FacultyFaculty/Author Profile
Stephen Kinnaird

Stephen Kinnaird

Paul Hastings LLP

Washington, DC, USA


Stephen B. Kinnaird is a partner at Paul Hastings LLP and co-chair of its Appellate Practice. He has represented clients in numerous cases in the United States Supreme Court, the federal courts of appeals and district courts, and state appellate courts. Mr. Kinnaird has handled matters involving intellectual and real property, antitrust, environmental, transportation, administrative, criminal, tort, and constitutional law, among others.

Mr. Kinnaird has briefed and argued multiple cases in the U.S. Supreme Court.  He argued Padilla v. Kentucky, in which the Court ruled in favor of firm client Jose Padilla in holding that the Sixth Amendment imposed duties upon defense counsel to advise criminal defendants of the deportation consequences of criminal convictions. Mr. Kinnaird was featured on the cover of the July/August 2010 issue of The American Lawyer in a story discussing Padilla as the capstone of the firm's pro bono initiatives.  Lawyers USA named Mr. Kinnaird one of its nine Lawyers of the Year in 2010.  In 2013, Mr. Kinnaird successfully argued Peugh v. United States, in which the Supreme Court held by 5-4 decision that the Ex Post Facto Clause bars retroactive application of amendments to the advisory U.S. Sentencing Guidelines that raise recommended sentencing ranges.  Other notable matters include engagements for:

  • a major league baseball team in the U.S. Supreme Court in a case involving taxation of back pay;
  • a telecommunications company in the U.S. Supreme Court and the courts of appeals in cases establishing rules of competitive access to network facilities under the Telecommunications Act of 1996 and addressing takings and sovereign immunity defenses;
  • a railroad company in the U.S. Supreme Court in a case addressing the legal standard for causation by contributory negligence;
  • an energy company in the U.S. Supreme Court in a case concerning rights to coalbed methane in property derived from federal land grants;

Prior to entering private practice, Mr. Kinnaird served as a law clerk to Justice Anthony M. Kennedy of the United States Supreme Court, and to Judge John M. Walker, Jr. of the United States Court of Appeals for the Second Circuit. Mr. Kinnaird received a B.A. in English Language and Literature from Yale University, summa cum laude.  He received an M.A. in Philosophy, Politics, and Economics from Oxford University, which he attended on a Rhodes Scholarship. He received a J.D. from Yale Law School, where he served as Articles Editor on the Yale Law Journal and was awarded three faculty prizes for scholarship.

Mr. Kinnaird is a Lecturer in Law at the University of Pennsylvania Law School and co-teaches its Supreme Court Clinic.  Mr. Kinnaird is also a member of the Boards of Directors of the Washington Lawyers' Committee for Civil Rights and Urban Affairs and the National Veterans Legal Services Program.
Stephen Kinnaird is associated with the following items:
Web Segment  Web Segment Appellate Advocacy: Effective and Persuasive Brief Writing - Appellate Advocacy 2017, Friday, April 21, 2017
MP3 Audio  MP3 Audio Appellate Advocacy: Effective and Persuasive Brief Writing - Appellate Advocacy: Effective and Persuasive Brief Writing , Friday, April 21, 2017
Transcripts  Transcripts Appellate Advocacy: Effective and Persuasive Brief Writing - Appellate Advocacy: Effective and Persuasive Brief Writing , Friday, April 21, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Appellate Advocacy: Effective and Persuasive Brief Writing - Appellate Advocacy: Effective and Persuasive Brief Writing , Friday, April 21, 2017
On-Demand Web Programs  On-Demand Web Programs Appellate Advocacy 2017, Wednesday, May 03, 2017, New York, NY
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