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Appellate Litigation & Other Representations

(includes representations where Mr. Vlatas teamed with other Covington & Burling attorneys to represent a client; descriptions include only work for which Mr. Vlatas had sole or principal responsibility)

• President George W. Bush (writing arguments on federal and Florida law issues, for inclusion in then-Governor Bush's briefs in the litigations pertaining to the winner of 2000 Presidential election);
  
  
• Microsoft, Inc. (writing formal comments for submission to New Zealand legislature's Commerce Select Committee on bill to amend New Zealand's competition law);
  
  
• National Football League, Inc. (writing amicus curiae brief in support of Cleveland Browns' petition for review to Supreme Court of Ohio, defending Browns' right to relocate to Baltimore, Maryland against claim by season ticket holder alleging breach of contract);
  
  
• NationsBank, Inc. (writing brief that would oppose emergency motion by Texas Banking Commissioner seeking stay pending expedited appeal to United States Court of Appeals for the Fifth Circuit in Commissioner's effort to block bank merger);
  
  
• WorldCom, Inc. , (formerly MCI Communications, Inc.) (advising in appeal to European Union's Court of First Instance challenging European Commission's decision denying approval of proposed merger with Sprint, Inc. because of alleged anticompetitive effects on Internet backbone market);
  
  
• National Electrical Manufacturers Association (members include General Electric Lighting, Phillips Lighting and Osram-Sylvania) (writing complaint, preliminary injunction briefs and affidavits, and examining expert witnesses in preliminary injunction hearing, in constitutional challenge under First Amendment, Commerce Clause and Supremacy Clause to Vermont product-labeling legislation; writing brief defending trial court's preliminary injunction, in ongoing appeal by State of Vermont to U.S. Ct. App. for Second Circuit; writing petition for rehearing and motion to stay the mandate pending certiorari petition);
  
  
• Republican National Committee (advocating and obtaining stay of proceedings in ongoing litigation against Federal Election Commission challenging constitutionality under First and Fifth Amendments of federal regulation requiring use of "hard dollars" to pay for certain kinds of political advertising);
  
  
• National Football League Properties, Inc. (writing briefs opposing preliminary injunction application and seeking dismissal of trademark licensee's action alleging wrongful termination of trademark licensing agreement and franchise);
  
  
• IBM Corp. (writing memorandum evaluating defenses, writing discovery responses, writing summary judgment brief, and advising as to oral argument strategy, in action by several former IBM employees alleging fraud and negligent misrepresentation);
  
  
• SmithKline Beecham Corp. (writing sections of brief arguing that Maine's prescription drug price controls are preempted by federal Medicaid statute);
  
  
• Seariver Corp. (a subsidiary of Exxon Corp. and the owners of the former Exxon Valdez tanker vessel) (writing parts of briefs on Article III-standing, ripeness, and waiver of constitutional rights, to United States Court of Appeals for the Ninth Circuit, in ongoing challenge under federal constitution's Bill of Attainder, Takings, Equal Protection and Due Process Clauses, against federal statute prohibiting Exxon Valdez from entering Prince William Sound, Alaska; and advising as to oral argument strategy and cases to include in F.R.A.P. 28(j) letter);
  
  
• National Association for Biomedical Research (writing briefs in United States Court of Appeals for the District of Columbia Circuit, in favor of client's right to intervene and in defense of federal regulation challenged by the Animal Legal Defense Fund under the federal Administrative Procedure Act);
  
  
• Technology Service Solutions (a subsidiary of IBM Corp.) (writing brief defending company's right under National Labor Relations Act to deny access to its Intra-net to union seeking to organize company's workers);
  
  
• Tricom Global Restaurants, Inc. (the company that franchises Kentucky Fried Chicken restaurants) (writing brief seeking dismissal of class action alleging that certain advertising by Kentucky Fried Chicken restaurants is false);
  
  
• WorldCom, Inc., (formerly MCI Communications, Inc.) (advising, preparing "second request" response, writing briefs, and negotiating with regulators, in antitrust review by U.S. Department of Justice and European Commission of competitive effects on Internet-markets of proposed merger with Sprint, Inc.);
  
  
• WorldCom, Inc., (formerly MCI Communications, Inc.) (advising in antitrust review by U.S. Department of Justice of competitive effects on web hosting and dedicated Internet access markets of proposed merger with Intermedia Communications, Inc.);
  
  
• Washington Concert Opera, Inc. (writing discovery requests and responses, writing briefs, arguing motions, and negotiating settlement of arbitration between opera company and star soprano Ruth Ann Swenson);
  
  
• Holy Orthodox Church of North America, Inc. (advising as to enforceability under First Amendment of archdiocese's affiliation agreements with member dioceses and writing new corporate by-laws for archdiocese and member dioceses to solve potential First Amendment problem and resolve certain corporate law issues);
  
  
• Holy Ascension Skete (writing brief and presenting oral argument on appeal from denial of tax exempt status under Pennsylvania law for monastery's real property and improvements);
  
  
• Mr. and Mrs. Douglas and Charlene Sardonell (researching and writing petition seeking writ of certiorari from the Supreme Court of the United States to the United States Court of Appeals for the Eleventh Circuit in federal civil rights litigation);