Neal K. Katyal

The prominent litigator and academic Neal K. Katyal is at home as a TV pundit, in his university professorship and in high-stakes oral arguments before the U.S. Supreme Court and in other august venues. On a night in early January, the Hogan Lovells LLP partner told an MSNBC audience that he was unimpressed by the high court brief filed by the former president seeking to remain on the Colorado primary ballot.

“It may be a New Year,” Katyal said, “but here are the very same poorly constructed arguments we’ve seen time and again from Donald Trump’s legal team.”

The next morning, Katyal agreed that he’s a busy lawyer. “Lot of stuff going on,” he understated. His current clients range from Los Angeles District Attorney George Gascón in a dispute with his deputies over three-strikes to a $750 million claim by a major investment firm to the State of Hawaii in a gun ban case.

Katyal is the son of immigrants from India who went to Yale Law School, clerked for Justice Stephen G. Breyer and launched a career that has included a stint as President Barack Obama’s acting solicitor general and 50 oral arguments before the U.S. Supreme Court — recently breaking the record held by Thurgood Marshall for most cases argued by a minority attorney.

“Justice Breyer taught me a lot about humility,” Katyal said. “You work hard to try to understand everything about an issue. I was especially impressed by his open-mindedness. You stand up for what you believe in, but at the same time, you listen and remain open to changing your mind.”

At a Supreme Court argument last year, Katyal represented one of his commercial clients, Coinbase Global Inc., as it asked the justices to block consumer lawsuits while it pursues appeals to move them to arbitration.

“Mr. Katyal, it is a huge benefit to you to be able to take an interlocutory appeal, right?” asked Chief Justice John G. Roberts Jr., suggesting that a court-ordered stay on litigation was going too far. “Why is it unreasonable to think that Congress thought that was enough?”

At Hogan Lovells, Katyal heads the appellate practice that Roberts once ran. Despite Roberts’ skeptical question, he voted with the majority to grant the stay. Coinbase Inc. v. Bielski, 22-105 (S. Ct., op. filed June 23, 2023).

At the California Supreme Court, Katyal is set to argue on behalf of Gascón that district attorneys can decline to charge sentencing enhancements under the three-strikes law. Gascón et al. v. The Association of Deputy District Attorneys for Los Angeles County, S275478 (Ca. S. Ct., pet. for rev. filed July 12, 2022).

“Briefing is done and we’re ready to go,” Katyal said. Oral argument is expected later this year.

In a California commercial case, Katyal argued and won a major appeal for Anthem Insurance over tax policy in a case with as much as $4 billion at stake. Myers v. California State Bd. Of Equalization, B307981 (2d DCA, op. filed Apr. 24, 2023).

“Another huge win,” Katyal said.

—John Roemer