Eric Konopka is an associate in the Washington, D.C. office of Latham & Watkins and a member of the firm’s Supreme Court & Appellate and Tax Controversy Practices.
Mr. Konopka focuses on federal and state appellate litigation, with particular experience in complex tax, bankruptcy, and energy regulatory cases. He also regularly represents clients before federal and state trial courts around the country, the US Tax Court, and administrative agencies, preparing briefs and dispositive motions, and advising on appellate strategy.
Mr. Konopka also maintains a robust pro bono practice, where he has acted as lead counsel in cases implicating important and novel constitutional and statutory rights.
Mr. Konopka currently serves as a member of the firm’s Diversity Leadership Committee. Super Lawyers named him a Rising Star in 2023.
Mr. Konopka received his JD from Columbia Law School, where he received the Ruth Bader Ginsburg Prize for highest academic honors in all three years, served as a managing editor of the Columbia Law Review, and was a finalist in the Harlan Fiske Stone Honors Moot Court Competition. Before joining Latham & Watkins, he clerked for Judge Raymond Kethledge of the US Court of Appeals for the Sixth Circuit, Justice Leondra Kruger of the Supreme Court of California, and Judge Carlos Bea of the US Court of Appeals for the Ninth Circuit.
Before law school, Mr. Konopka worked in investment banking and private equity, focusing on financial institutions and esoteric financial products.
Experience
Mr. Konopka’s representative experience includes:
Serving as appellate counsel in two major transfer-pricing cases currently pending in the US Tax Court
Writing briefs that convinced a state tax appeals tribunal to order a tax refund of approximately US$150 million to the firm’s client
Writing the briefs for a Third Circuit appeal in which the firm’s client defeated an alleged tax deficiency related to the deductibility of certain legal expenses
Briefing and arguing a DC Circuit appeal that led the court to hold that the Federal Energy Regulatory Commission should have ordered refunds to the firm’s client of certain costs for upgrades to the electric grid
Writing a brief and two motions to dismiss for a Fifth Circuit appeal that presented novel and complex issues under Chapter 15 of the Bankruptcy Code
Qualifications
Bar Qualification
District of Columbia
New York
Education
J.D., Columbia Law School, 2015
B.Sc. in Management Science, Massachusetts Institute of Technology, 2005
Latham litigators recognized for securing a seismic decision in New York’s high court, the Court of Appeals, for Tax Equity Now NY (TENNY), which is expected to lead to systemic changes to address the long-standing disparities in New York City's property tax system.
The Third Circuit on Thursday backed a finding that generic-drug maker Mylan was not on the hook for US$50 million in taxes the Internal Revenue Service said it should pay over deducted patent litigation fees.
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