Emmet Flood represents individuals, corporations and professional services firms in complex white-collar matters, Congressional investigations, professional liability disputes, and other high-stakes litigation and crisis situations. He has tried criminal and civil cases in state and federal courts and in arbitration, and has represented clients in investigations conducted by grand juries, Independent Counsel and Special Counsel, multiple federal agencies, state agencies and attorneys general, and the U.S. Senate and House of Representatives.
Mr. Flood spent two years in the White House Counsel’s office, where he had lead responsibility for directing responses by the administration of President George W. Bush to hundreds of Congressional investigations and other inquiries.
In his civil practice, Mr. Flood has served as lead plaintiffs’ counsel in trial court matters involving trusts and estates, ERISA, takings, and professional malpractice, and as defense counsel in complex commercial, securities, professional liability, regulatory and tax matters. He has represented religious institutions in litigation involving the First Amendment’s Establishment and Free Exercise clauses, and has handled many domestic and international arbitrations and related litigation. Mr. Flood has also argued numerous appeals in federal and state appellate courts.
Born in Chicago, Illinois, Mr. Flood grew up in two Chicago suburbs, Oak Park and Riverside. He graduated from the University of Dallas, magna cum laude, in 1978, then spent a year teaching English in a Dallas high school before enrolling in graduate school at the University of Texas at Austin, where he received his Ph.D. in philosophy in 1986. Mr. Flood continued as a post-doctoral fellow at Wesleyan University before entering Yale Law School, where he received his J.D. and was Executive Committee Coordinator of the Yale Law Journal. Mr. Flood clerked for Judge Ralph K. Winter, Jr. of the U.S. Court of Appeals for the Second Circuit, and for Associate Justice Antonin Scalia at the Supreme Court of the United States before joining Williams & Connolly LLP in 1994.
In early 2007, Mr. Flood left the firm to become Special Counsel and later Deputy Counsel to President George W. Bush. The House and Senate had newly-elected Democratic majorities, and Mr. Flood was charged with formulating and executing the White House and wider Administration response to more than 700 Congressional and other investigations and inquiries addressed to the Executive Branch. Mr. Flood also coordinated internal White House response strategy among the counsel, communications, and legislative affairs offices, and joint responses for the White House and Cabinet departments and agencies. Mr. Flood rejoined Williams & Connolly in 2009. He is a member of the firm’s Pro Bono Committee.
Mr. Flood’s public-record representations include and have included:
- Cameron International, the oil well blowout-preventer manufacturer, in government investigations and Congressional inquiries relating to the 2010 Gulf Oil Spill
- Ernst & Young in dozens of professional liability matters related to tax advice
- KPMG in litigation relating to independent audit services for a major bank
- Former President George W. Bush in executive privilege-related disputes involving the House Judiciary Committee and Obama administration after President Bush left office
- Vice President Dick Cheney in the civil suit brought by former CIA employee Valerie Plame against a number of senior Administration officials, Valerie Plame Wilson et al. v. I. Lewis Libby, Jr., et al
- President Bill Clinton in impeachment proceedings brought by the U.S. House of Representatives and tried before the United States Senate
Deputy Counsel to the President of the United States, 2008-2009
Special Counsel to the President of the United States, 2007-2008
Law Clerk, Associate Justice Antonin Scalia, Supreme Court of the United States, 1993-1994
Law Clerk, Judge Ralph K. Winter Jr., United States Court of Appeals for the Second Circuit, 1991-1992