In a landmark decision this June, the Supreme Court held that discrimination on the basis of sexual orientation and gender identity is necessarily discrimination “because of … sex,” and therefore is prohibited under Title VII of the Civil Rights Act of 1964. While the decision marked a significant advance for LGBTQ antidiscrimination protections, it left key questions unanswered. And the sharp exchanges between the majority and dissenting opinions tell only part of the story of how a 6-3 majority coalesced to deliver a sweeping victory for LGBTQ rights. How did Justice Scalia exert his influence from the grave? Is Chief Justice Roberts the new Justice Kennedy? Drawing on their perspectives as Supreme Court litigators and former clerks, the presenters will explore these questions, address other dynamics that led to this surprising outcome, and describe the next battlegrounds for LGBTQ rights at the Court.
Hosted by IEL’s Diversity & Inclusion Strategic Committee
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Slides - LGBTQ Rights in the Workplace
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Josh Rosenkranz is co-head of the firm’s Supreme Court & Appellate Litigation practice. A former law clerk to U.S. Supreme Court Justice William J. Brennan Jr. and then-Judge Antonin Scalia on the D.C. Circuit, Josh has personally argued more than 190 appeals in state and federal appellate courts across the nation, including 18 before the U.S. Supreme Court.
Josh is the only lawyer ever named American Lawyer's “Litigator of the Year” twice. In 2012, the magazine dubbed him “the Defibrillator” based on his streak of appellate wins for companies that “appeared to be at death’s door,” and in 2017 it declared, he “still deserves the moniker we once gave him.” Chambers USA has reported, “He wins accolades for his ‘brilliant analysis and judgment.’ Clients appreciate how he ‘rethinks every case from the ground up,’ and add: ‘He can take the most complicated legal or technological issue and present it in a way that seems like common sense.’” Another edition of Chambers USA added: “‘His briefs are quite simply beautiful,’” and “clients describe his courtroom presence as ‘both commanding and accessible at the same time.’ He has the ‘perfect combination of persuasiveness, intelligence, wit, and deference.’”
Josh's practice covers a wide range of subjects, including securities, intellectual property, antitrust, federal preemption, insurance law, corporate governance, criminal law and constitutional litigation. Among his recent clients are Credit Suisse, DIRECTV, DISH Network, Facebook, Genentech, Gilead, JPMorgan Chase, Kleiner Perkins, LinkedIn, Microsoft, Morgan Stanley, Oracle, and Royal Bank of Scotland.
Daniel Rubens is a partner in the firm's Litigation Group and Supreme Court and Appellate Practice. He handles high stakes appeals and critical motions in courts across the nation, with a focus on the financial services and technology sectors. Danny's practice focuses on appellate litigation. He has led the drafting on dozens of appellate briefs, and regularly argues appeals in state and federal courts. Danny has extensive trial litigation experience as well, with an emphasis on dispositive motions, preserving appellate issues, and developing creative legal strategies.
Danny’s work has covered a wide range of subject areas, including securities, bankruptcy, intellectual property, arbitration, and complex commercial litigation. He has deep expertise in appeals and critical motions in financial services litigation, and in recent years has played a key role in representing financial institutions in major RMBS cases brought by trustees, investors, and monoline insurers. Danny is also an experienced bankruptcy litigator, having represented various debtors and creditors in fraudulent transfer cases and other contested insolvency-related matters involving U.S. and foreign law.
Danny is a member of the Second Circuit's pro bono panel and maintains an active pro bono practice focusing on criminal, immigration, and LGBTQ+ rights matters. He was recently recognized by the National LGBT Bar Association as a “Best LGBTQ+ Lawyer Under 40.”
Before joining Orrick, Danny served as a law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg, Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit, and Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York. Following his clerkships, he was selected to represent the American Inns of Court as a Temple Bar Scholar in London.
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