Zachary N. Ferguson
Zach has represented clients from numerous industries including investment companies, technology firms, energy companies, banking institutions, and consumer-products manufacturers. He is a versatile and dependable litigator, every bit as comfortable taking and defending depositions as he is briefing complex issues and managing complicated discovery. His work obtaining summary judgment on behalf of a national bank—and defending that judgment on appeal, resulting in a unanimous affirmance—earned him a “shout-out” in AmLaw Litigation Daily’s “Litigator of the Week.”
Zach maintains a robust appellate docket and has briefed appeals in the Second, Fourth, Eleventh, and Federal circuits as well as the U.S. Supreme Court. He represents major companies across a wide range of industries, presenting clear, focused, and exhaustively researched argument in cases involving cutting-edge legal issues. He recently scored a significant victory for a technology client in the Federal Circuit in a closely watched case involving constitutional claims and the rescission of PTAB guidance governing inter partes review.
Zach also has significant experience prosecuting actions under 28 U.S.C. § 1782 to obtain discovery for use in foreign litigation. His § 1782 representations have involved complex foreign patent disputes on behalf of clients in the technology and biotech sectors.
Experience & capabilities
Selected matters
Represented a patent holder in successfully opposing novel constitutional claims arising out of the rescission of PTAB guidance governing inter partes review.
Represented holders of GDP-linked securities against the Republic of Argentina, including drafting extensive appellate briefing on complex issues of first impression regarding the novel securities.
Advised an investment management firm in connection with a successful bid for a major downstream petroleum company, including significant research and predictions regarding the resolution of questions of foreign constitutional law.
Successfully defended the senior leadership of McKinsey & Co. Inc. from fraud allegations and RICO claims asserted by a competitor.
Prosecuted actions under 28 U.S.C. § 1782 in various federal courts to obtain discovery for use in foreign proceedings, including on behalf of a pharmaceutical company in connection with foreign patent-infringement proceedings.
Represented a coalition of medical professional associations as amici curiae on the winning side of Bondi v. VanDerStok, a significant Supreme Court decision concerning the regulation of homemade firearm kits.
Represented a major accounting firm in a PCAOB investigation, which the PCAOB closed without disciplinary action.
Represented, as a member of the litigation team, a bank and its senior officers in a suit seeking more than $500 million in damages arising from a canceled wire transfer from the State of California to an entity that had claimed it could supply California with 100 million N95 respirator masks, obtaining the dismissal of some of the counts early in the case, securing summary judgment on the remaining claims, and successfully defending summary judgment on appeal.
Defended a social media company and its majority shareholder in a suit alleging breach of a bond indenture, obtaining dismissal of the complaint and denial of plaintiffs’ motion to amend.
Represented law professors in the filing of an amicus brief in the U.S. Supreme Court in support of religious objectors to the Affordable Care Act mandate on the non-merits issue of universal injunctive relief.
Represented, as part of the team of special litigation and investigations counsel, an upstream oil and gas company based in Houston in the company’s Chapter 11 case, including conducting a related-party-claims investigation and representing the company in a contested $320 million sale hearing and in multiple adversary proceedings.
Background
Education
- J.D., magna cum laude, Duke University School of Law, 2018
- Senior Articles Editor, Duke Law Journal
- Winner, Dean’s Cup Intramural Moot Court Competition
- Governing Faculty Award for Advocacy
- Justin Miller Award
- Mordecai Scholar
- B.A., cum laude, Political Science, Williams College, 2013
- Shirin Shakir Memorial Prize
Bar Admissions
Clerkships
- Honorable Gerald Bard Tjoflat,
U.S.C.A., 11th Circuit
Court Admissions
- U.S.D.C., District of Columbia
- U.S.D.C., Southern District of New York
- U.S.C.A., 2nd Circuit
- U.S.C.A., 3rd Circuit
- U.S.C.A., 4th Circuit
- U.S.C.A., 9th Circuit
- U.S.C.A., 11th Circuit
- U.S.C.A., District of Columbia Circuit
- U.S.C.A., Federal Circuit
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