Gupta Wessler LLP

The National Law Journal has a new profile of Gupta Wessler’s plaintiff-side Supreme Court and appellate practice: “Since 2012, Gupta Wessler has become a mainstay of the Supreme Court bar, and has continued to rack up victories on behalf of consumers and workers even after the court was transformed with the addition of three conservative Trump appointees. … The plaintiff’s boutique had three cases before the court during the October 2023 term, prevailing in two of those. … The firm’s three appearances at the lectern this term, two by Taylor and one by Bennett, put it in the top six most frequent arguments by a single firm. The coming October 2024 team is also shaping up to be another high-profile session for the firm, with Gupta himself expecting to make a return to the high court lectern in two cases.”

It's been an exciting past few months for our little firm. I had the privilege of arguing two of our three U.S. Supreme Court cases this term, and to have been there in person to cheer on my colleague Jenn Bennett for our third.

"Emerging Plaintiffs Bar Closes Supreme Court Representation Gap," Bloomberg Law, Feb. 28, 2024: Two Gupta Wessler attorneys took the U.S. Supreme Court lectern in February, adding to the growing number of arguments for the plaintiff-side boutique that now boasts six attorneys with high court experience. The firm is part of an emerging plaintiffs’ bar at the court that arose to fix the imbalance between representation for individuals versus big companies, and has achieved notable success even on a court dominated by conservatives. … [T]he disproportion is the result of an insular Supreme Court bar dominated by large law firms that are often conflicted out of going against corporations. The two cases argued by Gupta Wessler’s Jennifer Bennett and Jonathan Taylor perfectly illustrate the effort to bring plaintiffs’ representation up to par with those of big business. The firm, founded in 2012, was set up to represent only “consumers, workers, and rabble rousers,” said founder Deepak Gupta … The firm and its success shows that “it is possible to have this model and be sustainable,” Gupta said. Bennett made her third high court argument Feb. 20 in Bissonnette v. LePage Bakeries Park St., LLC representing workers in a wage-and-hour suit against Flowers Foods, the company behind Wonder Bread and other baked goods. That’s the third in a trio of arbitration cases that started off with Bennett’s first argument at the Supreme Court. The unanimous ruling in 2018 in New Prime Inc. v. Oliveira was the first win for a party challenging arbitration after more than a decade of unbroken decisions for robust enforcement of arbitration provisions. Taylor made his second Supreme Court appearance on Feb. 27, in Cantero v. Bank of America. Taylor represents borrowers in a preemption suit against the financial giant. It’s not “the sexiest of issues, but it can have a real impact on people’s daily lives,” Taylor said. “And that’s the kind of work that the firm was founded to do.” Even before the current 6-3 conservative majority court, attorneys arguing on behalf of individuals suing large companies have been able to translate their arguments to wins. Gupta Wessler and other plaintiff-side attorneys are playing catch up with large companies that long ago recognized the benefits of having a high court specialist argue on their behalf. Justices have lamented the lack of specialized counsel, particularly for individuals. “I can’t tell you how often I’ll look at Neil Gorsuch and I’ll send him a note and say, ‘I want to kill that lawyer,’ because he or she didn’t give up that case,” Justice Sonia Sotomayor said at a Jan. 29 event at the University of California, Berkeley School of Law. By “the time you come to the Supreme Court, it’s not about your client anymore,” Sotomayor said. “It’s about how that legal issue will affect the development of law.”

We’re looking for star advocates at any level who have demonstrated exceptional writing and editing skills, the capacity to think rigorously and creatively about the law, strong advocacy instincts, collaborative spirit, and a genuine passion for public interest work. Please spread the word!

Senior Attorney – Supreme Court, Appellate & Complex Litigation (Washington, DC or San Francisco) About Us: Gupta Wessler LLP is a small, one-of-a-kind law firm specializing in Supreme Court, appellate, and complex litigation on behalf of plaintiffs and public interest clients. Our cases span a wide range of issues, including consumers’ and workers’ rights, class actions, access to the courts, civil rights, and constitutional and administrative law. We are go-to appellate advocates for trial lawyers nationwide, serving as a counterweight to the corporate dominance of the Supreme Court and appellate bar. In addition, the firm’s lawyers run the Supreme Court Litigation Clinic at Harvard Law School. Through all of our efforts, we aim to help shape the law in ways that enhance justice and improve people’s lives. About the Position: Gupta Wessler seeks a senior attorney with appellate litigation experience to join our small, collegial team. The ideal candidate has a minimum of five years of experience in appellate litigation (including clerkships). We are open to considering candidates along a wide spectrum of Supreme Court and appellate practice experience, including those with decades of relevant experience. We’re looking for star advocates at any level who have demonstrated exceptional writing and editing skills, the capacity to think rigorously and creatively about the law, strong advocacy instincts, collaborative spirit, and a genuine passion for public interest work. Experience successfully managing and mentoring junior lawyers and staff is preferred, as is an entrepreneurial bent. Familiarity with plaintiff-side advocacy and complex civil litigation is also preferred but not required. The position can be located in either our Washington, DC or San Francisco office. How to Apply: We are only accepting applications sent to [email protected]. Please send a cover letter, resume, multiple writing samples, and three references to [email protected]. You may include a document with hyperlinks to recordings of your oral arguments, if any, and sample briefs for which you were principally responsible. Applications will be accepted on a rolling basis and reviewed immediately. Please do not apply over LinkedIn. No telephone inquiries, please. If you have any questions, you may reach out to Mahek Ahmad at [email protected].

Senior Attorney – Supreme Court, Appellate & Complex Litigation (Washington, DC or San Francisco) About Us: Gupta Wessler LLP is a small, one-of-a-kind law firm specializing in Supreme Court, appellate, and complex litigation on behalf of plaintiffs and public interest clients. Our cases span a wide range of issues, including consumers’ and workers’ rights, class actions, access to the courts, civil rights, and constitutional and administrative law. We are go-to appellate advocates for trial lawyers nationwide, serving as a counterweight to the corporate dominance of the Supreme Court and appellate bar. In addition, the firm’s lawyers run the Supreme Court Litigation Clinic at Harvard Law School. Through all of our efforts, we aim to help shape the law in ways that enhance justice and improve people’s lives. About the Position: Gupta Wessler seeks a senior attorney with appellate litigation experience to join our small, collegial team. The ideal candidate has a minimum of five years of experience in appellate litigation (including clerkships). We are open to considering candidates along a wide spectrum of Supreme Court and appellate practice experience, including those with decades of relevant experience. We’re looking for star advocates at any level who have demonstrated exceptional writing and editing skills, the capacity to think rigorously and creatively about the law, strong advocacy instincts, collaborative spirit, and a genuine passion for public interest work. Experience successfully managing and mentoring junior lawyers and staff is preferred, as is an entrepreneurial bent. Familiarity with plaintiff-side advocacy and complex civil litigation is also preferred but not required. The position can be located in either our Washington, DC or San Francisco office. How to Apply: We are only accepting applications sent to [email protected]. Please send a cover letter, resume, multiple writing samples, and three references to [email protected]. You may include a document with hyperlinks to recordings of your oral arguments, if any, and sample briefs for which you were principally responsible. Applications will be accepted on a rolling basis and reviewed immediately. Please do not apply over LinkedIn. No telephone inquiries, please. If you have any questions, you may reach out to Mahek Ahmad at [email protected].

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"Emerging Plaintiffs Bar Closes Supreme Court Representation Gap," Bloomberg Law, Feb. 28, 2024: Two Gupta Wessler attorneys took the U.S. Supreme Court lectern in February, adding to the growing number of arguments for the plaintiff-side boutique that now boasts six attorneys with high court experience. The firm is part of an emerging plaintiffs’ bar at the court that arose to fix the imbalance between representation for individuals versus big companies, and has achieved notable success even on a court dominated by conservatives. … [T]he disproportion is the result of an insular Supreme Court bar dominated by large law firms that are often conflicted out of going against corporations. The two cases argued by Gupta Wessler’s Jennifer Bennett and Jonathan Taylor perfectly illustrate the effort to bring plaintiffs’ representation up to par with those of big business. The firm, founded in 2012, was set up to represent only “consumers, workers, and rabble rousers,” said founder Deepak Gupta … The firm and its success shows that “it is possible to have this model and be sustainable,” Gupta said. Bennett made her third high court argument Feb. 20 in Bissonnette v. LePage Bakeries Park St., LLC representing workers in a wage-and-hour suit against Flowers Foods, the company behind Wonder Bread and other baked goods. That’s the third in a trio of arbitration cases that started off with Bennett’s first argument at the Supreme Court. The unanimous ruling in 2018 in New Prime Inc. v. Oliveira was the first win for a party challenging arbitration after more than a decade of unbroken decisions for robust enforcement of arbitration provisions. Taylor made his second Supreme Court appearance on Feb. 27, in Cantero v. Bank of America. Taylor represents borrowers in a preemption suit against the financial giant. It’s not “the sexiest of issues, but it can have a real impact on people’s daily lives,” Taylor said. “And that’s the kind of work that the firm was founded to do.” Even before the current 6-3 conservative majority court, attorneys arguing on behalf of individuals suing large companies have been able to translate their arguments to wins. Gupta Wessler and other plaintiff-side attorneys are playing catch up with large companies that long ago recognized the benefits of having a high court specialist argue on their behalf. Justices have lamented the lack of specialized counsel, particularly for individuals. “I can’t tell you how often I’ll look at Neil Gorsuch and I’ll send him a note and say, ‘I want to kill that lawyer,’ because he or she didn’t give up that case,” Justice Sonia Sotomayor said at a Jan. 29 event at the University of California, Berkeley School of Law. By “the time you come to the Supreme Court, it’s not about your client anymore,” Sotomayor said. “It’s about how that legal issue will affect the development of law.”

The team from Gupta Wessler on the courthouse steps this week for one of our three U.S. Supreme Court arguments this term! Jennifer Bennett (center) argued on behalf of workers fighting forced arbitration in Bissonnette v. LePage Bakeries. We'll be back at the Supreme Court again exactly one week later for Jon Taylor's argument on behalf of consumers challenging federal preemption of state consumer-protection law in Cantero v. Bank of America.