Deepak Gupta (attorney)

Last updated
Deepak Gupta
Deepak Gupta.jpg
Born (1977-09-14) September 14, 1977 (age 47)
Education Fordham University (BA)
University of Oxford
Georgetown University (JD)

Deepak Gupta (born September 14, 1977) is an American attorney known for representing consumers, workers, and a broad range of clients in U.S. Supreme Court and appellate cases and constitutional, class action, and complex litigation. Gupta is the founding principal of the law firm Gupta Wessler LLP and a lecturer at Harvard Law School, where he is an instructor in the Harvard Supreme Court Litigation Clinic. [1]

Contents

Early life and education

Gupta earned a Bachelor of Arts degree in philosophy from Fordham University and a Juris Doctor from the Georgetown University Law Center. He also studied Sanskrit at the University of Oxford in England. He served as a law clerk for Judge Lawrence K. Karlton. [2]

Career

He teaches as a lecturer on law at Harvard Law School, where he is an instructor in the Harvard Supreme Court Litigation Clinic and was previously a Wasserstein Public Interest Fellow, and is a former adjunct professor of Law at Georgetown Law and American University's Washington College of Law. In 2011, Gupta became the first appellate litigator hired under Elizabeth Warren’s leadership at the Consumer Financial Protection Bureau. [3] After leaving the CFPB in 2012, he established the firm now known as Gupta Wessler LLP. He previously worked for seven years at Public Citizen Litigation Group, where he was staff attorney and the founding director of the Consumer Justice Project and the Alan Morrison Supreme Court Assistance Project Fellow. He is an appointed member of the Administrative Conference of the United States and an elected member of the American Law Institute and serves on the boards of several organizations and academic research institutes, including the Open Markets Institute, the National Consumer Law Center, and the Lawyers' Committee for Civil Rights Under Law. [4] [5] [6] Gupta has worked in the U.S Department of Justice Voting Rights Section and at the ACLU's National Prison Project and Americans United for Separation of Church and State. [7]

Deepak Gupta has been considered a potential nominee for a federal judgeship to the United States Court of Appeals for the District of Columbia Circuit by President Joe Biden. [8] Law360 called him "one of the emerging giants of the appellate and the Supreme Court bar," a "heavy hitter," and a “principled” and "incredibly talented lawyer." [7]

Notable cases

In 2019, Gupta became the first Asian-American invited by the U.S. Supreme Court to argue as a court-appointed amicus (in support of a judgment left undefended by the U.S. Solicitor General). [5] In November 2018, he was invited to brief and argue as amicus curiae in support of the judgment in Smith v. Berryhill. This was a Social Security case from Kentucky. [9]

In 2021, Gupta argued and won a unanimous U.S. Supreme Court ruling, in Ford Motor Co. v. Montana Eighth Judicial Dist. , on the jurisdictional limits under the Due Process Clause for consumer product liability lawsuits. [10] [11] [12]

In 2022, Gupta secured a $125-million nationwide class action settlement in a lawsuit that he led against the federal judiciary, challenging fees for access to the PACER electronic records system. [13]

In Expressions Hair Design v. Schneiderman , Gupta successfully represented retail merchants before the United States Supreme Court in a First Amendment challenge to state laws, enacted at the behest of the credit-card industry, that hid the cost of credit cards from consumers. [14]

Gupta argued the case of AT&T Mobility v. Concepcion for the respondent before the United States Supreme Court. This landmark case concerned the validity of forced arbitration clauses used by companies to suppress group claims of discrimination, harassment, wage theft, deceptive practices, and predatory lending. [15]

Selected publications

Related Research Articles

<span class="mw-page-title-main">Tom Goldstein</span> American lawyer (born 1970)

Thomas Che Goldstein is an American lawyer. He is known for his advocacy before and blog about the Supreme Court of the United States. He was a founding partner of Goldstein and Howe, a Washington, D.C., firm specializing in Supreme Court litigation, and was, until the end of 2010, a partner at Akin Gump, where he was co-head of the litigation and Supreme Court practices. He retired from Goldstein & Russell in March 2023.

<span class="mw-page-title-main">Neal Katyal</span> American lawyer and academic (born 1970)

Neal Kumar Katyal is an American lawyer and legal scholar. He is a partner at the Hogan Lovells law firm and is the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center.

A Supreme Court Clinic is a law school clinic that provides hands-on legal experience in Supreme Court Litigation to law students. Clinics are usually directed by clinical professors and experienced Supreme Court litigators and typically represent indigent or non-profit clients in the Supreme Court of the United States. Assistance is provided pro bono.

Jeffrey P. Minear was the counselor to Chief Justice John G. Roberts Jr. Minear began work at the Supreme Court on September 11, 2006. Previously he had been senior litigation counsel and assistant to the Solicitor General, Department of Justice (DOJ).

Theodore Harold Frank is an American lawyer, activist, and legal writer based in Washington, D.C. He is the counsel of record and petitioner in Frank v. Gaos, the first Supreme Court case to deal with the issue of cy pres in class action settlements; he is one of the few Supreme Court attorneys ever to argue his own case. He wrote the vetting report of vice-presidential candidate Sarah Palin for the John McCain campaign in the 2008 presidential election. He founded the Center for Class Action Fairness (CCAF) in 2009; it temporarily merged with the Competitive Enterprise Institute in 2015, but as of 2019 CCAF is now part of the new Hamilton Lincoln Law Institute, a free-market nonprofit public-interest law firm founded by Frank and his CCAF colleague Melissa Holyoak.

Alan Butler Morrison is an American attorney and the co-founder of Public Citizen Litigation Group.

<span class="mw-page-title-main">Kannon Shanmugam</span> American attorney

Kannon Kumar Shanmugam is an American lawyer known for his litigation at the U.S. Supreme Court. He is a partner at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison and is co-chair of the firm's litigation department, chair of the firm's Washington, D.C. office, and chair of its Supreme Court and appellate practice group. Shanmugam was mentioned as a possible Solicitor General or judicial nominee in the 2017–2021 Donald Trump administration.

Gibson, Dunn & Crutcher LLP is an American multinational law firm headquartered in Los Angeles, California. Founded in 1890, the firm has more than 1,900 attorneys and 1,000 staff in 21 offices across the world, including North America, Europe, Asia, and the Middle East. It is one of the largest and most profitable law firms in the world. The firm is known for its litigation practice, particularly in appellate law.

Peter Bowman "Bo" Rutledge is the Dean and the Herman E. Talmadge Chair of Law at the University of Georgia School of Law in Athens, Georgia. An American attorney, academic and a specialist in international business transactions, international dispute resolution, litigation, arbitration, and the U.S. Supreme Court, he served as a law clerk for Associate U.S. Supreme Court Justice Clarence Thomas in 1998.

<span class="mw-page-title-main">Stephanos Bibas</span> American judge (born 1969)

Stephanos Bibas is an American lawyer and jurist who serves as a circuit judge on the U.S. Court of Appeals for the Third Circuit. Before his appointment to the bench, Bibas was a professor of law and criminology at the University of Pennsylvania Law School, where he also served as director of its Supreme Court clinic.

<span class="mw-page-title-main">Edelson</span> American law firm known for class action lawsuits

Edelson PC is an American plaintiffs' law firm that focuses on public client investigations, class actions, mass tort, and consumer protection laws. Edelson’s cases include class action settlements against Facebook for $650 million (2021), social casino apps for nearly $200 million (2021), and a $925 million verdict against ViSalus (2020.)

AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), is a legal dispute that was decided by the United States Supreme Court. On April 27, 2011, the Court ruled, by a 5–4 margin, that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class-wide arbitration, such as the law previously upheld by the California Supreme Court in the case of Discover Bank v. Superior Court. As a result, businesses that include arbitration agreements with class action waivers can require consumers to bring claims only in individual arbitrations, rather than in court as part of a class action.

<span class="mw-page-title-main">Consumer Financial Protection Bureau</span> United States government agency

The Consumer Financial Protection Bureau (CFPB) is an independent agency of the United States government responsible for consumer protection in the financial sector. CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, for-profit colleges, and other financial companies operating in the United States. Since its founding, the CFPB has used technology tools to monitor how financial entities used social media and algorithms to target consumers.

Citizens for Responsibility and Ethics in Washington v. Trump was a case brought before the United States District Court for the Southern District of New York. The plaintiffs, watchdog group Citizens for Responsibility and Ethics in Washington (CREW), hotel and restaurant owner Eric Goode, an association of restaurants known as ROC United, and an Embassy Row hotel event booker named Jill Phaneuf alleged that the defendant, President Donald Trump, was in violation of the Foreign Emoluments Clause, a constitutional provision that bars the president or any other federal official from taking gifts or payments from foreign governments. CREW filed its complaint on January 23, 2017, shortly after Trump was inaugurated as president. An amended complaint, adding the hotel and restaurant industry plaintiffs, was filed on April 18, 2017. A second amended complaint was filed on May 10, 2017. CREW was represented by several prominent lawyers and legal scholars in the case.

Jeffrey Bryan Wall is an American attorney and former government official who served as the acting Solicitor General of the United States and the Principal Deputy Solicitor General of the United States during the first presidency of Donald Trump. He is now a partner and head of Supreme Court and Appellate Practice at Sullivan & Cromwell in New York and Washington, DC.

Michael R. Dreeben is a former Deputy Solicitor General who was in charge of the U.S. Department of Justice criminal docket before the United States Supreme Court. He is recognized as an expert in U.S. criminal law.

<i>English v. Trump</i>

Leandra English v. Donald Trump, et al., No. 1:17-cv-02534, was a lawsuit before the United States District Court for the District of Columbia. The plaintiff, Leandra English, alleged that the defendants, Donald Trump and Mick Mulvaney, violated 12 U.S.C. § 5491(b)(5)(B), a component of the Dodd–Frank Act of 2010, when President Trump appointed Mulvaney to be Acting Director of the Consumer Financial Protection Bureau (CFPB).

Sharon McGowan is an American lawyer and a partner at Katz Banks Kumin LLP, an employment and whistleblower firm based in Washington, D.C. Prior to joining KBK, she was the legal director and chief strategy officer for Lambda Legal. McGowan was an Obama administration appointee in the role of Acting General Counsel and Deputy General Counsel for Policy at the U.S. Office of Personnel Management. She also served as Principal Deputy Chief of the Appellate Section of the Civil Rights Division in the Department of Justice. In 2019, she was honored with the Stonewall Award, bestowed by the American Bar Association's Commission on Sexual Orientation and Gender Identity.

Seila Law LLC v. Consumer Financial Protection Bureau, 591 U.S. 197 (2020) was a U.S. Supreme Court case which determined that the structure of the Consumer Financial Protection Bureau (CFPB), with a single director who could only be removed from office "for cause", violated the separation of powers. Handed down on June 29, 2020, the Court's 5–4 decision created a new test to determine when Congress may limit the power of the president of the United States to remove an officer of the United States from office.

The National Asian Pacific American Bar Association (NAPABA) is a nonprofit organization representing Asian Pacific American lawyers in the United States.

References

  1. ↑ "Gupta & Wessler". 24 May 2012.
  2. ↑ "Deepak Gupta, Appellate Advocate, Principal at Gupta Wessler". guptawessler.com. 22 May 2012. Retrieved 2017-11-27.
  3. ↑ "Who is Deepak Gupta? Ex-CFPB employee emerges as leading anti-Trump litigator". November 28, 2017.
  4. ↑ "Deepak Gupta". 25 November 2020.
  5. 1 2 "ALI Members".
  6. ↑ "Deepak Gupta Gets Call to Argue Position Trump's DOJ Abandoned".
  7. 1 2 "Law360 In-Depth". www.law360.com. 2017-11-06. Retrieved 2017-12-05.
  8. ↑ "Biden Takes Time Weighing Next Pick for D.C. Circuit".
  9. ↑ "Deepak Gupta Gets Call to Argue Position Trump's DOJ Abandoned". November 6, 2018.
  10. ↑ Liptak, Adam (March 25, 2021). "Ford Can Be Sued in States Where Accidents Occurred, Supreme Court Rules". The New York Times . Retrieved March 26, 2021.
  11. ↑ Frankel, Alison (January 20, 2020). "Stakes are high for businesses, products liability plaintiffs in Supreme Court's new Ford cases". Reuters . Retrieved March 26, 2021.
  12. ↑ Frankel, Alison (October 7, 2020). "Supreme Court struggles over broad jurisdictional rule in Ford crash cases". Reuters . Retrieved March 26, 2021.
  13. ↑ "Electronic filing coming to the Supreme Court". WTNH Connecticut News. 2017-11-11. Archived from the original on 2017-12-01. Retrieved 2017-11-27.
  14. ↑ "U.S. top court throws out ruling that upheld N.Y. credit card law". Reuters. 2017-03-29. Retrieved 2020-04-14.
  15. ↑ "LA Times - Consumers' right to file class actions is in danger". Los Angeles Times . 5 November 2010.
  16. 1 2 3 "Harvard Law School publications".
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.