C. Harker Rhodes IV

Retirement Plans Committee of IBM v. Jander (2020): Successfully obtained United States Supreme Court review and a favorable decision for IBM in a putative ERISA breach-of-fiduciary-duty class action involving claims for millions of dollars in damages premised on the theory that plan fiduciaries should have disclosed inside information for the benefit of plan participants.

Amgen Inc. v. Sanofi (2019): Successfully represented Sanofi and Regeneron in opposing certiorari in a patent case challenging established Federal Circuit doctrine regarding the written description requirement.

Franchise Tax Board of California v. Hyatt (2016): Successfully obtained United States Supreme Court review on behalf of the California Franchise Tax Board in a case addressing state sovereign immunity and the application of the Full Faith and Credit Clause in state court suits.

Gordon v. Schilling (2019): Briefed and argued successful pro bono appeal in the Fourth Circuit on behalf of a Virginia prisoner with hepatitis C who was denied adequate medical treatment, resulting in a unanimous opinion vacating the district court’s grant of summary judgment for defendants and clearing the way for the client to present his claims at trial.

In re Ultra Petroleum Corp. (2019): In a bankruptcy case with hundreds of millions of dollars in claims at stake, obtained unanimous Fifth Circuit decision holding that a claim in bankruptcy is not “impaired” under Section 1124 of the Bankruptcy Code when the holder receives everything to which it is entitled under the Code, reversing in part and vacating adverse bankruptcy court decision to the contrary.

In re Motors Liquidation Co. (2019): Successfully represented General Motors in obtaining a unanimous Second Circuit decision holding that the company did not assume liability for punitive damages based on conduct that occurred before its reorganization, significantly limiting its potential liability in cases involving vehicles manufactured before the reorganization.

Black Card, LLC v. Visa U.S.A., Inc. (2019): On behalf of the plaintiff Luxury Card in a commercial dispute involving claims for hundreds of millions of dollars, successfully obtained a unanimous Tenth Circuit decision reversing the district court’s grant of summary judgment in part and reinstating implied contract and unjust enrichment claims.

California v. Environmental Protection Agency (2019): Successfully represented industry intervenors in convincing the D.C. Circuit to dismiss a premature challenge to a federal agency decision to reconsider existing automobile emissions standards.

Natural Resources Defense Council v. Perry (2019): Represented industry association before the Ninth Circuit and the Northern District of California as intervenors in action involving agency discretion as to issuance of energy efficiency standards.

Duke Energy Florida, LLC v. FirstEnergy Corp. (2018): On behalf of major utility, obtained unanimous Sixth Circuit decision holding client could not be held liable for acts by subsidiaries of corporate predecessor in case addressing CERCLA liability and corporate veil-piercing.

Freeman v. Pierce (2017): Briefed and argued successful pro bono appeal in the Seventh Circuit resulting in a unanimous opinion reversing the district court, granting habeas relief, and vacating the client’s conviction based on the violation of his Sixth Amendment right to self-representation.

Omega Flex, Inc. v. George (2017): On petition for permission to appeal, obtained summary reversal holding that benefit-of-the-bargain allegations were sufficient to create Article III standing and reversing district court decision to remand case to state court.

Harker was previously employed at Bancroft PLLC from 2014 to 2015.