Gregory G. Rapawy
- ph: 202.326.7967
- fx: 202.326.7999
Gregory Rapawy is a Kellogg Hansen partner with extensive experience representing clients throughout the litigation process at the trial, appellate, and Supreme Court level. He has litigated cases covering a broad variety of subject matters, including administrative law, antitrust, securities, and telecommunications. He has briefed dozens of Supreme Court and other federal and state appellate cases, argued cases in the federal and state courts of appeals, and opposed dispositive motions in complex, high-stakes cases at the district court level.
Mr. Rapawy has represented clients in pathmarking securities cases such as Merck & Co. v. Reynolds, 559 U.S. 633 (2010), which clarified the statute of limitations for claims of securities fraud; and Matrixx Initiatives, Inc. v. Siracusano, 563 U.S. 27 (2011), which recognized the materiality of information about adverse health effects of over-the-counter medication. He also recently represented the National Credit Union Administration (NCUA) as liquidating agent in a series of successful lawsuits (including appellate victories in three circuits) against major investment banks arising from the sale of residential mortgage-backed securities.
In other areas of litigation, he has appeared for both plaintiffs and defendants in cases covering a variety of subjects. He represented iPhone owners in a significant Supreme Court victory for private antitrust plaintiffs in Apple Inc. v. Pepper, et al., No. 17-204 (2019). He also successfully defended on appeal a statutory asset-freeze injunction in NCUA v. Jurcevic, 867 F.3d 616, 621 (6th Cir. 2017); a major jury verdict for a bankruptcy trustee in In re Magnesium Corporation of America, 682 F. App'x 24 (2d Cir. 2017), and an industry-wide antitrust class certification ruling in Kleen Products LLC v. International Paper Co., 831 F.3d 919 (7th Cir. 2016).
Mr. Rapawy also frequently represents clients petitioning for or opposing certiorari in the Supreme Court, or appearing as amici curiae to advise the Supreme Court and the courts of appeals on issues of broad constitutional, legal, or policy concern. As amicus counsel, he has written briefs on behalf of leading companies in the high-technology and Internet sectors for interpretations of intellectual property law that encourage genuine innovation; on behalf of sentencing reform advocates against harsh and inflexible mandatory minimum sentencing statutes; and on behalf of scholars advising the courts on issues of health policy and financial regulation.
Noteworthy Representations
Apple Inc. v. Pepper, et al., No. 17-204 (U.S.) – representing a class of iPhone owners, obtained affirmance of a ruling upholding the ability to sue Apple as direct purchasers
NCUA v. Jurcevic, 867 F.3d 616 (6th Cir. 2017) – representing liquidating agent for federally insured credit union in fraud case against former borrower, obtained affirmance of statutory asset-freeze injunction and reinstatement of additional claims
In re Magnesium Corporation of America, 682 F. App'x 24 (2d Cir. 2017) – representing bankruptcy trustee for magnesium producer, obtained affirmance of jury verdict against former owner and parent company for fraudulent conveyance and breach of fiduciary duty
Kleen Products LLC v. International Paper Co., 831 F.3d 919 (7th Cir. 2016) – representing purchasers of containerboard products in antitrust price-fixing case against manufacturers, obtained affirmance of class certification
Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, No. 389, 2014 (Del. 2015) – representing inventor of medical technologies, challenged trial verdict on licensing and contract claims
NCUA v. Barclays Capital Inc., 785 F.3d 387 (10th Cir. 2015) – representing liquidating agent for federally insured credit union, obtained reversal of rulings on effectiveness of tolling agreement
NCUA v. Nomura Home Equity Loan, Inc., 764 F.3d 1199 (10th Cir. 2014) – representing liquidating agent for federally insured credit union, obtained affirmance of favorable ruling on statute of limitations for securities claims against investment banks
Limelight Networks, Inc. v. Akamai Technologies., Inc., 134 S. Ct. 2111 (2014) – representing technology company accused of patent infringement, obtained reversal of appellate ruling broadening the scope of indirect infringement liability
In re Bank of New York Mellon Corp. Forex Transactions Litigation, 991 F. Supp. 2d 479 (S.D.N.Y. 2014) – representing custodial bank in dispute over pricing of foreign currency transactions, obtained dismissal of claims under state false claims act
Burrage v. United States, 134 S. Ct. 881 (2014) – representing sentencing reform advocates as amici curiae, successfully supported narrow interpretation of mandatory minimum statute
In re Terrorist Attacks on September 11, 2001, 714 F.3d 109 (2d Cir. 2013) – representing foreign governmental charity accused of support for terrorism, obtained affirmance of dismissal
Alleyne v. United States, 570 U.S. 99 (2013) – representing sentencing reform advocates as amici curiae, successfully supported right to jury trial of mandatory minimum sentencing predicates
Ryan v. Gonzales, 568 U.S. 57 (2013) – representing psychiatric association as amicus curiae, supported district court authority to stay habeas cases for lack of petitioner competence
Delta Air Lines v. Export-Import Bank of the United States, 718 F.3d 974 (D.C. Cir. 2013) – representing U.S. airline challenging subsidies to foreign competitors, obtained reversal of adverse ruling on standing and favorable ruling on availability of judicial review
Pacific Operators Offshore, LLP v. Valladolid, 132 S. Ct. 680 (2012) – representing beneficiary of deceased offshore worker, obtained affirmance on availability of federal workers’ compensation
Matrixx Initiatives, Inc. v. Siracusano, 131 S. Ct. 1309 (2011) – representing investors in securities fraud case about adverse effects of medication, obtained affirmance on materiality ruling
Merck & Co. v. Reynolds, 130 S. Ct. 1784 (2010) – representing investors in securities fraud case against pharmaceutical manufacturer, obtained affirmance on timeliness of claims
American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011) – representing several private land trust organizations in an action against major power companies under federal common law, sought injunctive relief to reduce carbon emissions
In re NSA Telecommunications Records Litigation, 671 F.3d 881 (9th Cir. 2011) – representing major telecommunications carriers in class actions arising out of cooperation with government surveillance program, obtained affirmance of judgment dismissing all counts
Global NAPs, Inc. v. Verizon New England Inc., 603 F.3d 71 (1st Cir. 2010) – representing a major telecommunications carrier in dispute over intercarrier charges, obtained affirmance of summary judgment
Northeast Controls, Inc. v. Fisher Controls International LLC, Nos. 08-1357 & 08-1820 (3d Cir. 2010) – representing valve manufacturer in indemnification dispute arising from a fire and explosion at a power plant, obtained reversal of adverse judgment
Publications
Leading Case, Christensen v. Harris County, 120 S. Ct. 1655, 114 Harvard Law Review 369 (2000)
Recent Case, Campbell v. Clinton, 203 F.3d 19, 113 Harvard Law Review 2134 (2000)
Recent Legislation, Federal Mandate Procedures, 36 Harvard Journal on Legislation 571 (1999)
Education
Harvard Law School, J.D., magna cum laude, 2001
- Articles Chair, Harvard Law Review, 2000-2001
Harvard University, John F. Kennedy School of Government, M.P.P., 2001
Stanford University, A.B., with honors and distinction, 1997
Clerkship
Law Clerk, Justice David H. Souter, U.S. Supreme Court, 2003-2004
Law Clerk, Judge Sandra L. Lynch, U.S. Court of Appeals, First Circuit, 2001-2002
Government Service
Bristow Fellow, Office of the Solicitor General, U.S. Department of Justice, 2002-2003