Gregory M. Lipper

PARTNER

Washington, DC
(202) 996-0919 (phone)
(202) 204-6320 (fax)
glipper@clintonbrook.com


Greg Lipper, who joined Clinton Brook in 2016, litigates both trials and appeals. He has extensive experience in criminal defense, business litigation, and First Amendment and media law, among many other areas of practice. Greg has represented a diverse set of clients, including financial institutions, media and technology companies, small businesses, nonprofit organizations, and individuals. And he has represented parties or amici in over two-dozen cases before the U.S. Supreme Court. Greg is known for his lively writing, skillful oral advocacy, and ability to explain complex and technical concepts simply and clearly. 

Before joining Clinton Brook, Greg spent over five years as Senior Litigation Counsel at Americans United for Separation of Church and State. There, he represented the plaintiffs in a class-action challenge to Alabama’s ban on same-sex marriage, student-intervenors opposing the University of Notre Dame’s challenge to the Affordable Care Act’s contraceptive-coverage regulations, and the plaintiffs in a major Supreme Court case addressing the constitutionality of prayer before government meetings. He previously practiced white-collar criminal defense, commercial litigation, and media law at Covington & Burling. 

Greg regularly writes and speaks about the law and legal news. He has spoken or guest lectured at law schools including Harvard, University of Michigan, and Northwestern, and Georgetown—on topics ranging from the First Amendment to federal jurisdiction to advocacy. He has participated in panels hosted by the National Constitution Center, the United States Military Academy, and the American Political Science Association, among many others. His writing has appeared in both the popular and academic press, including articles in the American Criminal Law Review and the University of Illinois Law Review and chapters in two books published by Cambridge University Press. And he is regularly quoted on legal issues in national publications such as CNN, Reuters, the Washington Post, the Wall Street Journal, MSNBC, Slate, and the New Republic.  

 


Representative Matters:

Criminal Defense

  • Argued and won successive appeals in Second Circuit on behalf of former CEO of a large retail chain challenging restitution awards.
  • Appointed to represents defendants in multiple appeals before D.C. Court of Appeals.
  • Represented an auto parts supplier in a federal criminal antitrust investigation.*
  • Represented a major financial institution in criminal and SEC investigations (as well as related securities and ERISA class actions and insurance-coverage disputes) arising out of an accounting fraud in its subsidiary.*
  • Represented an Alabama death-row inmate in appeal of his conviction and sentence.*
  • Represented multiple criminal defendants in fraud, burglary, and drug prosecutions in Montgomery County, Maryland.*
  • Prepared multiple Supreme Court amicus briefs on behalf of National Association of Criminal Defense Lawyers.*


Appellate & Supreme Court

  • Represented family of former Army private in appeal to Ninth Circuit of decision applying Feres doctrine to dismiss wrongful-death claims against government.
  • Represented the plaintiffs in Town of Greece v. Galloway, a landmark government prayer case before U.S. Supreme Court.*
  • Represented, in Seventh Circuit and Supreme Court, a University of Notre Dame student as an intervenor opposing the university’s challenge to the Affordable Care Act’s contraceptive-coverage regulations.*
  • Represented criminal defendants in appeals of convictions and denial of postconviction relief in federal courts.*
  • Argued and won complete victory in front of U.S. Court of Appeals for the Third Circuit, reinstating federal discrimination claims by three police officers who were retaliated against after complaining about discrimination against African-American colleagues.*
  • Represented defendant in appeal of conviction and death sentence before Alabama Court of Criminal Appeals, as well as cert petitions to Alabama Supreme Court and U.S. Supreme Court.*
  • Prepared over two dozen briefs in US Supreme Court, including cert petitions, oppositions to certiorari, merits briefs, and amicus briefs, in cases involving criminal procedure, capital punishment, antitrust, First Amendment, False Claims Act, Export Clause, habeas corpus, personal jurisdiction, patents, copyright, civil procedure, and reproductive rights.*
  • Represented the plaintiffs in a class-action constitutional challenge to Alabama’s ban on marriage by same-sex couples.*
  • Represented over a dozen Yemeni nationals detained at Guantanamo Bay, Cuba in habeas corpus challenges.*


Business DISPUTES 

  • Represents memorabilia collectors in consumer-fraud lawsuit against New York Giants, Quarterback Eli Manning, and several other Giants employees for distributing counterfeit memorabilia.
  • Represented former retail CEO in complex arbitration against his former employer. 
  • Represented major financial institution in securities class-action arising from accounting fraud in subsidiary.*
  • Represented group of individuals and companies in a complex False Claims Act lawsuit.*
  • Represented major pharmaceutical company in product-liability litigation over Accutane.*


Media & First Amendment

  • Represented the Newspaper Association of America before Congress in connection with federal reporters’ privilege legislation.*
  • Conducted pre-publication review for broadcast-news reporters across the country.*
  • Obtained asylum for Eastern European journalist after trial in federal immigration court.*
  • Represented New Jersey resident in First Amendment challenge to motor-vehicle department’s rejection of her vanity license plate on account of viewpoint.*
  • Represented Tennessee resident in First Amendment challenge to exclusion of signs from public forum in county building based on his viewpoint.*
  • Represented organization in First Amendment challenge to exclusion display in Florida Capitol based on its viewpoint.*
  • Prepared amicus brief in Supreme Court in support of free-speech challenge to Texas ban on “offensive” specialty license plates.*

*Matters handled before joining Clinton Brook


Education

Harvard Law School, J.D.
magna cum laude
Harvard Law Review, Notes Editor
Ames Moot Court Competition, Oralist and Winning Team
Criminal Justice Institute, Student Attorney

Northwestern University, B.A. with Honors in American Studies
National Intercollegiate Champion in Extemporaneous Speaking


Clerkship

Honorable R. Guy Cole Jr., U.S. Court of Appeals for the Sixth Circuit


Professional Activities

Washington Council of Lawyers, Board of Directors and Communications Director

American Constitution Society DC Lawyer Chapter, Board of Directors

Edward Coke Appellate Inn of Court, Barrister

National Association of Criminal Defense Lawyers

DC Bar

Arts, Entertainment, Media and Sports Law Community
Criminal Law and Individual Rights Community

Georgetown Street Law Program, Coach of high-school mock-trial team

2017 Harlan Institute-ConSource Virtual Supreme Court Competition, Judge in final round

    Admissions

    District of Columbia

    California (inactive)

    U.S. Supreme Court

    U.S. Courts of Appeals for the Second, Third, Fourth, Sixth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits

    U.S. District Courts for the District of Columbia, District of Maryland, and Northern District of Florida


    Honors

    Selected for inclusion, “Rising Stars,” Washington DC SuperLawyers Magazine (2013)

    Above & Beyond Award, Washington Council of Lawyers (2014)

    Charles F.C. Ruff Pro Bono Lawyer of the Year Award, Covington & Burling (2006)


    Selected Speaking, Writing, and Media

    Speeches/Lectures

    Race in America: A Discussion on Racial Inequality from a Legal Perspective, American Constitution Society, Catholic University Columbus School of Law (October 2017)

    Matal v. Tam (First Amendment trademark decision), D.C. Bar Media Law Program (May 2017)

    Effective Use of Social Media in Advocacy (guest lecturer), Georgetown Law (April 2017)

    The Court and the Culture Wars: Marriage, Contraception, and Religious Freedom at the Supreme Court, American Constitution Society, D.C. Lawyer Chapter (October 2015)

    The Contraceptives Coverage Mandate Litigation (plenary speaker), Law, Religion, and Health in America, Harvard Law School—Petrie-Flom Center Annual Conference (May 2015)

    The Contraceptive-Coverage Litigation, University of Chicago Law School (January 2014)

    The Religion Clauses (guest lecturer), University of Michigan Law School (November 2013)

    Chevron Corp. v. Perez Pallares, D.C. Bar Media Law Program (July 2010)

    The Free Flow of Information Act, D.C. Bar Media Law Program (October 2009)

    Federal Courts and the War on Terror (guest lecturer), Northwestern University School of Law (April 2006)


    Academic Publications

    The Contraceptive Coverage Cases and the Problem of Politicized Free Exercise Lawsuits, in The Contested Place of Religion in Family Law (Cambridge University Press, forthcoming 2018)

    Not Your Father’s Religious Exemptions: The Contraceptive-Coverage Litigation and the Rights of Others, in Law, Religion, and Health in the United States (Cambridge University Press, 2017)

    The Contraceptive-Coverage Cases and Politicized Free-Exercise Lawsuits, 2016 University of Illinois Law Review 1331 (2016)

    First Amendment Limits on Government Holiday Displays, 66 Planning & Environmental Law 4 (2014)

    The Foreign Corrupt Practices Act and the Elusive Question of Intent, 47 American Criminal Law Review 1463 (2010)

    Comment, Family Educational Rights and Privacy Act—Private Rights of Action, 116 Harvard Law Review 372 (2002)


    Other Publications

    Contributor, Bill of Health blog—Harvard Law School: Petrie-Flom Center (2015–2016)

    Do Counselors-in-Training Have the Right to Discriminate Against LGBTQ People?, Rewire (July 2016)

    Justices Against ‘Hijacking,’ and Other Unsettling Details From the Zubik v. Burwell Oral Arguments, Rewire (March 2016)

    From Loving to #LoveWins: Marriage Equality and Religion-Based Discrimination, Casetext (June 2015) 

    Debate Rages On For Lawyers Who Argued Prayer Case at Supreme Court, National Law Journal (May 2014)

    Who (and What) is “The Media”?, Media Law Resources Center Bulletin (June 2010) (coauthor)

     

    Panels

    Business and Religious Accommodations: Legal and Ethical Issues (panelist), Baruch College (March 2017)

    Reproductive Justice at the Supreme Court: Term Round-Up, Georgetown University Law Center, Students for Reproductive Justice (April 2016)

    Police Conduct and its Relationship to Race Relations and Civil Liberties, Langley High School (February 2016)

    Religion, Conscience Objections, & Hospital Mergers, National Reproductive Justice Initiative (November 2015)

    American Faith: The Origin and Meaning of Religious Liberty, National Constitution Center (September 2015)

    Supreme Court Review, American Constitution Society, University of Pennsylvania Law School (September 2015)

    Law, Religion and the Family Unit After Hobby Lobby, University of Illinois Law Review Symposium (September 2015)

    On the Front Lines of Religious Liberty, National Constitution Center (April 2015)

    Religion and Public Schools: Key Decisions and Emerging Trends, National School Boards Association (March 2015)

    Hobby Lobby: The Interplay Between the Federal Government and Religion, American Inns of Court, Schwartz/Levi Chapter (January 2015)

    How (Not to) Provide Statutory Accommodations for Religion, AALS Annual Meeting, Section on Law and Religion (January 2015)

    Sebelius v. Hobby Lobby: The Morning After Pill, Corporate Convictions, and the Future of Religious Liberty, American Political Science Association (August 2014)

    Town of Greece v. Galloway, United States Military Academy (November 2013)

    Free Exercise and Compelled Speech Challenges, Harvard Law School, Lambda Legal Advocacy Conference (April 2013)

    Freedom of Speech vs. Separation of Church and State: A Framework for Resolution, William S. Sessions American Inn of Court (October 2012)

    First Amendment: The State of Freedom of Religion in 2012, Federal Bar Council Bench & Bar Retreat (September 2012)

    Legal Challenges to School Vouchers, Pennsylvania Bar Institute: The Future of School Voucher Programs in Pennsylvania (June 2011)

    Religion and Public Education, World Learning Visitor Exchange Program (May 2011) (State Department program for visiting delegation of Saudi Arabian professors)