Jennifer Atkins, Attorney

Her commercial litigation and appellate experience is wide-ranging and includes a variety of industries including aviation, construction, architecture, insurance, energy, telecommunications, food and beverage, broadcasting, biomedical and pharmaceutical, software, and brand consulting.

Jennifer represents clients in intellectual property, unfair competition, and contract disputes, and has represented clients in civil litigations involving copyright, trademark, products liability, discrimination, antitrust, consumer protection issues, and constitutional challenges.

Jennifer also counsels clients regarding their contractual relationships and obligations as well as their obligations under a variety of federal statutes and regulations. She is particularly interested in the intersection between intellectual property and antitrust laws and the policy and practical implications of the application of existing legal frameworks to new technologies.

With her background as an appellate clerk and student of public policy, Jennifer brings a strategic focus to her litigation and counseling practice. Previously, Jennifer was a partner in the Washington, DC office of Kirkland & Ellis LLP.

Jennifer’s pro bono work includes litigation relating to the operation of international treaties, immigration regulations, and criminal sentencing guidelines. She is also Chairwoman of the Parks and Recreation Commission for the City of Alexandria, Virginia.

Practice Areas

  • Appellate Litigation
  • Civil Litigation
  • Antitrust
  • Copyright
  • Trademark
  • Health Care
  • Products Liability

Representative Experiences

  • On behalf of a coalition of wineries, successfully challenged in federal appellate courts and ultimately the U.S. Supreme Court the constitutionality of discriminatory state statutes prohibiting interstate shipment of wine.
  • Obtained appellate victory for telecommunications client in consolidated appeals addressing the Ohio Public Utility Commission’s authority to deregulate the cellular telecommunications market.
  • Obtained appellate victory for telecommunications client in consolidated appeals addressing the statute of limitations applicable to treble-damages actions under Ohio public utility law.
  • Successfully defended in the United States Court of Appeals for the Third Circuit arbitration and district court victories of insurance company client in a matter involving complex jurisdictional issues.
  • Counsel for beverage bottling company in successful appeal to the Texas Supreme Court of a lower court’s extraterritorial application of state antitrust laws.
  • Obtained summary judgment victory in federal court for insurance company client in putative class action alleging discrimination and violation of various federal statutes.
  • Obtained summary judgment victory in federal court on behalf of pharmaceutical manufacturer in class action and opt-out litigation related to ciprofloxacin.
  • Obtained arbitration victory on behalf of energy company in breach of contract litigation related to coal supply and power purchase agreements.
  • Counsel for pharmaceutical companies in complex multidistrict commercial litigation involving more than 20 cases brought by state Attorneys General alleging Medicaid/Medicare fraud and unfair competition based on purported inflation of published drug prices (AWP/WAC).
  • Counsel for insurance companies in case alleging race discrimination, insurance code violations, and breach of contract in Texas.
  • Counsel for pharmaceutical manufacturer and medical products distributors in major product liability litigation related to anesthetics.
  • Counsel for pharmaceutical manufacturer in product liability litigation related to TNF inhibitors.
  • Counsel for national broadcasters in a variety of contract and employment disputes.
  • Counsel for health care provider, insurance company, and an information technology company in various unrelated Fair Credit Report Act actions.
  • Counsel for builder and developers in architectural copyright dispute, and obtained summary judgment of noninfringement and attorneys fees award.
  • Obtained favorable settlement for information technology services company in contract and copyright dispute relating to government services.
  • Obtained favorable settlement for private aviation company in trademark dispute.

Bar & Court Admissions

  • Virginia
  • District of Columbia
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Eastern District of Wisconsin

Education

  • George Mason University School of Law
    J.D., summa cum laude
  • Rutgers University, Eagleton Institute of Politics,
    M.S., Public Policy
  • The Colorado College
    B.A., International Political Economy, cum laude

Judicial Clerkships & Internships

Jennifer clerked for the Honorable E. Grady Jolly in the United States Court of Appeals for the Fifth Circuit.