JEAN-CLAUDE (J.C.) ANDRÉ is a partner in Sidley’s Los Angeles office and is the West Coast head of Sidley’s national Supreme Court and Appellate Practice. J.C. has considerable experience with high-profile matters that address some of the most challenging legal issues, including constitutional issues, issues of statutory and regulatory interpretation, jurisdictional issues, preemption, class-certification issues, sovereign immunity, and efforts to obtain and defeat discretionary appellate review.
Between private practice and government, J.C. has personally briefed and/or argued hundreds of distinct appeals before the U.S. Supreme Court, various U.S. Circuit Courts of Appeals, the California Supreme Court, and the California Court of Appeal, including dozens of briefs and 3 arguments before the U.S. Supreme Court and over 100 briefs and 40 arguments before the Ninth Circuit. He regularly writes, speaks, and teaches about the Supreme Court, Ninth Circuit and California appellate practice, and appellate advocacy generally.
Prior to working at Sidley, J.C. served as an Assistant United States Attorney (AUSA) and, for four years, as the appellate chief at the Office of the United States Attorney for the Central District of California—the largest and most-populous federal district in the country. In addition to serving as the appellate chief, during his lengthy tenure as an AUSA, J.C. maintained an active district court caseload (for example, conducting multiple white-collar jury trials) and was otherwise extensively involved in many of the Office’s most high-profile investigations and prosecutions (for example, the investigation into the 2015 mass shooting in San Bernardino and the government’s efforts to unlock the iPhone belonging to one of the terrorists).
J.C.’s recent representative matters include:
- Doe v. Olson, No. B286105, 2019 WL 4127263 (Cal. Ct. App. Aug. 30, 2019), review granted (Nov. 20, 2019) (No. S258498) (pending): Lead counsel for California Supreme Court petitioner in an appeal asking whether California’s litigation privilege applies to derivative breach-of-contract claims and whether an agreement “not to disparage” the other party waives the privilege
- Kroessler v. CVS Health Corp., No. 19-55671 (9th Cir. docketed June 12, 2019) (pending): Lead counsel for retail pharmacy before the Ninth Circuit in an appeal involving whether claims under California’s Unfair Competition Law and Consumer Legal Remedies Act are preempted by the federal Food, Drug, and Cosmetic Act
- Doğan v. Barak, 932 F.3d 888 (9th Cir. 2019): Briefed, argued and obtained affirmance and holding that the former Prime Minister of the State of Israel was entitled to foreign official immunity from a suit seeking to hold him liable for torts committed during a military interdiction of suspected militants that he authorized while the Minister of Defense
- Council of Parent Attorneys & Advocates, Inc. v. DeVos, 365 F. Supp. 3d 28 (D.D.C. 2019), appeal dismissed, No. 19-5137, 2019 WL 4565514 (D.C. Cir. Sept. 18, 2019): Lead counsel in obtaining invalidation under the Administrative Procedure Act of the Department of Education’s attempted delay of implementation of ameliorative special education regulations
For his work before the U.S. Supreme Court, J.C. was recognized in 2014 (along with fellow Sidley Supreme Court and Appellate partners Carter G. Phillips, Robert N. Hochman, and Jeffrey T. Green) by Reuters’ The Echo Chamber as one of an “elite cadre” of the 66 “most influential” lawyers practicing before the Supreme Court. In 2017, the judges of the United States Court of Appeals for the Ninth Circuit selected J.C. to serve as an Appellate Lawyer Representative to the Ninth Circuit Judicial Conference – a role in which J.C. studies and proposes improvements on a wide range of matters of importance to the court, including rule changes, alternative dispute resolution, and educational programs designed to aid the court and its district courts in improving the administration of justice. And most recently, the Los Angeles County Bar Association appointed J.C. as a member of the State Appellate Judicial Evaluation Committee, which evaluates persons whose names are submitted by the Governor for possible nomination to the California Supreme Court and the Court of Appeal, and makes recommendations on whether the candidate should be nominated.
J.C. earned his J.D. from the University of Virginia School of Law, where he was editor-in-chief of the Virginia Journal of Social Policy & the Law. He received an M.A. in Legal and Constitutional History and Theory from the University of Virginia Graduate College of Arts and Sciences. He graduated with two bachelor’s degrees from the University of California at Davis: a B.A. in International Relations and a B.S. in Agricultural and Managerial Economics.
Admissions & Certifications
- U.S. Supreme Court
- U.S. Court of Appeals, 1st Circuit
- U.S. Court of Appeals, 3rd Circuit
- U.S. Court of Appeals, 4th Circuit
- U.S. Court of Appeals, 5th Circuit
- U.S. Court of Appeals, 6th Circuit
- U.S. Court of Appeals, 7th Circuit
- U.S. Court of Appeals, 8th Circuit
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals, 10th Circuit
- U.S. Court of Appeals, 11th Circuit
- U.S. Court of Appeals, D.C. Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals for Veterans Claims
- U.S. Court of International Trade
- U.S. District Court, C.D. of California
- U.S. District Court, E.D. of California
- U.S. District Court, N.D. of California
- U.S. District Court, S.D. of California
- University of Virginia School of Law, J.D., 2000 (Editor-in-Chief, Virginia Journal of Social Policy & the Law)
- University of Virginia Graduate College of Arts and Sciences, M.A., 2000
- University of California, Davis, B.A., 1997 (with high honors)
- University of California, Davis, B.S., 1997 (with high honors)
- A. Andrew Hauk, U.S. District Court, C.D. of California (2000 - 2001)
- Harry Pregerson, U.S. Court of Appeals, 9th Circuit (2003 - 2004)