Stephanie Schuster

Stephanie’s practice is focused on complex and cutting-edge legal issues that affect the retail, technology, and transportation industries. Clients often turn to Stephanie to defend their DEI efforts and programs against challenges under 42 USC § 1981, Title II of the Civil Rights Act, and similar state and federal laws. Stephanie also counsels and regularly litigates novel issues involving the Americans with Disabilities Act (ADA) and new technologies, such as websites, apps, and autonomous vehicles.   

Stephanie has been described as “a lawyer’s lawyer.” She is sought for her creative approach, brief-writing excellence, and oral advocacy skills. She has litigated in the US Supreme Court, every US Court of Appeals, and numerous state appellate courts across the country. In many of these cases, Stephanie worked on the case from the beginning, developing and managing overall litigation strategy and briefing and arguing critical issues in the trial courts and on appeal.

Stephanie is a co-leader of the firm’s LGBTQ+ Lawyer Network and serves as Deputy Local Practice Group Leader for Litigation in Washington, DC.

• Secured an important victory with implications for the entire retail industry in a decision affirming the dismissal of claims that retailers violate the ADA if they sell gift cards without Braille (Second Circuit)
• Secured an appellate victory for a major automobile manufacturer in a case of first impression involving the whistleblower provisions of the Moving Ahead for Progress in the 21st Century Act (MAP 21) (Eighth Circuit)
• Secured a significant appellate victory for a major ridesharing technology company in a decision imposing important limitations on Article III standing of individual plaintiffs and the scope of the private right of action for entity plaintiffs under Title III of the ADA (Seventh Circuit)
• Secured an appellate victory for a statutory retiree benefit fund in a case of first impression under the Coal Industry Retiree Health Benefits Act (Coal Act) (DC Circuit)
• Secured an appellate victory for a major US railroad on the issue of whether stock railroads transfer to employees is subject to a federal tax on “money remuneration,” creating a 21-circuit split, which the Supreme Court ultimately resolved in the railroad’s favor (Eighth Circuit)
• Secured a path-marking victory for a web-only marketplace in the first federal appellate decision holding that Title III of the ADA, which applies to “places of public accommodation,” does not apply to the websites of web-only businesses (Ninth Circuit)
• Secured affirmance of a district court’s ruling on behalf of a major public utility on a claim for unjust enrichment and alleged violations of the Commerce Clause and the Atomic Energy Act (Eleventh Circuit)
• Secured reversal of a district court’s decision denying an online travel company’s motion to compel arbitration on the ground that the company’s ability to modify its terms and conditions rendered the entire contract illusory (Fifth Circuit)
• Secured an appellate victory for a local school district holding that individuals lack standing to pursue Establishment Clause claims when they do not claim to have been exposed to the challenged governmental conduct (Second Circuit)
• Secured reversal of the Social Security Administration’s decision denying benefits to an individual with multiple disabilities (DC Circuit)