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Supreme Court and Appellate
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Jean-Claude (J.C.) André is a partner in Sidley’s Los Angeles office and is the West Coast head of Sidley’s national Supreme Court and Appellate Practice. J.C. has considerable experience with high-profile matters that address some of the most challenging legal issues, including constitutional issues, issues of statutory and regulatory interpretation, issues of first impression, affirmative government appeals and efforts to obtain and defeat en banc review and certiorari.

Prior to working at Sidley, J.C. served as an Assistant United States Attorney and the Chief of the Criminal Appeals Section at the Office of the United States Attorney for the Central District of California. During his lengthy tenure in the United States Attorney’s Office (USAO), he personally briefed and/or argued more than 75 distinct appeals. During his four years as the USAO’s Criminal Appeals Chief, he supervised more than 350 appeals each year before the Ninth Circuit Court of Appeals. For eight years, he served on the faculty of the U.S. Department of Justice’s National Advocacy Center civil and criminal appellate advocacy and brief writing courses. Before joining the USAO, J.C. was in private practice during which time he handled more than 30 appeals, briefing 14 and arguing 3 matters before the United States Supreme Court.

J.C. was selected by the judges of the United States Court of Appeals for the Ninth Circuit to serve a three-year term, running through 2020, as an Appellate Lawyer Representative to the Ninth Circuit Judicial Conference. He has been recognized (along with Sidley Supreme Court and Appellate partners Carter G. Phillips and Jeffrey T. Green) by Reuters’ The Echo Chamber as one of an “elite cadre” of the 66 “most influential” lawyers practicing before the Supreme Court between 2004 and 2012. Converse Unisex Adults Unisex Converse Lawyers USA’s “Up & Coming Lawyers” edition identified him as one of eight “up and coming” lawyers “across the nation who are on the fast track to making a significant impact on the profession.” J.C. earned his J.D. from the University of Virginia School of Law, where he was editor-in-chief of the Virginia Journal of Social Policy & the Law. He received an M.A. in Legal and Constitutional History and Theory from the University of Virginia Graduate College of Arts and Sciences. He graduated with two bachelor’s degrees from the University of California at Davis: a B.A. in International Relations and a B.S. in Agricultural and Managerial Economics.

Experience

LaRue v. DeWolff, Boberg & Associates, Inc., 552 U.S. 248 (2008): Briefed and obtained 9-0 reversal for the petitioner in employee-benefits case regarding whether a 401(k) participant whose account was diminished by the plan administrators’ breach of their fiduciary duties may recover damages from the administrators
Ali v. Bureau of Prisons, 552 U.S. 214 (2008): Briefed and argued for the petitioner in a Federal Tort Claims Act case alleging that federal prison officials discriminatorily destroyed the petitioner’s devotional objects
Winkelman v. Parma City Sch. Dist., 550 U.S. 516 (2007): Briefed, argued and obtained 7-2 reversal for the petitioners in case regarding whether the Individuals with Disabilities Education Act creates independent, enforceable rights for parents in the special education of their disabled children
Jones v. Bock, 549 U.S. 199 (2007): Briefed, argued and obtained 9-0 reversal for the petitioners in three consolidated prison civil rights cases alleging that Michigan correctional officials discriminated against the petitioners on the bases of their race and physical disabilities and for exercising their First Amendment rights
United States v. Chhun, 744 F.3d 1110 (9th Cir. 2014), cert. denied, 135 S. Ct. 131 (2014): Briefed, argued and obtained affirmance for the government-appellee in post-trial appeal regarding a conspiracy to overthrow the sitting government of Cambodia
United States v. McTiernan, 695 F.3d 882 (9th Cir. 2012), cert. denied, 133 S. Ct. 964 (2013): Briefed, argued and obtained affirmance for the government-appellee in appeal regarding illegal private-party wiretapping by private investigator and Hollywood film producer
United States v. Meredith, 685 F.3d 814 (9th Cir. 2012), cert. denied, 133 S. Ct. 563 (2012): Briefed, argued and obtained affirmances for the government-appellee in three-defendant appeal following tax-fraud trial presenting dozens of issues, including First Amendment claims
United States v. Nelson, 471 Fed. Appx. 638 (9th Cir. 2012): Briefed, argued and obtained reversals for the government-appellant in two-defendant case in which the district court had overturned the defendants’ convictions by jury on the basis of constitutionally insufficient evidence
Former Employees of IBM Corp. v. Chao, 435 F. Supp. 2d 1335 (Ct. Int’l Trade 2006), aff’d, 292 Fed. Appx. 902 (Fed. Cir. 2007): Briefed, argued and obtained unemployment benefits for displaced software engineers challenging the Secretary of Labor’s denial of benefits
Smith v. Superior Court, 39 Cal. 4th 77 (2006): Lead counsel for amici curiae coalition of legal services organizations urging reversal in an appeal regarding statutory penalties for untimely payment of wages (judgment reversed 7-0)
Copley Press, Inc. v. Superior Court, 39 Cal. 4th 1272 (2006): Lead counsel for amici curiae federation of peace officer unions urging reversal of a California Public Records Act disclosure order (judgment reversed 6-1)

*Above matters were handled prior to J.C. joining Sidley.

Credentials

Admissions & Certifications

U.S. Supreme Court
U.S. Court of Appeals, 1st Circuit
Unisex Unisex Converse Converse Adults U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
U.S. Court of Appeals, 5th Circuit
U.S. Court of Appeals, 6th Circuit
Converse Converse Unisex Unisex Adults U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 8th Circuit
U.S. Court of Appeals, 9th Circuit
U.S. Court of Appeals, 10th Circuit
U.S. Court of Appeals, 11th Circuit
U.S. Court of Appeals, D.C. Circuit
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals for Veterans Claims
U.S. Court of International Trade
U.S. District Court, C.D. of California
U.S. District Court, E.D. of California
U.S. District Court, N.D. of California

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U.S. District Court, S.D. of California
California

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Education

University of Virginia School of Law, J.D., 2000 (Editor-in-Chief, Virginia Journal of Social Policy & the Law)
University of Virginia Graduate College of Arts and Sciences, M.A., 2000
University of California, Davis, B.A., 1997 (with high honors)
Unisex Converse Unisex Adults Converse University of California, Davis, B.S., 1997 (with high honors)

Clerkships

A. Andrew Hauk, U.S. District Court, C.D. of California (2000 - 2001)
Harry Pregerson, U.S. Court of Appeals, 9th Circuit (2003 - 2004)