Evan M. Tager: Lawyer with Mayer Brown LLP

Evan M. Tager

Washington,  DC  U.S.A.
Phone202 263 3240

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Experience & Credentials

Practice Areas

  • Litigation & Dispute Resolution
  • Consumer Litigation & Class Actions
  • Product Liability & Mass Torts
  • Punitive Damages
  • Supreme Court & Appellate
  • Toxic Tort
  • Consumer & Employment Arbitration
Contact InfoTelephone: 202 263 3240
Fax: 202 263 5240
University Princeton University, A.B., magna cum laude, 1982
Law SchoolStanford Law School, J.D., 1985
Admitted1986, New York; 1987, District of Columbia; US Supreme Court; US Court of Appeals for the Federal Circuit; US Court of Appeals for the First Circuit; US Court of Appeals for the Second Circuit; US Court of Appeals for the Third Circuit; US Court of Appeals for the Fourth Circuit; US Court of Appeals for the Sixth Circuit; US Court of Appeals for the Seventh Circuit; US Court of Appeals for the Eighth Circuit; US Court of Appeals for the Ninth Circuit; US Court of Appeals for the Tenth Circuit; US Court of Appeals for the Eleventh Circuit

A dedicated 'go-to' thinking partner who brings a unique blend of style, personality and high-octane brain power to deliver truly superior analysis, advocacy and actionable solutions for complex and high-stakes problems. When it’s ‘go-time’ he gets results that count.

Benchmark Litigation 2015 Evan Tager is a member of the firm's Supreme Court & Appellate and Class Action practices. Identified by Chambers USA as one of America’s leading appellate lawyers for the past nine years, and profiled by Legal Times as a leading appellate lawyer, Evan has been integrally involved in a range of issues of paramount importance to the business community, including punitive damages, class-certification standards, admissibility of expert testimony, and enforceability of arbitration agreements.

In December 2014, Evan was named to The National Law Journal’s inaugural list of “Litigation Trailblazers & Pioneers,” which recognizes the achievements of 50 people who have “helped make a difference in the fight for justice” and “shown a deep passion and perseverance in pursuit of their mission, having achieved remarkable successes along the way.” The National Law Journal recognized Evan for his transformative work in two areas of law that are of great concern to the business community: punitive damages and the enforceability of arbitration provisions.

In April 2014, Evan was elected to the American Law Institute, and has joined the Members Consultative Groups for the Restatement Third, Torts: Liability for Economic Harm and the Restatement Third, The Law of Consumer Contracts.

In February 2013, International Law Office awarded Evan its Client Choice Award for the Litigation category in Washington, D.C. This award, which is based entirely on client nominations and references, is given to one lawyer per city. According to ILO's press release, [c]lients are asked to rate individual lawyers and law firms on the following client service criteria: quality of legal advice, value for money, commercial awareness, effective communication, billing transparency, tailored fee structures, response time, sharing of expertise and use of technology. One client interviewed by ILO commented that Evan Tager’s trial and appellate work for my company has facilitated a fundamental positive change in some of the most important legal doctrines impacting businesses. Another observed that Evan’s reputation is that of a master strategist and communicator, with top-flight analytical skills and a unique ability to simplify the complex. And a third said that Evan brings a value set and open-mindedness that allow him to become a trusted business partner, and he is eager to align his interests with the client’s.

In 2012, The National Law Journal named Evan to its Champions and Visionaries list, citing his work helping Cingular Wireless (now AT&T Mobility) create an incentives-based customer arbitration process aimed at reducing the number of class actions the company had to fight and his successful defense of that process at the U.S. Supreme Court. In AT&T Mobility v. Concepcion, the Court ruled that the Federal Arbitration Act preempts states from refusing to enforce arbitration provisions on the ground that they disallow class actions. Recognizing the nearly ten-year duration of Evan’s efforts in this area, The National Law Journal said that Evan Tager has established himself as one of the great marathon runners in the federal appellate system.

The National Law Journal quoted one of Evan's clients as saying that his company retained Evan because [h]is reputation was that of a master strategist and communicator, with top-tier analytical skills and a unique ability to simplify the complex and make sense of confusion. I learned he is that and more. Evan brings a value set and open-mindedness that allow him to become a trusted business partner and is eager to align his interests with the client’s. And Chambers USA reports that clients appreciate Evan’s very rich experience with appellate law, praising him as being very thoughtful, a great writer and oral advocate, and one of the clearest thinkers in terms of appellate law and strategy.

In its issue on leading appellate lawyers, Legal Times said that [w]hen a major company needs to find a lawyer in a key case involving class certification, punitive damages, or arbitration, there's a good chance it will hire Evan Tager. In the past several years, the publication stated, Evan has become the go-to attorney in a growing number of cases that matter to big businesses across the United States. Evan has been listed as a leading lawyer for many years in Chambers USA, Legal 500, and Benchmark Litigation. He also has been named as a top lawyer repeatedly in The Washingtonian.

Evan has filed hundreds of briefs on issues of importance to the business community in the United States Supreme Court and in lower courts throughout the country. One of Evan’s clients told Chambers USA that, as a briefwriter, Evan deploys a grasp of language and argument that is a marvel to behold. Also according to Chambers USA, Evan is 'smart and adept,' he is praised by clients for his 'ability to focus on the details at the same time as keeping his eye on the bigger picture.'

Over the course of his career, Evan has delivered 44 appellate arguments. He has argued cases in the US Supreme Court, the First, Second, Third, Fourth, Fifth, Sixth, Ninth, and Eleventh Circuits, the DC Court of Appeals, the California Court of Appeal, the Florida District Court of Appeal, the Illinois Appellate Court, the Illinois Supreme Court, the Pennsylvania Superior Court, the Tennessee Supreme Court, the Tennessee Court of Appeals, the Washington Supreme Court, the West Virginia Supreme Court of Appeals, and numerous state and federal trial courts.

Evan is a thought leader in several areas that are of interest to the business community. He has published extensively on the subjects of punitive damages, class actions, and expert testimony, among other things, and has participated frequently on panels devoted to punitive damages and class actions. In 2014, he co-taught three classes on punitive damages at Harvard Law School as part of Professor John Goldberg’s course “Torts in the Supreme Court.” He also has published and written on appellate advocacy.

Evan received his AB, magna cum laude from Princeton University in 1982 and his JD in 1985 from Stanford Law School, where he was Articles Editor of the Stanford Law Review and winner of the Board of Editors Award for Outstanding Editorial Contribution to the Stanford Law Review. Following law school, he served as a law clerk to Judge Mary M. Schroeder in the Ninth Circuit.

Articles and Treatise Chapters

Punitive Damages
Punitive Damages, in “Business and Commercial Litigation in Federal Courts - Chapter 45 (West, 3d ed. 2011)
• There's No Right to Punitives, The National Law Journal, April, 14 2008
• Exxon Shipping Provides Court Welcome Opportunity on Excessive Punitive Damages, Washington Legal Foundation, Legal Backgrounder, February 22, 2008
• Philip Morris USA v. Williams: Another Brick in The Punitive Damages Wall, Washington Legal Foundation, Legal Backgrounder, March 9, 2007
• Philip Morris USA v. Williams: Applicability to Bad-Faith Litigation, Life, Health and Disability News, 2007
• The Impact of State Farm v. Campbell: A Two-Year Retrospective, Coverage, May/June 2005
• Conversations with the Honorable Dick Thornburgh, Washington Legal Foundation, Bulletin on Punitive Damages, September 2003
• The Implications of State Farm v. Campbell for the Future of Punitive Damages in Bad Faith Litigation, Mealey's Litigation Report: Insurance Bad Faith, April 22, 2003
• Reading Between the Lines of Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 121 S. Ct. 1678 (2001), Mealey's Litigation Report: Insurance Bad Faith, August 8, 2001, at 22
• Punitive Damages Claims in Environmental Tort Cases: Lessons from Johansen v. Combustion Engineering, Inc., 29 Environmental Law Reports 10196, March 2000
• Punitive Damages After BMW of North America, Inc. v. Gore, Mealey's Litigation Report: Bad Faith, September 10, 1997

Class Actions
• The Constitutional Limitations on Class Actions, Mealey's Litigation Report: Class Actions, January 2001, at 34

• Drafting Fair, Efficient and Enforceable Arbitration Agreements, Counsel to Counsel, May 1, 2008

Expert Witnesses
• Bad Faith Experts after Kumho, Mealey's Litigation Report: Insurance Bad Faith, October 5, 1999, at 22

Appellate Practice
Effective Brief Writing , in “Federal Appellate Practice - Chapter 7 (BNA 2d ed. 2013)
• Tips On Preserving Arguments For Appeal, Mealey's Insurance Law Weekly, December 1, 1997

Speaking Engagements

Punitive Damages
•Punitive Damages & Due Process, Torts in the Supreme Court, Harvard Law School, March 11, March 25, April 1, 2014
• Punitive Damages Strategy Forum Webinar: The Ratio Guidepost: Recurring Issues, Mayer Brown Webinar, March 24, 2010
• Punitive Damages: A Case Law & Legislative Update, Professional Education Broadcast Network Teleseminar, August 26, 2008
Exxon v Baker - What Does This Mean for Business ?, Mayer Brown Webinar, July 1, 2008
• Panel 2: Spotlight on Law and Regulation: Massachusetts v. EPA, Watters v. Wachovia Bank, and Philip Morris v. Williams, Cato Institute, September 27, 2007
• Ten Years after BMW v. Gore: Punitive Damages at Trial and on Appeal, Washington Legal Foundation, April 25, 2006
• Reining in Excessive Punitive Damages: The Post-State Farm Litigation Environment, Chamber of Commerce of the United States, Washington, DC, April 28, 2004
The Implications of State Farm v. Campbell for the Future of Bad-Faith Litigation, Defense Research Institute, Washington, DC, April 15, 2004
• The State of Punitive Damages After the Campbell Decision, Mealey's Bad Faith Conference, Philadelphia, PA, September 22, 2003
• Punitive Damages After BMW, American Bar Association, Section of Antitrust Law, San Francisco, CA, August 5, 1997
• Punitive Damages After Oberg, American Bar Association, Section of Antitrust Law, April 6, 1995

Class Actions
• Class Actions in the Supreme Court in the 2012 Term, Mayer Brown Webinar, July 2, 2013
• The Class Action Fairness Act: Tort Reform or Litigator's Nightmare, Stafford Publications, March 9, 2005
• Class Action Fairness Act: Analysis and Commentary, Mayer Brown Webinar, February 24, 2005
• State Consumer Fraud Act Class Actions, American Bar Association, Section of Antitrust Law, Washington, DC, April 5, 2000

• Arbitration and Class Actions Two Years After Concepcion, Mayer Brown Webinar, May 1, 2013
• Arbitration after AT&T Mobility v. Concepcion: Judicial, Regulatory and Strategic Legal Responses to High Court’s 2011 Ruling, Washington Legal Foundation Web Seminar , May 8, 2012
• Whither Conception, Association of General Counsel, October 7, 2011
AT&T Mobility v. Concepcion: A Key New Decision on Class Arbitration, Law Seminars International, May 24, 2011
• Class Actions and Arbitration Agreements: The Impact of the Supreme Court’s Decision in AT&T Mobility v. Concepcion, Mayer Brown Webinar, May 4, 2011

Appellate Practice
• Effective Brief Writing, Mayer Brown Teleconference , February 10, 2009

• Tort Law in the Courts, American Tort Reform Association, March 11, 2014
• Capitol Perspectives: The Intersection of Business, Law & Government, “Responding to Regulatory Overreach,” Mayer Brown Event, October 2, 2012
• Supreme Court and Business: Assessing this Term’s Decisions and Looking Forward to Next Term’s Docket, Mayer Brown Webinar, June 29, 2011
• Alternative Fee Arrangements: Formulating Mutually Advantageous Alternative Fee Arrangements, ALM Corporate Counsel Conference, June 7, 2011
• Recurring Issues in Life and Disability Insurance Litigation, American Council of Life Insurers, New Orleans, LA, March 2, 2004
• Mold Litigation: Three Key Battlefields, National Multi Housing Counsel, Houston TX, October 1, 2003


Documents by this lawyer on Martindale.com

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Fourth Circuit Holds that Experts Must Separate Opinions From Fact Testimony and Lay Adequate Foundation for Both
Carl J. Summers,Evan M. Tager, June 11, 2014
Increasingly, in a number of contexts, experts are playing the role traditionally filled by attorneys: reviewing and explaining the relevance of the evidence, integrating it into the party’s narrative, and mixing in opinions along the way. This has the potentially dangerous effect of placing...

Sixth Circuit Slams the Door on Unreliable, Result-Oriented Expert Testimony in Disparate-Impact Case
Miriam R. Nemetz,Carl J. Summers,Evan M. Tager, April 21, 2014
Plaintiffs increasingly rely on questionable expert testimony to fill gaps in their proof, trusting that the imprimatur of an expert will overcome otherwise insuperable deficiencies in their cases. In employment cases, where dubious expert testimony frequently is offered to show disparate impact or...
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Office Information

Evan M. Tager

1999 K Street, N.W.
WashingtonDC 20006-1101


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