Ari Holtzblatt

Practice Areas

Ari Holtzblatt’s practice focuses on appellate and government and public policy litigation. He has extensive experience representing leading technology innovators and media companies from the trial courts to the US Supreme Court on cutting-edge statutory and constitutional issues, including under the Communications Decency Act, the Stored Communications Act, the Computer Fraud and Abuse Act, the Copyright Act, the Dormant Commerce Clause, the Equal Protection Clause, and the First Amendment.

Mr. Holtzblatt also has wide-ranging experience in civil litigation involving the government and quasi-governmental entities. He regularly counsels clients regarding regulatory strategy and litigation and litigates Administrative Procedure Act (APA), constitutional and statutory matters in federal and state district and appellate courts across the country.

Career

Mr. Holtzblatt previously served as a law clerk to the Honorable Ruth Bader Ginsburg of the Supreme Court of the United States, and to the Honorable David Tatel of the US Court of Appeals for the District of Columbia Circuit.

Professional Memberships

Bar Admissions:

District of Columbia

Maryland

Publications

Internet Speech in the Crosshairs - US News

Experience

Representing Leading Technology Innovators and Media Companies

Fields v. Twitter, Inc., 881 F.3d 739 (9th Cir. 2018), and Crosby v. Twitter, Inc., 921 F.3d 617 (6th Cir. 2019):Representing leading online platform in winning dismissal of Anti-Terrorism Act claims in a dozen separate cases filed in federal courts throughout the country.

Representing leading online platform in successfully defending against state law claims in numerous cases alleging unlawful viewpoint discrimination in enforcing community standards. Courts have dismissed the claims under Section 230 of the Communications Decency Act.

The Authors Guild, Inc. v. Google, Inc., 804 F.3d 202 (2d Cir. 2015):Represented leading online platform in securing appellate victories in a major copyright dispute over tool permitting users to search the full text of more than 20 million books.

FCC v. Fox Televisions Stations, Inc., 567 U.S. 239 (2012):Represented national network in successfully challenging a fine that the FCC had imposed for airing allegedly indecent material. The Court held that imposition of the fine was unconstitutional.

Represented major social media company in successfully defeating request for emergency temporary restraining order arising from suspension of app developer.

Represented major online platform in successful lawsuit against a subpoena that sought to unmask the identity of anonymous user who had criticized the federal agency that issued the subpoena.

Filed amicus brief in European Court of Justice on behalf of media organization in major case involving the scope of the so-called “right to be forgotten.”

Hassell v. Bird, 5 Cal. 5th 522 (2018): Filed amicus briefs on behalf of coalition of online service providers regarding application of Section 230 of the Communications Decency Act to injunction issued against nonparty online provider.

Civil Litigation Involving the Government and Quasi-Governmental Entities

Chamber of Commerce v. U.S. Department of Labor, 885 F.3d 360 (5th Cir. 2018):Represented trade association in successful APA litigation challenging the Fiduciary Rule promulgated by the Department of Labor to regulate the life insurance and financial services industries, resulting in vacatur of the Rule.

City of Chicago v. Sessions, 888 F.3d 272 (7th Cir. 2018):Secured nationwide preliminary injunction against federal policy requiring state and local governments to help enforce federal immigration law as a condition of receiving major law enforcement grant.

Delano Farms Co. v. California Table Grape Commission, 4 Cal. 5th 1204 (2018): Successfully defended agricultural commodity research and promotion programs against First Amendment and other constitutional challenges.

Representing leading automobile manufacturer in litigation arising from state laws that limit or ban manufacturers from directly selling or servicing their own vehicles.

Union Pacific Railroad Company v. Surface Transportation Board, 863 F.3d 816 (2017): Represented a major passenger railroad company as intervenor in an APA action in defense of a rule promulgated by the Surface Transportation Board.

Represented domestic citrus growers in an APA challenge to the Department of Agriculture's decision to permit the importation of foreign citrus products into the United States.

Presenting argument as court-appointed amicus in D.C. Circuit appeal regarding the public’s access to prison surveillance footage under FOIA.

South Dakota v. Wayfair, 138 S. Ct. 2080 (2018):Filed amicus brief on behalf of real estate trade association regarding constitutionality of requiring retailers without a physical presence in a state to collect state sales tax.

Awards

Education