Jerome A. Madden

Principal

For over three decades, Jerry has litigated civil trial and appellate cases in federal courts throughout the United States. He has been lead trial counsel in cases seeking hundreds of millions of dollars in damages in breach-of-contract, breach-of-fiduciary-duty, negligence, and fraud actions. Jerry has been lead appellate counsel in well over 100 appeals in the federal courts and has significant Supreme Court experience. He is one of the very few attorneys who has presented oral argument in all 13 federal circuit courts of appeals.  Litigated Cases.

Substantive areas of expertise include:

  • Criminal actions, including white-color crimes for “honest services” violations under the Honest Services Act and Hobbs Extortion Act (cases related to McDonnell v. United States, 136 S. Ct. 2355 (2016)).
  • Business related civil actions in the federal district and appellate courts based upon state-law tort or breach of contract, including actions seeking temporary restraining orders, preliminary injunctions, or other injunctive relief.
  • Civil actions brought under federal statutes, including, but not limited to, actions under the Labor Management Reporting and Disclosure Act (LMDA), the Federal Tort Claims Act (FTCA), the Administrative Procedure Act (APA), and the Tucker Act; also constitutional-tort actions under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
  • Federal regulation of financial institutions under the Federal Deposit Insurance Act and the Dodd-Frank Act (including financial-institution receivership law and open-bank enforcement actions brought by the Board of Governors of the Federal Reserve, the Federal Deposit Insurance Corporation (FDIC), or the Office of the Comptroller of the Currency (OCC)).

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EDUCATION

Georgetown University Law Center, Masters in Law (LL.M.) (2005)
Securities and Financial Regulation

University of Dayton School of Law, Juris Doctor (J.D.) (1978)
Summa Cum Laude, Editor-in-Chief, University of Dayton Law Review

Franciscan University, Bachelor of Arts (B.A.) (1972)
American History

RECOGNIZED CONTRIBUTIONS TO THE LEGAL PROFESSION

The John Marshall Award for Outstanding Legal Achievement, presented by Attorney General Eric Holder (2012)

Professor Edward J. Kelly Franciscan University Alumni
Award for Leadership in Business, Law and Finance (2011)

2016 AV@ Preeminent TM Peer Review Rated by Martindale-Hubbell

AV Preeminent Rating

Highest Possible Rating in Both Legal Ability
& Ethical Standards
martindale.com

BAR MEMBERSHIPS

Ohio (1978)

District of Columbia (1979)

FEDERAL COURT ADMISSIONS

Supreme Court of the United States

United States Court of Appeals for the 1st, 2nd, 4th, 5th, 6th, 7th, 9th, 10th, 11th,  District of Columbia, and Federal Circuits

United States District Court for the District of Columbia

JUDICIAL CLERKSHIPS

Law Clerk to Chief Justice C. William O’Neill of the Ohio Supreme Court

Law Clerk to Acting Chief Justice Robert Leach of the Ohio Supreme Court

Law Clerk to Chief Judge Carl Kessler of the Montgomery County Court of Common Pleas in Dayton (as a law student)

ADJUNCT PROFESSOR

Appellate Advocacy (2018)

Washington College of Law at American University

Banking and Financial Institutions: U.S. Regulation (2009-present)

Washington College of Law at American University

Legal Writing and Introductory Advocacy (2006-2007)

Washington College of Law at American University

Agency and Partnership Law (2005)

Columbus School of Law at Catholic University

Legal Writing and Introductory Advocacy (2000-2003)

The George Washington School of Law

TRIAL AND APPELLATE PRACTICE

Litigation Associate, Cadwalader, Wickersham & Taft, Washington, D.C. (Am Law 100) (1979-1985)

Senior Trial Counsel, Torts Branch, U.S. Department of Justice, Washington, D.C. (1985-1991)

Appellate Counsel, Appellate Litigation Unit, Federal Deposit Insurance Corporation, Washington, D.C. (1991-1998)

Trial and Appellate Counsel, Commercial Litigation Branch, U.S. Department of Justice, Washington, D.C. (1998-2006)

Trial and Appellate Counsel, Legal Division, Office of the Comptroller of the Currency, Washington, D.C. (2006-2010)

Appellate Counsel, Appellate Litigation Unit, Federal Deposit Insurance Corporation, Washington, D.C. (2010 to 2016)

Principal, Madden Law PLLC (2017)