Through concise briefing and cogent oral argument to the Second Circuit Court of Appeals in New York, Will Feldman convinced the Court to unanimously vacate a $10.4 million judgment against his client. This is a recent example of Will’s track record of success representing Fortune 500 companies and other clients in a wide range of legal matters. A former federal appellate and district court law clerk, Will employs his keen insight into how judges think to formulate persuasive legal arguments that focus on the issues that matter most.
As a lawyer in the Appellate Practice Group, Will has presented oral argument to the Second and Fifth Circuit Courts of Appeal. He has authored numerous briefs on behalf of clients on a variety of legal topics, including arbitration, insurance law, contract law, maritime law, bankruptcy, intellectual property, and class actions.
In addition to his appellate experience, Will also works with trial teams to write dispositive motions, draft jury charges, and present legal arguments at hearings and conferences.
Will serves on the pro bono panels of the Third, Fifth, and Ninth Circuit Courts of Appeal, and is currently representing an asylum petitioner in her appeal to the Board of Immigration Appeals.
Beyond his in-court experience, Will has written legal articles on a range of appellate and trial procedure topics and taught at continuing legal education courses. Will is also a member of the Second Circuit Court of Appeals’ Federal Bar Council, and in that role has coordinated programs on appellate advocacy and class action litigation.
Will previously served as a law clerk to Judge Carolyn Dineen King of the United States Fifth Circuit Court of Appeals, and to Judge Janis Graham Jack of the United States District Court for the Southern District of Texas. Before joining the firm, Will was a lawyer at White & Case LLP in Washington, D.C., where he practiced international arbitration and litigation.
Selected Publications and Speeches
- “Expanding the Record on Appeal: What Every Lawyer Needs to Know,” author, ABA Section of Litigation Appellate Practice, Volume 38, Issue 4, August 26, 2019.
- “China Agritech Should Apply to State Class Actions,” co-author, Law360, April 11, 2019.
J.D., Cornell Law School, 2006, magna cum laude, Order of the Coif; Cornell International Law Journal, Managing Editor
B.S., Human Development, Cornell University, 2003
Law Clerk to the Honorable Carolyn Dineen King, U.S. Court of Appeals for the Fifth Circuit, August 2011-August 2012
Law Clerk to the Honorable Janis Graham Jack, U.S. District Court for the Southern District of Texas, June 2009-July 2011
District of Columbia
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Southern District of Texas
United States Supreme Court
Successfully defended and obtained dismissal of lawsuit seeking to enforce guaranty of lease agreement.
Persuaded court to transfer from New York to Delaware a multi-million dollar antitrust lawsuit against Accord Health Care, Inc. and other pharmaceutical manufacturers.
Secured a $27 million judgment in favor of ExxonMobil against one of its insurance carriers in a dispute arising from personal injury claims made at one of ExxonMobil’s facilities.
Retained after district court entered a $10.4 million judgment in breach of contract and replevin action. Before the Second Circuit, won a unanimous decision vacating the final judgment and remanding the case for further proceedings.
Obtained multi-million dollar settlement of client's indemnity claims against primary and excess insurers arising out of personal injury settlements paid out by our client. Our client's hand was significantly strengthened by obtaining the dismissal of the insurers' declaratory judgment claims for la [...]
Obtaining a seldom-granted remedy, persuaded the Second Circuit to stay a $10.4 million final judgment pending appeal, which ultimately was successful.
Obtained dismissal of an appeal for want of jurisdiction after the defendant insurance carriers sought to appeal a remand of a suit in which ExxonMobil sought coverage arising from personal injury claims.
Persuaded the Fifth Circuit to affirm a take-nothing summary judgment on plaintiffs' False Claims Act and Outer Continental Shelf Lands Act (OCSLA) claims, through which plaintiffs had sought a multi-billion dollar recovery and an injunction shutting down an offshore production facility. View a copy [...]
Persuaded the Texas Supreme Court to reverse a $752,000 judgment on a jury verdict and hold that under the doctrine of ferae naturae, a railroad had no duty to prevent its employee from contracting a mosquito-borne illness.
Represented the National Football League and related NFL entities in a putative class action brought by plaintiffs who alleged that the NFL's ticket distribution policies for Super Bowl XLVIII violated the New Jersey Consumer Fraud Act. Obtained dismissal of claims, which was affirmed on appeal as t [...]
Last week, the U.S. Supreme Court declined to review the U.S. Court of Appeals for the Second Circuit’s decision in Zuckerman v. Metropolitan Museum of Art, which held that the equitable doctrine of laches barred a claim to recover a Holocaust-era artwork, even though that claim was brought within the six-year statute of limitations that Congress enacted through the Holocaust Expropriated Art Reco [...]