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 team members’ ‘skills are superb as are their dedication and commitment to the case’. The group is well versed in a wide range of appeal work at all Circuits as well as the US Supreme Court, including briefing and oral advocacy as well as strategic counseling during the trial stage of high-stakes cases. The practice has considerable strengths in administrative, constitutional, and IP law matters. It maintains a remarkably active Native American law practice, which is a specialist area of expertise for Pratik Shah (‘an extraordinarily talented oral advocate’). Shah draws on a wealth of experience gained in his previous position as former Assistant to the Solicitor General; he took over sole leadership of the practice following the departure of Los Angeles-based Rex Heinke to California Appellate Law Group at the end of 2020. Julius Chen is known for his successful brief drafting track record spanning over 100 filed briefs. Clients praise James Tysse for his ‘superb appellate work’, which often involves employment and administrative law issues.

Practice head(s):

Pratik Shah

Other key lawyers:

James Tysse; Julius Chen; Lide Paterno

Testimonials

‘I have worked with Akin Gump’s appellate and US Supreme Court practice teams on a pro bono case that has gone on for 14 years and been before the Circuit Court three teams and the Supreme Court once, on a cert petition. At each stage, their work has been excellent and they have invested extensive resources into the work. Their skills are superb as are their dedication and commitment to the case.’

‘James Tysee and counsel Lide Paterno provided superb appellate work to our case. They guided our approach to the appeal, invested countless hours in learning the record, composed an excellent briefs, and handled the oral argument extremely well.’

‘Very strong in Native American law in particular; good experience in securities, class actions, IP.’

‘Pratik Shah is an extraordinarily talented oral advocate. He is also an excellent leader of the practice. He has fostered good junior talent, even if some of their promising young lawyers have left for government service.’

‘The group is bicoastal, with top partners on both coasts. It can handle appeals on a wide variety of issues, but has particular expertise in administrative law and Indian law.’

‘Pratik Shah is a top-notch appellate advocate. His briefs are clear and cogent. His oral arguments are, without fail, fluid and intelligent.’

Key clients

Starbucks Corporation

Google, Inc.

McDonald’s

Gila River Indian Community

Coca-Cola

Comcast

FirstEnergy Solutions Corp.

America’s Health Insurance Plans

The Beer Institute

Apollo Management

Ernst & Young LLP

Chamber of Commerce of the United States

Sorenson Holdings / CaptionCall, LLC

Seneca Nation

Inguran

Penobscot Nation

XY, LLC

NFL / NFL Management Council

Allstate Insurance Company

Rand Construction

Alexander Dubose & Jefferson

Following a merger with Geyser P.C. in the summer of 2020, Alexander Dubose & Jefferson now houses appellate veteran Daniel Geyser, whom clients regard as ‘one of the finest appellate lawyers in the country’. Geyser arrived to chair the practice alongside Rachel Ekery and Wallace Jefferson, who formerly served as Chief Justice of the Supreme Court of Texas. The group is certainly a top market player in the appellate space in Texas; it is also recognized for its work in the US Supreme Court, where Geyser has been making waves by presenting arguments in eight cases at their merits stage in the past three terms alone.

Practice head(s):

Daniel Geyser; Wallace Jefferson; Rachel Ekery

Testimonials

‘My dealings with ADJ have all been with Dan Geyser who is new to the firm. He just obtained a dismissal as improvidently granted in the SCOTUS which was a truly remarkable result and testament to his brilliance. I think he is one of the finest appellate lawyers in the country.’

‘Geyser’s intellect and analysis are peerless.’

Key clients

Archer and White Sales, Inc. / McKool Smith, P.C.

City of San Antonio, Texas

Click-to-Call Technologies, LP

North Cypress Medical Center Operating Company, Ltd. / North Cypress Medical Center Operating Company GP, LLC

Work highlights

  • Acted for Archer and White Sales, Inc. in the US Supreme Court case of Henry Schein Inc. v Archer and White Sales Inc involving a significant arbitration question with widespread consequences for businesses nationwide.
  • Acting for Gary Varjabedian and Jerry Mutza in the defense of a private right of action for securities plaintiffs in a mission-critical US Supreme Court case.
  • Representing Dr. Jesse Polansky in litigation involving issues brought under the False Claims Act in a high-stakes whistleblower appeal.

Arnold & Porter

Arnold & Porter is adept at handling complex appeals in the US Supreme Court and state supreme courts, as well as in multiple federal courts of appeal. Department head John Elwood has extensive Supreme Court experience and has presented arguments in nine cases.The group has been on an expansion streak. It bolstered its appellate offering in San Francisco, particularly in terms of constitutional and antitrust law matters, with the hire of senior counsel Kirk Jenkins from Horvitz & Levy LLP in September 2020. A month later in New York, senior counsel Rosalyn Richter joined the firm after having served as Associate Justice in the Appellate Division of the New York Supreme Court for a decade. Denver-based Reeves Anderson is a key contact for litigation involving sovereign clients.

Practice head(s):

John Elwood

Other key lawyers:

Kirk Jenkins; Rosalyn Richter; Reeves Anderson; Allon Kedem; Stanton Jones; Elisabeth Theodore; Anthony Franze; Stephen Wirth; Sally Pei; William Perdue

Key clients

AIG

BP / Atlantic Richfield

Fluor

Samsung

Dunkin’ Brands

Endo

U.S. Chamber of Commerce

State of Israel

State of Georgia

State of Oklahoma

Government of Geneva, Switzerland

Oracle

Work highlights

  • Representing sovereign clients and companies in the US Supreme Court, including cases such as Georgia v PublicResource.org. Inc. and McGirt v Oklahoma.

Bracewell LLP

Although it is based in Houston, Bracewell LLP is among the standout performers not only in appellate proceedings in Texas-based courts, but also in federal appellate courts nationwide. A particular area of focus for the team is litigation in the energy sector; it also frequently acts as counsel in cases at trial stage. Former Chair of the State Bar of Texas Appellate Section Warren Harris chairs the practice, where Yvonne Ho is also a key name to note.

Practice head(s):

Warren Harris

Other key lawyers:

Yvonne Ho

Key clients

KBR, Inc.

Westlake Chemical Corporation

Apache Corporation

Carlton Energy Group, LLC

Prosperity Bancshares, Inc.

Vopak

Weatherford International LLC

Cheniere Energy, Inc.

The Bank of New York Mellon Trust Company

Direct General Insurance Company

Work highlights

  • Acted as lead counsel to Carlton Energy Group in the appeal of a significant business dispute involving breach of and tortious interference with contracts regarding a gas lease.

Covington & Burling LLP

Covington & Burling LLP houses multiple appellate specialists with a wealth of experience in both government and private practice. The team is well equipped to represent clients in cases in federal and state courts of appeals, and in the US Supreme Court. Former Deputy Assistant Attorney General Beth Brinkmann shares leadership of the department with Robert Long, who has argued 18 cases before the US Supreme Court.

Practice head(s):

Beth Brinkmann

Other key lawyers:

Mark Mosier

Cravath, Swaine & Moore LLP

The New York-based litigators at Cravath, Swaine & Moore LLP act on the side of both appellants and appellees, often in cases which have been handled by the firm at trial stage as well. The group’s recent work particularly stands out in the antitrust space, where the trio Antony Ryan, Gary Bornstein and Yonatan Even successfully led a team representing Qualcomm in Federal Trade Commission v Qualcomm Incorporated, a high-profile dispute brought before the Ninth Circuit. The firm is also noted for its use of advanced technology, artificial intelligence software Text IQ, during more demanding e-discovery assignments forming part of high-stakes cases.

Other key lawyers:

Antony Ryan; Gary Bornstein; Yonatan Even

Key clients

Actelion Pharmaceuticals Ltd.

Alarm.com Inc.

American Express Company

Blue Cross and Blue Shield of Florida, Inc.

Boston Red Sox Baseball Club LP

Colgate-Palmolive Company

Goldman Sachs & Co.

NCR Corporation

Nomura International plc

Qualcomm Incorporated

Work highlights

  • Won a defense victory for Qualcomm Incorporated in August 2020, securing a unanimous Ninth Circuit decision that confirmed the lawfulness of Qualcomm’s business model.
  • Representing Goldman Sachs on appeal after winning the dismissal in May 2020 of a breach of contract and fraud action brought against the bank by its former client United Natural Foods, Inc.
  • Representing Blue Cross and Blue Shield of Florida, Inc. on appeal after winning the dismissal of antitrust litigation filed by competitor Oscar Insurance Company of Florida, alleging that Florida Blue’s exclusive agency relationships violate the Sherman Act and related state laws.

Gibson, Dunn & Crutcher LLP

Gibson, Dunn & Crutcher LLP houses a sizeable all-star team of appellate practitioners, each with experience appearing before the US Supreme Court as well as state and federal courts of appeal. The practice stayed true to its reputation for handling complex separation of powers cases before the US Supreme Court; a team led by the highly regarded trio of former US Solicitor General Theodore Olson, Matthew McGill and Helgi Walker acted for Aurelius Investment in Aurelius Investment, LLC v Puerto Rico, a dispute questioning the validity of appointments to the Financial Oversight and Management Board for Puerto Rico, a body vested with oversight powers in the aftermath of Puerto Rico’s debt crisis. Former practice head Theodore Boutrous is a key contact in Los Angeles and has longstanding experience spanning over 100 appeals all over the country. Mark Perry and Allyson Ho (Dallas) jointly sit at the helm of the department. Former Assistant to the Solicitor General Miguel Estrada is also highly regarded, having argued 24 cases before the US Supreme Court.

Practice head(s):

Mark Perry; Allyson Ho

Other key lawyers:

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

Key clients

Dreamers

Comcast

Victims of the 1998 African Embassy Bombings

EMD Serono, Inc. / Pfizer Inc.

Union Pacific Railroad Company

National Association of Broadcasters CTIA / The Wireless Association NCTA / The Internet & Television Association

Nasdaq

Trinity Industries

Crystallex International

International Paper

Goldstein & Russell, P.C.

Goldstein & Russell, P.C. utilizes its notable boutique appellate law expertise in a significant number of cases before the US Supreme Court. The group is based in Bethesda, with Thomas Goldstein and Sarah Harrington being among the key contacts.

Other key lawyers:

Thomas Goldstein; Sarah Harrington

Goodwin

Goodwin’s ‘exceptionally strong’ appellate work encompasses ERISA and regulatory litigation; high-profile client representations in sectors such as financial services, pharmaceuticals, and life sciences; and cases at their certiorari and merits stage brought before the US Supreme Court. In a recent standout appearance before the US Supreme Court, a team led by Brian Burgess assumed pro bono representation for Texas prisoner Gregory Banister and persuaded the Justices to reiterate the distinction between a prisoner’s first and second petition for a writ of habeas corpus; the victory comes with significant implications for the appellate rights of convicts. Moreover, the group does not cease to chart high-profile wins in IP appeals at the Federal Circuit. In this regard, clients single out practice co-head William Jay for being able to ‘address difficult questions from the judges that were not part of the briefing’. Multiple highly regarded appellate specialists are also based in Boston, where Kevin Martin leads a group including David Zimmer and associate Gerard Cedrone.

Practice head(s):

William Jay; Kevin Martin

Other key lawyers:

Brian Burgess; David Zimmer; Jaime Santos; Andrew Kim; Gerard Cedrone

Testimonials

‘Top-notch appellate practice in an efficient and effective team.’

‘Having seen William Jay argue a case on our behalf in front of the Court of Appeal for the Federal Circuit, I was very impressed. Willy was quick on his feet and was able to address difficult questions from the judges that were not part of the briefing, while the opposing counsel fell on his face.

‘David Zimmer is a rising star with much potential.’

‘The firm’s Supreme Court and appellate practice is exceptionally strong. The firm has a great leader in Willy Jay, and real bench strength. The firm has a particularly strong and well-deserved reputation in the IP space.’

‘The firm has broad knowledge and experience enabling it to position cases well for appellate review, and to take complex legal propositions and make them simple and persuasive.’

‘Mike Giannotto is a smart, down-to-earth litigator who grasps the big picture and is adept at achieving very good practical results.’

‘Brian Burgess is a very good thinker and writer with the unique skill of taking complicated controversial topics and making them simple, understandable and logical.’

‘Jaime Santos is an astute and highly engaged lawyer who delved deeply but also efficiently into the legal issues on a high-profile appeal before the Second Circuit. She and her colleague provided the Board with a crystal clear, not overly-technical for non-lawyers, but also very sophisticated analysis of the case and proposed strategy. She then executed the same perfectly. Andrew Kim was the second member of the team and took the initial laboring oar of drafting the brief, which was then fully edited by Jaime such that I can’t say whose writing the final version represented; this is actually a positive outcome since the legal research was comprehensive, the analysis highly original and distinctive in harmonizing and proposing guidance in a messed-up area of the law, and the writing style was vigorous and persuasive. Stellar work.’

Key clients

Association for Accessible Medicines

Braeburn Inc.

Citizens Bank, N.A.

CNA Insurance

Dr. Reddy’s Laboratories

EcoServices, LLC

General Electric

Nevada Gold Mines

Sandoz, Inc.

Teva Pharmaceuticals USA, Inc.

Work highlights

  • Achieved a victory for a Texas prisoner, Gregory Banister, in a pro bono case brought before the US Supreme Court.
  • Achieved a significant victory for Teva Pharmaceuticals USA in a Second Circuit antitrust class action over Boehringer Ingelheim’s stroke prevention drug, Aggrenox®.
  • Defeated a high-profile putative class action brought against Citizens Bank for claims related to the bank’s overdraft fee program.

Greenberg Traurig LLP

Greenberg Traurig LLP’s litigators are ‘very creative thinkers when it comes to case strategy’ and are split across the country; each team member combines substantive law expertise with a core focus on appellate work in the federal court of appeal in their regions. The group’s combined expertise includes areas such as regulatory, IP, environmental, torts, product liability, administrative, and election law, to name a few. The department’s leadership is particularly distinguished; it is spearheaded by former New York State Court of Appeals Judge Carmen Beauchamp Ciparick (New York), former Texas Supreme Court Justice Dale Wainwright (Austin), and the highly experienced Elliot Scherker (Miami).

Practice head(s):

Elliot Scherker; Dale Wainwright; Carmen Beauchamp Ciparick

Other key lawyers:

Jennifer Weddle; Barry Richard; Skip Watson; Dominic Draye; David Weinstein; Kendyl Hanks; Justin Bernstein

Testimonials

‘Very creative thinkers when it comes to case strategy.’

‘Excellent, service-oriented practice. Practitioners with deep experience and credentials, but without arrogance.’

‘Troy Eid has extensive governmental experience on which to base his advice. Tremendous intellect, but matched with sound judgment.’

‘Jennifer Weddle: outstanding legal intellect matched with terrific people skills; broad network of connections.’

‘The appellate team is very good in that they do not need supervision. They develop sound legal arguments and present solid drafts for review in a timely fashion.’

‘Dominic Draye and Matthew Hoxsie are a great team. They are trustworthy and thorough, providing great insight into the legal process.’

‘Their attorneys have a wide variety of experience, making them a one-stop shop for certain matters.’

‘Counsel was very knowledgeable and had a track record of successful outcomes in similar matters.’

Key clients

Becton, Dickinson and Company / C. R. Bard, Inc.

Chalker Energy Partners

Whole Foods Market Group, Inc.

Enterprise Products

McLane Company

EmCare

Children’s Rights

Underwriters Laboratories Inc.

Archer Daniels Midland Company

Sok Kang

Doug Ducey, Governor of Arizona

Florida Power & Light and Gulf Power

Florida State University

Crow Tribe of Indians

Sandoz Inc. / Eon Labs, Inc.

ProjectCBD.com

Jefferies, LLC

Work highlights

  • Successfully represented Becton, Dickinson and Company and C. R. Bard in a case before the Supreme Court of Missouri.
  • Acted as lead appellate counsel to Chalker Energy Partners in defense of favorable summary judgment in an appeal alleging enforceable contract for purchase of oil and gas assets valued at $250m.
  • Scored a victory for Whole Foods Market Group in an appeal at the Second Circuit, achieving the dismissal of a putative consumer class action on summary judgment.

Hogan Lovells US LLP

Hogan Lovells US LLP is known for its regular engagements on high-profile appellate mandates in the US Supreme Court, as well as in federal and state courts of appeal. Former Principal Deputy Solicitor General Neal Katyal shares leadership of the department with the highly regarded Cate Stetson, who recently hit a milestone of 100 arguments at appellate stage. Katyal is a minority appellate star, whose US Supreme Court legacy will include breaking Thurgood Marshall’s record for a number of arguments presented by a minority litigator. The past year saw Katyal take the lead on acting on behalf of the respondents in the closely watched case of Fulton v City of Philadelphia, which raises significant issues relating to religious rights and certification of same-sex couples as foster parents. Jessica Ellsworth’s wide-ranging practice includes multiple representations of clients in the higher education sector. Counsel Mitchell Reich is a rising star in the team.

Practice head(s):

Neal Katyal; Cate Stetson

Other key lawyers:

Jessica Ellsworth; Mitchell Reich

Jenner & Block LLP

Jenner & Block LLP is a regular fixture in high-profile appellate proceedings in the US Supreme Court. Particularly, it stands out for its unsurpassed strength in federal constitutional law appeals and statutory claims. Group co-chair Jessica Ring Amunson is a preferred advisor for election law disputes; her much-in-demand expertise brought her before the US Supreme Court in some of the most high-profile pending cases, such as Brnovich v Democratic National Committee, a voting rights case in which she is representing Arizona Secretary of State Katie Hobbs. In another highlight, SCOTUS sided with a team led by practice co-chair Ian Heath Gershengorn and Lindsay Harrison in Financial Oversight and Management Board for Puerto Rico v Aurelius Investment, LLC, et al., in which the firm represented The Official Committee of Retired Employees in the Court’s quest to determine the constitutionality of the Board. Adam Unikowsky remains a key attorney for Supreme Court work, having recently acted in patent law matters. Further, the group has outstanding experience in the federal courts of appeal as well. Department co-chair Matthew Hellman successfully presented arguments on behalf of former Chipotle worker Carmen Alvarez and her attorneys in Chipotle Mexican Grill, Inc. v Alvarez, where the Fifth Circuit confirmed that a lower court did not enjoy personal jurisdiction over the clients and could not hold them in contempt for filing a lawsuit citing the US Department of Labor’s overtime rule. Notably, the Chicago-based group also brings significant appellate firepower due to the expertise of practice co-chair Michael Brody, whose recent work stands out at the Seventh Circuit, where he handled an IP appeal for Epic Systems Corp.

Practice head(s):

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

Other key lawyers:

Lindsay Harrison; Adam Unikowsky; Matthew Price; Ishan Bhabha

Key clients

Microsoft Corporation

Princeton University

University of Illinois at Urbana-Champaign

The Official Committee of Retired Employees of Puerto Rico

General Dynamics Corporation

Charter Communications, Inc.

Recording Industry Association of America

DKT Liberty Project

Knight First Amendment Institute

Epic Systems Corp.

Work highlights

  • Successfully acted for Jimcy McGirt in a US Supreme Court case relating to the client’s commission of a crime within the historic boundaries of the Muscogee (Creek) Nation’s reservation.
  • Successfully represented Microsoft Corporation, Princeton University, and an individual DACA recipient, in a Supreme Court case concerning the Trump Administration’s bid to put an end the Deferred Action for Childhood Arrivals.
  • Delivered a victory for The Official Committee of Retired Employees of Puerto Rico in the US Supreme Court’s case concerning the constitutionality of the Financial Oversight and Management Board.

Jones Day

Jones Day’s team stands out for its well-rounded appellate experience, spanning everything from brief drafting to presenting arguments in some of the most widely reported cases in federal courts of appeal and supreme courts nationwide. The group’s unsurpassed excellence in politically loaded cases manifested itself in a recent win at the US Supreme Court, where Yaakov Roth scored a judgment overturning the conviction of Bridget Anne Kelly, former aide to the Governor of New Jersey, in Kelly v United States; the case was brought in the aftermath of the high-profile “Bridgegate” scandal involving federal property fraud. The team is also known for its work on appeals seeking to challenge state and federal regulations on constitutional and statutory grounds; appellate veteran Michael Carvin acted as lead counsel and argued for the petitioners in the currently pending Brnovich v Democratic National Committee case involving a challenge to Arizona’s voting provisions. Of counsel Beth Heifetz heads up the department, where of counsel Glen Nager and recently promoted partner Jeffrey Johnson are also key figures. In November 2020, Shay Dvoretzky departed to lead the appellate department at Skadden, Arps, Slate, Meagher & Flom LLP. Following his service as the 47th US Solicitor General, Noel Francisco returned to the firm in July 2020; he now serves as the partner-in-charge of the office in Washington DC.

Practice head(s):

Beth Heifetz

Other key lawyers:

Yaakov Roth; Michael Carvin; Glen Nager; Noel Francisco; Meir Feder

Key clients

Chevron Corporation

Citigroup Inc.

Experian Information Solutions, Inc.

General Electric Company

Lowe’s Home Centers, LLC

Merck Sharp & Dohme Corp.

R. J. Reynolds Tobacco Company

Work highlights

  • Successfully represented Bridget Anne Kelly and obtained a unanimous Supreme Court victory in an important criminal law case arising out of the “Bridgegate” scandal.
  • Successfully represented Chevron Corporation in an appeal before the Ninth Circuit involving the Anti-Terrorism Act and Alien Tort Statute.
  • Successfully represented Metz Culinary Management, Inc. and avoided a Supreme Court review of a significant Second Circuit victory on an ERISA issue.

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

Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. has notable capabilities in a full range of matters involving the US Supreme Court and multiple courts of appeals. This is partially reflective of the longstanding experience of David Frederick who has presented arguments in 55 SCOTUS cases.

Other key lawyers:

David Frederick; Aaron Panner; Scott Angstreich

King & Spalding LLP

King & Spalding LLP is well versed in appellate work at numerous federal and state courts of appeal, as well as in the US Supreme Court. The group’s recent workload testifies to its notable ability to handle IP appeals at the Federal Circuit. Practice co-heads Jeffrey Bucholtz and Ashley Parrish are also widely recognized for their representation of life sciences and pharmaceutical companies in administrative law cases and investigations. In addition, the team is adept at handling substantive law matters in areas such as energy, environmental law, healthcare, torts and product liability, among others. The firm has also been expanding its presence in California, with former Acting Assistant Attorney General Ethan Davis returning to the San Francisco office in October 2020.

Practice head(s):

Jeffrey Bucholtz; Ashley Parrish

Other key lawyers:

Anne Voigts

Key clients

Ipsen Biopharmaceuticals, Inc.

American Clinical Laboratory Association

Chevron Corporation

R.J. Reynolds Tobacco Co.

Bristol-Myers Squibb

Benefytt Technologies

Federal Reserve Banks

Equifax

Huntington Ingalls Industries, Inc.

Delta

Walmart

James Shaw

IControl Systems

Allergan

U.S. Chamber of Commerce

Work highlights

  • Represented Health Insurance Innovations in relation to a Rule 23(f) petition with the Ninth Circuit.
  • Representing the Federal Reserve Banks in a Federal Circuit challenge to a patent owned by Bozeman Financial.
  • Successfully represented Google in an appeal before the DC Circuit relating to a decision by the Copyright Royalty Board setting rates that the music publishing industry receives for on-demand music streaming.

Kirkland & Ellis LLP

In the words of a satisfied client, Kirkland & Ellis LLP houses ‘a great bench of lawyers’ who are ‘experts at brief writing as well as at appellate argument and everything in between’; this praise was echoed in conversations with all peers. Certainly, the team provides a full range of appellate law services, including strategic counseling and constitutional litigation, but it is particularly renowned for its work in the US Supreme Court. In this space, the ‘deep experience’ of former Solicitor General Paul Clement certainly stands out, with his track record of arguments in over 100 high-profile Supreme Court cases. Of recent note, Clement led a team including the well-known Erin Murphy on defeating the government and scoring a decisive 8-1 victory, convincing the US Supreme Court to reverse a lower federal court’s ruling and side with the petitioner in Moda Health Plan, Inc. v United States, a case raising questions regarding the interpretation of the Affordable Care Act. The department is equally efficient in the lower state and federal courts; it prides itself on having scored over 70 wins all over the country. Clients single out John O’Quinn (‘excellent at argument’) and William Burgess (‘a phenomenal brief writer’), a highly successful duo known for their IP litigation work at the Federal Circuit. George Hicks achieved a victory at the Fifth Circuit, where he argued for Westmoreland Coal Company in a case concerning healthcare obligations under the federal Coal Act. Apart from its distinguished presence in Washington DC, the firm also has notable appellate firepower in New York, where Jay Lefkowitz specializes in areas including corporate and product liability litigation.

Other key lawyers:

Paul Clement; Erin Murphy; George Hicks; John O’Quinn; William Burgess; Jay Lefkowitz

Testimonials

‘The appellate team at K&E has a great bench of lawyers that have a wealth of knowledge and experience at all levels of the federal courts.  They have lawyers that are experts at brief writing as well as at appellate argument and everything in between.  They have intimate knowledge of the workings of the courts and the preferences and personalities of the judges.’

‘The Kirkland & Ellis appellate team has truly great expertise in US Supreme Court practice (such as through Paul Clement and Erin Murphy). They are incredible brief writers and bring value to the team throughout the matter, even before it is on appeal.’ 

‘In this practice, the people are the key. They are exceptionally talented. They also work collaboratively with the client.’

‘John O’Quinn and William Burgess were an excellent team. William is a phenomenal brief writer and John is excellent at argument.’

‘Paul Clement’s deep experience with the US Supreme Court (in terms of arguing more cases than others) brings a real competitive advantage.’ 

‘Erin Murphy has developed her expertise through her US Supreme Court clerkship and oral argument experience before the Court.’

‘They hire and train really excellent lawyers and I highly value their expertise.’

Key clients

DirecTV

Dominion Energy

IBM

Facebook

LS Power

Moda Health Health Plan LLC

Office of the Commissioner of Major League Baseball

PennEast Pipeline Co.

TransUnion

Walmart

Work highlights

  • Obtained a high-profile US Supreme Court victory for Moda Health Plan against the federal government due to the government’s refusal pay $12bn in payments promised to insurers under “risk corridor” program of the Affordable Care Act.
  • Obtained a significant US Supreme Court win for Atlantic Coast Pipeline, with the Court’s judgment ensuring that the Trail cannot serve as a barrier to transporting resources via pipeline to the populous eastern seaboard.
  • Successfully represented Lucky Brand LLC in a Lanham Act case in the US Supreme Court rejecting the novel “defense preclusion” test.

Latham & Watkins LLP

Clients instruct Latham & Watkins LLP’s team due to its ‘exceptional appellate expertise and service’. It handles a full scope of appellate issues at any procedural stage, including successful arguments, brief writing, and multiple successful filings and oppositions to certiorari petitions. The practice is noted for its litigation strategy analysis work at the pre-appeal phase. It handles high-stakes mandates in the trial courts and in regulatory agency proceedings and in doing so, it routinely collaborates with the firm’s trial teams in substantive areas of the law, most recently in relation to securities and tort law claims. Global appellate group lead Gregory Garre is a market-leading practitioner and former 44th Solicitor General; he is known for his standout track record in the US Supreme Court, where he has presented arguments in 45 cases. Reflective of Garre’s excellent advocacy skills, the team has become a part of an interesting trend over the past years; an increase in 5-4 voting and swing voting in the US Supreme Court. The group’s SCOTUS work can also be trend-reversing; Roman Martinez took the lead on striking a win for the plaintiff in Babb v Wilkie, achieving a 8-1 judgment with significant implications for age discrimination claims standing in contrast to the Court’s consistently stringent approach to the "but for" causation test in cases involving federal employment legislation. Having formerly served as Assistant to the Solicitor General, Martinez (‘a nationally recognized appellate attorney of exceptional talent’) re-joined the group in 2017 and has been growing his US Supreme Court practice ever since. The firm also houses another highly regarded former Assistant to the Solicitor General in Melissa Arbus Sherry, who is recommended for her ‘terrific oral advocate style and the ability to take quick, sound, sophisticated decisions’. Further, the team’s high-profile appearances before lower courts of appeal are equally impressive; Richard Bress successfully led the appellate efforts for Merck, Eli Lilly, and Amgen in a DC Circuit case noted for its significance in the area of drug pricing.

Practice head(s):

Gregory Garre

Other key lawyers:

Melissa Arbus Sherry; Roman Martinez; Richard Bress; Michael Bern

Testimonials

‘We are a civil rights organization and retained Latham & Watkins LLP to work with us and co-counsel on two highly significant cases pertaining to the US Census. As one of the oldest civil rights legal organizations in the country, we typically rely on pro bono counsel to work with us in such cases. We have never seen work of a higher quality, done under such extreme time pressures, at all levels of court as was done by Latham in the census cases. They provided two large teams (not fully overlapping, except at the highest partner level) to each case. The most senior partners were fully engaged throughout the cases, which saw arguments before a three-judge district court panel and the Ninth Circuit twice. We typically wind up doing a lot of editing on important briefs done by pro bono counsel. Not so with Latham.’

‘Melissa Sherry was the primary oral advocate in one of the cases at both the trial and appellate level and Rick Bress at the other at the appellate level. Melissa showed a mastery of a complex and extremely large factual record, combined with a terrific oral advocate style and the ability to take quick, sound, sophisticated decisions on the spot in response to questions from the Court. Rick is a superb draftsperson with an excellent advocacy style that is at once authoritative and down-to-earth, a truly wonderful oral advocate.’

‘Latham and Watkins has provided pro bono representation to our organization on several matters related to veterans’ law. Latham has provided exceptional appellate expertise and service, and recently won a very important case for us at the Federal Circuit. I can state without reservation that they are the best firm with which we have partnered.’

‘Roman Martinez is the lead partner working with us, and he is a nationally recognized appellate attorney of exceptional talent. We value his and his teams’ collaboration with us, attention to detail, and excellent communication. We have three active matters the firm is assisting us with on a pro bono basis, and they have been extremely generous with their time and talent. Other individuals in the firm who have provided excellent value service include Michael Bern, Blake Stafford, Shannon Grammel, Barrett Tenbarge, and Genevieve Hoffman.’

‘Excellent advocacy skills. Extremely responsive. Great thinkers.’

‘It is truly a pleasure to follow Greg Garre’s appellate work, he is highly experienced to a level only a very few litigators can achieve.’

‘Roman Martinez is an excellent lawyer. He is a great strategic thinker. He is not afraid to push back on client direction, but does so very thoughtfully and professionally.’

Key clients

American Beverage Association

Amgen

Avangrid

Douglas Hodge

Dow Chemical

DXC Technology

Eagle Pharmaceuticals

Eaton Corporation plc

Eli Lilly

FMC Corporation

General Electric

The Home Depot

Huntington Ingalls Industries

Imerys Talc America

Ligand Pharmaceuticals

Merck

National Organization of Veterans Advocates

Navistar

Newmont Mining

Noris Babb

Puma Biotechnology, Inc.

Robert Martin

Southern Poverty Law Center

Work highlights

  • Secured a significant victory in Babb v Wilkie, a case regarding the proper scope of the Age Discrimination in Employment Act.
  • Secured a significant win for Oracle Corporation in long-running litigation concerning interference with the client’s server-support business and theft of its intellectual property.
  • Successfully represented Merck, Eli Lilly, and Amgen in a case before the DC Circuit, defeating one of the Trump Administration’s most ambitious regulatory actions in the area of drug pricing.

Mayer Brown

The appellate lawyers at Mayer Brown are viewed by clients as ‘the best of the best’; they also ‘listen to clients and take their needs seriously’, while also ‘making the effort to develop a holistic view of the business of the client’. The team has extensive experience in the US Supreme Court, all federal courts of appeal, and numerous courts of appeal at state level. The group includes over 40 appellate specialists and is primarily split between New York and Washington DC, but also has appellate presence in Chicago where Michael Scodro is recommended. Data privacy specialist Lauren Goldman (New York) shares leadership of the group with the Washington DC-based star duo Andrew Pincus and Nicole Saharsky. Pincus is among the best appellate litigators in the country, having recently persuaded the US Supreme Court to grant a review to Cargill in a case involving interpretation of the Alien Tort Statute. A former Assistant to the Solicitor General, Saharsky has 30 US Supreme Court arguments under her belt; she is currently advising players of the US Women’s soccer team on their options to appeal an unfavorable equal pay judgment issued by a district court. Evan Tager has ‘a jeweler’s eye for legal issues’; he has long been recognized by the market as one of the best brief writers in the country.

Practice head(s):

Lauren Goldman; Andrew Pincus; Nicole Saharsky

Other key lawyers:

Evan Tager; Michael Scodro; Carmen Longoria-Green

Testimonials

‘It is sometimes said that appellate practitioners are lawyers’ lawyers—the people to whom other lawyers turn for expert help. If that’s true, then the people in Mayer Brown’s Supreme Court and appellate practice are the lawyers’ lawyers’ lawyers—the best of the best. They are the people to whom other Supreme Court and appellate lawyers turn for expert help. What is more, the firm culture is about collaboration and client service. These folks care about the quality of the work, full stop. And they listen to clients and take their needs seriously. If you’re lucky enough to have the Mayer Brown’s appellate practice help you, you know that you’re getting the best legal work there is, from people who are also a pleasure to work with.’

‘Lawyers that are renowned expert appellate practitioners; deep experience; the firm has been counsel on numerous precedent-setting cases.’

‘The appellate team (particularly Mike Scodro and Britt Miller) have made a point of understanding the dynamics of our underlying business and the relationship of those dynamics to the appellate arguments made. It’s expected that a high-performing appellate team will have mastery of the record, but that record doesn’t fully reflect what drives the business. Making the effort to develop a holistic view of the business of the client sets this team apart.’

‘My personal favorites at Mayer Brown are Charles Rothfeld and Evan Tager. Charles not only has a piercing intellect but also understands the Supreme Court, the Justices, and what interests them as well as or better than anyone, anywhere. And Evan is perhaps the best writer of appellate briefs in the country. Samuel Taylor Coleridge said that poetry is the best words in their best order; Evan’s briefs are poetry. Plus, it’s been said that Evan has a jeweler’s eye for legal issues, and that is correct: he sees things that no one else does, and communicates them to courts as no one else can. And both Evan and Charles are absolute pleasures to work with, because, true to the culture of Mayer Brown’s appellate practice, there’s no ego to them. What drives them is the commitment to produce the best work absolutely all the time. And they do.’

‘Andy Pincus, Dan Himmelfarb, and Tim Bishop are all world-class Supreme Court lawyers. Miriam Nemetz and Brian Netter are fantastic as well.’

‘Associate Carmen Longoria-Green is extraordinarily smart, thoughtful, and strategic; and her briefs are truly spectacular.’

‘Lawyers that are renowned expert appellate practitioners; deep experience; the firm has been counsel on numerous precedent-setting cases. Trustworthy and pragmatic. Superlative work quality. Andrew Pincus and John Nadolenco stand out in this regard.’

‘Britt Miller is exceedingly capable across the board, but she has impressed me in two ways that stand out: she has an exceptional ability to coordinate a large team working on complex tasks in tight timelines, and she has a head for business strategy and understands how the legal issues and legal strategy intersect with where we want to take the business.’

‘Mike Scodro has struck me with his mastery of appellate strategy and the ability to select the right arguments to focus on and then articulate them concisely and persuasively.’

Key clients

3M

AT&T

Cargill

Facebook

Google

Nestlé

Shutterfly

Spotify

The Bank of New York Mellon

US Chamber of Commerce

Work highlights

  • Representing Cargill in the US Supreme Court in a case concerning the Alien Tort Statute, an 18th-century law that allows foreigners to bring lawsuits in US courts for serious violations of international human rights law.
  • Representing the US Women’s National Soccer Team in a high-profile gender discrimination case.
  • Represented Spotify in an appeal of a November 2018 decision by the Copyright Royalty Board that set the rates which streaming services pay to composers of musical works for the period from 2018 to 2022.

McDermott Will & Emery LLP

In the two years since its launch in 2019, McDermott Will & Emery LLP has been growing its presence in multiple federal courts of appeal. In a recent high-profile victory at the Eight Circuit, the team represented the Pharmaceutical Care Management Association in an ERISA case which is currently being considered by the US Supreme Court. The practice has a strong record at the SCOTUS as well; it scored a recent victory on behalf of the petitioner in Nasrallah v Barr, a case centering around interpretation of the interaction between the Immigration and Nationality Act, and the International Convention Against Torture. Department co-heads Paul Hughes and Michael Kimberly are both highly recommended by peers and clients alike, which praise them for their ‘unique team dynamic that plays off each of their strengths’.

Practice head(s):

Paul Hughes; Michael Kimberly

Other key lawyers:

Andrew Lyons-Berg; Sarah Hogarth

Testimonials

‘McDermott Will & Emery has been an excellent law firm for many years, but the addition of Paul Hughes and Michael Kimberly vaulted them into the top echelons of appellate practice practically overnight. In-house counsel should be able to take for granted that most top appellate practices are run by brilliant lawyers. That is simply table stakes. But Paul and Michael have unique qualities that set them apart even in this hyper-competitive space.’

‘Paul Hughes – it is not a stretch to picture Paul as a future Solicitor General. He possesses legal skills in spades, but also demonstrates a surprisingly high policy awareness that sets him apart in Washington.’

‘Michael Kimberly. When hiring a firm to engage in a set of APA cases, I joined a small panel of senior in-house counsel to interview a dozen or so top-notch specialty practices in that particular area of law. Although Michael has plenty of experience in APA cases, you wouldn’t necessarily expect someone with a more general appellate practice to be as deep on the niche issues in this area of law. But even an experienced subject matter specialist barely stands a chance against someone who really cares and invests himself as much as Michael.’

‘Experienced and knowledgeable. Supreme Court practice is a different creature. Paul Hughes in particular is a seasoned SCOTUS advocate, intellectually impressive and skilled advocate.’

‘Paul Hughes is wise. A skilled SCOTUS practitioner, I would go to him again if I wanted to take something to our nation’s highest court.’

‘Michael Kimberly gives you the attention he would if you were his only client. On top of his responsiveness, he is a wildly intelligent and strategic thinker. He is also known in amongst my industry peers for his brilliant writing.’

‘Incomparable expertise on administrative law matters, including immigration regulations.’

‘Paul Hughes is exceptionally professional, effective, and easy to work with.’

‘I have been very impressed by Andrew Lyons-Berg’s ability to apply big-picture thinking to his research and writing. He seems to instinctively understand how to research into odd corners of the law to find compelling support for his position, and he has a sophisticated view on how the executive branch operates. He is someone to watch closely.’

‘Sarah Hogarth has a natural confidence that gives her the ability to connect with clients and manage to both listen and be heard. Her group clearly trusts her to take on an important role in a case, but she obviously recognizes that sometimes even tasks that look small actually require a deft touch to secure a client’s trust.’

‘Mr. Hughes offered a way for us to take action against unjust policies. To me, he is a hero. He was exemplary and took time to teach us aspects of the relevant law. McDermott Will & Emery has a marvelous sense of collaboration and teamwork among partners. Mr. Hughes often referred to his collaboration with partner Michael B. Kimberly as offering pivotal, behind-the-scenes advice on how to frame the case and argue it.’

Key clients

Surgery Partners

Microsoft Corporation

The Walt Disney Company

The Chamber of Commerce of the United States of America

The National Association of Manufacturers

The National Retail Federation

Healthcare Distribution Alliance

Pharmaceutical Care Management Association

Infrassure Ltd.

Banner Health

Texas Brine Company

Google

Calpine Corporation

Electric Power Supply Association

Vanda Pharmaceuticals

Work highlights

  • Secured a 7-2 victory for Nidal Nasrallah in a US Supreme Court concerning the appealability of deportation orders to the federal appellate courts.
  • Acted on behalf of a coalition representing a broad cross-section of the Nation’s economy, including The National Association of Manufacturers, and secured a preliminary injunction barring the enforcement of Presidential Proclamation 10052;  currently defending the win before the Ninth Circuit.
  • Successfully represented the Pharmaceutical Care Management Association before the Eight Circuit in a case concerning ERISA and Medicare preemption.

MoloLamken LLP

The ‘incredibly smart and talented’ appellate practitioners at MoloLamken LLP bring ‘the ideal combination of brilliance and humility’. The firm runs a formidable appellate practice in the US Supreme Court and federal courts of appeal. It is a top destination for proceedings involving patent law, telecoms, energy regulation, and sovereign immunity issues. Michael Pattillo is ‘a genius on writing briefs’ whose practice also places a special emphasis on Federal Circuit work; his notable experience also includes authoring multiple US Supreme Court briefs as well as presenting arguments in federal and state courts of appeal all over the country. ‘Real clutch playerJeffrey Lamken chairs the practice and commands longstanding respect in the appellate arena with his 24 arguments before the US Supreme Court. Similarly to Pattillo, Lamken has emerged as one of the most successful attorneys in patent cases at the Federal Circuit; he also recently presented arguments on behalf of Arthrex in Arthrex Inc. v Smith & Nephew Inc., a case in which the US Supreme Court seeks to examine the constitutional status as potentially ‘principal officers’ of US Patent and Trademark Office’s administrative patent judges. Robert Kry is a go-to advisor for sovereign immunity mandates; he is leading the appellate effort for Moldovagaz in a high-stakes Second Circuit appeal concerning the enforcement of an arbitral award in the oil and gas industry.

Practice head(s):

Jeffrey Lamken

Other key lawyers:

Michael Pattillo; Robert Kry; James Barta; Lucas Walker; Sarah Newman; Rayiner Hashem

Testimonials

‘I think of the MoloLamken team as the ideal combination of brilliance and humility. I love working with the MoloLamken team. They are incredibly smart and talented. Their ability to dive into a complicated matter with an open, unassuming mind and do the hard work to get up to speed is the best I have seen.’

‘Jeff Lamken has standout levels of sincerity and humility about him that make him so easy to listen to and trust.’

‘James Barta works very hard and is able to wrap his head around very complicated issues and address them in writing in ways that provide great value and results for clients.’

‘Very individual approach. An ability to bring excellent resources to bear on the problem – outside consultation with appropriate experts in technical areas.’

‘Jeff Lamken is an excellent litigator. He is both a great team leader, and most importantly, excellent in front of the judge. A real clutch player.’

‘Mike Pattillo is a genius on writing briefs. Besides his unique talent for the task, he makes sure he has a deep understanding of the underlying matters (in my case, it was a highly technical software IP case). His briefs are winners, especially when argued with Jeff Lamken.’

Key clients

AMG Capital Management, LLC

Arthrex, Inc.

Bank Markazi

VirnetX Inc.

Rovi Corp.

Amgen Inc.

HUB International Limited / HUB International Midwest Limited

Merck Sharp & Dohme Corp.

Telefonaktiebolaget LM Ericsson, Ericsson Inc.

Continental Circuits LLC

Moldovagaz

Work highlights

  • Representing AMG Capital Management and related entities in a Supreme Court case seeking to overturn $1.27bn verdict.
  • Represent Arthrex in three Supreme Court cases arising out of the Federal Circuit’s decision holding that the Patent Office’s Administrative Patent Judges are appointed in violation of the Constitution’s Appointments Clause.
  • Acted for VirnetX Inc. as lead appellate counsel in defending two judgments won against Apple Inc. in patent-infringement lawsuits.

Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP’s appellate team regularly appears before all federal and multiple state courts of appeal. In addition, practice chair David Salmons draws on his wealth of experience gained as former Assistant Solicitor General to represent clients in the US Supreme Court, where he has argued 14 cases up to date. The group is particularly adept at handling appellate matters for technology sector clients of the caliber of Cisco Systems and Amazon. Multiple team members, including San Francisco-based Thomas Peterson and Houston-based William Peterson, are routinely retained for patent appeals at the Federal Circuit.

Practice head(s):

David Salmons

Other key lawyers:

Thomas Peterson; William Peterson; Bryan Killian; Michael Kenneally

Key clients

Shell International Trading and Shipping Co. Ltd.

Southern California Gas Company

Children’s Hospital Association of Texas

Amazon, Inc.

Jackson National Life Insurance Co.

Alfred E. Mann Foundation

East Ramapo Central School District

Cisco Systems

Work highlights

  • Represented Amazon in multiple appeals, two of which involve the Federal Arbitration Act and the status of Amazon Flex drivers.
  • Acted for Children’s Hospital Association of Texas and others in a challenge to a 2017 HHS regulation that changed the formula by which “disproportionate share” or DSH payments must be made to hospitals under Medicaid.
  • Represented large technology companies, such as Cisco Systems, in filing an amicus brief supporting Supreme Court review of a significant administrative law and tax case arising out of the Ninth Circuit’s decision in Altera Corp. v Commissioner.

Morrison & Foerster LLP

Described as ‘effective, engaged, and practical’, Morrison & Foerster LLP’s stable of appellate litigators is known for its astute handling of claims brought before numerous federal courts of appeal across the country. The department is spearheaded by Deanne Maynard and Joseph Palmore, with both being regarded as ‘a superb team for appellate matters’. Maynard is noted for her top performance in the Federal Circuit, as is Brian Matsui; this IP litigation excellence recently manifested itself in her presentation of winning arguments for Nevro Corp. in a high-stakes patent infringement dispute with Boston Scientific Corporation. The firm has a significant appellate strength on the West Coast; recently promoted partner James Sigel (San Francisco) places an emphasis on work in the Ninth Circuit and is also praised by clients for his brief writing skills. Just as importantly, the team is among the key players in the US Supreme Court, where a team led by Palmore and briefed by Sigel prevailed on behalf of the respondent in the employee-benefits case of Thole v U.S. Bank, N.A.

Practice head(s):

Deanne Maynard; Joseph Palmore

Other key lawyers:

Brian Matsui; James Sigel; Seth Lloyd; Lena Hughes

Testimonials

‘I have been impressed by MoFo’s efficiency and its competent junior lawyers. The appellate practice is small, but effective, engaged, and practical.’

‘Deanne Maynard and Joe Palmore are a superb team for appellate matters. And James Siegel is a true rising star in their San Francisco office.’

‘I recently hired Joe Palmore and James Sigel to handle a US Supreme Court argument for us and were very impressed with both of them.’

‘I have worked extensively with Brian Matsui and Seth Lloyd, both of whom are excellent thought-partners who are efficient, provide practical solutions, and have a collaborative mindset. I relish the opportunity to work with either of them again.’

‘James Siegel argued a Ninth Circuit appeal for us extremely well. He was one of four advocates, and the panel clearly thought that he was the best as they kept him up and asked him questions that went beyond the scope of our participation as an amicus.  He’s also done very well-written briefs for us, he always does a great job of keeping us up to speed on developments as they happen, and he’s a pleasure to work with.’

‘Joe Palmore and Deanne Maynard are well known. Deanne continues to excel at patent appeals in particular, and she and Joe are great at any appeals. Very knowledgeable with a great sense of strategy. Joe deserves a lot of credit for winning his ERISA case in the Supreme Court last year, as that was a very uphill battle for his side.’

‘James Sigel was able to come up with a very sophisticated argument strategy that I firmly believe won the day for us.’

‘Joe Palmore executed the argument flawlessly and the Court mirrored the language he thoughtfully chose in its ultimate order.’

Key clients

Directors of CIG Wireless, Inc.

Daiwa House

Gregory A. Christian et al.

Mallinckrodt Pharmaceutical

National Abortion Federation

Netlist, Inc.

Nevro Corp.

New York State Citizen’s Coalition for Children

Official Committee of Unsecured Creditors of Peabody Energy

Pacific MSO, LLC and Prelude Fertility, Inc.

Washington University

Work highlights

  • Represented U.S. Bank before the US Supreme Court in the case of Thole v U.S. Bank, winning in a 5-4 decision.
  • Acted for a group of Montana property owners in the US Supreme Court of ARCO v Christian, which presented important questions about the interplay between state common-law trespass actions for property contamination and the federal Comprehensive Environmental Response, Compensation, and Liability Act.
  • Scored a victory for Nevro Corp. in a patent case at the Federal Circuit.

Munger, Tolles & Olson

Munger, Tolles & Olson specializes in high-stakes cases at all levels of the federal appellate court system. Donald Verrilli is among the country’s Supreme Court veterans and draws on years of enviable experience gained while serving as former Solicitor General as well as Deputy Counsel to President Obama. Elaine Goldenberg is also a key team member with strong DOJ background. Benjamin Horwich in San Francisco is a go-to advisor for clients seeking assistance with regulatory, competition, and class action proceedings.

Other key lawyers:

Donald Verrilli; Elaine Goldenberg; Benjamin Horwich

O'Melveny & Myers LLP

The recent caseload of O'Melveny & Myers LLP reveals its appetite for high-profile work at the US Supreme Court, with multiple oral arguments and briefings in seven cases during the past year. In this space, the ‘extremely skilled and experienced’ group certainly benefits from the notable credentials of former Solicitor General Walter Dellinger as well as former Deputy Solicitor General Michael Dreeben. Special counsel Jeffrey Fisher argued on behalf of two nonprofit groups as respondents in one of the most closely watched SCOTUS cases during the 2020 term – Fulton v City of Philadelphia, a pending non-discrimination case involving religious rights and foster parent certification of same-sex couples. Jonathan Hacker (‘an amazing strategic thinker, writer and oral advocate’) sits at the helm of department, which is also well placed to handle cases in multiple federal and state courts of appeal. Clients single out New York-based Anton Metlitsky; his recent practice stands out in the Third Circuit, where his arguments presented on behalf of American Airlines convinced the Court to strike down a class certification order in favor of American airport employees.

Practice head(s):

Jonathan Hacker

Other key lawyers:

Walter Dellinger; Michael Dreeben; Jeffrey Fisher; Anton Metlitsky

Testimonials

‘Jon Hacker is incredible. He leads the group, provides great client service, is an amazing strategic thinker, writer and oral advocate. Appellate advocacy is an art, and he is the best.’

‘An up-and-coming partner, Anton Metlitsky, is a great person, great advocate.’ 

‘The bench is deep, with a great group of associates supporting the senior leaders.’

‘Anton Metlitsky is simply the best – a tremendous writer, quick on his feet and persuasive in oral argument, and just a pleasure to work with.  He doesn’t boast of his own accomplishments, but they speak for themselves, and we look to hire him on any significant appeal.’

‘O’Melveny has a tremendous appellate department. Anton Metlitsky is our go-to appellate lawyer, but we’ve worked with others on the team, and it’s just a highly talented group.’

‘This is an extremely skilled and experienced group.  They have a number of former SCOTUS law clerks, and the work product is always top-notch.’

Key clients

Chubb Group

American Airlines, Inc.

Ocwen Loan Servicing Company

The Center for Reproductive Rights

Allied World Assurance Company Holdings, Ltd.

Bank of America

Endo International

Kesha

Fox Group

NBCUniversal Media, LLC

Work highlights

  • Acting as co-counsel with the Center for Reproductive Rights in a US Supreme Court case, successfully challenged the constitutionality of a Louisiana law requiring any doctor who performs abortions to have admitting privileges at a nearby hospital.
  • Obtained a dismissal for Fox Group of a copyright lawsuit over the hit drama “Empire” on its second trip to the Ninth Circuit.
  • Achieved a victory for American Airlines at the Third Circuit, which reversed a class certification order and required the decertification of three wage and hour subclasses of American employees based at Newark Liberty International Airport.

Orrick, Herrington & Sutcliffe LLP

The ‘exceptional’ litigators at Orrick, Herrington & Sutcliffe LLP ‘clearly know the ins and outs of patent appellate litigation’; indeed, the practice has excellent depth in IP matters at the Federal Circuit. In one standout highlight of many, a team led by Joshua Rosenkranz, including Brian Goldman and Eric Shumsky (‘clear communicator, collaborator and strategist’), racked up a Federal Circuit victory for Gilead Sciences leading to the invalidation of a $2.54bn verdict, the biggest patent judgment to date. Elsewhere, building upon the firm’s prior success for Synopsys at district court level, a team led by the highly experienced Robert Loeb is acting for the client in an appeal at the Ninth Circuit seeking to establish whether the Department of Labor should comply with a request to disclose federal contractors’ annual employee demographic reports. Further, the group’s appellate attorneys are equally well versed in proceedings before the US Supreme Court; their recent work has been making headlines in light of the country’s growing interest in the regulation of the use of force exercised by police. Of recent note, the team acted for the petitioner in Torres v Madrid, a case in which the Roberts Court considered what constitutes a ‘seizure’ of a suspect under the Fourth Amendment. The department is spearheaded by New York-based Rosenkranz (‘great strategist, writer, and oral advocate’) and ‘excellent leaderMark Davies in Washington DC. Senior associate Jeremy Peterman is also recommended. Former practice co-leader Kelsi Corkran departed to embark on a pro bono senior fellow career in February 2021.

Practice head(s):

Joshua Rosenkranz; Mark Davies

Other key lawyers:

Robert Loeb; Brian Goldman; Eric Shumsky; Jeremy Peterman; Mel Bostwick; Naomi Scotten

Testimonials

‘We engaged the team to assess the viabilities of a potential appeal. I, and others at our company, particularly appreciated how thorough, well-written, thoughtful, clear-eyed, and honest her written work product was.’

‘Good team organization. Maintained focus on key issues. The team worked well together. Excellent client interaction. Frequent and effective client communication. Willing to consider issues raised by others outside of their team.’

‘Josh Rosenkranz is an outstanding appellate lawyer. Excellent on analysis. Maintains focus on critical issues. Very strong on client involvement and interaction. Maintains effective organization of his team within the firm. Excellent writer and oral advocate. Brian Goldman did an outstanding job as Josh.’

‘They are client-focused. Bas de Blank is patient and responsive.’

‘We have worked with several different teams led by Josh Rosenkranz. They are excellent lawyers and writers and clearly know the ins and outs of patent appellate litigation. They are extremely collaborative with trial counsel and in-house counsel. One of our best appellate counsel.’

‘Josh Rosenkranz is the most incisive and creative appellate counsel I have worked with in recent years.’

‘The Orrick team is easy to work with. They are thoughtful, creative, and extremely quick to grasp complicated concepts. They got up to speed very quickly on complex legal and product issues, and were able to provide creative and helpful advice from our first conversation.’

‘The lead attorney, Eric Shumsky, is responsive and gives frequent updates. I also appreciate that he is not afraid to push back on suggestions or ideas that may undermine our position in the case, and advocate for the position he thinks is best for the case and for the company. Finally, he did a stellar job during the oral argument. He was very well-prepared and communicated our key points effectively in a very limited time frame.’

‘Eric Shumsky and his appellate team are top-notch. They are intellectual powerhouses, thinking through all the issues and crystallizing the arguments. Eric is a skilled orator and is quick on his feet to anticipate and respond.’

‘Eric Shumsky is an extremely talented lawyer. He is strong in both brief writing and oral argument. He is a clear communicator, collaborator and strategist with a thorough knowledge of the appellate practice.’

‘The team is exceptional, and Mark Davies is an excellent leader. They provide excellent representation. This is a team as good as any in other firms. Mark Davies and his colleagues leave no stone unturned. They are very strategic.’

‘Embedding Andrew Silverman in the trial team is key; in addition to being a superb writer, he is an appellate specialist and knows how to protect the record. Josh Rosenkranz is a great strategist, writer, and oral advocate. He knows how to cut through complexity to tell a compelling story. The team backing up Andrew and Josh is really excellent. And all of the appellate team members are incredibly responsive and pleasant to work with. They also work well with other firms and company executives, sometimes under trying circumstances.’

‘Jeremy Peterman is a standout among the associates. Great researcher and writer.’

‘The investment that Orrick put into the case we worked on together was exceptional. Although it seemed a long shot at the time as a Supreme Court case, they invested a huge amount of time and energy into debating each point of the cert petition, and it paid off with a victory in the Supreme Court that took many, including us, by surprise. Interpersonally, they were a pleasure to work with.’

‘Orrick stood out for how aggressively the firm staffed the case, how invested their associates were in the case, and how involved the supervising partner was, which is rare in our cases. The associates, Elizabeth Cruikshank and Tiffany Wright, were spectacular. Elizabeth is probably the best law firm associate I have ever worked with, and we work with many of these types of practices. The partner was not an absentee supervisor but deeply engaged with every aspect of the case and went through many drafts with us.’

‘Josh Rosenkranz led the team and did a masterful job. The quality of the written work was as good as I’ve seen anywhere, and Josh’s oral argument was first-rate.’

‘The Orrick appellate team helped us deftly navigate a tricky issue on appeal. They were thorough and practical, and I appreciated their attention to detail.’

‘Eric Shumsky is intelligent, pragmatic, creative, and a great partner.’

‘Mr. Robert Loeb was able to deal effectively with very difficult personalities to help us accomplish our goals. Mr. Loeb worked around the clock to help us achieve the settlement and literally saved our business.’

Key clients

Cisco

Credit Suisse

Gilead Sciences

Johnson & Johnson

KBC Bank

Microsoft

Netflix

Oracle

Twitter

Walmart

Work highlights

  • Acted for Roxanne Torres in a Fourth Amendment case before the US Supreme Court.
  • Acted for Oracle in the US Supreme Court case of Google LLC v Oracle America Inc., the first case in which the Court considered how the Copyright Act protects software.
  • Acted for Clemente Avelino Pereida in persuading the US Supreme Court to hear a case concerning the rights of non-citizens to seek relief from removal from the US.

Paul Hastings LLP

Paul Hastings LLP is well positioned to act for clients in patent appeals at the Federal Circuit, where the team enjoys a consistently strong track record in proceedings at all stages; in this respect, the firm is a top destination preferred by technology and healthcare sector companies. The department also focuses on assisting trade and other business associations with presenting positions as amicus curiae in various appellate courts. Stephen Kinnaird chairs the group, where other key figures include IP practice co-chair Yar Chaikovsky (Palo Alto), IP practice vice-chair Naveen Modi, and Joseph Palys.

Practice head(s):

Stephen Kinnaird

Other key lawyers:

Yar Chaikovsky; Joseph Palys; Naveen Modi

Key clients

Unsecured Creditors Committee

Jacobs Engineering Group, Inc.

Trend Micro, Inc.

L’Oreal USA

Globalfoundries, Inc.

Virnet X, Inc.

HTC Corporation; HTC America Inc.

Government Accountability Office

GlaxoSmithKline

Samsung Electronics Co., Ltd.

Google, Inc.

Work highlights

  • Representing Samsung in multiple high-profile matters, including a case brought by Elm 3DS involving 13 patents and targeting Samsung’s market-leading three-dimensional memory chips.
  • Acted for VirnetX in a Federal Circuit case concerning the client’s prior successful appeal of PTAB decisions invalidating claims of two VirnetX patents.
  • Representing Trend Micro in a nearly ten-year battle against Intellectual Ventures.

Paul, Weiss, Rifkind, Wharton & Garrison LLP

Paul, Weiss, Rifkind, Wharton & Garrison LLP excels in appeals at the US Supreme Court, as well as all federal and multiple state courts of appeals. Practice chair Kannon Shanmugam is widely recognized as one of the most respected and prolific litigators in the US Supreme Court. Shanmugam racked up a recent victory for the petitioner in the high-profile separation of powers case of Seila Law LLC v Consumer Financial Protection Bureau, in which the highly divided Court delivered a 5-4 judgment in holding that provisions relating to the Bureau’s leadership and structure are unconstitutional. Further, the team is adept at handling claims brought before the Federal Circuit; Nicholas Groombridge is a key name to note in this regard.

Practice head(s):

Kannon Shanmugam

Other key lawyers:

Nicholas Groombridge

Key clients

Blackstone Alternative Asset Management

Henry Schein, Inc.

Chipotle Mexican Grill, Inc.

Seila Law, LLC

DNF Associates

Vanda Pharmaceuticals

Goldman Sachs & Co.

Proskauer Rose LLP

The appellate group at Proskauer Rose LLP is primarily split between New York and Boston, with each team being led, respectively, by practice co-heads Mark Harris and John Roberts. The team prides itself on its high-profile work in all levels of the federal appellate court system as well as in state courts. In a significant ongoing highlight, the practice is acting as lead outside counsel to the Financial Oversight and Management Board for Puerto Rico in multiple sets of appellate proceedings arising out of the country’s debt restructuring; standout recent court appearances include arguments at the First Circuit and in the US Supreme Court. Multiple team members combine appellate credentials with substantive law expertise in areas such as sports, financial services, IP, and ERISA, among others.

Practice head(s):

Mark Harris; John Roberts

Other key lawyers:

Myron Rumeld

Key clients

Financial Oversight and Management Board for Puerto Rico

Wells Fargo

Johnson & Johnson

Charles Schwab

Town Car International

Miami Marlins

Amgen

National Football League

National Basketball League

Merchant Funding Services

Aerospace Corporation

British Telecomm

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

Booking.com

Scholars of Forensic Science

Quinn Emanuel Urquhart & Sullivan, LLP

Quinn Emanuel Urquhart & Sullivan, LLP has carved out a solid reputation based on its work on complex constitutional law appeals. The team is a fixture in the federal and state courts of appeal as well as in the US Supreme Court, but also appears in trial courts where it regularly pairs up with the firm’s trial teams. The well-known Kathleen Sullivan chairs the practice, and splits time between Los Angeles and New York. John Bash is also a key contact who divides time between Washington DC and Austin; he formerly occupied a high position at the Solicitor General’s Office and joined in the autumn of 2020.

Practice head(s):

Kathleen Sullivan

Other key lawyers:

John Bash

Key clients

Americans for Prosperity Foundation

Gartner, Inc.

Ontario Municipal Employees Retirement System

The Board of Directors of Reading International, Inc.

Home Equity Mortgage Trust Series (HEMT) 2006-1, 2006-3, 2006-4 & 2006-5

Work highlights

  • Represented Americans for Prosperity Foundation in the Ninth Circuit and in the US Supreme Court in a landmark First Amendment challenge to California’s demand that the Foundation disclose the names and addresses of its major donors.
  • Represented 206 large businesses as amici in Bostock v Clayton County, the US Supreme Court’s landmark LGBT discrimination case, arguing that construing Title VII to prohibit discrimination against LGBT employees is good for employers, employees, and the overall economy.
  • Assisted Gartner, Inc. with obtaining a precedent-setting decision from the Connecticut Supreme Court that upheld Gartner’s First Amendment rights to publish candid reports ranking and reviewing vendors and products in cutting-edge technology markets.

Reed Smith LLP

Reed Smith LLP is highly experienced in appellate litigation in the federal courts of appeal as well as in state supreme courts. In the words of a client, ‘one of the marks of excellent practice is the participation of appellate specialists pre-verdict in major cases’; indeed, the group is often brought in for strategic advice at the pre-and post-trial stage of litigation. Practice chair Kim Watterson splits time between Los Angeles and Pittsburgh. Brian Sutherland is also a standout attorney in New York and San Francisco. Clients also single out Raymond Cardozo (San Francisco), whose experience spans mass tort, real estate, and product liability issues, among others.

Practice head(s):

Kim Watterson

Other key lawyers:

Raymond Cardozo; Brian Sutherland; Kasey Curtis; Paul Fogel

Testimonials

‘The firm has been one of relatively few major firms in California with a dedicated appellate department and the specialization is reflected in their excellent work. Full-service, strategic and flexible.’

‘The appellate practice at Reed Smith is very good and responsive.’

‘The team at Reed Smith has been extraordinary. One of the marks of excellent practice is the participation of appellate specialists pre-verdict in major cases. Reed Smith’s briefs has always been always a pleasure for me to read.’

‘My respect for the work of Reed Smith deepened during my 17 years as an associate justice. When I pick up the briefs in a case involving the attorneys from Reed Smith, I know my work in writing the opinion would be eased and enhanced.’

‘Ray Cardozo has been one of our go-to appellate specialists.’

‘Ray Cardozo is among the best attorneys I know.  And I remember being very impressed by him when he first appeared as a Deputy Attorney General.’

Robbins, Russell, Englert, Orseck, Untereiner & Sauber

Robbins, Russell, Englert, Orseck & Untereiner LLP’s lawyers have a combined track record spanning 45 arguments before the US Supreme Court and hundreds of appeals in the lower federal and state courts of appeal. Roy Englert brings four decades of experience handling high-value claims involving antitrust, employment, and administrative law, among multiple other areas.

Other key lawyers:

Roy Englert; Lawrence Robbins; Donald Burke

Ropes & Gray LLP

The ‘brilliant, driven, and result-oriented’ appellate department at Ropes & Gray LLP sits within the wider litigation and enforcement practice group; it brings together experts in appellate law and substantive law disciplines such as criminal law, bankruptcy, IP, antitrust, and securities, to name a few. Practice chair Douglas Hallward-Driemeier is highly recommended for ‘his strategic thinking’ and for being ‘an extraordinary writer’; his track record at the US Supreme Court spans 17 arguments. The group also has experience at every federal circuit court of appeal; its recent caseload reveals its strength in matters at the Federal Circuit.

Practice head(s):

Douglas Hallward-Driemeier

Other key lawyers:

James Batchelder; Mark Rowland; Jonathan Ference-Burke

Testimonials

‘Ropes & Gray LLP’s team is brilliant, driven, and result-oriented. I’ve never worked with a more thoughtful, creative, collaborative, and strategic group of people. The team drafts extraordinarily well-written briefs, often in extremely short timeframes when emergency motion practice requires. Their briefs tell compelling stories in concise but engaging prose, often condensing a difficult and lengthy record into a few short and easily understandable paragraphs. They manage every aspect of a case with the same calm professionalism, no matter the pressure.’

‘Ropes & Gray partner Douglas Hallward-Driemeier, a renowned SCOTUS oral advocate, has argued multiple cases, including Obergefell v Hodges, a landmark SCOTUS victory for the LGBT community, vindicating the freedom to marry for same-sex couples. He is not only a superb oral advocate, but also simply a warm, wonderful human being who has worked many long weekends, including holiday weekends, on our cases without complaint.’

‘Partner Kirsten Mayer has worked tirelessly, including over multiple holiday weekends, to provide briefing and strategic guidance to us at the highest level.’

‘Whether their work consists of an amicus brief on behalf of public health experts that requires mastery of complex scientific principles, or a brief articulating a visionary and precedent-setting constitutional argument seeking to correct an injustice for an individual plaintiff, their advocacy is consistently excellent. Ropes & Gray LLP is at the top of our list, second to none.’

‘We turn to Ropes & Gray when we wish to make high-stakes constitutional arguments for the first time. Although they are masters of doctrine, they can argue any case in a way that is human, moving, and compelling. Similarly, we have turned to Ropes & Gray when we have needed to file a complex case in short order. They are nimble and work extremely quickly to master a factual record, develop a narrative and strategy, and draft an excellent complaint. Although we have worked with different teams of partners and associates, each experience has been top-notch, and together we have won even the most challenging impact litigation cases.’

‘Douglas Hallward-Driemeier is a nationally renowned SCOTUS oral advocate, and extraordinary writer. Even though he has every reason to claim a big ego, he interacts with everyone in a manner that is completely ego-free. He is uniformly kind and respectful to attorneys, clients, and paralegals alike. His strategic thinking — whether about procedural or substantive matters — is visionary.’

‘Kirsten Mayer is a brilliant strategic thinker and writer, co-author of excellent briefing. We can count on Kirsten to deliver great advice. She also works tirelessly over weekends on our pro bono matters to develop the most comprehensive presentation possible in our cases.’

‘Jessica Soto is unflappable, even in four-alarm fires, and a consummate professional. She delivers excellent briefing, always on time. She gets to the heart of the issue immediately, and is skilled at interviewing clients and witnesses.’

‘Ethan Weinberg is a prodigious drafter, delivering briefing in extremely short time frames. Masters every detail of rules and makes the case run smoothly.’

Key clients

Deutsche Bank National Trust Company

Nine West

The American Bar Association

Lambda Legal

Tribune Company

Elliot Management

Protect Democracy

Metropolitan West Asset Management

The American College of Obstetricians and Gynecologists

Eversource Energy

Work highlights

  • Assisted Deutsche Bank National Trust Company with obtaining appellate review by the New York’s Court of Appeals in two cases involving a critical statute-of-limitations issue with impact on numerous residential mortgage-backed securities (RMBS) cases pending in New York courts.
  • Acted as counsel to the largest group of shareholder defendants (including funds affiliated with BlackRock, Fidelity, and Vanguard), and as liaison counsel for all shareholder defendants, securing a complete dismissal of fraudulent conveyance claims brought in the US District Court for the Southern District of New York, which sought to claw back $1bn in proceeds from the 2014 LBO of Jones Group.
  • Prevailed in acting on behalf of Elliott Management Corp. 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.

Selendy & Gay

Led out of New York by Caitlin Halligan, Selendy & Gay's appellate group garners praise for being 'very capable, creative, and responsive'. It maintains a notable presence in the New York Court of Appeals, where it most recently racked up wins for companies active in sectors such as pharmaceutical, healthcare, and insurance. The firm is also a destination preferred by large private equity clients, among others, for securities litigation. Further, clients benefit from the team’s close collaboration with the in-house project management group, particularly in the context of e-discovery and document review assignments.

Practice head(s):

Caitlin Halligan

Other key lawyers:

Sean Baldwin; Philippe Selendy

Testimonials

‘Very capable, creative, and responsive.’

Key clients

National Union Fire Insurance Company of Pittsburgh

Cerberus Capital Management

U.S. Bank

Ambac Financial Group

Steven Plavin

Pfizer, Inc.

Amsterdam Avenue Redevelopment Associates

Justice Center for the Protection of People with Special Needs

Lightstone Holdings

Computershare

Work highlights

  • Representing National Union Fire Insurance Company of Pittsburgh, a subsidiary of AIG, in an appeal before the New York Court of Appeals concerning whether a $16m SEC disgorgement order issued against Bear Stearns constitutes an insurable event.
  • Representing Cerberus Capital Management, a private equity firm with over $40bn under management, as plaintiff in $950m breach of contract action against the Canadian Imperial Bank of Commerce.
  • Acting for U.S. Bank as trustee of an asset-backed securities trust before the New York Court of Appeals.

Sidley Austin LLP

Sidley Austin LLP is recognized as one of the top performers in the market; it comes with notable credentials in all aspects of appellate procedure, including multiple oral arguments presented before to the US Supreme Court. Key appellate specialists include former Acting Attorney General Peter Keisler, former Assistant to the Solicitor General Carter Phillips in Chicago, and Michael Levy in New York.

Simpson Thacher & Bartlett LLP

Simpson Thacher & Bartlett LLP’s team in New York places an emphasis on handling the appellate stage of class actions, commercial, and securities litigation; this strength manifested itself in its recent victories in federal courts of appeal as well as state supreme courts. Paul Curnin and Jonathan Youngwood share leadership of the global litigation department, where Joseph McLaughlin is also a noteworthy figure.

Practice head(s):

Paul Curnin; Jonathan Youngwood

Other key lawyers:

Joseph McLaughlin

Key clients

Alibaba

Best Buy

Countrywide Home Loans, Inc.

JPMorgan Chase

Pacific Alternative Asset Management Co. / Prisma Capital Partners

Stonepeak Infrastructure Partners LP

Travelers

Vivint, Inc.

Work highlights

  • Acted for Pacific Alternative Asset Management Co. and Prisma Capital Partners in the dismissal of Kentucky Retirement Systems derivative litigation brought before the Kentucky Supreme Court.
  • Scored a pro bono win for Maxmillian Sloley in a Second Circuit appeal of a Fourth Amendment case.

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP significantly bolstered its appellate offering in the late autumn of 2020, when Shay Dvoretzky arrived from Jones Day to head up the practice. Dvoretzky is a well-known name in the US Supreme Court in particular, where his track record to-date includes 12 arguments. The team is adept at handling substantive law issues such as administrative, constitutional, antitrust, and bankruptcy law, among others. In addition, the practice focuses on collaborating with other teams on litigation strategy issues arising at trial stage.

Practice head(s):

Shay Dvoretzky

Sullivan & Cromwell LLP

Sullivan & Cromwell LLP makes frequent appearances before appellate courts at state and federal levels. Palo Alto-based department head Brendan Cullen has notable experience at the US Supreme Court.

Vinson & Elkins LLP

According to a grateful client, Vinson & Elkins LLP is ‘second-to-none in competence, vision, strategizing, and executing’. The practice has vast experience in the state and federal courts of appeal; specifically, it has an unsurpassed strength in environmental, energy, oil and gas, and financial services litigation, among multiple areas in which it collaborates with the firm’s trial attorneys. The team’s recent standout work also includes regulatory appeals and environmental permitting issues involving the Federal Energy Regulatory Commission. Thomas Leatherbury (Dallas) and Marie Yeates (Houston) jointly sit at the helm of the practice.

Practice head(s):

Thomas Leatherbury; Marie Yeates

Other key lawyers:

Michael Heidler; Jeremy Marwell; Josh Johnson

Testimonials

‘The appellate team at V&E is responsive, hardworking and creative in their legal arguments.’ 

‘Marie Yeates and Michael Heidler are able to understand our business goals and needs, and incorporate those into legal arguments supporting our business. Their knowledge of the justices and the appellate court system is impressive. Their appellate team is available for mock arguments, strategic calls and brief editing with our executive team in the evenings and on the weekends.’

‘The team works in a very coordinated and unified manner, always striving to avoid unnecessary duplication. It is second to none in competence, vision, strategizing, and executing.’

‘There is certainly a high level of diversity and there is state-of-the-art technology available. The firm has so many significant practice areas that is a resource for any legal issue, leading to significant collaborations. In all respects, second to none.’

‘Marie Yeates is smart, passionate, and has good instincts on the points the appellate court will ask.  Michael Heidler and Marie simplified our arguments and incorporated charts to illustrate our points for the appellate panel.’

‘The team approach is truly seamless, and the team has a great depth of talent. I have personally participated in brainstorming sessions as to how to address a particular issue. It is most impressive.’

Key clients

Pembina Inc. / Jordan Cove Energy Project

PennEast Pipeline Company, LLC

State Bar of Texas

Rio Bravo Pipeline Company, LLC

Texas Central Partners

Adelphia Gateway, LLC

NCI Information Systems, Inc.

Sunoco, Inc.

Petrolink Services, Inc.

Lydia Ann Channel Moorings

Kinder Morgan CO2 Company

TPG (Post Oak) Acquisition

League of Women Voters of Texas

Human Rights Defense Center

Texas Association of Broadcasters / Texas Press Association

Work highlights

  • Representing Pembina and Jordan Cove with respect to appeals of federal environmental and natural resources permitting for the Jordan Cove Energy Project and Pacific Connector Gas Pipeline, a proposed liquefied natural gas export project and associated 235-mile pipeline in Coos Bay, Oregon.
  • Assisting PennEast in obtaining certificate approvals from the Federal Energy Regulatory Commission, as well as numerous other permits and approvals, to construct and operate the proposed PennEast Pipeline Project.
  • Defending the State Bar of Texas against three plaintiffs alleging that the State’s requirement for attorneys to pay dues to the state bar as a condition of practicing law in the state violates their First Amendment rights.

Weil, Gotshal & Manges LLP

Traditionally, Weil, Gotshal & Manges LLP has a discernable strength in handling appeals in all federal circuit courts. However, of recent note, the group’s growing appetite for US Supreme Court work manifested itself in its high-profile appearance on behalf of the petitioners in Republic of Hungary v Simon, a case raising complex jurisdictional questions pertaining to the Foreign Sovereign Immunities Act and international comity; Gregory Silbert led on the appellate effort. The department is led out of New York and Washington DC, respectively by Silbert and the 'extremely quick-thinking' Zachary Tripp. In addition, the firm has presence in Silicon Valley, where Edward Reines specializes in IP appeals.

Practice head(s):

Gregory Silbert; Zachary Tripp

Other key lawyers:

Adam Banks; Edward Reines

Testimonials

‘Zack Tripp is phenomenal. He is extremely quick-thinking, he writes beautifully, and he gets right to what matters. He knows the US Supreme Court especially well. We retained Zack to write a couple briefs for us this year and they were excellent — well-designed, well-researched, and altogether persuasive.’

Key clients

Signet Jewelers Ltd.

C&S Wholesale Grocers

Willis Towers Watson plc

Sterling Jewelers, Inc.

Illumina, Inc.

Farmers Insurance Group

Bio-Rad Laboratories, Inc.

Westinghouse Electric Corporation

U.S. Chamber of Commerce

Morgan Stanley

Pandora Media

Getty Images, Inc.

Lehman Brothers Holdings Inc.

HP Inc.

Sanofi S.A.

Bridgestone Corporation

Work highlights

  • Representing the Republic of Hungary and Magyar Államvasutak Zrt. (MÁV) in the US Supreme Court’s case of Republic of Hungary v Simon, which tackles whether federal courts can abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity.
  • Scored a victory for C&S Wholesale Grocers at the Eight Circuit, which unanimously affirmed the district court’s judgment dismissing all claims against the client, following a complete $800m defense jury verdict in 2018.
  • Petitioned the US Supreme Court on behalf of a Chapter 7 Bankruptcy Trustee in relation to the question of whether a debtor may keep a state-law homestead exemption inside bankruptcy, notwithstanding that the proceeds would be subject to attachment and execution outside bankruptcy because the debtor sold the home and the exemption expired under applicable state law.

Wiggin and Dana LLP

Wiggin and Dana LLP’s litigation group is well equipped to represent clients in state and federal appeals with a transnational element. In a standout highlight at the US Supreme Court, a team led by New Haven-based practice head Jonathan Freiman acted for the petitioner in Federal Republic of Germany v Philipp, an art dispute which involved interpretation of the expropriation exception under the Foreign Sovereign Immunities Act. Further areas of focus for the group include appeals in the healthcare, insurance, and manufacturing sectors, among others.

Practice head(s):

Jonathan Freiman

Other key lawyers:

Jeffrey Babbin; Aaron Bayer; David Roth; Tadhg Dooley; Shai Silverman

Testimonials

‘This team takes the time to understand our business and how it works, then uses its experience and understanding of the law to draft compelling, persuasive arguments.’

‘Individuals like John Doroghazi, Jeffrey Babbin and David Roth have a deep understanding of our business and how it works. They are excellent advocates, and use their in-depth knowledge and deep understanding of appellate law and its applicability to our business to construct compelling, persuasive arguments.’

‘The team has always been very dedicated to our case. There never have been issues with deadlines or availability. The quality of the legal work has been outstanding. They managed to fulfill our needs without reducing the overall quality of the work. The team is also well-connected. The spirit of the team seems to be very good.’

‘Jonathan Freiman was the leading partner for our case. Excellent ability to explain tactics and the law to foreigners and non-native speakers. He performed outstandingly at the oral arguments at D.C. Circuit and in the SCOTUS.’

Key clients

Doctor’s Associates LLC

United Technologies Corporation

Otis Elevator Company

Federal Republic of Germany

Stiftung Preußischer Kulturbesitz

The Hartford Financial Services Group

Wesleyan University

Mashantucket Pequot Tribal Nation

Merck & Co.

Ingredient Solutions, Inc.

Work highlights

  • Representing Germany and its Smithsonian equivalent in a case in the US Supreme Court involving the ownership of a collection of medieval artifacts known as the Guelph Treasure.
  • Representing Merck & Co., Inc. in the appeal of a Telephone Consumer Protection Act case filed on behalf of a putative class of physicians nationwide.
  • Acting for The Hartford Casualty Insurance Co. in an insurance coverage action brought by a law firm in Philadelphia asserting that it is entitled to coverage for business interruption losses arising from the Covid-19 pandemic.

Wiley Rein LLP

Wiley Rein LLP’s multi-disciplinary team specializes in state and federal appellate matters, including constitutional, regulatory, administrative, and IP law issues. The group also often acts in trial proceedings in conjunction with the firm’s banking, healthcare, and international trade specialists, among others. Department co-chair Claire Evans is growing her already extensive experience representing telecom companies in infrastructure disputes, having most recently scored a victory for telecom trade association USTelecom at the Ninth Circuit. Thomas M. Johnson, Jr. joined the team as practice co-chair in April 2021, having previously served as General Counsel of the FCC.

Practice head(s):

Claire Evans; Thomas M. Johnson, Jr.

Other key lawyers:

Stephen Obermeier; Jeremy Broggi

Testimonials

‘A very assured litigation practice handling complex, high-profile, multi-party litigation with international and political dimensions. The team have been impressive in terms of research, marshalling of arguments, strategy, coordinating with other parties, etc. Wiley are on top of all issues.’

Key clients

USTelecom Association

CTIA

Nexstar

Verizon

American Action Network

Crossroads GPS

Grocery Manufacturers Association

American Bankers Association

Noridian Healthcare Solutions

Work highlights

  • Successfully represented the telecoms industry in an appeal at the Ninth Circuit.
  • Assisted Nexstar with obtaining a Supreme Court review of a case.
  • Assisted Republican National Committee with an amicus brief in the US Supreme Court case of Chiafalo v State of Washington.

Williams & Connolly LLP

Williams & Connolly LLP has carved out a reputation nationwide for bringing ‘a unique blend of talent, tenacity and creativity to every case’. Practice chair Lisa Blatt is among the most influential appellate attorneys in the country, especially at the US Supreme Court level, where her track record includes scoring victories in nearly all of the 41 oral arguments she has presented. In the face of the Covid-19 pandemic, the practice showed remarkable flexibility in representing its clients: in United States Patent & Trademark Office v Booking.com, a team led by Blatt and second-chaired by Sarah Harris not only became the first group to adjust to the Supreme Court’s procedural changes and argue a case remotely, it also scored an 8-1 win for the respondent. In addition to its magnificent SCOTUS practice, the group is also very active in the federal courts of appeal, with recent standout appearances at the Second and the Seventh Circuits, among others. 'Brilliant attorney' Amy Saharia is also a key figure in the team; she recently achieved a victory for Medtronic in a Fifth Circuit design defect case.

Practice head(s):

Lisa Blatt

Other key lawyers:

Amy Saharia; Sarah Harris; Luke McCloud

Testimonials

‘The appellate team at Williams & Connolly is the best in the nation. Overall, the appellate group boldly delivers results in high-stake environments, often involving bet-the-company litigation.’

‘They bring a unique blend of talent, tenacity and creativity to every case they handle, in the relentless pursuit of the best possible outcomes for their clients.’

‘Amy Saharia is a brilliant attorney and she handles a broad spectrum of complex litigation and appellate matters, which provides her with a unique perspective, the will to win, and a commitment to excellence, which taken together provide the way to win.’

‘Stakes are always high in appellate litigation whether you are trying to overturn an adverse decision or defend a victory, you want the best on your side and that is Williams and Connolly.’

Key clients

Booking.com

Romag Fasteners, Inc.

Atlantic Richfield Co.

Manfredo Salinas

Willie Carr and Kim Minor

GlaxoSmithKline LLC

Eli Lilly

Work highlights

  • Successfully represented Booking.com before the US Supreme Court in the case of United States Patent & Trademark Office v Booking.com, where the Court held that the addition of a generic top-level domain (“.com”) to an otherwise generic term can create a protectable trademark.
  • Scored a victory for Romag Fasteners, Inc. before the US Supreme Court in Romag Fasteners, Inc. v Fossil, Inc., where the Court held unanimously that plaintiffs in trademark infringement suits are not required to show that a defendant wilfully infringed the plaintiff’s trademark in order to recover profits as a remedy.  
  • Successfully acted for Atlantic Richfield Co. before the US Supreme Court in Atlantic Richfield Co. v Christian, where the Court held that Superfund site landowners cannot implement an alternative cleanup plan that the Environmental Protection Agency has not approved.

WilmerHale

WilmerHale’s outstanding appellate practice is among the market leaders in terms of number of high-profile successful representations in all state and federal courts of appeal. Led by Seth Waxman and Paul Wolfson, the prestigious group comprises litigators who also focus on strategic counseling of clients on issues in the trial courts, as well as on substantive areas such as constitutional law, securities, immigration, Native American law, antitrust, and financial regulation, to name just a few. The team’s oral advocacy work significantly benefits from Waxman’s leadership; he is a former Solicitor General who is widely recognized as one of the stalwarts of Washington DC’s appellate law arena, drawing on decades of impressively wide-ranging litigation experience including 80 arguments presented in front of the US Supreme Court. Practice vice chair Danielle Spinelli is also a name to watch in the US Supreme Court, where she has argued multiple bankruptcy cases in the recent years; she is a key contact for issues arising at the junction of IP and bankruptcy law. Spinelli also teamed up with Catherine Carroll, partner-in-charge of the Washington DC office, on leading a case for respondent Lee Boyd Malvo in Mathena v Malvo, in which the Supreme Court tackled life-without-parole sentences for juveniles in the context of the client’s conviction for the 2002 Beltway sniper attacks in Washington DC. Apart from its brilliance in SCOTUS work, the team is also very prominent in the lower courts. Its recent standout caseload includes a win for Harvard University scored by a group led by Waxman and Wolfson in Students For Fair Admissions, Inc. v President and Fellows of Harvard College, a case brought by anti-affirmative action group in which the First Circuit sided with the client in upholding that Harvard’s race-conscious admission policies are permissible under civil rights law.

Practice head(s):

Seth Waxman; Paul Wolfson

Other key lawyers:

Danielle Spinelli; Catherine Carroll; Mark Fleming; Thomas Saunders; Daniel Volchok; Michael Bongiorno

Key clients

Harvard University

Lee Boyd Malvo

Franchise Tax Board of California

Mission Product Holdings

Dutra Group

Webloyalty.com, Inc.

City of Chicago

Astellas US LLC

Becton, Dickinson and Company

National Collegiate Athletic Association

Unified Patents, Inc.

Ocular Therapeutix, Inc.

Top Ships, Inc.

Winston & Strawn LLP

Winston & Strawn LLP’s appellate and critical motions team combines outstanding appellate experience with IP law expertise; as a result, it is often engaged on Federal Circuit matters. The practice also places a special emphasis on acting for clients in state level proceedings in the appellate courts and the supreme courts in Illinois and Texas, though its recent work has evidenced its ability to represent clients in federal courts of appeal as well, including the Seventh, the Ninth, and the Fourth Circuit. Practice head Linda Coberly is based in Chicago and has a wealth of experience in corporate fraud and derivative litigation. At the beginning of 2020, Andrew Nichols left the office in Washington DC to join Charis Lex P.C.

Practice head(s):

Linda Coberly

Other key lawyers:

Matthew Carter

Key clients

United Network for Organ Sharing

Modern Military Association of America

Atlantic Richfield Company

Shadwick King

Groupon

PetIQ and VIP Petcare

Merritt Hawkins and Associates

SAP

Office Depot

Work highlights

  • Successfully argued an emergency appeal on behalf of United Network for Organ Sharing, allowing the adoption of a new liver transplant policy.
  • Acted for Modern Military Association of America and secured an important decision by the Fourth Circuit that will allow all active-duty airmen living with HIV to continue serving without fear of discharge.
  • Represented student athletes in a Ninth Circuit case challenging the legality of the National College Athletic Association’s (NCAA) restraints on compensation.