Cliff Sloan

Cliff Sloan has litigated cases at all levels of federal and state courts, including seven U.S. Supreme Court arguments, numerous arguments in the U.S. Courts of Appeals, and matters in trial and district courts across the country.

Mr. Sloan’s practice focuses on a wide range of litigation and appeals, including cases involving intellectual property, administrative law, commercial disputes, securities law, tax controversies, criminal law and constitutional issues. He also regularly advises clients on copyright, trademark, new media and First Amendment matters, as well as global strategy, policy matters and risk management.

Mr. Sloan also has represented numerous companies and individuals in some of their most important litigation cases and appellate matters, including:

• a U.S. Supreme Court victory in a case regarding protection for the intellectually disabled in capital cases (Moore v. Texas);
• an en banc ruling in the U.S. Court of Appeals for the First Circuit in an SEC matter on the scope of Section 10b-5 liability (SEC v. Tambone);
• an appellate ruling for Rosetta Stone in its trademark infringement claims, in a case he argued in the U.S. Court of Appeals for the Fourth Circuit (Rosetta Stone v. Google). His representation was recognized for his successful and innovative strategy in the 2012 Financial Times’ “US Innovative Lawyers” report;
• a victory in a music copyright infringement lawsuit in which he was lead counsel for the band Bon Jovi, as well as more than a dozen media and entertainment defendants, in the U.S. Court of Appeals for the First Circuit and the U.S. District Court for the District of Massachusetts (Steele v. Turner Broadcasting);
• a victory in litigation regarding a commercial arbitration agreement (A-1 A-Lectrician, Inc. v. CommonWealth REIT);
• the successful representation of a former vice chair of the joint chiefs of staff regarding a presidential pardon;
• the successful defense of a global professional services company in litigation regarding a government contract.

Mr. Sloan served as special envoy for Guantanamo closure at the U.S. Department of State. In that role, he was responsible for negotiating with countries to accept the transfer of detainees and for navigating the various international relations, national security and humans rights issues that arose during the efforts to close the detention facility.

He also co-chaired an interagency working group that included the State Department, the Department of Defense, the Joint Chiefs of Staff, the Department of Justice, the Department of Homeland Security and the Office of the Director of National Intelligence.

Earlier in his career, Mr. Sloan served in other high-ranking positions in all three branches of the federal government, including as associate counsel to the president and assistant to the solicitor general. He also has served on the U.S. Court of Appeals for the District of Columbia Circuit’s Advisory Committee on Procedures.

He currently serves as chair of the board of the Public Welfare Foundation, and on the boards of the National Center for State Courts, the National Security Archive and the American Constitution Society.

Mr. Sloan is the co-author of The Great Decision, a book about the historic Supreme Court case Marbury v. Madison (Public Affairs, 2009), which was named a History Book of the Month Club selection.

Education:

• J.D., Harvard Law School (magna cum laude), 1984
• B.A., Harvard College (magna cum laude), 1979

Admissions:

• Illinois
• District of Columbia

Government Service:

• Special Envoy for Guantanamo Closure, United States Department of State (2013-2014)
• Associate Counsel to the President of the United States (1993-1995)
• Assistant to the Solicitor General, United States Department of Justice (1989-1991)
• Associate Counsel, Office of Independent Counsel, Iran-Contra (1987-1988)
• Law Clerk to Judge J. Skelly Wright, United States Court of Appeals for the District of Columbia (1984-1985)