Overview

With one of the country’s most effective appellate practices, we regularly argue successful appeals on a remarkable range of matters and legal issues nationwide – most frequently in the federal and state courts of appeals, as well as precedent-setting victories in the U.S. Supreme Court and the highest State courts. Whether or not we handled the case at the trial level, clients seek us out to appeal a disappointing lower court result or to preserve their victory when the other side appeals. Either way, our ability to craft persuasive positions on appeal cements our status as a leading litigation firm.

From antitrust, securities, and complex commercial cases to constitutional law, white-collar criminal defense, and bankruptcy matters among others, this diversity of practice areas fuels our appellate success. While many firms focus on certain kinds of matters, we take a fresh look at each appeal and see opportunity where others may see routine. Our unique approach to intensively reviewing and analyzing the facts in every case frequently leads us to rethink arguments and develop innovative strategies and legal theories that prove compelling on appeal. This complements our focus, when we handle a trial, on building the factual record strategically to create the basis for a successful appeal.

Bush v. Gore, Halliburton Co. v. Erica P. John Fund (two decisions), and Pennzoil v. Texaco are a few of the U.S. Supreme Court cases in which our lawyers  are proud to have played an important role. In Perry v. Brown, our victory as co-counsel overturned California’s Proposition 8 and extended the right to marry to same-sex couples across the country. Critical to that result was the factual record that we created at trial. 

While we are prepared to take every case to the highest court available for review, we appreciate that most cases don’t get there. That is why we so carefully structure each position and argument with a view to successful resolution on the first appeal, typically in an intermediate appellate court.

In addition to the firm’s deep experience in appellate courts, our practice includes a former appellate court judge and dozens of former law clerks from federal and state appellate courts across the country, including eight former U.S. Supreme Court clerks.