Nationwide - Appellate Law Lawyers & Law Firms - USA | Chambers and Partners
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USA Guide

Appellate Law — Nationwide

Overview

With the confirmation of the newest Associate Justice, the Supreme Court is poised to return to the business of deciding high profile and potentially divisive cases again. Since Justice Scalia's unexpected death in February of last year, the Supreme Court has been limited to an eight-member Court, which means the crucial fifth vote was missing in many controversial cases. Given this, the Court has issued narrow decisions and taken unprecedented steps in an apparent effort to avoid the need for that fifth-deciding vote.

The most glaring example of this is probably Zubik v Burwell. The case raised the question whether Department of Health and Human Services regulations governing insurance coverage of contraceptives violated the Religious Freedom Restoration Act. Shortly after oral argument, the Court ordered supplemental briefing and then took the extraordinarily unusual step of vacating the court of appeals' decisions and effectively urging the parties to consider settlement.

Of course, the Court could not rely on such unusual steps in every case and so was forced to affirm cases by an equally divided court, as in Friedrichs v California Teachers Association, and United States v Texas. The Court further issued narrow opinions, deciding cases on the narrowest of grounds. Such narrow decisions even drew accusations that the majority was "punt[ing] on the issue before" the Court. Encino Motorcars, LLC v Hector Navarro, (Justice Thomas joined by Justice Alito dissenting); see also Expressions Hair Design v Schneiderman, (Justice Sotomayor concurring in judgment), criticizing majority opinion for producing "a quarter-loaf outcome" by addressing "only part of one half of petitioners' First Amendment challenge".

Justice Scalia's passing also had a noticeable effect on the Court's docket. According to statistics maintained by SCOTUSBlog, the pace at which the Court granted cert petitions was noticeably down throughout 2016. The Court will end the October 2016 Term having heard argument in just 64 cases, which appears to be the fewest since World War II. Now that Justice Gorsuch has filled Justice Scalia's vacant seat, we will see whether the Supreme Court's docket rebounds.

Despite the constraints arising from an eight-member Court, some trends from prior years have continued. In particular, intellectual property issues have continued to figure prominently on that docket. Some of the cases that have been or will be decided include:

Samsung Electronics Co. v Apple, holding that in the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under Section 289 of the Patent Act need not be the end product but may be only a component of that product.

Star Athletica, LLC v Varsity Brands, addressing when a feature incorporated into the design of a useful article is eligible for copyright protection under the Copyright Act of 1976.

SCA Hygiene Products Aktiebolag v First Quality Baby Products, holding that laches cannot be invoked as a defense to a claim for damages brought within the six-year limitations period of Section 286 of the Patent Act.

Life Technologies Corporation v Promega Corporation, holding that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under Section 271(f)(1) of the Patent Act.

Lee v Tam, addressing whether the disparagement provision of the Lanham Act, 15 U.S.C. 1052(a), is facially invalid under the First Amendment.

Impression Products v Lexmark Int'l, addressing the scope of the patent-exhaustion doctrine.

TC Heartland LLC v Kraft Foods Group Brands LLC, addressing venue in patent infringement actions.

The Court has also continued to be active in the area of employment law. This Term it decided McLane Company, Inc. v EEOC, addressing the standard of review for orders enforcing or quashing an EEOC subpoena, and NLRB v SW General, Inc, addressing recess appointments under the Federal Vacancies Reform Act. In the October 2017 Term, the Court is already set to decide whether employers can compel employees to engage in individual arbitration and waive the ability to pursue work-related claims in a class or collective action – an issue that potentially pits the National Labor Relations Act against the Federal Arbitration Act. See Epic Systems Corp. v Lewis and National Labor Relations Board v Murphy Oil USA.

Class actions – another area of significant concern to businesses – also continue to be at issue on the Court’s docket. In the past Term, the Court focused primarily on technical issues. In Microsoft v Baker, the Court will address whether plaintiffs, after the denial of class certification, can stipulate to the dismissal of their individual claims while preserving the right to appeal the denial of certification. The case California Public Employees' Retirement System v ANZ Securities, Inc – one of the five cases that Justice Gorsuch heard this past April – involves the application of "American Pipe" tolling to the statute of limitations in Section 13 of the Securities Act. For the next Term, the Court may be in a position to resolve a circuit split over whether Rule 23 imposes an "ascertainability" requirement that there be an administratively feasible way of identifying putative class members. Compare, e.g. Briseno v Conagra Foods, Inc, with Carrera v Bayer Corp.

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Gibson, Dunn & Crutcher LLP - Appellate Law

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Band 1

第一等

Commentary from the Chambers USA guide

Basic facts about the department
Key offices include Washington, DC, Los Angeles, San Francisco and Dallas.

What the team is known for Maintains its premier standing in landmark appellate cases on both the state and federal circuit, making frequent appearances in high-value and far-reaching matters nationwide. Draws from a top roster of younger appellate litigators to support the unparalleled level of experience at the top end of the practice. Applies impressive expertise to a broad array of issues, with clients spanning a range of multinationals, trade associations and financial institutions.

Strengths Sources reveal: "They attract more than their fair share of Supreme Court clerks and governmental luminaries, so when you retain them you get the benefit of hiring the very best."

Clients hail the depth and experience of its "real superstar team," noting that "Gibson Dunn is a go-to firm for high-end federal court appellate work."

Value for money Clients say: "I think they're very reasonable, sometimes I'm surprised how low the bills are given the quality of advice."

Work highlights Represented Chevron to affirm a Second Circuit judgment at the Supreme Court, which found a $9.5 billion award against the company in Ecuador for environmental damage was the product of fraud and corruption and was unenforceable in the USA.

Acted for BlueMountain Capital Management to successfully oppose the restructuring of Puerto Rican state-owned electric utility PREPA at the Supreme Court, demonstrating that the Commonwealth's recently enacted bankruptcy legislation was preempted by the federal Bankruptcy Code.

Significant clients Walmart, Comcast, Fiat Chrysler, Association of American Railroads, National Association of Broadcasters.

Notable practitioners

Former Solicitor General Theodore Olson is a towering figure in the appellate arena, with a deep well of experience in cases involving constitutional law, financial disputes and IP, among others. Most recently, he appeared in the Supreme Court to affirm a Congressional statute providing redress to victims of Iran-sponsored terrorism.

Miguel Estrada commands the respect of his peers, who recognize his "phenomenal combination of skills" and his "razor-like writing." Sources are quick to point out his broad range of appellate experience, revealing: "He understands the judges, he understands circuit precedent and how to present arguments in one circuit compared to another."

Los Angeles-based Theodore Boutrous recently secured victory for Walmart at the Eighth Circuit in a shareholder derivative class action concerning alleged FCPA violations. His wide appellate experience has incorporated appearances at the Supreme Court, federal circuit courts of appeal and state Supreme Courts.

Mark Perry is characterized as "a real first-rate mind" and "one of the dominant forces on the federal circuit." His respected practice covers IP law and financial services disputes, among others.

Helgi Walker maintains a broad appellate practice, with notable expertise in the telecommunications sector. Sources describe her as "a great lawyer – tough as nails and extremely good in her presentation."

Thomas Dupree is noted as a "constitutional scholar" and a "master of diplomacy and tact" by enthused clients. His appellate experience extends to cases involving punitive damages, products liability and federal agency and legislative challenges.

The "very talented" Matt McGill recently argued at the Supreme Court for BlueMountain Capital to challenge Puerto Rican bankruptcy legislation, and enjoys a growing reputation in major appellate cases. Clients regard him as "very good in court and in terms of doing the analysis and putting things into perspective."

Department profile by Gibson, Dunn & Crutcher LLP

To learn more about our practice, please visit gibsondunn.com.

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Sidley Austin LLP - Appellate Law

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Band 1

第一等

Commentary from the Chambers USA guide

Basic facts about the department
Key offices include Chicago, Los Angeles and Washington, DC.

What the team is known for Renowned as one of the first dedicated practices in the area, with a highly skilled and well-supported bench of litigators able to handle cases ranging from the most technical business cases to high-profile public interest matters. Demonstrates outstanding credentials in the Supreme Court, alongside significant abilities in state and wider federal appellate work.

Strengths Interviewees report: "The knowledge and experience that Sidley Austin brought put the case in the best position for success. They were dedicated and committed to the clients and they spared no effort."

Clients add: "They are very good strategic thinkers and they do an excellent job putting themselves in our shoes."

Work highlights Acted for EnerNOC in the Supreme Court to reverse a DC Circuit opinion that the Federal Energy Regulatory Commission lacked the authority to oversee 'demand response' payments to large-scale energy users.

Represented Validus Reinsurance at the DC Circuit, affirming a lower court decision which found that the federal excise tax statute did not permit the imposition of US taxes on fully extraterritorial transactions.

Significant clients AstraZeneca, Bank of America, Microsoft, Citi, Merck.

Notable practitioners

Carter Phillips is acclaimed as a "dean of the Bar" by admiring peers, having argued more than 80 cases in the Supreme Court across his illustrious appellate career. Sources laud his "tremendous ability" to "take a big-picture view" of a case.

Clients consider Peter Keisler to be "one of the top appellate lawyers in the country," citing in particular his skills as "a very gifted oral advocate." His wide-ranging expertise includes work in telecommunications, energy and transport.

Practice co-leader Joseph Guerra is called upon for his extensive knowledge of appellate litigation in fields including energy, financial services and telecommunications. He also regularly assists in trial court litigation.

Department profile by Sidley Austin LLP

Department profile not yet provided by Sidley Austin LLP. Please see their firm profile.

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WilmerHale - Appellate Law

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Band 1

第一等

Commentary from the Chambers USA guide

Basic facts about the department
Key offices include Boston and Washington, DC.

What the team is known for Widely considered a leading light in technically complex cases and regulatory challenges, including considerable strengths in IP work and constitutional matters. It has a notably deep bench with talented and experienced appellate litigators at all ranks of the practice, able to provide exceptional breadth of expertise.

Strengths Clients say: "The credentials of their lawyers are impeccable – they're academically top notch, so you know that when you've got WilmerHale you're going to be getting top notch representation."

Sources praise the team's depth, commending its "very deep bench" and "wonderful range of associates with a lot of experience of the court behind the scenes."

Work highlights Secured victory for Liberty Mutual Insurance at the Supreme Court, demonstrating that Vermont's requirement that health insurers report payment data on medical claims arising from ERISA-governed, self-insured plans is preempted by ERISA.

Acted for pro bono client Timothy Lee Hurst in the Supreme Court, successfully arguing that Florida's capital sentencing framework contravenes the Sixth Amendment by requiring that judges, rather than juries, find the aggravating factors necessary to impose the death penalty.

Significant clients Amgen, CiscoSystems, Columbia University, Google, National Collegiate Athletic Association.

Notable practitioners

Star practitioner Seth Waxman is heralded as "one of the finest appellate attorneys I've ever seen" by one client, who states that his "presence in court and the respect he demanded both from appellate judges and opposing counsel was tremendous." Waxman maintains an outstanding track record in high-stakes appellate challenges, most recently securing victory for Liberty Mutual at the Supreme Court in an ERISA dispute.

Danielle Spinelli is commended as a "terrific writer" by clients, who cite her "truly confidence-inspiring professionalism" as a key strength. She offers particular strengths in bankruptcy and Native American law matters, alongside wider appellate experience in antitrust, insurance and international trade work.

The "highly skilled" Paul Wolfson is recommended as "extremely good to work with" by clients. His broad appellate practice has incorporated work in patent appeals, antitrust work and legislative challenges. He offers niche expertise acting for universities in connection with sexual misconduct policies under Title IX.

Department profile by WilmerHale

Our seasoned appellate lawyers have argued more than 130 cases before the US Supreme Court, including leading cases in areas such as antitrust, banking law, bankruptcy, communications, constitutional law, employment, energy regulation, federal preemption, patent, securities regulation and tax. We regularly handle matters in federal and state appellate courts throughout the United States, and have represented clients in more than 30 patent and other cases in the Federal Circuit in the last two years. Our lawyers argued six cases in the most recent US Supreme Court term and, in the 2015 term, five different WilmerHale lawyers argued eight cases in the Supreme Court – more than any other firm. In 2014, 23 different WilmerHale lawyers made a total of 48 oral arguments in state and federal courts, including six arguments in the Supreme Court. Combining our trial and appellate strengths allows us to shape litigation strategy from the outset to maximize the likelihood of ultimate success. Clients also retain us to advise them on complex and often unsettled legal issues, no matter what the particular forum or context.

WilmerHale's Appellate and Supreme Court Litigation Practice, with members in Washington DC, New York, Boston and Los Angeles, has been honored by Chambers USA every year since 2005.

To learn more, visit us at: https://www.wilmerhale.com/litigation/appellate/

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Hogan Lovells US LLP - Appellate Law

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Band 2

第二等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for A frequent presence in high-stakes appellate litigation across the state and federal circuits, including numerous appearances before the Supreme Court. Particular areas of strength include technology, energy and automotive disputes, alongside expertise in regulatory and constitutional challenges.

Strengths One interviewee commends the firm's "impressive" abilities in "really tough cases," revealing "they are very good to work with."

Work highlights Acted for the Mississippi Band of Choctaw Indians to argue that tribal sovereignty extended to nontribal businesses, following the sexual assault of a tribe member employed at a Dollar General store on tribal grounds. The Supreme Court split 4-4 and left intact a Fifth Circuit decision in favor of the Choctaw.

Successfully represented GEICO Insurance before the Supreme Court. The issue in this case was whether a judge can recall jurors if, after the jury has been discharged, the judge notices a mistake that renders the verdict improper.

Significant clients Google, Ford, Bristol-Myers Squibb, Takeda Pharmaceutical, Dominion Energy.

Notable practitioners

Commentators laud Neal Katyal as "an authority in the appellate area," with peers labeling him as "a force to contend with." He has made multiple appearances at the Supreme Court, including making arguments in numerous constitutional, criminal and corporate disputes.

Catherine Stetson enjoys a "terrific" reputation for her strengths in federal and state appellate work, attracting particular acclaim for her strong track record challenging governmental action in the DC Circuit. Clients describe her as "exceptional."

Department profile by Hogan Lovells US LLP

Department profile not yet provided by Hogan Lovells US LLP. Please see their firm profile.

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Jones Day - Appellate Law

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Band 2

第二等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for Maintains an excellent reputation for the depth and breadth of its appellate practice, calling upon an extensive roster of experienced practitioners boasting numerous Supreme Court victories. Also able to draw upon the significant resources and specialties of this far-reaching global firm.

Strengths Interviewees repeatedly acknowledge the team's deep bench of "phenomenal" practitioners, revealing that "they have got talented people at the top and all the way down, who do very good work."

Clients say: "I'm absolutely happy with the service, the team is excellent."

Work highlights Vacated former Virginia Governor Robert McDonnell's conviction for public corruption offences at the Supreme Court, finding that instructions provided to the original jury defined 'official actions' too broadly.

Prevailed for RJ Reynolds Tobacco against the European Community in the Supreme Court in a case concerning the extra-territoriality of the Racketeer Influenced and Corrupt Organizations Act, holding that its civil cause of action requires domestic injuries to be suffered within the USA.

Significant clients CBS, Chevron, Experian Information Solutions, GM, Macy's.

Notable practitioners

Peers consider Michael Carvin "a force to be reckoned with" and note his "wonderful work" in the appellate world. His highly respected appellate practice incorporates constitutional challenges, civil rights matters and civil litigation against the federal government.

Glen Nager attracts plaudits for his "smart and responsive" advocacy, alongside his "good client focus." He regularly represents clients in high-stakes appellate litigation, in fields including environmental law, class action, employment and civil rights.

Department profile by Jones Day

Department profile not yet provided by Jones Day. Please see their firm profile.

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Kellogg, Hansen, Todd, Figel & Frederick, PLLC - Appellate Law

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Band 2

第二等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for Specializes in complex appellate litigation, representing both petitioners and respondents across a broad spectrum of business and governmental disputes in state and federal courts. Offers particularly strong expertise in telecommunications issues, alongside wider skills in white-collar crime, antitrust and product liability claims.

Strengths Clients highlight the team's credentials in IP disputes, saying: "They have a deep understanding of complex patent issues at both the appellate level and Supreme Court level."

Notable practitioners

The "outstanding" David Frederick is a noted leader in the field, with clients benefiting from an impressive level of experience before the Supreme Court and in every federal circuit court of appeals. His clients span a range of corporate and public sector entities, private individuals, foreign governments and states.

Michael Kellogg focuses his highly regarded practice on antitrust and regulatory matters, attracting acclaim as "a leader in communications law." Market sources laud his advocacy skills, revealing that "his keen intellect and writing make him a top choice for anyone with a serious appellate issue."

Interviewees commend Aaron Panner for his "exceptional judgment and experience," which he brings to bear in a broad range of antitrust, IP, property and telecommunications matters. One client reveals that "he is among the brightest people that I've ever worked with."

Department profile by Kellogg, Hansen, Todd, Figel & Frederick, PLLC

Department profile not yet provided by Kellogg, Hansen, Todd, Figel & Frederick, PLLC. Please see their firm profile.

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Kirkland & Ellis LLP - Appellate Law

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Band 2

第二等

Commentary from the Chambers USA guide

Basic facts about the department
Key offices include New York and Washington, DC.

What the team is known for Combines trial and appellate teams to offer an integrated litigation practice with deep experience advocating before state and federal courts nationwide. Recent activity has incorporated major class action and bankruptcy cases. The group's considerable abilities have been further bolstered by the lateral hire of Bancroft PLLC's formidable appellate team, including former Solicitor General Paul Clement.

Strengths Clients laud the "very savvy and very strategic" team, affirming that "the excellence of their work, ability to identify the key issues and most cost-effective strategy is the best."

Work highlights Acted for DIRECTV at the Supreme Court to overturn a California state court decision that refused to compel arbitration between DIRECTV and its subscribers, in a 6-3 decision holding that the Federal Arbitration Act preempts state law.

Appeared at the Delaware Supreme Court for GM in litigation concerning a product recall due to a defective ignition switch. The court affirmed a Chancery Court decision finding that plaintiffs failed to demonstrate the General Motors Board acted in bad faith or faced substantial likelihood of personal liability.

Significant clients Sun Capital Partners, Chesapeake Appalachia, Cisco Systems, Disability Rights New Jersey, Dow Chemical.

Notable practitioners

Paul Clement is renowned as "one of the greatest advocates of our time" by market sources, who cite his "unparalleled experience" in precedent-setting public policy and business appeals. Clients say: "He spans the spectrum, being able to speak intelligently and persuasively in the most technical arcane legal argument as well as expressing that to people who aren't steeped in it."

Peers regard department head Christopher Landau as an "excellent lawyer." He has highly-prized skills in cases involving constitutional, legislative and corporate issues. Recent activity includes successfully leading DIRECTV's challenge to state court judgments concerning the enforceability of arbitration agreements.

Clients call upon Jay Lefkowitz for his considerable skills in antitrust, products liability and wider commercial disputes. Additional areas of strength include litigation against the FDA and shareholder litigation. He is based in the firm's New York office.

The "terrific" Erin Murphy is described as "very talented and intelligent" by impressed sources. Her broad practice incorporates both state and federal court work, with recent experience handling appeals in the DC Circuit, Sixth Circuit and in Alaska state court.

Veteran appellate practitioner Bartow Farr has argued 32 cases before the Supreme Court. He frequently advises on a range of appellate litigation matters, offering deep expertise in regulatory, legislative and business challenges.

Department profile by Kirkland & Ellis LLP

The Firm’s appellate attorneys have extensive experience briefing and arguing high-stakes cases in the United States Supreme Court, the federal courts of appeals, and state appellate courts. The practice features Paul Clement, Solicitor General of the United States from 2005 to 2008; Viet Dinh, former U.S. Assistant Attorney General; Christopher Landau, a former law clerk to both Justice Scalia and Justice Thomas; Michael McConnell, who served as a judge on the U.S. Court of Appeals for the Tenth Circuit; and many other attorneys who have served as law clerks on the Supreme Court, the courts of appeals, and the district courts. 


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Latham & Watkins LLP - Appellate Law

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Band 2

第二等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for Strong reputation in appellate litigation, drawing from a formidable roster of experienced practitioners with an excellent track record in high-stakes legal challenges. Handles a broad range of substantial matters of significant national and constitutional import. IP work stands out as a particular highlight.

Strengths Sources reveal: "They have tremendous expertise in the field and present very well-reasoned, extremely well-written arguments that carry the day. They're just really, really good at what they do."

Clients laud the team's "combination of unparalleled experience, being incredibly capable, but also down to earth and able to communicate clearly."

Work highlights Appeared in Fisher v University of Texas to successfully defend the university's consideration of race in its undergraduate admissions procedure, in a landmark case heard by the Supreme Court.

Engaged by Shea Homes in an $800 million dispute against the Internal Revenue Service pending before the Ninth Circuit, in connection with the tax status and proper treatment of 114 residential developments in Arizona, California and Colorado.

Significant clients Florida Department of Environmental Protection, Masimo, American Beverage Association, US Soccer Federation, Pacific Gas & Electric.

Notable practitioners

The "phenomenal" Gregory Garre has enjoyed a string of high-profile successes at the highest appellate level, garnering considerable accolades for his recent success defending the University of Texas's admissions policy in the Supreme Court. Sources reveal: "If my life or business was on the line, he's the first person I would go to."

Clients praise Scott Ballenger's collaborative approach, revealing he is "as much a colleague as our in-house counsel." His appellate practice has led him to appear in a broad range of federal and state courts, in disputes concerning antitrust, business law, constitutional matters and white-collar crime.

Richard Bress offers deep experience in appellate litigation, which extends to handling dispositive motions in trial court matters. Clients describe him as "very approachable, very pleasant and clearly very smart."

Melissa Arbus Sherry attracts impressive praise from peers in the field, who note her "great reputation for written work and oral advocacy." She has argued ten cases before the Supreme Court, offering expertise in appellate proceedings concerning IP, securities, international law and employment discrimination.

Department profile by Latham & Watkins LLP

Department profile not yet provided by Latham & Watkins LLP. Please see their firm profile.

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Mayer Brown LLP - Appellate Law

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Band 2

第二等

Commentary from the Chambers USA guide

Basic facts about the department
Key offices include Chicago, New York and Washington, DC.

What the team is known for Offers a wealth of knowledge in major business and public interest appellate work, with considerable litigation strengths honed by decades of experience in the field. Clients benefit from a singularly well-rounded and well-composed team, capable of maintaining consistent in-depth partner activity throughout the appeals process.

Strengths Clients say: "I really think they do the best and most thoughtful work. When I have the most difficult, most challenging matters that need the most careful attention, it's them I go to."

Interviewees also highlight the Mayer Brown team's "unparalleled reputation in federal preemption and regulatory matters."

Work highlights Vacated and remanded a Ninth Circuit loss for search engine Spokeo at the Supreme Court, with the court finding that a technical violation of the Fair Credit Reporting Act did not constitute an 'injury-in-fact' required to obtain standing in federal court.

Appeared at the Supreme Court to argue three consolidated cases challenging the use of chemical testing in suspected drunk-driving cases on Fourth Amendment grounds. The Court held that blood testing requires a warrant and dismissed criminal penalties for those asserting their right to resist warrantless searches.

Significant clients AT&T, The Bank of New York Mellon, Procter & Gamble, Medtronic, United States Chamber of Commerce.

Notable practitioners

Clients hail Andrew Pincus's deep knowledge of Supreme Court procedure, particularly with regard to certiorari petitions. His broad appellate expertise includes work in high-stakes corporate and constitutional disputes, illustrated by his successful representation of Spokeo to overturn a Ninth Circuit loss. "Andy is one of the most brilliant lawyers I have worked with," enthuses one client. "He has a wonderful demeanor and is really highly regarded. He's able to move easily between the appellate world, arguing before the Supreme Court, and the political and policy world. He understands how the two worlds intersect and can advise you on how to move policy forward."

Charles Rothfeld is picked out by market sources as a "great brief writer" who "puts together legal arguments that are so powerful that they're hard to argue with." He offers skills in a wide array of appellate matters, including constitutional law, international law and wider corporate disputes.

Evan Tager maintains an active presence across federal and state appellate courts, attracting a strong reputation in business disputes and punitive damages claims. Clients say: "Evan's briefs are always a model of clarity and extremely persuasive. He will aggressively push the development of the law in the direction his clients need."

Rising star Dan Himmelfarb is described as "impressive all-around" by commentators, who note his "significant appellate court experience." He has attained a wealth of knowledge in appeals concerning torts, contract disputes, Native American law and constitutional matters.

The "phenomenal" Andrew Frey enjoys a distinguished reputation for his long track record of success in major appellate matters nationwide. He offers particular skills in defending against punitive damage awards, alongside wider strengths in class action, mass tort and white-collar crime work.

Seasoned appellate practitioner Stephen Shapiro brings decades of experience to bear in high-stakes and high-value challenges, with notable expertise in Supreme Court procedure. His clients have included state and national governments, corporate entities and trade associations.

Department profile by Mayer Brown LLP

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Orrick, Herrington & Sutcliffe LLP - Appellate Law

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Band 2

第二等

Commentary from the Chambers USA guide

Basic facts about the department
Key offices include New York and Washington, DC.

What the team is known for High-caliber practice group with an excellent track record in high-stakes and high-value corporate disputes, drawing from a strong team of well-regarded appellate attorneys. Notable strengths in technology and financial services litigation, including deep experience in IP matters.

Work highlights Successfully represented Microsoft against the federal government at the Second Circuit, following demands that Microsoft surrender customer e-mail content from a server in the Republic of Ireland. The court held that the relevant statute did not extend to private e-mail stored in foreign nations.

Acted for former Countrywide Financial executive Rebecca Mairone at the Second Circuit, reversing a fraud verdict and overturning a liability finding against the defendant.

Significant clients Credit Suisse, Dow AgroSciences, Apple, Facebook, Oracle.

Notable practitioners

New York-based Joshua Rosenkranz has a stellar reputation in appellate circles, with market sources declaring: "Josh is a magician – if there's anyone on Earth who can turn a sow's ear into a silk purse, it's him." Rosenkranz offers outstanding credentials in contentious and high-profile appeals, including leading on the recent victory for Microsoft at the Second Circuit.

Eric Shumsky enjoys a broad appellate practice, with recent work encompassing constitutional law, technology and bankruptcy in a range of state and federal courts. Sources define him as "a savvy appellate lawyer," revealing he is "quick on his feet" and "able to manage an argument and push his points well."

Department profile by Orrick, Herrington & Sutcliffe LLP

Department profile not yet provided by Orrick, Herrington & Sutcliffe LLP. Please see their firm profile.

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Arnold & Porter Kaye Scholer LLP - Appellate Law

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Band 3

第三等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for Highly regarded and accomplished appellate practice, with an extensive record of Supreme Court appearances alongside deep federal and state appeal experience. Draws upon notable antitrust, bankruptcy and product liability expertise from a stable of respected sector experts firm-wide.

Strengths Sources emphasize the team's responsiveness and output: "We can turn to them at any time. They turn high-quality work around at the drop of a hat."

Peers are impressed with the growth of the appellate practice at Arnold & Porter Kaye Scholer. "I think A&P has a really terrific practice," says one appellate practitioner, adding: "They've really been building on that with Lisa over there."

Work highlights Successfully acted for Nucor at the Fifth Circuit to reverse a $156 million award against Nucor and various other steel companies, which alleged the companies participated in a group boycott of a steel distributor.

Engaged by the NFL's Washington, DC franchise to appeal the US government's cancellation of the team's federal trademark registrations at the Fourth Circuit.

Significant clients Philip Morris USA, TriReme Medical, Federal Housing Finance Agency, AIG, Disney.

Notable practitioners

"Outstanding" Supreme Court advocate Lisa Blatt offers clients an excellent track record of success at the highest appellate levels, regularly representing clients in landmark business disputes nationwide. Clients reveal: "She really does a good job making everything seem conversational. She makes it look easy."

Department profile by Arnold & Porter Kaye Scholer LLP

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Morrison & Foerster LLP - Appellate Law

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Band 3

第三等

Commentary from the Chambers USA guide

Basic facts about the department
Key offices include Los Angeles and Washington, DC.

What the team is known for Houses a cadre of experienced appellate attorneys with significant governmental and state-court judiciary experience. The firm's signature IP specialization is complemented by excellent capabilities in class action, antitrust and copyright matters.

Strengths Clients say: "They're just very knowledgeable of the appellate process. They know the judges, they know what will work and what will get traction."

Interviewees note the team's strengths are "superb client service, legal skills and practical, prompt solutions."

Work highlights Acted for the City of Santa Monica in a dispute against the federal government, following the city's attempt to quiet title to the land underlying its airport. The Ninth Circuit overturned a lower court decision granting the government's motion to dismiss the case on statute-of-limitation grounds.

Retained by Immersion to handle a landmark patent case against HTC at the Federal Circuit. The court reversed a decision in the District of Delaware that found same-day continuation patent filing was invalid, which would have invalidated thousands of patents.

Significant clients Alcon LenSx, NuVasive, Sandoz, Sotheby's.

Notable practitioners

Sources highlight Deanne Maynard for her "abundance of legal experience, excellent communication and analytic skills." She attracts particular praise for her expertise in IP appeals, alongside strong abilities in antitrust and bankruptcy cases.

Peers note Joseph Palmore as "a really terrific advocate" and "a very articulate writer." His broad appellate practice has encompassed work in financial services disputes, telecom matters and regulatory challenges.

Department profile by Morrison & Foerster LLP

Morrison & Foerster is at the forefront of appellate litigation in the U.S. Supreme Court, the federal courts of appeals, and state appellate courts.  Our appellate team leverages its substantive and strategic expertise to take on some of the most challenging legal issues before the appellate courts.  Our team takes full advantage of the firm’s vast platform that combines the expertise of attorneys across multiple specialties, including those in the firm’s highly ranked Intellectual Property practice.

The lawyers in our group specialize in appeals, spending the vast majority of their time in appellate courts.  The practice is co-chaired by Deanne Maynard and Joe Palmore, both former Assistants to the Solicitor General; they collectively have argued 24 cases in the United States Supreme Court and dozens more in the federal courts of appeals.  The group is also home to Miriam Vogel, a former Justice on the California Court of Appeal who is now among California’s most prominent and successful state court appellate practitioners.

We regularly represent major corporations, trade associations, and industry groups before the Supreme Court. We are skilled at presenting our clients' positions in a context that facilitates the Supreme Court's resolution of a broad legal issue presented, while also advancing our client's interests in the particular case. We are experienced at briefing and oral argument before the Supreme Court on the merits of cases, and also at the certiorari stage.

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Quinn Emanuel Urquhart & Sullivan, LLP - Appellate Law

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Band 3

第三等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is New York.

What the team is known for Notable for undertaking major cases with wide-reaching constitutional and legislative impact, with particular strengths in constitutional law and technology appeals. Further notable experience in assisting energy companies to defend their investments in significant infrastructure and development projects.

Strengths Clients reveal that "what sets Quinn Emanuel apart is their technical know-how," and highlight their "deep litigation and appellate bench" as a key strength.

Work highlights Engaged by Samsung Electronics in a dispute with Apple before the Supreme Court, seeking review of a $399 million damages award following the alleged infringement of iPhone design patents on certain Galaxy smartphones.

Acted on a citizenship case for pro bono client Luis Roman Morales-Santana at the Supreme Court, to defend a Third Circuit ruling that invalidated a statute of the Immigration and Nationality Act as unconstitutional gender discrimination.

Significant clients Shell Oil, Google, State Farm, Cisco, Pfizer.

Notable practitioners

Name partner Kathleen Sullivan is firmly positioned at the forefront of the appellate field, making numerous appearances at state and federal courts in complex and high stakes appeals. Clients praise her "deep understanding of constitutional law" and commend her ability to "pose an argument that opens doors rather than closes them off."

Department profile by Quinn Emanuel Urquhart & Sullivan, LLP

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Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP - Appellate Law

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Band 3

第三等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for Litigation boutique with a well-regarded group of experienced Supreme Court advocates, with regular appearances in wider federal and state court appeals. Clients include financial institutions, healthcare providers and trade associations.

Notable practitioners

The "extraordinary" Roy Englert comes highly recommended by interviewees, who regard him as a "standout advocate." Peers point out his enviable track record in major appellate challenges, where he frequently acts for clients in antitrust and bankruptcy cases.

The "terrific" Lawrence Robbins has argued 18 cases before the Supreme Court, alongside frequent appearances at numerous federal courts of appeal and before administrative agencies. His clients include a range of private individuals and corporations.

Alan Untereiner is active in a broad variety of civil and criminal appellate cases, frequently appearing before a range of state and federal courts nationwide. His additional strengths include financial services disputes, First Amendment issues and white-collar crime matters.

Department profile by Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

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Williams & Connolly LLP - Appellate Law

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Band 3

第三等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for Respected litigation practice with a notable presence in appellate courts nationwide, frequently handling complex financial, antitrust and pharmaceutical cases. Recent successes in a number of industries demonstrate the firm's impressive breadth of advocacy abilities.

Strengths Clients say: "They are our go-to firm for complex appeals. They're all incredibly smart, so they can write and distill issues into the key legal points exceptionally well."

Commentators praise the team's "wealth of experience in appellate work," commending the firm's ability to "bring the brightest minds to the table."

Work highlights Successfully overturned a $1.3 billion district court judgment against Bank of America at the Second Circuit, following a case brought by the federal government under FIRREA in connection with the mortgage crisis.

Appeared in the Federal Circuit for AstraZeneca in a patents appeal against Mylan, affirming a decision in the District of Delaware which found that patent infringement proceedings against a generic version of a name-brand drug is appropriate in any state where the drug will be marketed and not solely in the manufacturer's home state.

Significant clients Pfizer, Merck, Google, Sprint, CNN.

Notable practitioners

Kannon Shanmugam "continues to shine," according to highly impressed interviewees. Clients report: "He's brilliant in terms of his legal analysis and skill, he knows how to boil down issues to their core facts, he can bring consensus to groups with a myriad of views, he's unflappable and his writing and oral advocacy skills are first-class."

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Akin Gump Strauss Hauer & Feld LLP - Appellate Law

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Band 4

第四等

Commentary from the Chambers USA guide

Basic facts about the department
Key offices include Los Angeles and Washington, DC.

What the team is known for Bicoastal practice drawing on experienced practitioners with noted expertise at state, federal and Supreme Court levels. Demonstrates considerable talent in bankruptcy, patent and employment law.

Strengths Clients say: "They're excellent. I was very comfortable working with them and the work product was very good."

Work highlights Successfully represented Propel Financial Services in the Fifth Circuit to affirm that the Truth In Lending Act does not apply to the transfer of a tax lien, following a class action claim brought by homeowners.

Acted for the National Football League and the NFL Management Counsel to reinstate the suspension and fine issued to Minnesota Vikings running back Adrian Peterson in the Eighth Circuit.

Significant clients Starbucks, Google, Coca-Cola, Hartford Casualty Insurance, Anderson Energy.

Notable practitioners

Pratik Shah comes highly recommended by clients for his "uniformly high-quality work," with sources pointing to his skills as "both an excellent writer and a poised, effective advocate." He maintains an active federal court practice, including recently representing Propel Financial Services at the Fifth Circuit.

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Jenner & Block LLP - Appellate Law

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Band 4

第四等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for A broadly skilled team especially noted for the strong support offered by a well-regarded bench of junior practitioners. Advises on matters ranging from election law to patents and telecom. Recent activity includes acting in major civil liberties cases and criminal defense matters.

Strengths Sources praise the team's "excellent work ethic," revealing that they demonstrate "deep understanding of the substantive law, our industry and our company."

Clients say: "I think they're world class, they're really top notch. When we have an issue, they're who we call to get it fixed."

Work highlights Acted for an adoptive parent in a same-sex marriage to reverse the Alabama Supreme Court's refusal to recognize out-of-state adoption by same-sex couples, obtaining a unanimous opinion at the Supreme Court.

Secured a unanimous opinion from the Supreme Court for the Arizona Independent Redistricting Commission, holding that a redistricting plan for the state was constitutional and complied with the Voting Rights Act.

Significant clients John Wiley & Sons, 21st Century Fox, Electronic Arts, General Dynamics, Amtrak.

Notable practitioners

DC-based Matthew Hellman is a practice cochair and a key contact for the group.

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King & Spalding LLP - Appellate Law

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Band 4

第四等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for Calls upon an experienced pool of talented advocates to offer significant abilities in IP, energy and life sciences disputes. Offers additional capabilities in challenging governmental litigation and investigations, with particular proficiency in False Claims Act and Federal Drug Agency matters.

Work highlights Acted for Chevron and Texaco Petroleum to affirm a $96.3 million arbitral award against the Republic of Ecuador at both the district court level and the DC Circuit. The firm successfully opposed Ecuador's certiorari petition to the Supreme Court.

Retained by PODS Enterprises to defend a $65 million judgment against U-Haul at the Eleventh Circuit, following a ruling that U-Haul's use of the term 'pods' to market a competing product constituted a trademark infringement.

Significant clients Google, Electric Power Supply Association, RJ Reynolds Tobacco, Allergan, GlaxoSmithKline, Huntington Ingalls Industries.

Notable practitioners

The "excellent" Daryl Joseffer is noted in particular for his "incredible advocacy" in patent and IP appeals, with sources praising his "good sense of the courts, how they approach these issues and what might be persuasive." Interviewees further commend his "excellent writing" and "top-quality briefs."

Clients highlight Jeff Bucholtz's ability to "develop and advance a novel argument persuasively" and value his "marvelous depth of knowledge" in appellate litigation. He offers considerable skills in life sciences matters, including appealing FDA actions.

Ashley Parrish offers strengths in a broad range of energy litigation matters, including regulatory appeals and challenges to agency actions. He offers wider skills in healthcare, labor, products liability and bankruptcy litigation work.

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O'Melveny & Myers LLP - Appellate Law

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Band 4

第四等

Commentary from the Chambers USA guide

Basic facts about the department
Key office is Washington, DC.

What the team is known for Offers broad skills in competition, class action and IP matters in the appellate group. Client roster spans a range of national and multinational corporates in industries including media and entertainment, financial services and energy. Regularly contributes amicus curiae briefs in significant cases.

Work highlights Represented Merrill Lynch before the Supreme Court to argue that provisions in the Securities and Exchange Act established federal jurisdiction over cases of naked short selling.

Secured victory for Warner Bros. and DC Comics at the Ninth Circuit following a long-running trademark dispute over the rights to the 'Superman' brand, brought by the descendant of a creator of the character. The court held that a 2001 settlement agreement incorporated rights to all 'Superman' material.

Significant clients Chubb, Fidelity Investments, Ford, SIRIUSXM Radio, CoreLogic.

Notable practitioners

Jonathan Hacker earns repeated praise for his "outstanding written product," with peers in the field impressed by his "bullet-proof performances in difficult cases." He chairs the firm's appellate practice and frequently assists clients in complex commercial, criminal and constitutional matters.

The highly respected Walter Dellinger is a font of knowledge for Supreme Court appellate matters, earning a distinguished reputation for his work for public and private sector companies and pro bono clients in high-profile disputes.

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Vinson & Elkins LLP - Appellate Law

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Band 4

第四等

Commentary from the Chambers USA guide

Basic facts about the department
Key offices include Houston and Washington, DC.

What the team is known for Benefits from a wealth of expertise in the oil and gas sector to handle high-profile appeals for multinational energy companies in the Fifth Circuit and DC Circuit courts, as well as regular appearances at state level and in the Supreme Court. Offers wider skills in False Claims Act matters, regulatory challenges and contract disputes.

Strengths Sources commend the firm's "strong appellate practice," citing its "sensitivity to our priorities" and "responsiveness" as key attributes.

Clients add: "They're an outstanding law firm. They're very professional, very ethical and very effective."

Work highlights Engaged by a coalition of Arizona and New Mexico trade associations in an appeal pending at the Sixth Circuit, challenging EPA's amended definition of the 'waters of the United States' which extended federal jurisdiction to ephemeral streams and erosional desert features.

Acted for Denbury Green Pipeline-Texas before the Texas Supreme Court, to overturn a lower court opinion that its pipeline did not demonstrate a reasonable probability that it would serve the public as a CO2 pipeline and thus did not qualify as a common carrier.

Significant clients Agility Logistics, Anadarko Petroleum, KBR, Southern Wine & Spirits of Texas, Port of Houston Authority.

Notable practitioners

The "brilliant" John Elwood earns high praise from clients, who describe him as a "great writer with deep knowledge of the courts." His particular areas of strength include government contract claims, False Claims Act litigation and environmental and administrative law.

Department profile by Vinson & Elkins LLP

·         Vinson & Elkins’ appeals include many high-dollar and high-profile matters that make significant law in multiple industries. The team has had a string of noteworthy appellate successes in the past several years and in addition, the group, which has long integrated appellate lawyers into cases at the trial level, achieved notable successes before trial courts.

·         Our Appellate group is known for working with our trial lawyers to handle litigation in a broad range of areas, including qui tam actions and securities, oil and gas/energy, the First Amendment, patent and intellectual property, bankruptcy, tax, commercial transactions, business torts, mass torts, catastrophic personal injury claims, condemnation and regulatory matters. The V&E Appellate practice is national in scope.

·         We have handled matters in the Supreme Court of the United States, as well as in the 2nd, 3rd, 4th, 5th, 7th, 8th, 9th, 10th, 11th, Federal and District of Columbia Circuits. In the state courts, we have successfully handled appeals in Alabama, California, Illinois, Kentucky, Louisiana, Mississippi, New Mexico, New York, Oklahoma, Texas and Wyoming.

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Overview

With the confirmation of the newest Associate Justice, the Supreme Court is poised to return to the business of deciding high profile and potentially divisive cases again. Since Justice Scalia's unexpected death in February of last year, the Supreme Court has been limited to an eight-member Court, which means the crucial fifth vote was missing in many controversial cases. Given this, the Court has issued narrow decisions and taken unprecedented steps in an apparent effort to avoid the need for that fifth-deciding vote.

The most glaring example of this is probably Zubik v Burwell. The case raised the question whether Department of Health and Human Services regulations governing insurance coverage of contraceptives violated the Religious Freedom Restoration Act. Shortly after oral argument, the Court ordered supplemental briefing and then took the extraordinarily unusual step of vacating the court of appeals' decisions and effectively urging the parties to consider settlement.

Of course, the Court could not rely on such unusual steps in every case and so was forced to affirm cases by an equally divided court, as in Friedrichs v California Teachers Association, and United States v Texas. The Court further issued narrow opinions, deciding cases on the narrowest of grounds. Such narrow decisions even drew accusations that the majority was "punt[ing] on the issue before" the Court. Encino Motorcars, LLC v Hector Navarro, (Justice Thomas joined by Justice Alito dissenting); see also Expressions Hair Design v Schneiderman, (Justice Sotomayor concurring in judgment), criticizing majority opinion for producing "a quarter-loaf outcome" by addressing "only part of one half of petitioners' First Amendment challenge".

Justice Scalia's passing also had a noticeable effect on the Court's docket. According to statistics maintained by SCOTUSBlog, the pace at which the Court granted cert petitions was noticeably down throughout 2016. The Court will end the October 2016 Term having heard argument in just 64 cases, which appears to be the fewest since World War II. Now that Justice Gorsuch has filled Justice Scalia's vacant seat, we will see whether the Supreme Court's docket rebounds.

Despite the constraints arising from an eight-member Court, some trends from prior years have continued. In particular, intellectual property issues have continued to figure prominently on that docket. Some of the cases that have been or will be decided include:

Samsung Electronics Co. v Apple, holding that in the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under Section 289 of the Patent Act need not be the end product but may be only a component of that product.

Star Athletica, LLC v Varsity Brands, addressing when a feature incorporated into the design of a useful article is eligible for copyright protection under the Copyright Act of 1976.

SCA Hygiene Products Aktiebolag v First Quality Baby Products, holding that laches cannot be invoked as a defense to a claim for damages brought within the six-year limitations period of Section 286 of the Patent Act.

Life Technologies Corporation v Promega Corporation, holding that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under Section 271(f)(1) of the Patent Act.

Lee v Tam, addressing whether the disparagement provision of the Lanham Act, 15 U.S.C. 1052(a), is facially invalid under the First Amendment.

Impression Products v Lexmark Int'l, addressing the scope of the patent-exhaustion doctrine.

TC Heartland LLC v Kraft Foods Group Brands LLC, addressing venue in patent infringement actions.

The Court has also continued to be active in the area of employment law. This Term it decided McLane Company, Inc. v EEOC, addressing the standard of review for orders enforcing or quashing an EEOC subpoena, and NLRB v SW General, Inc, addressing recess appointments under the Federal Vacancies Reform Act. In the October 2017 Term, the Court is already set to decide whether employers can compel employees to engage in individual arbitration and waive the ability to pursue work-related claims in a class or collective action – an issue that potentially pits the National Labor Relations Act against the Federal Arbitration Act. See Epic Systems Corp. v Lewis and National Labor Relations Board v Murphy Oil USA.

Class actions – another area of significant concern to businesses – also continue to be at issue on the Court’s docket. In the past Term, the Court focused primarily on technical issues. In Microsoft v Baker, the Court will address whether plaintiffs, after the denial of class certification, can stipulate to the dismissal of their individual claims while preserving the right to appeal the denial of certification. The case California Public Employees' Retirement System v ANZ Securities, Inc – one of the five cases that Justice Gorsuch heard this past April – involves the application of "American Pipe" tolling to the statute of limitations in Section 13 of the Securities Act. For the next Term, the Court may be in a position to resolve a circuit split over whether Rule 23 imposes an "ascertainability" requirement that there be an administratively feasible way of identifying putative class members. Compare, e.g. Briseno v Conagra Foods, Inc, with Carrera v Bayer Corp.

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Senior Statesmen

O'Melveny & Myers LLP

From the Chambers USA guide

The highly respected Walter Dellinger is a font of knowledge for Supreme Court appellate matters, earning a distinguished reputation for his work for public and private sector companies and pro bono clients in high-profile disputes.

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Senior Statesmen

Kirkland & Ellis LLP

From the Chambers USA guide

Veteran appellate practitioner Bartow Farr has argued 32 cases before the Supreme Court. He frequently advises on a range of appellate litigation matters, offering deep expertise in regulatory, legislative and business challenges.

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Senior Statesmen

Mayer Brown LLP

From the Chambers USA guide

The "phenomenal" Andrew Frey enjoys a distinguished reputation for his long track record of success in major appellate matters nationwide. He offers particular skills in defending against punitive damage awards, alongside wider strengths in class action, mass tort and white-collar crime work.

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Senior Statesmen

Stephen M Shapiro

Mayer Brown LLP

From the Chambers USA guide

Seasoned appellate practitioner Stephen Shapiro brings decades of experience to bear in high-stakes and high-value challenges, with notable expertise in Supreme Court procedure. His clients have included state and national governments, corporate entities and trade associations.

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Star Individuals

Kirkland & Ellis LLP

From the Chambers USA guide

Paul Clement is renowned as "one of the greatest advocates of our time" by market sources, who cite his "unparalleled experience" in precedent-setting public policy and business appeals. Clients say: "He spans the spectrum, being able to speak intelligently and persuasively in the most technical arcane legal argument as well as expressing that to people who aren't steeped in it."

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Star Individuals

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Former Solicitor General Theodore Olson is a towering figure in the appellate arena, with a deep well of experience in cases involving constitutional law, financial disputes and IP, among others. Most recently, he appeared in the Supreme Court to affirm a Congressional statute providing redress to victims of Iran-sponsored terrorism.

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Star Individuals

Sidley Austin LLP

From the Chambers USA guide

Carter Phillips is acclaimed as a "dean of the Bar" by admiring peers, having argued more than 80 cases in the Supreme Court across his illustrious appellate career. Sources laud his "tremendous ability" to "take a big-picture view" of a case.

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Star Individuals

WilmerHale

From the Chambers USA guide

Star practitioner Seth Waxman is heralded as "one of the finest appellate attorneys I've ever seen" by one client, who states that his "presence in court and the respect he demanded both from appellate judges and opposing counsel was tremendous." Waxman maintains an outstanding track record in high-stakes appellate challenges, most recently securing victory for Liberty Mutual at the Supreme Court in an ERISA dispute.

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Arnold & Porter Kaye Scholer LLP

From the Chambers USA guide

"Outstanding" Supreme Court advocate Lisa Blatt offers clients an excellent track record of success at the highest appellate levels, regularly representing clients in landmark business disputes nationwide. Clients reveal: "She really does a good job making everything seem conversational. She makes it look easy."

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Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

From the Chambers USA guide

The "extraordinary" Roy Englert comes highly recommended by interviewees, who regard him as a "standout advocate." Peers point out his enviable track record in major appellate challenges, where he frequently acts for clients in antitrust and bankruptcy cases.

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Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Miguel Estrada commands the respect of his peers, who recognize his "phenomenal combination of skills" and his "razor-like writing." Sources are quick to point out his broad range of appellate experience, revealing: "He understands the judges, he understands circuit precedent and how to present arguments in one circuit compared to another."

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David C Frederick

Kellogg, Hansen, Todd, Figel & Frederick, PLLC

From the Chambers USA guide

The "outstanding" David Frederick is a noted leader in the field, with clients benefiting from an impressive level of experience before the Supreme Court and in every federal circuit court of appeals. His clients span a range of corporate and public sector entities, private individuals, foreign governments and states.

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Latham & Watkins LLP

From the Chambers USA guide

The "phenomenal" Gregory Garre has enjoyed a string of high-profile successes at the highest appellate level, garnering considerable accolades for his recent success defending the University of Texas's admissions policy in the Supreme Court. Sources reveal: "If my life or business was on the line, he's the first person I would go to."

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Hogan Lovells US LLP

From the Chambers USA guide

Commentators laud Neal Katyal as "an authority in the appellate area," with peers labeling him as "a force to contend with." He has made multiple appearances at the Supreme Court, including making arguments in numerous constitutional, criminal and corporate disputes.

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Sidley Austin LLP

From the Chambers USA guide

Clients consider Peter Keisler to be "one of the top appellate lawyers in the country," citing in particular his skills as "a very gifted oral advocate." His wide-ranging expertise includes work in telecommunications, energy and transport.

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MoloLamken LLP

From the Chambers USA guide

Jeffrey Lamken of MoloLamken LLP is a regular presence at the Supreme Court, having argued 22 cases before the Court in areas spanning constitutional law, IP and telecommunications law, among others. Clients say: "Jeff writes exquisite motions that are very carefully researched and crafted. Judges give him complete credit and he does a tremendous job articulating the client's position."

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Mayer Brown LLP

From the Chambers USA guide

Clients hail Andrew Pincus's deep knowledge of Supreme Court procedure, particularly with regard to certiorari petitions. His broad appellate expertise includes work in high-stakes corporate and constitutional disputes, illustrated by his successful representation of Spokeo to overturn a Ninth Circuit loss. "Andy is one of the most brilliant lawyers I have worked with," enthuses one client. "He has a wonderful demeanor and is really highly regarded. He's able to move easily between the appellate world, arguing before the Supreme Court, and the political and policy world. He understands how the two worlds intersect and can advise you on how to move policy forward."

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Joshua Rosenkranz

Orrick, Herrington & Sutcliffe LLP

From the Chambers USA guide

New York-based Joshua Rosenkranz has a stellar reputation in appellate circles, with market sources declaring: "Josh is a magician – if there's anyone on Earth who can turn a sow's ear into a silk purse, it's him." Rosenkranz offers outstanding credentials in contentious and high-profile appeals, including leading on the recent victory for Microsoft at the Second Circuit.

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Williams & Connolly LLP

From the Chambers USA guide

Kannon Shanmugam "continues to shine," according to highly impressed interviewees. Clients report: "He's brilliant in terms of his legal analysis and skill, he knows how to boil down issues to their core facts, he can bring consensus to groups with a myriad of views, he's unflappable and his writing and oral advocacy skills are first-class."

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Kathleen M Sullivan

Quinn Emanuel Urquhart & Sullivan, LLP

From the Chambers USA guide

Name partner Kathleen Sullivan is firmly positioned at the forefront of the appellate field, making numerous appearances at state and federal courts in complex and high stakes appeals. Clients praise her "deep understanding of constitutional law" and commend her ability to "pose an argument that opens doors rather than closes them off."

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Theodore J Boutrous Jr

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Los Angeles-based Theodore Boutrous recently secured victory for Walmart at the Eighth Circuit in a shareholder derivative class action concerning alleged FCPA violations. His wide appellate experience has incorporated appearances at the Supreme Court, federal circuit courts of appeal and state Supreme Courts.

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Jones Day

From the Chambers USA guide

Peers consider Michael Carvin "a force to be reckoned with" and note his "wonderful work" in the appellate world. His highly respected appellate practice incorporates constitutional challenges, civil rights matters and civil litigation against the federal government.

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Vinson & Elkins LLP

From the Chambers USA guide

The "brilliant" John Elwood earns high praise from clients, who describe him as a "great writer with deep knowledge of the courts." His particular areas of strength include government contract claims, False Claims Act litigation and environmental and administrative law.

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Thomas C Goldstein

Goldstein & Russell, P.C.

From the Chambers USA guide

Thomas Goldstein of Goldstein & Russell, P.C. offers clients a significant level of expertise in Supreme Court procedure, regularly advocating for a range of public and governmental institutions, corporate clients and individuals. Sources also note his skills in lower courts, describing him as a "major force in circuit court cases."

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Douglas Hallward-Driemeier

Ropes & Gray LLP

From the Chambers USA guide

Douglas Hallward-Driemeier of Ropes & Gray LLP is valued as "one of the leading practitioners in administrative appellate law" by clients. He offers impressive skills in a wide range of subject areas, acting in appeals concerning First Amendment matters, civil rights, criminal law and wider corporate disputes.

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Kellogg, Hansen, Todd, Figel & Frederick, PLLC

From the Chambers USA guide

Michael Kellogg focuses his highly regarded practice on antitrust and regulatory matters, attracting acclaim as "a leader in communications law." Market sources laud his advocacy skills, revealing that "his keen intellect and writing make him a top choice for anyone with a serious appellate issue."

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Christopher Landau

Kirkland & Ellis LLP

From the Chambers USA guide

Peers regard department head Christopher Landau as an "excellent lawyer." He has highly-prized skills in cases involving constitutional, legislative and corporate issues. Recent activity includes successfully leading DIRECTV's challenge to state court judgments concerning the enforceability of arbitration agreements.

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Covington & Burling LLP

From the Chambers USA guide

Robert Long of Covington & Burling LLP is "particularly knowledgeable in financial services cases," according to impressed peers. Additional capabilities includes expertise in regulatory and public policy challenges, alongside strengths in antitrust litigation.

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Morrison & Foerster LLP

From the Chambers USA guide

Sources highlight Deanne Maynard for her "abundance of legal experience, excellent communication and analytic skills." She attracts particular praise for her expertise in IP appeals, alongside strong abilities in antitrust and bankruptcy cases.

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Band 3

O'Melveny & Myers LLP

From the Chambers USA guide

Jonathan Hacker earns repeated praise for his "outstanding written product," with peers in the field impressed by his "bullet-proof performances in difficult cases." He chairs the firm's appellate practice and frequently assists clients in complex commercial, criminal and constitutional matters.

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Band 3

Morgan, Lewis & Bockius LLP

From the Chambers USA guide

Allyson Ho of Morgan, Lewis & Bockius LLP is described as "very sharp and very good at dissecting a case." She attracts further praise for her client service, with interviewees commending her "zealous advocacy" and describing her as "a gem of a person to work with."

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Band 3

Goodwin

From the Chambers USA guide

William Jay of Goodwin is deemed "an emerging superstar" by fellow practitioners, who note his "terrific reputation for the quality of his work." Recent Supreme Court arguments have included major IP disputes, alongside wider appellate experience in securities, environmental law and class actions.

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Band 3

King & Spalding LLP

From the Chambers USA guide

The "excellent" Daryl Joseffer is noted in particular for his "incredible advocacy" in patent and IP appeals, with sources praising his "good sense of the courts, how they approach these issues and what might be persuasive." Interviewees further commend his "excellent writing" and "top-quality briefs."

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Band 3

Jones Day

From the Chambers USA guide

Glen Nager attracts plaudits for his "smart and responsive" advocacy, alongside his "good client focus." He regularly represents clients in high-stakes appellate litigation, in fields including environmental law, class action, employment and civil rights.

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Band 3

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Mark Perry is characterized as "a real first-rate mind" and "one of the dominant forces on the federal circuit." His respected practice covers IP law and financial services disputes, among others.

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Band 3

Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

From the Chambers USA guide

The "terrific" Lawrence Robbins has argued 18 cases before the Supreme Court, alongside frequent appearances at numerous federal courts of appeal and before administrative agencies. His clients include a range of private individuals and corporations.

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Band 3

Mayer Brown LLP

From the Chambers USA guide

Charles Rothfeld is picked out by market sources as a "great brief writer" who "puts together legal arguments that are so powerful that they're hard to argue with." He offers skills in a wide array of appellate matters, including constitutional law, international law and wider corporate disputes.

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Band 3

Akin Gump Strauss Hauer & Feld LLP

From the Chambers USA guide

Pratik Shah comes highly recommended by clients for his "uniformly high-quality work," with sources pointing to his skills as "both an excellent writer and a poised, effective advocate." He maintains an active federal court practice, including recently representing Propel Financial Services at the Fifth Circuit.

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Band 3

Catherine E Stetson

Hogan Lovells US LLP

From the Chambers USA guide

Catherine Stetson enjoys a "terrific" reputation for her strengths in federal and state appellate work, attracting particular acclaim for her strong track record challenging governmental action in the DC Circuit. Clients describe her as "exceptional."

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Band 3

Mayer Brown LLP

From the Chambers USA guide

Evan Tager maintains an active presence across federal and state appellate courts, attracting a strong reputation in business disputes and punitive damages claims. Clients say: "Evan's briefs are always a model of clarity and extremely persuasive. He will aggressively push the development of the law in the direction his clients need."

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Band 3

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Helgi Walker maintains a broad appellate practice, with notable expertise in the telecommunications sector. Sources describe her as "a great lawyer – tough as nails and extremely good in her presentation."

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Band 4

J Scott Ballenger

Latham & Watkins LLP

From the Chambers USA guide

Clients praise Scott Ballenger's collaborative approach, revealing he is "as much a colleague as our in-house counsel." His appellate practice has led him to appear in a broad range of federal and state courts, in disputes concerning antitrust, business law, constitutional matters and white-collar crime.

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Band 4

Latham & Watkins LLP

From the Chambers USA guide

Richard Bress offers deep experience in appellate litigation, which extends to handling dispositive motions in trial court matters. Clients describe him as "very approachable, very pleasant and clearly very smart."

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Band 4

King & Spalding LLP

From the Chambers USA guide

Clients highlight Jeff Bucholtz's ability to "develop and advance a novel argument persuasively" and value his "marvelous depth of knowledge" in appellate litigation. He offers considerable skills in life sciences matters, including appealing FDA actions.

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Band 4

Winston & Strawn LLP

From the Chambers USA guide

The "impressive" Linda Coberly of Winston & Strawn LLP provides clients with expertise in commercial and corporate appellate matters, with notable strengths in class action claims, securities disputes and trade secrets work. She chairs the firm's appellate and critical motions practice and is resident in the firm's Chicago office.

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Band 4

Munger, Tolles & Olson LLP

From the Chambers USA guide

Los Angeles-based Daniel Collins of Munger, Tolles & Olson LLP is described as "top of my list for the Ninth Circuit" by one enthused client, who points out his "tremendous writing skills" and ability to "cut to the core of a matter very quickly." He also appears in state court appeals, including the California Supreme Court.

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Band 4

William S Consovoy

Consovoy McCarthy Park PLLC

From the Chambers USA guide

New entrant William Consovoy of Consovoy McCarthy Park PLLC comes highly commended as a "creative thinker" and an "incredibly poised" advocate. Recent activity includes arguing in the Supreme Court in the Spokeo v Robins class action dispute and in the Evenwel v Abbott case concerning the Fourteenth Amendment.

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Band 4

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Thomas Dupree is noted as a "constitutional scholar" and a "master of diplomacy and tact" by enthused clients. His appellate experience extends to cases involving punitive damages, products liability and federal agency and legislative challenges.

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Band 4

Jonathan S Franklin

Norton Rose Fulbright

From the Chambers USA guide

Norton Rose Fulbright's Jonathan Franklin frequently acts on patent appeals before the Federal Circuit, and possesses wider skills in fraud disputes, agency challenges and financial services cases. He has argued seven cases before the Supreme Court.

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Band 4

Sidley Austin LLP

From the Chambers USA guide

Practice co-leader Joseph Guerra is called upon for his extensive knowledge of appellate litigation in fields including energy, financial services and telecommunications. He also regularly assists in trial court litigation.

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Band 4

Mayer Brown LLP

From the Chambers USA guide

Rising star Dan Himmelfarb is described as "impressive all-around" by commentators, who note his "significant appellate court experience." He has attained a wealth of knowledge in appeals concerning torts, contract disputes, Native American law and constitutional matters.

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Band 4

Kirkland & Ellis LLP

From the Chambers USA guide

Clients call upon Jay Lefkowitz for his considerable skills in antitrust, products liability and wider commercial disputes. Additional areas of strength include litigation against the FDA and shareholder litigation. He is based in the firm's New York office.

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Band 4

Matthew D. McGill

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

The "very talented" Matt McGill recently argued at the Supreme Court for BlueMountain Capital to challenge Puerto Rican bankruptcy legislation, and enjoys a growing reputation in major appellate cases. Clients regard him as "very good in court and in terms of doing the analysis and putting things into perspective."

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Band 4

Perkins Coie LLP

From the Chambers USA guide

Eric Miller practices in the Seattle office of Perkins Coie LLP, offering recognized skills in significant appeals across both state and federal courts. Peers characterize him as "extremely sharp" and commend him as "a devastatingly effective writer who produces amazingly clear prose."

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Band 4

Kirkland & Ellis LLP

From the Chambers USA guide

The "terrific" Erin Murphy is described as "very talented and intelligent" by impressed sources. Her broad practice incorporates both state and federal court work, with recent experience handling appeals in the DC Circuit, Sixth Circuit and in Alaska state court.

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Band 4

Morrison & Foerster LLP

From the Chambers USA guide

Peers note Joseph Palmore as "a really terrific advocate" and "a very articulate writer." His broad appellate practice has encompassed work in financial services disputes, telecom matters and regulatory challenges.

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Band 4

Kellogg, Hansen, Todd, Figel & Frederick, PLLC

From the Chambers USA guide

Interviewees commend Aaron Panner for his "exceptional judgment and experience," which he brings to bear in a broad range of antitrust, IP, property and telecommunications matters. One client reveals that "he is among the brightest people that I've ever worked with."

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Band 4

King & Spalding LLP

From the Chambers USA guide

Ashley Parrish offers strengths in a broad range of energy litigation matters, including regulatory appeals and challenges to agency actions. He offers wider skills in healthcare, labor, products liability and bankruptcy litigation work.

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Band 4

Morgan, Lewis & Bockius LLP

From the Chambers USA guide

David Salmons of Morgan, Lewis & Bockius LLP offers strengths in regulatory and constitutional challenges, including work in fields including environmental law, administrative matters and bankruptcy litigation. Clients praise his "top-notch oral arguments" and "very good litigation strategy."

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Band 4

Alan E Untereiner

Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

From the Chambers USA guide

Alan Untereiner is active in a broad variety of civil and criminal appellate cases, frequently appearing before a range of state and federal courts nationwide. His additional strengths include financial services disputes, First Amendment issues and white-collar crime matters.

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Band 4

WilmerHale

From the Chambers USA guide

The "highly skilled" Paul Wolfson is recommended as "extremely good to work with" by clients. His broad appellate practice has incorporated work in patent appeals, antitrust work and legislative challenges. He offers niche expertise acting for universities in connection with sexual misconduct policies under Title IX.

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Band 4

Christopher Wright

Harris, Wiltshire & Grannis LLP

From the Chambers USA guide

Christopher Wright of Harris, Wiltshire & Grannis LLP is described as "thoughtful, insightful and helpful" by commentators, who often turn to him for appeals in the telecoms field. His appellate practice benefits greatly from his prior role as general counsel of the FCC.

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Up and Coming

Melissa Arbus Sherry

Latham & Watkins LLP

From the Chambers USA guide

Melissa Arbus Sherry attracts impressive praise from peers in the field, who note her "great reputation for written work and oral advocacy." She has argued ten cases before the Supreme Court, offering expertise in appellate proceedings concerning IP, securities, international law and employment discrimination.

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Up and Coming

Orrick, Herrington & Sutcliffe LLP

From the Chambers USA guide

Eric Shumsky enjoys a broad appellate practice, with recent work encompassing constitutional law, technology and bankruptcy in a range of state and federal courts. Sources define him as "a savvy appellate lawyer," revealing he is "quick on his feet" and "able to manage an argument and push his points well."

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Up and Coming

Danielle Spinelli

WilmerHale

From the Chambers USA guide

Danielle Spinelli is commended as a "terrific writer" by clients, who cite her "truly confidence-inspiring professionalism" as a key strength. She offers particular strengths in bankruptcy and Native American law matters, alongside wider appellate experience in antitrust, insurance and international trade work.

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Up and Coming

Stris & Maher LLP

From the Chambers USA guide

Peter Stris of Stris & Maher LLP enjoys a rising profile in appellate litigation, with clients including a range of plaintiffs, governmental institutions and corporate entities. Interviewees describe him as a "polished advocate" and "a really smart strategist," also noting his "excellent oratory skills."

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