Samantha Goldstein is a member of the Appellate practice group in Washington, DC. She has prepared briefs in the US Supreme Court and federal and state courts of appeals on a wide range of subjects, including federal constitutional law, preemption, the Alien Tort Statute, ERISA, insurance, product liability, and other complex litigation matters.
In addition, Samantha has served in a variety of capacities in trial-level cases, including drafting pleadings, opposing class certification, and drafting motions briefing. Samantha also maintains a robust pro bono practice, focusing on constitutional law, voting rights, and racial justice, and she previously was a member of the National Women’s Law Center Leadership Advisory Committee.
In 2018, Samantha served as Special Counsel to US Senator Kamala D. Harris. In that position, Samantha was part of the small team that helped prepare the Senator for the Senate Judiciary Committee’s hearings on a US Supreme Court nomination.
Prior to joining O’Melveny, Samantha was a law clerk for the Honorable Judith W. Rogers on the US Court of Appeals for the DC Circuit, for the Honorable Steven M. Colloton on the US Court of Appeals for the Eighth Circuit, and for the Honorable Dalveer Bhandari on the Supreme Court of India.
- US Supreme Court Matters
- Co-authored merits brief in Jam v. International Finance Corporation, No. 17-1011, involving the scope of the immunity from suit granted international organizations under the International Organizations Immunities Act.
- Co-authored brief for court-appointed amicus curiae in Lucia v. Securities and Exchange Commission, No. 17-130, concerning whether SEC Administrative Law Judges are “Officers of the United States” within the meaning of the Appointments Clause of the US Constitution.
- Co-authored merits briefs in Ayestas v. Davis, No. 16-6795, which culminated in a unanimous victory in favor of the client and clarified the standard for receiving funding for investigative services in capital cases under 18 U.S.C. § 3599(f).
- Co-authored certiorari- and merits-stage briefs in Overton v. United States, No. 15-1504, regarding the materiality of evidence withheld by the prosecution under Brady v. Maryland.
- Co-authored successful brief in opposition to certiorari in Ntsebeza v. Ford Motor Co., No. 15-1020, preserving the dismissal of a putative class-action complaint seeking to hold Ford and a co-defendant liable under the Alien Tort Statute.
- State and Federal Appellate and Trial Court Matters:
- Representing major energy company in litigation involving the foreign and domestic Dormant Commerce Clauses and various forms of federal preemption.
- Appointed to represent criminal defendant in Sixth Circuit appeal involving application of a career-offender sentencing enhancement under the US Sentencing Guidelines.
- Represented consortium of material suppliers in trial court and on appeal in suit challenging state law under the Equal Protection Clause and on Federal Aviation Administration Authorization Act preemption grounds.
- Co-authored winning Sixth Circuit brief for multinational bank in breach of contract and foreclosure suit.
- Represented manufacturer of electric vehicles, in various administrative, trial court, and appellate forums across the country, in actions regarding its right to sell its vehicles directly to consumers.
- Defended financial services company in putative class action challenging the management of a stable value fund under ERISA.
- Defended financial services company against ERISA claims challenging 401(k) plan investment selections.
- Washington, DC
- New York
- US Supreme Court
- US Court of Appeals, Second, Sixth, and Ninth Circuits
- Harvard University, J.D.: magna cum laude; Deputy Executive Editor, The Harvard International Law Journal
- University of Pennsylvania, B.A., Economics: summa cum laude
- Honorable Judith W. Rogers, US Court of Appeals for the District of Columbia Circuit
- Honorable Steven M. Colloton, US Court of Appeals for the Eighth Circuit
- Honorable Dalveer Bhandari, Supreme Court of India
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