Stephen Hammer is an associate in the Dallas office of Gibson, Dunn & Crutcher.  He practices in the firm’s Appellate and Constitutional Law and Administrative Law and Regulatory Practice groups.

Mr. Hammer has significant experience litigating high-stakes appeals and critical motions in federal and state courts across a wide range of subject-matter areas, including the False Claims Act, Section 230 of the Communications Decency Act, and the Texas Uniform Trade Secrets Act, and has presented argument before the U.S. Court of Appeals for the Ninth Circuit.  He has also represented clients in matters involving administrative enforcement actions or rulemakings by the CFPB, FCC, FTC, FINRA, and SEC.  Mr. Hammer maintains an active pro bono practice, with a focus on religious liberty issues, and serves as a vice president of the Dallas Lawyers Chapter of the Federalist Society. 

Recent Representative Matters: 

• Successfully defended AT&T from emergency challenge to multibillion-dollar 5G wireless deployment brought by airline industry on eve of rollout.  In re Expanding Flexible Use in the 3.7 to 4.2 GHz Band, No. 18-122 (FCC).
• Preserved appellate reversal of half-billion-dollar jury verdict in trade-secrets case by persuading the Texas Supreme Court to deny review after calling for full merits briefing.  HouseCanary Analytics, Inc. v. Title Source, Inc., No. 20-0683 (Tex.).
• Represented energy companies in multidistrict litigation of tort claims arising out of the 2021 Texas winter storm.  In re Winter Storm Uri Litig., No. 2021-41903 (MDL Civ. Ct., Harris Cty., Tex.).
• Persuaded the Fifth Circuit to render judgment upholding the constitutionality of Texas Justice of the Peace’s practice of allowing volunteer chaplains from a variety of faiths to perform brief, non-coercive invocations before court proceedings.  Freedom from Religion Found., Inc. v. Mack, 49 F.4th 941 (5th Cir. 2022).
• Served as counsel of record and presented argument in Ninth Circuit appeal involving application of the plain hearing doctrine under the Wiretap Act.  United States v. Carey, 18-50393 (9th Cir.).

Before joining the firm, Mr. Hammer served as a law clerk to Chief Justice John G. Roberts, Jr. of the Supreme Court of the United States, Judge Gregory G. Katsas of the U.S. Court of Appeals for the District of Columbia Circuit, and Judge Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit.

Mr. Hammer graduated magna cum laude from Harvard Law School, where he served as managing editor of the Harvard Journal of Law and Public Policy.  Before law school, Mr. Hammer served as an infantry officer in the 82nd Airborne Division of the United States Army.  His military decorations include the Bronze Star.  Mr. Hammer received an M.Phil. in theology from the University of Oxford, where he studied on a Rhodes scholarship.  He received an A.B. summa cum laude in classics from Princeton University and graduated as Latin salutatorian.

Mr. Hammer is a member of the Texas and District of Columbia bars.  He is admitted to practice before the U.S. Courts of Appeals for the Fifth, Sixth, Seventh, Ninth, and D.C. Circuits, and the U.S. District Court for the Northern District of Texas.