- Co-authored briefs 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.
- 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. Appeal 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.
- Representing 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. Co-authored briefing in support of motions to dismiss. Successfully obtained dismissal of all claims in one case. Motions in other actions are still pending.
- Representing a financial institution in putative class action 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 briefing in support of motion to dismiss, which was granted in part, and briefing in opposition to motion for class certification.
- Co-authored numerous Supreme Court amicus briefs concerning patent, ERISA, statute of limitations, and environmental issues.
- Part of a team monitoring 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 an associate 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, environmental law, and securities actions. Ms. Santos has been the primary author of more than a dozen briefs filed in the Supreme Court, and many more filed in federal courts of appeals and federal district courts.
Ms. Santos’s practice also includes ethics and compliance assessment and guidance. Ms. Santos is a member of the Society of Corporate Compliance and Ethics and, since 2013, has worked on an independent monitoring team focusing on the domestic ethics program of one of the largest publicly traded companies in the United States.
Ms. Santos maintains an active pro bono practice. She has argued two Ninth Circuit appeals involving First and Eighth Amendment issues on behalf of an inmate in the California prison system and one Fourth Circuit appeal involving suppression issues on behalf of a criminal defendant. She has also worked on immigration appeals before the First and Ninth Circuits, advocated on behalf of transgender litigants asserting constitutional claims before the Fourth Circuit and the Supreme Court, and represented criminal defendants challenging convictions or sentences. 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 and workshops across the country on the topic and, since January 2018, has advised the Ninth Circuit, the D.C. Circuit, and the Administrative Office of the U.S. Courts’ Federal Judiciary Workplace Conduct Working Group to improve the policies and processes governing inappropriate conduct in the workplace.
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)