FacultyFaculty/Author Profile

Matthew D. McGill

Gibson, Dunn & Crutcher LLP
Partner
Washington, DC, USA


Matthew D. McGill is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher.  He practices in the firm’s Litigation Department and its Appellate and Constitutional Law and Intellectual Property practice groups.

Mr. McGill recently was named a national Rising Star by Law360, which identified him as one of 10 appellate lawyers under 40 to watch. In the five years since he joined the firm, he has participated in thirteen cases before the Supreme Court of the United States, drafting the winning briefs in ten of those cases. Those ten Supreme Court victories, which span a wide range of substantive areas of law, include several of the biggest come-from-behind legal victories for businesses of the last several years: Citizens United v. Federal Election Commission (2010) – Hailed by the New York Times as a “doctrinal earthquake,” this decision overruled two Supreme Court precedents and established the First Amendment right of corporations to spend general treasury funds on speech activities to influence the outcomes of elections.

Coeur Alaska, Inc. v. Southeast Alaska Conservation Council (2009) – After persuading the Supreme Court to take up the case over the opposition of both environmentalists and the Solicitor General, Mr. McGill’s briefs convinced the Supreme Court to reverse a Ninth Circuit decision that invalidated a Clean Water Act critical permit and jeopardized mine operator Coeur Alaska’s $330,000,000 investment in an Alaskan gold mine.

Riegel v. Medtronic, Inc. (2008) – This decision, which, as the New York Times reported, has had “huge implications for the health care-technology industry,” held that federal law preempts many state-law product liability claims against medical devices manufacturers, foreclosing scores of products liability cases across the country. 

Microsoft Corporation v. AT&T Corp. (2007) – This case reversed a Federal Circuit decision that had vastly increased certain defendants’ damages exposure in patent infringement cases by extending U.S. patent law to reach software developers’ foreign sales. The victory, New York Times observed, has “save[d] [Microsoft] billions of dollars.”

Mr. McGill also has filed numerous amicus curiae briefs on behalf of clients in cases raising important issues of patent law such as Bilski v. Kappos, KSR International v. Teleflex, and eBay v. MercExchange

Outside the Supreme Court, Mr. McGill’s practice focuses on cases involving novel and complex questions of federal law. For example, Mr. McGill currently represents the plaintiffs in Perry v. Schwarzenegger, a constitutional challenge to California’s Proposition 8, which prohibits same-sex couples from marrying. In the patent area, Mr. McGill currently advises Microsoft in two appeals involving nine-figure verdicts against MicrosoftUniloc USA v. Microsoft and i4i L.P. v. Microsoft

Mr. McGill also maintains an active pro bono practice. Most recently, he briefed and argued a case in the Supreme Court of Virginia on behalf of the adoptive family of a 4-year-old girl and won a unanimous ruling affirming the adoption. 

Prior to joining Gibson Dunn, Mr. McGill served as a Bristow Fellow in the Office of the Solicitor General at the U.S. Department of Justice and clerked for the Hon. Joseph M. McLaughlin of the U.S. Court of Appeals for the Second Circuit and the Hon. John G. Roberts, Jr. of the U.S. Court of Appeals for the D.C. Circuit.

Mr. McGill earned a Bachelor of Arts degree, magna cum laude, from Dartmouth College in 1996. In 2000, he graduated from Stanford Law School, where he was elected to the Order of the Coif. Mr. McGill is licensed to practice in New York and the District of Columbia and he has been admitted to practice before the Supreme Court of the United States, the United States Courts of Appeals for the First, Second, Fifth, Ninth, Eleventh, District of Columbia, and Federal Circuits, and the United States District Court for the Southern District of New York.

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