Overview
Stephen B. Kinnaird is a partner in the Litigation practice of Paul Hastings and co-chair of the Appellate practice. He is based in the firm’s Washington, D.C., office. He has represented clients in numerous cases in the United States Supreme Court, the federal courts of appeals and district courts, and state appellate courts.
A highly experienced appellate lawyer, Mr. Kinnaird has handled matters involving energy, transportation, intellectual property, antitrust, environmental, telecommunications, administrative, criminal, and constitutional law.
Specifically, Mr. Kinnaird has handled cases involving the Communications Act, the Interstate Commerce Act, the Federal Power Act, the Federal Railroad Safety Act, the Federal Employer’s Liability Act, the Social Security Act, the Sherman and Robinson-Patman Acts, the Lanham Act, the Clean Water and Clean Air Acts, CERCLA, the Patent and Trademark Acts, ERISA, the Carriage of Goods by Sea Act, and the Civil Rights Act; the Commerce, Due Process, and Takings Clauses; and the Fourth, Fifth, Sixth, Seventh, Eighth, Tenth, and Eleventh Amendments.
Prior to entering private practice, Mr. Kinnaird served as a law clerk to Justice Anthony M. Kennedy of the United States Supreme Court, and to Judge John M. Walker, Jr. of the United States Court of Appeals for the Second Circuit.
Mr. Kinnaird argued Padilla v. Kentucky in the United States Supreme Court in 2009. The Court ruled in favor of firm client Jose Padilla in holding that the Sixth Amendment imposed duties upon defense counsel to advise criminal defendants of the deportation consequences of criminal convictions. Mr. Kinnaird was featured on the cover of the July/August 2010 issue of The American Lawyer in a story highlighting the historic decision.
Recognitions
- The Legal 500 USA, Appellate: States and Federal Courts Of Appeals/Supreme Courts (2021-2022)
- Awarded the Jack Wasserman Memorial Award in 2011 for excellence in litigation in the field of immigration law by The American Immigration Lawyers Association (AILA) for the representation of Jose Padilla in Padilla v. Kentucky
- Recognized in 2011 by Lawyers USA as one of nine Lawyers of the Year in 2010 for his representation of Jose Padilla in the Padilla v. Kentucky Supreme Court win
- Honored by The National Association of Attorneys General for his assistance in helping state attorneys general prepare for Supreme Court cases in 2010
- Honored with the 2010 Public Advocate’s Award by the Kentucky Department of Public Advocacy for his pro bono service in the Padilla case
Education
- Yale Law School, J.D., 1994 (Yale Law Journal, Articles Editor; awarded three faculty prizes for scholarship)
- The University of Oxford, M.A., 1992 (Rhodes Scholar)
- Yale University, B.A., 1984 (summa cum laude)
Representations
- An energy company in the U.S. Supreme Court in a case establishing private rights to coal bed methane in homestead grants
- A railroad in the U.S. Supreme Court in a case establishing preemption of state tort claims for inadequate warning devices
- A major league baseball team in the U.S. Supreme Court in a case involving taxation of back pay
- A telecommunications company in the U.S. Supreme Court and the courts of appeals in cases establishing rules of competitive access to network facilities under the Telecommunications Act of 1996 and rejecting takings and sovereign immunity defenses
- A railroad in the U.S. Supreme Court in a case establishing the protections of limited liability clauses for inland carriers engaged in international cargo transportation
- A tire manufacturer in the Ninth Circuit in a case involving the availability of preliminary injunctive relief in aid of arbitration
- An information technology company in the Federal Circuit in cases involving patent infringement and the scope of authority of the International Trade Commission
- A chemical company in the Fourth Circuit in a case involving relevant market definition under the Sherman Act
- Veterans in the Federal Circuit in major cases involving veterans benefits laws
news
- Paul Hastings Secures Victory in an International Arbitration for Mitsubishi Tanabe - May 6th, 2024
- Paul Hastings Secures Nationwide Injunction Against Department of Education - August 21st, 2023
- Paul Hastings Secures Appellate Victory for the National Association of Broadcasters on Sponsor Disclosure Requirements - July 13th, 2022
- Paul Hastings Drafts Supreme Court Amicus Brief in Joseph A. Kennedy v. Bremerton School District - April 20th, 2022
- Paul Hastings’ IP Practice Secures Victory for Chevron in Patent Litigation Involving Lubricating Oils - February 3rd, 2021
- Paul Hastings Secures Appellate Victory in Issue of First Impression - January 12th, 2021
- Paul Hastings Secures Major Pro Bono Victory for Blue Water Navy Veterans - November 9th, 2020
- Paul Hastings Recognized by the National Veterans Legal Services Program as Pro Bono Partner of the Year - November 26th, 2019
- Paul Hastings Pens Amicus Brief for Senators Urging the Court to Uphold President Obama’s Immigration Executive Actions - April 8th, 2015
- Paul Hastings Practices and Lawyers Score Top Rankings in Chambers USA 2014 - May 27th, 2014
- Paul Hastings Leads Kolon Industries to Appellate Victory in Trade Secrets Case - April 4th, 2014
- Paul Hastings Secures Supreme Court Victory in Important Sentencing Case - June 11th, 2013
- Paul Hastings Secures Supreme Court Victory in Chafin v. Chafin - February 22nd, 2013
- Paul Hastings Secures Victory on Behalf of Invensys plc - May 25th, 2012
- Paul Hastings Represents Pro Bono Client Carlos Martinez Gutierrez in Supreme Court Deportation Case - January 17th, 2012
- Paul Hastings Secures Supreme Court Victory in Padilla v. Kentucky - April 1st, 2010
- Top Appellate Specialist to Join Paul Hastings in Washington, D.C. - September 29th, 2008
Recognitions
- Paul Hastings Named The American Lawyer “Litigator of the Week” Runner-Up for Allergan Lawsuit - August 20th, 2024
- 2021 Legal 500 United States Guide Ranks More Than Fifteen Paul Hastings’ Intellectual Property Practice Lawyers - June 17th, 2021
- The American Immigration Lawyers Association - June 16th, 2011
- Lawyers USA - January 11th, 2011
- The National Association of Attorneys - November 19th, 2010
- The Department of Public Advocacy - June 15th, 2010
insights
- The Post–Chevron Future: Litigating Against Administrative Agencies Following Loper and Corner Post - July 25th, 2024
- The Supreme Court Affirms the Availability of Damages Beyond Three Years for Copyright Infringement If the Discovery Rule Applies - May 17th, 2024
- U.S. Supreme Court Approves Foreign Plaintiff’s Use of Civil RICO in Connection with Enforcement of Foreign Arbitral Awards - June 26th, 2023
- PH COVID-19 Client Alert Series: Guarding Against Constitutionally Suspect Legislation Arising from the COVID-19 Crisis - April 1st, 2020
- Federal Circuit Rules PTAB APJs Violate Appointments Clause - November 1st, 2019
- A Divided Supreme Court Upholds Inter Partes Review’s Constitutionality but Constrains the Patent Office’s Authority - April 25th, 2018
- There’s a New Federal Trade Secrets Statute—Now What? - May 20th, 2016
- The Seventh Circuit Curtails Early Appellate Review of Service of Criminal Process on Foreign Corporate Defendants - August 5th, 2015
- Supreme Court Opinion on Preclusive Effect of TTAB’s Registration Decisions Has Important Implications for Trademark Owners - April 15th, 2015
- Are You Being Served?: Appellate Courts Consider Whether the Federal Rules of Criminal Procedure Authorize Service on Foreign Defendants Through Domestic Subsidiaries, But Larger Question Looms - April 14th, 2015
- Agencies Can Revise, Or Abandon, Prior Regulatory Interpretations Without Notice-And-Comment Rulemaking, Says Supreme Court - March 11th, 2015
- Peeling the Onion: Appellate Lawyers' Take on Disparate Cases - March 3rd, 2015
- Minimum Contacts Inquiry Cannot Be Minimal: U.S. Supreme Court Rejects Broad Reading of the Effects Test for Personal Jurisdiction - March 4th, 2014
- Recent Supreme Court Decision Limits the General Jurisdiction of U.S. Courts Over Foreign and Out-Of-State Corporations - January 21st, 2014
- An Appellate Lawyer's Role in a Trial - May 28th, 2013
- Multi-Tier Litigation Strategies - May 28th, 2013
- The U.S. Supreme Court Narrows the Jurisdictional Reach of U.S. Courts in Products-Liability Litigation - July 11th, 2011
- High court sets new standard for legal advice in criminal cases - April 8th, 2010
- Patent Owner Protected by Safe Harbor Provision - January 27th, 2010
- Supreme Court Holds CBA Requiring ADEA Arbitration is Enforceable - April 6th, 2009
Engagement & Publications
- Presented on issues of federal and constitutional law to the Food and Drug Law Institute, Mealey’s National Asbestos Litigation Conference, and the National Association of Railroad Trial Counsel, among other organizations
- High Court to Revisit Federal Preemption, Paul Hastings - Stay Current (January 2009)
- All Over the High Court: Major Corporate Law Firms Dominate the Court's New Cases, Legal Times (Oct. 6, 2008)
- Fear-of-Cancer Claims After Norfolk Southern Railway v. Ayers, Washington Legal Foundation Legal Briefing, Vol. 18, No. 29 (July 2003)
- The Supreme Court’s Revolutionary Decision On Punitive Damages Promises Much Relief for Defendants, The Insurance Advocate (May 5, 2003)
- The Impact of State Farm Insurance Co. v. Campbell, Claims Magazine (May 2003)
- Public Housing: Abandon HOPE, But Not Privatization, 103 Yale L.J. 961 (1994), excerpted and discussed in Robert C. Ellickson & Vicki L. Been, Land Use Controls: Cases And Materials (2d ed. 1999)
Involvement
- Board Member, National Veterans Legal Services Program
- Fellow, American Bar Foundation
- Member, Edward Coke Appellate Inn of Court