Michael Clemente is an associate in the Washington, D.C. office of Latham & Watkins and a member of both the firm’s White Collar Defense & Investigations Practice and the Supreme Court & Appellate Practice. He advises corporations and individuals navigating high-stakes government enforcement actions, internal investigations, and complex litigation, especially those arising under the False Claims Act and the federal fraud statutes.
Michael draws upon his extensive experience as an appellate litigator and former Supreme Court clerk to develop sophisticated and innovative strategies at every stage of criminal and regulatory matters. His strong foundation in appellate advocacy and deep understanding of judicial perspectives uniquely positions him to craft persuasive arguments that resonate with regulators, prosecutors, and judges alike.
In his practice, Michael focuses on delivering early and decisive victories for his clients, whether by persuading authorities to terminate investigations without charges, securing dismissals at trial, or successfully challenging adverse decisions on appeal. His approach consistently emphasizes proactive and creative solutions to protect his clients’ reputations and interests.
Before joining Latham, Michael served as a law clerk to Chief Justice John G. Roberts, Jr. of the Supreme Court of the United States, Judge Thomas B. Griffith of the US Court of Appeals for the D.C. Circuit, and Judge David F. Hamilton of the US Court of Appeals for the Seventh Circuit.
He graduated from Yale Law School, where he served as the editor-in-chief of the Yale Law Journal.
Experience
Representative Matters:
Michael regularly litigates and advises on some of the most complex and closely watched matters, including:
Serving as second chair in securing a landmark US Supreme Court decision for one set of petitioners in Loper Bright Enterprises v. Raimondo, in which the Court overruled the Chevron deference doctrine
Obtaining vacatur of client’s wire fraud conviction on appeal in Wada v. United States
Representing high-profile clients in the widely publicized college admissions case, serving as the primary drafter on numerous briefs
Serving as a primary drafter in Vega v. Tekoh, where the firm prevailed before the Supreme Court in a case concerning the scope of liability under 42 USC § 1983
Developing a legal theory for upholding a forum-selection clause limiting derivative claims to Delaware court, and defending the theory from the district court up to a 6-5 en banc victory in the Ninth Circuit
Being a primary drafter of the briefs where a 4-4 Supreme Court ruling affirmed a lower court decision favorable to the client in a case involving the Federal Employers’ Liability Act
Arguing and winning a precedent-setting case in the US Court of Appeals for the Federal Circuit for a Vietnam War combat veteran, securing a systemic victory for veterans’ cases involving disability retirement
Advising companies in the artificial intelligence sector on navigating legal compliance with new and emerging technologies, applying creative legal arguments to novel issues
Qualifications
Bar Qualification
District of Columbia
Maryland
Education
JD, Yale Law School, 2016
BA, University of Notre Dame, 2009 magna cum laude
Latham litigators honored for obtaining a historic US Supreme Court decision siding with our client in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce, overruling the Chevron doctrine.
Latham teams recognized for litigation wins, including a rare “entire defense” victory on behalf of client Cantor Fitzgerald and the dismissal of almost all claims in a securities class action against Virgin Galactic.
Beth Deeley, BJ Trach, and Roman Martinez were recognized by The American Lawyer in an early batch of Litigator of the Week Shout Outs after notching a major appellate victory for Gap Inc. in the high-profile Ninth Circuit appeal of a shareholder derivative lawsuit.
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