Michael J. Mongan is an associate in the San Francisco office of Munger, Tolles & Olson. He focuses his practice on complex civil litigation and appellate litigation.
At the trial level, Mr. Mongan has represented parties in federal and state courts in California, Florida, Illinois, Indiana, Massachusetts, and the District of Columbia, in actions involving antitrust claims, trade secret misappropriation, copyright and patent infringement, products liability, and federal and state securities claims. He recently defended a large technology company in an antitrust action regarding the sale of video game accessories; a major national bank in four separate actions arising out of the issuance of mortgage-backed securities; and a manufacturer of window components in a suit involving theories of negligence and strict liability.
Mr. Mongan has also represented clients before federal and state appellate courts, and at the certiorari and merits stage before the United States Supreme Court. This work includes representing a pharmaceutical company before the Supreme Court in FTC v. Actavis, No. 12-416, a case involving the application of federal antitrust laws to settlements of Hatch-Waxman litigation; successfully opposing certiorari in a patent dispute, Hynix Semiconductor Inc. v. Rambus Inc., 132 S. Ct. 1540 (2012); representing a large internet company in an appeal regarding class certification before the Ninth Circuit; and representing a national bank in an appeal before the Second Circuit concerning the jurisdictional scope of the Edge Act, 12 U.S.C. § 632.
In addition, Mr. Mongan is active in the firm’s pro bono practice. In Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, 131 S. Ct. 2806 (2011), he represented respondent Clean Elections Institute in defending the constitutionality of Arizona’s system for the public financing of elections. He also recently drafted an amicus brief on behalf of floating home owners in a Supreme Court case involving the scope of the term “vessel” under federal maritime law, Lozman v. City of Riviera Beach, 133 S. Ct. 735 (2013), which was cited by both the majority and dissenting opinions.
Before joining the firm, Mr. Mongan served as the Deputy Counsel to Vice President Joseph R. Biden. In that capacity, Mr. Mongan advised the Vice President and his staff on constitutional, statutory, national security, and regulatory issues and Senate procedure, and helped to prepare Justice Sonya Sotomayor and Justice Elena Kagan for their Senate confirmation hearings. Mr. Mongan also coordinated the Vice President’s response to litigation and congressional inquiries, was responsible for ethics matters, and vetted candidates for judicial and executive nominations.
Prior to serving in the Office of the Vice President, Mr. Mongan was a law clerk for Judge Merrick B. Garland of the U.S. Court of Appeals for the District of Columbia Circuit and Justice David H. Souter of the U.S. Supreme Court. He also worked on the staff of the Obama Presidential Transition.
Mr. Mongan graduated from Stanford Law School in 2006. He received the Urban A. Sontheimer Award, was elected to the Order of the Coif, and was an editor of the Stanford Law Review. He received his bachelor’s degree in political science from Stanford University in 2001, where he was elected to Phi Beta Kappa and awarded the Firestone Medal for his senior thesis on ethnic politics.
Between college and law school, Mr. Mongan served on the staff of the U.S. Senate Finance Committee, focusing on Medicare and other health policy issues. He also worked in the office of U.S. Rep. Mike Honda.
Mr. Mongan is a fourth-generation Californian, and lives in Corte Madera with his family.