Rapawy G. Gregory

Gregory G. Rapawy

Education

  • Harvard Law School, J.D., magna cum laude, 2001
    • Articles Chair, Harvard Law Review, 2000-2001
  • Harvard University, John F. Kennedy School of Government, M.P.P., 2001
  • Stanford University, A.B., with honors and distinction, 1997

Clerkships

  • Law Clerk, Justice David H. Souter, U.S. Supreme Court, 2003-2004
  • Bristow Fellow, U.S. Department of Justice, Office of the Solicitor General, 2002-2003
  • Law Clerk, Judge Sandra L. Lynch, U.S. Court of Appeals, First Circuit, 2001-2002

Admitted

  • 2002, Massachusetts
  • 2005, District of Columbia
  • 2010, Supreme Court of the US

Gregory G. Rapawy handles cases at all levels of the federal judicial system. He is a versatile and experienced litigator with a strong track record of success across a range of subject matters such as administrative law, antitrust, intellectual property, securities, sovereign immunity, and telecommunications.

Greg is skilled in developing legal strategies, writing legal briefs, presenting oral arguments, and providing legal counsel on statutory and regulatory compliance.  He has an active Supreme Court practice.  As one example, he successfully argued before the Supreme Court for the respondent in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 599 U.S. 382 (2023), which held that Native American tribes and tribally owned business entities are not immune from federal bankruptcy jurisdiction.  As another, he successfully argued for the petitioner in Liu v. SEC, 140 S. Ct. 1936 (2020), which recognized equitable limits on the Securities and Exchange Commission’s ability to seek disgorgement for securities-law violations.

Greg has handled appeals in 12 of the 13 federal Circuits as well as several state supreme courts, and is experienced in multi-district and other complex district court litigation.  His current active cases include complex litigation for and against foreign and tribal sovereigns, defense of a federal securities enforcement action asserting regulatory authority over digital-asset transactions, and an appeal supporting the dismissal of a bankruptcy case for lack of good faith. 

Greg also has advocated pro bono for nonprofit organizations working for sentencing reform and environmental protection, law professors supporting health care reform and financial stability regulation, and individual criminal defendants and benefits claimants.

Representative Experience

Supreme Court Cases – Party Representations
  • Lac du Flambeau Band v. Coughlin, 599 U.S. 382 (2023) – Briefed, argued, and prevailed on question of tribal immunity from federal bankruptcy jurisdiction.
  • Liu v. SEC, 140 S. Ct. 1936 (2020) – Briefed, argued, and obtained favorable ruling imposing limits on SEC authority to seek monetary disgorgement and vacating disgorgement award.
  • Apple Inc. v. Pepper, 139 S. Ct. 1514 (2019) – Briefed and prevailed on smartphone app purchasers’ ability to bring federal antitrust claims against phone maker.
  • Limelight Networks, Inc. v. Akamai Technologies, Inc., 572 U.S. 915 (2014) – Briefed and prevailed on scope of secondary liability for patent infringement.
  • Pacific Operators Offshore, LLP v. Valladolid, 565 U.S. 207 (2012) – Briefed and prevailed on availability of compensation and benefits for spouse of deceased offshore worker.
Supreme Court Experience – Amici Curiae Representations
  • National Pork Producers Council v. Ross, 598 U.S. 356 (2023) – On behalf of veterinarians and researchers, supported successful defense of ban on inhumane pork production practices.
  • Burrage v. United States, 571 U.S. 204 (2014) – On behalf of sentencing reform advocates, supported successful appeal narrowing mandatory minimum sentencing statute.
  • Alleyne v. United States, 570 U.S. 99 (2013) – On behalf of sentencing reform advocates, supported successful constitutional challenge to mandatory minimum sentencing practices.
Other Noteworthy Appellate Representations
  • In re LTL Management, LLC, 64 F.4th 84 (3d Cir. 2023) – Obtained reversal of decision permitting corporate reorganization to block claims of cancer victims.
  • Coughlin v. Lac du Flambeau Band, 33 F.4th 600 (1st Cir. 2022) – Obtained reversal of decision on tribal sovereign immunity; later successfully defended in Supreme Court.
  • NCUA v. Jurcevic, 867 F.3d 616 (6th Cir. 2017) – Obtained ruling permitting federal credit union regulator to pursue claims for fraud and related misconduct.
  • In re Magnesium Corp. of America, 682 F. App’x 24 (2d Cir. 2017) – Obtained affirmance of $200 million fraudulent-conveyance verdict against former owner of magnesium producer.
  • Kleen Products LLC v. International Paper Co., 831 F.3d 919 (7th Cir. 2016) – Obtained affirmance of class certification in price-fixing case against containerboard manufacturers.
Noteworthy District Court Representations
  • SEC v. Ripple Labs Inc., No. 1:20-cv-10832 (S.D.N.Y.) – Ongoing case; defending SEC enforcement action for offering and sale of digital currency as alleged unregistered security.
  • In re Bank of New York Mellon Corp. Forex Transactions Litigation, No. 1:12-md-2335 (S.D.N.Y.) – Defended multi-district litigation against global financial services provider.
  • In re Cathode Ray Tube Antitrust Litigation, No. 4:07-cv-05944 (N.D. Cal.) – Ongoing case; challenging unlawful price-fixing by global cartel of display makers.

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