Daniel Volchok

Daniel S. Volchok’s practice focuses on appellate litigation involving various areas of federal and state law, including arbitration, bankruptcy, civil rights, contracts, criminal law, due process, free speech, intellectual property, military law, Native American issues, preemption and tax.

Mr. Volchok has filed numerous merits and amicus briefs in the US Supreme Court as well as state and federal appellate courts, and also participated in successful efforts to obtain or oppose certiorari.

Mr. Volchok also has an extensive Native American practice. He has represented tribes and nations in trial and appellate litigation, as well as in a variety of non-litigation matters involving federal, state and local governments as well as private entities and other tribes and nations.

Prior to joining the firm, Mr. Volchok clerked for the Honorable David H. Souter of the US Supreme Court and the Honorable David S. Tatel of the US Court of Appeals for the District of Columbia Circuit.

Experience :

• Led a briefing team that secured a rare summary reversal by the US Supreme Court in ERISA litigation arising out of the Ninth Circuit.
• Assisted in securing, on behalf of a New Mexico tribe, a nine-figure settlement of 10-year-old litigation against the United States alleging mismanagement of the tribe’s resources.
• Assisted with a successful appeal to the Tenth Circuit on behalf of an airline challenging a state’s effort at regulation as preempted by federal law.
• Assisted with a successful appeal to the Tenth Circuit from a dismissal of a state-law tort and contract action concerning ownership of a newspaper in Salt Lake City.
• Won a victory in the Seventh Circuit, securing affirmance of the dismissal of a complaint alleging violations of the Fair Labor Standards Act.
• Assisted in securing a victory in the DC Circuit, which affirmed the dismissal of a complaint alleging violations of the False Claims Act.
• Participated in a successful appeal to the Second Circuit in a case challenging a state law that regulated airlines’ provision of services during extended ground delays. Reversing the district court, the court of appeals held that the law was expressly preempted by federal law, and likely implicitly preempted as well.

EDUCATION :

• JD, Harvard Law School, 2003
• MPA, Princeton University, 1998
• BA, Political Science, Columbia University, 1994

ADMISSIONS : District of Columbia, Maryland

CLERKSHIPS :

• The Hon. David H. Souter, US Supreme Court, 2004 – 2005
• The Hon. David S. Tatel, US Court of Appeals for the District of Columbia Circuit, 2003 – 2004.