Lide E. Paterno

Counsel

Areas of Focus

Lide E. Paterno

Counsel

lpaterno@akingump.com

Areas of Focus

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Biography
  • Practice concentrates on federal and state appellate litigation and on providing strategic advice to clients appearing before trial courts and agencies.

A member of the Supreme Court and appellate practice, Lide has represented clients in various stages of appellate and trial litigation, as well as in international arbitration. As a former clerk to a federal appellate judge, he applies firsthand insights into how courts analyze and decide important cases and an in-depth appreciation for what makes a brief and oral argument persuasive.

Lide has authored countless briefs filed in the U.S. Supreme Court and the federal courts of appeals, has presented oral argument in several federal appellate courts, and has drafted pleadings and motions filed in trial courts at the federal and state levels.

Lide also regularly provides critical strategic guidance on constitutional, administrative law, and statutory interpretation questions concerning draft legislation and pending litigation. He maintains an active and wide-ranging appellate pro bono practice.

Prior to joining Akin, Lide practiced appellate and trial litigation as an associate at another Washington, D.C., law firm and served as a law clerk to the Honorable Paul V. Niemeyer of the U.S. Court of Appeals for the 4th Circuit. While in law school, he served as a legal intern at the U.S. Department of Justice and Department of State.

Prior to law school, Lide worked as a child advocate at a public interest law firm in Charlotte, NC, served as a paralegal in the Office of the Legal Adviser at the U.S. Department of State, and carried out community development and refugee-related projects in East Africa. He is the founder and president of a non-profit organization expanding access to education in Tanzania.

Lide attended the University of Virginia School of Law on a Hardy Cross Dillard Scholarship, graduated Order of the Coif, and received the Mary Claiborne & Roy H. Ritter Prize for honor, character and integrity, the Roger and Madeleine Traynor Prize for the best written work in his class, and the Raven Society Scholarship for leadership, scholarship and community service.

Representative Work
  • Representing the Lac du Flambeau Band of Lake Superior Chippewa Indians at the U.S. Supreme Court following successful cert petition presenting the question whether the Bankruptcy Code abrogates tribal sovereign immunity.
  • Representing the petitioner at the U.S. Supreme Court in a case concerning the scope of a district court’s jurisdiction to review an invalid sentence under the federal habeas statute.
  • Representing the Horseracing Integrity and Safety Authority in various challenges to a new federal law concerning national regulation of horseracing, including presenting oral argument in the U.S. Court of Appeals for the 5th Circuit.
  • Successfully opposed a petition for a writ of certiorari—and a recommendation by the U.S. Solicitor General that the petition be granted—to protect a precedent-setting D.C. Circuit ruling that foreign officials charged with torture could not invoke conduct-based immunity.
  • Secured a favorable decision from the U.S. Court of Appeals for the 5th Circuit overturning section 1782 discovery order.
  • Presented oral argument at the U.S. Court of Appeals for the 4th Circuit on behalf of habeas petitioner in state custody.
  • Represented the Penobscot Nation before the en bancS. Court of Appeals for the 1st Circuit in a dispute against the state of Maine over the boundaries of the Nation’s reservation and the scope of its fishing, hunting, and trapping rights.
  • Devised the winning appellate strategy and drafted appellate briefs to secure an affirmance by the U.S. Court of Appeals for the 4th Circuit of a district court judgment overturning a jury verdict on an employment-discrimination claim.  
  • Represented a national car rental company in successfully opposing application of a prevailing-wage ordinance that risked disrupting the company’s on-airport operations.   
  • Argued in the U.S. Court of Appeals for the D.C. Circuit on behalf of a conservation organization in an appeal involving federal regulations to protect endangered marine species. Represented the same client in securing an order requiring the Government to publish regulations limiting harm to marine species inadvertently entangled by the indiscriminate use of mile-long drift gillnets.
  • Represented an electric utility in securing a favorable decision at the U.S. Court of Appeals for the 6th Circuit holding that FERC cannot independently prevent bankruptcy court approval of executory-contract rejections.
  • Successfully devised a strategy and drafted briefs that persuaded a federal appellate court to vacate an adverse multimillion dollar award of attorney’s fees in an antitrust matter.
  • Persuaded the U.S. Court of Appeals for the 9th Circuit to overturn the dismissal of a prisoner’s complaint alleging state officials had violated the First Amendment and the Religious Land Use and Institutionalized Persons Act by interfering with his sincere Native American religious practice. 
  • Assisted an American shoe and apparel manufacturer in an appeal of a lower-court decision, developing the appellate strategy and drafting the appellate briefs. Akin took over the representation of this client from another major law firm and convinced the appellate court to unanimously reverse the lower court’s decision.
  • Represented a nationally chartered trust company seeking to defend a $400 million judgment issued in its favor in the wake of a breached indenture agreement, drafting a motion to stay in the 2nd Circuit and a brief in opposition in the U.S. Supreme Court. The Supreme Court accepted the arguments and denied the opposing party’s petition for a writ of certiorari, bringing the matter to an end so that the client could enforce the judgment.*
  • Participated in drafting of merits briefs and preparation for oral argument on behalf of the petitioner in a Supreme Court case concerning whether comments the petitioner had posted on a social media site constituted a “true threat.” The Court ruled for the petitioner 7-2, overturning his conviction.*
  • Helped to secure a unanimous decision in favor of the petitioner in a Supreme Court case involving a felon-in-possession statute. Agreeing with petitioner, the Court ruled that the statute did not bar the petitioner from transferring his lawfully owned firearms from Government custody to a third party.*   

Education
  • J.D., University of Virginia School of Law, 2015

  • A.B., Princeton University, magna cum laude, 2006

Clerkships
  • U.S.C.A., 4th Circuit

Bar Admissions
  • District of Columbia

  • Virginia

Recognitions
  • The Best Lawyers in America, Ones to Watch: Appellate, 2022.
  • Super Lawyers, Rising Star, Appellate, 2021.
  • The Legal 500 US, Appellate: Courts of appeals / supreme courts (states and federal), 2023.
  • The Legal 500 US, Appellate: Supreme Courts (states and federal), 2022.
Affiliations and Public Service
  • Lide is the Founder and President of a non-profit organization expanding access to education in Tanzania.
  • Edward Coke Appellate Inn of Court

Insights and Achievements

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