Allison Day (she/her/hers) is a litigation associate in the San Francisco office of Munger, Tolles & Olson.

Ms. Day handles complex civil litigation for clients across multiple industries, with a focus on the unique issues facing technology companies, regulated industries and higher education institutions.  She is an experienced case manager with particular expertise advising clients and teams facing complex eDiscovery challenges.

Ms. Day represents clients at all stages of litigation, with a recent focus in the following areas:

  • For her clients in the technology industry, she provides pre-litigation advice and manages all aspects of fast-paced litigation. Through this work, she has significant experience translating complex transactions and expert opinions into clear narratives for presentation to judges and juries.
  • In the regulated industries space, she represents clients in the transportation and energy sectors at the trial and appellate levels in both federal and state court. Her work in this area often involves writing briefs addressing complex regulatory schemes and legal issues.
  • In her work for higher education institutions, she represents clients in litigation related to admissions practices and data privacy, including defeating a California Public Records Act lawsuit that sought disclosure of individualized race and academic data for students and applicants at a public university.

Before attending law school, Ms. Day taught high school math in Washington, D.C., as part of the Teach For America program. Her pro bono practice reflects her ongoing commitment to students and immigrant communities, including representing Native American students seeking access to adequate public education and a detained individual seeking immigration relief in appellate and habeas proceedings. She is also a member of the advisory board for OneJustice.

Prior to joining the firm, Ms. Day served as a law clerk to Judge Susan L. Carney of the U.S. Court of Appeals for the Second Circuit and Judge Carol Bagley Amon of the U.S. District Court for the Eastern District of New York.

Experience

Key Representations

  • Plains All American Pipeline in federal and state litigation following an oil spill near Refugio State Beach.
  • A multinational technology company in an expedited arbitration involving a complex series of contract and accounting disputes.
  • A major freight railroad in obtaining an injunction on preemption grounds, protecting a construction project in a key interstate corridor and successfully defending the injunction on appeal.
  • The Regents of the University of California in
    • Defeating a lawsuit that sought to require the university to disclose individualized race and academic data of every student who had applied or attended the university over a dozen-year period.
    • A lawsuit alleging the university’s use of SAT and ACT scores in undergraduate admissions discriminated against students on the basis of race and disability.
  • The President and Chancellors of the University of California in an amicus brief before the U.S. Supreme Court opposing a challenge to the use of race as a factor in university admissions.

Publications

  • Guiding Griswold: Reevaluating National Organizations’ Role in the Connecticut Birth Control Cases, 22 Cardozo Journal of Law & Gender 191 (2016)

Experience

Key Representations

  • Plains All American Pipeline in federal and state litigation following an oil spill near Refugio State Beach.
  • A multinational technology company in an expedited arbitration involving a complex series of contract and accounting disputes.
  • A major freight railroad in obtaining an injunction on preemption grounds, protecting a construction project in a key interstate corridor and successfully defending the injunction on appeal.
  • The Regents of the University of California in
    • Defeating a lawsuit that sought to require the university to disclose individualized race and academic data of every student who had applied or attended the university over a dozen-year period.
    • A lawsuit alleging the university’s use of SAT and ACT scores in undergraduate admissions discriminated against students on the basis of race and disability.
  • The President and Chancellors of the University of California in an amicus brief before the U.S. Supreme Court opposing a challenge to the use of race as a factor in university admissions.

Publications

  • Guiding Griswold: Reevaluating National Organizations’ Role in the Connecticut Birth Control Cases, 22 Cardozo Journal of Law & Gender 191 (2016)