William Perdue focuses his practice on appellate and trial-court cases that raise novel and complex questions of law. A skilled brief writer, oral advocate, and counselor, Mr. Perdue is known for his attention to detail, analytical rigor, and strategic judgment. Clients value Mr. Perdue’s understanding of their business goals and his ability to weave facts and arguments into compelling narratives that are comprehensible and convincing to generalist judges.

Mr. Perdue has applied his rigorous style of advocacy to appellate and trial-court proceedings in federal and state courts nationwide in cases involving a wide range of issues. He has extensive experience in insurance litigation, including D&O insurance, professional liability insurance, and fidelity bonds, and he has represented clients on issues relating to the First Amendment, administrative law, intellectual property, environmental regulation, pharmaceutical regulation, product liability, preemption, RICO, personal jurisdiction, and foreign sovereign immunity.

Mr. Perdue has been recognized as “One to Watch” in appellate practice by Best Lawyers. Prior to joining the firm, Mr. Perdue served as a law clerk to the Honorable Anthony M. Kennedy of the United States Supreme Court, the Honorable Robert A. Katzmann of the United States Court of Appeals for the Second Circuit, and the Honorable Jed S. Rakoff of the United States District Court for the Southern District of New York.

Mr. Perdue is a graduate of Yale Law School, where he served as Co-Editor-in-Chief of the Yale Journal of International Law was awarded the Thomas I. Emerson Prize for best paper on a subject related to legislation and the Benjamin N. Cardozo Prize for best moot court brief.

Experience

  • Medical device company in a successful appeal to the US Supreme Court regarding the doctrine of assignor estoppel in patent law. Minerva Surgical, Inc. v. Hologic, Inc., 141 S. Ct. 2298 (2021).
  • Insurance company in three successful appeals to the Delaware Supreme Court regarding the scope of coverage provided to public companies under directors-and-officers insurance policies. Jarden LLC v. ACE American Insurance Co., 273 A.3d 752 (Del. 2022) (en banc) (order); In re Solera Insurance Coverage Appeals, 240 A.3d 1121 (Del. 2020) (en banc); In re Verizon Insurance Coverage Appeals, 222 A.3d 566 (Del. 2019).
  • Nonprofit organization in a successful appeal to the Ninth Circuit regarding a multi-million jury verdict involving issues under the First Amendment, RICO, and state and federal wiretapping statutes, as well as common-law claims for fraud, trespass, and breach of contract. Planned Parenthood Federation of America, Inc. v. Newman, -- F.4th --, 2022 WL 12234037 (9th Cir. 2022); Planned Parenthood Federation of America, Inc. v. Newman, 2022 WL 13613963 (9th Cir. Oct. 21, 2022).
  • Pharmaceutical manufacturers in a successful challenge to a CMS and HHS rule under Medicaid regarding co-pay accumulator programs and financial assistance to patients. Pharmaceutical Research & Manufacturers of America v. Becerra, 2022 WL 1551924, at *1 (D.D.C. May 17, 2022).
  • Nonprofit organization in a successful appeal to the Second Circuit dismissing defamation claim. Daleiden v. Planned Parenthood Federation of America, 2022 WL 1013982 (2d Cir. Apr. 5, 2022).
  • Oil company in a successful appeal to the Fifth Circuit regarding insurance and indemnification rights related to an oil spill. O'Brien's Response Management, L.L.C. v. BP Exploration & Production, Inc., 24 F.4th 422 (5th Cir. 2022).
  • Biofuels producers in an appeal to DC Circuit defending an EPA rule regarding the ethanol content of motor vehicle fuel. American Fuel & Petrochemical Manufacturers v. EPA, 3 F.4th 373 (DC Cir. 2021).
  • Pharmaceutical manufacturer in a successful appeal to the Delaware Supreme Court in a major breach-of-contract dispute regarding the implied covenant of good faith and fair dealing. Glaxo Grp. Ltd v. DRIT LP, 248 A.3d 911 (Del. 2021).
  • Pharmaceutical manufacturers in a successful challenge to a CMS rule overhauling drug pricing under Medicare Part B. Association of Community Cancer Centers v. Azar, 2020 WL 7640818 (D. Md. Dec. 23, 2020).
  • Restaurant brand in a successful appeal to the Second Circuit of a consumer class action raising novel issues of personal jurisdiction and false advertising law. Chen v. Dunkin’ Brands Inc., 914 F.3d 492 (2d Cir. 2020).
  • Ethanol producer in appeals to the DC Circuit and Eighth Circuit challenging EPA’s denial of a registration application under the Renewable Fuel Standard (RFS) program. POET Biorefining - Hudson, LLC v. EPA, 971 F.3d 802 (8th Cir. 2020); POET Biorefining, LLC v. EPA, 970 F.3d 392, 397 (DC Cir. 2020).
  • Property developer in successful appeal to the DC Court of Appeals regarding the application of historic preservation law to a major redevelopment project. DC Preservation League v. Mayor’s Agent for Historic Preservation, 236 A.3d 373 (DC 2020).
  • Challengers in successful voting rights litigation to redraw North Carolina’s state legislative and congressional maps under state law. Common Cause v. Lewis, 2019 WL 4569584 (NC Super. Sep. 03, 2019); Harper v. Lewis, No. 19-cvs-012667 (NC Super. Ct.).
  • Oil company in a successful appeal to the Fifth Circuit arguing that professional athlete was not harmed by oil spill. BP Exploration & Production, Inc. v. Claimant Id 100281817, 919 F.3d 284, 286 (5th Cir. 2019).
  • Pharmaceutical manufacturer in a successful appeal to the Seventh Circuit arguing that a plaintiff’s tort claims for failure to warn were preempted by the Federal Food, Drug & Cosmetic Act. Dolin v. GlaxoSmithKline LLC, 901 F.3d 803, 805 (7th Cir. 2018).
  • Hospital system in an appeal to preserve a pension plan's eligibility for the "church plan" exemption to the Employee Retirement Income Security Act (ERISA). Rollins v. Dignity Health, 830 F.3d 900 (9th Cir. 2016), rev’d, Advocate Health Care Network v. Stapleton, 137 S. Ct. 1652 (2017).
  • Pharmaceutical manufacturer in an appeal in antitrust litigation brought by the Attorney General of New York. New York ex rel. Schneiderman v. Actavis PLC, 787 F.3d 638 (2d Cir. 2015).
  • Banking executive in a successful appeal to the DC Circuit from administrative actions by the Office of the Comptroller of the Currency and the Federal Reserve Board. DeNaples v. Office of the Comptroller of the Currency, 706 F.3d 481 (DC Cir. 2013).
  • Pharmaceutical manufacturers in an appeal to DC Circuit challenging price caps imposed by the Department of Defense. Coalition for Common Sense in Government Procurement v. United States, 707 F.3d 311 (DC Cir. 2013).
  • Pharmaceutical manufacturer in an appeal regarding a grand jury investigation regarding off-label marketing. In re: Grand Jury Matter, Case No. 11-2679 (3d Cir.).

Perspectives

Recognition

Best Lawyers
"Ones to Watch"—Appellate Practice (2023)
The Legal 500 US
Appellate: Courts of Appeals / Appellate: Supreme Courts (States and Federal) (2021–2022)

Credentials

Education
  • JD, Yale Law School, 2011
  • BA, Yale College, 2007, summa cum laude, Phi Beta Kappa
Admissions
  • District of Columbia
  • New York
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Eleventh Circuit
Clerkships
  • Supreme Court of the United States, The Honorable Anthony M. Kennedy
  • The Honorable Robert A. Katzmann
  • US District Court, Southern District of New York, The Honorable Jed S. Rakoff
Overview

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