People

Seth P. Waxman

Partner

Chair, Appellate and Supreme Court Litigation Practice Group

Waxman, Seth P.

Seth P. Waxman is a partner in the firm's Regulatory and Government Affairs and Litigation/Controversy Departments, and the chair of the Appellate and Supreme Court Litigation Practice Group.

Universally considered to be among the country's premier Supreme Court and appellate advocates, Mr. Waxman served as Solicitor General of the United States from 1997 through January 2001. In addition to leading the firm's appellate practice, Mr. Waxman engages in a broad litigation and counseling practice, with particular emphasis on complex challenges involving governments or public policy issues. A Fellow of the American College of Trial Lawyers, he also is a widely respected trial litigator—named as "Bet-the-Company Litigator of the Year" for 2010 by The Best Lawyers in America. Mr. Waxman has been accorded both "star" rating by Chambers USA and "leading lawyer" ranking in PLC's Global Counsel Handbook. He is among the "Top Ten" Super Lawyers in Washington and Washingtonian magazine's "Top 30 Lawyers."

Practice

Mr. Waxman's practice spans both federal and state trial and appellate courts. He has delivered more than 60 oral arguments in the United States Supreme Court and many more in the lower federal and state courts. Mr. Waxman's clients range from financial institutions to technology, consumer, industrial and media companies. He also represents a number of local, state and national governments and prominent business and government executives and professionals. The recipient of numerous professional awards and honors, Mr. Waxman is among a small handful of practicing attorneys elected to the American Academy of Arts and Sciences. He holds several honorary degrees, as well as the Jefferson Medal in Law, an honor awarded once a year and only rarely to an attorney in private practice. In recognition of exceptional service to law enforcement, Mr. Waxman holds the extraordinary status of permanent honorary Special Agent of the Federal Bureau of Investigation.

Honors & Awards

  • Received the Outstanding Achievement Award from Chambers USA in 2012 for his contributions to the legal profession
  • Named the 2013 "First Amendment Lawyer of the Year" by The Best Lawyers in America. Also named the "Bet-the-Company Litigator of the Year" for 2010.
  • Named one of the "The 100 Most Influential Lawyers in America" by The National Law Journal in 2013 and 2006
  • In 2011, 2012 and 2013, listed in The Best Lawyers in America in the areas of appellate law, bet-the-company litigation, commercial litigation, intellectual property litigation, white-collar criminal litigations and First Amendment law
  • Named a 2013 leading practitioner in patent law by IAM Patent 1000: The World's Leading Patent Practitioners and listed as a leading patent litigator in the 2011 edition of IAM Patent Litigation 250
  • Recognized as a "National Star" for his appellate litigation practice in the 2010, 2012 and 2013 editions of Benchmark Litigation. Listed in the 2012 and 2013 editions of Benchmark Appellate for his work in the District of Columbia and Federal Circuit.
  • Listed as a "Leading Lawyer" for Supreme Court and Appellate Litigation in The Legal 500 United States
  • Recognized as the number one lawyer by Washington DC Super Lawyers in 2013. Also recognized as one of Washington DC's "Top Ten" lawyers in the 2009, 2010, 2011, 2012 and 2013 editions of Washington DC Super Lawyers magazine.
  • Recognized as a "Star Individual" leader in national appellate litigation in the 2007, 2008, 2009, 2010, 2011 and 2012 editions of Chambers USA: America's Leading Lawyers for Business
  • Named Washington DC's "Leading Lawyer" in the area of appellate litigation by the Legal Times, December 2004
  • Listed in Washingtonian magazine's "Top 30 Lawyers in Washington," 2004, 2007 and 2009
  • Recognized by his peers as one of the world's leading litigation attorneys in Legal Media Group's The Best of the Best
  • Listed in the PLC Which Lawyer? Yearbook 2006 as one of Washington DC's leading lawyers in the dispute resolution category
  • Selected "Lawyer of the Year" in 2005 by Lawyers Weekly USA
  • Elected to the American Academy of Arts and Sciences, 2006
  • Honorary Degrees, Georgetown University, American University, 2009
  • Judge Learned Hand Award, American Jewish Committee, 2007
  • Exceptional Service Award, National Coalition Against the Death Penalty, 2005
  • Frederick Douglass Human Rights Award, Southern Center for Human Rights, 2005
  • Thomas Jefferson Medal in Law, University of Virginia, 2002
  • Permanent Honorary Special Agent, Federal Bureau of Investigation, 2001
  • Edmund J. Randolph Award for Exceptional Service, US Department of Justice, 2001
  • Pursuit of Justice Award, International Association of Jewish Lawyers and Jurists, 1999
  • Pro Bono Publico Award, American Bar Association, 1988
  • Benjamin J. Cardozo Certificate of Merit, Anti-Defamation League of B'nai B'rith, 1987

Publications & News

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May 13, 2013

Seth Waxman Defends Coriolanus in Mock Defamation Trial at Shakespeare Theatre Company

Partner Seth Waxman will act as counsel for the petitioner, Estate of Caius Martius, in this year’s Shakespeare Theatre Company’s Mock Trial and Dinner, The Pen vs. The Sword, on Monday, May 13.

May 13, 2013

Supreme Court Affirms Support for WilmerHale Client in Bowman v. Monsanto Ruling

WilmerHale secured a victory for client Monsanto Co. in a significant patent law case decided today by the United States Supreme Court.

May 10, 2013

Seth Waxman to Deliver Commencement Address at UNC School of Law

May 3, 2013

Partners Waxman, Gorelick Among WilmerHale Attorneys to Receive Prestigious DC Rankings in Super Lawyers

The annual edition of the Washington DC Super Lawyers magazine, published by The Washington Post Magazine, listed 34 WilmerHale attorneys in this year’s rankings.

March 27, 2013

The National Law Journal Names Three WilmerHale Partners Among America’s Most Influential

WilmerHale’s former Co-Managing Partner William Lee and Partners Charlene Barshefsky and Seth Waxman were recognized as three of “The 100 Most Influential Lawyers in America” by The National Law Journal.

March 27, 2013

Partner Seth Waxman Delivers 65th Argument in United States Supreme Court

On the morning of March 25, 2013, Partner Seth Waxman delivered his 65th oral argument to the United States Supreme Court in the Oxford Health Plans LLC v. Sutter case.

March 22, 2013

Georgetown University Law Center and WilmerHale Co-Host Intellectual Property Conference

Georgetown University Law Center and WilmerHale came together for the third time to host a conference focused on current intellectual property issues and trends.

March 15, 2013

Partner Catherine Carroll Speaks at USC Gould School of Law’s 2013 Intellectual Property Institute

Catherine Carroll, partner in the Litigation/Controversy Department, served on a debate panel at the highly renowned Intellectual Property (IP) Institute hosted by the University of Southern California Gould School of Law on March 14 in Beverly Hills.

February 19, 2013

Six WilmerHale Attorneys Named by Best Lawyers as “Lawyer of the Year” in 2013

January 25, 2013

DC Circuit Invalidates Obama Recess Appointments

Recent Highlights

Mr. Waxman has won landmark rulings in a number of Supreme Court cases, including Boumediene v. Bush, in which the Court ruled that foreign citizens held at Guantanamo Bay have rights under the Constitution to challenge their detention in US civilian courts; Roper v. Simmons, in which the Court declared unconstitutional the death penalty for juvenile offenders; and McConnell v. FEC, in which the Court sustained the constitutionality of the Bipartisan Campaign Reform Act. He has also won victories in the Supreme Court for a wide range of business clients.

Mr. Waxman represents a range of business clients in patent, trade-secret and other intellectual property litigation, in both trial and appellate courts. He has won multiple consecutive cases in the Court of Appeals for the Federal Circuit involving complex issues of patent validity, infringement, and licensing.

Mr. Waxman represents a major financial institution in tackling the multi-dimensional problems caused by claims associated with exposure to asbestos. Under his leadership, our representation includes litigation in insurance coverage and bankruptcy proceedings and strategic advice on constitutional and other issues associated with efforts to achieve a coherent solution to the national asbestos liability crisis.

Mr. Waxman's clients constitute a broad range of public as well as corporate institutions. He won a complete victory for the Government of Canada in a multi-billion-dollar trade dispute involving softwood lumber imports before a NAFTA Extraordinary Challenge Committee proceeding. By special appointment, he advised the Office of the Governor of the State of Connecticut in connection with the state legislature's landmark proceedings to consider impeachment of a sitting governor. He served as counsel to the Commission to Review the United States Olympic Committee, a blue-ribbon commission created by the United States Senate to review and recommend changes to the structure and operations of the USOC. He represented the United Nations in litigation concerning the Oil for Food investigation and several state regulatory agencies in First Amendment and environmental matters.

Professional Activities

Mr. Waxman served as president of Harvard's Board of Overseers from 2010-2011. He was elected to the board in 2005, and has served on its executive committee since 2008. Mr. Waxman also serves on the faculty of the Georgetown University Law Center. He is a director and fellow of several professional, educational and cultural institutions, including the American College of Trial Lawyers, the American Academy of Appellate Lawyers, the American Bar Foundation, the American Law Institute, the Supreme Court Institute and the Supreme Court Historical Society. He lectures and writes frequently on topics related to litigation, constitutional history and doctrine, the First Amendment, intellectual property and the Supreme Court.

Practices

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Education

JD, Yale Law School, 1977, Managing Editor, Yale Law Journal

Rockefeller Fellow, 1974

AB, summa cum laude, Harvard University, 1973, Phi Beta Kappa

Bar Admissions

District of Columbia

Clerkships

The Hon. Gerhard A. Gesell, US District Court for the District of Columbia, 1977 - 1978