Michael B Kimberly

Practice Areas

Michael B. Kimberly is co-chair of the Firm’s Supreme Court and Appellate Practice and Government and Regulatory Litigation Group. He has given more than thirty appellate arguments, including eight before the US Supreme Court. In addition to his appellate work, Michael frequently litigates challenges to federal administrative actions under the Administrative Procedure Act and to state laws and regulations under various provisions of the US Constitution. He has briefed and argued hundreds of cases covering a wide range of subject matters, with particular experience in the areas of taxation, the Commerce Clause, preemption, the Medicare Act, ERISA, the First Amendment, copyright, the Bankruptcy Code and the antitrust laws. In addition to handling appeals and administrative and constitutional challenges, Michael works frequently with his colleagues in trial courts to shape litigation strategy and present the most compelling dispositive motions.

Michael is a visiting lecturer in law at Yale Law School, where he co-directs the Yale Law School Supreme Court clinic.

Michael is widely recognized as an accomplished Supreme Court and appellate litigator. Rating Michael in 2021, Chambers USA described him as “a brilliant writer” and an “incredibly strategic thinker.” The Legal 500 has rated him every year since 2017, noting that he is “highly recommended by peers and clients alike.” Michael has been described in the National Law Journal as a “veteran US Supreme Court and appellate lawyer” and in the Washington Post as a “seasoned Supreme Court practitioner.” According to Reuters, he is among “the top handful of lawyers in America” who “dominate” the docket of the US Supreme Court.

While in law school, Michael served as editor of The Yale Law Journal and executive editor of the Yale Law and Policy Review. Following law school, Michael clerked for Judge Michael Hawkins on the US Court of Appeals for the Ninth Circuit.

View more at: https://www.mwe.com/people/kimberly-michael-b/

Work Highlights

In the U.S. District Court for the District of Puerto Rico, succeeded in invalidating, on federal preemption grounds, a Puerto Rico law regulating the rates that Medicare Advantage plans must pay providers (MMAPA v. Emanuelli-Hernandez)

In the Southern District of New York, won a rare grant of habeas corpus relief and immediate release from custody for a former pharmaceutical company executive (Jordan v. Lamana)

In the New York Appellate Division, First Department, obtained a reversal in a case involving an eight-figure promissory note and a related express release clause (Hawk Mountain LLC v. RAM Capital LLC)