Michael Weisbuch, Associate, Appellate

Michael Weisbuch

Associate

Areas of Focus

Michael Weisbuch, Associate, Appellate

Michael Weisbuch

Associate

mweisbuch@akingump.com

Areas of Focus

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Biography
  • Practice focuses on federal and state appellate litigation, including in the U.S. Supreme Court, the federal courts of appeals, and California appellate courts.
  • Clerked for the Honorable Charles R. Breyer of the U.S. District Court for the Northern District of California and the Honorable Sandra S. Ikuta of the U.S. Court of Appeals for the Ninth Circuit.

As a member of the Supreme Court and appellate practice, Mike represents clients in federal and state appellate courts. He also works with clients at the trial level, helping them develop and preserve key legal arguments.

Prior to joining Akin, Mike served as a law clerk for the Honorable Charles R. Breyer of the U.S. District Court for the Northern District of California. Mike also previously clerked for the Honorable Sandra S. Ikuta of the U.S. Court of Appeals for the Ninth Circuit.

Mike received his J.D. from the University of Virginia School of Law. He graduated Order of the Coif, received the John M. Olin Prize in Law and Economics, served as an online editor for the Virginia Law Review, and was a member of the Supreme Court Litigation Clinic. Mike received his B.A. from Columbia University.

Representative Work
  • Argued and won an appeal raising multiple issues under the federal Fair Labor Standards Act and California labor law on behalf of a private security company. (9th Cir. 2023).
  • Successfully defended a Federal Communications Commission (FCC) satellite license approval on behalf of a major aerospace company. (D.C. Cir. 2024). 
  • Obtained a preliminary injunction halting a federal agency’s enforcement action against a major company by persuading the court that the proceedings violated the Appointments Clause of the U.S. Constitution. 
  • Successfully represented a major sports league’s retirement plan in an ERISA appeal. Obtained complete reversal of the district court’s adverse decision and defeated a petition for rehearing en banc. (5th Cir. 2023).
  • Persuaded the U.S. Supreme Court to deny a petition for certiorari challenging a city’s practice of chalking tires for parking enforcement purposes under the Fourth Amendment. (S. Ct. 2023).
  • Prevailed on all issues in a cross-appeal regarding ERISA withdrawal liability on behalf of an employer. (9th Cir. 2022).
  • Persuaded the Ninth Circuit to affirm an order granting a national retailer’s motion to compel arbitration in a case seeking to upend the standard for analyzing waiver of the right to compel arbitration. (9th Cir. 2023). 
  • Represented the Lac du Flambeau Band of Lake Superior Chippewa Indians before the U.S. Supreme Court in a case concerning tribal sovereign immunity. (S. Ct. 2023).
  • Represented a local government before the U.S. Supreme Court in a property-rights case with significant national implications for land-use planning. (S. Ct. 2024).
  • Represented a civil detainee before the U.S. Supreme Court in a challenge to indefinite detention. (S. Ct. 2022).
  • Representing the Horseracing Integrity and Safety Authority in various constitutional and administrative challenges relating to the Horseracing Integrity and Safety Act.

Education
  • J.D., University of Virginia School of Law, 2019

  • B.A., Columbia University, 2011

Clerkships
  • U.S.C.A., 9th Circuit

  • U.S.D.C., Northern District of California

Bar Admissions
  • California

  • District of Columbia

Insights and Achievements

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