Noel Francisco defends companies and individuals in civil and criminal litigation involving federal and state governments, including enforcement actions brought by governments, lawsuits against governments, and in congressional investigations. In addition, Noel advises clients on Exon-Florio reviews before the Committee on Foreign Investment in the United States (CFIUS) and is a recognized authority on constitutional and national security law issues.
Noel is currently representing R.J. Reynolds Tobacco Company in a First Amendment challenge to a federal law that restricts the marketing of tobacco products and a lawsuit brought by the Department of Justice against the tobacco industry under the Racketeer Influenced and Corrupt Organizations (RICO) Act. He also successfully represented the Free Enterprise Fund in a challenge to the constitutionality of the Public Company Accounting Oversight Board. In addition, Noel advises individuals and companies subject to congressional investigations, such as the International Coal Group in connection with the January 2, 2006 Sago Mine accident in Sago, West Virginia. He also advises clients in matters involving the Foreign Corrupt Practices Act and the Alien Tort Statute.
Noel is chair of the Firm’s Government Regulation Practice. He has testified before the House Committee on the Judiciary, Subcommittee on Commercial and Administrative Law, on Congress’s authority to issue subpoenas for the testimony of senior White House officials. Noel also provides commentary to the major media on a wide range of legal issues and has appeared on ABC’s Nightline, CNN’s Larry King Live and Paula Zahn Now, MSNBC’s Hardball with Chris Matthews, The NewsHour with Jim Lehrer, and several National Public Radio programs.
Dan Bromberg is a partner in Quinn Emanuel Urquhart & Sullivan, LLP and a founding member of the firm’s appellate practice. Mr. Bromberg has been practicing before the United States Supreme Court for more than fifteen years. In addition to arguing successfully before the Supreme Court, he has filed over three dozen briefs in the Court, including seven successful petitions for certiorari. Last Term, he obtained a victory for Japanese ocean carrier Kawasaki Kisen Kaisha Ltd. The Court held unanimously that the Carmack Amendment, which governs domestic rail transportation, does not apply to the inland leg of an overseas shipment under a single through bill of lading. (The Court also held 6-3 that the railroad in that case was not bound by the Carmack Amendment.) In addition, Mr. Bromberg has successfully represented companies such as Aventis, Textron, and TRW before the Supreme Court, and he has filed amicus briefs on behalf of a range of clients, including Cisco, Google, Shell Oil Company, Time Warner, Visa USA, the U.S. Chamber of Commerce, four former Secretaries of the Interior, twenty-six states and the District of Columbia, and the Conference of Chief Justices.
Mr. Bromberg also practices extensively in state and intermediate federal appellate courts. Last year, for example, he successfully represented an agency of the Russian Federation before the Second Circuit in an appeal that reinstated the agency’s claim to the American trademarks for STOLICHNAYA vodka. A certified California appellate law specialist and member of the California Academy of Appellate Lawyers, Mr. Bromberg also frequently appears in California appellate courts. In addition, he is experience in dealing with multi-million dollar trial verdicts, successfully representing clients in overturning a $188 million judgment and a $200 million punitive damages award and in defending awards of $89 million, $30 million, $15 million, and $5 million on appeal.
David Foster is an associate at Skadden, Arps, Slate, Meagher & Flom LLP. He practices in litigation, with a focus on appellate and Supreme Court litigation. Mr. Foster represents clients in civil and criminal matters both at trial and on appeal. He currently has two petitions for certiorari pending before the Supreme Court, in cases involving the Commerce Clause and the Double Jeopardy Clause. He recently authored an article in the Tax Executive on the Supreme Court’s decision this Term in the Mayo Foundation case, an important administrative law decision.
Prior to joining Skadden, Mr. Foster served as a law clerk to Associate Justice Anthony M. Kennedy of the Supreme Court of the United States and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. Mr. Foster received a B.A. and a J.D. from Harvard Law School, where he was Supreme Court Chair of the Harvard Law Review.
Brian is an attorney and a certified Inspector General who carries the CHC, AHFI and CFS certifications as well.