Profile
Dominic E. Draye, Co-Chair of the National Appeals & Legal Issues Group, has litigated at every level of the state and federal judiciary—from state trial court to the Supreme Court of the United States. His practice focuses on constitutional, regulatory, and administrative matters, and he has represented clients in both the public and private sectors. In the federal appellate courts, Mr. Draye has represented clients in the Second, Fourth, Fifth, Seventh, Ninth, Tenth, and D.C. Circuits.
Before joining Greenberg, Mr. Draye served as the Solicitor General of Arizona, where he briefed and argued the State’s highest-profile civil and criminal appeals and served as lead counsel for several multi-state coalitions litigating over agency rulemaking in the D.C. Circuit. Prior to government service, Mr. Draye was a litigator in the Washington, D.C., office of Kirkland & Ellis LLP, where his practice focused on legal issues and appeals.
Mr. Draye is a sought-after speaker on topics of administrative and constitutional law. He clerked for Hon. Edith H. Jones on the United States Court of Appeals for the Fifth Circuit and attended the University of Pennsylvania Law School.
Capabilities
Experience
- Representing national child-welfare organization as amicus curiae in the Supreme Court of the United States.
- Represented trademark owner in petition for rehearing en banc in the Second Circuit.
- Represented Fortune 50 company in Ninth Circuit appeal from summary judgment in whistleblower lawsuit.
- Successfully represented the Governor of Arizona in the Ninth Circuit against a Seventeenth Amendment challenge to Arizona’s method for appointing an interim United States Senator following the death of Sen. John McCain.
- Represented a State in filing an original action in the Supreme Court against a neighboring State over water rights.°
- Petitioned for certiorari on behalf of superintendent of education in case involving the Equal Educational Opportunities Act and No Child Left Behind Act.°
- Represented national trade association as amicus curiae in Supreme Court litigation over the Sarbanes-Oxley Act.°
- Managed dozens of appeals for a Fortune 50 company in areas ranging from tort liability to environmental law.°
- Represented trade associations challenging Department of Energy rulemakings in the Fifth and Seventh Circuits.°
- Won Supreme Court reversal of a Ninth Circuit decision denying qualified immunity to an Arizona police officer.°
- Lead counsel for ten-state coalition challenging EPA’s 2015 National Ambient Air Quality Standard (NAAQS) for ozone in the D.C. Circuit.°
- Successfully represented fourteen-state coalition as lead counsel in the D.C. Circuit for EPA’s decision not to impose additional, federal financial-assurance requirements for mining operations under CERCLA.°
- Successfully defended Arizona’s ban on ballot harvesting and out-of-precinct voting against claims under the Fourteenth Amendment and Voting Rights Act.°
- Won Ninth Circuit reversal of a district court order enjoining Arizona’s identity theft laws as preempted by federal immigration statutes.°
- Protected district court victory upholding the Indian Child Welfare Act (ICWA) against a constitutional challenge.°
- Defended federal designation of areas for off-road motorized game retrieval on Kaibab National Forrest.°
- Won tax appeal in the Supreme Court of Arizona involving statutory interpretation and the scope of state taxing authority.°
- Filed dozens of amicus briefs in the Supreme Court of the United States and federal circuit courts on issues ranging from the First Amendment to the Interstate Commerce Clause.°
°The above representations were handled by Mr. Draye prior to his joining Greenberg Traurig, LLP.
- Office of the Attorney General of Arizona, 2015-2019
- Solicitor General, 2017-2019
- Deputy Solicitor General, 2015-2017
Recognition & Leadership
- Listed, The Best Lawyers in America
- Appellate Practice, 2021-2025
- Commercial Litigation, 2023
- Team Member, a Law360 "Environmental Practice Group of the Year," 2022
- Listed, Chambers USA Guide, 2020-2024
- Listed, The Legal 500 United States, Dispute Resolution - Appellate: Courts of Appeals, 2021-2024
- "Next Generation Partner," 2022-2024
- Listed, The Legal 500 United States, Dispute Resolution - Appellate: Supreme Courts (State and Federal), 2021-2024
- "Next Generation Partner," 2022-2024
- Washington, D.C. Super Lawyers, "Rising Stars, Appellate Litigation," 2014-2015
- Board Member, Phoenix Lawyers Chapter of the Federalist Society
- Member, Phoenix Federal Bar Association
Credentials
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J.D., cum laude, University of Pennsylvania Law School
- Order of the Coif
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M.A., Economics, University of Pennsylvania
- Truman Scholar
- B.A., summa cum laude, Seattle University
- U.S. Court of Appeals for the Fifth Circuit
- Arizona
- California
- District of Columbia