Will Marks is a partner in the Supreme Court & Appellate Litigation Group. He has extensive experience advocating before the U.S. Supreme Court, the federal courts of appeal and state appellate courts. Will has also represented clients as an appellate specialist at trial and regularly advises clients on substantive legal strategy in their most complex and challenging litigation matters.
Will’s work has involved a variety of subject matter areas, including antitrust, securities, arbitration, class certification, intellectual property, commercial litigation, constitutional law and federal court procedure. He has particular expertise before the U.S. Supreme Court, where he has litigated dozens of matters. Of particular note, he has represented parties in 19 merits cases, successfully petitioning for certiorari in 10 of them.
Will is “Recommended” by Legal 500 in the Appellate: Courts of Appeal category (2025) and Appellate: Supreme Courts (States and Federal) category (2025), and has been recognized as a Rising Star by Super Lawyers from 2020 to 2025.
Will’s significant representations include:
- ExxonMobil in a Supreme Court case concerning jurisdiction over tort suits seeking to recover damages for global climate change.
- Henry Schein in a Supreme Court case involving the enforcement of a contractual provision delegating questions of arbitrability to an arbitrator.
- The State of Oklahoma in a case concerning jurisdiction over crimes committed by non-Native Americans against Native Americans in Indian country.
- The National Football League in a Nevada Supreme Court appeal concerning the arbitrability of a dispute with a former head coach.
- Qualcomm and NUVIA in a high-stakes appeal brought by ARM alleging claims of trademark infringement and violations of NUVIA’s license agreements with ARM.
- Meta Platforms:
- in multiple suits in federal court on appeal challenging Meta’s immunity under Section 230 of the Communications Decency Act, in which celebrities claim that Meta allowed the misuse of their name and likeness in scam ads on its platform.
- in a Supreme Court case regarding the circumstances under which statements in risk disclosures can be false or misleading under the securities laws.
- Premier Rehab Keller, a Texas-based physical rehabilitation center, in a 6-3 Supreme Court victory in a case concerning the availability of emotional-distress damages in a private action to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act.
- Seila Law LLC in the landmark decision by the Supreme Court in Seila Law v. Consumer Financial Protection Bureau. Siding with our client, the Court held in a 5-4 decision that the President has the authority to fire at will the director of the CFPB. The Court remedied that constitutional violation by striking the provision barring the president from removing the sole director except for cause, while leaving intact the rest of the statute that created the agency.
Will received his J.D. from Vanderbilt University in 2014, where he won the Founder’s Medal for graduating first in his class and served as editor in chief of the Vanderbilt Law Review. After law school, he clerked for Judge Jeffrey S. Sutton on the Sixth Circuit.
