Member of the firm’s Supreme Court and appellate practice.
Has prepared more than 75 appellate briefs in cases at every appellate level, including the U.S. Supreme Court.
Has argued appeals in courts across the country, including the U.S. Courts of Appeal for the D.C., 2nd, 3rd, 4th, 5th and 11th Circuits.

James Tysse is a partner in the firm’s Supreme Court and appellate practice. He regularly argues cases, develops strategy, and authors briefs both on appeal and in high-stakes trial litigation. James has broad experience across practice areas, but has recently focused on labor and employment, administrative, constitutional, energy and class action law.

James is a clear thinker and writer, as well as a creative problem-solver. He helps clients develop appellate strategy before the U.S. Supreme Court and other federal and state courts throughout the country. He has prepared more than 75 appellate briefs at the merits and certiorari stages in the U.S. Supreme Court, nearly every federal appeals court, and numerous state and tribal appellate courts. He has also argued multiple appeals and dispositive motions, including in six separate federal circuit courts of appeals and numerous state and federal trial courts.

In addition to his appeal work, James works extensively with clients at the trial level. He works closely with trial teams on dispositive motions and during high-profile jury trials. James also helps brainstorm solutions to knotty legal problems, and regularly sues the federal government under the Administrative Procedure Act to challenge laws and regulations on constitutional, statutory and procedural grounds.

James is also known for his commitment to pro bono causes and was named by the firm as “Pro Bono Partner of the Year” in 2017 for his work on behalf of human rights and immigration clients.

Representative Work

Successfully argued on behalf of Bolivian families in a groundbreaking human rights case in the 11th Circuit against Bolivia’s former president and defense minister. The unanimous victory in the court of appeals was profiled by The American Lawyer, which recognized James as a “Litigator of the Week” in August 2020.
Obtained a preliminary injunction on behalf of a major automobile rental company in a challenge to actions by the City and County of San Francisco and San Francisco International Airport.
Successfully represented the Gun Lake Tribe of Michigan in a case before the U.S. Supreme Court regarding the continued operation of the tribe’s most valuable asset, a casino. Served as second chair and as the primary brief writer, and helped develop the winning theory.
Argued and won an important ERISA victory for Caesars Entertainment Corporation in the 3rd Circuit in a claim brought forward by a multiemployer pension fund for engineering work performed by union workers at their casinos, after the closing of one of their facilities. The 3rd Circuit accepted Caesars’ no-liability arguments and unanimously ruled in Caesars’ favor.
Defended the National Football League (NFL) in a dispute over a disciplinary action taken by the League against Minnesota Vikings running back Adrian Peterson for harming his young son. After the NFL Players’ Association sued the NFL in federal court, he helped devise the trial and appellate strategy and served as primary brief writer and as second chair in the unanimous victory in the 8th Circuit.

Successfully represented a large trade association in the U.S. Court of International Trade in a challenge to a Treasury Department regulation that purported to restrict excise tax refunds.
Argued and won post-trial appeal in the 4th Circuit on behalf of a major construction company in an employment discrimination lawsuit against the company’s founder and former CEO.
Successfully represented a national restaurant chain in an important joint employer appeal in the 9th Circuit, while serving as second-chair and primary brief writer.
Argued and won unanimous affirmance in the D.C. Circuit on behalf of Starbucks in a discrimination case, ending the proceedings with a victory before summary judgment and trial.
Successfully argued and obtained nearly $600,000 for pro bono and other charitable causes in an appeal of a fee award in litigation over Akin Gump’s prior successful challenge to Texas’s statutory prohibition of same-sex marriage.

Education
J.D., University of Virginia School of Law, 2006
B.A., University of Virginia, 2002

Clerkships
U.S.D.C., Northern District of Georgia
U.S.C.A., D.C. Circuit

Bar Admissions
District of Columbia

Recognitions

The American Lawyer, Litigator of the Week, 2020.
The Legal 500 US, Appellate: Supreme courts (states and federal), 2022 and Appellate: Courts of appeals / supreme courts (states and federal), 2023.
Law 360, “Appellate Rising Star,” 2018.
Washington, D.C. Bar Association, Pro Bono High Honor Roll.
Akin Gump, “Firm-Wide Pro Bono Partner of the Year,” 2017.

Affiliations and Public Service

Member, MacArthur Justice Center’s Supreme Court & Appellate Advisory Board.
Member, Edward Coke Appellate Inn of Court.

Speeches and Publications

Panelist, “Discrimination Against LGBT People in a Shifting Legal Landscape: Progress, Regress, and Other Recent Developments,” The Williams Institute, UCLA School of Law, Washington, D.C.,
April 19, 2018.
Panelist, “Forum Selection—Where Am I? Where Do I want to Be?” Association of Corporate Counsel, National Capital Region, Washington, D.C., October 6, 2015.