Andrew has been recognized in Best Lawyers: Ones to Watch (2023-2025) for appellate practice, and was named a Rising Star in Supreme Court and appellate litigation by The Legal 500 (2022). He has also been featured in the 2021-2024 editions of The Legal 500, with clients praising his “big-picture thinking” and “sophisticated view on how the executive branch operates.”

Andrew co-directs Yale Law School’s Supreme Court Advocacy Clinic, working with the next generation of leading lawyers to litigate cases pro bono before the Court. Prior to joining the firm, Andrew served as a law clerk to the Honorable Kim McLane Wardlaw on the US Court of Appeals for the Ninth Circuit. While in law school, he was a forum editor of the Yale Law Journal.

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• Working through the Yale Supreme Court Advocacy Clinic, successfully petitioned for certiorari and won reversal in the Supreme Court on behalf of a pro bono immigration client, expanding federal court jurisdiction over agency decisions
• In a major ANDA appeal in the Federal Circuit, obtained reversal of a district court’s sua sponte invalidation of certain patent claims
• In the US District Court for the District of Columbia, secured vacatur of an HHS regulation that had authorized harmful insurance practices
• Argued and won a qualified immunity appeal in the Eighth Circuit for an incarcerated pro bono client
• In the US District Court for the Western District of Texas, invalidated the SEC’s unlawful attempt to rescind regulations without undergoing notice and comment rulemaking
• Argued and won a Section 1983 appeal in the Fifth Circuit in a high-profile case of police brutality
• In the California Court of Appeal, obtained reversal of adverse summary judgment decisions in a long-running employment class action
• Helped secure Supreme Court victory in a case that significantly narrowed the administrative law doctrine of Auer deference to agency interpretations

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In the tax equity space, Seth has acted for Sponsors and Tax Equity Investors in nearly 3 gigawatts of tax equity investments for solar, wind, and hybrid energy storage projects throughout the United States. He has represented either the purchaser or the seller in build-transfer agreements relating to over 3 gigawatts of solar, wind and battery storage capacity in regulated and unregulated spaces.

Prior to joining the firm, he worked in-house at one of the largest Southern California utility companies. There, he gained experience drafting and negotiating a variety of power procurement agreements and valuable insights about utility customers.

While in law school, Seth was a senior editor for the Southern California Law Review.

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• Represented the purchaser in the simultaneous purchase of an operational solar farm and a nearly-construction ready energy storage project in Texas
• Represented a developer in the negotiation of a zinc battery system long-term service and warranty agreement and the tax equity commitment for the hybrid solar-zinc battery storage Project
• Represented the sponsor in the negotiation of a power purchase agreement, module supply agreement, EPC contract, O&M Agreement and tax equity commitments relating to a 400 MW solar project in Indiana
• Represented a global financial institution in the sale of its tax equity interest in a solar and a wind farm to separate investors
• Represented Algonquin Power & Utilities in the acquisition of a 51% interest in four wind farms totally 845 MW of capacity from RWE
• Represented a developer in the partial sale of its ownership interest in two operational wind farms
• Represented a prominent sponsor and its affiliated companies in the negotiation and documentation of a construction loan facility and a letter of credit facility needed for the development of an Illinois-based 259.8-megawatt wind project
• Represented multiple sponsors and utilities in a wide variety of power purchase agreements, including for energy, capacity, demand response, energy efficiency and distribution deferral products obtained from conventional, renewable and energy storage technologies for both the “in-front-of-the-meter” and “behind-the-meter” projects
• Represented various sponsors in the closing of construction financing and tax equity commitments relating to 1.2 gigawatt of wind energy capacity for projects located in Texas, California, New York and Indiana
• Represented either the purchaser or the seller in a number of build-transfer agreements relating to approximately 2 gigawatts of solar, wind and battery storage capacity, including representation of a utility in receiving a tax equity commitment for a wind project which was to be rate-based once the purchase was completed
• Represented the purchaser in the acquisition of three construction-ready Texas utility scale solar projects totaling 255 megawatts of capacity
• Represented the purchaser in the acquisition of a variety of development-stage wind and solar projects
• Represented the developer in the execution of a co-development agreement with a Fortune 100 company
• Represented the tax equity investor in the financing of a portfolio of small commercial solar facilities
• Represented the purchaser in the acquisition and associated development agreement of 32 small school-site solar projects
• Represented a utility in the negotiation of a variety of supply chain procurement contracts*
• Represented a California utility in a Public Utilities Commission stakeholder workshop process for the development of a distributed technology neutral pro forma. Lead drafter of the utility’s form contract which has been utilized in a number of solicitations*

*Matter handled prior to joining the firm.

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An experienced appellate advocate, Paul has argued 10 times before the US Supreme Court and has presented more than 100 arguments across federal and state appellate and trial courts nationwide, including multiple en banc circuit sittings. In 2024, Law360 named Paul as one of a select group of lawyers who is the “future of the Supreme Court bar.”

Paul works across substantive areas of law. He has secured major victories across sectors, including arbitration, employment, energy, immigration, intellectual property, life sciences, and transportation.

Recent successes at the Supreme Court include Kisor v. Wilkie, a landmark administrative law case decided in June 2019 that imposes significant limitations on the scope of agency deference. Paul won a trio of cases expanding the scope of judicial review of agency actions in the context of immigration: In 2023, he unanimously prevailed in Santos-Zacaria v. Garland, and in 2020 he won both Nasrallah v. Barr and Guerrero-Lasprilla v. Barr. In Nasrallah, Paul successfully advanced a statutory construction that had been overlooked by all 10 courts of appeals to have previously addressed the issue. In 2018, Paul secured a 9-0 win in the bankruptcy case Lamar, Archer & Cofrin, LLP v. Appling, which presented a technical question of statutory interpretation.

Paul regularly designs and leads challenges to agency actions. He invalidated a Federal Maritime Commission regulation in 2025 in the D.C. Circuit (World Shipping Council v. FMC). In 2024, he secured victory in the Fifth Circuit, setting aside the SEC’s attempted rescission of a key regulation imposing restrictions on proxy voting advice businesses (National Association of Manufacturers v. SEC, 5th Cir. 2024). Paul invalidated four separate regulations designed to disrupt the high-skilled immigration ecosystem (US Chamber of Commerce v. DHS, N.D. Cal. 2020 & 2021).

In listing Paul in its nationwide rating of appellate lawyers, Chambers USA (2020-2025) notes that he “play[s] 3D chess in litigation strategy” and “will learn your business better than you know it.” In ranking Paul as a “Leading Lawyer” in appellate practice, The Legal 500 (2021-2025) describes Paul as “exceptionally professional, effective, and easy to work with,” an “intellectually impressive and skilled advocate,” and it explains that he “demonstrates a surprisingly high policy awareness that sets him apart in Washington.”

He is a visiting clinical lecturer in law at Yale Law School, where he co-directs Yale’s Supreme Court Advocacy Clinic. Paul served as a law clerk to the Honorable Diana Gribbon Motz of the US Court of Appeals for the Fourth Circuit.

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• In the Supreme Court, secured a unanimous victory, with divided reasoning, confirming sharp limitations on the scope of agency authority (Kisor v. Wilkie, 2019)
• In the D.C. Circuit, invalidated regulation addressing demurrage and detention charges promulgated by the Federal Maritime Commission (World Shipping Council v. FMC, 2025)
• In the Federal Circuit, achieved affirmance of a summary judgment win for Coca-Cola in a long-running patent case (Rothschild Interconnected Devices v. Coca-Cola Co., 2025)
• In the D.C. Circuit, reversed decision from the FDA denying a supplemental New Drug Application (Vanda Pharmaceuticals v. FDA, 2025)
• In the Federal Circuit, obtained reversal of an adverse judgment following a patent infringement jury trial, prevailing on divided infringement issues relating to system claims (CloudOfChange LLC v. NCR Corp., 2024)
• In the Federal Circuit, secured reversal of adverse judgment in major ANDA matter, where district court had sua sponte invalidated certain patent claims on the basis of Section 101 (Astellas Pharm, Inc. v. Sandoz, 2024)
• In the Fifth Circuit, won sweeping victory invalidating SEC’s rescission of the 2020 Proxy Voting Advisory Business Rule (Nat’l Assoc. of Manufacturers v. SEC, 2024)
• In the DC Circuit, secured an additional victory for the Independent Power Producers of New York, relating to the design of the New York capacity market (New York State Public Service Commission v. FERC, 2024). This follows-up from an earlier win in the DC Circuit, which vacated and remanded FERC’s rejection of the New York Independent System Operator’s proposed amortization period for use in capacity auctions (Independent Power Producers of New York v. FERC, 2022)
• In the Sixth Circuit, won vacatur of FERC order on grounds that FERC Chairman exceeded his statutory authority (Electric Power Supply Assoc. v. FERC, 2023)
• In the Seventh Circuit, won reversal of a trial verdict in an employment case (Meadows v. NCR, 2023)
• In the DC Circuit, confirmed the legality of Optional Practical Training, a program that provides immigration status to hundreds of thousands of individuals (Washington Alliance of Technology Workers v. DHS, 2022)
• In the Federal Circuit, won affirmance through successful assertion on appeal of a res judicata defense (Uniloc 2017 LLC v. Blackboard, 2022)
• In the Ninth Circuit, secured affirmance of summary judgment for reinsurer in complex insurance dispute (American Claims Management v. Allied World Surplus Lines Insurance Co., 2022)
• In the en banc Fourth Circuit, overturned panel decision and prevailed for immigrant seeking withholding of removal (Portillo-Flores v. Garland, 2021)
• In the US District Court for the District of Columbia, won order compelling FDA to timely adjudicate a Section 355 request for an order regarding a supplemental New Drug Application (Vanda Pharmaceuticals v. FDA, 2024)
• In the US District Court for the District of Columbia, successfully vacated HHS Rule that authorized insurers to adopt copay accumulators (HIV & Hepatitis Policy Institute v. HHS, 2023)
• In the US District Court for the Western District of Texas, invalidated SEC’s order suspending implementation of its 2020 rule governing proxy voting advice businesses (National Association of Manufacturers v. SEC, 2022)
• In the US District Court for the Northern District of California, secured a preliminary injunction that enabled the EB-5 program to resume and subsequently achieved a settlement governing implementation of the EB-5 Reform and Integrity Act (EB5 Capital v. DHS, 2022)
• In the US District Court for the Northern District of California, won summary judgment to hold invalid four regulations—two each by the Department of Labor and the Department of Homeland Security— designed to foreclose the H-1B program (Chamber of Commerce of the United States v. DHS, 2021)
• In the US District Court for the Northern District of California, obtained a preliminary injunction on that barred enforcement of Presidential Proclamation 10,052, which sought to ban entry of high-skilled workers entering the United States on H, J, and L visas (National Association of Manufacturers v. DHS, 2020)
• In the US District Court for the Middle District of North Carolina, obtained a nationwide permanent injunction on behalf of a consortium of leading colleges and universities, blocking an immigration policy detrimental to the interests of international students (Guilford College v. McAleenan, 2020)

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He regularly counsels hedge funds and other financial services companies on regulatory and compliance issues relating to insider training, market manipulation, SEC examinations, and other regulatory and compliance issues, and assists clients in developing and implementing internal policies and procedures, as well as conducting internal compliance training programs.

David is a frequent author on securities regulations. He also lectures on compliance training and presents on regulatory compliance and enforcement issues. While in law school, David served as the note editor of the Boston University Law Review.

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• Represented an investment manager in connection with wind-up of funds and related US- and Cayman Island-based litigation, as well as state and federal regulatory investigations*
• Represented an investment manager and related entities in connection with investor suits arising from wind-up of investment*
• Represented several investment managers in connection with regulatory investigations into trading activities*
• Represented an investment manager in connection with various matters arising from the theft of investor assets by employee of investment manager*
• Represented an investment manager and offshore fund in connection with fraudulent conveyance claims brought by supplier of portfolio company*
• Represented an investment manager in connection with a challenge to a merger involving a portfolio company*
• Represented a group of investment managers and related entities in fraudulent conveyance actions arising from leveraged buyout transactions*
• Counseled an investment fund in connection with civil action seeking to enjoin proxy solicitation*
• Counseled a private equity fund in connection with civil litigation arising from a “go shop” provision of a merger agreement*
• Counseled a private equity fund in connection with shareholder action brought to enjoin a proposed merger*
• Counseled a securities firm in connection with civil action arising from hiring of CDO group*
• Counseled certain investment funds in connection with SEC investigation into certain private placement transactions*
• Counseled certain officers and directors in connection with securities class action and private civil action*
• Counseled Kaydon Corporation in connection with fraudulent conveyance action arising from a series of corporate transactions involving now bankrupt entity*
• Counseled certain officers and directors in connection with breach of fiduciary duty claims arising from corporate merger*
• Counseled an independent consultant to New York Stock Exchange retained in connection with review of the NYSE’s rules, practices and procedures applicable to floor members*
• Counseled officer and director in connection with securities class action and derivative action arising out of the fraudulent trading activity of government bond trader*
• Counseled NASDAQ securities trader in connection with SEC investigation into certain market making activity*
• Counseled a special committee of outside directors of Fine Host in connection with an internal investigation, securities class actions and government inquiries arising out of accounting irregularities at the company. Also represented former officer in connection with shareholder class action and bondholder action*

*Matter handled prior to joining the firm.

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He regularly represents both the “money” and “sponsor” side of real estate transactions and has significant experience at all levels of the real estate private equity capital stack.

He also advises clients in connection with the formation, structuring and recapitalization of real estate operating companies/platforms (including private REITs), programmatic joint venture arrangements, and real estate investment funds and other investment vehicles, including sponsor capital and GP-capital funds.

In addition, Pej has significant experience in preferred equity transactions, construction financing, mortgage- and mezzanine-financing arrangements, ground leases, the acquisition and disposition of real property (including entity level sales), and the formation and structuring of “qualified opportunity zone funds” and “qualified opportunity zone businesses”.

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• Represented ATCO Properties on a variety of real estate transactions including acquisitions, dispositions, and various property-level and up-tier joint ventures transactions and other equity arrangements for property investments around the US*
• Represented a client in connection with a discretionary programmatic capital allocation from an institutional fund for the funding of so-called “sponsor capital” for the acquisition of properties throughout the NYC area*
• Represented an institutional client in connection with various debt and equity investments in a variety of real estate operating company platforms through multi-tiered joint venture structures and through the formation of real estate funds*
• Represented ATCO Properties in all aspects of the formation and operation of an equity platform formed to develop a multi-phase 70-acre planned community in Charlotte and subsequent joint venture arrangements from property-level institutional capital providers for the phased development of the community*
• Represented Colony NorthStar, Inc. in all aspects of the acquisition of an ownership interest in RXR Realty’s portfolio of New York City properties having a value exceeding $6.5 billion and consisting of 108 properties, and the launch of a new non-traded REIT platform*
• Represented Colony NorthStar, Inc. in connection with various strategic investments in real estate operating company platforms including a European AIFMD-approved asset manager and a select-service hotel operator and property manager*
• Represented an institutional client in connection with various debt, preferred equity and common equity investments made in connection with the formation of various private REITs including a mortgage REIT with a multibillion dollar equity capitalization and a senior-housing health care REIT*
• Represented ATCO Properties in the acquisition, subsequent equity capitalizations and disposition of various properties in NYC including the recapitalization of 240 West 35^th Street through a 49 percent equity investment by an Israeli insurance company and a GP co-investment in and the ultimate disposition of 850 Third Avenue*
• Represented a client in the acquisition of an assemblage of properties in the Soho neighborhood of Manhattan in connection with the development of a mixed-use condominium as well as various property-level, co-GP and other up-tier equity capitalization transactions, mortgage and mezzanine pre-development financing, construction financing, and EB-5 mezzanine financing for the vertical development*

*Matter handled prior to joining McDermott.

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