Deepak Gupta (attorney)

Deepak Gupta is an American attorney, known for representing consumers, workers, and other public interest clients in Supreme Court and appellate cases and constitutional, class action and other types of complex litigation. Law360 called him “one of the emerging giants of the appellate and the Supreme Court bar,” a “heavy hitter,” and a “principled” and “incredibly talented lawyer.”[1]

Deepak Gupta
Born1977 (age 42–43)
EducationFordham University (BA)
University of Oxford
Georgetown University (JD)

Gupta is the only lawyer in private practice named to the "Supreme Court shortlist of possible nominees in the next Democratic administration" issued by the progressive organization Demand Justice.[2][3]

Among other causes, Gupta is noted for representing plaintiffs in several cases against President Donald Trump and his administration.[4][5]

Early life and career

Gupta is an alumnus of Georgetown Law, and also studied Sanskrit at the University of Oxford and philosophy at Fordham University.[6] He currently teaches as a Lecturer on Law at Harvard Law School, where he was also a Wasserstein Public Interest Fellow, and is a former Adjunct Professor of Law at Georgetown Law and American University's Washington College of Law. Before entering private practice, he spent two years as a senior official at the Consumer Financial Protection Bureau shortly after it was established under the leadership of Senator Elizabeth Warren. After leaving the CFPB, he established the Washington law firm now known as Gupta Wessler in 2012, which was joined by partner Matthew Wessler in 2015.[4][5] He previously worked for seven years as a staff attorney, director of the Consumer Justice Project, and Supreme Court Fellow at Public Citizen Litigation Group, and before that, as judicial law clerk and an intern at the Voting Rights Section of the United States Department of Justice, the National Prison Project of the American Civil Liberties Union, and Americans United for Separation of Church and State. He is an elected member of the American Law Institute and serves on the boards of several progressive advocacy organizations and academic research institutes, including the policy advisory board of the Biden Institute at the University of Delaware.

Notable cases
  • In 2019, Gupta became the first Asian-American invited by the U.S. Supreme Court to argue as a court-appointed amicus (in support of a judgment left undefended by the U.S. Solicitor General)
  • Gupta leads a class action lawsuit against the U.S. government challenging fees for access to the PACER electronic records system.[7]
  • Gupta successfully represented Governor Steve Bullock of Montana, along with the State of New Jersey, in a lawsuit challenging the Trump Administration's repeal of rules requiring dark-money groups to report donor information.
  • Gupta was retained to lead litigation against President Donald Trump in 2017 based on alleged violations of the Emoluments Clause of the Constitution. He was chosen by Norm Eisen and Richard Painter, who respectively served as White House ethics advisors to the Barack Obama and George W. Bush administrations, in their capacity as counsel for Citizens for Responsibility and Ethics in Washington.[4]
  • Gupta represented the family of a Mexican teenager fatally shot by a U.S. border patrol agent, successfully persuading the United States Supreme Court to reject the officer's hindsight-based immunity defense.
  • In Expressions Hair Design v. Schneiderman, Gupta successfully represented retail merchants before the United States Supreme Court in a First Amendment challenge to law designed to hide the costs of credit cards.[8]
  • Gupta argued the case of AT&T Mobility v. Concepcion for the respondent before the United States Supreme Court. This landmark case concerned the validity of forced arbitration clauses used by companies to suppress group claims of discrimination, harassment, wage theft, deceptive practices, and predatory lending. Gupta is a leading advocate against forced arbitration clauses.[4]
  • Gupta represented Leandra English in her 2017 lawsuit to halt Donald Trump's appointment of Mick Mulvaney as head of the CFPB.[5][9]

References
  1. "Law360 In-Depth". www.law360.com. 2017-11-06. Retrieved 2017-12-05.
  2. "Demand Justice". www.demandjustice.org. 2019-12-19. Retrieved 2019-12-19.
  3. Kim, Seung Min (2019-10-15). "Democratic presidential candidates come under pressure to release Supreme Court picks". Washington Post. Retrieved 2019-12-19.
  4. Weinberger, Evan (2017-11-06). "The 'Damn Good Lawyer' Squaring Off With Trump - Law360". www.law360.com. Retrieved 2017-11-27.
  5. Crampton, Liz (2017-11-28). "Lawyer in CFPB Fight Is Frequent Trump Foe". Bloomberg Law. Retrieved 2017-11-29.
  6. "Deepak Gupta, Appellate Advocate, Principal at Gupta Wessler". guptawessler.com. Retrieved 2017-11-27.
  7. "Electronic filing coming to the Supreme Court". WTNH Connecticut News. 2017-11-11. Retrieved 2017-11-27.
  8. "U.S. top court throws out ruling that upheld N.Y. credit card law". Reuters. 2017-03-29. Retrieved 2020-04-14.
  9. Malloy, Allie. "Showdown over top post at key watchdog agency". CNN. Retrieved 2017-11-27.
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