- Co-authored briefs and presented oral argument regarding preemption issues under the Supreme Court’s decisions in PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), and Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341 (2001), on behalf of a leading pharmaceutical manufacturer.
- Co-authored brief and contributed to oral argument preparation in Washington v. United States, 138 S. Ct. 1832 (2018) (Mem.), a Supreme Court case about fishing rights under 19th century Indian treaties.
- Contributed to briefing and oral argument preparation in Supreme Court litigation regarding the standard of review of patent claim construction. Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 135 S. Ct. 831. The Supreme Court agreed with Teva by a vote of 7-2 that factual issues relevant to claim construction decisions are reviewed for clear error.
- Co-authored motion for judgment on the pleadings on behalf of an investment management services corporation in a securities action. Successfully obtained dismissal of all claims asserted against our client.
- Co-authored brief on behalf of a financial institution in the Ninth Circuit regarding statute-of-limitations issues. The Ninth Circuit agreed with our client and affirmed the district court’s dismissal in a published opinion.
- Co-authored briefs in the Federal Circuit on behalf of a leading pharmaceutical manufacturer regarding causation issues in induced-infringement appeal that is currently pending.
- Co-authored certiorari-stage briefs in the Supreme Court on behalf of petitioners challenging deliberately indifferent medical care and mandatory juvenile sentencing laws.
- Co-authored post-trial briefing in patent infringement action regarding patent invalidity issues.
- Presented oral argument and successfully persuaded the Ninth Circuit in two appeals to reverse dismissal of complaints filed by an inmate under 42 U.S.C. § 1983. Also successfully persuaded the Ninth Circuit to reverse or vacate decisions by the Northern District of California and Eastern District of California to deny appointment of pro bono counsel based on the prisoner’s physical incapacitation.
- Represented 401(k) service providers in the Southern District of New York and District of Massachusetts in putative class actions alleging breaches of fiduciary duties under ERISA and violations of ERISA’s prohibited-transaction provisions. Successfully obtained dismissal of all claims at the pleading stage in several cases.
- Representing 401(k) plan sponsor in putative class actions alleging breaches of ERISA’s fiduciary duties and violations of ERISA’s prohibited-transaction provisions based on the selection and monitoring of 401(k) plan investment options.
- Co-authored numerous petitions for certiorari filed in the Supreme Court in ERISA, product-litigation, criminal, and civil rights cases.
- Co-authored Supreme Court amicus briefs concerning patent, ERISA, statute of limitations, and environmental issues.
- Part of a team that monitored the domestic ethics program of one of the largest publicly traded companies in the United States, including the preparation of compliance and improvement reports.
Jaime A. Santos
Jaime A. Santos is a partner in the firm’s Appellate Litigation practice. Her work focuses on appellate matters and complex civil litigation in federal courts, and she has experience in a wide range of areas including ERISA litigation, patent litigation, constitutional law, and product litigation. Ms. Santos has been the primary author of more than a dozen briefs filed in the Supreme Court, many more briefs filed in federal courts of appeals and federal district courts, and she has presented oral argument in state and federal trial and appellate courts. Ms. Santos also co-hosts the Supreme Court podcast Strict Scrutiny.
Ms. Santos also maintains an active pro bono practice. She has been counsel of record in numerous criminal, immigration, and civil rights appeals in the Fourth, Seventh, and Ninth Circuits. She has also advocated on behalf of transgender litigants asserting constitutional claims before the Fourth Circuit and the Supreme Court, and represented a criminal defendant challenging his sentence before the Supreme Court. In 2015, Ms. Santos was honored by the Lawyers’ Committee for Civil Rights for her commitment to pro bono civil rights work.
In addition to her pro bono practice, Ms. Santos has been a thought leader in preventing and addressing bias and harassment in the legal profession. She speaks at conferences across the country and has published several articles on the topic. Since January 2018, she has advised numerous state and federal courts on improving the policies and processes governing inappropriate conduct in the workplace.
Ms. Santos serves on the MacArthur Justice Center Supreme Court & Appellate Advisory Board, and on the National Women’s Law Center’s Leadership Advisory Council.
Before joining Goodwin in 2013, Ms. Santos served as a law clerk to the Honorable George H. King of the U.S. District Court for the Central District of California, and to the Honorable Raymond C. Fisher of the U.S. Court of Appeals for the Ninth Circuit. In law school, she was a supervising editor for the Harvard Law Review.
Harvard Law School
(magna cum laude)
University of San Diego
(summa cum laude)