Benjamin Hayes

• Co-authored brief opposing certiorari from decision involving the False Claims Act’s public disclosure bar. Successfully persuaded the Supreme Court to deny certiorari after the Court called for a response.
• Co-authored brief in the D.C. Circuit opposing a National Environmental Policy Act challenge to a Department of Energy order authorizing the export of liquefied natural gas. Successfully persuaded the Court to deny the petition for review.
• Co-authored brief in the Fifth Circuit appealing adverse ruling on a question of state law. Successfully persuaded the Court to unanimously reverse district court judgment and render judgment in client’s favor.
• Co-authored brief in the Second Circuit seeking reversal of $247 million judgment entered against a common carrier. Successfully persuaded the Court to reduce the penalties by over $80 million.
• Co-authored briefs in the Fourth Circuit challenging district court orders invaliding Food and Drug Administration guidance on the enforcement of the Family Smoking Prevention and Tobacco Control Act.
• Co-authored briefs in federal district court seeking and opposing confirmation of arbitral awards against foreign sovereigns under the New York Convention and the ICSID Convention.

Pro Bono

• Co-authored merits-stage amicus brief in the Supreme Court in Byrd v. United States. Supreme Court ruled in favor of client’s position. 
• Co-authored petition-stage amicus brief in the Supreme Court supporting review of Fifth Circuit decision addressing the deference owed state court decisions under AEDPA.
• Co-authored amicus brief in federal district court defending a Justice of the Peace’s practice of opening his court proceedings with prayer.