John P. Elwood

• Henderson v. United States, 575 U.S. 622 (2015). Persuaded the Supreme Court to grant review in a case involving restrictions the on the transfer of firearms by persons convicted of criminal offense; co-authored brief that won unanimous ruling that court-ordered transfer of firearms did not constituted possession prohibited by statute.
• Borough of Duryea v. Guarnieri, 564 U.S. 379 (2011). Author of a brief that successfully argued that a government employer's allegedly retaliatory actions against an employee do not give rise to liability under the First Amendment's Petition Clause, unless the employee's petition relates to a matter of public concern.

Argued While an Assistant to the Solicitor General

• Castle Rock v. Gonzales, 545 U.S. 748 (2005). Successfully argued that the holder of a restraining order lacks a procedural due process right to enforce the order.
• Yarborough v. Alvarado, 541 U.S. 652 (2004). Successfully argued that, on habeas review, courts need not consider a suspect's age and previous law-enforcement history when determining his entitlement to Miranda warnings.
• Central Laborers' Pension Fund v. Heinz, 541 U.S. 739 (2004). Argued that a pension fund had complied with the Employment Retirement Income Security Act (ERISA) when it temporarily disqualified certain pension holders from receiving benefits.
• National Park Hospitality Assn. v. Dept. of the Interior, 538 U.S. 803 (2003). Successfully argued that a government contracting case brought under the Contract Disputes Act was not ripe for judicial resolution.
• Whitman v. Department of Transportation, 547 U.S. 512 (2006). Principal author of brief arguing that the Civil Service Reform Act did not permit suit for certain employment grievances.
• Raytheon v. Hernandez, 540 U.S. 44 (2003). Principal author of amicus brief arguing that the Americans with Disabilities Act permits employers to take adverse action because of misconduct related to drug or alcohol addiction.
• Chavez v. Martinez, 538 U.S. 760 (2003). Principal author of amicus brief arguing that a suspect's Fifth Amendment right against self-incrimination is not violated unless his coerced statements are used against him in a criminal case.
• Ewing v. California, 538 U.S. 11 (2003). Principal author of amicus brief defending the constitutionality of California's "Three Strikes" sentencing law.

• Successfully argued that internal investigation documents generated under a corporate compliance program were protected by attorney-client privilege, winning mandamus of district court decision ordering disclosure; when district court on remand found waiver of attorney-client privilege and again ordered disclosure, successfully argued that corporation did not waive privilege because witness reviewed documents before deposition or through references in pleadings, winning mandamus a second time. (D.C. Cir.)
• Successfully argued that disclosing to government agency information obtained during internal corporate investigation did not waive attorney-client privilege over documents generated under a corporate compliance program, winning mandamus to prevent disclosure. (4th Cir.)
• Successfully argued that former employees of a technology company had not plausibly pleaded that it had conspired with a competitor not to hire each other's employees; successfully opposed rehearing en banc although two judges of the original panel argued the full court should overrule governing precedent. (9th Cir.)
• Successfully argued that the federal government does not "provide" statutorily mandated telecom-company universal-service contributions within the meaning of the False Claims Act, winning reversal of district court's denial of motion to dismiss. (5th Cir.)
• Won vacatur of Armed Services Board of Contract Appeals' decision rejecting government contractor's claims of breach of implied duty of good faith and fair dealing and constructive change. (Fed. Cir.)
• Successfully argued that environmental group and municipality lacked standing to challenge the Federal Energy Regulatory Commission certification of a natural gas pipeline. (D.C. Cir.)
• Successfully argued for the dismissal of Clean Air Act enforcement action brought by EPA and several states seeking to require the former owners of a coal-fired power plant to pay for the installation of billion-dollar pollution controls; the court denied EPA and states' petitions for rehearing en banc. (3d Cir.)
• Successfully argued on behalf of a government contractor for (1) dismissal of False Claims Act and Special Plea in Fraud claims, and against imposition of common-law fraud liability, based on employees' unauthorized receipt of kickbacks, and (2) for an increase in the contractor's base fee; the court denied the Justice Department's petition for rehearing en banc. (Fed.Cir.)
• Won vacatur of district court's decision rejecting pro bono client's post-conviction claim of ineffective assistance of counsel and remand for hearing on merits of claim. (4th Cir.)
• Won vacatur of district court judgment holding foreign corporation had been properly served through domestic subsidiary. (9th Cir.)
• In a question of first impression, successfully argued that a foundry that had settled its liability with EPA was not subject to a private party's cost recovery action under § 107 of CERCLA. (11th Cir.)
• United States v. Perez, 116 F.3d 840 (9th Cir. 1997) (en banc). Successfully argued before the en banc court, as a government attorney, that omission of an element of the offense from the jury instructions did not warrant overturning the conviction. (9th Cir.)