ERIKA MALEY represents clients across a number of industries, with a focus on energy and life sciences. She also serves on the firm’s COVID-19 Task Force. Erika has handled cases before the U.S. Supreme Court, federal and state courts of appeals and district courts, involving a wide range of federal constitutional, statutory and administrative law issues. She has presented oral argument on numerous occasions in front of courts of appeals and district courts. She also advises clients on developing a legal and regulatory strategy for significant issues in the pre-litigation phase.
Erika’s recent matters include:
- Life Technologies v. Promega, 137 S. Ct. 734 (2017), in which the Supreme Court reversed a decision by the U.S. Court of Appeals for the Federal Circuit and held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under § 271(f)(1) of the Patent Act.
- BP Energy Company v. Federal Energy Regulatory Commission, No. 15-1205 (D.C. Cir. 2016): Erika successfully briefed and argued the case, in which the D.C. Circuit remanded the FERC’s ruling that Dominion Cove Point did not unduly discriminate against BP by offering more favorable terms to another customer of Dominion’s LNG facility, holding that the FERC failed to adequately explain its interpretation of the relevant statutory language, and failed to investigate whether BP and the other customer were factually similarly situated.
- Sandobal Gomez v. Bayer Corp., No. A-0680-18T4, 2020 WL 215897 (N.J. Super. Ct. App. Div. 2020): Erika successfully briefed and argued the case, which affirmed the dismissal of product liability claims on the grounds of federal preemption and pleading deficiencies.
- Alec L. v. Lisa P. Jackson, 863 F. Supp.2d 11 (D.D.C. 2012), aff’d No. 13-5192 (D.C. Cir. 2014), representing intervenor The National Association of Manufacturers, in which the court dismissed a suit seeking to compel federal regulation of greenhouse gas emissions under a novel “public trust doctrine” theory.
- Validus Reinsurance Ltd. v. United States, 786 F.3d 1039 (D.C. Cir. 2015), in which the D.C. Circuit ruled that the U.S. federal excise tax imposed under Section 4371 of the Code does not apply to retrocession contracts between foreign reinsurers.
- Taylor v. Barkes, 135 S. Ct. 2042 (2015), in which the Supreme Court summarily reversed a Third Circuit ruling that senior officials of Delaware Department of Corrections could be held liable for a prisoner’s suicide.
Prior to joining the firm in 2011, Erika worked as a trial lawyer in the Federal Programs Branch of the Civil Division of the U.S. Department of Justice.
Admissions & Certifications
- U.S. Court of Appeals, 2nd Circuit
- U.S. Court of Appeals, 4th Circuit
- U.S. Court of Appeals, 5th Circuit
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals, D.C. Circuit
- U.S. Court of Appeals, Federal Circuit
- District of Columbia
- Stanford Law School, J.D., 2008 (Order of the Coif, Nathan Abbott Scholar, Articles Editor, Law Review)
- Duke University, B.A., 2004 (summa cum laude, Phi Beta Kappa)
- Stephen G. Breyer, United States Supreme Court (2010 - 2011)
- Alex Kozinski, U.S. Court of Appeals, 9th Circuit (2008 - 2009)