Maggie Upshaw represents clients in high-stakes litigation at all levels of the judiciary, particularly in defending against complex class actions.

Maggie leverages extensive experience with appellate litigation and dispositive motions to guide clients on matters involving:

  • Class certification
  • Complex commercial litigation and data privacy
  • Insurance law
  • Constitutional law

She delivers strategic analysis and briefing across a broad range of substantive areas, including in matters before the US Supreme Court. Maggie has argued appeals before the First, Second, Ninth, and Eleventh Circuit Courts of Appeals, including obtaining precedent-setting victories in multiple cases.

Maggie regularly serves as primary drafter of briefs opposing class certification, including briefing that successfully defeated certification of a multibillion-dollar damages class.

Before joining Latham, Maggie served as a Bristow Fellow in the Office of the Solicitor General. She also clerked for Judge William Fletcher of the United States Court of Appeals for the Ninth Circuit.

Maggie’s experience includes:

  • Securing an 8-1 victory in the US Supreme Court in Babb v. Wilkie, a federal-sector age discrimination case
  • Successfully persuading the Supreme Court to grant certiorari in a case deciding the appropriate remedy for violations of the constitutional venue right
  • Successfully persuading the Ninth Circuit to grant Rule 23(f) interlocutory review of a class certification decision
  • Successfully arguing a motion to dismiss on behalf of a major technology company in a class action in the Northern District of California
  • Securing dismissal of a privacy class action in the Northern District of California on Article III standing grounds
  • Leading the briefing in a significant insurance matter before the Seventh Circuit and, subsequently, on certification to the Illinois Supreme Court
  • Leading the briefing in multiple patent appeals before the Federal Circuit

Bar Qualification

  • District of Columbia

Education

  • JD, University of Chicago Law School, 2016
    Casper Platt Award for Most Outstanding Paper, Comments Editor, The University of Chicago Law Review, First Class, highest honor
  • BA, Macalester College, 2012
    Phi Beta Kappa
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October 20, 2023 Recognition

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.