• Zachary N. Ferguson works on litigation matters, including complex commercial and bankruptcy disputes and appeals. Zach’s work involves all phases of these cases and includes drafting motions, briefs and other filings; managing discovery; preparing for witness depositions and testimony; and serving as a member of trial teams.

    Prior to law school, Zach taught middle school math and science in Detroit, Michigan, through Teach for America.

    Experience

    • Prosecuted actions under 28 U.S.C. § 1782 in various federal courts to obtain discovery for use in foreign proceedings, including on behalf of a pharmaceutical company in connection with foreign patent-infringement proceedings.

    • Represented a coalition of medical professional associations as amici curiae on the winning side of Bondi v. VanDerStok, a significant Supreme Court decision concerning the regulation of homemade firearm kits.

    • Represented a major accounting firm in a PCAOB investigation, which the PCAOB closed without disciplinary action.

    • Represented, as a member of the litigation team, a bank and its senior officers in a suit seeking more than $500 million in damages arising from a canceled wire transfer from the State of California to an entity that had claimed it could supply California with 100 million N95 respirator masks, obtaining the dismissal of some of the counts early in the case, securing summary judgment on the remaining claims, and successfully defending summary judgment on appeal.

    • Defended a social media company and its majority shareholder in a suit alleging breach of a bond indenture, obtaining dismissal of the complaint and denial of plaintiffs’ motion to amend.

    • Represented law professors in the filing of an amicus brief in the U.S. Supreme Court in support of religious objectors to the Affordable Care Act mandate on the non-merits issue of universal injunctive relief.

    • Represented, as part of the team of special litigation and investigations counsel, an upstream oil and gas company based in Houston in the company’s Chapter 11 case, including conducting a related-party-claims investigation and representing the company in a contested $320 million sale hearing and in multiple adversary proceedings.

    Credentials

    Education

    • J.D., magna cum laude, Duke University School of Law, 2018
      • Senior Articles Editor, Duke Law Journal
      • Winner, Dean’s Cup Intramural Moot Court Competition
      • Governing Faculty Award for Advocacy
      • Justin Miller Award
      • Mordecai Scholar
    • B.A., cum laude, Political Science, Williams College, 2013
      • Shirin Shakir Memorial Prize

    Bar Admissions

    • District of Columbia, 2020
    • New York, 2019

    Clerkships

    • Honorable Gerald Bard Tjoflat, U.S.C.A., 11th Circuit

    Court Admissions

    • U.S.D.C., District of Columbia
    • U.S.D.C., Southern District of New York
    • U.S.C.A., Second Circuit
    • U.S.C.A., Fourth Circuit
    • U.S.C.A., 11th Circuit
    • U.S.C.A., Federal Circuit