GoodwinGoodwin
Jaime Santos

Jaime A. Santos

PartnerCo-Chair, Appellate & Supreme Court Litigation
Washington, DC
+1 202 346 4034
Jaime A. Santos
Washington, DC
+1 202 346 4034

Jaime A. Santos is co-chair of Goodwin’s Appellate and Supreme Court Litigation practice, a member of the firm’s ERISA Litigation and Life Sciences Disputes groups, and co-chair of Goodwin’s Dobbs Task Force. Her work in appellate litigation, ERISA litigation, IP Litigation, and DEI issues have led to her being recognized as a DC Rising Star by the National Law Journal, a Rising Star by Law360, and a Top 250 Women in Litigation by Benchmark Litigation. She is ranked by Chambers USA for both ERISA Litigation and Appellate Litigation, and she has also received Corporate Counsel’s Women, Influence & Power in Law Award; DCA Live’s Emerging Women Leader Award; and the D.C. Bar Communities Lawyer of the Year Award.

Jaime’s work focuses on appellate matters and complex civil litigation in federal courts, including ERISA litigation, patent litigation, class actions, constitutional law, and product litigation. She has argued before the Supreme Court of the United States and more than half of the federal courts of appeals. Most recently, Jaime successfully argued before the Supreme Court in Wilkinson v. Garland, an important case about the reviewability of immigration decisions that the Court decided 6-3 in favor of our client Situ Wilkinson, and she recently won two significant ERISA appeals before the Third and Eleventh Circuits on behalf of firm clients MetLife and John Hancock.

Jaime also regularly speaks publicly about matters affecting the Supreme Court, as well as diversity and bias within the legal profession. She previously co-hosted the Supreme Court podcast Strict Scrutiny and has been a guest on numerous podcasts and programs, including NPR’s All Things Considered, the National Constitution Center’s podcast We the People, and Bloomberg’s podcast Cases and Controversies. Jaime currently serves as on the Board of Directors of the Washington Lawyers’ Committee and has served on the Executive Committee of the Edward Coke Appellate Inn of Court (the first American Inn of Court dedicated to appellate practice), the MacArthur Justice Center Supreme Court & Appellate Advisory Board, the National Women’s Law Center’s Leadership Advisory Council, and as an appellate mentor for The Appellate Project—an organization committed to empowering law students of color to thrive in the appellate field.

Jaime maintains an active pro bono practice and was the 2023 winner of Robert B. Fraser Award, which Goodwin presents annually to one partner who has provided significant service to pro bono clients. She has also received awards for her commitment to pro bono civil rights work from the Lawyers’ Committee for Civil Rights and from Goodwin.

In addition to her pro bono practice, Jaime has been a thought leader in preventing and addressing bias and harassment in the legal profession. She speaks at conferences across the country, has testified before the Senate Judiciary Committee and Judicial Conference of the United States, has advised state and federal courts on improving the policies and processes governing inappropriate conduct in the workplace, and has published several articles on the topic.

Before joining Goodwin in 2013, Jaime served as a law clerk to the Honorable George H. King of the U.S. District Court for the Central District of California, and to the Honorable Raymond C. Fisher of the U.S. Court of Appeals for the Ninth Circuit. In law school, she was a supervising editor for the Harvard Law Review.

Experience

Since joining Goodwin, Jaime has handled complex litigation matters in the Supreme Court, in every federal court of appeals; in state appellate courts in California, Louisiana, and Massachusetts; in the U.S. Patent and Trademark Office; and in various state and federal trial courts.

Her recent victories include:

  • Immigration – Jaime led a team that successfully petitioned the Supreme Court to review a Third Circuit decision holding that federal courts lack jurisdiction to review decisions by immigration judges and the Board of Immigration appeals denying cancellation of removal, an important form of immigration relief for noncitizens who have long resided in the United States and have established deep roots, including families, in this country. Once the Supreme Court granted review, Jaime served as lead counsel at the merits stage, argued the case before the Supreme Court during “an unusually high-spirited day at the Supreme Court,” and won reversal in a 6-3 decision.
  • Article III Standing – Jaime led a team that represent MetLife Group, Inc. in the Third Circuit to defend a district court decision dismissing for lack of Article III standing a putative ERISA class action challenging the retention of pharmaceutical rebates by a plan sponsor. Jaime Served as lead counsel on appeal, argued on behalf of Metlife, and successfully obtained affirmance of the favorable judgment below in a published opinion.
  • Patent Litigation – Jaime served as lead counsel to successfully defend a patent-infringement bench-trial decision in the Federal Circuit on behalf of a life-sciences company. In a published opinion, the Federal Circuit rejected all five arguments advanced by the defendant regarding two different patents, including issues of claim construction, enablement, written description, and infringement.
  • ERISA Fiduciary Status – Jaime led a team that represented John Hancock Life Insurance Company (USA), a leading financial institution, in a nationwide ERISA class action in the Eleventh Circuit involving novel issues regarding the treatment of foreign tax credits or deductions under ERISA. The district court granted summary judgment in John Hancock’s favor after concluding that John Hancock was an ERISA fiduciary with respect to its treatment of corporate tax credits.  Jaime served as lead counsel on appeal and, after argument, successfully obtained affirmance of the favorable judgment below in a published opinion that noted the issues of first impression involved in the case.
  • Class Certification – Jaime led a team that successfully petitioned the Second Circuit for interlocutory review of a decision certifying a nationwide class of 8,000 retirement plans.  Jaime served as lead counsel on the merits and, after arguing the appeal, successfully obtained vacatur of that decision on behalf of the Teachers Insurance and Annuity Association of America, a leading retirement plan service provider and financial institution. 
  • Product Litigation – Jaime served as lead counsel for a generic pharmaceutical company in a Third Circuit appeal addressing issues of federal preemption and state tort law. After argument, Jaime successfully obtained affirmance of the district court decision dismissing the plaintiffs’ product-liability claims under both state and federal law.

Jaime’s other recent matters include:

  • Successfully represented The Boeing Company in a Fifth Circuit consumer class action appeal regarding a certified class of more than 200 million travelers.  The Fifth Circuit reversed class certification and ordered the district court to dismiss the case for lack of standing.
  • Defended a 401(k) plan sponsor in an ERISA case involving an employee stock ownership plan (ESOP) on behalf of a public company. Obtained dismissal at the pleading stage in the district court and served as lead counsel on appeal to defend that favorable decision following argument in the Second Circuit.
  • Successfully led briefing and presented oral argument in the Third Circuit and California Court of Appeal regarding preemption issues under the Supreme Court’s decisions in PLIVA, Inc. v. Mensing, 564 U.S. 604 (2011), and Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341 (2001), on behalf of nearly a dozen pharmaceutical manufacturers.
  • Successfully challenged an anti-panhandling ordinance enacted by the City of Albuquerque that closed down traditional public fora to all expressive activities. Successfully argued the motion for summary judgment in the district court and the Tenth Circuit appeal successfully defending that victory.
  • Co-authored brief and contributed to oral argument preparation in Washington v. United States, 138 S. Ct. 1832 (2018) (Mem.), a Supreme Court case about fishing rights under 19th century Indian treaties.
  • Contributed to briefing and oral argument preparation in Supreme Court litigation regarding the standard of review of patent claim construction. Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 135 S. Ct. 831. The Supreme Court agreed with Teva by a vote of 7-2 that factual issues relevant to claim construction decisions are reviewed for clear error.
  • Successfully represented financial institutions in appeals before the Fifth and Ninth Circuits involving statute-of-limitations issues and foreclosure requirements.
  • Presented oral argument and successfully persuaded the Ninth Circuit in two appeals to reverse dismissal of complaints filed by an inmate under 42 U.S.C. § 1983, and to reverse decisions denying the appointment of pro bono counsel.
  • Part of a team that monitored the domestic ethics program of one of the largest publicly traded companies in the United States, including the preparation of compliance and improvement reports.

Areas of Practice

Credentials

Education

JD2011

Harvard Law School

(magna cum laude)

BA2005

University of San Diego

(summa cum laude)

Clerkships

U.S. Court of Appeals for the Ninth Circuit, Honorable Raymond C. Fisher

U.S. District Court for the Central District of California, Honorable George H. King

Admissions

Bars

  • District of Columbia
  • California
  • Massachusetts

Courts

  • U.S. District Court for the Central District of California
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Supreme Court

Recognition & Awards

Jaime was ranked by Chambers USA in ERISA litigation and Appellate law in 2024. She was also recognized by Legal 500 US as a Next Generation Partner for her work in Appellate and a Recommended Lawyer for her work in ERISA litigation.

Jaime has received numerous awards for her work on appellate cases, ERISA cases, and her thought leadership regarding diversity, equity, and inclusion. Benchmark Litigation has named Jaime a Litigation Star and one of the Top 250 Women in Litigation list; they also named her to the 40 & Under Hot List. In 2022, she was named a DC Rising Star by the National Law Journal and a Law360 Rising Star; she also received DCA Live’s Emerging Women Leaders in Law award. In 2021, Jaime was recognized by Corporate Counsel’s Women, Influence & Power in Law Awards 2021 in the Thought Leadership category. She has also been recognized by The Best Lawyers in America for her work in Litigation – ERISA in 2023 and 2024.

Publications, Speaking Engagements, and Press Coverage

Jaime's recent publications include:

Jaime’s recent speaking engagements include:

Recent press mentions and coverage include:

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