Pratik A. Shah

Partner

Areas of Focus

Pratik A. Shah

Partner

pshah@akingump.com

Areas of Focus

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Biography
  • Head of Akin’s Supreme Court and appellate practice.
  • Has argued 18 cases before the U.S. Supreme Court.
  • Has argued over 60 cases in the federal courts of appeals, including in every circuit.

Pratik Shah briefs and argues cases in federal and state appellate courts across the country, including the U.S. Supreme Court. Pratik also provides strategic advice to clients at all stages of constitutional, regulatory and other complex litigation.

Leading publications describe Pratik as:

  • “Absolutely brilliant” and “the complete package: an extremely gifted writer and an extremely effective oral advocate,” Chambers USA.
  • “Supremely talented” and having “a knack for boiling down complex cases to their essence and advocating for his clients in a calm, clear and compelling way,” The Legal 500.
  • A top appellate advocate who has successfully “practiced before the highest court in the land on some of the most groundbreaking cases of the 21st century,” Washington Business Journal.

Under Pratik’s leadership, Akin has been a mainstay on the National Law Journal’s Appellate Hot List, named one of the top three appellate practices in the Best of Corporate Counsel rankings and recognized as Law360’s Practice Group of the Year.

Before joining the firm, Pratik served for more than five years as an Assistant to the Solicitor General at the DOJ. He received a number of awards for his advocacy before the Supreme Court during that time, including the Attorney General’s Distinguished Service Award for his role as lead drafter of the successful challenge to the Defense of Marriage Act in United States v. Windsor.

Prior to his work at the DOJ, Pratik worked in the appellate practice of another international law firm, taught constitutional law, and clerked for Justice Stephen G. Breyer on the U.S. Supreme Court and Judge William A. Fletcher on the U.S. Court of Appeals for the 9th Circuit.

Representative Work

American Indian Law

  • Successful appeal of adverse district court decision rejecting tribes’ position on Interior trust land decision (D.C. Cir. 2022).
  • Successfully briefed and argued a separation-of-powers/sovereign immunity issue for the Gun Lake Tribe (S. Ct. 2018).
  • Successful defense of Indian Child Welfare Act against constitutional challenge by Goldwater Institute (9th Cir. 2018).
  • Successful appeal for the Gila River Indian Community’s water rights under a federal consent decree (9th Cir. 2017).

Regulatory (Health, Labor, Environment, Telecommunications)

  • Successfully argued Medicare Act rulemaking case in Supreme Court (S. Ct. 2019).
  • Reversal of preliminary injunction and dismissal of player discipline challenge against major sports league (5th Cir. 2017).
  • Vacatur of an FCC order canceling 689 licenses on behalf of a wireless carrier market provider (D.C. Cir. 2015).
  • Successfully briefed and argued Clean Water Act case in Supreme Court (S. Ct. 2013).

Intellectual Property

  • Dismissal of appeal from denial of IPR under Fintiv, culminating in first precedential decision and denial of certiorari (Fed. Cir. 2021).
  • Successful patent venue appeal on behalf of Fortune 500 company (Fed. Cir. 2019).
  • Successful patent/antitrust appeal on behalf of a medical technology company (Fed. Cir. 2018).

Bankruptcy and Tax

  • Successful appeal on the “make-whole” provision and debt subordination issues in bankruptcy proceedings (2nd Cir. 2017).
  • Successfully briefed and argued treatment of federal tax liability in a Chapter 12 bankruptcy (S. Ct. 2012).

Constitutional Law and Civil Rights

  • Supreme Court representation of non-citizens against indefinite detention pending petition for relief from removal (S. Ct. 2022).
  • Successful defense against constitutional challenge to Horseracing Integrity & Safety Act (N.D. Tex. 2022).
  • Successful equal protection challenge to Defense of Marriage Act (S. Ct. 2013).
  • Successfully briefed and argued scope of Bivens action (S. Ct. 2012).
  • Successfully briefed and argued Fourth Amendment challenge (S. Ct. 2011).
  • Successfully briefed and argued attorney's fees under civil-rights statute (S. Ct. 2010).

“Absolutely brilliant...and the complete package: an extremely gifted writer and an extremely effective oral advocate.”

Chambers USA, 2022

Education
  • J.D., University of California, Berkeley, School of Law

  • B.S.E., Princeton University, summa cum laude

Clerkships
  • U.S. Supreme Court

  • U.S.C.A., 9th Circuit

Bar Admissions
  • California

  • District of Columbia

Recognitions
  • Washingtonian, “Top Lawyer” for Supreme Court, 2015, 2020 and 2022.
  • National Law Journal “Litigation Trailblazer.”
  • Chambers USA – Nationwide Appellate Law.
  • Law360 “Practice Group of the Year” – Appellate.
  • The Legal 500 US – Appellate: Supreme courts (states and federal) ("Leading Lawyer"); General commercial disputes and Patent: litigation (full coverage).
  • National Law Journal “Appellate Hot List.”
  • Law360 “Legal Lion” for Supreme Court victory in Medicare Act case.
  • Best Lawyers in America – Appellate.
  • Lawdragon, “500 Leading Litigators in America,” 2023.
  • National Law Journal and Legal Times “40 under 40” listing.
  • Washington Business Journal “Legal Champions” Award.
  • Stark Ritchie Pro Bono Partner Award.
  • Attorney General’s Distinguished Service Award.
  • South Asian Bar Association of North America “Cornerstone” Award.
  • Internal Revenue Service, National Chief Counsel Award for Supreme Court advocacy.
  • Department of Justice, Environment & Natural Resources Division’s Special Commendation.
  • Green Bag’s Exemplary Legal Writing Award for Supreme Court briefing.
  • Boston Bar Association President’s Award for pro bono representation of Guantanamo detainees.
Affiliations and Public Service
  • Fellow, American Academy of Appellate Lawyers.
  • Advisory Committee on Procedures, U.S. Court of Appeals for the D.C. Circuit.
  • Mentorship Program, The Appellate Project.
  • Standing Committee on the Federal Judiciary, American Bar Association.
  • Trustee, Supreme Court Historical Society.
  • National Advisory Council, South Asian Bar Association of North America.
  • Master, Edward Coke Appellate Inn of Court.
Speeches and Publications
  • “The Supreme Court: Reflections on the Current Term,” Pro Bono Institute 2024 Annual Conference, February 27, 2024.
  • “The Good, the Bad, and the Ugly: Reviewing Recent Significant Indian Law Decisions,” D.C. Indian Law Conference, Federal Bar Association, Washington, D.C., November 3, 2023.
  • “Business Law & Employment Law,” 2023 Supreme Court Preview, William & Mary Law School, October 7, 2023.
  • “Indian Law Cases Decided By SCOTUS This Term: A Primer,” American Bar Association Section of Civil Rights and Social Justice, August 29, 2023.
  • Annual SCOTUS Term in Review 2023,” Federal Bar Association-NOVA, July 19, 2023.
  • “Legacy of Justice Stephen G. Breyer,” 2022 American Academy of Appellate Lawyers Fall Meeting, November 6, 2022
  • “Thank You, Justice Breyer,” Webinar, Federal Bar Association, October 20, 2022.
  • “Major Questions? What the New Supreme Court Means for Congress, Regulators and Investors,” 2022 Funds Conference, September 22, 2022.
  • “The Roberts Court & Race,” 2022 Supreme Court Preview, William & Mary Law School, September 17, 2022.
  • “Business Docket,” 2022 Supreme Court Preview, William & Mary Law School, September 17, 2022.
  • “Supreme Court Term Review,” Federal Bar Association, July 27, 2022.
  • “SCOTUS Review,” South Asian Bar Association (North America), 2022 Annual Conference, July 15, 2022.
  • “Supreme Court Review,” Association of General Counsel Spring Meeting, May 5, 2022.
  • “Justice Breyer: A Life of Public Service,” Federal Judicial Association Quadrennial Conference, May 3, 2022.
  • “Justice Breyer & The Court: A Conversation with Justice Breyer’s Former Clerks,” The Harvard Law Review, April 4, 2022.
  • Supreme Court Update,” Eighth Circuit Judicial Conference, October 29, 2021.
  • Supreme Court Press Preview,” U.S. Chamber Litigation Center, October 5, 2021.
  • “Textualism and the Business Docket,” 2021 Supreme Court Preview, William & Mary Law School, September 11, 2021.
  • “Supreme Court Review,” Federal Bar Association, July 20, 2021.
  • “The 2020-2021 Supreme Court Review,” American Constitution Society, July 1, 2021.
  • “SCOTUS Review,” South Asian Bar Association (North America), 2021 Annual Conference, June 25, 2021.
  • “Supreme Court Update: 2021,” Federal Bar Association of Orange County, California, January 27, 2021.
  • “Justice Ruth Bader Ginsburg: Her Life and Work,” Akin Gump Webinar, December 10, 2020.
  • Georgetown APALSA Career Panel, Georgetown Law School, Washington, D.C., October 26, 2020.
  • “2019 Supreme Court Term: A Conversation About (Surprising) Decisions Promoting Diversity and Inclusion,” Akin Gump Webinar, September 16, 2020.
  • “Moot Court: California v. Texas (ACA Case),” William & Mary Law School 2020 Supreme Court Preview, September 11, 2020.
  • “SCOTUS Review,” South Asian Bar Association (North America) 2020 Virtual Conference, June 26, 2020.
  • “Supreme Court Preview,” Washington Legal Foundation, Washington, D.C., October 2, 2019.
  • “Supreme Court Review,” Federal Bar Association, Alexandria, July 16, 2019.
  • Keynote Address, ABA Summer Institute for Teachers, Washington, D.C., June 23, 2019.
  • Supreme Court Review,” South Asian Bar Association (North America) Annual Conference, Atlanta, June 21, 2019.
  • Keynote Address, Asian Americans Advancing Justice—AAJC Pro Bono Litigation Campaign, Washington, D.C., June 20, 2019.
  • “Supreme Court Review,” Federal Circuit Bench & Bar Conference, Colorado Springs, June 15, 2019.
  • “From Japanese Internment to "Travel Bans": A Discussion and Film Screening of "And Then They Came for Us",” Asian American Bar Association of Houston, Houston, TX, May 31, 2019.
  • “Supreme Court Strategy: What Tribes Should Know,” FBA Indian Law Conference, Albuquerque, April 12, 2019.
  • “Supreme Court Litigation & Amicus Advocacy,” AHIP Amicus & Litigation Advisory Workgroup, Washington D.C., March 13, 2019.
  • “Litigating Indian Law Issues in Federal and State Appellate Courts,” 2018 D.C. Indian Law Conference, Federal Bar Association, Washington, D.C., November 2, 2018.
  • “Supreme Court Review,” National Association of Former United States Attorneys (NAFUSA) Annual Conference, Nashville, October 25, 2018.
  • “Fireside Chat: Appellate Advocacy,” SABA-North California, San Francisco, October 6, 2018.
  • Trump v. Hawaii and Korematsu,” American Constitution Society, Duke Law School, Durham, September 4, 2018.
  • “First Mondays” Podcast (guest appearance), Washington, D.C., July 26, 2018.
  • “Supreme Court Review,” Federal Bar Association, Alexandria, July 18, 2018.
  • “Supreme Court Review,” South Asian Bar Association (North America) Annual Conference, New York, June 30, 2018.
  • “Arguing Cases Before the U.S. Supreme Court, SABA-DC, Washington, D.C., June 11, 2018.
  • “Supreme Court Indian Law Case Update,” WSBA 30th Annual Indian Law Section Seminar, Seattle, May 17, 2018.
  • “Japanese American Incarceration to the Muslim Travel Ban,” Congressional Asian Pacific American Caucus, Washington, D.C., February 13, 2018.
  • “Supreme Court Merits Briefing,” National Association of Attorneys General (NAAG), Supreme Court Advocacy Seminar, Washington, D.C., January 18, 2018.
  • “National Insecurity: The Plenary Power Doctrine from FDR to Trump,” NAPABA Convention, Washington, D.C., November 3, 2017.
  • “SCOTUS 101 Podcast, Episode #205: Interview,” October 19, 2017.
  • “On the Docket: Previewing the 2017 Supreme Court Term,” ABA, Washington, D.C., September 18, 2017.
  • “Supreme Court Review,” Federal Bar Association, Alexandria, July 18, 2017.
  • “Supreme Court Review,” South Asian Bar Association (North America) Annual Conference, Washington, D.C., July 14, 2017.
  • “Supreme Court Preview,” George Mason University Law School, Arlington, October 3, 2016.
  • “On the Docket: A Look at the 2016 Supreme Court Term,” ABA/The Wilson Center/American University, Washington, D.C., September 28, 2016.
  • “SCOTUS Preview,” Office of the Speaker/U.S. House of Representatives, Washington, D.C., September 26, 2016.
  • “Supreme Court Term Review,” Federal Bar Association, Alexandria, July 12, 2016.
  • “SCOTUS: An Insider’s Perspective,” SABA Delaware, Wilmington, June 14, 2016.
  • “Supreme Court Review/Preview,” ABA Administrative Law Conference, Washington, D.C., October 29, 2015.
  • “John Roberts and Statutory Interpretation,” Symposium, Cardozo Law Review and Floersheimer Center for Constitutional Democracy, New York, October 15, 2015.
  • “Seeking and Defending Certiorari,” VBA Appellate Summit, Richmond, September 30, 2015.
  • “Supreme Court Term Review,” Federal Bar Association, Alexandria, July 16, 2015.
  • “Supreme Court Summer Institute for Teachers,” Street Law Program, Georgetown Law School, Washington, D.C., June 20, 2015.
  • “If Affordable Care Act Fails: Impact of King v. Burwell,” Akin Gump In-House Series, Washington, D.C., June 15, 2015.
  • “Supreme Court Review,” South Asian Bar Association (North America) Annual Conference, Orlando, June 12, 2015.
  • “Supreme Court Advocacy,” Harvard Law Review, Harvard Law School, Cambridge, April 14, 2015.

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