Daniel N. Lerman

Dan’s Supreme Court advocacy includes representing parties in petitions for certiorari, at the merits stage and in amicus briefs. Among his most notable work, Dan briefed and argued a federal preemption case in which the Court unanimously held that requirements imposed by the Port of Los Angeles on drayage trucks were preempted by the Federal Aviation Administration Authorization Act. He has also briefed a wide range of issues in amicus briefs, including unconditional guilty pleas, patent exhaustion and invalidity, the tax provisions of the Affordable Care Act, the scope of fee recovery under the Fair Debt Collection Practices Act, and the extent of personal jurisdiction over foreign corporate defendants. 

Dan returns to private practice after serving nearly six years with the appellate section of the Criminal Division of the U.S. DOJ, where he briefed and argued criminal appeals in federal courts of appeals across the country and drafted briefs for the Solicitor General’s Office in Supreme Court cases. His appeals involved a variety of alleged offenses, including wire fraud, commodities fraud, health care fraud, price manipulation, conspiracy, extortion and murder. Dan also advised on complex appellate issues related to the prosecutions of participants in the January 6 attack at the U.S. Capitol, among other matters. He previously practiced with a leading Washington, D.C.-based boutique litigation firm.