Tyce Walters is an associate in the Washington, D.C. office of Latham & Watkins and a member of the firm’s Supreme Court and Appellate Practice.
Mr. Walters focuses on federal and state appellate litigation and dispositive motions in the federal district courts, as well as challenges to federal and state governmental action. Additionally, he has significant experience in trademark, copyright, and related intellectual property law, litigating and advising clients on cutting-edge legal developments in those arenas.
Before entering private practice, Mr. Walters served on the Appellate Staff of the US Department of Justice’s Civil Division. In that role, he argued more than a dozen appeals in the US Courts of Appeals for the Third, Fourth, Sixth, Seventh, Eighth, Ninth, Eleventh, and D.C. Circuits, and appeared as lead counsel in more than twenty federal appeals.
Prior to his government service, Mr. Walters clerked for Judge Susan Carney of the US Court of Appeals for the Second Circuit and Judge Milton Shadur of the US District Court for the Northern District of Illinois.
Mr. Walters maintains an active pro bono practice, and recently litigated a major suit on behalf of the National Urban League, NAACP, and others to prevent the Census Bureau from shortening the 2020 Census. Plaintiffs obtained a preliminary injunction requiring the Census Bureau to continue the count, and the Bureau ultimately abandoned attempts to adhere to a truncated data-processing timeline.
Mr. Walters’ representative experience includes:
- Barr v. American Association of Political Consultants, 140 S. Ct. 2335 (2020). Persuaded the Supreme Court to invalidate a portion of the Telephone Consumer Protection Act under the First Amendment.
- Successfully litigated a trademark infringement suit between two major US airlines
- Booking.com v. U.S. Patent & Trademark Office, 915 F.3d 171 (4th Cir. 2019) (argued). In a case subsequently taken up by the Supreme Court, argued that asserted trademarks consisting of generic terms and domain name “.com” could generally not be registered.*
- Nicopure Labs, LLC v. FDA, 944 F.3d 267 (D.C. Cir. 2019). Successfully defended FDA rule regulating electronic cigarettes and “vaping” devices, as well as related advertising, from First Amendment and statutory challenge.*
- Loumiet v. United States, 948 F.3d 376 (D.C. Cir. 2020) (argued). In case of first impression, successfully argued that a constitutional damages action was not available for alleged First Amendment retaliation by federal administrative agency.*
- TOTAL Gas & Power v. Federal Energy Regulatory Commission, 859 F.3d 325 (5th Cir. 2017). In challenge to FERC enforcement proceeding seeking more than $200 million in penalties, persuaded the Fifth Circuit that constitutional and statutory claims were not ripe and the district court’s order of dismissal should be affirmed.*
- Samsung Electronics Co. v. Apple Inc., No. 15-777 (2016). Drafted brief of the United States in design-patent dispute.*
- Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (2016). Drafted brief of the United States in litigation concerning the availability of enhanced damages for patent infringement.*
*Matter handled prior to joining Latham.