Radha A. Pathak represents firm clients in high-stakes matters and high-impact pro bono cases. Ms. Pathak was formerly Associate Dean of Student & Alumni Engagement, Associate Professor of Law (with tenure), and Director of the Institute for Trial and Appellate Practice at Whittier Law School. Prior to entering academia, Ms. Pathak served as a judicial clerk to the Honorable Raymond C. Fisher of the United States Court of Appeals for the Ninth Circuit.
Ms. Pathak has been litigating cases before the Unites States Supreme Court since 2005. In the 2016 term, she served on teams representing parties in Microsoft v. Baker, 137 S.Ct. 1702 (2017), and Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017). In the 2015 term, she served as counsel of record in Board of Trustees v. Montanile, 136 S.Ct. 651 (2016), represented the respondents in Merrill Lynch v. Manning, 136 S.Ct. 1562 (2016), and was a member of the team representing the State of Vermont in Gobeille v. Liberty Mutual Ins. Co., 136 S.Ct. 936 (2016). She has also litigated numerous cases involving complex procedural issues in federal district and appellate courts throughout the country.
Ms. Pathak frequently speaks and writes about complex procedural issues, especially those pertaining to ERISA and often in collaboration with firm partner and fellow academic, Brendan Maher. Her ERISA publications include Enough About the Constitution: How States Can Regulate Health Insurance Under the ACA, 31 Yale L. & Pol’y Rev. 275 (2013) (with Brendan S. Maher), Health Insurance and Federalism in Fact, 28 ABA J. Lab. & Emp. L. 73 (2012) (with Brendan S. Maher), Discretionary Clause Bans & ERISA Preemption, 56 S.D. L. Rev. 500 (2011), Statutory Standing and the Tyranny of Labels, 62 Okla. L. Rev. 89 (2009), and Understanding and Problematizing Contractual Tort Subrogation, 40 Loy. U. Chi. L.J. 49 (2008) (with Brendan S. Maher). As a professor, she taught appellate advocacy, civil procedure, evidence, federal courts, remedies, and torts.
Ms. Pathak received her J.D., cum laude, from New York University Law School where she was an editor of the New York University Law Review, and her B.A. in Political Science with honors from the University of California at Berkeley.
Ms. Pathak currently serves on the Amicus Brief Committee of the National Asian Pacific American Bar Association.