Deepak Gupta (attorney)
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Deepak Gupta (born September 14, 1977) is an American attorney known for representing consumers, workers, and a broad range of clients in U.S. Supreme Court and appellate cases and
constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...
,
class action A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
, and complex
litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
. Gupta is the founding principal of the law firm Gupta Wessler LLP and a lecturer at Harvard Law School, where he is an instructor in the Harvard Supreme Court Litigation Clinic.


Early life and education

Gupta earned a Bachelor of Arts degree in philosophy from
Fordham University Fordham University () is a Private university, private Jesuit universities, Jesuit research university in New York City. Established in 1841 and named after the Fordham, Bronx, Fordham neighborhood of the The Bronx, Bronx in which its origina ...
and a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from the
Georgetown University Law Center The Georgetown University Law Center (Georgetown Law) is the law school of Georgetown University, a private research university in Washington, D.C. It was established in 1870 and is the largest law school in the United States by enrollment and ...
. He also studied Sanskrit at the
University of Oxford , mottoeng = The Lord is my light , established = , endowment = £6.1 billion (including colleges) (2019) , budget = £2.145 billion (2019–20) , chancellor ...
in England. He served as a law clerk for Judge Lawrence K. Karlton.


Career

He teaches as a lecturer on law at
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
, where he is an instructor in the Harvard Supreme Court Litigation Clinic and was previously a Wasserstein Public Interest Fellow, and is a former adjunct professor of Law at
Georgetown Law The Georgetown University Law Center (Georgetown Law) is the law school of Georgetown University, a private research university in Washington, D.C. It was established in 1870 and is the largest law school in the United States by enrollment and ...
and American University's
Washington College of Law The American University Washington College of Law (AUWCL or WCL) is the law school of American University, a Private university, private research university in Washington, D.C. It is located on the western side of Tenley Circle in the Tenleyto ...
. In 2011, Gupta became the first appellate litigator hired under
Elizabeth Warren Elizabeth Ann Warren ( née Herring; born June 22, 1949) is an American politician and former law professor who is the senior United States senator from Massachusetts, serving since 2013. A member of the Democratic Party and regarded as a ...
’s leadership at the
CFPB The Consumer Financial Protection Bureau (CFPB) is an agency of the United States government responsible for consumer protection in the financial sector. CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortg ...
. After leaving the CFPB in 2012, he established the firm now known as Gupta Wessler LLP. He previously worked for seven years at
Public Citizen Litigation Group Public Citizen Litigation Group is a public interest law firm in the United States.The group is the litigation arm of the non-profit consumer advocacy organization Public Citizen. Its attorneys work on cases involving health and safety regulation, ...
, where he was staff attorney and the founding director of the Consumer Justice Project and the Alan Morrison Supreme Court Assistance Project Fellow. He is an appointed member of the
Administrative Conference of the United States The Administrative Conference of the United States (ACUS) is an independent agency of the United States government that was established in 1964 by the Administrative Conference Act. The conference's purpose is to "promote improvements in the effi ...
and an elected member of the
American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...
and serves on the boards of several organizations and academic research institutes, including the Open Markets Institute, the National Consumer Law Center, and the
Lawyers' Committee for Civil Rights Under Law The Lawyers' Committee for Civil Rights Under Law, or simply the Lawyers' Committee, is a civil rights organization founded in 1963 at the request of President John F. Kennedy. At the time, Alabama Governor George Wallace had vowed to resist cou ...
. Gupta has worked in the U.S Department of Justice Voting Rights Section and has been a member of the
ACLU The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
and Americans United for Separation of Church and State. Deepak Gupta has been considered a potential nominee for a federal judgeship to the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
by
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Joe Biden.
Law360 Law360 is a subscription-based, legal news service based in New York City. It is operated by Portfolio Media, Inc., a subsidiary of LexisNexisSabroski, Suzxanne (May 1, 2012) LexisNexis goes 360, ''Onliline'' and delivers breaking news and analys ...
called him "one of the emerging giants of the appellate and the Supreme Court bar," a "heavy hitter," and a “principled” and "incredibly talented lawyer."


Notable cases

In 2019, Gupta became the first
Asian-American Asian Americans are Americans of Asian ancestry (including naturalized Americans who are immigrants from specific regions in Asia and descendants of such immigrants). Although this term had historically been used for all the indigenous people ...
invited by the U.S. Supreme Court to argue as a court-appointed amicus (in support of a judgment left undefended by the U.S. Solicitor General). In November 2018, he was invited to brief and argue as
amicus curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
in support of the judgment in Smith v. Berryhill. This was a Social Security case from
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
. In 2021, Gupta argued and won a unanimous U.S. Supreme Court ruling, in '' Ford Motor Co. v. Montana Eighth Judicial Dist.'', on the jurisdictional limits under the Due Process Clause for consumer product liability lawsuits. In 2022, Gupta secured a $125-million nationwide class action settlement in a lawsuit that he led against the federal judiciary, challenging fees for access to the PACER electronic records system. In '' Expressions Hair Design v. Schneiderman'', Gupta successfully represented retail merchants before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in a First Amendment challenge to state laws, enacted at the behest of the credit-card industry, that hid the cost of credit cards from consumers. Gupta argued the case of '' AT&T Mobility v. Concepcion'' for the respondent before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. This landmark case concerned the validity of forced arbitration clauses used by companies to suppress group claims of discrimination, harassment, wage theft, deceptive practices, and predatory lending.


Selected publications

*'' Deepak Gupta, The Consumer Bureau and the Constitution, 65 Admin L. Rev. 945'' (2013) *'' Deepak Gupta, Leveling the Playing Field on Appeal: The Case for a Plaintiff-Side Appellate Bar, 54 Duq. L. Rev. 383'' (2016) *'' Deepak Gupta & Lina Khan, Arbitration as Wealth Transfer, 5 Yale L. & Pol’y Rev. 499'' (2017)


References

{{DEFAULTSORT:Gupta, Deepak Living people American lawyers Georgetown University Law Center alumni Fordham University alumni United States Department of Justice lawyers American Civil Liberties Union people 1977 births American politicians of Indian descent