Jesse Lempel

Jesse Lempel is an associate in the firm’s Litigation department and a member of its Appellate and Supreme Court Litigation practice. Jesse’s work focuses on appellate matters and complex civil litigation.

Before joining Goodwin in 2022, Jesse clerked for Judge Bruce M. Selya of the US Court of Appeals for the First Circuit and for Judge William G. Young of the US District Court for the District of Massachusetts. He was also a litigation associate in the New York office of Davis Polk & Wardwell.

Jesse graduated from Harvard Law School, where he was an editor of the Harvard Law Review.

• Co-authored a successful petition for certiorari and briefs on the merits in the U.S. Supreme Court in Wilkinson v. Garland, 601 U.S. 209 (2024), a landmark immigration decision holding that federal courts have jurisdiction to review all applications of law to fact in a noncitizen’s challenge to a final order of removal, including whether the agency correctly determined that the undisputed facts do not rise to the level of hardship necessary to obtain cancellation of removal. Jesse is also lead counsel for this pro bono client on remand before the Third Circuit and co-authored a successful habeas petition in the Southern District of Florida that secured the client’s release after more than three years of civil detention
• Co-authored successful petition on behalf of Rocket Mortgage persuading the Ohio Supreme Court to grant review of class-action certification in a case arising from allegedly delayed recording of mortgage releases during the COVID-19 pandemic.  The case presents important questions of retroactivity and standing under Ohio law; it remains pending before the Ohio Supreme Court
• Co-authored prevailing brief in the Second Circuit defending a cryptocurrency intelligence firm from a defamation lawsuit arising from the client’s report and a New York Times article based on that report
• Co-authored prevailing brief in the Delaware Supreme Court securing affirmance of a terminating sanction issued by the Court of Chancery due to litigation misconduct, thereby ending a lawsuit by shareholder representatives regarding a disputed earnout fee
• Co-authored prevailing brief in the Seventh Circuit securing near-complete affirmance of the dismissal of ERISA fiduciary-breach claims against State Street Bank and Trust Company arising from State Street’s role as trustee with respect to ESOP stock purchases.  Representing State Street in the Eastern District of Wisconsin on remand
• Co-authored brief in the Federal Circuit on behalf of manufacturer of generic pharmaceuticals seeking affirmance of Court of Federal Claims’ decision holding that litigation expenses incurred in defending against Hatch-Waxman patent infringement claims are deductible.  The Federal Circuit’s decision remains pending
• Representing national pet food company in numerous putative class actions arising from pet food recall due to potential Salmonella

Jesse was recognized by the New York State Bar Association as a Pro Bono 2020 Empire State Counsel Honoree.