Appellate: courts of appeals / Appellate: supreme courts (states and federal) in United States

Akin Gump Strauss Hauer & Feld LLP

Akin Gump Strauss Hauer & Feld LLP’s appellate practice is split between Washington DC and Los Angeles, with former assistant to the Solicitor General Pratik Shah and Rex Heinke leading the practice from the two offices, respectively. Reflective of its geographic spread, the group is consistently engaged in matters at the Ninth Court, the California Supreme Court, and the US Supreme Court. Of recent note, Shah led the appellate effort for the respondent in Azar v Allina Health Services, where the US Supreme Court sided with the team on issues concerning administrative law and the Medicare Act. In addition, the practice group has niche strength in Native American law; it recently charted a win for the Gila River Indian Community in an appeal challenging the constitutionality of the Indian Child Welfare Act brought before the Ninth Circuit. Alongside healthcare and Native American law issues, the caseload on the courts of appeal side also includes IP, labor, and financial restructuring disputes. James Tysse is a key contact for human rights and civil rights cases, and Julius Chen has significant administrative and constitutional law experience.

Practice head(s):

Rex Heinke; Pratik Shah

Other key lawyers:

James Tysse; Julius Chen

Testimonials

Tremendous agility and responsiveness

Pratik Shah is a superb advocate with a knack for making complex arguments seem simple and compelling.

Pratik Shah is a superlative oral advocate, exceptionally well-prepared and with a calm demeanor. He is also an excellent brief writer.

Key clients

Starbucks Corporation

Google

McDonald’s

Gila River Indian Community

Coca-Cola

Homeaway

MGA Entertainment

America’s Health Insurance Plans

Burton Way Hotels

Apollo Management

Ernst & Young LLP

Chamber of Commerce of The United States

Sorenson Holdings

Asics

Inguran

Work highlights

  • Scored a win for Allina Heath Services in Azar v Allina Health Services, a case involving interpretation of the Medicare Act brought before the US Supreme Court.
  • Successfully acted for Wei Han and Bliss Media US in Han v Kylin Pictures, Inc., a defamation case at the Court of Appeal of The State of California.
  • Achieved a victory for Allstate Insurance Company in Daniel Rivera et al. v Allstate Insurance Co., an appeal against the client brought before the Seventh Circuit by former Allstate employees.
  • Defended the Gila River Indian Community against a certiorari petition challenging the findings of the Ninth Circuit in a case concerning the constitutionality of the Indian Child Welfare Act.
  • Acted for Alcresta Therapeutics in bet-the-company proceedings at the DC Circuit.

Arnold & Porter

Arnold & Porter’s appellate team has undergone a notable change of leadership. Following the departure of former practice leader Lisa Blatt, June 2019 marked the arrival of John Elwood from Vinson & Elkins LLP to take over the role as practice head. Elwood has significant experience at the US Supreme Court, focusing on issues relating to the False Claims Act and environmental law; most recently, he acted for the State of Georgia in the case of Georgia v. Public.Resource.Org Inc. concerning copyright law issues. Stanton Jones and recently promoted partner Elisabeth Theodore are also key figures in the Washington DC-based team; the duo successfully acted alongside the American Civil Liberties Union and the New York Civil Liberties Union in Department of Commerce v New York before the US Supreme Court. The firm has a significant appellate presence in Colorado as well, where Denver-based Reeves Anderson is noted in particular for his brief preparation practice.

Practice head(s):

John Elwood

Other key lawyers:

Reeves Anderson; Elisabeth Theodore; Stanton Jones; Allon Kedem

Key clients

BNSF Railway Company

State of Oklahoma

State of Georgia

Atlantic Richfield

U.S. Chamber of Commerce

Work highlights

  • Represented multiple parties (CASA, the New York Immigration Coalition, Make the Road – New York, and the Arab-American Anti-Discrimination Committee) in the US Supreme Court’s case of Department of Commerce v New York challenging the Trump administration’s attempt to add a citizenship question to the 2020 Decennial Census.
  • Represented the State of Georgia in Georgia v. Public.Resource.Org Inc.
  • Secured a unanimous Delaware Supreme Court ruling in favor of Illinois National Insurance Company (an affiliate of AIG) in an insurance appeal concerning the scope of coverage provided to public companies in AIG’s directors-and-officers insurance policies.
  • Secured a voting rights victory in acting for the plaintiff in Common Cause v Lewis, challenging North Carolina’s state legislative maps as unconstitutional partisan gerrymanders.
  • Secured a reversal of a jury verdict against GlaxoSmithKline in product liability case, and successfully defended the victory in the US Supreme Court, which denied plaintiff’s petition for certiorari.

Bracewell LLP

Led out of Houston by Warren Harris, Bracewell LLP’s appellate group has core strength in energy-sector appeals. Additional areas of activity include toxic torts, IP issues, environmental disputes, and insurance litigation. The team members are regularly involved in the appellate stage of a dispute, but are also adept at stepping in to assist clients with their strategy in the trial courts. Yvonne Ho is also a standout appellate attorney in the Houston office.

Practice head(s):

Warren Harris

Other key lawyers:

Yvonne Ho

Testimonials

The primary strength of the team is the breadth of experience that practice head Warren Harris offers. Warren has significant experience in legal issues at the trial court as well as at the appellate court, which gives him a solid basis for evaluating risk. That is combined with excellent knowledge of the law, both substantive and procedural.

Key clients

KBR

Apache Corporation

Westlake Chemical Corporation

Carlton Energy Group

Prosperity Bancshares

Vopak

Weatherford International

Cheniere Energy

The Bank of New York Mellon Trust Company

Direct General Insurance Company

Work highlights

  • Successfully defended KBR on appeal to the Fourth Circuit against claims asserted by numerous service members and civilian employees alleging they were injured by KBR’s use of burn pits to dispose of solid waste at military bases across Iraq and Afghanistan.
  • Acted for Tracy Windrum in Windrum v Kareh, where the Texas Supreme Court reviewed standards applicable to expert witness testimony.
  • Defended the City of Houston in a Section 1983 class action lawsuit at the Fifth Circuit.
  • Acting for Valero in the employment case of Gilbert Galan Jr. v. Valero Servs., Inc., et al. at the Fifth Circuit.
  • Acting as lead counsel to Healthcare Holdings and other defendants in the appeal of a business dispute alleging breach of contract, fraud, and fraudulent inducement claims at the Fifth Circuit.

Covington & Burling LLP

Covington & Burling LLP handles appeals in the US Supreme Court and courts of appeal across the country. Beth Brinkmann and Robert Long jointly chair the department; Mark Mosier also has a reputation in this area.

Cravath, Swaine & Moore LLP

The 'first-class' litigation team at Cravath, Swaine & Moore LLP is adept at representing both appellants and appellees in state and federal courts of appeal. Patent, M&A, antitrust, and securities issues lie at the core of the team’s appellate focus. The group is well versed in stepping in to act for clients at the appellate stage, although its main strength lies in handling appeals resulting from matters previously handled by the firm at the trial stage. Clients recommend Gary Bornstein for his leadership skills. Evan Chesler, Antony Ryan, Katherine Forrest and Kevin Orsini are also key team members. The firm operates a single-office model in New York.

Testimonials

The team at Cravath is simply first-class. The depth of its analysis, dedication, and the energy that the attorneys put in to defending their clients is outstanding. They really do go above and beyond. The team is able to understand the broader commercial considerations concerning its clients. It can flex its style by working with cross-practice teams and by fostering good working relationships with other law firms brought in to advise on discreet points — all this to ensure that the delivered result is uniquely tailored to the client’s individual needs.

Gary Bornstein should be individually credited for his standout performance. Gary, as lead partner, sets an excellent, collaborative tone with his team that fosters an excellent team spirit and drives his lawyers to deliver excellent results. It is a pleasure to work with such a dynamic, cohesive team, whose client interactions leave you feeling understood, reassured, and in safe hands. Well done, team!

Key clients

Actelion Pharmaceuticals

Alarm.com

British American Tobacco

Blue Cross and Blue Shield of Florida

Colgate-Palmolive Company

Credit Suisse

Qualcomm

Sabre Holdings Corporation

Work highlights

  • Won the dismissal of a purported consolidated class action lawsuit against Actelion Pharmaceuitcals at the Fourth Circuit.
  • Successfully represented Sabre Holdings Corporation in its appeal to the Second Circuit of an adverse jury verdict in antitrust litigation brought by US Airways, obtaining a decision that vacated a $15m jury verdict against Sabre and remanded the case for a new trial.
  • Representing Alarm.com in patent infringement litigation brought before the Federal Circuit by Vivint over interactive security and home automation technology.
  • Secured a win for British American Tobacco at the North Carolina Supreme Court, which overturned a lower court’s ruling and dismissed a putative class action suit against the client arising from Lorillard’s $27.6bn acquisition by Reynolds American Inc.
  • Representing Qualcomm in an antitrust appeal against the Federal Trade Commission at the Ninth Circuit.

Geyser P.C.

Established in Dallas in 2018, Geyser P.C. is led by sole practitioner Daniel Geyser, who is recognized by peers and clients alike as ‘an extraordinary oral advocate and brief writer’. The firm’s small size does not prevent it from maintaining high visibility in the US Supreme Court. Of particular note, the past two terms saw Geyser present arguments in seven merits cases before the US Supreme Court. In one such highlight, Geyser successfully acted for the petitioner in obtaining review and reversing the Ninth Circuit’s ruling in Taggart v Lorenzen, where the Court examined the standard for imposing sanctions for discharge violations under the Bankruptcy Code. While Geyser focuses on the US Supreme Court, he is also active in the Texas Supreme Court and multiple circuit courts of appeal.

Practice head(s):

Daniel Geyser

Testimonials

Dan Geyser is an extraordinary oral advocate and brief writer. He manages to do remarkable things as effectively a solo practitioner.

Dan Geyser stands out for his sheer brainpower and creative thinking.

Daniel Geyser is an exceptional attorney and advocate. His legal analysis is brilliant and on point, and his written and oral advocacy is very strong and powerful.  Most importantly, he is a gentleman and a pleasure to work with.

Key clients

Gary Varjabedian / Jerry Mutza

Bradley Weston Taggart

Dennis Obduskey

Archer and White Sales / McKool Smith

Click-to-Call Technologies

Shaun A. House / Demetrios Pullos

Cesar Rangel

Ali Ekhlassi

Douglas Won

Work highlights

  • Preserved a securities win in Emulex Corporation v Varjabedian before the US Supreme Court, acting on behalf of a class challenging misstatements urging shareholders to tender their shares in a proposed merger.
  • Sought and obtained US Supreme Court review in Taggart v Lorenzen; subsequently, convincing the Court to reverse the Ninth Circuit’s refashioning of the standard for awarding relief under the Bankruptcy Code for discharge violations.
  • Representing the private respondent before the US Supreme Court in Thryv, Inc., fka Dex Media, Inc. v Click-to-Call Technologies, LP., a patent dispute involving administrative law and judicial power issues.
  • Argued and won a white-collar challenge to the scope of the Mandatory Victims Restitution Act; acted for the petitioner in Lagos v United States before the US Supreme Court.
  • Arguing in favor of Cesar Rangel and Charhon Callahan Robson & Garza in a tort case against the State of Texas in the Texas Supreme Court.

Gibson, Dunn & Crutcher LLP

Gibson, Dunn & Crutcher LLP’s appellate and constitutional law group is led from the Washington DC and Dallas offices by Mark Perry and Allyson Ho, respectively. A product of its geographic reach, the department’s work is varied and spans a broad range of cases in all state and federal courts of appeals across the country. Of particular note, the team prides itself on its successful track record in persuading the US Supreme Court to grant petitions for writ of certiorari – in this space, it scores significantly higher than the Court’s average grant rate. The group’s work often includes considerations of class actions, First Amendment issues, separation of powers, and IP. Among the team's recent highlights, Perry scored a victory for the applicant in Rimini Street Inc. v Oracle USA Inc., where the Court sided with the client in its interpretation of the Copyright Act and the applicable statutory limitations to what constitutes "full costs" to be awarded against a losing party in copyright litigation. The team has also been active in matters relating to the Trump administration’s termination of the Deferred Action for Childhood Arrivals (DACA) – a matter in which the team has been acting on the side of the so-called Dreamers in multiple rounds of litigation. Indeed, both at state and federal level, Los Angeles-based Theodore Boutrous was instrumental in challenging the termination of the program on constitutional grounds, eventually leading to the Ninth Circuit’s granting a preliminary injunction blocking the termination of the DACA protections. Following an elevation of the same matter to the US Supreme Court in the 2019-2020 term, former Solicitor General Theodore Olson presented arguments for the private respondents in the currently pending case of Department of Homeland Security v Regents of the University of California. The group’s success in the courts of appeals does not end there; at the Third Circuit, Miguel Estrada scored a $1.4bn win for Crystallex International Corporation in a dispute against the Bolivarian Republic of Venezuela. Thomas Hungar rejoined the Washington DC-based group in January 2019, following his service as general counsel for the US House of Representatives.

Practice head(s):

Mark Perry; Allyson Ho

Other key lawyers:

Theodore Boutrous; Theodore Olson; Miguel Estrada; Thomas Hungar; Matthew McGill; Helgi Walker

Key clients

Aurelius Investment

Rimini Street

U.S. Chamber of Commerce

Crystallex International Corporation

BNSF Railway Co.

State of New Jersey

Uber

Philip Morris

Kimberly-Clark

Stream Energy

Work highlights

  • Secured a win for Rimini Street in Rimini Street Inc. v Oracle USA Inc., a case at the US Supreme Court involving the interpretation of the Copyright Act and the applicable statutory limitations to what constitutes ‘full costs’ to be awarded against a losing party in copyright litigation.  
  • Acting for the private respondents (the ‘Dreamers’) in Department of Homeland Security v Regents of the University of California, a case concerning the termination of the Deferred Action for Childhood Arrivals by the Trump administration.  
  • Obtained a $1.4bn win for Crystallex International Corporation in a dispute against the Bolivarian Republic of Venezuela brought by the client before the Third Circuit.
  • Represented Uber Technologies in a number of key challenges to its independent contractor model, with a recent win for the client at the Ninth Circuit.
  • Successfully acted for Stream Energy in a RICO fraud class action at the Fifth Circuit.

Goldstein & Russell, P.C.

Bethesda-based boutique Goldstein & Russell, P.C. specializes in representing clients in matters before the US Supreme Court and in the federal courts of appeals. As a result, the team is often brought in at the appellate stage, specifically for its expertise in this area. Thomas Goldstein has served as counsel on the merits in over 125 Supreme Court cases. Also recommended is Sarah Harrington, who has 21 Supreme Court cases under her belt.

Other key lawyers:

Thomas Goldstein; Sarah Harrington

Goodwin

The ‘highly efficient and enthusiastic’ team at Goodwin consistently finds itself at the forefront of appellate law issues arising in the field of IP. This core strength was evidenced in a recent case led by practice co-chair William Jay, who helped to win a 9-0 judgment in favor of the respondent in the US Supreme Court case of Helsinn Healthcare S.A. v Teva Pharmaceuticals USA Inc. The dispute called for interpretation of the Patent Act’s provisions barring an inventor from obtaining patent rights following a commercial exploitation of the invention. Clients also praise the group for its IP litigation work at the Federal Circuit, where it successfully argued for Dr. Reddy’s Laboratories in relation to the drug Suboxone; Boston-based practice co-head Kevin Martin led the appellate effort on that matter. Further, the practice is noted for its successful track record in representing financial institutions at the First and Second Circuits; Brian Burgess is a key contact for financial services litigation. David Zimmer (Boston) and Jaime Santos are also key figures in the team.

Practice head(s):

William Jay; Kevin Martin

Testimonials

A highly efficient and enthusiastic team

The attorneys in Goodwin’s appellate group are young, bright, and extremely eager. They have a ton of experience, and I would trust them with any case we have that is a candidate for certiorari or requires a briefing on the merits at the US Supreme Court.

Goodwin’s appellate lawyers bring great intelligence, energy, and passion to all of the work that they do.

William Jay was very effective and quick on his feet in an argument before the Federal Circuit.

William Jay and Kevin Martin, Jaime Santos are fantastic partners who collaborate beautifully together. Their depth is fantastic, and you can tell that they all get along and are team players. They will roll their sleeves up and dig in on just about any subject matter.

Key clients

Align Technology

BarBri

Citibank

Citizens Bank

Dr. Reddy’s Laboratories

JP Morgan Investment Management

Dr. Steven Zeitels

Association for Accessible Medicines

National Mining Association

Teva Pharmaceuticals

Work highlights

  • Scored a 9-0 victory for the respondent in the US Supreme Court’s case of Helsinn Healthcare S.A. v Teva Pharmaceuticals USA Inc., a case examining the scope of the Patent Act’s provisions barring an inventor from obtaining patent rights after commercially exploiting the invention.
  • Acted for Dr. Reddy’s Laboratories in a drug-related dispute with Indivior at the DC Circuit.
  • Scored a victory in the Second Circuit on behalf of bar exam prep course provider BarBri, with the dismissal of a 13-count complaint against BarBri and leading US law schools.
  • Persuaded the Federal Circuit to affirm a district court’s decision overturning a jury verdict against the team’s client Dr. Steven Zeitels in a partnership dispute.
  • Acted for Citizens Bank in defeating a putative class action brought against the client before the First Circuit in relation to its overdraft fee program.

Greenberg Traurig LLP

Greenberg Traurig LLP houses a sizeable group consisting of nearly 70 appellate practitioners split across 29 locations nationwide. Miami-based Elliot Scherker, Carmen Beauchamp Ciparick in New York, and Austin-based Dale Wainwright jointly lead the appellate group, which boasts several partners with former judgeships at the Texas Supreme Court and the New York State Court of Appeals; among them, Wainwright and Beauchamp Ciparick. The Texas Supreme Court is where the group scored a recent win for Occidental Chemical Corporation in a case of first impression raising questions of jurisdiction and separation of powers. Further, Tallahassee-based Barry Richard successfully acted on behalf of the 2018 Constitution Revision Commission in defending the ballot language of two of its amendments before the Supreme Court of Florida. On the US Supreme Court side, the practice is particularly adept at filing certiorari petitions and representing amicus curiae groups. Charles Watson in Austin is also recommended.

Practice head(s):

Elliot Scherker; Carmen Beauchamp Ciparick; Dale Wainwright

Other key lawyers:

Barry Richard; Charles Watson; Gregory Ostfeld; Kendyl Hanks; Brigid Cech Samole

Testimonials

Greenberg Traurig’s appellate team is extremely responsive and provides both timely and accurate legal opinions prior to making a determination as to whether or not to appeal.

Dale Wainwright is a top-notch practitioner who provides excellent advice. His written product is beyond reproach. Further, his oral argument skills are excellent.

Key clients

Occidental Chem. Corp.

Town of Ponce Inlet

Mosaic Fertilizer

Seminole Tribe of Florida

P.H. Glatfelter Company

National Mines Corporation / Old Republic Insurance Co.

Floyd Mayweather / Mayweather Promotions

Texas Oil and Gas Association

Whole Foods Market Group

Work highlights

  • Acted for the 2018 Constitution Revision Commission in defending two of the ballot summaries (Amendments 6 and 10) at the Supreme Court of Florida.
  • Successfully acted for Occidental Chemical Corp. in In re Occidental Chem. Corp., a case before the Texas Supreme Court arising in relation to a shoreline boundary along the Corpus Christi Bay.
  • Successfully defended a judgment in favor of Mosaic Fertilizer, LLC and The Mosaic Company in Williams v Mosaic Fertilizer, LLC , an environmental justice test case before the Eleventh Circuit.
  • Scored multiple wins over several years on behalf of the town of Ponce Inlet in a dispute with Pacetta LLC over the client’s unconstitutional property takings; work included acting in relation to a requested review by the Florida Supreme Court and a subsequent petition for a writ of certiorari by the US Supreme Court.
  • Acting for Floyd Mayweather and Mayweather Promotions in class action litigation brought by pay-per-view clients before the Ninth Circuit.

Hogan Lovells US LLP

Hogan Lovells US LLP stands out in particular for its work at the US Supreme Court, where Neal Katyal is breaking the record for oral arguments delivered by a minority attorney. A former Acting Solicitor General, Katyal has been engaged in some of the country’s most significant cases; in one highlight of many, he represented The American Legion in a dispute with American Humanist Association touching upon the separation of church and state. In the courts of appeal, practice co-chair Catherine Stetson recently reached 100 arguments in courts at federal and state level. Jessica Ellsworth is also very active, having recently acted on behalf of Mazda in a case at the Third Circuit concerning the Mazda Brand Experience Program. The department is also distinguished by the strength of its bench, a recent example of which was the 9-0 victory secured by senior associate Mitchell Reich in Rodriguez v Federal Deposit Insurance Corp., a US Supreme Court case concerning ownership of corporate tax refunds.

Practice head(s):

Neal Katyal; Catherine Stetson

Other key lawyers:

Jessica Ellsworth; Mitchell Reich

Jenner & Block LLP

The appellate and Supreme Court department at Jenner & Block LLP has a proven strength in claims involving statutory interpretation. American Indian law is an area of particular expertise; a team led by Adam Unikowsky recently scored a win for the defendant in Washington State Dep't of Licensing v Cougar Den, Inc., a US Supreme Court case calling for the interpretation of the Yakama Nation Treaty of 1855. In the 2019 term, the group acted for the respondents in the currently pending high-profile case of Espinoza v Montana Department of Revenue, where the Roberts Court seeks to determine the relationship between religious school scholarships in Montana and the religion clauses or the equal protection clause of the US Constitution. Moreover, the group’s energy law work is particularly impressive in the federal courts of appeal. A team led by Matthew Price represented the Exelon Corporation in challenges brought before the Seventh and the Second Circuits in an attempt to dismiss the Zero-Emission Credit Program. The department is jointly led by former Acting Solicitor General Ian Gershengorn; election law specialist Jessica Ring Amunson; commercial claims expert Matthew Hellman; and Chicago-based Michael Brody, who is recognized for his work in the class actions appellate space.

Practice head(s):

Ian Gershengorn; Jessica Ring Amunson; Michael Brody; Matthew Hellman

Other key lawyers:

Adam Unikowsky; Matthew Price

Testimonials

Jenner & Block’s lawyers are exceptionally knowledgeable about the courts’ practice around the country. They are outstanding in preparation of their briefing, and strategic about the arguments they make. They work collaboratively with others outside their firm, welcoming input from others and accepting constructive comments. The team is highly successful and achieves results.

Only a few legal teams have the subject matter expertise that Jenner & Block has. In addition, they are nimble, creative, and responsive lawyers who get things done, which makes them a valuable and trusted partner to our business.

I have worked with Jessica Amunson on several matters and Matthew Hellman on a matter of great importance. Both are extremely knowledgeable, exceptionally good writers, thoughtful strategists, and equally strong oral advocates.

Key clients

Cougar Den

FanDuel

Cayuga Nation

Equus Total Return

Phillip Morris Global

Exelon Corporation

Olin Corporation

Charter Communications

Hertz Global Holdings

Microsoft

Princeton University

Knight First Amendment Institute

Coherus Biosciences

SoundExchange

General Dynamics

Recording Industry of America

McKesson

Cohen Milstein

CRST Expedited

Cayuga Nation

Work highlights

  • Scored a win for the defendant in Washington State Dep’t of Licensing v Cougar Den, Inc., a US Supreme Court case involving the interpretation of the Yakama Nation Treaty of 1855.
  • Acting for the respondents in a case currently pending before the US Supreme Court – Espinoza v Montana Department of Revenue – a dispute arising in relation to Montana’s tax credits for religious scholarships.
  • Representing Patrick Murphy, a member of the Muscogee (Creek) Nation, in Carpenter v Murphy, a capital case before the US Supreme Court.
  • Successfully acted for the Knight First Amendment Institute in a case at the Second Circuit, which confirmed that President Trump violated the First Amendment when he blocked seven individuals from the @realDonaldTrump Twitter account.
  • Successfully represented Philip Morris Global in a Delaware Supreme Court case, setting a forum non conveniens precedent.

Jones Day

Priding itself on its deep bench, Jones Day's appellate law practice is spread across 12 offices nationwide. About half of the group's partners are based in Washington DC, and among them is practice chair Beth Heifetz. The recent caseload is indicative of the team's regular involvement in some of the most widely publicized cases in the market, having presented 12 oral arguments in the US Supreme Court in the past three terms alone. In one instance during the US Supreme Court’s 2018-2019 term, Michael Carvin won a judgment in favor of the American Legion in its high-profile dispute with the American Humanist Association questioning the constitutionality of a government-maintained Christian cross on public land. The group's Supreme Court work also highlights its strength in product liability cases; Shay Dvoretzky slated victories for the petitioners in Air and Liquid Systems Corp. v DeVries as well as in Merck Sharp & Dohme Corp. v Albrecht, the latter of which was decided 9-0. The team has also become a part of the US Supreme Court’s consistent trend of adopting a narrow interpretation of the federal fraud legislation in the context of corruption by public officials. Of particular note, Yaakov Roth led a team in a 9-0 victory for petitioner Bridget Kelly in the so-called Bridgegate case concerning federal property fraud arising out of realignments at the George Washington Bridge. On the courts of appeal side, Roth also teamed up with of counsel Glen Nager in representing the former deputy mayor of Philadelphia in the Third Circuit appeal of his bribery convictions. Jennifer Swize is a go-to name for patent appeals at the Federal Circuit. Also recommended is senior associate Jeffrey Johnson, who routinely appears as counsel of record in cases brought before the Sixth and the Seventh Circuits.

Practice head(s):

Beth Heifetz

Testimonials

They are simply the best.

Key clients

CBS Corporation

Merck, Sharp & Dohme Corp.

R.J. Reynolds Tobacco Company

Sirius XM Radio

U.S. Chamber Litigation Center

Work highlights

  • Successfully acted for Merck, Sharp & Dohme Corp. in Merck Sharp & Dohme Corp. v Albrecht at the US Supreme Court, a case assessing the extent to which state law tort liability can be pre-empted by the drug maker’s compliance with federal legislation and regulations, particularly in the context of obtaining approvals by the Food and Drug Administration.
  • Scored a judgment in favor of the American Legion in The American Legion v American Humanist Association, a separation of powers case questioning the constitutionality of a government-maintained cross on public land.
  • Achieved a 9-0 victory for petitioner Bridget Kelly in Kelly v United States, known as the scandalous ‘Bridgegate’ case at the US Supreme Court, which confirmed that the realignment scheme at the George Washington Bridge, intended as political retribution against Fort Lee’s mayor, did not violate the federal fraud and wire fraud laws.
  • Successfully represented former deputy mayor of Philadelphia in the Third Circuit appeal of his bribery convictions.
  • Represented CBS Corporation before the Supreme Court in its successful challenge to the Third Circuit’s broad duty-to-warn standard.

Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

Washington DC-based litigation powerhouse Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. has a notable track record acting for clients in the US Supreme Court. The 2018-2019 term saw name partner David Frederick present arguments for the respondent in Apple Inc. v Pepper, wherein the Justices sided with the team in declaring that iPhone owners are direct purchasers with a standing to pursue claims against Apple for alleged monopolization. Aaron Panner is also a top performer in the antitrust space, where he serves as appellate counsel to market-leading telecoms and IT companies. Scott Angstreich is a contact for administrative law issues.

King & Spalding LLP

King & Spalding LLP ‘offers the best of both worlds on appeals’, combining broad-base appellate experience with in-depth knowledge of specific fields, namely energy, healthcare, and IP. In the US Supreme Court, the team is noted in particular for its petition filing work. In one instance, it successfully acted for Google in seeking certiorari in the case of Google LLC v Oracle America Inc., aiming to assess whether copyrights extend to a software interface. The practice is also very active in the courts of appeals across the country. Silicon Valley-based Anne Voigts has gained special recognition for her work at the Ninth Circuit. Washington DC-based duo Jeffrey Bucholtz and Ashley Parrish jointly lead the practice group, which is part of the wider trial and global disputes group. In January 2020, Paul Mezzina returned to the Washington DC office, following his US Supreme Court clerkship for Justice Neil Gorsuch.

Practice head(s):

Jeffrey Bucholtz; Ashley Parrish

Other key lawyers:

Paul Mezzina; Anne Voigts; Nikesh Jindal; Marisa Maleck

Testimonials

This is a very good group, led by highly talented lawyers. The partners are all accomplished appellate generalists, who have also learned specialty subject matter areas, which allows them to offer the best of both worlds on appeals in a number of areas. The team on any given appeal is usually smaller than at other firms, which promotes efficiency. The associates are strong, but the partner engagement is what really sets the team apart.

Jeff Bucholtz is exceptionally good.  A legendary hard worker, he is great on his feet in court — he thinks quickly and gets to the point. His briefs are also very well-crafted. He is our go-to lawyer for HHS regulatory issues. We also retain him a lot for False Claims Act work.

Ashley Parrish is immensely likeable and talented.  A real joy to work with. We work together on class actions and administrative law issues. He is also very strong in energy issues.

Paul Mezzina has the total package and will go far.

Key clients

Allergan USA

Amarin

American Clinical Laboratory Association

Atlanta Gas Light

Bass Pro Shops

Bristol-Myers Squibb

Chevron Corporation

Delta Air Lines

Equifax

Federal Reserve Banks

Google

Grant Thorton

Health Insurance Innovations

Huntington Ingalls Industries

Ipsen Biopharmaceuticals

R.J. Reynolds Tobacco

Scana

Work highlights

  • Successfully acted for Google in seeking certiorari in the case of Google LLC v Oracle America Inc., seeking to assess whether copyrights extend to a software interface.
  • Representing Amarin Pharma in petitioning the US Supreme Court to review the dismissal of an important unfair competition lawsuit.
  • Successfully represented the American Clinical Laboratory Association in challenging a decision by The United States Department of Health and Human Services before the DC Circuit.
  • Representing the Federal Reserve Banks before the Federal Circuit in an appeal concerning whether the Federal Reserve Banks are “persons” that  have a standing to challenge patents under the America Invents Act.
  • Representing Google in a DC Circuit appeal involving a statutory pay rise for composers and their publishers from on-demand streaming services in the US.

Kirkland & Ellis LLP

Kirkland & Ellis LLP has a premier appellate law practice that is known for its involvement in disputes with significance in the wider market. Indeed, the team is rated clients for its ‘deep knowledge of the direction of the courts on the most significant legal issues of the day’. Constitutional law cases are a forte of the group, and an area for which it is recommended by peers and clients alike. Building upon Erin Murphy’s success in Gill v Whitford in 2018, Paul Clement successfully argued in favor of North Carolina’s legislature, as appellant, in Rucho v Common Cause, a closely watched partisan gerrymandering case at the US Supreme Court. The group also acted for the petitioners in New York State Rifle & Pistol Association Inc. v City of New York, New York, the highly anticipated Second Amendment case challenging New York City’s restriction on the transport of guns, which the US Supreme Court recently remanded to the Second Circuit. Clearly, the firm is extremely active in the US Supreme Court – in the 2019 term, the team was scheduled to present arguments in seven cases. Clement in particular, a former US Solicitor General, has more than 100 US Supreme Court arguments under his belt. One more SCOTUS highlight from the past year was George Hicks' victory for a Crow tribe member in Herrera v Wyoming, a case in which the Court declared that Wyoming’s statehood did not abrogate the tribe’s right to hunt, confirmed under an 1868 federal treaty. The group is also standout on the courts of appeals front as well. John O’Quinn has extensive experience in IP cases tried at the Federal Circuit, and New York-based Jay Lefkowitz is a go-to contact for shareholder, antitrust, and product liability disputes. In addition, thanks to its full integration in the firm’s wider litigation group, the appellate practice routinely works with the firm's trial lawyers, particularly in the area of mass torts.

Testimonials

The team is talented and has useful insights into the thinking of the judiciary, especially conservative judges, on issues of constitutional law. The practice is thorough and thoughtful, and has a deep knowledge of the direction of the courts on the most significant legal issues of the day.

Kirkland & Ellis’ team is well connected in conservative circles with useful insights into the thinking of conservative appellate judges and Supreme Court justices.

Key clients

Archdiocese of Puerto Rico

Atlantic Coast Pipeline

Blue Cross Blue Shield of North Carolina

Henry Schein

Kinder Morgan

Lucky Brand

Moda Health Plan

New York Rifle & Pistol Association

North Carolina General Assembly

Parker Drilling Company

AIDS Healthcare Foundation

Black Card

BP / BP Exploration & Production Co.

Jeld-Wen

Kentucky Utilities Co.

Linn Energy

Pennsylvania Higher Education Assistance Agency

Ultra Petroleum Corporation

Alliance of Automobile Manufacturers

Ohio Valley Electric Corporation

Sanofi

Regeneron Pharmaceuticals

Work highlights

  • Successfully represented North Carolina’s legislature as appellant in Rucho v Common Cause, a landmark partisan gerrymandering case at the US Supreme Court.
  • Acted for the petitioners in New York State Rifle & Pistol Association Inc. v City of New York, New York, a Second Amendment case challenging New York City’s restriction on the transport of guns, which the US Supreme Court recently remanded to the Second Circuit.
  • Scored a victory for a Crow tribe member in Herrera v Wyoming, in which the US Supreme Court declared that Wyoming’s statehood did not abrogate the tribe’s right to hunt confirmed under an 1868 federal treaty.
  • Represented AIDS Healthcare Foundation in a False Claims Act lawsuit brought by three former employees before the Eleventh Circuit.
  • Acted for Black Card, a luxury credit card company, in an appeal to the Tenth Circuit challenging the district court’s grant of summary judgment to Visa in a $600m commercial dispute regarding the now-defunct Visa Black Card.

Latham & Watkins LLP

Praised by clients for 'providing the highest level of service’, Latham & Watkins LLP is ‘top-notch across the board', boasting a stable of appellate lawyers including multiple practitioners with prior experience working at the US Office of the Solicitor General. Practice head and former US Solicitor General Gregory Garre has presented arguments in 44 cases before the US Supreme Court; he has a remarkable track record of success in cases that are perceived to split the justices ideologically, having scored more 5-4 victories than any other appellate practitioner in recent years. In just one recent example, Garre presented a winning argument on behalf of the State of Florida in a landmark Supreme Court original action against the State of Georgia over water rights in the Southeast United States. Roman Martinez is noted as ‘an outstanding and effective’ brief writer, having filed over 70 briefs with the US Supreme Court. The team is also noted for its work on cutting-edge issues. Barr v American Association of Political Consultants Inc. is one such example, where the group is acting for the respondent in a dispute seeking to establish whether the First Amendment’s free speech clause precludes an application of the 1991 Telephone Consumer Protection Act’s ban on robocalls to cellphones. Richard Bress also stands out in First Amendment claims; in American Beverage Association v City of San Francisco, he persuaded the Ninth Circuit, sitting en banc, to strike down San Francisco’s measure requiring warning labels for sugary beverages. Melissa Arbus Sherry is also a key figure in the team; she scored a recent victory for Ferrellgas Partners in shareholder class action proceedings at the Second Circuit. In July 2019, Scott Ballenger left the partnership to pursue an academic career at the University of Virginia.

Practice head(s):

Gregory Garre

Other key lawyers:

Roman Martinez; Richard Bress; Melissa Sherry; Michael Bern

Testimonials

The attorneys in this practice group are experts in appellate law, with many hailing from the Solicitor General’s office or from clerkships at the US Supreme Court. They are also exquisite writers, perhaps the best that I have seen. In the particular area they were assisting on – administrative law – they were also substantive experts, and very facile with discussing the key case law.’

We have worked with Latham for more than ten years, and work with Latham frequently on complex and high-value litigation. Latham is top-notch across the board in providing the highest level of service in every sense of that term. We routinely receive the most prompt, engaging, and thoughtful counsel and work from Latham.

This group is top-notch.  Brilliant lawyers with razor-sharp intellect, who deliver first-class written products and have excellent oral advocacy skills.

The team at Latham & Watkins, led by Roman Martinez, has been proactive in reaching out to assist us in a pro bono capacity in the very niche area of veterans law. They have an impeccable reputation in appellate advocacy. They respect our knowledge of this area of the law, and work with us to advance it at a high level with their expertise in administrative law and appellate advocacy. It is a pleasure to work with Latham and Watkins, and we feel very fortunate that they have been so generous with their time in advancing our work.

Greg Garre is a senior member of an exclusive and elite cadre of lawyers who have appeared before the US Supreme Court more than 40 times. Despite this, he is humble and truly easy to work with.  Definitely, my first call for any appellate matter I may have in the future.

Roman Martinez is an outstanding and effective writer and oral advocate.

Roman Martinez does a terrific job of listening to the concerns and issues we bring forward, and providing feedback and guidance. He has a great vision for building on cases. Roman and his team demonstrated excellent communication skills throughout the case. The written product was always first-rate.

Rick Bress is not only an excellent oral advocate, but also a very effective and efficient case manager.  He is also highly responsive to client questions.

Rick Bress, Michael Bern, and Melissa Sherry are all truly outstanding advocates. Their insights, thoroughness, and strategic thinking are consistently excellent. Their work product is routinely flawless and always superb.

Key clients

Florida Department of Environmental Protection

American Beverage Association

Dow Chemical Company

Ferrellgas Partners

Walmart

Endo International

Huntington Ingalls

Merck

Amgen

Eli Lilly

Imerys Talc America

Navistar

Eaton Corporation

Avangrid

Work highlights

  • Achieved a 5-4 US Supreme Court victory on behalf of the State of Florida in its high-profile water rights battle with the State of Georgia; work includes a recent representation of the client before the assigned special master.
  • Acting for the respondent in Barr v American Association of Political Consultants Inc., a First Amendment case relating to the government-debt exception to the automated-call restriction contained in the Telephone Consumer Protection Act of 1991.
  • Represented US Navy veteran Robert Gray in en banc US Supreme Court proceedings involving the client’s entitlement to disability benefits and the right of veterans to obtain judicial review of unlawful agency action by the US Department of Veterans Affairs.
  • Successfully acted for the petitioner in Babb v Wilkie, a case involving the interpretation of the federal sector provision of the Age Discrimination in Employment Act of 1967.
  • Represented Michael Skakel in US Supreme Court proceedings relating to his wrongful conviction for the 1975 murder of Martha Moxley.

Mayer Brown

Jointly led by Andrew Pincus, Nicole Saharsky, and New York-based Lauren Goldman, Mayer Brown's appellate group is praised by clients as ‘the class act of a very classy bunch’. The group stands out for its recent work in the areas of class actions and arbitration-related disputes. Split 5-4 in the case of Lamps Plus Inc. v Varela, the Roberts Court ruled in favor of the team’s client Lamps Plus, adopting a narrow interpretation of the Federal Arbitration Act and holding that ambiguous contracts cannot be deemed to include the necessary contractual consent to arbitrate on a class basis. Other key figures include Brian Netter, a contact for ERISA litigation; Evan Tager, whose brief writing clients have labeled ‘a work of art’; and Chicago-based Timothy Bishop, who is routinely involved in environmental and land use claims, with Weyerhaeuser Co. v U.S. Fish & Wildlife Service being one of many recent examples. In May 2019, Michael Kimberly and Paul Hughes left the firm for McDermott Will & Emery LLP.

Practice head(s):

Andrew Pincus; Nicole Saharsky; Lauren Goldman

Other key lawyers:

Brian Netter; Evan Tager; Timothy Bishop

Testimonials

Mayer Brown’s appellate practice is invariably rated at the very top, and I consider it my go-to firm for appellate representation. The written work from drafts to finished briefs is targeted, concise, and persuasive. The attorneys highly value our business and show it.

Mayer Brown has a strong value proposition for US Supreme Court matters. The team’s engagement has been very smooth.

Mayer Brown is as a practice the class act of a very classy bunch. The practice is an incredibly deep bench of sophisticated, experienced appellate lawyers who work collaboratively among themselves, with co-counsel (including trial counsel), and with clients. In my experience as their client and as their co-counsel, I have found Mayer Brown’s lawyers to be the best partners in litigation. They understand clients’ needs, appreciate the expertise and voice that clients have to offer, and unfailingly present the best quality work. They bring ability and insight, not ego. And in addition to being some of the most powerful and persuasive writers, they bring sophisticated strategic sensibilities and immense creativity, always thinking not just about the particular brief or case, but also about the shape and direction of the law. I save the hardest, most important matters for Mayer Brown, because the folks there are simply the best in the business.

Andrew Pincus is a leading Supreme Court advocate. He handles many of our most important appeals and his track record is hard to beat. Andy is creative and scholarly but also practical. He is a pleasure to work with.

Andy Pincus is one of the most creative and powerfully persuasive Supreme Court lawyers.

Nicole Saharsky and her team are especially knowledgeable in Supreme Court matters, and have been very proactive in managing our case.

Evan Tager is skilled and our go-to for arbitration-related appeals. He is also ready and able to act at the district court level, where we have relied on him to litigate issues with a likely path to appeal.

Evan Tager is probably the best legal writer in the country. Any brief by Evan is a work of art.

Key clients

AT&T

Arkema

Bank of New York Mellon

CSX

Facebook

Google

Intel

Nestlé

US Chamber of Commerce

Weyerhaeuser Co.

Work highlights

  • Secured a 5-4 victory for the petitioners in the case of Lamps Plus Inc. v Varela, a Supreme Court case confirming that class-wide arbitration can be initiated if such provisions are included in the underlying arbitration contracts.
  • Represented Google in Frank v Gaos, a high-profile case in the US Supreme Court concerning cy pres relief in class action settlements.
  • Scored a unanimous victory for Weyerhaeuser Company in the US Supreme Court’s case of Weyerhaeuser Co. v U.S. Fish & Wildlife Service, with the Court holding that the Fish and Wildlife Service properly designated private land in Louisiana as ‘critical habitat’ for the endangered Dusky Gopher Frog under the Endangered Species Act.
  • Serving as lead counsel for Altera in defending the appeal brought before the Ninth Circuit in relation to the Tax Court’s 15-0 judgment in favor of Altera.
  • Successfully acted for the respondents in Taggart v Lorenzen, a bankruptcy case in the US Supreme Court.

McDermott Will & Emery LLP

McDermott Will & Emery LLP launched its appellate law practice in May 2019, with the arrival of group co-chairs Paul Hughes and Michael Kimberly, who joined from Mayer Brown. The duo has significant experience acting before the US Supreme Court, with a combined record of more than a dozen oral arguments presented at the Court. In one recent highlight, the team acted for the appellees in the high-profile partisan gerrymandering case of Lamone v Benisek. Further, the Roberts Court also issued a narrow 5-4 opinion in Kisor v Wilkie, siding with the team’s petitioner-client and upholding a more restrictive interpretation of the conditions under which courts must defer to agencies’ interpretation of their own ambiguous regulations.

Practice head(s):

Paul Hughes; Michael Kimberly

Testimonials

Outstanding work in the area of higher education and immigration – the team obtained a temporary nationwide injunction against the “unlawful presence” of international students which remains in effect today. The lawyers have the capacity and commitment to work with diverse clients and ease their concerns about legal matters and filing a lawsuit.

Paul Hughes is a dedicated attorney who leaves no stone unturned. Paul works tirelessly and shows a deep commitment to his clients’ issues. He writes clearly and persuasively and is very supportive of his clients.

Key clients

James L. Kisor

Marcel Fashions Group

Ricky Lee Smith

Texas Brine Company

Work highlights

  • Successfully acted for the petitioner in Kisor v Wilkie, a case in the US Supreme Court concerning the agency deference doctrine.
  • Represented petitioner Ricky Lee Smith in securing judicial review of agency dismissals in Smith v Berryhill before the US Supreme Court.
  • Acted for the appellees and defended the team’s district court win in the partisan gerrymandering case of Lamone v Benisek.
  • Argued the case for Marcel Fashions in a trademark dispute with Lucky Brand Dungarees brought before the US Supreme Court.
  • Preparing an amicus brief to be filed with the US Supreme Court on behalf of multiple technology companies in relation to a pending public charge issue.

MoloLamken LLP

MoloLamken LLP is a highly regarded national litigation boutique with a strong appellate practice that is most active in constitutional, statutory, and regulatory cases. The team has particular strengths in energy, telecoms, IP, and sovereign immunity issues. Jeffrey Lamken heads the department, which is rated by clients for its ‘perfect balance of brilliance and humility, from top to bottom’. In the US Supreme Court’s 2018 term, a team led by Lamken acted on the side of respondent Paloma Gaos and others in the Frank v Gaos case, revisiting the nature of cy pres settlements and the payment of those settlements to charities rather than to class members. Further, the practice group is also routinely involved in IP matters brought before the Federal Circuit, as well as at the Second Circuit, where Robert Kry is a standout practitioner. Also recommended is Michael Pattillo, who has expertise in writing appellate briefs and in providing appellate advice at the trial stage of litigation.

Practice head(s):

Jeffrey Lamken

Other key lawyers:

Michael Pattillo; Robert Kry

Testimonials

I think that the team is a perfect balance of brilliance and humility, from top to bottom. That is, there is no sense of hierarchical dominance. Good ideas are accepted by all, and nobody is afraid to propose them. As a result, the work product is top-notch and well-vetted, without exceptions.

During hearings, Jeffrey Lamken presents arguments with extremely thoughtful, credible oral advocacy. To my mind, that makes people want to listen to him and trust him.

Key clients

Amgen / Amgen Manufacturing / Amgen USA

Telefonaktiebolaget LM Ericsson

Microsoft Corporation 

Merck & Co.

VirnetX

Christine Asia Co. / William Tai, Abel Amoros/ Arthur Gabriel / Raymond Lee / Gang Liu

Virginia Electric & Power Co. (d/b/a Dominion Energy Virginia)

Rovi Corp.

Sistem Mühendislik Insaat Sanayi Ve Ticaret, A.Ş.

Idenix Pharmaceuticals LLC / Università degli Studi di Cagliari

Islamic Republic of Iran

Paloma Gaos

Continental Circuits

Work highlights

  • Represented a group of plaintiffs in the US Supreme Court’s case of Frank v Gaos concerning cy pres settlements in class action proceedings.
  • Represented petitioner Amgen in filing a petition for a writ of certiorari in Amgen Inc. v Sanofi, seeking the US Supreme Court’s review of Federal Circuit’s ruling regarding section 112 of the Patent Act.
  • Representing the Microsoft Corporation as amicus curiae in the Supreme Court in Google LLC v Oracle America Inc., a high-profile case addressing the scope of copyright law’s fair use doctrine as applied to computer code.
  • Represented VirnetX Inc. in defending two nine-figure patent infringement judgments before the Federal Circuit.
  • Representing Turkish construction company Sistem Mühendislik Insaat Sanayi Ve Ticaret, A.Ş. at the Second Circuit, seeking to enforce an arbitral award worth over $11 m against the Kyrgyz Republic.

Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP is regularly retained for work in the state and federal courts of appeals. The group is noted for the volume of its recent instructions relating to energy litigation. In one example, the team is acting for the National Biodiesel Board in the DC Circuit, challenging the Environmental Protection Agency’s renewable fuel standard. Other specialist areas of expertise include financial services regulation, employment, IP, administrative issues, and constitutional law. Former Assistant Solicitor General David Salmons chairs the practice in Washington DC, where environmental law specialist Bryan Killian is also recommended. Other names to note are Thomas Peterson in San Francisco and William Peterson in Houston.

Practice head(s):

David Salmons

Key clients

Jackson National Life Insurance Co.

Union Pacific Railroad Company

National Biodiesel Board

Anadarko Petroleum

CSX Corp.

Vonage

Pacific Maritime Association

Anthem Blue Cross Life & Health Insurance Company

Work highlights

  • Representing Anadarko Petroleum in multiple lawsuits brought by local cities and counties claiming that fossil-fuel producers are responsible for global climate change; some of those cases are pending in the Ninth Circuit.
  • Representing Union Pacific Railroad Company in claims for refunds for taxes paid under the Railroad Retirement Tax Act.
  • Successfully represented the Pacific Maritime Association in Surf City Steel, Inc. v International Longshore and Warehouse Union, an antitrust case before the Ninth Circuit.
  • Representing Shell International Trading and Shipping Co. in a long-running class action litigation involving manipulative trading before Second Circuit.
  • Acted for Vonage in dismissing a putative class action in Merkin v Vonage, a case at the Ninth Circuit concerning Vonage’s fees.

Morrison & Foerster LLP

Morrison & Foerster LLP's appellate group is jointly led by two former Assistants to the Solicitor General, Deanne Maynard and Joseph Palmore, who also acts as managing partner of the Washington DC office. The team has impressive appellate strength across the country; in the course of six weeks during the reported period, it presented arguments before the Federal, DC, Second, Eight, and Ninth Circuits. Indeed, the group has particular experience at the Ninth Circuit, with the past year being no exception. A team led by Maynard prevailed on behalf of a multinational supply chain management company in four separate appeals concerning alleged RICO violations, False Claims Act violations, and an arbitration clause contained in the client’s terms of service. Further, the group is well-placed to handle matters in California-based courts thanks in part to the experience of senior of counsel Miriam Vogel, who has served as Justice on the California Court of Appeal. Equally well-versed in the US Supreme Court arena, Palmore is leading the team on the representation of the respondents in ARCO v Christian, which raises questions concerning pollution cleanup costs and the federal legislation regarding the so-called Superfund sites. Brian Matsui is also noted for his work on patent appeals.

Practice head(s):

Deanne Maynard; Joseph Palmore

Other key lawyers:

Brian Matsui; Miriam Vogel; James Sigel

Key clients

Balsam Brands

Bank of America

City of Santa Monica

National Abortion Federation

NYS Citizen’s Coalition for Children

Oath

Peabody Energy

Sandoz

Sotheby’s

TouchTunes

Work highlights

  • Won four appeals for a multinational supply chain management company in the Ninth Circuit, with the issues ranging between allegations of RICO violations, False Claims Act violations, and the obligation to arbitrate pursuant to an arbitration clause contained in the client’s service terms.
  • Acting for the respondents in the US Supreme Court’s case of ARCO v Christian, which raises questions concerning pollution cleanup costs and the federal legislation on the so-called “Superfund” sites.
  • Successfully represented Sandoz in two patent appeals at the Federal Circuit.
  • Secured a Ninth Circuit win for Sotheby’s, as well as co-defendants Christie’s and eBay, in a long-running putative class action brought pursuant to the California Resale Royalties Act.
  • Secured a victory in the DC Circuit for the City of Santa Monica in its decades-long battle for control over its municipal airport.

Munger, Tolles & Olson cements its market-leading position in the US Supreme Court space, partially due to the credentials of former Solicitor General Donald Verrilli. Verilli recently presented arguments on behalf of the petitioners in Intel Corp. Investment Policy Committee v Sulyma, where the US Supreme Court engaged in interpretation of ERISA legislation. Other key contacts include former Assistant to the Solicitor General Elaine Goldenberg and San Francisco-based Benjamin Horwich.

O'Melveny & Myers LLP

The appellate group at O'Melveny & Myers LLP is led by Jonathan Hacker, who has experience of appeals at all federal Circuits. Among the team's recent highlights, New York-based Anton Metlitsky charted a win at the Eight Circuit for pro bono client MacArthur Justice Center in McAdoo v Martin concerning violations of prisoners’ rights. The group also has significant experience at the US Supreme Court, where special counsel Jeffrey Fisher has presented arguments in three dozen cases, most recently scoring a victory for the petitioners in Jam v Int’l Fin. Corp. — the first case involving interpretation of the International Organizations Immunities Act. In January 2020, the practice group strengthened its SCOTUS capabilities with the appointment of Michael Dreeben, who, in more than two decades as Deputy Solicitor General, has presented 105 oral arguments on behalf of the US before the Court. Former Solicitor General Walter Dellinger is also recommended.

Practice head(s):

Jonathan Hacker

Other key lawyers:

Jeffrey Fisher; Walter Dellinger; Michael Dreeben; Anton Metlitsky; Jason Zarrow

Key clients

Chevron Corporation

Chubb Group

Exportadora de Sal S.A de C.V

Ford Motor Company

Johnson & Johnson

MacArthur Justice Center

The Walt Disney Company

Work highlights

  • Achieved a victory for the petitioners in Jam v Int’l Fin. Corp., the first case before the US Supreme Court involving interpretation of the International Organizations Immunities Act.
  • Scored a victory for Ford Motor Company in the Fourth Circuit, winning affirmance of a district court’s ruling rejecting a class action alleging that Ford vehicles manufactured between 2002 and 2010 were susceptible to unintended acceleration events.
  • Secured a pro bono win for MacArthur Justice Center in McAdoo v Martin, an appeal to the Eighth Circuit with ramifications for prisoners seeking damages for violations of their legal rights.
  • Persuaded the Eleventh Circuit to reverse a district court’s ruling requiring client Chubb Group to indemnify liabilities arising out of damage to a commercial warehouse.
  • Scored a victory for The Walt Disney Company in Wilson v Fidelity Mgmt. Trust Co. at the Ninth Circuit, thereby ending a fiduciary breach litigation brought under the ERISA.

Orrick, Herrington & Sutcliffe LLP

The ‘outstanding appellate practice’ at Orrick, Herrington & Sutcliffe LLP is known for handling innovative claims in the technology sector. Building upon last year’s victory for Oracle at the Federal Circuit, New York-based practice co-head Joshua Rosenkranz is leading a large team in defending the client in Google LLC v Oracle America Inc. – a case in which the US Supreme Court has taken on the hefty task to determine whether copyright protection extends to a software interface. Away from New York, but equally prominent in the high-tech field, Mark Davies leads the appellate group in Washington DC and is praised for his ‘unparalleled Federal Circuit experience’. The group's caseload demonstrates an undeniable strength in the financial services sector, a recent example of which was Robert Loeb's win for Credit Suisse in a $3.8bn case concerning residential mortgage-backed securities at the New York State Court of Appeals. Gender discrimination issues are also featured in the team’s work, and in this area, Eric Shumsky prevailed in California's First District Court of Appeal, acting for Twitter in litigation arising out of the client’s employment and promotion practices. Reflective of its growth trajectory and high demand in the tech sector, the group strengthened its capabilities in Seattle through the appointment of senior counsel Carolyn Frantz, who joined from a senior in-house position at Microsoft.

Practice head(s):

Joshua Rosenkranz; Mark Davies

Other key lawyers:

Robert Loeb; Eric Shumsky; Mel Bostwick; Carolyn Frantz

Testimonials

Orrick is our go-to firm for federal appeals. The depth of talent is second to none. The team has expertly handled appeals for us in a variety of substantive areas, including intellectual property, regulatory, and employment, among others. The group maintains great relationships with the clients — the entire team does an excellent job of brainstorming issues, receiving and incorporating client input.

Excellent research and writing abilities. The team took an unfamiliar subject and worked with us to produce a winning en banc brief to overrule existing precedent.

Orrick has a well-rounded team of attorneys who have strong appellate experience as well as specialist expertise in the underlying subject matter of the litigation.

Orrick has an outstanding appellate practice. What sets Orrick apart is the firm’s commitment to its clients. Whether a pro bono matter or a bet-the-company case, the firm brings the same passion and excellence to client representation.

Mark Davies has unparalleled Federal Circuit experience.

Josh Rosenkranz and Eric Shumsky are two of the finest appellate litigators in the nation. Their pre-trial analysis and strategizing are excellent. Their routine for preparing for trial is remarkable and their presentation at oral argument itself is a sight to behold — I have never seen either miss a beat.  Both are outstanding at presenting our story.

Joshua Rosenkranz is one of America’s top appellate lawyers.

Robert Loeb in the Washington office is an outstanding appellate practitioner. What sets Bob apart is his strategic insight into what makes for a winning appeal. Bob has the ability to analyze complex cases and package them in a way on appeal that maximizes the client’s chances for success.

Key clients

Apple

Credit Suisse

Cisco

Dish Network

Eni

Ericsson

Gilead Sciences

Johnson & Johnson

KBC Bank

Microsoft

Netflix

Oracle

Twitter

Work highlights

  • Representing Oracle in a landmark $9bn copyright battle brought by Google before the US Supreme Court.
  • Secured a win for Credit Suisse in a $3.8bn case involving residential mortgage-backed securities, brought before the New York State Court of Appeals.
  • Scored a victory for Twitter in an employment law case concerning gender bias at the California’s First District Court of Appeal.
  • Obtained a precedent-setting win for Ericsson in a high-profile patent law dispute with the University of Minnesota brought before the Federal Circuit.
  • Secured a win for the City of Stockton before the Ninth Circuit in a case involving novel issues of constitutional and bankruptcy law.

Paul Hastings LLP

Paul Hastings LLP has a core strength in appeals involving constitutional law issues, an area where Stephen Kinnaird is a go-to advisor. Kinnaird leads the appellate group in Washington DC, which is also prominent in the patent litigation space thanks in part to the experience of Naveen Modi and Joseph Palys. Away from the nation's capital, though still in the area of IP, Palo-Alto-based Yar Chaikovsky handles appeals for a mix of tech sector clients. The team on the West Coast is also known for its work in precedent-setting employment appeals. San Francisco-based labor law expert Paul Cane is the key figure in this space.

Practice head(s):

Stephen Kinnaird; Paul Cane

Testimonials

Collaboration and thorough communication at every step. No time necessary to get up to speed. Ready to go from day one.

Key clients

Jacobs Engineering Group

Unsecured Creditors Committee

Trend Micro

Morgan Stanley

The Employers Group / The California Employment Law Council

Helsinn Healthcare S.A.

HTC Corporation / HTC America

Sumitomo Dainippon Pharma / Sunovion Pharmaceuticals

Yahoo / Twitter

E.J. Gallo Winery

Samsung Electronics Co.

CoreLogic

Google

Work highlights

  • Representing the Unsecured Creditors Committee in a case in the US Supreme Court raising constitutional law issues relating to the structure of government in US territories.
  • Represented E. & J. Gallo Winery in an appeal before the California Court of Appeal in respect of a putative wage-hour class action.
  • Scored a win for Samsung Electronics Co. in a patent dispute with UUSI at the Federal Circuit.
  • Representing Trend Micro in a multi-patent case brought by SecurityProfiling before the Federal Circuit.
  • Successfully represented Walgreen Co. in an appeal at the Federal Circuit, affirming a string of earlier victories secured by the team in relation to a patent infringement dispute.

Paul, Weiss, Rifkind, Wharton & Garrison LLP

Paul, Weiss, Rifkind, Wharton & Garrison LLP launched its appellate practice in 2019 with the appointment of well-known litigator Kannon Shanmugam. A slightly unusual position in the world of appellate lawyers, Shanmugam currently leads the department, but also acts as managing partner of the firm’s Washington DC office. The team is renowned for its work in the US Supreme Court; it scored an unanimous win for the respondent in Obduskey v McCarthy Holthus, LLP, where the Roberts Court engaged in interpretation of the Fair Debt Collection Practices Act; and more recently, in the 2019 term, Shanmugam presented arguments for petitioner Seila Law in a high-profile separation of powers dispute against the Consumer Financial Protection Bureau (CFPB), wherein the Court will determine whether the CFPB’s structure is constitutional. The group is noted for its work at the Second Circuit, where it is acting for Murray Huberfeld and Evan Greebel in the respective appeals of their wire fraud convictions.

Practice head(s):

Kannon Shanmugam

Key clients

Fresenius Kabi AG

Seila Law

McCarthy & Holthus

Vanda Pharmaceuticals

Rick Harrison

James Walker

Proskauer Rose LLP

Proskauer Rose LLP’s ‘high-caliber professionals’ pride themselves on their ability to brief and present arguments at the appellate stage, but also on their extensive experience handling the trial stage of disputes. The practice is a popular choice among clients seeking representation in appeals involving labor and employment law, commercial issues, entertainment, and sports. Contacts in the New York office include Mark Harris, who leads the appellate group, and Myron Rumeld, a name to note for ERISA-related appeals. Recently promoted senior counsel John Roberts leads the Boston-based group. In a standout highlight at the First Circuit, a cross-practice team represented the Financial Oversight and Management Board for Puerto Rico in numerous appeals arising from the restructuring of the country’s debt.

Practice head(s):

Mark Harris; John Roberts

Other key lawyers:

Myron Rumeld

Testimonials

The high-caliber professionals at Proskauer take an active interest in resolving the issues at hand. When requested, they are pragmatic in providing advice on the spot. They are also easy to work with, very intelligent, and adaptive in understanding complex business structures and practices.

Key clients

Financial Oversight and Management Board for Puerto Rico

Wells Fargo

Johnson & Johnson

Miami Marlins

The Aerospace Corporation

Major League Soccer

National Basketball Association

United States Chamber of Commerce / American Benefits Council / ERISA Industry Committee

Charles Schwab

Amgen

National Football League

Church & Dwight

Work highlights

  • Represented the Financial Oversight and Management Board for Puerto Rico in over a dozen appeals at the First Circuit arising from the restructuring of Puerto Rico’s debt.
  • Successfully represented Wells Fargo & Co. and other defendants in an ERISA class action at the Eight Circuit, alleging that the defendants breached their fiduciary duties by padding their $35bn 401(k) plan with over-priced target-date funds affiliated with the bank.
  • Acted for Johnson & Johnson in an appeal at the California Court of Appeal alleging a causal link between talcum powder and ovarian cancer.
  • Prevailed on behalf of Charles Schwab at the Ninth Circuit in an ERISA-related appeal concerning the arbitrability of breaches of fiduciary duties.
  • Acting for the National Basketball Association in an appeal at the Second Circuit concerning the client’s retirement plan.

Quinn Emanuel Urquhart & Sullivan, LLP

Quinn Emanuel Urquhart & Sullivan, LLP's appellate team is spread across the firm's offices in New York, Silicon Valley, and Los Angeles. The practice group is chaired by Kathleen Sullivan, who splits her time between New York and Los Angeles. Sullivan's recent work reflects the firm's traditional strength in the class actions space, where she recently acted for the appellants in the DC Circuit's high-profile antitrust case of In Re: Rail Freight Fuel Surcharge Antitrust LitigationChristopher Landau left the team and currently serves as the US Ambassador to Mexico.

Practice head(s):

Kathleen Sullivan

Other key lawyers:

William Adams; David Cooper

Reed Smith LLP

Reed Smith LLP is noted for its performance in all federal courts of appeals, and also has a solid track record acting alongside the firm’s wider litigation team in pre- and post-trial stages of litigation. Practice chair Kim Watterson is routinely involved in cases headed to the Pennsylvania Supreme Court. She divides her time between the Los Angeles and Pittsburgh offices, as does the ‘top-notchJames Martin, who has three decades of experience in appellate work. Brian Sutherland splits time between San Francisco and New York, and regularly serves as counsel of record on amicus briefs in the US Supreme Court. San Francisco-based Paul Fogel and Raymond Cardozo are also key figures in the team.

Practice head(s):

Kim Watterson

Other key lawyers:

Brian Sutherland; Kasey Curtis; Paul Fogel; Raymond Cardozo

Testimonials

The level of expertise and the ease in dealing with the appellate team were top-notch. I was given more than sufficient time to review drafts and discuss strategy with various in-house team players. I also appreciated the use of lower-level associates and paralegals in performing research and drafting tasks.

Kim Watterson is so easy to talk to and work with – she was a champion for her entire litigation team.

James Martin is top-notch. He is a real lawyers’ lawyer.

Robbins, Russell, Englert, Orseck, Untereiner & Sauber

In the 19 years since its establishment, Robbins, Russell, Englert, Orseck, Untereiner & Sauber has cemented a market-leading reputation in the antitrust appellate space. Indeed, in addition to his experience at the US Supreme Court, founding partner Roy Englert is also known for his perfect track record in antitrust appeals, having been successful in every antitrust appeal he has handled. January 2020 saw investment disputes specialist Mark Stancil depart to Willkie Farr & Gallagher LLP.

Practice head(s):

Roy Englert

Other key lawyers:

Lawrence Robbins; Donald Burke

Ropes & Gray LLP

The backbone of Ropes & Gray LLP’s practice is appellate work in the state supreme courts and the Circuits. At the US Supreme Court level, the team is noted for its expertise in filing amicus curiae briefs. In addition, group chair Douglas Hallward-Driemeier recently represented the respondent in Mission Product Holdings, Inc. v Tempnology, LLC, a case reviewing issues at the junction of IP and bankruptcy law. The team is in fact consistently engaged in appeals on the IP front; Silicon Valley-based James Batchelder is a key contact for IP issues at the Federal Circuit. Moreover, the practice group is noted for its skillful cross-practice cooperation, often acting alongside the trial and business restructuring departments, among others. A recent cross-disciplinary highlight was corporate and securities litigation group co-chair David Hennes (New York) successfully representing the majority shareholders of Oxbow Carbon, in convincing the Delaware Supreme Court to prevent a forced sale of the company by its minority shareholders.

Practice head(s):

Douglas Hallward-Driemeier

Other key lawyers:

David Hennes; James Batchelder; Jonathan Ference-Burke

Testimonials

Douglas Hallward-Driemeier came in several years ago to lead the appellate group, and he has really added to the quality of the group’s legal briefing. Doug is very talented.

Douglas Hallward-Driemeier is an excellent practice lead. He is a great oral advocate and fully engages with the facts and the law to ensure great appellate strategy.

Key clients

The Tribune Company

Elliott Management Corporation

Protect Democracy

The American Bar Association

William Koch / Oxbow Carbon & Minerals Holdings / Ingraham Investments / Oxbow Carbon Investment Company

Terry Sears

Tempnology, LLC

The American College of Obstetricians and Gynecologists

Work highlights

  • Representing a large group of large public and private pension plan and fund clients in In re Tribune Company Fraudulent Conveyance Litigation at the Second Circuit; the action aims to recover funds amounting to $8.3bn received by public shareholders in the Tribune Company’s leveraged buyout in 2007.
  • Scored a win at the Third Circuit and the US Supreme Court for Elliott Management Corporation as one of the largest creditors in the Chapter 11 bankruptcy cases of Energy Future Holdings Corp., Energy Future Intermediate Holdings Corp., and their debtor affiliates.
  • Filed an amicus brief on behalf of Protect Democracy before several levels of New York state courts in Zervos v Trump, a defamation suit against President Trump.
  • Filed an amicus brief with the US Supreme Court on behalf of the American Bar Association in three consolidated cases concerning Title VII of the Civil Rights Act of 1964.
  • Secured a victory in the Delaware Supreme Court on behalf of industrialist William Koch and some of his affiliated investment vehicles in In re Oxbow Carbon LLC Unitholder Litigation, an action which sought to prevent a forced sale of Oxbow Carbon by its minority members.

Selendy & Gay

In the two years since its establishment in 2018, New York-based firm Selendy & Gay has established itself as a top performer in the securities litigation space. As a result, the firm’s appellate attorneys are routinely involved in defending securities-related decisions for clients, an area where founding partner Philippe Selendy and Sean Baldwin are standout practitioners. In addition, the team's caseload also reveals a strength in insurance sector appeals. The group is led by Caitlin Halligan (‘always available’), whose counsel of record experience at the US Supreme Court spans over 45 cases. Lena Konanova is also a key figure in the team.

Practice head(s):

Caitlin Halligan

Testimonials

The team at Selendy & Gay is not merely concerned with a successful appellate challenge, but also appreciates that the various potential outcomes could easily have broader policy impacts on our entire agency. The attorneys have worked closely with our in-house team to anticipate and provide for those impacts.

Caitlin Halligan and her team are perhaps the most responsive of any external counsel we have engaged. She is always available to us for advice, and is truly thoughtful about the issues that matter to us. Her experience gives her singular insight into the big picture. This allows us to often get to the heart of a particular issue without the need for intense back-grounding.

Key clients

U.S. Bank

Ambac Financial Group

Bersin Properties

Louis Vuitton Malletier

American International Specialty Lines Insurance Co.

Rio Tinto

Cerberus Capital Management

Justice Center for the Protection of People with Special Needs

Work highlights

  • Successfully acted for U.S. Bank as trustee of an asset-backed securities trust before the New York Court of Appeals in upholding the viability of CPLR 205(a), a nearly 400-year-old pleading rule.
  • Representing Steven Plavin, a former NYPD police officer, in a class action lawsuit in the New York Court of Appeals alleging that Group Health Incorporated misrepresented certain terms of its health insurance coverage in violation of New York’s consumer protection laws.
  • Represented Louis Vuitton Malletier in handling a fees appeal before the Second Circuit, following a trademark infringement case between Louis Vuitton and parody brand My Other Bag.
  • Representing American International Specialty Lines Insurance Co., an insurer and AIG subsidiary, before the New York Court of Appeals, in a case concerning when an arbitration decision becomes “final”.
  • Representing the Justice Center for the Protection of People with Special Needs in cases before the New York Court of Appeals raising questions regarding the constitutionality of the authority of the Justice Center’s Special Prosecutor.

Sidley Austin LLP

Sidley Austin LLP has a stellar appellate reputation and has been involved in some of the country’s most closely watched cases. Names to note in this space include white-collar crime specialist and former prosecutor Michael Levy and Carter Phillips, who has presented 79 arguments in the US Supreme Court.

Simpson Thacher & Bartlett LLP

The New York-based practice group at Simpson Thacher & Bartlett LLP is an attractive choice for clients seeking representation in appeals relating to securities, antitrust, and ERISA-related issues. The group is particularly active in the class action space, where Joe McLaughlin is a recognized appellate practitioner. Paul Curnin and Jonathan Youngwood jointly lead the wider litigation department.

Practice head(s):

Paul Curnin; Jonathan Youngwood

Other key lawyers:

Joe McLaughlin

Key clients

Alibaba

Best Buy

Countrywide Home Loans

JPMorgan Chase

Pacific Alternative Asset Management Co. / Prisma Capital Partners

Travelers

Work highlights

  • Scored a win for Hilton Hotels in ERISA class action proceedings at the DC Circuit.
  • Achieved a victory for Countrywide Home Loans in a residential mortgage-backed securities case at the New York Court of Appeals.
  • Representing Pacific Alternative Asset Management Co. and Prisma Capital Partners and their former CEOs in high-profile litigation at the Kentucky Supreme Court relating to the Kentucky public pension crisis.
  • Won a summary judgment for Best Buy in securities action following a class certification reversal by the Eight Circuit.
  • Representing Travelers in class action lawsuits brought by Medicare Advantage Organizations before the Eleventh Circuit.

Sullivan & Cromwell LLP

Sullivan & Cromwell LLP's appellate practice is led by Palo Alto-based Brendan Cullen. The team is well placed to handled securities, IP, and antitrust litigation. Robert Giuffra, Marc De Leeuw and Jeffrey Scott – all based in New York – are also key figures in the department.

Vinson & Elkins LLP

The team at Vinson & Elkins LLP is jointly led by Thomas Leatherbury and Marie Yeates, based in the firm's Dallas and Houston offices, respectively. Distinguished in part by its ability to act before trial courts in conjunction with the firm’s trial lawyers, the team often sees itself involved in disputes arising in the areas of oil and gas, energy, IP, and financial services. Austin-based Michael Heidler stands out in energy-related litigation and claims involving breaches of fiduciary duties. In addition to these sector focuses, the department is also adept at handling constitutional and administrative law issues; Jeremy Marwell in Washington DC is a go-to contact in this space. US Supreme Court attorney John Elwood departed in June 2019 to chair the appellate practice at Arnold & Porter. Jane Bland left to accept a judge appointment at the Texas Supreme Court.

Practice head(s):

Thomas Leatherbury; Marie Yeates

Other key lawyers:

Michael Heidler; Jeremy Marwell; Josh Johnson

Testimonials

Vinson & Elkins is a firm of the highest competence, integrity and capability. The work of the firm in the appellate area is top-notch.

Marie Yeates and her team are very knowledgeable, competent, and work very hard to frame arguments.

Key clients

AirTran Airways

Anadarko Petroleum Corporation

Antero Resources Corporation

Energy Transfer Partners

Huntsman International

Munger Bros

Mehmet Hakan Atilla

State of Georgia / Georgia Code Revision Commission

State Bar of Texas

Plains All American Pipeline

Denbury Green Pipeline-Texas

Herring Bancorp

Texas Access to Justice Commission

Episcopal Diocese of Fort Worth

The Dallas Morning News

Work highlights

  • Acting for Energy Transfer Partners at the DC Circuit in relation to obtaining multiple presidential permits and authorizations under section 3 of the Natural Gas Act from the Federal Energy Regulatory Commission.
  • Represented Anadarko Petroleum Corporation in Anadarko Petroleum Corp. v Houston Cas. Co., an insurance dispute brought before the Texas Supreme Court.
  • Scored a victory for Antero Resources against South Jersey Gas Company and South Jersey Resources in a pricing dispute at the Tenth Circuit involving the companies’ long-term gas purchase agreements.
  • Representing AirTran Airways in a longstanding lawsuit brought by a class alleging that AirTran and Delta conspired to adopt the so-called “first bag fees”.
  • Representing Benjamin Reavis and other plaintiffs in defending a $217m personal injury judgment in the Texas Court of Appeals in Dallas against Toyota Motor Corp. and Toyota Motor Sales.

Weil, Gotshal & Manges LLP

Weil, Gotshal & Manges LLP's appellate group is adept at representing clients before all federal circuit courts of appeals. It is also noted for handling appeals with significant foreign policy implications. Of particular note, department co-head Gregory Silbert (New York) led the appellate effort for the Republic of Hungary and Magyar Államvasutak Zrt. before the Seventh and the DC Circuits; this was followed by a petition to the US Supreme Court to resolve a circuit split relating to the interpretation of the treaty exception contained in the Foreign Sovereign Immunity Act and the exercise of US jurisdiction. The practice group also has a presence in Silicon Valley, focusing on IP appeals at the Federal Circuit. Patent litigator Edward Reines is the key contact in this space.

Practice head(s):

Gregory Silbert; Edward Reines

Other key lawyers:

Adam Banks

Key clients

C&S Wholesale Grocers

Farmers Insurance

AIG

Pandora Media

Getty Images

Willis Towers Watson

Archstone Smith

General Electric

Westinghouse

Sterling Jewelers

Signet Jewelers

Air Methods Corporation

Work highlights

  • Assisted Magyar Államvasutak Zrt. And the Republic of Hungary with submitting a petition for a writ of certiorari to the US Supreme Court, therewith asking the Court to resolve the circuit split between the Seventh Circuit and DC Circuit on whether Foreign Sovereign Immunity Act’s treaty exception precludes U.S. jurisdiction.
  • Successfully acted for Farmers Insurance in In re Auto Body Shop Antitrust Litigation, where the Eleventh Circuit, sitting en banc, affirmed the dismissal with prejudice of federal antitrust claims against the client.
  • Obtained a victory for Archstone in an appeal before the Tenth Circuit forming part of an 11-year-long litigation arising out of Archstone’s $22bn acquisition.
  • Scored a win for Willis Towers Watson in an appeal before the Fifth Circuit, which approved a $120m final settlement by Willis that resolved litigation arising out of the $8bn Ponzi scheme orchestrated by Allen Stanford and his Houston-based Stanford Financial Group.
  • Secured a judgment in favor of AIG in a False Claims Act case at the Second Circuit.

Wiggin and Dana LLP

Headquartered in New Haven, Wiggin and Dana LLP’s stable of appellate lawyers is praised by clients for its ‘in-depth knowledge of the law and appellate procedure’. The team places an emphasis on handling appeals in the state courts of appeals and the supreme courts in Connecticut, Georgia, and California, among others. The department is chaired by Jonathan Freiman, who, in addition to his experience in appellate work, also has niche expertise in disputes involving art and artifacts. Also recommended are Jeffrey Babbin, Aaron Bayer and recently promoted partner Tadhg Dooley.

Practice head(s):

Jonathan Freiman

Other key lawyers:

Jeffrey Babbin; Aaron Bayer; Tadhg Dooley; David Roth

Testimonials

Excellent writers with an in-depth knowledge of the law and appellate procedure

Jeffrey Babbin is very experienced and knowledgeable.

Associate David Roth is very smart, focused, and a clear writer.

Key clients

Doctor’s Associates

United Technologies Corporation

Otis Elevator Company

Federal Republic of Germany

Stiftung Preußischer Kulturbesitz

The Hartford Financial Services Group

The RiverStone Group

Town of East Haven

Wesleyan University

Work highlights

  • Acted for the Federal Republic of Germany and the Stiftung Preußischer Kulturbesitz in petitioning the DC Circuit in relation to a dispute concerning an involuntary sale of a medieval art collection.  
  • Represented The RiverStone Group in the insurance case R.T. Vanderbilt Co. v Hartford Accident & Indemnity Co. et al. before the Connecticut Supreme Court.  
  • Representing several entities from Malta and Bermuda, as well as a UK citizen, in an appeal to the New York Appellate Division arising out of a $156m bond offering for late-stage drug development projects.  
  • Successfully represented the Town of East Haven in Ventura v Town of East Haven at the Connecticut Supreme Court, overturning a high-value negligence verdict against the client.
  • Acted for Doctor’s Associates, Subway’s franchisor, in dispute at the Second Circuit concerning alleged discrimination in denying an applicant’s application to become the owner of a Subway franchise.

Wiley Rein LLP

Wiley Rein LLP’s workload reveals its strength in appellate cases involving election, administrative, and constitutional law issues, among others. The team’s work often involves judgments with implications for entire industries. Indeed, it regularly appears on behalf of trade associations and business organizations in the federal circuit courts of appeals; its recent representation of the United States Telecom Association at the Ninth Circuit being one such example of many. The practice group also regularly acts in conjunction with the firm's election law, telecoms, and insurance teams. Claire Evans chairs the appellate group; Stephen Obermeier is also a key figure.

Practice head(s):

Claire Evans

Other key lawyers:

Stephen Obermeier

Testimonials

The team’s approach is incredibly client-centric. These are highly skilled litigators who truly listen to their clients. They are excellent at communicating, make themselves available at all hours, and clearly presenting all available options.

Key clients

United States Telecom Association

Verizon Wireless

American Bankers Association

American Action Network

Crossroads GPS

Grocery Manufacturers Association

Tokio Marine HCC

Travelers Insurance

CNA

AXA XL

Openet Telecom

Noridian Healthcare Solutions

General Dynamics Information Services

US Chamber of Commerce

National Association of Manufacturers

National Association of Broadcasters

Work highlights

  • Representing the United States Telecom Association at the Ninth Circuit in its defense of new regulations issued by the Federal Communications Commission (FCC), seeking to facilitate broadband deployment by speeding access to utility poles at reasonable rates.
  • Representing Crossroads GPS (as intervenor) before the DC Circuit in Citizens for Responsibility and Ethics in Washington v FEC, a dispute challenging a regulation issued by the Federal Election Commission.
  • Acted for CTIA at the DC and the Ninth Circuits in appeals challenging two FCC orders designed to speed deployment of next-generation wireless infrastructure.
  • Successfully acted for Verizon Wireless in a long-running case at the Second Circuit in which a former subscriber challenged a monthly administrative charge.
  • Acting for SolarWorld Americas in briefing an appeal at the Federal Circuit concerning the relationship between antidumping and countervailing duties.

WilmerHale

WilmerHale houses a sizeable appellate department, which includes 11 practitioners, who, combined, have presented over 140 oral arguments at the US Supreme Court. The group is noted for its 100% success rate in cases handled during the US Supreme Court’s 2018-2019 term. Key figures in the team include former US Solicitor General Seth Waxman and former Assistant to the Solicitor General Paul Wolfson, who share leadership of the practice. The past year is particularly significant for the duo, which scored a win for the petitioner in Franchise Tax Board of California v Hyatt; following a closely watched 28-year-long battle, the US Supreme Court sided with the team, thereby overruling the Nevada v Hall precedent and confirming that states retain their sovereign immunity from private lawsuits brought in other states. Practice vice-chair Danielle Spinelli has considerable experience in appellate issues arising from bankruptcies, most recently persuading the US Supreme Court to side with the petitioner in Mission Product Holdings Inc. v Tempnology, LLC. The team also handles IP-related claims at the Federal Circuit, where Thomas Saunders and Boston-based vice-chair Mark Fleming are names to note.

Practice head(s):

Seth Waxman; Paul Wolfson

Other key lawyers:

Danielle Spinelli; Mark Fleming; Catherine Carroll; Thomas Saunders; Ari Holtzblatt

Key clients

Franchise Tax Board of California

Dutra Group

Mission Product Holdings

Robert McCoy

Apple

Helmerich & Payne International Drilling Company /  Helmerich & Payne de Venezuela, C.A.

Raytheon Co.

Comcast Corporation

The Royal Bank of Scotland Group

PNC Bank

California Table Grape Commission

Astellas US

Work highlights

  • Achieved a 5-4 victory for the petitioner in Franchise Tax Board of California v Hyatt at the US Supreme Court, which confirmed that states retain their sovereign immunity in the context of private suits brought in courts of other states.
  • Scored a win for petitioner The Dutra Group in a punitive damages dispute with respondent Chris Batterton brought before the US Supreme Court.
  • Prevailed in arguing the case for the petitioner in Mission Product Holdings Inc. v Tempnology, LLC, a case in which the US Supreme Court adopted a narrow view of section 365 of the Bankruptcy Code and limited the power of bankrupt parties to a contract to rescind the particular contract in bankruptcy.
  • Secured a victory at the Ninth Circuit, acting for appellee Raytheon Company in United States ex rel. Mateski v Raytheon Co., a case involving alleged violations of the False Claims Act.
  • Obtained a victory in the Federal Circuit for Astellas US and other parties in a patent case arising in relation to the non-small cell lung cancer drug product Tarceva.

Winston & Strawn LLP

Split primarily between the firm's Chicago and DC offices, the appellate team at Winston & Strawn LLP is led by Chicago office managing partner Linda Coberly, and has developed considerable experience representing clients in all federal courts of appeals. Practice vice-chair Steffen Johnson left the partnership to join Wilson Sonsini Goodrich & Rosati in June 2019. New York-based Michael Elkin is a key contact for IP-related appeals.

Practice head(s):

Linda Coberly

Other key lawyers:

Michael Elkin

Williams & Connolly LLP

Williams & Connolly LLP’s appellate group is now under the leadership of Lisa Blatt, whose 40 oral arguments make her the most active female litigator in the history of the US Supreme Court. Among her recent highlights, in the BNSF Railway Company v Loos, the US Supreme Court sided with Blatt and the petitioner in interpreting what constitutes taxable “compensation” under the Railroad Retirement Tax Act. The group is also actively involved in shaping the future of IP law – in the current term, it is involved in two cases before the US Supreme Court tackling IP issues. Interestingly, in arguing the case for the respondent in United States Patent and Trademark Office v Booking.com B.V. (assessing whether an enforceable trademark may be registered by adding a generic top-level domain “.com” to a generic term), Blatt also became the first attorney in the Court’s history to represent a client remotely, in light of the current Covid-19 circumstances. In addition, Amy Saharia has had recent strong showings at the Seventh Circuit, among others; she also has a notable pro bono practice focusing on criminal and asylum issues. In February 2019, Sarah Harris joined the group from the US Department of Justice.

Practice head(s):

Lisa Blatt

Other key lawyers:

Amy Saharia; Sarah Harris

Key clients

BNSF Railway Co.

Danaher Corporation / Henry Schein

McCarthy & Holthus LLP

British Petroleum

Romag Fasteners

The State of Oklahoma

Intel Corporation

Michigan Senate

Helsinn Healthcare, S.A.

Google

E.F. Transit

Liberty Tax

Work highlights

  • Successfully acted for the petitioner in BNSF Railway Company v Loos, a case at the US Supreme Court dealing with an injured employee’s lost time and the interpretation of taxable “compensation” under the Railroad Retirement Tax Act.
  • Successfully filed a petition for certiorari before the US Supreme Court in Atlantic Richfield Co. v Christian, in relation to pollution cleanup costs incurred by Montana landowners.
  • Successfully represented E.F. Transit in an appeal to the Seventh Circuit concerning regulatory approval to transport liquor on behalf of a wholesaler.
  • Filed a successful petition for certiorari before the US Supreme Court in Romag Fasteners, Inc. v Fossil, Inc., examining the “willfulness” requirement on the side of the defendant in the context of trademark infringement proceedings.
  • Acted for BP Exploration & Production in an appeal to the Fifth Circuit in relation to alleged lost earnings of a former NBA player resulting from the Deepwater Horizon oil spill.