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Eric D. McArthur


ERIC D. MCARTHUR is a partner in the Washington, D.C. office. His practice focuses on appellate litigation, as well as critical motions and commercial litigation involving complex issues of law. Eric has assisted clients in a broad range of cases involving difficult questions of constitutional, statutory, and administrative law. He has authored more than 50 appellate briefs in the United States Supreme Court and the federal and state courts of appeals, as well as motions and pleadings in federal and state trial courts. Eric has also successfully argued cases in the D.C. Circuit and D.C. Court of Appeals.

Representative Supreme Court engagements include:

  • Utility Air Regulatory Group v. EPA, No. 12-1248 (pending) – represent the American Chemistry Council petitioners in challenge to EPA rules concerning regulation of greenhouse gases from stationary sources
  • EPA v. EME Homer City Generation, No. 12-1182 (pending) – represent industry respondents in challenge to EPA rule regulating cross-border emissions
  • Air Wisconsin Airlines v. Hoeper, No. 12-315 (2013) – successfully represented Air Wisconsin in obtaining immunity under the Aviation and Transportation Security Act
  • Maracich v. Spears, 133 S. Ct. 2191 (2013) – successfully represented petitioners in a case involving the interpretation of the Driver’s Privacy Protection Act
  • Roberts v. Sea-Land Services, 132 S. Ct. 1350 (2012) – successfully represented respondent in a case involving the construction and application of federal worker compensation laws
  • KPMG v. Cocchi, 132 S. Ct. 23 (2011) – successfully represented petitioner in obtaining summary reversal of a decision refusing to compel arbitration under the Federal Arbitration Act

Representative engagements in the federal courts of appeals include:

  • Pippins v. KPMG, No. 13-889 (2d Cir.) (pending) – represent KPMG in collective action concerning whether audit associates are exempt from the overtime requirements of the Fair Labor Standards Act
  • Santoro v. Accenture Federal Services, No. 12-2561 (4th Cir.) (pending) – represent Accenture in case challenging the enforceability of its employment arbitration agreements under the Dodd-Frank Act
  • Mobil Pipe Line Co. v. FERC, 676 F.3d 1098 (D.C. Cir. 2012) – successfully represented Mobil Pipe Line in obtaining reversal of a FERC order denying the pipeline authority to charge market-based rates
  • Hepting v. AT&T, 671 F.3d 881 (9th Cir. 2011) – successfully defended telecommunications carriers against constitutional challenge to the immunity provision of the Foreign Intelligence Surveillance Act
  • NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010) – successfully represented the Securities Industry and Financial Markets Association in obtaining reversal of an SEC rule concerning the fees charged by securities exchanges for market data
  • Worldwide Network Services v. DynCorp International, 365 Fed. Appx. 432 (4th Cir. 2010) – successfully represented DynCorp in obtaining reversal of a $10 million punitive-damages award

Prior to joining the firm, Eric served as a law clerk to the Honorable Clarence Thomas of the United States Supreme Court and the Honorable J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit.

Eric earned his law degree from the University of Chicago Law School, where he graduated with high honors.

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