Interviewees hold this team in high esteem, praising the depth of its bench, impressive East to West Coast coverage and extensive international network. It is frequently called on to represent clients in appeal cases spanning a wide range of sectors and industries. The appellate and constitutional law group contains what is widely regarded as the premier Supreme Court practice, anchored by one of the country’s foremost appellate lawyers,
Theodore Olson. Fresh from success in Leegin v PSKS, the team, led by Olsen, achieved Supreme Court victory on behalf of Rolls-Royce in a matter pivoting on the extent of liability under the False Claims Act. Olson wins huge acclaim for his exemplary brief-writing skills and eloquence in court.
Miguel Estrada, another respected member of the team, represented Philip Morris in a closely watched case on the DC circuit, which followed a district court injunction against major cigarette manufacturers. Estrada receives rave reviews for his commitment and his ability to
"tackle even the thorniest of issues." The return of
Thomas Hungar to the practice after his tenure as deputy solicitor general is a major boost to the practice, and sources predict good things from him in the year to come. Younger partner
Mark Perry is recognised for briefing and arguing numerous appeals in state and federal courts across the country. He led in the appeal of the certification of the largest ADA class in history, arguing that the certified class did not meet established requirements. The group is famed for its strength on the West Coast, where in California,
Theodore Boutrous leads the charge. He combines, to great effect, expertise in media matters with a high-profile appellate practice. He has handled cases across the country, including major matters for DaimlerChrysler, Ford, Wal-Mart, Farmers, Time magazine, The Wall Street Journal and NBC. A “
real talent who combines intelligence with practicality," Daniel Kolkey was recently successful in reversing the trial court decision in California Correctional Peace Officers Association v Schwarzenegger.
Douglas Cox is another younger partner making a name for himself in the area. He has played a key role in Supreme Court cases relating to issues of equal protection, voting rights and election law, and other constitutional and statutory concerns.
The heavyweight appellate team at Mayer Brown has 55 partners operating out offices in Washington, DC, New York, Chicago, Palo Alto and Los Angeles. This broad assembly of talented advocates is well known its sophisticated work across a range of areas and disciplines, including securities, antitrust, IP, environmental and tax. The firm's Supreme Court practice, which has argued 213 times before the court and houses four former deputy solicitor generals, is widely regarded as one of the best in the USA. Recently, the group acted for Motorola in Stoneridge Investment Partners v Motorola & Scientific-Atlanta, which culminated in Supreme Court affirmation of an earlier decision that rejected 'scheme' liability in private securities fraud actions. This case, which has far-reaching ramifications for the business community, was argued by
Stephen Shapiro, who generates considerable praise for his expertise in the appellate field.
"He knows the court inside-out and always comes up with a winning argument," reports one client. New York-based
Andrew Frey attracts major mandates due to his broad experience and
"perceptive approach" to complex issues. he recently argued an appeal related to lawsuits brought by US veterans and Vietnamese nationals alleging injury caused by exposure to Agent Orange during and after the Vietnam War. Leading the charge in Washington, DC,
Kenneth Geller is credited by market sources for his outstanding work before the Supreme Court. Clients admire the
"vigor and tenacity" he demonstrates on their behalf. Arguing two cases in the Supreme Court this term,
Andrew Pincus is fast becoming one of the practice's most recognizable faces. He is commended for his
"masterful performances." The firm's cross-generational talent is the subject of much praise from sources, and younger partner
Evan Tager is celebrated for the
“impressive firepower” he brings to cases. He argues before appeal courts in every circuit.
"Whenever I get the opportunity to have him on board, I take it!" says one interviewee about
Charles Rothfeld.
"He brings such insight to the table." He successfully represented the Philippine National Bank in an important case centering on claims of sovereign immunity.
Jones Day's 24-partner appellate group is home to an
"abundance of talent," agree market commentators. It has a thriving Supreme Court practice that is the first port of call for clients seeking representation in major appeals. The team recently represented the US Chamber of Commerce and a group of private employers in a significant challenge to a California law preventing employers from using state funds in relation to union assistance, promotion or deterrence. While many of the firm's biggest stars are centralized in Washington, DC, the firm’s extensive network of offices ensures it has the resources to handle appeals in federal and circuit appeal courts around the country. Sources praise the team's
"impressive advocacy" and close collaboration with the firm's trial lawyers,
"which means that potential appeal strategies are shaped right from the start." Marketplace legend
Donald Ayer is held in high esteem for his exhaustive experience of and insight into the Supreme Court. Clients describe him as
"charismatic yet grounded" and praise his innovative ideas.
Michael Carvin successfully obtained and defended the dismissal of a nationwide class action claim against EDS. According to peers and clients,
"he really knows the ropes" in national appellate proceedings. He also has specialist expertise in constitutional and civil right disputes, and civil litigation involving the federal government. Group chair
Glen Nager is highlighted as an excellent courtroom advocate and he counts industry heavyweights such as GE, CBS, Cablevision and IBM among his impressive list of clients. He recently appeared in the Third Circuit Court of Appeals, on behalf of CBS, in a case that resulted in the reversal of the district court’s denial of summary judgment in a case brought under the ADEA by a former employee. New York-based
Willis Goldsmith was one of the principal lawyers in the Chamber of Commerce matter. He is noted as a talented advocate. The firm also has a respected federal circuit and IP appeals offering, coordinated out of Washington, DC.
Sidley Austin was one of the first firms to establish a dedicated appellate group, and its commitment to the area is undiminished. Its lawyers regularly appear in the federal courts of appeals, state supreme courts and other appellate forums across the country, and represent clients in antitrust, bankruptcy, business tort, class certification, employment, patent, securities and transportation-related matters, among others. Clients praise the group's experience and understanding of court processes. A preeminent Supreme Court practice is headed by
Carter Phillips, who took center-stage on behalf of Fox Television Studios in a closely watched case concerning the rejection of an FCC determination that the broadcast of expletives may constitute a violation of federal restrictions. Peers envy his rapport with justices and members of the court, while clients praise his
"foresight, intellect and persuasive manner, which make him first choice, every time.” Although Phillips casts a long shadow, he is supported by an excellent team. In particular,
Virginia Seitz is highlighted by observers. She (along with Joe Guerra, who has recently joined the DOJ) secured a Supreme Court victory in a matter relating to the federal-sector provision of the ADEA prohibiting retaliation against federal employees that complain of age discrimination.
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“marvellous concentration of talent” is how the Supreme Court and appellate group at WilmerHale is described by one source. While it is best known for its federal-level expertise in IP disputes, this is not the full extent of the team's repertoire of skills. It also represents clients in major antitrust, constitutional law, criminal law and securities law proceedings and draws on the resources of the firm's broader litigation group when necessary. As proof of its importance in the appeals area, the group successfully argued a well-publicized and landmark case before the Supreme Court, which resulted in the Court holding that a restriction on the right of Guantánamo Bay detainees to petition for habeas corpus violated the constitution. Former solicitor general and current department chair
Seth Waxman led the charge in this matter.
"He has a way of stripping away the nonessential issues and succinctly summarizing the most important points in a way that ensures judges always make the right decision," say commentators. While Waxman's superstar status dominates the attention of some interviewees, others are quick to acknowledge the quality of those behind him.
Paul Wolfson and
Edward DuMont receive particular praise from clients. Both are veterans of the Office of the Solicitor General and
"really know their way around the courts." Wolfson engenders recommendation for his
“disarmingly understated style and razor-sharp judgment.” DuMont, meanwhile, is lauded for his brief-writing skills and exceptional ability in the most difficult circumstances:
"If a case seems lost, he can save it," reports an observer.
Headquartered in Texas, this Supreme Court and appellate practice continues to be a noteworthy presence in the area, providing a full-scale appellate service to a substantial client base. The 22-lawyer group operates out of offices in Austin, Dallas, Houston and Washington, DC, and is headed by the dynamic
Jeffrey Lamken. Responsible for the DC and Supreme Court element of the practice, Lamken has
"taken the practice to new heights," agree sources, who hail him as a "
bright, highly informed and gutsy attorney." He recently acted for Cablevision in an appeal of claims that Cablevision’s proposed Remote Storage Digital Video Recorder (RS-DVR) violated the Copyright Act. The Second Circuit reversed the district court’s judgment, vacated the injunction and ruled in favour of Cablevision. Playing to the firm's strength in the oil and gas area, the Texas arm of the group recently acted for CenterPoint Energy Resources and its affiliates in the Arkansas Supreme Court, obtaining the dismissal of a putative multistate class action lawsuit alleging the artificial inflation of the cost of natural gas. Ex-chief justice of the Supreme Court of Texas
Thomas Phillips offers
“valuable insights,” agree clients, who praise him for his knowledge and understanding of the appeals system. He handles appeals before state and federal appellate courts arising out of a wide variety of commercial, PI, regulatory and constitutional issues. Across the board, the team is lauded for its rapid response time and ability to
"draw connections and conclusions that others miss."Housing one of the foremost litigation practices in the USA, it is no surprise that Kirkland & Ellis's appellate experts are called upon to represent clients in appeals across the country. Clients appreciate the depth of resources on offer and highly rate the group for
"crafting quality arguments;" they also praise the high level of partner involvement, with one revealing:
"We are never shunted onto an associate." Although appellate law legend
Kenneth Starr has focused more on his responsibilities as dean of Pepperdine Law School of late, he remains a major draw for the group and is highly valued for his counsel. He recently secured a victory for Alaska Juneau School Board in a free-speech case brought under the First Amendment.
Christopher Landau anchors the practice from the firm’s Washington, DC office. He is a
"wonderful resource, with great talent and the ability to communicate the most important issues to the judges." His highlights include achieving success for the National Geographic Society in the Eleventh Circuit Court of Appeals, in a complex copyright case. The group also fields appellate expertise in its home state of Illinois.
O’Melveny's successful appellate practice has undergone a period of growth in recent times, with the addition of a number of attorneys formerly of the solicitor general's office. Some
"impressive homegrown talent" cements its towering marketplace reputation. The team has been successful in the Supreme Court and appeal courts across the country. For example, on behalf of ExxonMobil it won major victories in the US Supreme Court and Alabama Supreme Court worth approximately $5 billion in total. The
"cooperative, congenial and communicative" attorneys constituting the group are anchored by former acting solicitor general
Walter Dellinger. Regarded as an authority in the area, he is praised for his
"huge knowledge" and the creative perspective he brings to complex matters. He led the charge acting for ExxonMobil and played a key role in convincing the US Supreme Court that the $2.5 billion in punitive damages awarded to the victims of the Exxon Valdez oil spill was excessive.
Sri Srinivasan “has the ability to grasp the most complex issues,” sources report. Along with Delinger, he acted for the Morgan Stanley Capital Group in a Supreme Court case, which resulted in the upholding of the validity of billions of dollars of long-term energy contracts.
Morrison & Foerster's team is regarded as an "impressive presence" in the appellate arena. The team was responsible for three major business case victories in the Supreme Court in recent times: an arbitration win for Mattel, a constitutional state taxation win for MeadWestvaco and a federal preemption victory for the trucking industry. This diverse caseload is typical of a firm noted for its expertise in financial services, arbitration and class actions. Reflecting its high standing in the IP market, the group also undertakes a substantial amount of patent-related appeals work. It is not, however, content to rest on its laurels, expanding its bench of appellate experts, particularly on the West Coast. Clients reveal that the firm excels at "assembling teams perfectly suited to the matter at hand." Ruth Borenstein, who practices from the firm's San Francisco office, is a good first point of contact.
Head of the appellate offering at Fulbright & Jaworski L.L.P.,
Jonathan Franklin contributes
"valuable knowledge and a broad skill set" to matters such as representing the State of Alaska in a Supreme Court case relating to a challenge to permits issued by the US Army Corps of Engineers. One source declares:
“I can’t imagine anyone better in the courtroom than Kathleen Sullivan - she has an instant rapport with judges and exhibits a real mastery of every case she's involved in." Chairing the appellate group of Quinn Emanuel Urquhart Oliver & Hedges, LLP from the New York office, she represents clients in matters relating to constitutional, media, antitrust, securities, IP, bankruptcy and commercial contract issues.
Ted Cruz joins Morgan, Lewis & Bockius to head up the firm's appellate offering, following his tenure as solicitor general of Texas. Clients appreciate the amount of appellate experience he brings to bear on proceedings. Also a former solicitor general of Texas, the name of Yetter, Warden & Coleman LLP's
Gregory Coleman reverberates around the marketplace.
"He is the man to turn to for any big Texas appeals," sources say. He recently represented GE Capital on an appeal relating to a UK-based development project. Munger, Tolles & Olson LLP is home to
Daniel Collins, who is hailed by market sources as a
“terrific talent.” Operating out of the Los Angeles office, he undertakes a broad range of appellate work, involving securities, federal preemption, First Amendment, civil RICO, and Qui Tam issues. The return of
Paul Clement to head King & Spalding LLP's appellate group caused a stir in the market. The immediate past Solicitor General
"will be a home run from his first day," predict sources, who describe him as an
"articulate and skilled advocate." Three victories in the Supreme Court in recent times is evidence of
Joshua Rosenkranz's prowess in the field. Resident at Orrick, Herrington & Sutcliffe LLP, he is deemed a
“mastermind” by sources, and his triumphs include representing the Kentucky Retirement Systems and the Commonwealth of Kentucky in defeating an age discrimination challenge to a retirement program for public employees. A go-to name for criminal appeals,
Bruce Rogow is praised for his impressive performance in the constitutional and civil rights arena. Operating as a sole practitioner in Florida, he is also a professor of law at Nova Southeastern University. A heavyweight of the Texas appellate Bar,
Mike Hatchell of Locke Lord Bissell & Liddell LLP is applauded for his expertise when it comes to devising case strategy:
"He is an imaginative thinker, and it shows." “
You will receive impressive advocacy” from
Miller Baker, at McDermott Will & Emery LLP, sources attest. Head of the firm's appellate group, he handles a wide variety of disputes. He recently acted for Arthur Andersen in an important case relating to the application of the Federal Arbitration Act to claims made by nonsignatories of arbitration agreements.