More About Issues & Appeals

OUR APPROACH 

Our attorneys know how judges think. Whether by previously serving as law clerks or through years of appellate-focused law practice, our attorneys have the experience and insight to develop and present the winning arguments for you on appeal.

We have represented clients in numerous federal and state appellate courts across the country, including in the Supreme Court of the United States. Many of our issues & appeals attorneys are former law clerks who have served in both federal and state trial courts and courts of appeal. That experience, along with the priority our firm puts on ensuring that our attorneys handle significant cases early in their careers with an eye to the appeals process gives us the insight, skills, and confidence to spot, develop, and argue the winning issues for our clients. 

Our issues and appeals practice not only handles cases in the appellate courts, but also works closely with our clients in the trial court. We research and develop complex and novel issues, shape the record, and preserve arguments with an eye towards the appeals process. If you lose at the trial court, they are prepared to continue the battle on appeal; if you win, they will protect that victory.

 

OUR EXPERIENCE

 

Briefing and Arguing Appeals | We write and speak well.

  • Our attorneys have extensive expertise in briefing and arguing appeals before federal and state courts in virtually every major area of civil defense law. We invest our own time in developing and honing our appellate skills. This experience provides invaluable insights and innovative strategies for winning cases on appeal. Our attorneys are recognized for their expertise, and regularly instruct other attorneys on briefing and arguing appeals through their publications and presentations.

Issue Spotting and Development |  We are thorough and creative.

  • We regularly work across practice groups with other lawyers in the firm to provide a fresh perspective on cases. Our attorneys research and develop arguments on novel and complex issues. We invest time in monitoring developments in appellate case law and regularly inform our clients and colleagues on trends that could impact them.

Multiple Jurisdiction Strategy | We put the puzzle pieces together.

  • When our clients are faced with recurring issues in multiple jurisdictions, our attorneys assess each case with an eye toward the strategic development of favorable law in the right courts. Our attorneys have even developed circuit splits that ultimately resulted in favorable decisions from the U.S. Supreme Court.

Post-Judgment Motions | We solve problems.

  • Our attorneys have vast experience in filing, briefing, and arguing post-judgment motions. These motions are often crucial in overturning a bad result and preserving arguments for appeal.

Amicus Briefs | We see the big picture.

  • Our attorneys have extensive experience in drafting amicus briefs in support of merits briefs and petitions for rehearing. We also represent state and federal trade associations as amici, coordinating interests among similarly situated parties potentially impacted by cases on appeal. These briefs show the court that their decision has implications beyond the two parties in the case, and on numerous occasions, these briefs formed the core of a court’s decision.

Moot Courts | We are coaches.

  • Our attorneys have extensive experience in federal and state appellate courts that gives them unique insights into the backgrounds, judicial philosophies, and types of questions asked by the judges on these courts at oral argument. We regularly conduct moot oral arguments for our own attorneys to prepare them to appear before appellate courts and can provide this same service for other counsel who will argue a case. Our offices include a fully functional moot courtroom in which counsel can take advantage of full dress rehearsals to improve their arguments before facing a live bench.

Preserving Error at Trial | We are teammates. 

  • Our attorneys have an exhaustive understanding of the objections, proffers of evidence, motions, and methods of making arguments at trial necessary to preserve arguments for appeal.  By adding an appellate attorney to the trial team to focus on preserving error for appeal, a client can allow the trial lawyers to focus on what they do best while protecting the record in case the trial court imposes a bad result.

General Advice on Appellate Matters | We are advisors.

  • In cases where other firms serve as lead counsel, our attorneys provide advice concerning the unique procedural rules and tactical issues involved in appellate matters, assist in protecting and preserving the record at trial, assist clients in understanding the special institutional concerns of appellate courts, and provide advice concerning the best way to craft appellate arguments. We are also team players. Appellate strategy often involves multiple parties and cases and we know how to coordinate interests while getting the courts to focus on your priorities.
 
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