Ashley E. Johnson is Of Counsel in the Dallas office of Gibson, Dunn & Crutcher. She practices in the firm’s Appellate and Constitutional Law, Litigation, and Antitrust and Competition practice groups.
Prior to joining Gibson Dunn, Ms. Johnson served as a law clerk to Justice Clarence Thomas of the Supreme Court of the United States, and to Judge J. Michael Luttig, formerly of the U.S. Court of Appeals for the Fourth Circuit.
Ms. Johnson has significant experience in both trial and appellate matters in state and federal courts, including the Supreme Court of the United States. Her experience includes both civil and criminal appeals in a range of contexts, including disputes concerning intellectual property rights, antitrust, mail and wire fraud, state taxation, federal and state constitutional rights, state law tort claims, and discovery. Ms. Johnson has been involved in every stage of proceedings at the Supreme Court of the United States, including successfully persuading the Court or a Justice of the Court to grant a stay pending review of a petition for writ of certiorari, to grant a petition for certiorari, to deny petitions for certiorari, and to render a favorable decision on the merits.
In addition to her active appellate practice, Ms. Johnson has defended clients in antitrust matters arising under federal and state antitrust laws, including class actions against brand drug manufacturers raising patent-related antitrust claims. She has also counseled clients regarding compliance with the federal antitrust laws in activities ranging from ordinary business conduct to potential mergers between competitors. Ms. Johnson has also represented clients in investigations by the Department of Justice and Federal Trade Commission.
Recent Representative Matters
- Argued before the United States Court of Appeals for the Fifth Circuit in Opulent Life Church v. City of Holly Springs, 697 F.3d 279 (5th Cir. 2012), securing unanimous published decision in favor of clients Opulent Life Church and Telsa DeBerry.
- Secured extended stay and ultimately partial dismissal of complex patent infringement complaint in Southern District of California based on legal insufficiency of infringement theory.
- Successfully sought transfer to California of litigation filed in Texas court.
- Prepared district court and appellate briefing in support of Chevron Corporation's applications for discovery pursuant to 28 U.S.C. § 1782, including appellate briefing leading to unanimous, favorable decisions from the United States Court of Appeals for the Third Circuit and the United States Court of Appeals for the Fifth Circuit.
- Prepared petition for writ of certiorari and briefing on the merits to Supreme Court in landmark case regarding the scope of honest services mail and wire fraud, where the Court unanimously accepted Gibson Dunn's argument for the petitioner and vacated the decision of the Court of Appeals.
- Counsel for several manufacturers of brand pharmaceutical products in multiple federal antitrust lawsuits, including class actions, alleging patent-related monopolization and conspiracy claims
Ms. Johnson is also actively involved in alumni activities at Vanderbilt University Law School, where she is a member of the Vanderbilt Law Review Alumni Board of Advisors. She has spoken through the Branstetter Litigation and Dispute Resolution Program at Vanderbilt regarding the practice of appellate law and brought Supreme Court Justice Clarence Thomas to Vanderbilt to deliver the 2014 Cecil Sims Lecture.
Ms. Johnson earned her law degree in 2004 from Vanderbilt University Law School, where she was a John W. Wade Scholar and Editor-in-Chief of the Vanderbilt Law Review. Ms. Johnson was awarded the Archie B. Martin Memorial Prize and the Robert F. Jackson Memorial Prize for placing at the top of her class in her first and second years of study. She was also elected to Order of the Coif. Ms. Johnson graduated in 2001 from Vanderbilt University with a Bachelor of Science Degree in Mathematics and History while earning membership in Phi Beta Kappa.
Ms. Johnson is admitted to practice in Texas and North Carolina. She is also admitted to practice before the Supreme Court of the United States, the United States Courts of Appeals for the Third, Fourth, Fifth, Sixth, and Ninth Circuits, and the United States District Courts for the Southern and Northern Districts of Texas.