Akin‘s practice routinely appears before federal and state appellate courts across the US. Highly regarded for its strength in IP, administrative law, health and labor law cases, the group also stands out at Supreme Court level for its expertise in headline-grabbing pro bono matters, particularly cases concerning human rights, Native Americans, LGBTQ+ issues and immigrant communities. Department head Pratik Shah is a former assistant to the Solicitor General and recently represented Antonio Arteaga-Martinez before the US Supreme Court (SCOTUS) in a case concerning the rights of non-citizens in immigration detention. James E. Tysse‘s broad experience spans labor and employment, administrative, constitutional, energy and class action law; he recently scored a victory for the NFL before the 5th Circuit in a case concerning NFL players’ medical care. Other key names include Julius Chen, who has an emphasis on bankruptcy, IP and administrative law-related matters, and San Francisco-based Aileen McGrath, who was recently promoted to partner and possesses significant government-side experience following a former stint as co-chief of appellate litigation in the San Francisco City Attorney’s Office. Named attorneys are based in Washington DC unless stated otherwise.
Appellate: courts of appeals / Appellate: supreme courts (states and federal) in United States
Akin
Practice head(s):
Pratik Shah
Other key lawyers:
James E. Tysse; Julius Chen; Aileen McGrath; Lide Paterno
Key clients
Antonio Arteaga-Martinez
McDonald’s
Space Exploration Technologies Corp. (SpaceX)
Nottawaseppi Huron Band of Potawatomi Indians
Janssen Pharmaceutica, N.V.
NFL
Comcast Cable Communications
CaptionCall
Washington Metropolitan Area Transit Authority
Westmont International
FirstEnergy Solutions Corp.
The Beer Institute
Mexican Tomatoes Associations
Resolute Energy Corporation
American Film Institute
HMTX Industries LLC
Horseracing Integrity and Safety Authority
Work highlights
- Represented Antonio Arteaga-Martinez in the US Supreme Court in a case concerning the rights of non-citizens in immigration detention.
- Secured a win for McDonald’s in the DC Circuit in a long-running case brought by the National Labor Relations Board.
- Secured a DC Circuit victory for SpaceX concerning the FCC’s grant of a license modification.
Arnold & Porter
Climbing a tier in 2023 for its Court of Appeals work, Arnold & Porter secured a slew of recent victories in high-stakes business appeals and constitutional law cases in lower appeal courts across the country. On the US Supreme Court side, the group continues to cement its reputation as a safe pair of hands for landmark matters, particularly those concerning sovereign and constitutional rights. John Elwood heads the practice and successfully represented Allergan at the Fourth Circuit in a significant case discussing the False Claims Act. In a precedent-setting voting rights victory, Stanton Jones represented the National Redistricting Foundation in challenging North Carolina’s congressional and state legislative maps as unconstitutional. Other experienced names include Allon Kedem, who has argued 12 times before SCOTUS, and Denver-based Reeves Anderson. The group also benefits from an impressive cadre of younger lawyers, including next-generation partner Elisabeth Theodore, who successfully acted for the American Civil Liberties Union in challenging an Iowa law banning schools from offering masks to children with disabilities. Talented senior associate Andrew Tutt recently argued, and won, an employment law case before SCOTUS concerning sovereign immunity. Named attorneys are based in Washington DC unless stated otherwise.
Practice head(s):
John Elwood
Other key lawyers:
Reeves Anderson; Elisabeth Theodore; William Perdue; Stanton Jones; Allon Kedem; Andrew Tutt; Sean SeLegue; Anthony Franze; Sally Pei
Key clients
LeRoy Torres
William Dale Wooden
Allergan
Truck Trailer Manufacturers Association
CSL Behring
ModivCare
Chelsea Polis
AIG
The Bolivarian Republic of Venezuela
Dominican Republic
National Redistricting Foundation
American Civil Liberties Union
Abade Irizarry
Hologic
Oracle
Republic and Canton of Geneva, Switzerland
NC State Conference of NAACP
BP plc
City of Boulder, Colorado
LeRoy Torres
William Dale Wooden
Allergan
Truck Trailer Manufacturers Association
CSL Behring
ModivCare
Chelsea Polis
AIG
The Bolivarian Republic of Venezuela
Dominican Republic
National Redistricting Foundation
American Civil Liberties Union
Abade Irizarry
Hologic
Oracle
Republic and Canton of Geneva, Switzerland
NC State Conference of NAACP
BP plc
City of Boulder, Colorado
Work highlights
- Secured a 5-4 victory for LeRoy Torres before the Supreme Court, in a case establishing a structural constitutional principle and safeguarding the reemployment rights of hundreds of thousands of veterans and servicemembers.
- Successfully persuaded the Fourth Circuit to affirm the dismissal of a qui tam case against AbbVie in a split decision.
- Persuaded the DC Circuit, on behalf of the Truck Trailer Manufacturers Association, to strike down portions of a joint rule issued by the Environmental Protection Agency and National Highway Traffic Safety Administration.
Baker Botts L.L.P.
On the Supreme Court front, Baker Botts L.L.P.’s Houston- and Austin-based team had a strong showing in the Texas Supreme Court over the past year. The group also regularly appears before SCOTUS, as well as lower appellate courts across the country. Arguably best known for its prominence in oil and gas-related work, the team’s expertise extends far beyond energy to encompass IP, healthcare, environment and employment-related matters, among others. Macey Reasoner Stokes heads the appellate section and successfully represented CenterPoint Energy Resources Corp before the Texas Supreme Court in a case reversing a multimillion-dollar verdict against it concerning personal injuries arising from a gas explosion. Aaron Streett, a former US Supreme Court clerk, chairs the Supreme Court and constitutional law practice; he is recognized for his record before the Fifth Circuit and DC Circuit, where he has argued 35 times across both circuits.
Practice head(s):
Macey Reasoner Stokes; Aaron Streett
Other key lawyers:
Thomas Phillips; Stephanie Cagniart; Mark Little
Testimonials
‘Great knowledge of the energy industry and issues of concern.’
‘Quick ability to analyze issues and identify arguments. Very good communication and excellent brief writing.’
‘Aaron Streett and Mark Little are highly knowledgeable and give sound advice regarding value of arguments.’
Key clients
AT&T
Baylor College of Medicine
BCCA Appeal Group
Calpine Corporation
CenterPoint Energy Resources Corp.
Charter Day School, Inc.
Chevron Corporation
Committee on Investment of Employee Benefits
ConocoPhillips
ConocoPhillips Company
DHI Group, Inc. and Rigzone.com, Inc.
DISH Network
Dril-Quip, Inc.
Exxon Mobil Corporation
FedEx Freight, Inc.
FINRA
GMG Health Systems Associates, P.A.
Groff, Gerald E.
Guadalupe-Blanco River Authority
Halliburton Energy Services, Inc.
Hittle, Ronald
ITC Holdings Inc.
Janvey, Ralph S.
JSW Steel (USA) Inc.
Keurig Dr Pepper
Kinder Morgan Texas Pipeline LLC
Landry’s, Inc.
Lockheed Martin Corporation
Lowe’s Companies, Inc.
Lyft, Inc.
Magnolia Oil & Gas Operating LLC
MP Gulf of Mexico, LLC
National Association of Clean Water Agencies
Phillips 66
Port of Corpus Christi Authority of Nueces County
Qualcomm
Repsol Oil & Gas, LLC
Sand Canyon Corporation
Sunnova Energy Corporation
Tenaris Bay City, Inc.
Texas Oil & Gas Association
U.S. Chamber of Commerce
Vitol Americas Corp.
Xcel Energy
Zydus Pharmaceutical, Inc. / Cadila Healthcare Ltd.
Bracewell LLP
Bracewell LLP‘s compact practice punches above its weight in the energy sphere, where it handles complex appeals for clients such as Apache, Kinder Morgan and Venoco. Other areas of activity for the two-partner, Houston-based team include insurance, IP and environmental law. Department chair Warren Harris is noted for his broad experience in both federal and state appellate courts; he recently represented Jane Doe plaintiffs in a case alleging that Salesforce knowingly provided technology, support and services to facilitate the sex trafficking operations of its client, Backpage. Jeffrey Oldham re-joined Bracewell in December 2021 after serving as general counsel for Texas Governor Abbott. Yvonne Ho was appointed to the bench in March 2022.
Practice head(s):
Warren Harris
Other key lawyers:
Jeffrey Oldham; Walter Simons
Key clients
BMC Software, Inc., a KKR portfolio company
Venoco, LLC
Data Marketing Partnership, L.P. and L.P. Management Services, L.L.C.
The Board of Regents of the University of Texas System
Hilcorp Energy Company
G.G. and Deanna Rose
Linda Moody
Apache Corporation
Westlake Chemical Corporation
Ampersand Chowchilla Biomass, LLC and Merced Power, LLC
Permian Highway Pipeline LLC
North Silo Resources, LLC
Linda Moody
McAllen Trust Partnership and James Argyle McAllen
The Board of Regents of the University of Texas System
Work highlights
- Represented Jane Doe plaintiffs in a case before the California Court of Appeals First Appellate District, which alleged Salesforce knowingly provided technology, support and services to facilitate the sex trafficking operations of its client Backpage.
- Acted for BMC Software in a lawsuit against IBM, after IBM unlawfully replaced the BMC mainframe software products licensed by AT&T with IBM’s own products.
- Successfully represented Apache against Apollo Exploration in a series of oil and gas cases.
Cravath, Swaine & Moore LLP
Cravath, Swaine & Moore LLP routinely appears before state and federal appellate courts across the country, where it represents both appellants and appellees in complex IP, securities, antitrust and class action-related cases, among others. The group is often involved in appeals for which it handled the preceding trial litigation, but it also picks up a significant volume of new mandates at appellate level. Litigation co-head Gary Bornstein is noted for his focus on antitrust, M&A and securities work; he co-steers the practice alongside Kevin Orsini–both are based in New York.
Practice head(s):
Gary Bornstein; Kevin Orsini
Other key lawyers:
Yonatan Even; Antony Ryan; Evan Chesler; Lauren Moskowitz
Key clients
Alarm.com Inc.
American Express Company
Boston Red Sox Baseball Club LP
Colgate-Palmolive Company
Epic Games, Inc.
Louis Dreyfus Company, LLC
Morgan Stanley
PG&E Corporation
Robinhood Markets, Inc.
Starz Entertainment, LLC
Work highlights
- Secured a precedential Ninth Circuit decision for Starz Entertainment, affirming that the Copyright Act did not impose a time-based bar on damages for copyright infringement claims separate from the three-year statute of limitations.
- Successfully represented American Express at the Second Circuit, when it secured a decision affirming the dismissal of antitrust claims relating to AmEx’s anti-steering rules.
- Secured a victory for Alarm.com before the Federal Circuit in litigation against the USPTO.
Gibson, Dunn & Crutcher LLP
Widely acknowledged as a ‘go-to’ firm for appellate work, Gibson, Dunn & Crutcher LLP‘s formidably deep bench nationally is reflected by its consistent involvement in complex appeals across the US. A dominant player in cases involving government powers–an increasingly topical trend–the group also excels in business and international disputes. At the US Supreme Court level, Washington DC-based Helgi Walker recently scored a unanimous victory on behalf of the National Association of Broadcasters in a high-profile case concerning media ownership restrictions. Other key contacts in Washington DC include former Solicitor General Theodore Olson, Miguel Estrada, who has argued 24 cases before SCOTUS, and department co-chair Thomas Dupree. Allyson Ho, who has recently secured high-profile wins at the Fifth Circuit and Texas Supreme Court among others, and Julian Poon additionally co-chair the practice from Dallas and Los Angeles respectively. Also in Los Angeles, Theodore Boutrous is sought after for his premier record before federal and state appellate courts, including SCOTUS. The group was strengthened in 2022 through a trio of lateral hires: Lauren Goldman joined in New York from Mayer Brown, where she was co-head of the supreme court and appellate practice; Jonathan Bond rejoined the firm in Washington DC after serving as an Assistant to the Solicitor General; while Gregg Costa, formerly a judge for the Fifth Circuit, joined in Houston.
Practice head(s):
Thomas Dupree; Allyson Ho; Julian Poon
Other key lawyers:
Theodore Boutrous; Theodore Olson; Miguel Estrada; Helgi Walker; Thomas Hungar; Lauren Goldman; Jonathan Bond; Gregg Costa
Key clients
National Association of Broadcasters
Chevron Corporation
One Technologies
United Behavioral Health
Visa
UBS
Meta
Walmart
Hewlett-Packard
Amrock
National Association of Broadcasters
Chevron Corporation
One Technologies
United Behavioral Health
Visa
UBS
Meta
Walmart
Hewlett-Packard
Amrock
Goodwin
Lawyers in Goodwin’s practice demonstrate ‘deep and insightful strategic thinking‘, according to clients. A popular choice to represent life sciences and technology clients in appellate work, in line with the wider firm’s signature strengths, the group also had strong recent showings in financial services, class actions and social justice-related appeals. In Washington DC, seasoned group co-chair William Jay is widely lauded for his top-level experience, which includes arguing 17 cases before SCOTUS. Jay is currently representing Novartis in appellate matters related to ongoing European patent litigation between it and Eli Lilly. Also in Washington DC, next-generation partner Brian Burgess is singled out as an ‘outstanding writer and oral advocate‘, while Jaime Santos is noted for her record in ERISA, patent, and constitutional law-related litigation. In Boston, key contacts include department co-chair Kevin Martin, highly active associate Gerard Cedrone, and David Zimmer, who has a focus on IP, administrative law, and consumer finance-related matters.
Practice head(s):
William Jay; Kevin Martin
Other key lawyers:
Jaime Santos; David Zimmer; Brian Burgess; Gerard Cedrone; Andrew Kim; Edwina Clarke; Michael Giannotto
Testimonials
‘Goodwin Procter’s appellate group includes not only lawyers with extensive appellate experience, but also lawyers with extensive experience in the various subject matter areas as well.’
‘William Jay, David Zimmer and Kevin Martin are all appellate lawyers with extensive experience, strong brief-writing skills and great oral advocacy skills.’
‘Lawyers’ key strengths include deep and insightful strategic thinking and masterful writing and oral argument.’
‘Michael Giannotto is a very experienced and insightful strategic thinker, but he is also personable and practical with a good sense of humor.’
‘Brian Burgess is an outstanding writer and oral advocate, who is also very attentive to the needs of his clients.’
Key clients
Alvotech hf
Boeing Company
CNA Insurance
Dr. Reddy’s Laboratories
Medidata Solutions
Novartis
Personalized Media Communications
Rocket Mortgage
Teachers Investment and Annuity Association
Teva Pharmaceuticals USA, Inc.
Alvotech hf
Boeing Company
CNA Insurance
Dr. Reddy’s Laboratories
Medidata Solutions
Novartis
Personalized Media Communications
Rocket Mortgage
Teachers Investment and Annuity Association
Teva Pharmaceuticals USA, Inc.
Work highlights
- Representing Novartis in appellate matters related to ongoing European patent litigation between it and Eli Lilly in Ireland, Switzerland, Italy and the Netherlands, and the European Patent Office.
- Representing Boeing in its appeal from class certification in a multibillion-dollar RICO action.
- Representing Teachers Investment and Annuity Association in an appeal before the Second Circuit.
Greenberg Traurig LLP
Greenberg Traurig LLP brings to bear a robust record in appellate work, which has seen members of its team argue before the US Supreme Court as well as all 13 federal circuit courts. Drawing on platforms across the country, with particularly well-staffed groups in Miami, Austin and New York, the practice handles appeals concerning class actions, energy, election law, labor, IP and administrative law, among others. Among its recent wins, Austin-based Dale Wainwright successfully represented CR Bard before the Fifth Circuit in a failure-to-warn case involving medical devices. Wainwright co-chairs the practice alongside Miami-based Elliot Scherker and New York-based Carmen Beauchamp Ciparick. Dominic Draye, who splits his time between Washington DC and Phoenix, is also noted.
Practice head(s):
Elliot Scherker; Dale Wainwright; Carmen Beauchamp Ciparick
Other key lawyers:
Dominic Draye; William Eye; Justin Bernstein; Skip Watson
Key clients
C. R. Bard, Inc.
Activision Blizzard, Inc.
Telemundo Television Studios LLC
Hornblower Yachts LLC
Related Group
Mosaic Fertilizer, LLC
Centurion of Florida LLC
Academy Sports + Outdoors
Electric Boat Corporation
Work highlights
- Successfully represented CR Bard Inc before the Fifth Circuit in a failure-to-warn case involving medical devices.
- Successfully represented Activision Blizzard in obtaining a reversal on appeal, which held that a putative class action case brought against it must be resolved in a non-class arbitration.
- Successfully defended Telemundo Television Studios before the Eleventh Circuit in a copyright infringement case.
Haynes and Boone, L.L.P.
Haynes and Boone, L.L.P.’s ‘extraordinary appellate team’ ranks among the market leaders in Texas, yet the firm’s appellate activity extends far beyond its home state to encompass federal and state courts of appeal across the country, with its record before SCOTUS particularly impressing. US Supreme Court practice chair Daniel Geyser splits his time between Denver and Dallas; he has argued 13 cases before SCOTUS, including recently representing Alexandru Bittner in a high-stakes dispute over tax-related penalties. Other key contacts include Dallas-based Ben Mesches, who leads the appellate practice group, and Houston’s Mark Trachtenberg, who is ‘brilliant, thorough, attentive, and passionate about his work’.
Practice head(s):
Daniel Geyser; Ben Mesches
Other key lawyers:
Mark Trachtenberg
Testimonials
‘Haynes and Boone has an extraordinary appellate team. They work collaboratively-both with the client and the trial lawyers. They’re responsive and pay attention to detail.’
‘Mark Trachtenberg is the best appellate lawyer I know. He’s brilliant, thorough, attentive, and passionate about his work. I can’t recommend him highly enough.’
Key clients
Archer and White Sales, Inc. / McKool Smith, P.C.
Todd Kurtin
Alexandru Bittner
Gary Varjabedian and Jerry Mutza
Alfred H. Siegel, Trustee of the Circuit City Stores, Inc. Liquidating Trust
Martin Gottesfeld
Lisa Crain, et al.
Shaun A. House and Demetrios Pullos
Jesse Polansky, M.D., M.P.H.
Denise A. Badgerow
Unified Patents, LLC
Twitter, Inc.
SurgiSil
Curo Health Services, Inc.
Hertz Global Holdings, Inc.
Work highlights
- Obtained a victory for IDEXX Laboratories, before the Fourteenth Court of Appeals of Texas, in a patent-licensing lawsuit brought by the University of Texas.
- Successfully persuaded a Texas appellate court to overturn a $110m fraud verdict against BBVA.
- Retained by Pizza Hut to defend a trial decision at appellate level.
Jones Day
Jones Day fields a destination appellate practice, which is recognized for its ‘superb combination of legal expertise, strategic thinking and communication skills‘. A consistent fixture on high-profile appeals nationally, both before SCOTUS and federal and state appellate courts, the group can turn its hand to complex cases across all key business and constitutional spheres. Among its recent high-profile SCOTUS victories, Yaakov Roth successfully represented the North American Coal Corporation in reversing a DC Circuit decision that gave the EPA authority to transform the power sector to reduce greenhouse gas emissions. Additionally, Noel Francisco was granted a petition for certiorari filed on behalf of Glacier Northwest in a case discussing the interplay between property rights and the National Labor Relations Act. High-profile figure Michael Carvin has a prominent record in challenging state and federal regulations; he successfully represented two trade associations of consumer lenders before the Fifth Circuit in securing a decision that the Consumer Financial Protection Bureau’s funding mechanism is unconstitutional. In New York, department head Traci Lovitt convinced the Second Circuit to reject an appeal by former IBM employees concerning the Older Workers Benefit Protection Act. Hashim Mooppan, who has argued four cases at the US Supreme Court, and of counsel Beth Heifetz are also experienced names, while Jeffrey Johnson is a talented up-and-coming partner. Benjamin Mizer left to become General Counsel at the US Office of Personnel Management. Named attorneys are based in Washington DC unless stated otherwise.
Practice head(s):
Traci Lovitt
Other key lawyers:
Michael Carvin; Noel Francisco; Yaakov Roth; Hashim Mooppan; Beth Heifetz; Jeffrey Johnson; Amanda Rice
Testimonials
‘Superb combination of legal expertise, strategic thinking and communication skills (both oral and written).’
‘Noel Francisco is the most capable, empathetic and humble lawyer I have ever met.‘
‘Yaakov Roth is a genius beyond compare and a master with strategy and prose.’
Key clients
Chevron Corporation
Community Financial Services Association of America
Experian Information Solutions, Inc.
Flowers Foods
Fox News Network
Glacier Northwest, inc.
International Business Machines Corporation
North American Coal Corporation
Qualcomm Incorporated
R.J. Reynolds Tobacco Company
University of Michigan
U.S. Steel Corporation
Work highlights
- Successfully represented the North American Coal Corporation at the Supreme Court, with the reversal of a DC Circuit decision that gave the EPA authority to transform the power sector to reduce greenhouse gas emissions.
- Secured from the Supreme Court, on behalf of Joseph Percoco, a petition for certiorari challenging Percoco’s conviction for honest-services fraud arising from conduct when he was a private citizen serving as campaign manager.
- Represented two trade associations of consumer lenders in securing a Fifth Circuit decision holding that the Consumer Financial Protection Bureau’s funding mechanism is unconstitutional.
King & Spalding LLP
Comprised of ‘creative lawyers who focus on solving issues’, King & Spalding LLP houses a comprehensive appellate practice, which has notched up appearances before federal and state appellate courts nationwide, as well as the US Supreme Court. The group’s ability to leverage subject-matter experts from across the wider firm’s regulatory and litigation practices is a significant differentiator and it is particularly experienced in the energy, IP, and life sciences and healthcare spheres. Jeffrey Bucholtz, who is noted for his experience in representing FDA-regulated companies, co-chairs the department together with Ashley Parrish, whose practice has a strong administrative law dimension; both are based in Washington DC. The team also includes Silicon Valley-based Anne Voigts, who recently paired up with Washington DC-based Medicare reimbursement specialist Daniel Hettich to represent Empire Health Foundation before SCOTUS in a case concerning reimbursement rates for hospitals that serve a disproportionate share of indigent patients.
Practice head(s):
Jeffrey Bucholtz; Ashley Parrish
Other key lawyers:
Anne Voigts; Daniel Hettich
Testimonials
‘Creative lawyers who focus on solving issues. Willing to provide direct opinions and views without too much hedging or qualification.’
‘Ashley Parrish is a creative lawyer who quickly sees through complex matters to the core legal issues. Strategic thinker who focuses on end game as well as next steps. Understands, and can help navigate, not just the legal environment but also the broader political and external environment.’
Key clients
ABB, Inc.
AbbVie (including Allergan)
American Clinical Laboratory Association
American Honda Motor Co
Atlanta Gas Light Company
BASF
Benefytt Technologies
Bristol-Myers Squibb
Care Alternatives
Chevron Corporation
Delta
Eaze Technologies, Inc.
Empire Health Foundation
Equifax
Everport
Federal Reserve Banks
Florida Hospital Association
Halliburton
Hope Medical
Huntington Ingalls Industries, Inc.
Ipsen Biopharmaceuticals, Inc.
James Shaw
Julia Hahn
JW Aluminum Company
Lyft, Inc.
Melinta Therapeutics
Mid-American Apartments, Inc.
Molina Healthcare
Nawai Wardak Transportation Company
Novo Nordisk
NSO Technologies
Postmates Inc.
Purdue Pharma
R.J. Reynolds Tobacco Co.
RD Legal Funding
SmileDirectClub
Stokes
Texaco, Inc.
The Federal Reserve Banks
Triangle Capital Corporation
U.S. Chamber of Commerce
Walmart
Work highlights
- Represented Empire Health Foundation before the Supreme Court in a case concerning reimbursement rates for hospitals that serve a disproportionate share of indigent patients.
- Successfully convinced the Supreme Court to grant its petition for certiorari in a Section 1983 case against a state trooper for malicious prosecution.
- Represented JW Aluminum as counsel of record in opposing a petition for certiorari to the Supreme Court in litigation addressing whether the obligations imposed by the Coal Act are subject to discharge in bankruptcy.
Kirkland & Ellis LLP
Historically a strong player in appellate matters, Kirkland & Ellis LLP has established an impressive record of involvement in major cases at the federal courts of appeals, state appellate courts, and the US Supreme Court. In Washington DC, former Deputy Associate Attorney General John O’Quinn is noted for his expertise in IP and regulatory-related cases; he is representing Safeway in False Claims Act litigation alleging that defendants’ pharmacies misrepresented their usual and customary prices. George Hicks splits his practice between Washington DC and Dallas; he recently secured a win in the Eleventh Circuit for BP Exploration & Production in one of the first appeals addressing the ‘Back-End Litigation Option’ process established by the Deepwater Horizon medical settlement agreement. In New York, Jay Lefkowitz is recommended for his broad trial and appellate experience; he recently secured appellate victories for New Mountain Capital portfolio company, Ciox Health before the Ninth and Seventh Circuits. Washington DC-based William Burgess additionally stands out for his emphasis on patent and regulatory-related appeals. The firm saw some significant changes to its appellate practice in 2022: Paul Clement and Erin Murphy left to launch a new boutique and several attorneys followed, including Bartow Farr and Harker Rhodes.
Practice head(s):
John O’Quinn
Other key lawyers:
George Hicks; Jay Lefkowitz; William Burgess
Key clients
BP Exploration & Production, Inc.
CIOX Health
Gulfport Energy Corporation
Lannett Company, Inc.
Motorola Solutions, Inc.
NetChoice
Parma Investments Ltd.
Safeway Inc.
Ultra Petroleum Corporation
Safeway, Inc. (Albertson Companies, Inc.)
SuperValu, Inc. (Albertson Companies, Inc.)
American Samoa Government
Sanofi
Work highlights
- Scored a win in the Eleventh Circuit for BP Exploration & Production in one of the first appeals addressing the ‘Back-End Litigation Option’ process established by the Deepwater Horizon medical settlement agreement.
- Obtained a major appellate victory over the Federal Energy Regulatory Commission (FERC), when the Fifth Circuit vacated four FERC orders issued against Gulfport Energy Corporation.
- Represented SuperValu, and a number of its affiliates, in a whistleblower case alleging that pharmacies misrepresented their usual and customary prices in violation of the False Claims Act.
Kramer Levin Naftalis & Frankel LLP
New entrant to the table for 2023, Kramer Levin Naftalis & Frankel LLP boosted its appellate practice through its recent combination with Washington DC-based litigation boutique Robbins, Russell, Englert, Orseck & Untereiner LLP. The merger sees the arrival of high-profile appellate specialist Roy Englert, who has argued 21 times before the US Supreme Court, prevailing in 18, as well as trial and appellate lawyer Matthew Madden. Comprised of ‘insightful and concise’ advocates, the group had a particularly strong year in bankruptcy-related cases, where it could leverage the wider firm’s robust restructuring expertise. The team has also recently handled cases involving voting rights, financial services, IP and environmental law, among other matters.
Practice head(s):
Roy Englert
Other key lawyers:
Matthew Madden
Testimonials
‘Roy Englert, Matthew Madden, and their team are exceptional appellate lawyers, who quickly understand the specifics of a business and the application of those specifics to the case.’
‘Their arguments are insightful and concise. And most, importantly, they win.’
‘Lawyers stand out for their experience and focus. You get their expertise applied to your matter.’
Key clients
Irving Picard, Trustee for the Madoff estate
Dr. Xiulu Ruan
Ad hoc committee of governmental and other claimants in the Chapter 11 bankruptcy of Purdue Pharma
Health and Hospital Corporation of Marion County
Highland Capital Management, L.P.
Outdoor Recreation and Conservation Organizations
Ten scholars of Alabama history and the making of the modern South
Industry groups representing pork producers and farms in Canada, Mexico, and Illinois
Sutton 58 Associates LLC (affiliated with Gamma Realty)
Rohm Co., Ltd.; Rohm Semiconductor USA, LLC
Field Intelligence, Inc.
Sirius XM Radio Inc.
New York Intellectual Property Association
Work highlights
- Secured a major victory for Irving Picard, Trustee for the Madoff estate, before the Second Circuit.
Latham & Watkins LLP
Latham & Watkins LLP’s premier appellate practice is commended for its ‘strong bench with a number of very talented advocates’. Among its other key attributes, the group stands out for its enviable win record, which saw the team argue five cases before the US Supreme Court during the 2021 term, and prevail in four. The team is also routinely engaged by Fortune 500 companies to handle complex and high-stakes cases before federal and state appellate courts. High-profile practice head Gregory Garre has argued 47 cases before the US Supreme Court; he recently acted alongside Roman Martinez to successfully represent Carlos Vega–a Los Angeles sheriff’s deputy–in a case establishing that police officers cannot be held liable for money damages under Section 1983 for failing to provide a criminal suspect with a Miranda warning. In another SCOTUS matter, Melissa Arbus Sherry, highlighted for her ‘great courtroom presence‘, delivered a unanimous win for Boechler PC in a complex taxpayers’ rights case. Other key contacts include Richard Bress, who has significant Supreme Court experience, and Michael Bern, who successfully represented Strabag on appeal in a €100m dispute with Libya regarding harm to Strabag arising from the Libyan Revolution. All named attorneys are based in Washington DC.
Practice head(s):
Gregory Garre
Other key lawyers:
Richard Bress; Melissa Arbus Sherry; Roman Martinez; Michael Bern
Testimonials
‘I work at a peer law firm and have recommended this firm to others in the Supreme Court space because they have a strong bench with a number of very talented advocates.’
‘Melissa Arbus Sherry has a great courtroom presence and is a superb brief-writer.’
Key clients
Boechler P.C.
ZF Automotive US
Carlos Vega
Union Pacific Railroad Company
The Andy Warhol Foundation
Michelle Cochran
Miguel Luna Perez
National Organization of Veterans Advocates (NOVA)
Netflix
Starkist
Northwestern University
Thomas Buffington
CCC Intelligent Solutions Inc.
Restoration Robotics
US Soccer Federation
The Gap, Inc.
Michigan State University
Mayer Brown
Mayer Brown argued more than 50 cases before federal and state appellate courts over the past year and notched up over 24 wins, including for high-profile clients such as Meta, General Motors and Planned Parenthood. Equally adept at representing clients in business and constitutional cases, the sizeable team is active across the country. In one of 2022’s most headline-grabbing matters, Washington DC-based Nicole Saharsky successfully represented the players of the US Women’s soccer team in their appeal of an adverse summary judgment ruling on pay equity. Seasoned appellate specialist Andrew Pincus, also in DC, is highly regarded for his track record in complex appeals; he recently secured a victory for HSBC at the DC Circuit in an Anti-Terrorism Act lawsuit. In a significant case before the US Supreme Court, Chicago’s Timothy Bishop represented two major industry groups in a challenge to California’s Proposition 12, which argues that the regulation of business practices outside of California’s borders violates the dormant commerce clause of the US Constitution. Other experienced names include DC’s Evan Tager, who recently convinced the Ninth Circuit to reverse a district court’s decision denying AT&T’s motion to compel arbitration in a consumer class action, and former Illinois Solicitor General Michael Scodro in Chicago. The group also leans on a talented band of younger lawyers, including Chicago-based associate Avi Kupfer, who has presented oral argument in 14 appeals. Lauren Goldman recently left the firm.
Practice head(s):
Andrew Pincus; Nicole Saharsky
Other key lawyers:
Timothy Bishop; Evan Tager; Michael Scodro; Avi Kupfer; Carmen Longoria-Green
Key clients
3M
AT&T
Cargill
Facebook (NKA Meta)
General Motors
Nestlé
Spotify
The Bank of New York Mellon
US Chamber of Commerce
Work highlights
- Successfully represented the players of the US Women’s soccer team in their appeal of an adverse summary judgment ruling on pay equity.
- Represented two major industry groups in a constitutional challenge to California’s Proposition 12 before the US Supreme Court.
- Secured a Second Circuit appellate win for Citibank in a $500m wire transfer case with widespread industry implications.
McDermott Will & Emery LLP
The growing appellate practice at McDermott Will & Emery LLP added seven new clients to its roster over the past year, including Astellas Pharmaceuticals, and the Electric Power Supply Association. The Washington DC-based group’s increasing activity was reflected by its recent promotion of appellate-focused lawyers Andrew Lyonsberg and Sarah Hogarth to the partnership. Among its recent key cases, the team has represented an array of multinational corporations, trade associations and financial institutions on appeals involving constitutional law, business disputes and immigration law, among other matters. Paul Hughes, who has argued before the Supreme Court nine times, co-heads the practice together with increasingly prominent next-generation partner Michael Kimberly.
Key clients
Medical Imaging & Technology Alliance
Advanced Medical Technology Association
U.S. Chamber of Commerce
National Association of Manufacturers
Pharmaceutical Care Management Association (PCMA)
Vanda Pharmaceuticals
Express Scripts
Medicaid & Medicare Advantage Products Association of Puerto Rico
Blackboard, Inc.
Virginia Healthcare and Hospital Association
Electric Power Supply Association
New England Power Generators Association Inc.
Independent Power Producers of New York
NCAA
Bankers Trust
Astellas Pharmaceuticals
NCR Corporation
Various pro bono clients
Work highlights
- Successfully represented the US Chamber of Commerce, the National Association of Manufacturers, and the Information Technology Industry Council at the DC Circuit in their defense of the Optional Practical Training program.
- Successfully represented the Independent Power Producers of New York in challenging the Federal Energy Regulatory Commission’s rejection of the New York Independent System Operator’s rate tariff filing.
- Represented the Virginia Hospital & Healthcare Association and the Medical Society of Virginia in a constitutional and regulatory challenge against the Centers for Medicare and Medicaid Services and the Virginia Department of Medical Assistance Services.
MoloLamken LLP
The appellate practice at national litigation boutique MoloLamken LLP is commended by sources for its ‘unmatched intellect, knowledge of law and strategic case management’. A popular choice for complex cases involving patents, energy, telecoms, and sovereign immunity-related issues, the ‘super humble, but really smart’ group consistently appears before the Supreme Court and other federal courts of appeals. Firm co-founder Jeffrey Lamken spearheads the practice and has argued 27 cases before the US Supreme Court; he successfully represented Amgen in obtaining Supreme Court review of a Federal Circuit decision holding certain of Amgen’s patents invalid for a lack of enablement. In another SCOTUS case, Lamken teamed up with up-and-coming partner Lucas Walker, noted for his ‘great writing style’, and Michael Pattillo, who has strong experience in high-stakes patent cases, to represent Abitron Austria in a case concerning whether the Lanham Act applies to foreign sales. Robert Kry, who has extensive expertise in acting for or against foreign sovereigns and state-owned entities, is also recommended. Named attorneys are based in Washington DC. James Barta left 2022 to become Deputy Solicitor General of Indiana.
Practice head(s):
Jeffrey Lamken
Other key lawyers:
Michael Pattillo; Robert Kry; Lucas Walker; Rayiner Hashem; Sara Margolis; Sarah Newman
Testimonials
‘Friendly, personal service. Unmatched intellect, knowledge of law and strategic case management. Familiarity with technology, intellectual property, commercial contracts, international conflict of law and the appellate court process.’
‘Very down to earth people. Super humble, but really smart.’
‘Jeffrey Lamken is outstanding. He does a fantastic job preparing for very complicated arguments.’
‘An extremely competent team. Very flexible and easy to work with.’
‘Jeffrey Lamken has a huge experience with US Supreme Court proceedings. Lucas Walker has a great writing style.’
‘A brilliant team. Very hard-working. Jeffrey Lamken is outstanding.’
‘Jeffrey Lamken is an absolute pleasure to work with, coupled with a formidable intellect, clarity of thought and depth of experience with appellate and Supreme court process.’
Key clients
Amgen Inc.
Abitron Austria GmbH, Abitron Germany GmbH, Hetronic Germany GmbH, Hydronic-Steuersysteme GmbH, ABI Holding GmbH, Albert Fuchs
The Humane Society of the United States
Merck Sharp & Dohme, LLC
Uniloc 2017, Uniloc USA, and Uniloc Luxembourg
Vermont National Telephone Company
The Regents of the University of California, the University of Vienna, and Emmanuelle Charpentier
Wi-LAN
PJM Interconnection
Ericsson Inc.; Telefonaktiebolaget LM Ericsson
The Gap, Inc.
Work highlights
- Represented the Humane Society of the United States in the US Supreme Court in defending California’s Proposition 12 against a dormant Commerce Clause challenge.
- Represented Amgen in the US Supreme Court in a case challenging the Federal Circuit’s interpretation of the Patent Act’s ‘enablement’ requirement.
- Represented Abitron Austria GmbH in the US Supreme Court in a case concerning whether the Lanham Act–the primary US trademark statute–applies to foreign sales.
Morgan, Lewis & Bockius LLP
Morgan, Lewis & Bockius LLP handles a significant volume of appeals before state and federal appellate courts, while it also has experience in arguing, and winning, cases before the US Supreme Court. The practice is driven out of Washington DC by David Salmons, who recently teamed up with fellow DC partner Michael Kenneally to represent Tesla in a challenge to a National Labor Relations Board order concerning unfair labor practices. The group also draws on the experience of San Francisco-based Thomas Peterson, who has argued more than 75 appeals before state and federal appellate courts, and Houston-based William Peterson, who has a focus on patent appeals in the Federal Circuit.
Practice head(s):
David Salmons
Other key lawyers:
Thomas Peterson; William Peterson; Bryan Killian; Michael Kenneally; Stephanie Schuster
Key clients
Tesla, Inc.
Southern California Gas Company
Missouri Foster Children
The Boeing Company
Baxalta Inc. and Baxalta GmbH
National Gas & Electric, LLC
Expedia, Inc. (WA)
AstraZeneca
Community Legal Services of Philadelphia (CLS)
Nippon Shinyaku Co.
ConocoPhillips Company
Novo Nordisk
Restaurant Law Center
Amazon.com, Inc.
Hotels.com, L.P.; Expedia, Inc.; Hotwire, Inc.; TripNetwork, Inc.; Internetwork Publishing Corp.; Orbitz, LLC; and Travelnow.com, Inc.
Amazon Inc.
Work highlights
- Represented Tesla in challenging a National Labor Relations Board order finding unfair labor practices based on a tweet by Elon Musk.
- Served as coordinating and litigation counsel for Southern California Gas Company and Sempra Energy concerning a set of interrelated legal matters arising from the 2015 natural gas leak at the Aliso Canyon storage facility.
- Secured a win for several online travel companies, including Hotels.com and Expedia, in a US Supreme Court case concerning cost awards.
Morrison Foerster
‘A very efficient, experienced and user-friendly team’, Morrison Foerster handles appeals in every area of law, and in all appellate courts, but is arguably best known for its formidable record in IP appeals before the Federal Circuit. In Washington DC, group co-chair Deanne Maynard is noted for her strong track record before the US Supreme Court, where she has argued 14 times, winning 11. Maynard recently obtained a positive result for Pivotal Software, when SCOTUS granted a petition for a writ of certiorari requesting review of a major securities law question. In another high-profile case, Washington DC-based Brian Matsui secured a victory for CR Bard in the Federal Circuit, winning a reversal and reviving CR Bard’s invalidity challenges to patent claims asserted against it in district court. Other key contacts include Washington DC office head Joseph Palmore, who co-heads the department, San Francisco-based James Sigel and of counsel Lena Hughes, who has significant experience in the Second Circuit, where she clerked on both the appellate and district courts.
Practice head(s):
Deanne Maynard; Joseph Palmore
Other key lawyers:
Brian Matsui; James Sigel; Lena Hughes; Seth Lloyd; Matthew Kreeger
Testimonials
‘A very efficient, experienced and user-friendly team. There seems to be deep experience and good advice with practical steps, which is reassuring.’
‘Senior counsel Matthew Kreeger and Brian Matsui seem very experienced and I feel that I am in good hands.’
Key clients
VMware, Inc.
Banc of California
Renesas Electronics Corporation
C.R. Bard, Inc.
Walmart
Ralphs Grocery Co.
AK Futures LLC
The UPS Store, Inc.
National Abortion Federation
Canaccord Genuity
Work highlights
- Scored a win for Pivotal Software, when the US Supreme Court granted a petition for a writ of certiorari requesting review of a major securities law question.
- Secured a victory in the Federal Circuit for VMware in an ongoing patent infringement lawsuit involving virtual system optimization software.
- Obtained three wins, in three separately argued cases, for Renesas Electronics Corp, which stemmed from Broadcom Corporation’s allegations that Renesas’s system-on-a-chip components infringed Broadcom’s patent claims.
Munger, Tolles & Olson
California-headquartered national firm Munger, Tolles & Olson punches above its weight in the appellate area, with the ability to draw on a host of Solicitor General’s Office alumni. Most notably, former Solicitor General Donald Verrilli is considered by many to rank among the leading appellate advocates in the country; he successfully represented the American Hospital Association before the US Supreme Court in a successful challenge to a major Medicare reimbursement rule change. A former Assistant to the Solicitor General, Elaine Goldenberg has argued 12 cases in the US Supreme Court; she recently represented Lyft in two successful federal appeals discussing the scope of the transportation-worker exception to the Federal Arbitration Act. Ginger Anders, also a former Assistant to the Solicitor General, recently represented Dzhokhar Tsarnaev in a case discussing the scope of the Eighth Amendment right to present mitigating evidence at the penalty phase of a capital trial. In San Francisco, Benjamin Horwich is noted for his experience in competition law and federal preemption-related cases. Rachel Miller-Ziegler, who was recently promoted to partner, is also recommended. Named attorneys are based in Washington DC unless stated otherwise.
Other key lawyers:
Donald Verrilli; Elaine Goldenberg; Ginger Anders; Benjamin Horwich; Rachel Miller-Ziegler
Testimonials
‘Donald Verrilli: quality, quality, quality. Excellent in-depth preparation, easy to work with, excellent advocate, respected by the Court.’
Key clients
BNSF Railway Co.
Southern California Edison, Edison International and Edison executives
Lyft, Inc.
Applied Materials, Inc.
Block, Inc.
Google LLC, Waze and Samsung Electronics Co., Ltd.
Intel Corporation’s Board of Directors
AbbVie, Inc.
Ideker Farms
Chevron Texaco Capital Corporation
The Walt Disney Company, 21st Century Fox and Paramount Pictures Corporation
The Walt Disney Company
99 Cents Only Stores
American Hospital Association
Wells Fargo Bank, N.A.
The State of North Carolina
Berkshire Hathaway Life Insurance Company of Nebraska
Fairfax County School Board
Confederación Hípica de Puerto Rico, Inc.
Dzhokhar Tsarnaev
Robert Olan
Roy Harness
Karl Fontenot
Thewodros Wolie Birhanu
Work highlights
- Representing Grayscale Investments in a challenge in the DC Circuit to a decision by the SEC to deny a proposal by a national securities exchange to list and trade shares of Grayscale Bitcoin Trust.
- Represented Lyft in two successful appeals in the First Circuit and Ninth Circuit respectively, which discussed the scope of the transportation-worker exception to the Federal Arbitration Act.
- Represented the American Hospital Association before the US Supreme Court in a successful challenge to a Medicare reimbursement rule change instituted by the Department of Health and Human Services in 2018.
O'Melveny & Myers LLP
‘A terrific team of appellate lawyers’, O'Melveny & Myers LLP won cases in every federal circuit court over the past year–it also argued and briefed several cases before the US Supreme Court. In Washington DC, group chair Jonathan Hacker has argued six cases in the US Supreme Court; he recently secured a Delaware Supreme Court ruling that Chubb Group was not obligated to defend Rite Aid Corp against lawsuits accusing the drugstore chain of contributing to the nationwide opioid epidemic. Other key contacts in Washington DC include appellate and white-collar crime specialist Michael Dreeben, who previously served as a Deputy Solicitor General in charge of the government’s criminal docket in the Supreme Court. In Silicon Valley, special counsel Jeffrey Fisher scored a high-profile victory for petitioner Darrell Hemphill, which fortified the right of criminal defendants to cross-examine witnesses against them. In New York, Anton Metlitsky is highlighted by sources as a ‘terrific writer, an excellent oral advocate, and a pleasure to work with’; he represented the Center for Reproductive Rights, as co-counsel alongside Paul, Weiss, Rifkind, Wharton & Garrison LLP, in a highly reported case concerning abortion rights.
Practice head(s):
Jonathan Hacker
Other key lawyers:
Jeffrey Fisher; Michael Dreeben; Anton Metlitsky; Kendall Turner
Testimonials
‘Brilliant lawyers, amazing writers and former Supreme Court law clerks. A terrific team of appellate lawyers that help each other prepare through effective moot court sessions.’
‘Jonathan Hacker and Anton Metlitsky are my two go-tos.’
‘O’Melveny, and Anton Metlitsky in particular, is our go-to appellate practice. Anton, in our estimation, is simply the best in the country at handling high-stakes appeals up through the Supreme Court. He’s a terrific writer, an excellent oral advocate, and a pleasure to work with.’
Key clients
Airlines for America
American Airlines
Center for Reproductive Rights
Chubb Group
City of Austin, Texas
Facebook (Meta)
Fidelity Investments
Johnson & Johnson
LG Electronics
NBCUniversal
Samsung Electronics
Sirius XM Radio, Inc.
Teamviewer US
Twentieth Century Fox
United Airlines
US House of Representatives General Counsel
Work highlights
- Successfully represented the City of Austin before the Supreme Court in a First Amendment case involving the City of Austin’s code for advertising signs.
- Secured a win for Chubb Group in the California Second District Court of Appeal, affirming a lower court’s ruling that rejected the $150m Covid-19 coverage suit brought by United Talent Agency against a Chubb affiliate.
- Won a victory for Johnson & Johnson in its nationwide opioid litigation, following the Oklahoma Supreme Court’s reversal of a 2019 ruling requiring the company to pay $465m for nuisance abatement.
Orrick, Herrington & Sutcliffe LLP
Securing strong praise from clients and peers alike, Orrick, Herrington & Sutcliffe LLP houses a deep and broad practice that excels before federal and state appellate courts nationwide, including the US Supreme Court. According to sources, its ‘written work product and oral advocacy are among the best’, with its collaborative approach also a recurring theme among interviewees. Enjoying strong relationships with major corporations, including Johnson & Johnson and Gilead, the team also frequently handles cases concerning human rights on behalf of death row inmates, veterans and others. The practice is driven out of New York by highly regarded appellate expert Joshua Rosenkranz, who recently reversed a $325m verdict against Johnson & Johnson in talc litigation alleging that plaintiff’s use of Johnson’s Baby Powder caused cancer. In Washington DC, Mel Bostwick represented Kevin George, a disabled veteran, before the Supreme Court in a high-profile case concerning veteran benefits. In another major SCOTUS matter, Washington DC’s Robert Loeb represented David Ramirez and Barry Lee Jones in a highly technical case discussing prisoners’ rights to present evidence in federal court. Other key names in Washington DC include Eric Shumsky, who is sought after for IP and technology-related appeals, Mark Davies, who has argued 50 appellate cases, and senior associate Jeremy Peterman. In San Francisco, newly promoted Elizabeth Moulton ‘is a force to be reckoned with when at the podium’.
Practice head(s):
Joshua Rosenkranz
Other key lawyers:
Robert Loeb; Eric Shumsky; Mark Davies; Mel Bostwick; Elizabeth Moulton; Jeremy Peterman; Daniel Rubens
Testimonials
‘The partners I’ve worked with in Orrick’s appellate team are top notch. Their written work product and oral advocacy are among the best I’ve ever seen.’
‘Orrick provides a nicely integrated appellate experience, with expertise in many substantive areas. I have worked with them as co-counsel on many matters and they are always professional, collaborative, and responsive.’
‘Orrick stands out for its use of technology in managing litigation dockets, which is especially valuable for technology clients. They are the industry leader in this area with top in-firm expertise. They are familiar with all the best legal tech.’
‘For years, we have retained Josh Rosenkrantz and his team to argue our most challenging appeals. It likely goes without saying in view of his credentials, but it bears repeating that Josh is brilliant.’
‘The practice exhibits exemplary teamwork and coordination, and seamless work product and service.’
‘The team was very responsive and had excellent communication skills. Josh Rosenkranz was a fantastic collaborator and invaluable partner on the project.’
‘Elizabeth Moulton is a smart, level-leaded, lawyer who works tirelessly in support of her clients. She has good instincts and is a force to be reckoned with when at the podium.’
‘Mark Davies has a terrific grasp of intellectual property law in addition to general appellate litigation.’
Key clients
Apple
Basin Electric Power Cooperative
BB Energy USA, LLC
Boeing
Broad Reach Power/Broadview Solar
Central Garden & Pet Company
Cheniere Energy
ConocoPhillips
Cox Communications
Credit Suisse
DISH Network, LLC
Gilead Sciences
Instacart
Johnson & Johnson
Kars 4 Kids Inc.
Kohler Co.
Lyft
Micron Technology Inc.
Microsoft
Regents of the University of California
The Renco Group, Inc.
RingCentral
Sonos, Inc.
Sunny Balwani
Synopsys, Inc.
Unicolors, Inc.
Walmart
Apple
Basin Electric Power Cooperative
BB Energy USA, LLC
Boeing
Broad Reach Power/Broadview Solar
Central Garden & Pet Company
Cheniere Energy
ConocoPhillips
Cox Communications
Credit Suisse
DISH Network, LLC
Gilead Sciences
Instacart
Johnson & Johnson
Kars 4 Kids Inc.
Kohler Co.
Lyft
Micron Technology Inc.
Microsoft
Regents of the University of California
The Renco Group, Inc.
RingCentral
Sonos, Inc.
Sunny Balwani
Synopsys, Inc.
Unicolors, Inc.
Walmart
Work highlights
- Successfully obtained a reversal of a $325m verdict against Johnson & Johnson in talc litigation alleging that the plaintiff’s use of Johnson’s Baby Powder caused cancer.
- Obtained a 6-3 victory for Unicolors at the US Supreme Court in a case involving the rights of creators who rely on the US copyright registration system to protect their IP.
- Successfully represented Kite Pharma in an appeal involving the reversal of a $1.2bn patent-infringement verdict against it.
Paul, Weiss, Rifkind, Wharton & Garrison LLP
The appellate group at Paul, Weiss, Rifkind, Wharton & Garrison LLP has the ‘talent and resources to handle any case’, according to sources. Certainly, the thriving practice is recognized for its representation of corporations, prominent individuals and pro bono clients in major appeals with nationwide implications. A prominent SCOTUS record–it secured five Supreme Court wins over the past two years alone–is complemented by strong activity in federal and state courts of appeals nationwide and it argued before almost all of the federal courts of appeal over the past year. Go-to department head Kannon K. Shanmugam, based in Washington DC, ranks among the leading appellate lawyers in the country and one source asserts, ‘you won’t find a more talented, sophisticated, compelling lawyer‘. Among Shanmugam’s recent cases, he is spearheading the defense of ExxonMobil Corporation in novel litigation filed by state and local governments concerning climate change liability. The group also draws on the experience of San Francisco’s Meredith Dearborn, who is particularly noted for technology-related disputes, New York-based Robert A. Atkins, who has an emphasis on antitrust and corporate litigation, and associate William Marks. Associate Aimee Brown left to become Assistant to the Solicitor General.
Practice head(s):
Kannon Shanmugam
Other key lawyers:
Meredith Dearborn; Robert A. Atkins; William Marks
Testimonials
‘The Paul Weiss appellate team is outstanding. Kannon Shanmugam is the anchor of the team, and he alone would make any practice superb. They have the talent and resources to handle any case, and to handle it perfectly. I would rank them at the very top of any list.
‘Kannon Shanmugam is an absolute superstar. I’ve argued against him in multiple SCOTUS cases, and you won’t find a more talented, sophisticated, compelling lawyer–and he matches that with his overall humility and kind nature.’
Key clients
Atos Syntel
Becton, Dickinson and Company
Bezos, Jeff
Charles River Laboratories
CNA Financial Corporation
ExxonMobil Corporation
Fédération Internationale de Football Association
Fortenberry, Jeff
Goldman Sachs & Co.
Guy, Elliott
IBM
Mastercard International, Inc.
MGG Investment Group
Midwest Air Traffic Control Service
Oaktree Capital Management
PayPal, Inc.
Premier Rehab Keller, P.L.I.C.
Reagan National Advertising of Texas, Inc.
State of Oklahoma
Verizon Communications
Proskauer Rose LLP
Bankruptcy-related work is a key pillar of Proskauer Rose LLP’s appellate practice. In particular, its ongoing representation of the Financial Oversight and Management Board for Puerto Rico in relation to the restructuring of Puerto Rico’s public debt–the largest municipal restructuring in US history–continues to provide a significant volume of appeals. Other team sweet spots include sports, IP, antitrust, and ERISA. Mark Harris and John Roberts co-chair the department from New York and Boston respectively; they also co-lead the appellate work for the Puerto Rico restructuring. New York-based ERISA specialist Myron Rumeld is also noted for his adept handling of ERISA-related appeals.
Practice head(s):
Mark Harris; John Roberts
Other key lawyers:
Myron Rumeld
Testimonials
‘The partners are all renowned expert in their fields. They were able to map out the litigation step-by-step and predict the outcomes.’
‘Associate Josh Esses is a superstar and his attention to detail is superb. Makes complex legal theories easy for non-experts to comprehend.’
Key clients
Financial Oversight and Management Board for Puerto Rico (FOMB)
The Depository Trust & Clearing Corporation
City of Coral Springs, Florida and other Florida municipalities
Amherst College and thirty-two other colleges and universities
The Board of Trustees of Chicago State University
OneSource Medical Diagnostics, LLC
ARKK Food Company
D&H Distributing Company
Sanofi Pasteur Inc.
Weyerhaeuser Company
Alvogen, Inc.
Magnetar Capital LLC
Neuberger Berman
The American Council on Education and twelve other educational organizations
Quinn Emanuel Urquhart & Sullivan, LLP
Quinn Emanuel Urquhart & Sullivan, LLP’s appellate practice forms a key part of the wider firm’s signature dispute resolution offering. With recent experience in arguing before state and federal courts of appeals, as well as at the Supreme Court, the team is well positioned to handle the full gamut of matters, from high-stakes business appeals through to complex pro bono cases. Senior counsel and appellate chair Kathleen Sullivan splits her time between Los Angeles and New York and possesses an enviable record in constitutional law matters. Sullivan recently convinced the Delaware Supreme Court to uphold a judgment permitting Mirae Asset to terminate its $5.8bn deal to buy a group of luxury hotels. In Washington DC, Derek Shaffer won a precedent-setting First Amendment decision from the DC Court of Appeals on behalf of Unification Church International. Other recommended names include New York-based Sanford Weisburst, who has argued appeals in nine of the US Courts of Appeals, and John Bash, whose practice is divided between Austin and Washington DC.
Practice head(s):
Kathleen Sullivan
Other key lawyers:
Sanford Weisburst; Derek Shaffer; John Bash
Testimonials
‘The team we worked with prepared the appeal course very well. We went through moot court twice and when the oral argument really began, we as clients, could easily feel that the opposing counsel were not as well prepared as ours.’
‘We got the good result finally. I recommend the firm to a lot of colleagues when they have litigation in the US.’
Key clients
The California Institute of Technology (“Caltech”)
Avery Dennison Corporation
C.R. Bard Inc., Bard Peripheral Vascular Inc.
Elon Musk
Iraq Telecom Limited
PPG Industries, Inc.
Airbus SAS
Just Energy Group, Inc.
Block, Inc.
hiQ Labs, Inc
Cisco Systems, Inc.
Snail Games USA, Inc. and Wildcard Properties LLC
Rhapsody International, Inc., n/k/a Napster, Inc.
Caruso Management Company
The Academy of Motion Picture Arts and Sciences
Skillz Platform Inc.
Mirae Asset Global Investments
Family trusts and related entities associated with Samuel J. Heyman
Unification Church International (“UCI”)
Google, LLC
TotalEnergies E&P USA, Inc.
Berkeley Research Group, LLC
Work highlights
- Represented the California Institute of Technology in defending a $1.1bn judgment for patent infringement in the Federal Circuit.
- Convinced the Delaware Supreme Court to uphold a judgment permitting Mirae Asset to terminate its $5.8bn deal to buy a group of US luxury hotels.
- Convinced the Delaware Supreme Court to reverse a summary judgment against the Heyman family trusts in connection with a $3.2bn sale of the chemicals business International Specialty Products Inc to Ashland.
Reed Smith LLP
Reed Smith LLP’s well-established appellate practice is comprised of individuals who have collectively argued before state and federal courts across the country, right up to US Supreme Court level. Appellate group chair Kim Watterson divides her time between Los Angeles and Pittsburgh and maintains a broad practice, with robust skill sets in the financial services and managed care industries, among other fields. Other key contacts include: San Francisco-based Raymond Cardozo, who is a former Deputy Attorney General in the Office of the California Attorney General; Houston-based Alan York, whose practice spans appellate and trial litigation, and James Martin, who operates out of Pittsburgh and Los Angeles.
Practice head(s):
Kim Watterson
Other key lawyers:
Raymond Cardozo; Alan York; James Martin; Brian Sutherland; Kasey Curtis
Testimonials
‘The firm has a great appellate law practice.’
‘The firm’s partners and associates have experience in the oil and gas industry and know the relevant issues.’
Ropes & Gray LLP
Ropes & Gray LLP’s appellate and Supreme Court practice has recently handled cases involving a broad scope of issues, including constitutional law, IP, antitrust, securities and bankruptcy, among other matters. The national group is driven out of Washington DC by department chair Douglas Hallward-Driemeier, who has presented 18 arguments before the US Supreme Court. Among his recent cases, Hallward-Driemeier represented the City of Boston before SCOTUS in a First Amendment case concerning the flying of certain non-governmental flags outside Boston City Hall. Senior counsel James Batchelder, based in Boston, also brings to bear significant appellate experience.
Practice head(s):
Douglas Hallward-Driemeier
Other key lawyers:
James Batchelder
Key clients
Apax Partners
Central Brooklyn Homeowners of Color
City of Boston
DACA Recipients
Emerson Electric
H.I.G. Capital
Investment Company Institute
IP Bridge, Inc.
MOAC Mall Holdings LLC
Massachusetts Medical Society and the Hospice & Palliative Care Foundation of Massachusetts
Nuveen Funds
Samsung Electronics
Target Corporation
Tribune Company pension plans (and approximately 30 clients, mostly major public and private pension plans and funds)
George Lee Tucker, II
Washington State School Directors’ Association
Work highlights
- Represented the City of Boston before the US Supreme Court in a First Amendment case that concerned the City of Boston’s program flying certain non-governmental flags outside Boston City Hall.
- Won a decision in the Eleventh Circuit that affirmed the dismissal of a False Claims Act case against HIG Capital.
- Led and coordinated the defense of $8bn worth of fraudulent conveyance litigation against 30 clients seeking to recover payments made to shareholders in a leveraged buyout of Tribune Company.
Selendy Gay Elsberg PLLC
New York-based litigation and investigations boutique Selendy Gay Elsberg PLLC fields a seasoned appellate practice, which has clocked up numerous appearances before the US Supreme Court, as well as federal circuit courts of appeal and state appellate courts, including extensive experience in New York’s federal and state appellate courts. Philippe Selendy and Sean Baldwin are active in appellate matters.
Other key lawyers:
Sean Baldwin; Philippe Selendy
Key clients
National Union Fire Insurance Company of Pittsburgh, PA
Cerberus Capital Management
U.S. Bank
Amsterdam Avenue Redevelopment Associates
Kenneth Krys and Greig Mitchell as Joint Liquidators for three BVI funds: Fairfield Sentry Limited; Fairfield Sigma Limited; Fairfield Lambda Limited
Mohammed Ali Rashid
Brookdale
Mohammed Aljabri, New East (US) Inc., New East 804 805 LLC, New East Back Bay LLC and New East DC LLC
Community Voices Heard and N.Y. Tenants & Neighbors
A proposed class of investors who traded on Binance
Weingarten, et al. v. Devos, et al.|American Federation of Teachers (AFT) and 8 individual plaintiffs
Work highlights
- Representing National Union Fire Insurance Company of Pittsburgh PA before the New York Court of Appeals in a case concerning whether a $160m SEC disgorgement order issued against Bear Stearns constitutes an insurable event.
- Representing Cerberus Capital Management LP, as plaintiff, in a $950m breach of contract action against the Canadian Imperial Bank of Commerce.
- Representing US Bank, as plaintiff, in an action seeking recovery of hundreds of millions of dollars from DLJ Mortgage Capital Inc and Ameriquest Mortgage Company for their misconduct in originating and securitizing mortgage-backed securities.
Simpson Thacher & Bartlett LLP
Composed of ‘excellent writers, strategic thinkers and all around advocates’, Simpson Thacher & Bartlett LLP’s appellate group sits within its formidable litigation offering. Closely integrated with its trial practice, the team is routinely involved in complex corporate appeals, with notable expertise in the financial services, insurance, class actions, and consumer products spheres. It additionally handles a significant volume of pro bono cases. In New York, Joseph McLaughlin is frequently involved in proceedings in trial and appellate courts across the country. Jonathan Youngwood and Lynn Neuner co-chair the overarching litigation department from New York.
Practice head(s):
Lynn Neuner; Jonathan Youngwood
Other key lawyers:
Joseph McLaughlin
Testimonials
‘Excellent writers, strategic thinkers and all around advocates at both the trial and appellate level.’
‘Joseph McLaughlin stands out. Joe is an all-around great lawyer both at the trial and appellate level.’
Key clients
Alibaba
Best Buy
Countrywide Home Loans, Inc.
JPMorgan Chase
Lehman Brothers’ Former Officers
Pacific Alternative Asset Management Co. and Prisma Capital Partners
Stonepeak Infrastructure Partners LP
Travelers
Micron
Vivint, Inc.
Work highlights
- Secured an appellate win for Countrywide reversing a trial court decision and a dismissal with prejudice of claims in residential mortgage-backed securities cases.
- Represented JPMorgan and affiliates in obtaining an appellate victory with the dismissal of a suit arising out of Thomas Petters’ Ponzi scheme.
- Successfully won a pro bono appeal in a Title IX action on behalf of female student-athletes at Hawaii’s largest high school.
Skadden, Arps, Slate, Meagher & Flom LLP
Continuing to make inroads into the highly competitive appellate space, Skadden, Arps, Slate, Meagher & Flom LLP’s Washington DC-based group notched up high-profile wins in a string of appeals over the past year. Practice chair Shay Dvoretzky is a ‘first-rate appellate lawyer at the top of his game‘, according to sources; indeed, he is already slated to argue at least three Supreme Court merits cases in 2023. Among Dvoretzky’s recent cases, he secured a victory for Eaton Corporation in major transfer-pricing cross-appeals before the Sixth Circuit. Promoted to counsel in 2022, Parker Rider-Longmaid recently argued before the Supreme Court on behalf of Texas death row inmate Rodney Reed in a pro bono case concerning DNA testing.
Practice head(s):
Shay Dvoretzky
Other key lawyers:
Parker Rider-Longmaid; Emily Kennedy
Testimonials
‘Shay Dvoretzky is a first-rate appellate lawyer at the top of his game.’
Vinson & Elkins LLP
Vinson & Elkins LLP’s appellate practice is distinguished by its marked focus on energy-related matters, as well as by its strong Texas footprint. That being said, the group’s expertise extends beyond the energy industry and it often acts alongside the firm’s trial lawyers to handle matters relating to the First Amendment, IP, tax, bankruptcy and commercial transactions, among other issues. Houston-based Marie Yeates ‘commands the room and enjoys the respect of the judiciary’. Yeates co-chairs the group alongside Washington DC-based Jeremy Marwell, who is noted for his niche expertise in energy-industry environmental and regulatory appeals. Former department co-head Thomas Leatherbury retired in January 2023.
Practice head(s):
Marie Yeates; Jeremy Marwell
Other key lawyers:
Michael Heidler
Testimonials
‘The appellate group at V&E is excellent. They are smart and have tremendous resources at their disposal. They know the appellate law and rules very well.’
‘Marie Yeates is one of the most seasoned and effective appellate advocates in this region and beyond. She commands the room and enjoys the respect of the judiciary.’
‘Michael Heidler works closely with Marie Yeates and is quite accomplished in his own regard.’
‘They quickly grasp the issues and know how to present at the appellate level so as to grab the attention of the judges.’
Key clients
State Bar of Texas
Rio Bravo Pipeline Company, LLC (subsidiary of Enbridge, Inc.)
Adelphia Gateway, LLC
Forterra Pipe and Precast LLC
Texas Eastern Transmission, LP (subsidiary of Enbridge, Inc.)
Texas Central Partners, LLC
U.S. federal courts
Electronic Frontier Foundation
Uber Technologies, Inc.
Society for Corporate Governance
U.S. Chamber Litigation Center
Interstate Natural Gas Association of America
National Association of Manufacturers
Energy Infrastructure Council
Professors Cassandra Burke Robertson and Irina D. Manta
Weil, Gotshal & Manges LLP
Climbing a tier for 2023, Weil, Gotshal & Manges LLP’s recent hiring spree, coupled with its ability to lean on the wider firm’s top-tier bankruptcy offering, has seen its appellate profile rocket over the past two years. Among the new arrivals, the Washington DC office welcomed new department co-head Mark Perry in May 2022 from Gibson, Dunn & Crutcher LLP. Perry recently represented Apple–as co-counsel alongside his former firm–before the Ninth Circuit in a significant antitrust case brought by Epic Games. On the bankruptcy front, New York-based practice co-chair Gregory Silbert successfully represented Morgan Stanley in multibillion-dollar litigation arising from Tribune Company’s leveraged buy-out. Additionally, Washington DC-based department co-chair Zachary Tripp represented the respondent, Kieran Buckley, before the US Supreme Court in a high-profile bankruptcy case discussing issues of fraud liability. The group also includes New York’s Adam Banks, who had a strong recent run of appeals in the IP sphere.
Practice head(s):
Mark Perry; Gregory Silbert; Zachary Tripp
Other key lawyers:
Adam Banks; Edward Reines; Andrew Tulumello
Key clients
Apple Inc.
Morgan Stanley
Sanofi
Westinghouse Electric Company
Regeneron Pharmaceuticals
Brookfield Asset Management
Comcast Cable
Sears Holdings
Starbucks
HP Inc.
Work highlights
- Won several appeals for Morgan Stanley resulting in a complete victory in multibillion-dollar litigation arising from Tribune Company’s leveraged buy-out, and Tribune’s subsequent bankruptcy filing.
- Represented the respondent, Kieran Buckley, before the US Supreme Court in a case discussing the dischargeability of debt incurred by fraud.
- Acted as lead appellate counsel to Apple in a Ninth Circuit civil antitrust appeal.
Wiggin and Dana LLP
Lawyers at Connecticut-headquartered Wiggin and Dana LLP ‘maintain excellent communication and engagement with the client’. With recent experience before various state appellate courts, all federal circuit courts and the US Supreme Court, the team is well versed in managing high-stakes appeals. New Haven-based Jonathan Freiman chairs the practice and handles a broad scope of matters, with a strong recent showing in cases concerning the Foreign Sovereign Immunities Act. Jeffrey Babbin and Tadhg Dooley, both of whom are based in New Haven, are also key contacts.
Practice head(s):
Jonathan Freiman
Other key lawyers:
Jeffrey Babbin; Aaron Bayer; Tadhg Dooley; David Roth
Testimonials
‘The team has always been very dedicated to our case. There have never been issues with deadlines or availability. Especially, the team sent us drafts quite some time before the court deadline on our request.’
‘The quality of the legal work has been outstanding while the team has been very sensitive to political and public relations questions. They managed to fulfill both needs without reducing the overall quality of the work. The team is also well connected.’
‘Jonathan Freiman is the leading partner for our case. Besides his excellent ability to explain tactics and the law to foreigners and non-native speakers, he performed outstandingly at the oral arguments at the DC Circuit and SCOTUS.’
‘Great identification with the subject matter. Good strategic advice. Lawyers maintain excellent communication and engagement with the client.’
Key clients
Federal Republic of Germany and the Stiftung Preußischer Kulturbesitz (a consortium of government museums in Berlin; a German equivalent of the Smithsonian)
The Hartford Financial Services Group
Zurich American Insurance Company
Author’s Guild
Doctor’s Associates LLC
Mendota Heights Dental Center
Mashantucket Pequot Tribal Nation
Stamford Health/Stamford Hospital
Somatics, LLC
United Bridge Capital
Medical Protective Co.
City of Stamford, Connecticut (on behalf of municipal officials)
Hanover Insurance Company
Allied World Insurance Company
Gilliam & Sons, Inc.
Otis Elevator Company
Metalclad Insulation LLC
Yale New Haven Hospital
Bristol Hospital
Exxon Mobil Corp.
University of Connecticut Health Center
Work highlights
- Successfully represented the Federal Republic of Germany and the Stiftung Preußischer Kulturbesitz (its national museum) before SCOTUS, in a case involving the ownership of certain medieval artifacts; the case has returned to the DC Circuit on a novel issue.
- Defended on appeal what was the largest judgment in Connecticut history at the time of its issuance on behalf of the Kuwaiti Ambassador to Austria in Marafi, Sadiq v. El Achchabi, Hind et. al.
- Represented a medical device manufacturer before the California Supreme Court in a major product liability case.
Wiley Rein LLP
Among Wiley Rein LLP’s strong suits, the Washington DC-based practice stands out for its ‘knowledge of both substantive subject matter and appellate procedure in complex areas of trade law‘. Other key areas of activity include insurance, government contracts, election law and TMT. Combining trial and appellate expertise, department co-chair Claire Evans has extensive experience in the infrastructure, TMT and regulatory fields. Fellow co-chair Thomas Johnson Jr is a former general counsel for the FCC and has a significant regulatory dimension to his practice.
Practice head(s):
Claire Evans; Thomas Johnson Jr.
Other key lawyers:
Richard Simpson; Stephen Obermeier; Jeremy Broggi; Alan Price; Christopher Weld
Testimonials
‘Deep knowledge of both substantive subject matter and appellate procedure in complex areas of trade law, particularly Alan Price and Christopher Weld.’
‘Excellent work product and great litigators. We highlight Stephen Obermeier.’
Key clients
Nucor Corporation
CTIA-The Wireless Association
Nexstar, Inc.
United States Chamber of Commerce
CNA Insurance Companies
The Boeing Company
Allied World Surplus Lines Insurance Company and related Allied World companies
Republican National Committee
Verizon Communications
American Institute of Steel Construction
Work highlights
- Successfully represented the Republican National Committee in persuading the Supreme Court to reinstate a stay of the private employer vaccine mandate issued by the Occupational Safety and Health Administration.
- Successfully represented Vermont National Telephone Company before the DC Circuit in a long-running dispute over bidding credits associated with spectrum licenses.
- Represented Verizon Communications in consolidated appeals before Pennsylvania’s Commonwealth Court in pole attachment litigation between Verizon and FirstEnergy operating companies.
Williams & Connolly LLP
Fielding an appellate practice that is ‘second-to-none’, Williams & Connolly LLP secures rave reviews from clients who commend its key partners as ‘some of the most well respected Supreme Court advocates of today’. The Washington DC-based team handles a steady volume of appeals before state and federal appellate courts as well as the US Supreme Court. In terms of its enviable recent record before the latter, four partners have argued seven cases before SCOTUS in the past two terms, winning more than half. Sought-after appellate specialist Lisa Blatt is ‘unstoppable in a courtroom’; as evidenced by a tremendous SCOTUS record that has seen her argue 43 cases and prevail in 37. Blatt recently teamed up with Luke McCloud to successfully represent Carlos Concepcion before SCOTUS in a case concerning the reduction of Concepcion’s prison term under the First Step Act. In another SCOTUS win, Blatt paired up with Sarah Harris to successfully represent US Border Patrol agent Erik Egbert, who was sued in his individual capacity under the First and Fourth Amendments. In a win before the Ninth Circuit, Amy Saharia successfully represented appellant Harbor Breeze Corporation in a case concerning Harbor Breeze’s false advertising claim under the Lanham Act. The group also includes talented senior associate Whitney Hermandorfer, who has a focus on appellate and regulatory litigation. Luke McCloud recently left to join the Office of the Solicitor General.
Practice head(s):
Lisa Blatt
Other key lawyers:
Sarah Harris; Amy Saharia; Whitney Hermandorfer
Testimonials
‘Williams and Connolly appellate practice is second to none. They write some of the best briefs with clear distillation of complex issues. If we have a must-win appeal, we go to them.’
‘The team is very creative, handling some of the most novel legal challenges I’ve seen. They work well together to produce top-notch work product in line with direction from the client.’
‘Lisa Blatt and Sarah Harris are exceptional written and oral advocates. Their briefs are crisp and direct, much like their presentations at the podium. Indeed, their poise and forceful argument commands attention.’
‘The team includes some of the most well respected Supreme Court advocates of today. They can hold their own against a barrage of questions and speak to jurists of both conservative and liberal bent.’
‘Lisa Blatt is unstoppable in a courtroom. A brilliant legal mind but wrapped with common sense and down-to-earth style on argument. She is the best appellate lawyer full stop.’
‘Lisa Blatt and Sarah Harris are top notch oral and written advocates. They stand out for their creativity, crisp writing, and confidence at the podium. They demand attention from judges/justices in the best way.’
‘Amy Saharia is the brief writer when you want the best brief and critical thinking you can get. She has written several of the most persuasive briefs I have read in my career. She also is excellent at taking a client idea and making it come alive in a brief.’
Key clients
CVS Health
Harbor Breeze Corp.
Edward Lee Jones, Jr.
Selective Insurance Group, Inc.
Washington Post
Arbutus Biopharma Corp. and Genevant Sciences
Entrepreneur and Co-Founder of ZocDoc
GlaxoSmithKline LLC
Solid 21, Inc.
JTH Tax LLC d/b/a Liberty Tax Service
The Pennsylvania Supreme Court’s disciplinary board
Robinhood Financial
Carlos Concepcion
Erik Egbert
Respondents Gregory Walters, Thomas Meyer, and Ray Trosclair
Lynn Goldsmith
Turkiye Halk Bankasi A.S.
Kate Marie Bartenwerfer
Centro de Periodismo Investigativo Inc.
Jack Daniel’s Properties, Inc.
Bank President Harry Calcutt
Work highlights
- Secured a victory for CVS Health subsidiary, Caremark LLC, and others before the the Ninth Circuit in a case concerning whether claims brought by pharmacies run by federally recognized tribes are subject to arbitration.
- Acted as national coordinating appellate counsel for Selective Insurance Group in connection with cases claiming business interruption insurance coverage for losses arising from the Covid-19 pandemic.
- Successfully represented Carlos Concepcion in an appeal to the US Supreme Court concerning the reduction of his prison term under the First Step Act, the 2018 criminal-justice reform bill.
WilmerHale
Ranking among the market leaders for high-stakes appellate work, WilmerHale is widely hailed for the depth of its bench and the reputation of its senior partners. Indeed, for some, the ‘experience and expertise of the appellate team at WilmerHale is unmatched’. The national group routinely appears before state and federal courts across the US, right up to Supreme Court level, and is a particularly dominant performer in the Federal Circuit. High-profile department head Seth Waxman is a former US Solicitor General, who has delivered over 80 oral arguments in the US Supreme Court alone. Waxman recently paired up with Daniel Volchok to successfully represent the justices of the Oklahoma Supreme Court, and the members and executive director of the Oklahoma Bar Association Board of Governors, before the Tenth Circuit in a case concerning the association’s mandatory-dues requirement. The team also leans on experienced practice vice chairs Catherine Carroll, who has argued four cases before SCOTUS, and Boston-based Mark Fleming, who has argued before SCOTUS seven times. Other key contacts include IP specialist Thomas Saunders and New York-based Alan Schoenfeld. Named attorneys are based in Washington DC unless stated otherwise. Danielle Spinelli recently retired.
Practice head(s):
Seth Waxman
Other key lawyers:
Catherine Carroll; Mark Fleming; Thomas Saunders; Daniel Volchok; Alan Schoenfeld; Felicia Ellsworth
Testimonials
‘The experience and expertise of the appellate team at WilmerHale is unmatched.’
‘Between the various attorneys, they have successfully argued in courts of appeals at almost all levels, and they leverage that experience to provide practical and circumspect counsel.’
‘Mark Fleming and Felicia Ellsworth are an excellent team. They readily agreed to an alternative fee arrangement, worked well with trial counsel, clearly communicated the options, crafted expert briefs, recruited top-notch amici, and obtained an excellent result.’
‘Mark Fleming’s skill at oral argument was very impressive.’
‘They exhibit a very high standard professionalism in discharging their duties.’
Key clients
J. Stephen Tidwell and Barbara Walls
City of Chicago
Cisco Systems, Inc.
Meta Platforms, Inc.
Justices of the Oklahoma Supreme Court and Members of the Oklahoma Bar Association’s Board of Governors
Apple Inc.
Spokane Tribe of Indians
Daikin North America, LLC
Kenneth Humphrey
Democratic National Committee
Winston & Strawn LLP
Winston & Strawn LLP’s appellate practice is closely allied with its trial group, and its key partners are involved in cases in both spheres. Over the past year, the team secured several wins in state and federal courts of appeal. Most notably, it successfully represented Schlumberger when the Fifth Circuit affirmed a zero-recovery judgment in a $250m breach of contract dispute brought by Hess Corporation; Chicago-based department head Linda Coberly argued the appeal, while Houston-based counsel Brandon Duke took a lead role in the briefing. The group also includes Washington DC-based preemption specialist Andrew Tauber and IP-focused Brian Ferguson, who recently joined in Washington DC from Weil, Gotshal & Manges LLP.
Practice head(s):
Linda Coberly
Other key lawyers:
Andrew Tauber; Brian Ferguson; Brandon Duke
Key clients
Schlumberger Technology Company
Occidental Petroleum
Bill Graham Archives
United Network for Organ Sharing (UNOS)
Avanci, LLC
Kroll, LLC
Panasonic Holding Corporation
CSX Transportation
Champion Petfoods USA Inc.
Work highlights
- Secured a win for Schlumberger when the Fifth Circuit affirmed a zero-recovery judgment in a $250m breach of contract dispute brought by Hess Corporation.
- Secured a reversal of copyright class certification in the Ninth Circuit for Bill Graham Archives, in a copyright dispute brought by two separate classes of performers and composers.
- Scored a victory in the Ohio Supreme Court on behalf of CSX Transportation, which reversed a decision of the state’s intermediate appellate court.