Verified profile

Krystal B. Swendsboe

Litigation & Appellate Attorney at Wiley Rein LLP

Krystal B. Swendsboe's profile photo
LocationWashingtonDistrict of Columbia, United States
Current roleOf CounselWiley Rein LLP · since Jan 2024
Government service3yrsCourt of Appeals for the Sixth Circuit · U.S. District Court · Civil Rights Division, Department of Justice

About

Krystal represents and advises clients in a variety of complex litigation and appellate matters in state and federal courts. She has served in legal capacities in both public and private entities, including the U.S. Department of Justice and federal trial and appellate courts, and has extensive litigation experience ranging from pre-complaint investigations and discovery disputes to critical motions practice, trial preparation, and appeals. Krystal specializes in providing creative litigation solutions to give her clients a strategic advantage, both in and out of the courtroom.

Her experience spans a wide variety of practice areas, including government contracts, intellectual property, products liability, antitrust, environment and product regulation, telecommunications, health care, as well as election law and government ethics. Krystal’s appellate work, including before the U.S. Supreme Court, has focused on significant individual rights and First Amendment issues. Krystal also maintains an active pro bono practice.

Krystal served as a law clerk for the Honorable Mark S. Davis on the U.S. District Court for the Eastern District of Virginia (the “Rocket Docket”). In addition, she served as a law clerk for the Honorable Alice M. Batchelder on the U.S. Court of Appeals for the Sixth Circuit.

Roles

Jan 2024–Present
Current role

Of Counsel

Wiley Rein LLP

Washington, District of Columbia

Civil LitigationIntellectual Property AttorneyLitigation Support SpecialistEnvironmental, Social, and Governance (ESG)Appellate Litigation
Feb 2018–Jan 2024
Former role

Associate

Wiley Rein LLP

Washington, District of Columbia

Civil LitigationAppellate Litigation
Dec 2016–Dec 2017
Former role

Law clerk

Court of Appeals for the Sixth Circuit

(appointed)Ohio

Law ClerkResearchLegal Assistance

Served as judicial law clerk to the Honorable Alice M. Batchelder, researching and drafting opinions, orders, and bench memoranda.

Sep 2015–Sep 2016
Former role

Law clerk

U.S. District Court

Virginia Eastern

Law ClerkResearchLegal Assistance

Served as judicial law clerk to the Honorable Mark S. Davis, researching and drafting opinions, orders, and bench memoranda.

Jan 2015–May 2015
Former role

Legal Intern

Civil Rights Division, Department of Justice

(appointed)District of Columbia

Legal Officers and Practitioners
Aug 2014–Dec 2014
Former role

Judicial Intern

U.S. District Court

(appointed)District of Columbia

ResearchLegal Assistance
May 2014–Aug 2014
Former role

Summer Associate

Wiley Rein LLP

Washington, District of Columbia

Legal Assistance

Representative matters

Experience

May 2025

Defend ship-builder in putative class action regarding no-poach antitrust conspiracy in the Rocket Docket. Defend global defense contractor in government contracts action in the Rocket Docket. Represent renewable energy company in products liability suit against solar panel manufacturer. Represent lobbying firm in high-profile, international CFAA, trade secret, and civil RICO case. Represent telecommunications company in multi-billion dollar FCA litigation. Successfully represented DNA analysis company in dismissal of patent infringement suit in the Rocket Docket. Successfully represented campaign committee in obtaining preliminary injunction against enforcement of state campaign finance rule that violated the First Amendment. Successfully represented nonprofit in dismissal of citizen-suit brought under the Federal Election Campaign Act, including protection of First Amendment and privileged materials in discovery. Represent nonprofit organization in amicus filings regarding the Indian Child Welfare Act (ICWA) before the Fifth Circuit and the U.S. Supreme Court. Defended government contractor against improper and abusive arbitration claim, including assertion of arbitration waiver and civil contempt charges. Successfully represented restauranteur in suit against former partner for fraud and conspiracy that caused the shutdown of award-winning restaurants. Represented nonprofit think tank in amicus filings in the Ninth Circuit and the Supreme Court opposing California’s A.B.5 legislation regarding independent contractors. Successfully represented luxury car manufacturer against patent infringement claims and in bringing offensive counterclaim for inequitable conduct. Successfully defended nonprofits’, political organizations’, and individuals’ First Amendment rights and related privileges in response to litigation subpoenas. Successfully represented and defended government contractor in dual-track misappropriation and computer fraud litigation in state and federal court. Successfully represented corporations in responding to FTC and DOJ business-competition investigations. Successfully represented prominent medical practice in trademark infringement and unfair competition suit.

Recognition

Honors

Ones to Watch

The Best Lawyers in America directory

May 2025

Included in The Best Lawyers in America directory of "Ones to Watch" for Appellate Practice (2024-2025) and Commercial Litigation (2022-2025)

DC's "Rising Stars"

Super Lawyers magazine

January 2023

Named one of DC's "Rising Stars" in Constitutional Law by Super Lawyers magazine (2023)

Publications & speeches

The Joy of Using Federal Civil Procedure to Solve Your Client’s Problems

The American Bar Association's Litigation Journal

May 2024

Link

"Nowhere Man": Treat LLCs Like Corporations to Ensure Diversity Jurisdiction Remains Viable

The American Bar Association's Litigation Journal

January 2024

Link

The Rocket Docket: Ensuring Clarity and Predictability in Civil Litigation

The American Bar Association's Litigation Journal

January 2023

Link

New OCC Regulations Clarifying The Enforceability Of Interest Terms Should Be Entitled To Judicial Deference

Wiley.law

June 2020

On June 2, 2020, the Office of the Comptroller of the Currency (OCC) published a Final Rule to clarify that a bank may transfer a loan without impacting the permissibility or enforceability of the interest term in the loan contract, thereby resolving the legal uncertainty created by the Second Circuit in Madden v. Midland Funding, LLC, 786 F.3d 246 (2d Cir. 2015).

Link

Courthouse Steps Decision: USAID v. Alliance for Open Society International, Inc.

The Federalist Society — Teleforum

June 2020

Link

Courthouse Steps Oral Argument: USAID v. Alliance for Open Society International, Inc.

The Federalist Society — Webinar

May 2020

Topics: Litigation • Free Speech & Election Law