Aileen M. McGrath
Partner
Areas of Focus
- Supreme Court & Appellate
- Administrative & Regulatory Litigation
- Complex Commercial Litigation
- Disputes & Investigations
- Labor & Employment
- Class Actions
- California Labor & Employment Litigation
- Technology
- Focuses her practice on federal and state appellate litigation, including the U.S. Supreme Court, the federal courts of appeals and California appellate courts.
- Has argued before the U.S. Supreme Court, the 9th Circuit and various California appellate courts.
- Clerked for Justice Stephen Breyer of the U.S. Supreme Court.
Aileen represents clients in high-stakes appeals in the U.S. Supreme Court and appellate courts throughout the country, with a particular focus on federal and state appellate courts in California. Aileen has argued before the U.S. Supreme Court and has first-chaired a number of other U.S. Supreme Court representations. Aileen has also argued multiple appeals in the 9th Circuit and California Courts of Appeal as well as dozens of dispositive motions in California federal and state trial courts. She is a Chambers-recognized California appellate expert and has been recognized as a “Next Generation Partner” in the Supreme Court and appellate field by The Legal 500.
Aileen has particular experience and expertise in constitutional and civil rights issues, consumer protection cases, class actions, labor and employment matters, state and local government litigation, and state and federal administrative proceedings. In addition to her appellate work, Aileen frequently works with clients at the trial court level. She is known as a creative problem-solver and high-level strategist, and often works with trial teams to solve complicated legal problems or to draft and argue high-profile motions.
Prior to joining Akin, Aileen served as co-chief of appellate litigation in the San Francisco City Attorney’s Office. She began her tenure at the San Francisco City Attorney’s Office in 2012 as Deputy City Attorney on the Complex and Affirmative Litigation team. During her time at the City Attorney’s Office, she served as lead counsel for San Francisco in a variety of matters at both the trial and appellate level, in state and federal courts, including the U.S. Supreme Court.
Earlier in her career, Aileen served as a law clerk to Justice Stephen Breyer of the U.S. Supreme Court and Judge Michael Boudin of the U.S. Court Appeals for the 1st Circuit. She also worked as a chambers attorney on the California Supreme Court for Justice Mariano-Florentino Cuéllar.
Aileen received her J.D., magna cum laude, from Harvard Law School, where she was awarded the Sears Prize, given to the top two students in a class, and was president of the Harvard Law Review. She received her B.A., magna cum laude, from Columbia University.
- Argued on behalf of local government in a U.S. Supreme Court property-rights case with significant national implications for land-use planning.
- Successfully opposed a U.S. Supreme Court petition for certiorari in a Fourth Amendment case involving a circuit conflict.
- Argued and won a 9th Circuit appeal in a case seeking to upend the standard for analyzing waiver of the right to move to compel arbitration.
- Successfully defeated class certification on behalf of a leading telecommunications company, and successfully led appellate representation to defeat plaintiffs’ Rule 23(f) petition for 9th Circuit interlocutory review.
- Successfully challenged federal government’s denial of Byrne JAG funding for sanctuary cities, including briefing and arguing appeal before 9th Circuit and opposing petition for certiorari.
EducationJ.D., Harvard Law School, magna cum laude, 2007
B.A., Columbia University, magna cum laude, 2003
J.D., Harvard Law School, magna cum laude, 2007
B.A., Columbia University, magna cum laude, 2003
ClerkshipsU.S. Supreme Court
U.S.C.A., 1st Circuit
U.S. Supreme Court
U.S.C.A., 1st Circuit
Bar AdmissionsCalifornia
California
- Recognized by The Legal 500 US as a "Next Generation Partner" in 2023 and recommended in Appellate: Supreme courts (states and federal), 2022-2023.
- Chambers USA, Litigation: Appellate, 2023.
- Executive Committee, The Bar Association of San Francisco Appellate Law Section.
- Lecturer, San Francisco Affirmative Litigation Project Clinical Program, Yale Law School.
- “California McGill Rule: An Evolving Barrier to Arbitration,” Retail Industry Leaders Association (RILA) and Retail Litigation Center (RLC), Washington, DC, April 16, 2024.
- “California Supreme Court Year in Review: 2023,” Bay Area Chapter of the American Constitution Society, January 31, 2024.
- “MSJs: Strategic and Practical Considerations,” The Association of Business Trial Lawyers, October 13, 2023.
- "A Term of Significant Administrative Law Challenges,” 2023 Supreme Court Preview, William & Mary Law School, October 7, 2023.
- “Business Law & Employment Law," 2023 Supreme Court Preview, William & Mary Law School, October 7, 2023.
- “Supreme Court Panel,” Retail Litigation Center’s inaugural Retail Litigation Summit, July 27, 2022.
- “Supreme Court Review for Local Governments: 2022-2023 Term,” Local Government Legal Center, July 11, 2023.
- “The Career and Legacy of Supreme Court Justice Stephen G. Breyer,” The Association of Business Trial Lawyers, March 29, 2022.
- “Rule 23(f) Class Certification Appeals: Pursuing or Challenging Interlocutory Review of Certification Orders,” Strafford, March 17, 2022.
- "McGrath and Melaku on Justice Breyer’s retirement,” Legal Face-Off, February 8, 2022.
- “The Supreme Court’s 2021 Term - A Mid-Term Review,” The Bar Association of San Francisco Appellate Law Section, January 31, 2022.
- “The U.S. Supreme Court: The 2020 Term and Beyond,” Southern California Association of Corporate Counsel, July 21, 2021.
- “Practicing Appellate Law in the Public Sector: Insights into federal, state, and local public service careers,” The Bar Association of San Francisco Appellate Law Section, May 18, 2021.