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USA Guide

Appellate Law — USA - Nationwide

Overview

Chambers Appellate Overview 2018

by Sidley Austin LLP

Litigants, lawyers, and legal commentators alike are watching the Supreme Court with bated breath. On the first Monday in October 2017, the Justices returned from their annual summer recess and began grappling with a wide range of exceptionally important legal issues. In just the first two weeks of the term, the Court heard arguments in at least three “blockbuster” cases. One of those cases, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111, pits allegations of unlawful sexual-orientation discrimination against First Amendment values of free speech and free exercise of religion. Another, Epic Systems Corporation v. Lewis, No. 16-285, concerns the enforceability of arbitration agreements that prevent employees from collectively pursuing work-related claims. And perhaps the most politically charged case of the term, Gill v. Whitford, No. 16-1161, asks the Court to develop the judicial standards for assessing claims of unlawful partisan gerrymandering.

Some of the other prominent cases that will be decided this term include:

Carpenter v. United States, No. 16-402, presenting the question of whether the warrantless acquisition of cell-site location data, over 127 days, violates the Fourth Amendment.

Husted v. A. Philip Randolph Institute, No. 16-980, presenting the question of whether Ohio’s process for maintaining voter-registration lists, which is partly based on voter inactivity, violates the National Voter Registration Act.

National Institute of Family and Life Advocates v. Becerra, No. 16-1140, presenting the question of whether family-planning disclosures required by the California Reproductive FACT Act violate the Free Speech Clause.

Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, presenting the question whether public-sector “agency shop” arrangements violate the First Amendment.

Lucia v. Securities and Exchange Commission, No. 17-130, presenting the question of whether Securities and Exchange Commission administrative law judges are Officers of the United States under the Appointments Clause.

Trump v. Hawaii, No. 17-965, presenting the question of whether Presidential Proclamation No. 9645, which bans immigration from several Muslim-majority countries, violates the Immigration and Nationality Act and the Establishment Clause.

Despite the prevalence of these high-profile cases, the Court has worked through its docket at a slower-than-usual pace. According to data compiled by Empirical SCOTUS, the Court was on course to issue “the fewest signed opinions by March 27 for any term since Chief Justice John Roberts was confirmed.” And by the end of the March sitting, two-thirds of the way through the term, the Court had issued only 17 opinions in argued cases. Other metrics confirm that the Court has taken a measured approach this term. Plenary review with oral argument is ordinarily granted in roughly 80 cases per year. But by the end of October Term 2017, the Court will have heard argument in just 63 cases—one of the lowest totals in recent memory.

With the emergence of Justice Gorsuch, the Court is no longer short-staffed. During his first full term, Justice Gorsuch has thus far authored three majority opinions. See Murphy v. Smith, No. 16-1067; SAS Institute Inc. v. Iancu, No. 16-969; Texas v. New Mexico, No. 141, Orig. Hints of Justice Gorsuch’s judicial philosophy emerged in Artis v. District of Columbia, No. 16-460, where, dissenting, he implored the majority to consider the “original reasons” and “rich common law . . . tradition” behind a statutory tolling provision. Justice Gorsuch wrote or joined two notable opinions relating to orders, which signaled his hostility toward judicial deference to administrative agencies. See Scenic Am., Inc., v. Department of Transportation, No. 16-739 (Gorsuch, J., statement respecting the denial of certiorari) (questioning whether deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), is owed to an agency’s interpretation of contractual terms); see also Garco Constr., Inc. v. Speer, No. 17-225 (Thomas, J., dissenting from the denial of certiorari, joined by Gorsuch, J.) (encouraging the Court to overrule Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945)).

Although there is still much to anticipate over the last two months of this term, the Court has already issued opinions in several significant cases, including:

Jennings v. Rodriguez, No. 15-1204, holding that the Ninth Circuit misapplied the canon of constitutional avoidance in concluding that certain immigration detention statutes must be read to require periodic bond hearings.

Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, holding that the Securities Litigation Uniform Standards Act of 1998 did not strip state courts of jurisdiction to adjudicate class actions alleging only violations of the Securities Act of 1933 or authorize removing such actions from state court.

Sessions v. Dimaya, No. 15-1498, holding that 18 U.S.C. §16(b), which defines “crime of violence” for purposes of the Immigration and Nationality Act’s removal provisions, is unconstitutionally vague.

Class v. United States, No. 16-424, holding that a guilty plea, alone, does not bar a federal criminal defendant from challenging the constitutionality of the statute of conviction.

Jesner v. Arab Bank, PLC, No. 16-499, holding that foreign corporations may not be sued under the Alien Tort Statute.

Hall v. Hall, No. 16-1150, holding that when one of several cases consolidated under Federal Rule of Civil Procedure 42(a) is finally decided, that decision confers an immediate right to appeal.

Digital Realty Trust, Inc. v. Somers, No. 16-1276, holding that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who fails to report a violation to the Securities and Exchange Commission.

Nonetheless, the Court has preserved some bandwidth for a handful of important intellectual property issues. For example, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712, the Court held that inter partes review—an adversarial proceeding conducted by the Patent Trial and Appeal Board—does not violate the Seventh Amendment. And in another case concerning the inter partes review process, SAS Institute Inc. v. Iancu, No. 16-969, the Court held that, consistent with statutory directives, the Board must decide the patentability of all claims that the petitioner has challenged.

The Court has also decided a few consequential bankruptcy cases this term. For instance, in U.S. Bank National Association v. Village at Lakeridge, LLC, No. 15-1509, the Court held that a Bankruptcy Court’s determination of non-statutory “insider status” must be reviewed for clear error, rather than de novo. And in Merit Management Group, LP v. FTI Consulting, No. 16-784, the Court held that the Bankruptcy Code’s “securities safe harbor” provision does not prohibit courts from avoiding fraudulent transfers, even if those transfers pass through intermediaries acting as securities-clearing agencies.

All in all, the Court will have issued highly anticipated opinions in an array of important cases this term. With a remarkable comeback from a historic vacancy and subsequent period of inertia, the Court is back to the business of deciding cases that profoundly impact American life—touching on issues like sexual-orientation discrimination, abortion, voting rights, immigration, digital privacy, workers’ rights, religious liberties, and more. For good reason, then, Justice Ginsburg has said that October Term 2017 will prove to be “momentous.”

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Gibson, Dunn & Crutcher LLP - Appellate Law Department

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Chambers Commentary (based on the Chambers research)

What the team is known for Maintains its premier standing in the appellate arena, calling upon a formidable array of outstanding litigators to offer a wealth of experience before the US Supreme Court and state and federal courts nationwide. Makes frequent appearances in high-value and far-reaching matters, with notable experience in constitutional law, legislative challenges and wider business disputes. Its impressive client base spans a range of leading multinationals, trade associations and financial institutions.

Strengths Interviewees say: "It is an unusual concentration of top-tier lawyers in one firm. They are all-stars practicing at the top of the pack, yet ruthlessly focused on client service. It offers excellence and humility in one package."

One client notes: "Their brief in the appellate court was probably the single most powerful piece of written advocacy I have seen in my career."

Sources add: "The firm is top-notch and has a remarkably intuitive understanding of constitutional law."

Work highlights Obtained a unanimous Supreme Court reversal in favor of insurer Coventry Health Care, with the court finding the Federal Employees Health Benefits Act overrides state laws barring subrogation and reimbursement.

Appeared in Christie v NCAA to defend the State of New Jersey's legalization of sports wagering in the state.

Notable practitioners

Theodore Olson is hailed as a "force of nature" by fellow practitioners and is a universally recognized star of the appellate Bar. He has an outstanding track record in landmark appeals, making frequent appearances at the Supreme Court in high-profile constitutional disputes, commercial matters and wider statutory questions.

The "terrific" Miguel Estrada enjoys the consummate adulation of peers, with sources citing his "fabulous, fierce prose" as a particular strength. He maintains an active practice representing clients in high-stakes and high-exposure cases, demonstrated by his recent role defending Dakota Access in multiple appeals challenging the construction and operation of the Dakota Access pipeline in North Dakota.

Theodore Boutrous is a redoubtable presence in the appellate sphere, with his nationwide reach augmenting his strong constituency in the Ninth Circuit. He represents corporate heavyweights in appeals in areas including arbitration agreements and insurance issues. A client says: "He has the incredible knack of picking the winning argument and his oral advocacy skills are peerless. He picks the right point in response to every question without even blinking."

The "absolutely phenomenal" Mark Perry receives glowing reports for his vibrant appellate practice, which has a notable focus on patent cases and false claims matters. One client notes: "He is very prepared from a legal perspective, and he knows the cases inside and out. He had the answers before the judges had the questions."

Allyson Ho enjoys a growing reputation on the national stage, with numerous appearances before a range of state and federal appellate courts. Her strong credentials include notable experience in the Supreme Court, where she has recently argued in a number of major business appeals. Sources say: "She is exceptionally gifted at oral arguments, she's as smooth as silk."

Clients highlight Helgi Walker for her "ability to identify arguments that will resonate with judges and get results in court," offering praise for her skills in "breaking down abstract issues to their simplest form." She chairs the firm's administrative law and regulatory practice and offers particular expertise in telecommunications disputes.

" Constitutional scholar" Thomas Dupree is noted as an emerging force in the appellate sphere, garnering accolades for his "elegant and powerful written work" and his ability to "grasp key issues and present briefs in a logical way." He has broad strengths in cases concerning intellectual property, regulatory challenges, class actions and product liability.

Caitlin Halligan's credentials in the appellate field are considerably burnished by her prior role serving as the Solicitor General of New York. She offers a wealth of experience in high-stakes appeals, with notable strengths in the consumer fraud, privacy and wider internet-related matters. Peers describe her as a "very talented appellate lawyer" and note her "impressive track record" in disputes work.

Matthew McGill is described as "extremely commercial and poised in front of the courts" by market sources. He has a wide-ranging appellate practice, which includes significant expertise in intellectual property matters.

About the Team (content provided by Gibson, Dunn & Crutcher LLP)

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

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Kirkland & Ellis LLP - Appellate Law Department

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Chambers Commentary (based on the Chambers research)

What the team is known for Esteemed appellate group with a wealth of experience practicing before the US Supreme Court, state appellate courts and wider federal courts of appeals. Offers an integrated litigation and appellate practice with expertise in a broad array of disputes work, with notable recent activity in cases concerning arbitration clauses, Securities Act issues and patent appeals in the Federal Circuit. Counts a number of former governmental luminaries among its distinguished team of high-caliber appellate advocates.

Strengths Clients say: "They are brilliant, clear thinkers. Their briefs flow beautifully and are easy to read, and they are also incredibly responsive to client needs and requests."

Work highlights Appeared in the Supreme Court for ANZ Securities to affirm the dismissal of a suit brought by California Public Employees Retirement System, successfully arguing that the three-year statute of repose under the Securities Act cannot be tolled under the precedent set in the Supreme Court's 1974 decision in American Pipe & Construction Co. v Utah.

Acted for Alcoa Power Generation before the Fourth Circuit in a property dispute with the State of North Carolina, successfully arguing that Alcoa held title to a 45-mile segment of riverbed underlying a hydroelectric power project.

Notable practitioners

Bartow Farr's distinguished career includes an impressive tally of 32 arguments before the Supreme Court. He is in demand as a source of authoritative expertise in some of the most significant appellate cases handled by the firm.

Paul Clement is acclaimed as "a giant of the field" and "probably the most talented Supreme Court advocate of his generation" by fellow practitioners. His impressive record in private practice is augmented by his former appointment as Solicitor General of the United States, with clients calling upon his outstanding skills in major appellate disputes and constitutional litigation. Sources hail his virtuosity and prowess in the courtroom, revealing: "It's amazing to watch him: Watching Paul Clement in court is like watching Fred Astaire dance."

Jay Lefkowitz is noted as a "a tenacious litigator" by peers, gaining particular recognition for his work on healthcare cases, medical device disputes and pharmaceuticals matters. Interviewees commend his "extraordinarily practical" demeanor, revealing he is "brilliantly smart and a good communicator."

The "terrific" Erin Murphy enjoys a growing reputation in the appellate field, with fellow practitioners labeling her "a very talented lawyer." Her broad appellate practice includes experience in disputes concerning land and property rights, energy law, labor matters and the Affordable Care Act.

About the Team (content provided 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; 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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Sidley Austin LLP - Appellate Law Department

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Chambers Commentary (based on the Chambers research)

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. Counts a number of household names in the financial services, life sciences and industrial sectors among its clients, alongside an active practice representing individuals in civil rights disputes.

Strengths Clients say: "It is a very intelligent and experienced group of litigators, most of whom have clerked for appellate or Supreme Court justices. It's one of the top law firms in this area of the law, with impressive credentials and experience."

One source adds: "Sidley knows what I need as an in-house counsel. They are sensitive to our budget issues and the pressure for quick and accurate turnaround times."

Work highlights Appeared in the Supreme Court for Life Technologies to reverse a Federal Circuit decision in a patent infringement case, successfully arguing that the supply of a single component of a multicomponent patented invention for manufacture abroad does not give rise to liability under the Patent Act.

Represented Alejandro Rodriguez at the Supreme Court to defend a Ninth Circuit ruling which requires bond hearings every six months for certain classes of immigrant detainees.

Notable practitioners

Carter Phillips is a voice of authority in appeals before the US Supreme Court, calling upon a wealth of accumulated knowledge to advise clients on a broad array of constitutional issues, administrative law matters and wider commercial disputes. Clients say: "Carter is the best of the best in appellate litigation. He understands and is able to articulate the most complex legal issues in clear terms."

Peter Keisler is regarded as a "phenomenal" advocate, with sources highlighting his superior brief writing as well as his proficiency in oral argument. He is particularly well known for his work in high-stakes energy and environmental cases, alongside strengths in telecommunications, transportation and healthcare matters. Sources cite his ability to "change the judges' minds" as a particular strength and commend the "fabulous quality" of his briefs.

Joseph Guerra is described as an "extraordinary" advocate by interviewees, who note his "attention to detail and presentation" as key strengths. He handles both trial work and appellate matters, with experience in constitutional, statutory and administrative law disputes.

About the Team (content provided by Sidley Austin LLP)

For more information on the practice, please visit the practice's page at: https://www.sidley.com/en/services/supreme-court-and-appellate

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WilmerHale - Appellate Law Department

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Chambers Commentary (based on the Chambers research)

What the team is known for Widely considered a leading light in technically complex cases and regulatory challenges, including considerable strengths in intellectual property disputes before the Supreme Court and the Federal Circuit. Draws from 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: "When we have huge issues we go to WilmerHale. For a large firm they are able to move on a dime and that is something we really value."

Interviewees add: "The firm is very thorough and professional. Their work product is consistently thoughtful and well prepared."

Work highlights Successfully represented a group of truck drivers at the US Supreme Court whose jobs were terminated by Jevic Transportation when it filed for bankruptcy.

Represented Braintree Laboratories at the Federal Circuit to reverse a district court's grant of summary judgment of noninfringement for Breckenridge Pharmaceutical, following a patent dispute concerning Breckenridge's planned generic version of Braintree's SUPREP laxative drug.

Notable practitioners

Practice cochair Seth Waxman is recognized as an appellate "powerhouse," with sources lauding his tremendous capabilities in regulatory, commercial and governmental challenges. Clients benefit from his record of over 75 oral arguments before the US Supreme Court, alongside multiple appearances in state courts and wider federal circuits.

Interviewees describe Danielle Spinelli as "extraordinarily smart," noting her "very good academic knowledge" and her "detailed and methodical arguments." She offers particular strengths in bankruptcy matters, alongside wider strengths in Native American law, constitutional law, criminal matters and wider commercial litigation.

Paul Wolfson is described as "a wonderful writer and a phenomenal thinker" by market sources. His practice focuses on Supreme Court and wider appellate matters, with experience acting for universities, governmental entities and corporations in a broad spectrum of disputes work.

About the Team (content provided 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 Department

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Chambers Commentary (based on the Chambers research)

What the team is known for Prolific appellate practice, with attorneys who are regular fixtures in high-stakes appeals in the Supreme Court, DC Circuit and wider state and federal appellate courts. Particular areas of strength include technology, energy and automotive disputes, alongside significant expertise in high-profile regulatory and constitutional challenges.

Strengths Clients say: "Their appellate lawyers are first-rate, with one of the best reputations in the field. They are particularly adept at parachuting into cases where they are not sector experts - they can digest matters quickly and present them effectively and cogently."

Interviewees note the firm's "intellectual heft" and praise its "great appellate team who are experts in Supreme Court arguments."

Work highlights Acted for the State of Hawai‘i and Dr. Ismail Elshikh before the Ninth Circuit to successfully defend a preliminary injunction against an executive order issued by President Trump which suspended entry into the USA by nationals of six countries. The firm subsequently persuaded the Supreme Court to reject the government’s request to temporarily reinstate the entire suspension pending merits review.

Represented Bristol-Myers Squibb before the Supreme Court in an appeal in relation to a product liability class action over the drug Plavix. The firm successfully reversed a decision in the Supreme Court of California, which had held that the company’s business in California was enough for state courts to invoke specific jurisdiction over the nonresident plaintiffs’ claims.

Notable practitioners

The "superb" Neal Katyal enjoys a remarkably active presence in the Supreme Court and is regularly sought out by clients to represent them on some of the most significant appeals on the docket. He regularly handles major business appeals as well as highly publicized cases in the political and regulatory sphere. Interviewees say: "He's just very good at responding to the questions and he really understands what the Justices need when arguing in the Supreme Court. He's really skilled at communicating with them, understanding what they're asking and conveying a satisfactory response."

Catherine Stetson is widely lauded for her impressive record in the DC Circuit, alongside considerable experience practicing before the Supreme Court, state appellate courts and wider federal courts of appeal. Sources say: "Her briefs are beautifully written and when she is arguing the judges feel like they are having a conversation with her."

About the Team (content provided 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 Department

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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 knowledgeable practitioners with numerous Supreme Court victories. Acts on a markedly broad caseload, with experience in appeals concerning governmental regulation, intellectual property, bankruptcy and constitutional law. Also able to draw upon the significant resources and specialties of this far-reaching global firm.

Strengths Clients report: "The firm blends size and substance. It has the scale to handle large, complex matters and the substantive firepower to deliver high-quality work at that scale."

One interviewee adds: "For our dollar they provide some of the best value, and we like their one-firm culture."

Interviewees add: "The service was exceptional and the work was of the highest quality."

Work highlights Represented SW General against the NLRB before the Supreme Court, in a case involving the President's ability under the Federal Vacancies Reform Act to fill high-level vacancies without the Senate's consent. The firm successfully argued that the President could not install a permanent nominee in the office as an acting official without Senate approval.

Acted for Laroe Estates before the US Supreme Court in a dispute over when intervenors as of right must independently demonstrate Article III standing, following Laroe's attempt to intervene in a suit brought by an individual plaintiff against the Town of Chester.

Notable practitioners

Michael Carvin is described as a "talented" and "effective" advocate, with one fellow practitioner noting him as "one of the most intuitive lawyers I have ever met." His impressive practice encompasses politically significant appeals, with a wealth of experience in high-profile challenges to federal government decisions.

Glen Nager is characterized as "a brilliant strategist" by market sources, who commend his ability to "work well with others." He earns particular acclaim for his experience in employment disputes, alongside wider strength in appeals concerning civil rights, intellectual property and government contract matters.

About the Team (content provided 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 Department

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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, intellectual property and product liability claims.

Notable practitioners

David Frederick is widely respected by sources as a "superstar" appellate practitioner and a "leading light of the plaintiff Bar." He is a frequent fixture in the Supreme Court, federal appellate courts and numerous state supreme courts, with experience acting for a broad array of corporate clients, individuals, governmental entities and states.

Founding partner Michael Kellogg is a recognized expert on telecommunications law, as well as a highly regarded appellate lawyer. He additionally advises on antitrust and wider regulatory issues.

Aaron Panner is respected by peers for his appellate work, with particular strengths in disputes involving antitrust and telecommunications matters. Sources describe him as a "brilliant writer."

About the Team (content provided 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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Latham & Watkins LLP - Appellate Law Department

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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, alongside wider strengths in the professional services sector, tax disputes and criminal law matters.

Strengths One client reports: "The team members are articulate, insightful and care about the client’s input. The fact that most had clerked for Supreme Court Justices provided great information about certain expectations and process."

Sources praise the team's "careful thought and analysis" and its "very collegial work ethic."

Work highlights Represented the Florida Department of Environmental Protection before the Supreme Court, in a dispute over the State of Georgia's alleged overconsumption of water in the Chattahoochee and Flint River basins. The firm attempted to overturn a lower court decision which denied the State of Florida's request for injunctive relief.

Represented the US Soccer Federation at the Seventh Circuit in a dispute over a tequila advertisement set to run before the 2014 World Cup. The firm successfully argued that an arbitrator exceeded his authority in deciding that the advertisement could not run without player approval.

Notable practitioners

Gregory Garre is described by one peer as an appellate “rock star," with sources hailing his "endless list of accomplishments and wins in unwinnable cases.” His impressive tally of arguments before the Supreme Court is supported by a strong presence in wider appellate courts, with experience in cases concerning affirmative action policies, environmental disputes and wider constitutional and regulatory challenges. Sources say: "He is phenomenally good to work with and is also a really thoughtful listener."

Scott Ballenger has a wide-ranging appellate practice, with experience practicing before the Supreme Court and other state and appellate courts. He acts on a broad spectrum of disputes work, with expertise in cases involving antitrust, intellectual property, regulatory matters and wider corporate issues.

Richard Bress offers solid strengths in appellate litigation, with notable focus on administrative law questions and appeals involving a range of governmental agencies. A client reports: “He is an excellent advocate, a strategic thinker and a fantastic writer. He made a very strong oral argument in our case: it was an all-around top-notch performance.”

Fellow practitioners praise Melissa Arbus Sherry as a "very, very talented lawyer," singling out her skills as a "very effective writer" and describing her as "unflappable in court." She enjoys a growing reputation for her Supreme Court and appellate practice, with expertise in areas including intellectual property, healthcare, personal jurisdiction and international law.

About the Team (content provided 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 Department

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Chambers Commentary (based on the Chambers research)

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. Acts for an impressive client base which includes a number of leading charities, interest groups and governmental bodies, as well as financial services firms and wider corporates.

Strengths One client says: "The attorneys we work with are among the most professional, generous, and intellectually engaged counsel I know. Their strategic thoughts span every forum and connect doctrinal dots and issues at the highest level. And they are kind, courteous and responsive, no matter how intense the circumstances."

Source report: "It's a group of experienced, collaborative and client-driven specialists, who deliver wise and actionable counsel and top-flight advocacy."

Interviewees add: "They are extremely skilled and knowledgeable lawyers and produce written work of the highest quality. The Mayer Brown folks are incredibly strategic, thinking not just about the case but about the development of the law and its effects for repeat-player litigants nationwide."

Work highlights Represented Impression Products against Lexmark in the Supreme Court to reverse a Federal Circuit decision which had found a patentee may impose patent-based post-sale restrictions on an article’s use or resale regardless of the patent exhaustion doctrine and that foreign sales do not exhaust US patent rights.

Appeared in the Supreme Court for Kindred Nursing Centers, which sought to compel the families of two nursing home residents to submit their complaints to arbitration. The firm secured the reversal of a Kentucky Supreme Court decision.

Notable practitioners

Andrew Frey is an appellate veteran, with an illustrious reputation for his skills in high-profile disputes heard before a range of state and federal courts. Sources say: “He is an appellate superstar and an extremely creative legal thinker.”

Stephen Shapiro continues to attract large corporate clients, who turn to him for his formidable experience in handling commercial and politically significant appeals. Recent work has included a challenge to an award of attorney fees relating to a class action.

Andrew Pincus is a leading light of the appellate Bar, making frequent appearances in high-stakes and high-profile Supreme Court arguments. His broad appellate practice includes extensive experience in constitutional matters and business issues, with notable recent activity in disputes concerning contractual arbitration provisions. Sources report: "Andy Pincus is without a doubt one of the most stellar advocates in the country - at the Supreme Court, in the lower courts, in the non-court advocacy space and in counseling behind closed doors."

Charles Rothfeld receives plaudits for his "terrific work" in the appellate space, with clients benefiting from his wide-ranging experience in litigation matters. One source says: “His superior understanding of the inner workings of the Supreme Court allows him to think twelve moves ahead of everybody else.”

The "brilliant" Evan Tager garners accolades for his "incredibly cerebral approach," with clients describing him as "an excellent appellate writer and very good on his feet during oral arguments." He offers niche expertise in issues affecting railroad companies, such personal injury, derailment and grade crossing accident claims.

Dan Himmelfarb earns impressive praise for his "pitch perfect" oral argument skills and his "effective brief writing." He offers considerable strengths in administrative, criminal and constitutional law disputes, with notable experience practicing before the Supreme Court and Second Circuit.

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Orrick, Herrington & Sutcliffe LLP - Appellate Law Department

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Band 2

第二等

Chambers Commentary (based on the Chambers research)

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 appellate attorneys with extensive experience in the Supreme Court and wider federal courts of appeal. Notable strengths in technology and financial services litigation, including deep experience in IP matters heard before the Federal Circuit.

Strengths Interviewees say they have tremendous understanding of how to move an appellate matter through the courts.

Work highlights Appeared in the Supreme Court on behalf of Los Angeles County and two police deputies to successfully argue that the Ninth Circuit's 'provocation rule' in incidences of police shootings had no basis under the Fourth Amendment.

Won a unanimous Supreme Court ruling for two individual plaintiffs against Fannie Mae. The court overturned a Ninth Circuit ruling that the statute governing the company entitles it to bring any case in federal courts and move any case brought against it to federal court.

Notable practitioners

Joshua Rosenkranz continues to forge a highly visible presence in the nationwide appellate market, with a number of recent Supreme Court appearances furthering his established reputation as a go-to for crucial cases. He is regularly sought out to handle appeals by top technology and media firms.

Eric Shumsky has an enviable client base amongst Silicon Valley heavyweights and other large corporates nationwide.

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Arnold & Porter Kaye Scholer LLP - Appellate Law Department

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Band 3

第三等

Chambers Commentary (based on the Chambers research)

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 appeals experience. Draws upon notable antitrust, bankruptcy and product liability expertise from a stable of respected sector experts firmwide. Acts for a diverse array of clients in the pharmaceuticals, healthcare and entertainment sectors.

Strengths A client says: "The experience has been tremendous and the lawyers are incredibly well prepared and thorough."

Sources add: "They're excellent and very thorough in their research."

Work highlights Achieved a unanimous Supreme Court ruling in favor of three nonprofit hospital systems in connection with their longstanding religious exemption from ERISA. The firm successfully reversed an Eighth Circuit ruling that the hospitals’ pension systems were ineligible for the 'church plan' exemption on the theory that they had not been 'established' by a church.

Represented Bayer in the Second Circuit, successfully defending an award of summary judgment and the exclusion of plaintiffs’ experts on appeal in a multidistrict litigation regarding Mirena, the company's intrauterine contraceptive device.

Notable practitioners

Lisa Blatt is "a real force" in the appellate field, with one fellow practitioner labeling her "one of the fiercest advocates I know.” She has a formidable record of success in arguments before the Supreme Court, and is notable for her high-profile work in civil rights cases as well as large-scale commercial appeals. One client reports: "Lisa Blatt is a superstar. She is obviously very smart and good at what she does, but what really stands out about Lisa is her passion for the job. She truly threw herself into this case and was our advocate."

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Morrison & Foerster LLP - Appellate Law Department

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Band 3

第三等

Chambers Commentary (based on the Chambers research)

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. Highly active in pro bono work, with expertise in civil rights and wider public interest cases.

Strengths Sources reveal: "They are very good at analyzing difficult concepts, and their writing has been very effective."

Clients say: "They are highly skilled, very responsive, thorough and fully engaged."

Work highlights Obtained a unanimous Supreme Court ruling for Sandoz in a dispute against Amgen over the Biologics Price Competition and Innovation Act. The court ruled that the Act's procedural steps could not be enforced through federal injunctions and directed the Federal Circuit to determine the availability of state law injunctions on remand.

Successfully represented Sierra Pacific Industries in the Ninth Circuit to defend the grant of an EPA permit for a biomass-fueled boiler, following a challenge brought by environmental groups.

Notable practitioners

Deanne Maynard is a highly respected appellate lawyer with considerable strengths in arguments before the Supreme Court and Federal Circuit. Her practice features notable expertise in technically complex disputes in the life sciences industry. Sources characterize her as "an all-round great lawyer" and describe her as "a pleasure to deal with."

The “terrificJoseph Palmore is singled out for praise by market sources, who note his considerable skill set in appellate matters. His work encompasses areas including environmental regulation, class action certification issues, healthcare matters and intellectual property disputes.

About the Team (content provided 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 Department

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Band 3

第三等

Chambers Commentary (based on the Chambers research)

What the team is known for Notable for undertaking major cases with wide-reaching constitutional and legislative impact, drawing from its deep institutional expertise in constitutional law. Also highly skilled in intellectual property disputes, regularly acting for a range of household names in the technology and pharmaceuticals industry.

Strengths Interviewees commend the team's ability to strategize effectively.

Work highlights Vacated a $930 million patent infringement award for Samsung Electronics against Apple in a high-profile design-patent case before the Supreme Court. The firm successfully argued that, in a multicomponent device, an infringer’s profits are limited to profits from the patented component of the device and not profits from the entire device.

Appeared in the Federal Circuit for Google to reverse an $85 million patent infringement verdict following a claim brought by Simple Air against several smartphone and software providers.

Notable practitioners

Kathleen Sullivan is revered by clients and peers as a major force in the nationwide appellate sphere, who laud her keen insights and expert counsel in constitutional law and wider corporate disputes. She calls upon a wealth of experience practicing before the Supreme Court, with notable expertise in copyright and patent issues.

Christopher Landau enjoys an excellent reputation amongst peers and clients for his superior technical ability and innovative strategies in litigation matters.

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

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Band 3

第三等

Chambers Commentary (based on the Chambers research)

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

Roy Englert is widely recognized as a “fabulous appellate lawyer,” with interviewees hailing his ability to "dig in and rip up the opposition" in high-stakes appellate work. He has particular expertise in antitrust and bankruptcy matters, as well as strengths in intellectual property work.

Lawrence Robbins operates in both the appellate and trial litigation spheres, with considerable strength in criminal cases as well as civil disputes. Interviewees describe him as "a phenomenal appellate lawyer."

Alan Untereiner operates a broad appellate practice, which has featured a number of appearances in the Supreme Court and wider state and federal courts. He acts for a range of financial institutions, industrial companies and insurance businesses in civil disputes.

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Williams & Connolly LLP - Appellate Law Department

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Band 3

第三等

Chambers Commentary (based on the Chambers research)

What the team is known for Respected litigation practice with a notable presence in appellate courts nationwide, frequently handling complex business litigation cases for major corporate clients. Demonstrates strengths in an impressively broad range of industries, with notable recent successes acting for companies in the financial services sector.

Strengths Clients say: "The attorneys are without exception incredibly smart. Their research and written work product are unparalleled, and they staff cases in a smart and efficient fashion."

Work highlights Acted for Santander before the Supreme Court to successfully argue that an entity that has purchased debt and then attempts to collect on the debt for its own account is not a 'debt collector' subject to the Fair Debt Collection Practices Act.

Represented Digital Reality before the Supreme Court in its attempt to overturn an adverse Ninth Circuit decision over the status of whistleblowers under the Dodd-Frank Act. The firm argued that a claim could not be brought under the Act as it defines a whistleblower as someone who reports alleged misconduct to the SEC, while the plaintiff brought an internal complaint.

Notable practitioners

The "outstanding" Kannon Shanmugam is a highly impressive and immensely popular appellate attorney. He is a regular fixture at the Supreme Court, with an impressive tally of arguments and a number of recent appearances in fair debt collection cases. Sources say: “He has that unique combination of attributes - he's silky smooth, yet packs a powerful punch both in writing and presentation.”

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Akin Gump Strauss Hauer & Feld LLP - Appellate Law Department

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Band 4

第四等

Chambers Commentary (based on the Chambers research)

What the team is known for Bicoastal practice drawing on experienced practitioners with a wealth of expertise at state, federal and Supreme Court levels. Demonstrates notable talent in patent disputes and employment matters, alongside considerable strengths in Native American law.

Strengths Clients say: "The team is knowledgeable, professional and thorough, and deliver high-quality briefs and oral advocacy."

One interviewee adds: "It's always a pleasure working with Akin Gump. The lawyers are responsive, highly experienced and intelligent. I have absolute trust in them to give me the best advice."

Work highlights Appeared in the Supreme Court for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians to defend a federal statute ratifying the trust status of property taken into trust for the tribe and requiring the dismissal of any suit in federal court relating to that property, following a claim that the statute violates constitutional separation of power principles.

Advised Ernst & Young on a consolidated dispute before the Supreme Court to defend the use of individual arbitration provisions in employment disputes, following claims that the collective bargaining clauses of the National Labor Relations Act prohibit the enforcements of agreements which require employees to arbitrate claims on an individual basis and not collectively.

Notable practitioners

Pratik Shah is a highly regarded appellate advocate with considerable experience in arguments before the Supreme Court, Federal Circuit and wider state and federal courts. He offers particular expertise in Native American law, alongside broader strengths in intellectual property, telecommunications and class action disputes. Clients say: "He is incredibly intelligent with a total command of appellate issues, yet still very personable and relatable."

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Goldstein & Russell, P.C. - Appellate Law Department

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Band 4

第四等

Chambers Commentary (based on the Chambers research)

What the team is known for Notable force in the appellate courts, with a substantial number of Supreme Court appearances in a broad variety of subject areas. Offers robust strengths across both defense and plaintiff-side work, with considerable experience in areas including constitutional law, intellectual property disputes, employment issues and wider class action claims.

Strengths Peers say: "It is a very powerful firm."

Work highlights Appeared in the Supreme Court for Cori and Kerri Rigsby, two whistleblowers who alleged State Farm Fire & Casualty was defrauding the National Flood Insurance Program and brought a claim under the False Claims Act. The firm successfully opposed State Farm's attempt to dismiss the case because of alleged prior misconduct by the plaintiffs' former lawyer.

Acted for California Public Employees' Retirement System in the Supreme Court in a dispute concerning whether the statute of repose for certain securities claims is tolled in class action litigation.

Notable practitioners

Founding partner Thomas Goldstein has attained an excellent reputation for is "very significant and consistent track record in the Supreme Court," with clients benefiting from his considerable experience in heavyweight commercial disputes and class actions. Sources say: "He's a really great advocate. He's always focused on which Justice he needs to convince to win a case and whose vote he can count on."

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Jenner & Block LLP - Appellate Law Department

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Band 4

第四等

Chambers Commentary (based on the Chambers research)

What the team is known for Broadly skilled team especially noted for its strong track record in major commercial and constitutional disputes. Proficient in a diverse array of sectors, with considerable experience in appeals concerning intellectual property, tax and criminal law matters. Acts for a range of corporate clients, individuals and public interest organizations.

Strengths Clients say: "They are brilliant lawyers with tremendous expertise in a wide variety of subject matters."

Peers add: "They have a very strong roster of younger partners and senior associates with great experience in the Supreme Court."

Work highlights Appeared in the Supreme Court for investment adviser Charles Kokesh against the SEC, successfully arguing that a five-year statute of limitation governing penalties and forfeitures applies to SEC claims seeking disgorgement of illegally obtained profits.

Acted for a US Air Force veteran John Howell in the Supreme Court, successfully arguing that federal law preempted a state court's order directing him to indemnify his former spouse for the reduction in her portion of his retirement pay following his post-divorce decision to take disability pay.

Notable practitioners

Adam Unikowsky enjoys a fast-rising profile on the nationwide stage, with a tremendous tally of recent back-to-back Supreme Court wins. He regularly represents clients before a range of state and federal appellate courts and in arbitration proceedings, with experience in disputes concerning intellectual property, government contracts and telecommunications.

About the Team (content provided by Jenner & Block LLP)

We combine exceptional skills in crafting persuasive briefs and oral arguments with extensive experience shepherding high-stakes matters through appellate courts. Over the years, our lawyers have presented more than 100 arguments before the US Supreme Court. They have appeared before federal and state appellate courts on a range of issues, including administrative, antitrust, bankruptcy, civil rights, communications, constitutional, copyright, employment, financial services, government contracts, immigration, patent, preemption, and punitive damages. We also have an extensive amicus practice before the US Supreme Court and other appellate courts and regularly brief, argue, and advise on complex legal issues that arise in various trial-level fora.

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King & Spalding LLP - Appellate Law Department

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Band 4

第四等

Chambers Commentary (based on the Chambers research)

What the team is known for Calls upon an experienced pool of talented advocates with significant expertise in energy, intellectual property and life sciences disputes. Offers additional capabilities in challenging governmental litigation and investigations, with particular proficiency in False Claims Act and FDA matters.

Strengths A client says: "I place great weight and value on the advice from the King & Spalding appellate team. They are a pleasure to work with both in their interaction and poise, but also their respect for clients' budgets, priorities, time constraints and pressures."

Work highlights Acted for Google in the Federal Circuit to defend a lower court judgment which rejected claims brought by Oracle, which alleged Google infringed Oracle’s copyrights when Google used a portion of the Java platform to build the Android mobile device platform.

Acted for Chevron USA, Union Oil Company of California and Kewanee Industries in the Fifth Circuit to defend the dismissal of a case alleging the defendants were responsible for land loss on the nation's coast.

Notable practitioners

The "excellent" Daryl Joseffer is especially well known for his deep knowledge of patent appeals, with major technology and pharmaceutical giants among his client base. He also offers experience acting on environmental and employment discrimination cases.

Jeff Bucholtz is highly respected for his appellate practice, with pharmaceutical and life science disputes a particular area of strength. Clients say: "He is incredibly smart and gifted as a writer and a legal scholar."

Ashley Parrish is noted as a "very smart and very effective lawyer," with clients describing him as "particularly skilled at working with other attorneys and law firms." He offers particular experience acting for energy companies, with strengths in regulatory disputes, class actions and wider litigation matters.

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O'Melveny & Myers LLP - Appellate Law Department

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Band 4

第四等

Chambers Commentary (based on the Chambers research)

What the team is known for Offers broad skills in competition, class action and IP matters in the appellate group, calling upon deep experience practicing before state and federal courts nationwide. Client roster spans a range of national and multinational corporates in industries including media and entertainment, financial services and energy.

Strengths Fellow practitioners commend the firm's "excellent" roster of appellate practitioners.

Work highlights Represented CoreLogic before the Second Circuit to overturn a judgment in favor of the Federal Trade Commission holding the company liable as a relief defendant for allegedly deceptive marketing practices committed by a subsidiary.

Appeared in the Ninth Circuit for Trader Joe's in a trademark and unfair competition dispute against Michael Hallatt, who bought branded goods in the USA for sale in a mimic Trader Joe's store in Canada. The court reversed a lower court judgment dismissing the claims for lack of subject-matter jurisdiction, upholding the extraterritorial application of the Lanham Act to address consumer confusion occurring across the border.

Notable practitioners

Walter Dellinger is an august figure at the appellate Bar, with a distinguished reputation for his abilities in a constitutional law matters and wider disputes for business clients. He continues to act as a source of authoritative advice in high-profile cases.

Jonathan Hacker is highly active and very well reputed for both his brief writing and his oral arguments. He chairs the firm's Supreme Court and appellate practice and has experience in areas including insurance disputes, criminal law and constitutional law.

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Vinson & Elkins LLP - Appellate Law Department

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Band 4

第四等

Chambers Commentary (based on the Chambers research)

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 a broad variety of contract disputes, injury and tort claims, First Amendment matters and regulatory challenges.

Strengths Clients say: "The firm has the litigation triple-threat: a deep bench of excellent trial litigators, a well-respected and incredibly successful appellate team and a customer-oriented ethos, characterized by an uncanny understanding of the client's business objectives and how to achieve them."

Work highlights Appeared in the Second Circuit to overturn an antitrust judgment against Cortron, successfully arguing that the company's termination of supply of equipment to MacDermid Printing Solutions did not harm competition in the thermal flexographic printing market.

Represented KBR in the DC Circuit in a False Claims Act dispute alleging the company overbilled the US government for services provided in Iraq, with the court ruling that whistleblower Julie McBride failed to establish a viable fraud claim under the Act and that her federal lawsuit was properly dismissed in 2014.

Notable practitioners

John Elwood is a highly regarded attorney with a thriving appellate practice across multiple circuits and before the Supreme Court. He has notable expertise in False Claims Act cases, alongside strengths in antitrust matters, administrative law and environmental issues. Sources report: "He is the undisputed dean of the False Claims Act defense Bar. No other lawyer knows the ins and outs of this area like John Elwood, and he gets results for his clients."

About the Team (content provided 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

Chambers Appellate Overview 2018

by Sidley Austin LLP

Litigants, lawyers, and legal commentators alike are watching the Supreme Court with bated breath. On the first Monday in October 2017, the Justices returned from their annual summer recess and began grappling with a wide range of exceptionally important legal issues. In just the first two weeks of the term, the Court heard arguments in at least three “blockbuster” cases. One of those cases, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111, pits allegations of unlawful sexual-orientation discrimination against First Amendment values of free speech and free exercise of religion. Another, Epic Systems Corporation v. Lewis, No. 16-285, concerns the enforceability of arbitration agreements that prevent employees from collectively pursuing work-related claims. And perhaps the most politically charged case of the term, Gill v. Whitford, No. 16-1161, asks the Court to develop the judicial standards for assessing claims of unlawful partisan gerrymandering.

Some of the other prominent cases that will be decided this term include:

Carpenter v. United States, No. 16-402, presenting the question of whether the warrantless acquisition of cell-site location data, over 127 days, violates the Fourth Amendment.

Husted v. A. Philip Randolph Institute, No. 16-980, presenting the question of whether Ohio’s process for maintaining voter-registration lists, which is partly based on voter inactivity, violates the National Voter Registration Act.

National Institute of Family and Life Advocates v. Becerra, No. 16-1140, presenting the question of whether family-planning disclosures required by the California Reproductive FACT Act violate the Free Speech Clause.

Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, presenting the question whether public-sector “agency shop” arrangements violate the First Amendment.

Lucia v. Securities and Exchange Commission, No. 17-130, presenting the question of whether Securities and Exchange Commission administrative law judges are Officers of the United States under the Appointments Clause.

Trump v. Hawaii, No. 17-965, presenting the question of whether Presidential Proclamation No. 9645, which bans immigration from several Muslim-majority countries, violates the Immigration and Nationality Act and the Establishment Clause.

Despite the prevalence of these high-profile cases, the Court has worked through its docket at a slower-than-usual pace. According to data compiled by Empirical SCOTUS, the Court was on course to issue “the fewest signed opinions by March 27 for any term since Chief Justice John Roberts was confirmed.” And by the end of the March sitting, two-thirds of the way through the term, the Court had issued only 17 opinions in argued cases. Other metrics confirm that the Court has taken a measured approach this term. Plenary review with oral argument is ordinarily granted in roughly 80 cases per year. But by the end of October Term 2017, the Court will have heard argument in just 63 cases—one of the lowest totals in recent memory.

With the emergence of Justice Gorsuch, the Court is no longer short-staffed. During his first full term, Justice Gorsuch has thus far authored three majority opinions. See Murphy v. Smith, No. 16-1067; SAS Institute Inc. v. Iancu, No. 16-969; Texas v. New Mexico, No. 141, Orig. Hints of Justice Gorsuch’s judicial philosophy emerged in Artis v. District of Columbia, No. 16-460, where, dissenting, he implored the majority to consider the “original reasons” and “rich common law . . . tradition” behind a statutory tolling provision. Justice Gorsuch wrote or joined two notable opinions relating to orders, which signaled his hostility toward judicial deference to administrative agencies. See Scenic Am., Inc., v. Department of Transportation, No. 16-739 (Gorsuch, J., statement respecting the denial of certiorari) (questioning whether deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), is owed to an agency’s interpretation of contractual terms); see also Garco Constr., Inc. v. Speer, No. 17-225 (Thomas, J., dissenting from the denial of certiorari, joined by Gorsuch, J.) (encouraging the Court to overrule Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945)).

Although there is still much to anticipate over the last two months of this term, the Court has already issued opinions in several significant cases, including:

Jennings v. Rodriguez, No. 15-1204, holding that the Ninth Circuit misapplied the canon of constitutional avoidance in concluding that certain immigration detention statutes must be read to require periodic bond hearings.

Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, holding that the Securities Litigation Uniform Standards Act of 1998 did not strip state courts of jurisdiction to adjudicate class actions alleging only violations of the Securities Act of 1933 or authorize removing such actions from state court.

Sessions v. Dimaya, No. 15-1498, holding that 18 U.S.C. §16(b), which defines “crime of violence” for purposes of the Immigration and Nationality Act’s removal provisions, is unconstitutionally vague.

Class v. United States, No. 16-424, holding that a guilty plea, alone, does not bar a federal criminal defendant from challenging the constitutionality of the statute of conviction.

Jesner v. Arab Bank, PLC, No. 16-499, holding that foreign corporations may not be sued under the Alien Tort Statute.

Hall v. Hall, No. 16-1150, holding that when one of several cases consolidated under Federal Rule of Civil Procedure 42(a) is finally decided, that decision confers an immediate right to appeal.

Digital Realty Trust, Inc. v. Somers, No. 16-1276, holding that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act does not extend to an individual who fails to report a violation to the Securities and Exchange Commission.

Nonetheless, the Court has preserved some bandwidth for a handful of important intellectual property issues. For example, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712, the Court held that inter partes review—an adversarial proceeding conducted by the Patent Trial and Appeal Board—does not violate the Seventh Amendment. And in another case concerning the inter partes review process, SAS Institute Inc. v. Iancu, No. 16-969, the Court held that, consistent with statutory directives, the Board must decide the patentability of all claims that the petitioner has challenged.

The Court has also decided a few consequential bankruptcy cases this term. For instance, in U.S. Bank National Association v. Village at Lakeridge, LLC, No. 15-1509, the Court held that a Bankruptcy Court’s determination of non-statutory “insider status” must be reviewed for clear error, rather than de novo. And in Merit Management Group, LP v. FTI Consulting, No. 16-784, the Court held that the Bankruptcy Code’s “securities safe harbor” provision does not prohibit courts from avoiding fraudulent transfers, even if those transfers pass through intermediaries acting as securities-clearing agencies.

All in all, the Court will have issued highly anticipated opinions in an array of important cases this term. With a remarkable comeback from a historic vacancy and subsequent period of inertia, the Court is back to the business of deciding cases that profoundly impact American life—touching on issues like sexual-orientation discrimination, abortion, voting rights, immigration, digital privacy, workers’ rights, religious liberties, and more. For good reason, then, Justice Ginsburg has said that October Term 2017 will prove to be “momentous.”

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Senior Statesperson

O'Melveny & Myers LLP

From the Chambers USA guide

Walter Dellinger is an august figure at the appellate Bar, with a distinguished reputation for his abilities in a constitutional law matters and wider disputes for business clients. He continues to act as a source of authoritative advice in high-profile cases.

^ See whole ranking table

Senior Statesperson

Kirkland & Ellis LLP

From the Chambers USA guide

Bartow Farr's distinguished career includes an impressive tally of 32 arguments before the Supreme Court. He is in demand as a source of authoritative expertise in some of the most significant appellate cases handled by the firm.

^ See whole ranking table

Senior Statesperson

Mayer Brown LLP

From the Chambers USA guide

Andrew Frey is an appellate veteran, with an illustrious reputation for his skills in high-profile disputes heard before a range of state and federal courts. Sources say: “He is an appellate superstar and an extremely creative legal thinker.”

^ See whole ranking table

Senior Statesperson

Stephen M Shapiro

Mayer Brown LLP

From the Chambers USA guide

Stephen Shapiro continues to attract large corporate clients, who turn to him for his formidable experience in handling commercial and politically significant appeals. Recent work has included a challenge to an award of attorney fees relating to a class action.

^ See whole ranking table

Star Individuals

Kirkland & Ellis LLP

From the Chambers USA guide

Paul Clement is acclaimed as "a giant of the field" and "probably the most talented Supreme Court advocate of his generation" by fellow practitioners. His impressive record in private practice is augmented by his former appointment as Solicitor General of the United States, with clients calling upon his outstanding skills in major appellate disputes and constitutional litigation. Sources hail his virtuosity and prowess in the courtroom, revealing: "It's amazing to watch him: Watching Paul Clement in court is like watching Fred Astaire dance."

^ See whole ranking table

Star Individuals

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Theodore Olson is hailed as a "force of nature" by fellow practitioners and is a universally recognized star of the appellate Bar. He has an outstanding track record in landmark appeals, making frequent appearances at the Supreme Court in high-profile constitutional disputes, commercial matters and wider statutory questions.

^ See whole ranking table

Star Individuals

Sidley Austin LLP

From the Chambers USA guide

Carter Phillips is a voice of authority in appeals before the US Supreme Court, calling upon a wealth of accumulated knowledge to advise clients on a broad array of constitutional issues, administrative law matters and wider commercial disputes. Clients say: "Carter is the best of the best in appellate litigation. He understands and is able to articulate the most complex legal issues in clear terms."

^ See whole ranking table

Star Individuals

Donald B Verrilli

Munger, Tolles & Olson LLP

From the Chambers USA guide

Donald Verrilli of Munger, Tolles & Olson LLP enjoys an enormously significant position in the appellate market, which peers labeling him as an "outstanding advocate" and a “giant of the Bar.” The immense Supreme Court standing gained during his recent tenure as Solicitor General makes him a clear choice for high-stakes appeals, as well as significant pro-bono work. He is the founding member of the firm's DC office.

^ See whole ranking table

Star Individuals

WilmerHale

From the Chambers USA guide

Practice cochair Seth Waxman is recognized as an appellate "powerhouse," with sources lauding his tremendous capabilities in regulatory, commercial and governmental challenges. Clients benefit from his record of over 75 oral arguments before the US Supreme Court, alongside multiple appearances in state courts and wider federal circuits.

^ See whole ranking table

Band 1

Arnold & Porter Kaye Scholer LLP

From the Chambers USA guide

Lisa Blatt is "a real force" in the appellate field, with one fellow practitioner labeling her "one of the fiercest advocates I know.” She has a formidable record of success in arguments before the Supreme Court, and is notable for her high-profile work in civil rights cases as well as large-scale commercial appeals. One client reports: "Lisa Blatt is a superstar. She is obviously very smart and good at what she does, but what really stands out about Lisa is her passion for the job. She truly threw herself into this case and was our advocate."

^ See whole ranking table

Band 1

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

From the Chambers USA guide

Roy Englert is widely recognized as a “fabulous appellate lawyer,” with interviewees hailing his ability to "dig in and rip up the opposition" in high-stakes appellate work. He has particular expertise in antitrust and bankruptcy matters, as well as strengths in intellectual property work.

^ See whole ranking table

Band 1

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

The "terrific" Miguel Estrada enjoys the consummate adulation of peers, with sources citing his "fabulous, fierce prose" as a particular strength. He maintains an active practice representing clients in high-stakes and high-exposure cases, demonstrated by his recent role defending Dakota Access in multiple appeals challenging the construction and operation of the Dakota Access pipeline in North Dakota.

^ See whole ranking table

Band 1

David C Frederick

Kellogg, Hansen, Todd, Figel & Frederick, PLLC

From the Chambers USA guide

David Frederick is widely respected by sources as a "superstar" appellate practitioner and a "leading light of the plaintiff Bar." He is a frequent fixture in the Supreme Court, federal appellate courts and numerous state supreme courts, with experience acting for a broad array of corporate clients, individuals, governmental entities and states.

^ See whole ranking table

Band 1

Latham & Watkins LLP

From the Chambers USA guide

Gregory Garre is described by one peer as an appellate “rock star," with sources hailing his "endless list of accomplishments and wins in unwinnable cases.” His impressive tally of arguments before the Supreme Court is supported by a strong presence in wider appellate courts, with experience in cases concerning affirmative action policies, environmental disputes and wider constitutional and regulatory challenges. Sources say: "He is phenomenally good to work with and is also a really thoughtful listener."

^ See whole ranking table

Band 1

Hogan Lovells US LLP

From the Chambers USA guide

The "superb" Neal Katyal enjoys a remarkably active presence in the Supreme Court and is regularly sought out by clients to represent them on some of the most significant appeals on the docket. He regularly handles major business appeals as well as highly publicized cases in the political and regulatory sphere. Interviewees say: "He's just very good at responding to the questions and he really understands what the Justices need when arguing in the Supreme Court. He's really skilled at communicating with them, understanding what they're asking and conveying a satisfactory response."

^ See whole ranking table

Band 1

Sidley Austin LLP

From the Chambers USA guide

Peter Keisler is regarded as a "phenomenal" advocate, with sources highlighting his superior brief writing as well as his proficiency in oral argument. He is particularly well known for his work in high-stakes energy and environmental cases, alongside strengths in telecommunications, transportation and healthcare matters. Sources cite his ability to "change the judges' minds" as a particular strength and commend the "fabulous quality" of his briefs.

^ See whole ranking table

Band 1

MoloLamken LLP

From the Chambers USA guide

Jeffrey Lamken of MoloLamken LLP is a "really top-notch" appellate lawyer and an immensely popular choice for significant appellate work, with sources hailing his skills as "an exceptional communicator and extraordinary writer." One client adds: "Jeff is hands down one of the smartest, most able lawyers I have ever met. His understanding of complex legal issues and his ability to explain these to the courts is outstanding, and he has a great way with clients."

^ See whole ranking table

Band 1

Mayer Brown LLP

From the Chambers USA guide

Andrew Pincus is a leading light of the appellate Bar, making frequent appearances in high-stakes and high-profile Supreme Court arguments. His broad appellate practice includes extensive experience in constitutional matters and business issues, with notable recent activity in disputes concerning contractual arbitration provisions. Sources report: "Andy Pincus is without a doubt one of the most stellar advocates in the country - at the Supreme Court, in the lower courts, in the non-court advocacy space and in counseling behind closed doors."

^ See whole ranking table

Band 1

Joshua Rosenkranz

Orrick, Herrington & Sutcliffe LLP

From the Chambers USA guide

Joshua Rosenkranz continues to forge a highly visible presence in the nationwide appellate market, with a number of recent Supreme Court appearances furthering his established reputation as a go-to for crucial cases. He is regularly sought out to handle appeals by top technology and media firms.

^ See whole ranking table

Band 1

Kannon K. Shanmugam

Williams & Connolly LLP

From the Chambers USA guide

The "outstanding" Kannon Shanmugam is a highly impressive and immensely popular appellate attorney. He is a regular fixture at the Supreme Court, with an impressive tally of arguments and a number of recent appearances in fair debt collection cases. Sources say: “He has that unique combination of attributes - he's silky smooth, yet packs a powerful punch both in writing and presentation.”

^ See whole ranking table

Band 1

Kathleen M Sullivan

Quinn Emanuel Urquhart & Sullivan, LLP

From the Chambers USA guide

Kathleen Sullivan is revered by clients and peers as a major force in the nationwide appellate sphere, who laud her keen insights and expert counsel in constitutional law and wider corporate disputes. She calls upon a wealth of experience practicing before the Supreme Court, with notable expertise in copyright and patent issues.

^ See whole ranking table

Band 2

Theodore J Boutrous Jr

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Theodore Boutrous is a redoubtable presence in the appellate sphere, with his nationwide reach augmenting his strong constituency in the Ninth Circuit. He represents corporate heavyweights in appeals in areas including arbitration agreements and insurance issues. A client says: "He has the incredible knack of picking the winning argument and his oral advocacy skills are peerless. He picks the right point in response to every question without even blinking."

^ See whole ranking table

Band 2

Jones Day

From the Chambers USA guide

Michael Carvin is described as a "talented" and "effective" advocate, with one fellow practitioner noting him as "one of the most intuitive lawyers I have ever met." His impressive practice encompasses politically significant appeals, with a wealth of experience in high-profile challenges to federal government decisions.

^ See whole ranking table

Band 2

Vinson & Elkins LLP

From the Chambers USA guide

John Elwood is a highly regarded attorney with a thriving appellate practice across multiple circuits and before the Supreme Court. He has notable expertise in False Claims Act cases, alongside strengths in antitrust matters, administrative law and environmental issues. Sources report: "He is the undisputed dean of the False Claims Act defense Bar. No other lawyer knows the ins and outs of this area like John Elwood, and he gets results for his clients."

^ See whole ranking table

Band 2

Thomas C Goldstein

Goldstein & Russell, P.C.

From the Chambers USA guide

Founding partner Thomas Goldstein has attained an excellent reputation for is "very significant and consistent track record in the Supreme Court," with clients benefiting from his considerable experience in heavyweight commercial disputes and class actions. Sources say: "He's a really great advocate. He's always focused on which Justice he needs to convince to win a case and whose vote he can count on."

^ See whole ranking table

Band 2

Douglas Hallward-Driemeier

Ropes & Gray LLP

From the Chambers USA guide

Douglas Hallward-Driemeier of Ropes & Gray LLP is famed for his headlining work in significant civil rights and constitutional appeals, including recent work representing medical associations and physicians at the Eleventh Circuit to successfully challenge a Florida law prohibiting physicians from making inquiries of patients over firearm ownership. A client says: "I was impressed by his ability to analyze the case's nuances and to articulate our argument coherently."

^ See whole ranking table

Band 2

Goodwin

From the Chambers USA guide

William Jay of Goodwin garners accolades from commentators for his skills in appellate litigation, with sources noting his abilities in heavyweight appeals. He offers particular strengths in intellectual property matters, First Amendment issues, environmental disputes and administrative law. Interviewees say: "He is a rising star, with an encyclopedic knowledge of the law."

^ See whole ranking table

Band 2

Kellogg, Hansen, Todd, Figel & Frederick, PLLC

From the Chambers USA guide

Founding partner Michael Kellogg is a recognized expert on telecommunications law, as well as a highly regarded appellate lawyer. He additionally advises on antitrust and wider regulatory issues.

^ See whole ranking table

Band 2

Christopher Landau

Quinn Emanuel Urquhart & Sullivan, LLP

From the Chambers USA guide

Christopher Landau enjoys an excellent reputation amongst peers and clients for his superior technical ability and innovative strategies in litigation matters.

^ See whole ranking table

Band 2

Covington & Burling LLP

From the Chambers USA guide

Robert Long of Covington & Burling LLP is a distinguished appellate lawyer with deep experience of argument before courts at all levels, with notable strengths in antitrust and administrative law matters.  Sources describe him as "superb," adding: "He sees the big picture and is able to focus on the details while seeing what motivates the courts."

^ See whole ranking table

Band 2

Morrison & Foerster LLP

From the Chambers USA guide

Deanne Maynard is a highly respected appellate lawyer with considerable strengths in arguments before the Supreme Court and Federal Circuit.  Her practice features notable expertise in technically complex disputes in the life sciences industry. Sources characterize her as "an all-round great lawyer" and describe her as "a pleasure to deal with."

^ See whole ranking table

Band 2

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

The "absolutely phenomenal" Mark Perry receives glowing reports for his vibrant appellate practice, which has a notable focus on patent cases and false claims matters. One client notes: "He is very prepared from a legal perspective, and he knows the cases inside and out. He had the answers before the judges had the questions."

^ See whole ranking table

Band 2

Catherine E Stetson

Hogan Lovells US LLP

From the Chambers USA guide

Catherine Stetson is widely lauded for her impressive record in the DC Circuit, alongside considerable experience practicing before the Supreme Court, state appellate courts and wider federal courts of appeal. Sources say: "Her briefs are beautifully written and when she is arguing the judges feel like they are having a conversation with her."

^ See whole ranking table

Band 3

O'Melveny & Myers LLP

From the Chambers USA guide

Jonathan Hacker is highly active and very well reputed for both his brief writing and his oral arguments. He chairs the firm's Supreme Court and appellate practice and has experience in areas including insurance disputes, criminal law and constitutional law.

^ See whole ranking table

Band 3

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Allyson Ho enjoys a growing reputation on the national stage, with numerous appearances before a range of state and federal appellate courts.  Her strong credentials include notable experience in the Supreme Court, where she has recently argued in a number of major business appeals. Sources say: "She is exceptionally gifted at oral arguments, she's as smooth as silk."

^ See whole ranking table

Band 3

King & Spalding LLP

From the Chambers USA guide

The "excellent" Daryl Joseffer is especially well known for his deep knowledge of patent appeals, with major technology and pharmaceutical giants among his client base. He also offers experience acting on environmental and employment discrimination cases.

^ See whole ranking table

Band 3

Mayer Brown LLP

From the Chambers USA guide

Charles Rothfeld receives plaudits for his "terrific work" in the appellate space, with clients benefiting from his wide-ranging experience in litigation matters. One source says: “His superior understanding of the inner workings of the Supreme Court allows him to think twelve moves ahead of everybody else.”

^ See whole ranking table

Band 3

Akin Gump Strauss Hauer & Feld LLP

From the Chambers USA guide

Pratik Shah is a highly regarded appellate advocate with considerable experience in arguments before the Supreme Court, Federal Circuit and wider state and federal courts. He offers particular expertise in Native American law, alongside broader strengths in intellectual property, telecommunications and class action disputes. Clients say: "He is incredibly intelligent with a total command of appellate issues, yet still very personable and relatable."

^ See whole ranking table

Band 3

Mayer Brown LLP

From the Chambers USA guide

The "brilliant" Evan Tager garners accolades for his "incredibly cerebral approach," with clients describing him as "an excellent appellate writer and very good on his feet during oral arguments." He offers niche expertise in issues affecting railroad companies, such personal injury, derailment and grade crossing accident claims.

^ See whole ranking table

Band 3

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Clients highlight Helgi Walker for her "ability to identify arguments that will resonate with judges and get results in court," offering praise for her skills in "breaking down abstract issues to their simplest form." She chairs the firm's administrative law and regulatory practice and offers particular expertise in telecommunications disputes.

^ See whole ranking table

Band 4

J Scott Ballenger

Latham & Watkins LLP

From the Chambers USA guide

Scott Ballenger has a wide-ranging appellate practice, with experience practicing before the Supreme Court and other state and appellate courts. He acts on a broad spectrum of disputes work, with expertise in cases involving antitrust, intellectual property, regulatory matters and wider corporate issues.

^ See whole ranking table

Band 4

Latham & Watkins LLP

From the Chambers USA guide

Richard Bress offers solid strengths in appellate litigation, with notable focus on administrative law questions and appeals involving a range of governmental agencies. A client reports: “He is an excellent advocate, a strategic thinker and a fantastic writer. He made a very strong oral argument in our case: it was an all-around top-notch performance.”

^ See whole ranking table

Band 4

King & Spalding LLP

From the Chambers USA guide

Jeff Bucholtz is highly respected for his appellate practice, with pharmaceutical and life science disputes a particular area of strength. Clients say: "He is incredibly smart and gifted as a writer and a legal scholar."

^ See whole ranking table

Band 4

Winston & Strawn LLP

From the Chambers USA guide

Linda Coberly of Winston & Strawn LLP is noted as an impressive lawyer with a strong practice in appellate courts, including the Supreme Court. Her work spans commercial disputes and human rights cases, with significant strengths in securities litigation, intellectual property issues and immigration law. Sources say: "She is very effective and very good at corralling very complicated arguments."

^ See whole ranking table

Band 4

William S Consovoy

Consovoy McCarthy Park PLLC

From the Chambers USA guide

William Consovoy of Consovoy McCarthy Park PLLC is described by one source as a "very smart and very strategic thinker," with sources commending his ability to "think outside the box." He is best known for his work in politically significant appellate cases, including major civil rights disputes.

^ See whole ranking table

Band 4

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

"Constitutional scholar" Thomas Dupree is noted as an emerging force in the appellate sphere, garnering accolades for his "elegant and powerful written work" and his ability to "grasp key issues and present briefs in a logical way." He has broad strengths in cases concerning intellectual property, regulatory challenges, class actions and product liability.

^ See whole ranking table

Band 4

Sidley Austin LLP

From the Chambers USA guide

Joseph Guerra is described as an "extraordinary" advocate by interviewees, who note his "attention to detail and presentation" as key strengths. He handles both trial work and appellate matters, with experience in constitutional, statutory and administrative law disputes.

^ See whole ranking table

Band 4

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Caitlin Halligan's credentials in the appellate field are considerably burnished by her prior role serving as the Solicitor General of New York. She offers a wealth of experience in  high-stakes appeals, with notable strengths in the consumer fraud, privacy and wider internet-related matters. Peers describe her as a "very talented appellate lawyer" and note her "impressive track record" in disputes work.

^ See whole ranking table

Band 4

Mayer Brown LLP

From the Chambers USA guide

Dan Himmelfarb earns impressive praise for his "pitch perfect" oral argument skills and his "effective brief writing." He offers considerable strengths in administrative, criminal and constitutional law disputes, with notable experience practicing before the Supreme Court and Second Circuit.

^ See whole ranking table

Band 4

Kirkland & Ellis LLP

From the Chambers USA guide

Jay Lefkowitz is noted as a "a tenacious litigator" by peers,gaining particular recognition for his work on healthcare cases, medical device disputes and pharmaceuticals matters. Interviewees commend his "extraordinarily practical" demeanor, revealing he is "brilliantly smart and a good communicator."

^ See whole ranking table

Band 4

Matthew D. McGill

Gibson, Dunn & Crutcher LLP

From the Chambers USA guide

Matthew McGill is described as "extremely commercial and poised in front of the courts" by market sources. He has a wide-ranging appellate practice, which includes significant expertise in intellectual property matters.

^ See whole ranking table

Band 4

Perkins Coie LLP

From the Chambers USA guide

Eric Miller of Perkins Coie LLP is well regarded for his erudite nationwide appellate practice, which features notable work in sectors ranging from transportation to technology. Native American law is additional area of strength, with a recent Supreme Court victory in a case concerning tribal sovereign immunity. Sources say: "He is admired and treasured by everyone because of his sheer brain power."

^ See whole ranking table

Band 4

Kirkland & Ellis LLP

From the Chambers USA guide

The "terrific" Erin Murphy enjoys a growing reputation in the appellate field, with fellow practitioners labeling her "a very talented lawyer." Her broad appellate practice includes experience in disputes concerning land and property rights, energy law, labor matters and the Affordable Care Act.

^ See whole ranking table

Band 4

Jones Day

From the Chambers USA guide

Glen Nager is characterized as "a brilliant strategist" by market sources, who commend his ability to "work well with others." He earns particular acclaim for his experience in employment disputes, alongside wider strength in appeals concerning civil rights, intellectual property and government contract matters.

^ See whole ranking table

Band 4

Morrison & Foerster LLP

From the Chambers USA guide

The “terrificJoseph Palmore is singled out for praise by market sources, who note his considerable skill set in appellate matters. His work encompasses areas including environmental regulation, class action certification issues, healthcare matters and intellectual property disputes.

^ See whole ranking table

Band 4

Kellogg, Hansen, Todd, Figel & Frederick, PLLC

From the Chambers USA guide

Aaron Panner is respected by peers for his appellate work, with particular strengths in disputes involving antitrust and telecommunications matters. Sources describe him as a "brilliant writer."

^ See whole ranking table

Band 4

King & Spalding LLP

From the Chambers USA guide

Ashley Parrish is noted as a "very smart and very effective lawyer," with clients describing him as "particularly skilled at working with other attorneys and law firms." He offers particular experience acting for energy companies, with strengths in regulatory disputes, class actions and wider litigation matters.

^ See whole ranking table

Band 4

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

From the Chambers USA guide

Lawrence Robbins operates in both the appellate and trial litigation spheres, with considerable strength in criminal cases as well as civil disputes. Interviewees describe him as "a phenomenal appellate lawyer."

^ See whole ranking table

Band 4

Morgan, Lewis & Bockius LLP

From the Chambers USA guide

David Salmons of Morgan, Lewis & Bockius LLP is described as a "terrific" lawyer, with a string of important appellate cases to his name. Recent activity includes advising the National Biodiesel Board in the DC Circuit to challenge the EPA's 2015 Renewable Fuel Standards.

^ See whole ranking table

Band 4

Danielle Spinelli

WilmerHale

From the Chambers USA guide

Interviewees describe Danielle Spinelli as "extraordinarily smart," noting her "very good academic knowledge" and her "detailed and methodical arguments." She offers particular strengths in bankruptcy matters, alongside wider strengths in Native American law, constitutional law, criminal matters and wider commercial litigation.

^ See whole ranking table

Band 4

Alan E Untereiner

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

From the Chambers USA guide

Alan Untereiner operates a broad appellate practice, which has featured a number of appearances in the Supreme Court and wider state and federal courts. He acts for a range of financial institutions, industrial companies and insurance businesses in civil disputes.

^ See whole ranking table

Band 4

WilmerHale

From the Chambers USA guide

Paul Wolfson is described as "a wonderful writer and a phenomenal thinker" by market sources. His practice focuses on Supreme Court and wider appellate matters, with experience acting for universities, governmental entities and corporations in a broad spectrum of disputes work.

^ See whole ranking table

Band 4

Christopher Wright

Harris, Wiltshire & Grannis LLP

From the Chambers USA guide

Christopher Wright of Harris, Wiltshire & Grannis LLP is particularly well regarded in the telecommunications sector, with a wealth of experience appearing before the Supreme Court and DC Circuit in administrative appeals. Sources say: "He is a very thoughtful advocate and a great writer."

^ See whole ranking table

Up and Coming

Melissa Arbus Sherry

Latham & Watkins LLP

From the Chambers USA guide

Fellow practitioners praise Melissa Arbus Sherry as a "very, very talented lawyer," singling out her skills as a "very effective writer" and describing her as "unflappable in court." She enjoys a growing reputation for her Supreme Court and appellate practice, with expertise in areas including intellectual property, healthcare, personal jurisdiction and international law.

^ See whole ranking table

Up and Coming

Gupta Wessler PLLC

From the Chambers USA guide

Deepak Gupta of Gupta Wessler PLLC enjoys a high profile amongst market sources for his vibrant appellate practice, focusing on public interest cases and plaintiff-side representations. Sources describe him as "an excellent lawyer"  and note his skills acting for consumers in appellate matters.

^ See whole ranking table

Up and Coming

Orrick, Herrington & Sutcliffe LLP

From the Chambers USA guide

Eric Shumsky has an enviable client base amongst Silicon Valley heavyweights and other large corporates nationwide.

^ See whole ranking table

Up and Coming

Baker Botts LLP

From the Chambers USA guide

Aaron Streett chairs the Supreme Court and constitutional law practice at Baker Botts LLP, offering strengths in constitutional law, administrative law, white-collar criminal matters and broader commercial litigation disputes. Sources say: "He's a real sharp writer and a very smart and thoughtful guy."

^ See whole ranking table

Up and Coming

Stris & Maher LLP

From the Chambers USA guide

Peter Stris of Stris & Maher LLP is widely respected for his vibrant practice in multiple courts of appeal and the Supreme Court. He represents both plaintiffs and defendants in class actions and other appeals relating to issues including civil rights and IP. Clients say: "He is a tactical genius and a great leveler - when he's on your side you're never outgunned, no matter the adversary."

^ See whole ranking table

Up and Coming

Jenner & Block LLP

From the Chambers USA guide

Adam Unikowsky enjoys a fast-rising profile on the nationwide stage, with a tremendous tally of recent back-to-back Supreme Court wins. He regularly represents clients before a range of state and federal appellate courts and in arbitration proceedings, with experience in disputes concerning intellectual property, government contracts and telecommunications.

^ See whole ranking table