Eric Konopka represents clients in high-stakes, complex federal and state appellate litigation.
Eric thrives in litigation involving complex, technical statutory and administrative law issues, including tax, energy regulatory, and bankruptcy cases. He briefs and argues appeals in federal and state appellate courts around the country. He also regularly represents clients in federal and state trial courts, the US Tax Court, and administrative agencies, preparing dispositive motions and advising on appellate strategy.
Eric maintains a robust pro bono practice, including acting as lead counsel in cases implicating important and novel constitutional and statutory rights.
Before joining Latham, Eric clerked for Judge Raymond Kethledge of the US Court of Appeals for the Sixth Circuit, Justice Leondra Kruger of the Supreme Court of California, and Judge Carlos Bea of the US Court of Appeals for the Ninth Circuit.
Prior to his legal career, Eric worked in investment banking and private equity, focusing on financial institutions and esoteric financial products.
Experience
Eric’s recent victories include:
Invalidating a tax regulation that attempted to rewrite the effective date of a statute
Convincing a state high court that a city was misinterpreting the state’s real property tax law
Defeating a state’s attempt to impose sales tax on a streaming service
Defending a Federal Energy Regulatory Commission order authorizing the construction of a natural gas pipeline against environmental challenges
Defending a Federal Energy Regulatory Commission order requiring a power plant to upgrade its equipment to ensure the reliability of the electric grid
Persuading a state tax appeals tribunal that an administrative law judge’s interpretation of state law was incorrect, leading to a US$150 million tax refund
Qualifications
Bar Qualification
District of Columbia
New York
Education
J.D., Columbia Law School, 2015
B.Sc. in Management Science, Massachusetts Institute of Technology, 2005
Latham litigators recognized for securing a seismic decision in New York’s high court, the Court of Appeals, for Tax Equity Now NY (TENNY), which is expected to lead to systemic changes to address the long-standing disparities in New York City's property tax system.
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