Richard B. Raile

Associate

Washington, D.C.
T +1.202.861.1711
F +1.202.861.1783

Overview

Richard Raile is a member of the litigation team and focuses his practice on appeals and major motions. He frequently plays the principal role in drafting briefs for his clients, including on dispositive motions, written case submissions in bench trials, and appeals (including merits and motions briefing). He has represented parties and amici curiae at every level of the judiciary, including in merits briefing in the Supreme Court. He also has extensive experience in examining and cross-examining witnesses at trial and in depositions, in preparing briefing on discovery and pre-trial motions, and in preparing litigation strategy. He has obtained discovery from recalcitrant parties, including through contempt proceedings, and obtained evidence abroad through the Hague Convention. His litigation experience runs the gamut, including everything from commercial, civil rights, constitutional, campaign finance, voting rights, labor, and bankruptcy law.

Select Experience

  • Represented Virginia legislative agency in Virginia Supreme Court on appeal regarding issues of first impression under the Virginia Constitution’s Speech or Debate Clause and played principal role in drafting opening and reply briefs. The Virginia Supreme Court unanimously adopted the position stated in those briefs and vacated the lower court’s decision holding the legislative agency in contempt of court.
  • Represented the Virginia House of Delegates in redistricting litigation in a case that reached trial, Supreme Court review, and a second trial on remand. Played the principal role in drafting trial briefing and jurisdictional briefing before the Supreme Court. The Supreme Court partially adopted the Virginia House’s position and remanded for further proceedings. Played integral role at both trials, including examining and cross examining multiple witnesses before three-judge panels.
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Experience

  • Represented Virginia legislative agency in Virginia Supreme Court on appeal regarding issues of first impression under the Virginia Constitution’s Speech or Debate Clause and played principal role in drafting opening and reply briefs. The Virginia Supreme Court unanimously adopted the position stated in those briefs and vacated the lower court’s decision holding the legislative agency in contempt of court.
  • Represented the Virginia House of Delegates in redistricting litigation in a case that reached trial, Supreme Court review, and a second trial on remand. Played the principal role in drafting trial briefing and jurisdictional briefing before the Supreme Court. The Supreme Court partially adopted the Virginia House’s position and remanded for further proceedings. Played integral role at both trials, including examining and cross examining multiple witnesses before three-judge panels.
  • Representing the Virginia House of Delegates in redistricting litigation in the Virginia state court system concerning the Virginia Constitution’s redistricting requirements. Played integral role at trial and prepared pre- trial briefing and briefing to the Virginia Supreme Court on appeal. The Virginia House obtained a complete victory at the trial court level, and the case is currently before the Virginia Supreme Court.
  • Represented the Arizona Secretary of State as an appellee before the Supreme Court in litigation concerning the one-person, one-vote principle in state legislative redistricting. Played the principal role in drafting the opening and reply briefing.
  • Representing employer in appellate litigation regarding issues of first impression under 2006 and 2014 amendments to the Employee Retirement Income Security Act. Played principal role in drafting legal briefs before the federal district court and the federal court of appeals. The case is currently pending.
  • Involved in ongoing litigation alleging breach of Collective Bargaining Agreement. Played integral role in summary judgment briefing, motion in limine briefing, discovery, and trial preparation.
  • Involved in representing multiple parties and amici in a series of cases arising from the Wisconsin gubernatorial and senatorial recall elections in 2011 and 2012 and related campaign finance and corruption investigations. Responsible for developing legal strategy and drafting briefs on dispositive and non-dispositive motions and on appeal in state and federal court, often on an expedited basis. The Wisconsin Supreme Court adopted the legal positions advanced in these briefs and enjoined the investigations.

  • Involved in the ongoing representation of multiple New York City hotels in labor, antitrust and contract litigation related to a complex citywide collective bargaining agreement. Took a lead role in drafting briefings on motions in federal district court and in drafting a merits briefing before the Second Circuit in a related appeal.

  • Assisted in the formulation and drafting of multiple amicus briefs and certiorari petitions in the Supreme Court on behalf of various parties, including in cases involving the scrutiny of racial classification under the Fourteenth Amendment, bankruptcy standing, class action settlements, the Appointments Clause, and Section 1983 litigation and immunity defenses.

  • Formulated and assisted in drafting multiple amicus briefs on behalf of a trade group in litigation before the U.S. Court of Appeals for the Federal Circuit and the Court of Federal Claims in a $100 million case arising from World War II-era government contracts. Has been involved in similar amicus representation in federal appeals courts nationwide.

  • Assisted in formulating and drafting a briefing for the court after a bench trial concerning a complex real estate deal and related breach-of-contract claims.

Recognitions and Memberships

Memberships

  • American Bar Association
  • Virginia Bar Association
  • District of Columbia Bar Association

Pro Bono

  • Performed work on landlord/tenant matters in conjunction with the District of Columbia Bar Association Pro Bono Project.

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. Court of Appeals, Federal Circuit
  • District of Columbia, 2013
  • Virginia, 2012

Education

  • J.D., University of Minnesota Law School, 2012, magna cum laude, Order of the Coif, Dean's List
  • B.A., St. John’s University, 2007, English Literature, magna cum laude, All College Honors, Departmental Distinction, Dean's List