RobertLuther III (Rob)

Of Counsel

Washington + 1.202.879.3785

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Rob Luther is a problem solver who has served at high levels in all three branches of the United States federal government. His practice focuses on strategic counseling, regulatory matters, and litigation. He draws on his significant experience advising individuals navigating the oversight and confirmation processes before the United States Senate to counsel elected officials, professional athletes, and executives through high-stakes hearings, investigations, and reputational attacks.

Prior to joining Jones Day, Rob served as Associate Counsel to the President of the United States in the White House Counsel's Office. The New York Times Magazine referred to his work on judicial selection throughout this period as "unique in White House history." Before joining the White House, Rob served as counsel on the United States Senate Judiciary Committee and as a law clerk to Judge Daniel A. Manion of the U.S. Court of Appeals for the Seventh Circuit.

Rob also serves on the faculty of the Antonin Scalia Law School at George Mason University, where he teaches courses on judicial writing. He previously taught at William & Mary Law School. He frequently speaks on the legal profession, federal judicial selection, and constitutional law in public forums and has published widely on these topics.

Rob particularly enjoys drawing on his experiences in government and as a former high school hockey player to advise teams, executives, and players around the game of hockey on sensitive issues and his work has been referenced in Sports Illustrated.

Experience

  • Real estate industry persuades Supreme Court that legislative permitting exactions are subject to Takings Clause scrutinyJones Day filed an amici curiae brief in the U.S. Supreme Court on behalf of the real estate industry in a case challenging a California court’s ruling that legislative permitting exactions are not subject to Takings Clause scrutiny.
  • Senior sports executive successfully navigates two investigations and retains employmentJones Day successfully counseled a senior sports executive throughout two separate internal investigations arising from allegations of workplace misconduct and other allegations of wrongdoing resulting in no action taken by league officials and the retention of the executive’s employment within the organization.
  • Members of Congress' amicus brief influences U.S. Supreme Court unanimous decision vindicating property rights of elderly widowJones Day filed an amici brief in the U.S. Supreme Court, on behalf of U.S. Congressman Tom Emmer—the House Majority Whip—and three other members of Minnesota's congressional delegation, in support of Geraldine Tyler, a 94-year-old Minnesotan whose $40,000 home was taken by a Minnesota County to satisfy a $15,000 tax debt.
  • Company obtains favorable resolution of U.S. Senate Subcommittee inquiryJones Day successfully counseled a company through a U.S. Senate Subcommittee inquiry and avoided client testimony or document production during a period of heightened media scrutiny.
  • Hospitality company obtains business license from recalcitrant county governmentJones Day successfully counseled a hospitality company that employs individuals with special needs through the process of obtaining a business license from a recalcitrant county government that sought to impose onerous and unreasonable licensing requirements on it.
  • Real estate company obtains favorable resolution of non-compete disputeJones Day counseled a national real estate company through a non-compete and non-solicitation dispute with a former senior officer.
  • Technology company obtains favorable resolution of U.S. Senate inquiryJones Day lawyers successfully represented and advised a U.S.-based smart home technology provider in resolving a U.S. Senate Foreign Relations Committee inquiry into supply chain practices.
  • Professional sports executive cleared in misconduct investigationJones Day successfully represented a professional sports executive who was the subject of an investigation concerning his reporting and response to allegations of sexual harassment.
  • Members of Congress file amicus brief in religious liberty caseJones Day filed an amicus brief in the U.S. Supreme Court, on behalf of several dozen members of Congress, in support of a football coach who was fired from his job as a public high school educator because he refused to stop engaging in a brief private prayer on the football field after games.
  • Virginia parents obtain injunction against mask mandate in Loudoun County public schoolsJones Day assisted Virginia parents in successfully challenging the Loudoun County School Board’s mask mandate, which required public school students to wear masks throughout the school day regardless of their parents’ wishes.
  • U.S. Senator Mitch McConnell files amicus brief in Free-Speech caseJones Day filed an amicus brief in the U.S. Supreme Court, on behalf of U.S. Senator Mitch McConnell, in support of appellees in an important free-speech case.
  • U.S. Chamber of Commerce files amicus briefs in unemployment benefits casesJones Day filed amicus briefs on behalf of the Chamber of Commerce of the United States and other trade associations in cases challenging the decisions by state governors to end participation to accept federal supplemental unemployment benefits.
  • U.S. Senator Mitch McConnell files amicus brief in First Amendment caseJones Day filed an amicus brief in the U.S. Supreme Court, on behalf of U.S. Senator Mitch McConnell, in support of charitable organizations challenging California’s requirement that non-profit charities must disclose donor information to the California Attorney General.
  • U.S. Chamber of Commerce files amicus brief in Anti-Injunction Act caseJones Day filed an amicus brief on behalf of the United States Chamber of Commerce in support of certiorari in a lawsuit challenging certain regulatory guidance by the Internal Revenue Service.
  • CEO testifies before Congressional subcommitteeJones Day prepared the CEO of a Fortune 500 company for testimony before a subcommittee of the U.S. House of Representatives.
  • Biotechnology company persuades FDA to lift clinical hold on experimental gene therapyJones Day represented a biotechnology company in a lawsuit against the Food and Drug Administration (FDA) for placing a clinical hold on the company’s experimental gene therapy.
    • View All

    January 2023 Commentary

    Food, Drugs, Cosmetics, and Devices: Federal Regulatory Focus Areas in 2023

    JULY 2021 Alert

    Supreme Court Rules California Cannot Force Nonprofits to Disclose Donors

    May 2021 Alert

    Supreme Court Rules Tax Penalty Does Not Bar Pre-Enforcement Regulatory Challenge

    March 2021 Commentary

    Expected State Attorney General Action in Response to Post-Election Environmental Policy Change

    Additional Speaking Engagements

    • April 21, 2023
      Judicial Selection & Courage, 2023 Ohio Chapters Conference, The Federalist Society
    • November 12, 2022
      The Judge’s Role in Choosing a Successor, The Federalist Society 2022 National Lawyers Convention
    • September 8, 2021
      9/11 Symposium, Hampden-Sydney College

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