Senior Counsel

Virginia A. Seitz

Supreme Court, Appellate, and Litigation Strategies
Commercial Litigation and Disputes
Labor, Employment and Immigration
Regulatory Litigation

vseitz@sidley.com

Washington, D.C. +1 202 736 8544

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VIRGINIA SEITZ is a former Assistant Attorney General of the Office of Legal Counsel in the U.S. Department of Justice. Virginia has practiced in the appellate courts for more than 30 years. On behalf of a wide range of clients in numerous industries, she has successfully argued in the United States Supreme Court, in numerous courts of appeals, and in state appellate courts.

Virginia has authored more than 75 briefs in the United States Supreme Court. She was counsel of record on the amicus brief on behalf of retired military officers in Grutter v. Bollinger, 539 U.S. 306 (2003), and Gratz v. Bollinger, 539 U.S. 244 (2003). The brief was cited by the Supreme Court in the oral argument and opinion in Grutter and a New York Times piece noted that it “may have been the most influential amicus brief in the history of the Supreme Court.” She has also handled an array of district court litigation involving important constitutional and federal law issues, including the Appropriations and Supremacy Clauses of the Constitution, the APA, the First Amendment, Title IX, Title VII, the Anti-Deficiency Act, ERISA, RICO, the NLRA, section 301 of the Labor Management Relations Act, and the Landrum-Griffin Act.

Virginia returned to Sidley in 2014 after serving in the Senate-confirmed position of Assistant Attorney General for the Office of Legal Counsel in the Department of Justice. She was the first woman confirmed to that position. As the leader of that Office, Virginia was responsible for providing legal advice to the President and Executive Branch departments and agencies on issues of particular difficulty and importance, including those issues on which there was a dispute between federal agencies. Virginia has continued her advising work as a member of the Office of General Counsel of the firm, addressing the full range of legal and ethical issues confronting the firm in litigation and risk management.

Earlier in her career, Virginia was confirmed by the Senate to the first Board of Directors of the Congressional Office of Compliance and served from May 1995 to May 2000. That Board promulgates regulations and adjudicates disputes concerning Members of Congress and their employees under the Congressional Accountability Act, which applies all major federal labor and employment laws to legislative branch employers and employees. Virginia also served two terms as a member of the Advisory Committee on Civil Rules, the Committee which studies and develops proposed amendments to the Federal Rules of Civil Procedure for submission to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States.

Virginia has been recognized for her Appellate Law practice by Chambers USA (2009–2011) and recommended by the Legal 500 US in Litigation: Supreme Court and Appellate (2010–2011). Benchmark Litigation named Virginia a “Litigation Star” in the areas of Appellate, Commercial Litigation, and Labor and Employment (2022–2025). She also was included in The Best Lawyers in America (2001–2012, 2015–2019). In January 2017, Virginia was elected to the American Law Institute, and she now serves on its Council. In 2021, Virginia was appointed to the Grievance Committee of the U.S. District Court for the District of Columbia and currently serves as its vice chair. She also was appointed to the Data Protection Review Court in 2023.

Experience

Selected Experience

Successfully argued before the U.S. Supreme Court on behalf of the State of Florida that plaintiffs who had obtained a preliminary injunction allowing a demonstration on the Florida beaches were not prevailing parties within the meaning of section 1988 of the Civil Rights Act. Sole v. Wyner, 551 U.S. 74 (2007).
On behalf of the State of Delaware, obtained from the U.S. Supreme Court a summary reversal of a court of appeals’ decision that certain state officials were not entitled to qualified immunity. Taylor v. Barkes, 575 U.S. 822 (2015).
On behalf of the Major League Baseball Players Association, obtained from the U.S. Supreme Court a stay and summary reversal of two court of appeals’ decisions that had reversed an arbitrator’s decision in favor of the Players Association. Major League Baseball Players Association v. Garvey, 532 U.S. 1015 (2001).
On behalf of Aspen Insurance, argued and won appeals in the Seventh and Eleventh Circuits, affirming denials of policyholder claims for insurance coverage for business income loss due to government shutdown orders during the COVID-19 pandemic. Bradley Hotel Corp. v. Aspen, 19 F.4th 1002 (7th Cir. 2021); Emerald Coast Rest. v. Aspen, 32 F.4th 1347 (11th Cir. 2022); Rococo Steak, LLC v. Aspen, 32 F.4th 1347 (11th Cir. 2022).
On behalf of Bayer, successfully argued to the Illinois Supreme Court that Illinois lacked personal jurisdiction over out-of-state plaintiffs’ claims for injuries suffered outside of Illinois. Rios v. Bayer Corp., 2020 Ill. 12520 (2020).
On behalf of the Interstate Natural Gas Association, successfully argued that FERC correctly upheld pipeline’s negotiated rate under shipping contract. Iberdrola Renewables v. Alliance Pipeline, 597 F.3d 1299 (D.C. Cir. 2010)
On behalf of Exxon, successfully argued that a FERC decision concerning the rate formula for shippers on the Trans Alaska Pipeline should be vacated and reconsidered. Tesoro v. FERC, 234 F.3d 1286 (D.C. Cir. 2001).
On behalf of the Major League Baseball Players Association, briefed and argued whether use of players’ names and statistics in internet fantasy baseball games violate players’ publicity rights or whether that use is protected by the First Amendment. MLBPA v. CDM Marketing & Distrib., 505 F.3d 818 (8th Cir. 2007).

Secretary of Defense Award for Outstanding Public Service, 2014
Justice Thurgood Marshall Award, Delaware Barristers Association, 2012
Project for Attorney Retention, Flex Success Award, 2009
Lawyers Committee for Civil Rights, Outstanding Achievement Award, Public Accommodations, 2002

Credentials

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, 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, D.C. Circuit
U.S. Court of Appeals, Federal Circuit
U.S. District Court, District of Columbia
District of Columbia

Education

University at Buffalo Law School, The State University of New York, J.D., 1985 (with first in class, Max Koren Award for Outstanding Student)
Oxford University, M.A. (Oxon), 1980 (Rhodes Scholar)
Duke University, B.A., 1978 (summa cum laude, Phi Beta Kappa, with distinction in History, National Merit Scholar)

Clerkships

William J. Brennan Jr., United States Supreme Court (1986 - 1987)
Harry T. Edwards, U.S. Court of Appeals, D.C. Circuit (1985 - 1986)