Photo of Neal Katyal

Neal Katyal

Partner, Milbank

202-835-7505nkatyal@milbank.com

1101 New York Avenue NW
Washington, DC US 20005

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Neal Katyal, the former Acting Solicitor General of the United States, focuses on appellate and complex litigation. He has argued over 50 cases before the Supreme Court of the United States.

Most recently, Katyal secured a 6-3 ruling at the Supreme Court over President Trump's use of emergency powers to impose tariffs, in a major win for plaintiffs.

He has extensive experience in matters of antitrust, corporate, constitutional, securities, technology, criminal, patent, copyright, trademark, ERISA, products liability, labor, employment and tribal law. In the 2022-23 Supreme Court term, he argued five separate cases (nearly 10% of the docket), including winning the landmark voting case Moore v. Harper, which Judge Michael Luttig described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.” Judge Luttig also said Katyal’s argument “was the single best oral argument I have ever heard made in the Supreme Court of the United States.” His cases include successfully striking down the Guantanamo military tribunals, successfully defending the constitutionality of the Voting Rights Act and successfully defending the Peace Cross in Maryland. His 2017 win in Bristol Myers Squibb v. Superior Court was a landmark victory for personal jurisdiction law and his 2006 win in Hamdan v. Rumsfeld was described by former Acting Solicitor General Walter Dellinger as “simply the most important decision on presidential power and the rule of law ever. Ever.”

Lawdragon Honors

Honor Year Practice
The 2026 Lawdragon 500 Leading Lawyers in America 2026 Litigation, esp. Supreme Court
The 2026 Lawdragon 500 Leading Litigators in America 2026 Appellate, inc. Supreme Court
The 2025 Lawdragon 500 Leading Lawyers in America 2025 Litigation, esp. Supreme Court
The 2025 Lawdragon 500 Leading Litigators in America 2025 Appellate, inc. Supreme Court
The 2024 Lawdragon 500 Leading Lawyers in America 2024 Litigation, esp Supreme Court
The 2024 Lawdragon 500 Leading Litigators in America 2024 Appellate, inc. Supreme Court
The 2023 Lawdragon 500 Leading Lawyers in America 2023 Litigation, esp. Supreme Court
The 2022 Lawdragon 500 Leading Lawyers in America 2022 Litigation, esp Supreme Court
Lawdragon 500 Leading Litigators in America 2022 Appellate, inc. Supreme Court
The 2021 Lawdragon 500 Leading Lawyers in America 2021 Litigation, esp. Supreme Court
The 2020 Lawdragon 500 Leading Lawyers in America 2020 Litigation, esp. Supreme Court
The 2019 Lawdragon 500 Leading Lawyers in America 2019 Litigation, esp. Supreme Court
The 2018 Lawdragon 500 Leading Lawyers in America 2018 Litigation, esp. Supreme Court
The 2017 Lawdragon 500 Leading Lawyers in America 2017 Litigation, esp. Supreme Court
The 2016 Legends of the 500 2016
The 2016 Lawdragon 500 Leading Lawyers in America 2016 Litigation, esp. Supreme Court
The 2014-15 Lawdragon 500 Leading Lawyers 2014-2015 Litigation, esp. Supreme Court
The 2013 Lawdragon 500 Leading Lawyers 2013 Litigation
The 2012 Lawdragon 500 Leading Lawyers 2012 Litigation

From 2010 to 2011, Katyal served as Acting Solicitor General of the United States, where he argued several major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against eight states who sued the nation's leading power plants for contributing to global warming, and a variety of other matters. As Acting Solicitor General, he was responsible for representing the federal government of the United States in all appellate matters before the US Supreme Court and the Courts of Appeals throughout the nation. He served as Counsel of Record hundreds of times in the US Supreme Court. He was also the only head of the Solicitor General's office to argue a case in the US Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.

After graduating from Yale Law School, Katyal clerked for The Honorable Guido Calabresi of the US Court of Appeals for the Second Circuit as well as for The Honorable Justice Stephen G. Breyer of the US Supreme Court. He also served in the Deputy Attorney General's Office at the Justice Department as National Security Advisor and as Special Assistant to the Deputy Attorney General during 1998-1999.

Katyal is a best-selling New York Times author and has published dozens of scholarly articles in law journals (including several in the Harvard Law Review and Yale Law Journal), as well as many op-ed articles in publications such as the New York Times and the Washington Post. He has testified numerous times before various committees of both the US House of Representatives and the US Senate.