Winston & Strawn’s nationally recognized appellate and critical motions practice delivers sophisticated legal advocacy and analysis—before trial, at trial, and on appeal. From state trial courts all the way to the U.S. Supreme Court, our appellate attorneys identify, preserve, and present the critical legal issues that can make the difference between winning and losing.

Every partner in our practice is a seasoned appellate generalist with deep subject-matter knowledge in one or more areas of law. We have briefed and argued a diverse array of high-stakes appeals in the U.S. Supreme Court, every federal court of appeal, various state supreme courts, and many state appellate courts. Our appellate attorneys have won landmark decisions on behalf of clients as varied as medical-device manufacturers and student athletes.

Reflecting its broad experience and record of success, Winston & Strawn’s appellate practice has been named to The National Law Journal’s 2021 and 2022 Appellate Hot List and ranked in the first tier in the U.S. News & World Report and Best Lawyers 2021 and 2022 “Best Law Firms” rankings.

Individual members of the practice are recognized in Chambers USA, The Legal 500 U.S., Benchmark Litigation, and other respected industry rankings as leading practitioners in fields ranging from antitrust, intellectual property, product liability, and white-collar defense to sports law, life sciences, energy litigation, and rail transportation.

Many of our appellate attorneys clerked on the Supreme Court or other appellate courts. Others have held senior positions in the U.S. Department of Justice, where they represented the government in significant civil and criminal matters.

Clients often call upon us to represent them in cases that affect not only their company but entire industries and business generally. From federal preemption and environmental regulation to personal jurisdiction and class certification, Winston’s appellate attorneys have helped shape the law that is important to the business community.

Whether it is to defend a hard-won victory or to reverse a crushing loss, clients seek out Winston & Strawn appellate lawyers for their strategic acumen, powerful briefs, and strong oral advocacy. But legal excellence is not enough. We pride ourselves on our sensitivity to clients’ cost concerns and our collegial approach to working with other lawyers.

Critical Motions
Our appellate attorneys are not just appellate attorneys. They are appellate and critical motions attorneys.

Critical motions are just that—critical. Whether it is a motion to dismiss, a motion to deny class certification, or a motion to exclude the plaintiffs’ causation expert, a strategic motion often represents the fastest, most cost-effective way to resolve complex litigation. Our appellate and critical motions attorneys are creative in developing legal theories and skilled in executing litigation strategies that maximize the likelihood of a successful resolution, be it the dismissal of a case or a settlement on favorable terms.

Sometimes trial is unavoidable. One of the things that sets Winston’s appellate attorneys apart is their close collaboration with trial teams, both within the firm and otherwise. We are frequently retained to serve as motions counsel in large litigation, where we work cooperatively with trial lawyers from other firms to form a cohesive team. During trial, while the trial lawyers prepare and present witnesses, Winston’s appellate attorneys—working either on-site or remotely—help lay the groundwork for future appeals by drafting motions in limine, proposed jury instructions, and motions for judgment as a matter of law.

Our collaboration with lawyers from other law firms extends beyond individual cases. Clients represented by multiple firms but faced with important recurring issues have repeatedly called on our appellate and critical motions attorneys to serve as national coordinating counsel to ensure a consistent, strategic approach across their entire litigation portfolios. As coordinating counsel, our attorneys conceive legal arguments; develop litigation strategies; prepare model briefing; and serve as consultants to our clients’ other outside counsel.

In short, Winston’s appellate and critical motions attorneys serve clients every step of the way—before trial, at trial, and on appeal.