Radha A. Pathak represents clients in high-stakes matters and high-impact pro bono cases. Prior to joining the firm full time, she was an 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. She also 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 2017, she received the Daily Journal’s prestigious California Attorney Lawyer of the Year (CLAY) award for her victory in Montanile v. Board of Trustees, 136 S.Ct. 651 (2016), a case in which she served as lead Supreme Court counsel. She has been a core team member on virtually all of the firm’s other Supreme Court merits cases, such as Thole v. U. S. Bank N.A., 140 S.Ct. 1615 (2020), Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 139 S.Ct. 881 (2019), Microsoft v. Baker, 137 S.Ct. 1702 (2017), Merrill Lynch v. Manning, 136 S.Ct. 1562 (2016), and 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. 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. She received 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.