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Samantha Chaifetz

Partner

Co-Chair, Appellate Advocacy Practice

About

Samantha Chaifetz is co-chair of the firm's Appellate Advocacy Practice. A nationally recognized litigator, Samantha has two decades of experience advising clients and litigating complex civil appeals presenting questions of constitutional law, statutory interpretation, and administrative law.

Samantha regularly briefs and argues issues of first impression in federal and state courts across the country. She has served as appellate counsel in more than 100 matters and presented oral argument in more than 40 federal appeals.

Samantha draws on government and private sector experience to help clients across industries navigate their most significant legal challenges and commercial disputes. Her practice includes representing life sciences and technology companies in multidistrict and class-action litigation, foreign financial institutions in cross-border litigation, and regulated entities in federal and state administrative law challenges. Her representations span the full life cycle of disputes — from early strategic planning and issue development through appellate review.

Before joining DLA Piper, Samantha was an award winning appellate attorney in the Civil Division of the United States Department of Justice, where she served as lead appellate counsel for the government in high stakes litigation. Her federal experience includes challenges to agency programs and regulations, including Administrative Procedure Act matters, and to the constitutionality of federal statutes, including the Affordable Care Act. She also handled complex tort cases, privacy litigation arising from data breaches, False Claims Act suits, and Federal Arbitration Act disputes. Samantha has a strong track record of drafting successful Supreme Court filings, including petitions for certiorari, briefs in opposition, and merits briefs, and negotiating resolutions in high profile matters.

Samantha's pragmatic approach to strategic counseling is also informed by former roles in the White House and on the Hill, including prior positions as Deputy Counsel to the Vice President (2021 — 2022) and counsel to the Senate Judiciary Committee's Subcommittee on Privacy, Technology and the Law (2014 — 2015).

Bar admissionsNew YorkDistrict of Columbia
CourtsSupreme Court of the United StatesUnited States Court of Appeals for the District of Columbia CircuitUnited States Court of Appeals for the First CircuitUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Fourth CircuitUnited States Court of Appeals for the Fifth CircuitUnited States Court of Appeals for the Sixth CircuitUnited States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Eleventh CircuitUnited States District Court for the Southern District of New YorkUnited States District Court for the Eastern District of New York

EXPERIENCE

Samantha is a seasoned appellate advocate. She has briefed cases in all of the federal circuits and presented oral arguments in cases before the US Courts of Appeals for the District of Columbia, Federal, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth and Eleventh Circuits.

Since joining DLA Piper, Samantha has successfully advised and represented clients in state and federal trial and appellate courts. These matters include pending commercial lawsuits, product liability litigations, and government-facing disputes. Representative work includes:

  • Successfully defending dismissal of putative class action against cybersecurity distributor following major outage
  • Successfully representing foreign banks in contract disputes in district court and on appeal
  • Successfully representing major pharmaceutical and medical device companies in suits in state and federal courts alleging misbranding
  • Providing strategic pre-litigation counseling to companies facing emerging patchworks of state regulations concerning consumer products
  • Advising overseas client on avoidance of potential defamation suits arising from social media postings
  • Collaborating with government affairs colleagues to provide cross-cutting support in opposition to adverse proposed state laws

Before joining DLA Piper, Samantha was a distinguished member of the Appellate Staff of the Civil Division at the United States Department of Justice. Samantha counseled and represented all 15 federal executive departments and numerous other federal entities, addressing their needs at all stages of litigation – from pre-litigation planning through post-litigation compliance. She served as lead appellate counsel in high-stakes cases implicating diverse practice areas and subject matters – including challenges to HHS regulations, Department of Energy programs, Commerce Department rules, Department of Transportation orders, and State Department determinations. Her work was recognized by the Federal Bar Association and the Department of Justice, including the Attorney General's award for exceptional service for her role in the Affordable Care Act litigation that culminated in the Supreme Court's decision in NFIB v. Sebelius.

During her government service, Samantha also held roles in both the executive and legislative branches. She served as Deputy Counsel to the Vice President (2021 2022), advising on compliance, policy, and oversight matters, including legal issues related to the National Space Council, and previously worked with the White House Office of Communications (2010). She also served as counsel to the Senate Judiciary Committee's Subcommittee on Privacy, Technology and the Law (2014 2015).

Samantha clerked for the US Court of Appeals for the Ninth Circuit and the US District Court for the Eastern District of Pennsylvania.

AWARDS AND RECOGNITION

  • LawDragon 500 Leading Litigators in the United States, 2026
  • DLA Piper, Americas Pro Bono Award Winner, 2025
  • DC Courts, Capital Pro Bono Honor Roll, 2025, 2024 (High Honor Roll), 2023
  • Attorney General's Exceptional Service Award and DOJ Civil Division's Special Commendation for her work in successful defense of the Affordable Care Act, 2013
  • DOJ Environment and Natural Resources Division Award for Excellence for her representation of the Division in litigation under the Freedom of Information Act, 2013
  • DOJ Civil Division Special Commendation for her successful defense of the Adam Walsh Child Protection and Safety Act, 2012
  • Federal Bar Association's Younger Federal Lawyer Award for achievements in her first five years as a justice department attorney, 2012 
  • DOJ Civil Division Award for her role in a successful class action defense, 2008
Education
  • J.D., Yale Law School
    Yale Law Journal, senior editor
    Yale Journal of Health Policy, Law, and Ethics, Co-Editor-in-Chief
  • B.A., Harvard University
    magna cum laude
    Phi Beta Kappa

Publications

  • Co-Author, "Chevron Overruled: Loper Bright v. Raimondo and the Changing Federal Regulatory Landscape," Texas Practical Business Law Journal, June 2025
  • Co-author, "White House Announces National Fraud Enforcement Division: Top Points," Journal of Federal Agency Action, May – June 2026
  • Co-author, "Why Now Might Be a Great Time to Sue the Government," The Legal Intelligence, November 6, 2024

REPRESENTATIVE PRESENTATIONS

  • LegalWeek, Deep Dive: Future State of the Industry, March 11, 2026 (Panel)
  • DLA Roundtable, EPA endangerment finding withdrawal – legal and regulatory considerations, February 25, 2026 (Panel)
  • Strafford Webinar, Implications of Recent SCOTUS Rulings for Regulated Industries, December 5, 2024 (CLE Co-Presenter)
  • ABA Tax Meeting, The Death Knell for Deference: Will It Actually Matter to My Clients? Employee Benefits Committee, September 23, 2024 (Panel)
  • DLA Piper, Washington Matters, Overturning Chevron: What's Next?, September 10, 2024 (Podcast)
  • DLA Piper, Policy Matters, Counseling Companies Post-Chevron, September 10, 2024 (Panel)
  • DLA Piper, Appellate Roundtable: The Landscape for Strategic Litigation Against The Government, May 15, 2024 (CLE/Panel)
  • ABA Tax Meeting, To Defer or Not To Defer: What Does The Potential Elimination of Chevron Deference Mean to My Clients? May 4, 2024 (Panel)
  • Appellate Judges Education Institute (AJEI) Summit, Making the Non-Argument Sections of Briefs Persuasive, November 5, 2023 (Panel)
  • ABA Administrative Law Conference, Judicial Review of Agency Rules, CLE panel member, 2020 – 2022

Media Mentions

  • Courthouse News Service, "Stranded airline passengers ask Fifth Circuit to restore damage claims against CrowdStrike," March 30, 2026
  • Law360, "Fifth Circuit Hesitant To Revive CrowdStrike Class Action," March 30, 2026
  • Bloomberg News, "Lebanese Bank Prevails in Customers' N.Y. Money Transfer Appeal," April 28, 2025
  • Bloomberg Law, "High Court Creates Litigation Openings for Regulation Challenges," November 25, 2024
  • Modern Healthcare, "DSH Payments Are Back At the Supreme Court: 3 Things To Know," November 5, 2024
  • STAT, "Supreme Court undercuts regulators' authority across government," June 28, 2024
  • Bloomberg News, "401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version," May 7, 2024
  • Reuters, "US appeals court weighs challenge to Pfizer diversity fellowship," October 3, 2023
  • Courthouse News, "Tennessee Argues Against Medicaid Benefits for Refugees," March 19, 2019
  • The Tennessean, "Federal Court Dismisses Tennessee's Lawsuit Against Federal Government Over Refugee Resettlement," July 24, 2019
  • Oregon Live, "DEA asks appellate court to overturn judge's ruling requiring warrants for Oregon prescription database," November 7, 2016

CLERKSHIPS

  • Law clerk to Judge H. Pollak, US District Court for the Eastern District of Pennsylvania
  • Law clerk to Judge Betty B. Fletcher, US Court of Appeals for the Ninth Circuit

Memberships and Affiliations

  • Master, Edward Coke Appellate Inn of Court
  • Member, Women's Bar Association of DC

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