Ilana has argued 5 cases in the U.S. Supreme Court and brief dozens of others at the merits and certiorari stages. Ilana has successfully briefed and argued numerous cases in the federal courts of appeals. She regularly represents and counsels clients on appellate and post-trial matters. Ilana also works closely with trial teams to develop legal strategy, draft and argue pre-trial motions and post-trial briefs, and preserve legal arguments at all stages of litigation. Recent and current representative matters include:

  • Lead counsel for major pharmaceutical manufacturer in the multi-district litigation, In re Generics Antitrust Litigation
  • Lead appellate counsel for major pharmaceutical manufacturer in large multi-district litigation involving product liability and failure-to-warn claims.
  • National coordinating counsel for a major medical device manufacturer on issues of preemption of product-liability claims
  • Represented distributor/importer of infusion pump in successfully dismissing qui tam False Claims Act lawsuit alleging device defects and purported failure to report product recalls
  • Represented pharmaceutical manufacturer in federal civil litigation against private payors alleging fraud, kickbacks, and off-label marketing
  • Lead appellate attorney for major device manufacturer in Ninth Circuit appeal on issues of federal preemption under 21 U.S.C. 360k, implied preemption, and causation
  • Appellate counsel embedded with trial team representing Ethicon, Inc. and Johnson & Johnson in Pennsylvania pelvic mesh litigation, resulting in a defense verdict at trial
  • Argued appeal to Second Circuit on behalf of a major credit-card processing company in case involving complex software copyright and licensing agreements
  • Represented multinational tire manufacturer in Fourth Circuit appeal from $40 million negligent manufacturing verdict
  • Represented public gaming corporation in the Pennsylvania Supreme Court in successful equal protection challenge to Pennsylvania taxation scheme
  • Represent space exploration corporation in post-trial and appeal to the Third Circuit in breach of contract action

Representative Supreme Court and Appellate Experience:

  • Moore v. Texas, No. 18-443 (S. Ct. 2019): Author of a brief on behalf of amicus curiae the American Bar Association in support of Mr. Moore, arguing that his death sentence should be summarily reversed as inconsistent with the Eighth Amendment standard for diagnosing intellectual disability. The U.S. Supreme Court granted summary reversal of Mr. Moore's capital sentence.
  • Lucia v. Securities and Exchange Commission, No. 17-130 (S. Ct. 2018): Author of brief on behalf of amicus curiae Equity Dealers of America describing due process concerns posed by the SEC's administrative forum
  • Microsoft v. United States, No. 17-2 (S. Ct. 2018): Author of brief on behalf of amici curiae DIGITALEUROPE, Syntec Numérique, and other European national trade organizations asking the Court to consider the potential conflict between the Stored Communications Act and the GDPR
  • Dahda v. United States, No. 17-43 (S. Ct. 2017): Author of brief on behalf of amicus curiae the National Association of Criminal Defence Lawyers and the Electronic Frontier Foundation on Title III's territorial limits on cellular wiretaps
  • Masterpiece Cakeshop LTD v. Colorado Civil Rights Commission, No. 16-111 (S. Ct. 2017): Author of amicus brief on behalf of the Lawyers' Committee for Civil Rights Under Law and eight other national civil rights organizations in support of Colorado's public accommodation law, which prohibits discrimination on the basis of sexual orientation
  • Howell v. Howell, 137 S. Ct. 1400 (2017): Federal preemption of state-court division of military disability benefits (argued)
  • Manuel v. City of Joliet, 137 S. Ct. 911 (2017): Held that pre-trial detention without probable cause violates the Fourth Amendment and may give rise to a federal civil rights claim (argued)
  • Menominee Tribe v. United States, 136 S. Ct. 750 (2016): Clarified proper application of equitable tolling principles in a contracting dispute with the federal government (argued)
  • United States v. Voisine, 136 S. Ct. 2272 (2016): Determined the scope of the federal prohibition on firearms by domestic abusers (argued)
  • Ohio v. Clark, 135 S. Ct. 2173 (2015): Held the Sixth Amendment's Confrontation Clause to be inapplicable to out-of-court statements given by an abused child to his teacher (argued)
  • Cooper v. Harris, 137 S. Ct. 1455 (2017): Author of the brief for the United States as amicus curiae on the legal and factual requirements for proving a racial gerrymandering claim
  • Athena Cosmetics, Inc. v. Allergan, Inc., cert denied, 135 S. Ct. 2886 (2015): Author of brief for the United States as amicus curiae, filed at the invitation of the Supreme Court, involving implied preemption under the Food, Drug and Cosmetic Act of a state-law unfair competition suit

Trial Level Experience:

Ilana has extensive trial experience – she has tried 11 jury trials to verdict and handled more than 100 federal cases, and numerous state court trial matters. 

Representative Investigation Experience:

As a former federal prosecutor, Ilana has extensive investigation experience in front of the federal grand jury; in cases involving parallel civil, criminal, and administrative investigations, and running joint-task forces that utilize federal, state, and local partnerships. Representative matters include:

  • Pharmaceutical-pricing investigation of a large, publicly traded pharmaceutical company and pharmacy benefit management company involving False Claims Act and anti-kickback allegations resulting in a global US $16 million settlement
  • Major securities and a financial-fraud investigation of a publicly traded banking institution and its senior officers
  • Off-label marketing investigation of a major pharmaceutical company involving the marketing and distribution of several blockbuster medications
  • One-and-a-half-year investigation into the murder-for-hire of a government witness killed on the eve of trial
  • Leak investigation into unauthorized disclosure of a federal grand jury investigation of a member of the US House of Representatives
  • Multi-million dollar credit-card scam investigation involving employees of publicly-traded commercial bank
  • Investigation of credit-card skimming operation at local retail establishments run by an Eastern-European crime organization
  • Multi-million dollar tax fraud ring involving more than one thousand stolen identities and falsely filed tax returns
  • Federal wiretap investigations involving large teams of federal, state, and local law enforcement
  • Numerous national drug-trafficking investigations of major narcotics distributors, including money laundering, asset forfeitures and seizures