Gregory M. Lipper

Gregory M. LipperGreg Lipper is a trial and appellate litigator who specializes in high-stakes criminal and civil disputes, often involving complex questions of procedure, statutory interpretation, and constitutional law. Greg is known for his creativity, versatility, lively writing, and skilled oral advocacy. He has represented a range of clients—from financial institutions to media and technology companies to individual plaintiffs and criminal defendants—in everything from federal criminal investigations to securities class actions to cutting-edge First Amendment lawsuits to death-penalty appeals. Greg has also represented parties or amici in over two-dozen cases before the U.S. Supreme Court.

Before joining Clinton Brook, Greg spent six years practicing white-collar criminal defense, commercial litigation, and First Amendment law at Covington & Burling, and then over five years litigating high-profile constitutional cases at Americans United for Separation of Church and State. In the latter position, Greg represented the plaintiffs in a class-action challenge to Alabama’s ban on marriage by same-sex couples, a student-intervenor opposing the University of Notre Dame’s challenge to the Affordable Care Act’s contraceptive-coverage regulations, and the plaintiffs in a major Supreme Court case addressing the constitutionality of prayer before government meetings.

Representative Matters

  • Represented a major financial institution in criminal and SEC investigations, securities and ERISA class actions, and insurance-coverage disputes arising out of an accounting fraud in its subsidiary.
  • Represented the plaintiffs in a class-action constitutional challenge to Alabama’s ban on marriage by same-sex couples.
  • Represented multiple pharmaceutical companies in a racketeering lawsuit brought by the Republic of Iraq arising from United Nations Oil-for-Food Program.
  • Represented the plaintiffs in a landmark government prayer case before U.S. Supreme Court.
  • Represented an auto parts supplier in a federal criminal antitrust investigation.
  • Represented a group of individuals and companies in a complex False Claims Act lawsuit.
  • Represented an Alabama death-row inmate in appeal of his conviction and sentence.
  • Conducted pre-publication review for broadcast journalists; advised major technology company on privacy issues; represented the Newspaper Association of America before Congress in connection with federal reporters’ privilege legislation.
  • Represented a University of Notre Dame student as an intervenor opposing the university’s challenge to the Affordable Care Act’s contraceptive-coverage regulations.
  • Obtained asylum for Eastern European journalist after trial in federal immigration court.

Previous Legal Experience

  • Americans United for Separation of Church and State, Washington, DC
    Senior Litigation Counsel
  • Covington & Burling LLP, Washington, DC
  • Honorable R. Guy Cole, Jr., U.S. Court of Appeals for the Sixth Circuit, Columbus, OH
    Law Clerk

Selected Speeches, Teaching, and Media Appearances

  • Religious Liberty and the Obamacare Contraceptive Mandate, We The People—National Constitution Center podcast, (March 2016)
  • American Faith: The Origin and Meaning of Religious Liberty (panelist), National Constitution Center (September 2015)
  • When Religious Liberty Conflicts with LGBT Rights, Who Wins?, We The People—National Constitution Center podcast, (September 2015)
  • Supreme Court Review (panelist), American Constitution Society, University of Pennsylvania Law School (September 2015)
  • The Contraceptives Coverage Mandate Litigation (plenary speaker), Law, Religion, and Health in America, Harvard Law School—Petrie-Flom Center Annual Conference (May 2015)
  • On the Front Lines of Religious Liberty (panelist), National Constitution Center (April 2015)
  • Religion and Public Schools: Key Decisions and Emerging Trends (panelist), National School Boards Association (March 2015)
  • Hobby Lobby: The Interplay Between the Federal Government and Religion (panelist), American Inns of Court, Schwartz/Levi Chapter (January 2015)
  • The Religion Clauses (guest lecturer), University of Michigan Law School (November 2013)
  • Town of Greece v. Galloway (debate), United States Military Academy (November 2013)
  • Freedom of Speech vs. Separation of Church and State: A Framework for Resolution (panelist), William S. Sessions American Inn of Court (October 2012)
  • First Amendment: The State of Freedom of Religion in 2012 (panelist), Federal Bar Council Bench & Bar Retreat (September 2012)
  • Legal Challenges to School Vouchers (panelist), Pennsylvania Bar Institute: The Future of School Voucher Programs in Pennsylvania (June 2011)
  • Religion and Public Education (panelist), World Learning Visitor Exchange Program (May 2011) (State Department program for visiting delegation of Saudi Arabian professors)
  • Recent Developments: Chevron Corp. v. Perez Pallares, D.C. Bar, Arts, Entertainment, Media and Sports Law Section—Media Law Committee (July 2010)
  • Recent Developments: The Free Flow of Information Act, D.C. Bar, Arts, Entertainment, Media and Sports Law Section—Media Law Committee (October 2009)
  • Federal Courts and the War on Terror (guest lecturer), Northwestern University School of Law (April 2006)

Selected Publications

  • Regular Contributor, Bill of Health blog (Harvard Law School – Petrie-Flom Center)
  • The Contraceptive-Coverage Litigation and Weaponized Free-Exercise Claims in Law, Religion, and Health in the United States (Cambridge University Press, forthcoming 2017)
  • The Contraceptive Coverage Cases and the Problem of Politicized Free Exercise Lawsuits, University of Illinois Law Review (forthcoming)
  • First Amendment Limits on Government Holiday Displays, 66 Planning & Environmental Law 4 (2014)
  • The Foreign Corrupt Practices Act and the Elusive Question of Intent, 47 American Criminal Law Review 1463 (2010)
  • Who (and What) is “The Media”?, Media Law Resources Center Bulletin (June 2010) (coauthor)
  • Comment, Family Educational Rights and Privacy Act—Private Rights of Action, 116 Harvard Law Review 372 (2002)

Honors & Recognition

  • Selected for inclusion, “Rising Stars,” Washington DC SuperLawyers Magazine (2013)
  • Above & Beyond Award, Washington Council of Lawyers (2014)
  • Charles F.C. Ruff Pro Bono Lawyer of the Year Award, Covington & Burling LLP (2006)

Professional Associations

  • Washington Council of Lawyers, Board of Directors and Communications Director
  • American Constitution Society DC Lawyer Chapter, Board of Directors
  • Edward Coke Appellate Inn of Court, Barrister
  • National Association of Criminal Defense Lawyers

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