Jaime A. Santos

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.

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.

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.

Jaime's recent publications include:

• Co-Author, “Supreme Court Grants Review in ERISA Class Action Challenging Plan Sponsor’s Recordkeeping Arrangement,” Goodwin Alert, October 17, 2024
• Co-Author, “Alabama IVF Clinics: Potential Implications of the LePage Case,” Goodwin Alert, February 23, 2024
• Co-Author, “Supreme Court Limits Expression-Based Defenses to Trademark Claims,” Goodwin Alert, June 9, 2023
• Co-Author, “Co-Author, “Supreme Court Clarifies Copyright Fair Use Defense in Andy Warhol Foundation v. Goldsmith,” Goodwin Alert, May 19, 2013,” Goodwin Alert, May 19, 2013
• Co-Author, “A Tale of Two Lawsuits: Federal Court in Texas Suspends FDA Approval of Medication Abortion Drug Mifepristone Nationwide, While Federal Court in Washington Orders FDA to Not Alter Availability of Mifepristone in 17 States and DC,” Goodwin Alert, April 11, 2023
• Co-Author, “In Burke v. Boeing, Seventh Circuit Aptly Rejects ESOP Beneficiaries’ Stock-Drop Insider Claims,” Washington Legal Foundation November 11, 2022
• Author, “The Perils of Engaging on Social Media for Women Lawyers: Are the Benefits Worth the Risks?,” Idaho Law Review, 2021 
• Co-Author, “COVID Eviction Bans May not Continue to Survive in Court,” Law360, April 30, 2021
• Author, “When Justice Behaves Unjustly: Addressing Sexual Harassment in the Judiciary,” American Judges' Association: Court Review, March 14, 2019
• Co-Author, “Next Steps in the Federal Judiciary’s #MeToo Moment,” The National Law Journal, January 30, 2018

Jaime’s recent speaking engagements include:

• Speaker, “SCOTUS Term Preview,” Oklahoma City Bar Association, November 12, 2024
• Speaker,  "Artificial Intelligence and Appellate Practice,” American Academy of Appellate Lawyers Fall Meeting, October 25, 2024
• Speaker,  "Supreme Court Review,” Association of General Counsel Fall Meeting, October 2, 2024
• Speaker,  "Supreme Court Review: Women on the Docket,” Harvard Law School Celebration 70+, April 5, 2024
• Speaker, “WLC's Immigration Supreme Court Webinar: Wilkinson v. Garland,” Washington Lawyers’ Committee, March 27, 2024
• Speaker, “Abortion at the Supreme Court (Again),” Goodwin Webinar, March 27, 2024
• Speaker, “Decoding the Supreme Court,” Retail Law Conference, Retail Industry Leaders Association, October 26, 2023
• Speaker, “CFPB v. Consumer Financial Services Association of America: Post-Argument Debrief on the Constitutionality of the CFPB,” Goodwin Webinar, October 4, 2023
• Speaker, “DC Bar’s Supreme Court Review & Preview,” DC Bar, September 21, 2023
• Speaker, “Reactions to Amgen v. Sanofi and the Future of Patent Law’s Enablement Requirement,” Goodwin Webinar, March 28, 2023
• Speaker, “Fair Use Transformed? Lessons from Google v. Oracle and Warhol Foundation v. Goldsmith,” USC Gould School of Law's 2023 Intellectual Property Institute, March 21, 2023
• Guest, “The October Term 2022 Preview,” SCOTUSTalk, September 26, 2022
• Speaker, “Dealing with Dobbs: Considerations for Employers,” Goodwin Webinar, September 14, 2022
• Guest, “Supreme Court Calm Before the Storm,” Bloomberg's Court Chatter, June 17, 2022
• Speaker, “Fiduciary Litigation: A Double-Edged Sword,” DCIIA SPARK 2022 Public Policy Forum, June 9, 2022
• Guest, “What’s Left for Supreme Court,” Bloomberg Law “Cases and Controversies” Podcast, May 27, 2022
• Speaker, “ERISA Litigation/Appellate Supreme Court Ruling on Hughes V. Northwestern,” Goodwin Webinar, January 31, 2022
• Speaker, “A Post-Pandemic Future: Creating an Inclusive Hybrid Workplace,” 2022 Goodwin CLE Day, January 19, 2022
• Speaker, “The U.S. Supreme Court’s 2021–2022 Term: What Company Counsel — and Citizens — Need to Know,” Goodwin Webinar, September 29, 2021
• Moderator, “Remembering RBG: A Celebration of the Life & Legacy of Ruth Bader Ginsburg,” Goodwin Webinar, March 16, 2021
• Speaker, “Supreme Court Litigator Roundtable: Dissecting Recent, Winning (and Losing) Arguments — and the Impact on Future Litigation Outcomes,” ACI's 18th Annual ERISA Litigation Conference, November 18, 2020
• Guest, “The Ford Personal Jurisdiction Cases: A Preview to Oral Argument in the Supreme Court,” ABA’s Sound Advice Podcast, September 18, 2020
• Speaker, “Sexual Harassment in TV and Film,” 2020 Goodwin CLE Day, January 27, 2020
• Speaker, “Supreme Court Practitioners Panel,” 17th National Forum on ERISA Litigation, November 19, 2019

Recent press mentions and coverage include:

• “Supreme Court Last Stop for Goodwin Partner Before Leaving Firm,” Bloomberg Law, November 11, 2024
• “Rare All-Female Lineup to Argue Supreme Court Abortion Pill Case,” Bloomberg Law, March 23, 2024
• “Blind Drug Mules and Alito as 'Chaos Inciter',” Law.com, March 20, 2024
• “Goodwin Prevails on Behalf of Immigration Petitioner at U.S. Supreme Court in Wilkinson v. Garland,” Press Release, March 20, 2024, Press Release, March 20, 2024
• “New Jersey Joins Second Amicus Brief Filed in Mifepristone Fight Before US Supreme Court,” Law.com, February 2, 2024
• “Goodwin Files Amicus Brief on Behalf of Reproductive Freedom Alliance Urging Supreme Court to Respect Longstanding FDA Authority & Access to Safe Abortion Medication,” Press Release, January 30, 2024
• “John Hancock Gets Warm Reception in Foreign Tax Credit Appeal,” Bloomberg Law, January 26, 2024
• “John Hancock Clients Owed Tax Credit Perk, 11th Circ. Told,” Law360, January 26, 2024
• “Alito's Bad Coworkers and Kagan's Vote Of Confidence,” Law.com, November 29, 2023
• “CFPB’s Future at Stake as Supreme Court Hears Funding Arguments,” Bloomberg Law, October 2, 2023
• “First-Time Advocates Dominate High Court’s Fall Schedule,” Law360, September 29, 2023
• “Kagan, Sotomayor Trade Rare Barbs in Warhol High Court Case,” Bloomberg Law, May 19, 2023
• “Supreme Court Off to Historically Slow Start in Contentious Term,” Bloomberg Law, December 12, 2022
• “Goodwin Secures Victory for Teachers Insurance and Annuity Association of America in Second Circuit,” Press Release, December 12, 2022
• “Appellate Litigation Team Secures Boeing Victory in RICO Class Action Suit,” Press Release, November 30, 2022
• “Andy Warhol’s Prince Image Brings Question of What Is Unique Art to Supreme Court,” Bloomberg Law, October 11, 2022
• “Judge Subjected Staff to Insults, Outbursts, Court Investigation Finds,” Washington Post, September 15, 2022