Maggie Upshaw is an associate in the Washington, D.C. office of Latham & Watkins.

Ms. Upshaw primarily handles appellate litigation and dispositive motions in the federal district courts. She has assisted with strategic analysis and briefing in a broad range of matters at all levels of the judiciary, including before the US Supreme Court. She has also successfully argued appeals before the Eleventh and Ninth Circuit Courts of Appeals, obtaining precedent-setting victories in both cases.

Ms. Upshaw represents clients in a variety of substantive areas, including administrative law, securities regulation, data privacy, contracts, torts, and constitutional law. She has particular experience defending clients against complex class actions. She has been a primary drafter of briefs opposing class certification, including briefing that successfully defeated certification of a multi-billion dollar damages class.

Prior to joining Latham, Ms. Upshaw served as a Bristow Fellow in the Office of the Solicitor General, where she successfully argued an appeal on behalf of the United States before the First Circuit Court of Appeals. She also clerked for Judge William Fletcher of the United States Court of Appeals for the Ninth Circuit.

Ms. Upshaw graduated first in her class from the University of Chicago Law School, where she received the Casper Platt Award for Most Outstanding Paper. During law school, she served as Comments Editor for The University of Chicago Law Review.

Thought Leadership

  • “FinCEN Looks to Rein In Cryptocurrency Transactions” Latham & Watkins Global Fintech & Payments Blog (2021)
  • “Will Jam v. IFC Increase Multilateral Development Banks’ US Legal Exposure?” Latham & Watkins Client Alert (2019)
  • The Unappealing State of Certificates of Appealability, 82 U. Chi. L. Rev. 1609 (2015)

Bar Qualification

  • District of Columbia

Education

  • JD, University of Chicago Law School, 2016
    Highest Honors
  • BA, Macalester College, 2012
    Phi Beta Kappa
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October 20, 2023Recognition

Litigator of the Week Runners-Up and Shout Outs

Latham litigators recognized for a Seventh Circuit win for Netflix upholding a win for streaming services finding that East St. Louis, Illinois, can’t force them to pay franchise fees imposed on cable companies.

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April 9, 2020Recognition

Legal Lion: Latham & Watkins

The US Supreme Court ruled in favor of Latham's client, Noris Babb, that the Age Discrimination in Employment Act allows federal employees to sue over any age bias that creeps into an adverse employment action.