Appellate Lawyer of the Week Deanne Maynard

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					                                                                                               Supreme Court Insider
OctOber 17, 2011

                   Appellate Lawyer of the Week: Deanne Maynard
Marcia coyle                                                                                          firm has been handling the case all along.
                                                                                                      We also get hired to handle appeals where
    When Deanne Maynard donned the
                                                                                                      other firms handled them below. Another
traditional morning coat for argument in
                                                                                                      thing I like about MoFo is we have about
the Supreme Court as an assistant to the
                                                                                                      a thousand lawyers, but it has a very small
solicitor general, her then nearly four-
                                                                                                      feel. I’ve been here a little over two years
year-old daughter took careful note of the
                                                                                                      and worked with lawyers in every office,
outfit. Later that evening as the family,
                                                                                                      including Tokyo. I’ve worked on things with
out for dinner, walked past a tuxedo store
                                                                                                      people from China as well.”
with bride and groom mannequins in the
                                                                                                         Since her time in the solicitor general’s
window, her daughter said, “There’s your
                                                                                                      office, Maynard has gravitated towards
suit! They let men wear them, too.”
    “It’s all about your perspective,” said                  Morrison & Foerster's                    business-related issues, attracted by their
                                                                                                      complexity and potentially important
Maynard, which is not a bad philosophy on                     Deanne Maynard                          consequences. While an assistant solicitor
life in general.
                                                                                                      general, she was principal author of briefs
    Maynard shed the morning coat in 2009
                                                                                                      in Bell Atlantic Corp. v. Twombly and Quanta
to become head of the Supreme Court and                She has sat at the counsel table in the
                                                                                                      Computer, Inc. v. LG Electronics, Inc., and briefs
appellate practice group at Morrison &              Supreme Court twice in the first two
                                                                                                      at the certiorari stage in Bilski v. Doll and
Foerster. She is one of the relatively new          weeks of this term, as counsel of record
                                                                                                      American Needle, Inc. v. National Football
and young crop of lawyers — often from              for Douglas v. California Pharmacists, one of
the Office of Solicitor General — to move           three consolidated cases, and counsel in
                                                                                                         Today, she said, “Everything we get to
into appellate leadership positions in big law      CompuCredit Corp. v. Greenwood. She has filed
                                                                                                      do, especially what we do in the Supreme
firms in the last few years. Her immediate          an amicus brief this term on behalf of the
                                                                                                      Court, is going to be intellectually
predecessor — Beth Brinkmann — had left             U.S. Chamber of Commerce in Credit Suisse
                                                                                                      challenging. I do really like the complex
the firm to become deputy assistant attorney        Securities v. Simmonds. Maynard argued and
                                                                                                      statutory scheme cases and cases that are
general in charge of the civil appellate            won the first case in the October 2010 term
                                                                                                      high stakes for the client.”
division in the Department of Justice.              — Ransom v. FIA Card Services — and was on
                                                                                                         Competition for Supreme Court cases can
    “I wasn’t looking to leave,” said Maynard,      the brief with her partner Seth Galanter
                                                                                                      be fierce because the docket is so small, she
who had joined the solicitor general’s office       who successfully argued Virginia Office of
                                                                                                      noted. “There are a lot of talented lawyers
in 2004. “This was just an opportunity that         Protection and Advocacy v. Stewart.
                                                                                                      in the Supreme Court bar. It is a competitive
fell into my lap. As great a job as the solicitor      “Our practice is booming,” she said. The
                                                                                                      landscape in that way but it’s a very collegial
general’s office is, to get the opportunity         firm has about 20 lawyers who primarily
                                                                                                      bar. A lot of us have worked together in one
to be head of an appellate practice was too         handle appellate work. In California, she
                                                                                                      way or another so it’s quite a privilege to
good to pass up.”                                   noted, former California Court of Appeal
                                                                                                      be part of the group. I have a great job and
    Maynard was no stranger to big firm             Justice Miriam Vogel is senior counsel and
                                                                                                      consider myself very lucky.”
life. Before joining the solicitor general’s        has an expansive practice in the firm’s Los
office, she had been a partner in Jenner            Angeles office. Maynard has a very active
                                                                                                        Marcia Coyle can be contacted at mcoyle@
& Block for five years and an associate for         federal courts of appeals practice that largely
four years before that.                             reflects the strengths of MoFo, she said —
    “I had always admired the lawyers in the        a lot of intellectual property cases in the
solicitor general’s office,” she recalled. “It’s    Federal Circuit and a lot of financial services
such an honor and a privilege to represent          and bankruptcy issues.
the United States in the Supreme Court                 “One of the things I love about MoFo
and that office holds itself to such a high         is that the ethics of the firm is to find the
standard. At one point, I heard there were          best person in the firm to do whatever the
five openings and just thought that seemed          client needs,” she said. “There’s a lot of
                                                                                                      Reprinted with permission from the October 17, 2011 edition of THE
like an opportunity. I threw my hat in the          sharing which is great both for those who         NATIONAL LAW JOURNAL © 2011 ALM Media Properties, LLC.
ring. Ted Olson was the solicitor general, and      work here as well as for our clients. We          All rights reserved. Further duplication without permission is prohibited.
                                                                                                      For information, contact 877-257-3382, or visit www.
he offered me the chance to work there.”            often get brought in to appeals where the #005-10-11-15