration statutes, and federal regulation of the Supreme Court terrace. Beth presented congressional testimony and advised cabinet-level department leadership and regulatory agencies on dozens of rulemaking matters, litigation risk assessments, and legislative proposals. Beth previously served as Assistant to the Solicitor General for several years, representing Executive Branch agencies and officials before the U.S. Supreme Court. Beth also previously led a Supreme Court and appellate practice at another national firm, served as an Assistant Federal Public Defender with more than a dozen criminal jury trials, and worked as a public interest litigator, including two civil bench trials.
Over the course of her career, Beth has been recognized as an outstanding appellate advocate by multiple organizations and is regularly invited to speak before legal audiences about the U.S. Supreme Court business docket, appellate advocacy, and government-facing litigation.
Argued in U.S. Supreme Court on behalf of several major power companies on scope of federal regulatory authority under the Clean Air Act.
Prevailed on behalf of patent owner against federal government in U.S. Supreme Court, defeating government effort to bring administrative challenge to invalidate patent.
Represented United States Olympic Committee in California Supreme Court victory on tort liability standard involving duty to protect under special relationship theory.
Won Ninth Circuit Court of Appeals case for Meta (formerly Facebook) defending trial court summary judgment victory against nationwide advertiser class action alleging violations of state unfair business practice law.
Successfully litigated antitrust appeal involving the London Interbank Offered Rate (LIBOR) on behalf of global bank in Second Circuit Court of Appeals.
Won Fourth Circuit Court of Appeals case for financial services institution against class action challenge to interest charges.
Obtained nationwide injunction in federal district court in Administrative Procedure Act suit on behalf of life sciences client against federal drug pricing rule.
Successfully challenged executive order under International Emergency Economic Powers Act banning TikTok platform in the United States, followed by appellate defense strategy that ended in government revocation of executive order.
Represented media and social gaming mobile app in state regulatory proceeding and consumer class action involving unfair competition claims.
Represents pharmaceutical distributor in complex, multi-district civil litigation and state and federal appellate proceedings.
Represents defendants against claims under the Anti-Terrorism Act, RICO, and Trafficking Victims Protection Reauthorization Act.
Represents pharmaceutical manufacturers in Administrative Procedure Act regulatory litigation challenging federal drug discounting program.
Advises multiple clients on reproductive health care issues and state statutory developments following the Dobbs ruling.
Regularly files briefs as amicus curiae in U.S. Supreme Court matters, including recent briefs for: national retailer trade association on constitutional federalism issues; several national and state psychological associations on federal statutory family law issues; industry group in pharmaceutical-related patent matters; national music industry associations in copyright matters; and national computer and communications industry association in antitrust matter.
Unanimous win in U.S. Supreme Court for national motor carrier association invalidating certain state regulations as preempted by the Federal Aviation Administration Authorization Act.
Victory in U.S. Supreme Court, limiting ability of State to tax income earned on sale of nonunitary business by out-of-state company notwithstanding other business activity in State.
Represented major national manufacturer in U.S. Supreme Court on scope of the Federal Arbitration Act and grounds on which a court may vacate or modify an award.
Represented Governor of Guam in U.S. Supreme Court on interpretation of the debt limitation provision of the Guam Organic Act.
Argued trademark fair use matter in U.S. Supreme Court on behalf of small commercial business.
Represented university student in Family Educational Rights and Privacy Act lawsuit in U.S. Supreme Court.
Successfully defended in DC Circuit Court of Appeals against First Amendment challenge the federal regulation of activities on terrace at Supreme Court.
Prevailed in DC Circuit Court of Appeals on challenge to standing of local county official seeking invalidation of federal immigration guidance.
Won DC Circuit Court of Appeals ruling that upheld constitutionality of the Affordable Care Act.
Obtained appellate reversal in Ninth Circuit Court of Appeals of trial court’s sanctions against government counsel in FOIA litigation.
Prevailed in Eleventh Circuit Court of Appeals on federal preemption challenge to state immigration legislation.
Obtained DC Circuit Court of Appeals reversal of trial court’s invalidation of use of federal funding by National Institutes of Health for stem cell research.
En banc victory in DC Circuit Court of Appeals on political question doctrine to bar action against President and other government officials related to U.S. missile strike.
Successfully defended in Third Circuit Court of Appeals the constitutionality of agency’s revocation of individual’s security clearance.
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