The Man Who Beat the NLRB

Jones Day's Noel Francisco fought the NLRB, and he won. We caught up with the lawyer for soda bottler Noel Canning behind the unanimous Supreme Court victory that redefined recess appointments. (Thank goodness it's not Christmas time, or all the Noels we're mentioning would be getting a little freaky.)

Noel Francisco heads Jones Day's government regulatory group. He tells us he did six moots for the case, his first argument before the Supreme Court. (Nine votes: not bad for a first-timer.) His approach was two part: immersing himself in the case materials and historical facts that composed much of the case, and translating them into easily-understood arguments. A former Scalia clerk, he had familiarity with the Court, but says it's another thing to be on the other side of the podium in the direct line of fire. Now his quill from his first argument sits on his office bookshelf. 

His group is gaining a rep as the go-to for suing the government. Aside from arguing Noel Canning v. NLRB, he's successfully represented government-opposing clients like RJ Reynolds Tobacco in a First Amendment challenge, and the Free Enterprise Fund in a challenge to the constitutionality of the PCAOB. He tells us that the firm's carved out a niche by representing clients in very aggressive litigation against the government while also defending clients before regulatory agencies. It's "very much a focus of our practice," Noel says, and something "we're looking to continue doing even more of in the future." 

Any day now, a decision's expected from the DC Circuit in a major challenge to the Affordable Care Act's federal subsidies. Halbig is argued by Jones Day partner Michael Carvin, here in an artist's rendering of a previous argument before the Supreme Court. The firm's also representing a host of religious groups in suits over the HHS contraception mandate. As the healthcare law requires a whole range of regulations to implement it, including some complex and ambiguously-worded statutes, says Noel, it will be opened up to further challenge.