Morgan Lewis

Appeals and Special Issues

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One of the hallmarks of a top-tier national litigation practice is a strong appellate practice.

At Morgan Lewis, our Appeals and Special Issues Practice is an essential part of the full range of services we provide to address a client’s most sophisticated legal problems. We represent clients at all stages of the trial and appeals process. Our attorneys regularly appear before federal and state appellate courts, and are ready to take a case all the way to the U.S. Supreme Court, if necessary.

We have advised clients on issues involving numerous practice areas, including antitrust, bankruptcy, business and commercial litigation, energy, insurance, intellectual property, labor, securities, and tax. Additionally, lawyers in the group frequently assist at the trial court level in dealing with complex or particularly important legal issues.

Why Morgan Lewis?

At Morgan Lewis, we provide a full range of services to meet every client’s appellate needs.

Among our strengths:

  • Our attorneys participate in dozens of appellate matters each year.

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  • Our appellate practice is nationwide—our attorneys argue cases before the Supreme Court, the Courts of Appeals, and state appellate courts throughout the country.

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  • Our appellate attorneys have spent years handling appeals and appearing before appellate tribunals, enabling them to evaluate the strengths and weaknesses of appeals while avoiding “ivory tower” briefs and oral arguments untethered to the realities of court litigation.

The group is led by a former assistant to the U.S. Solicitor General who is a seasoned Supreme Court advocate with 15 Supreme Court arguments under his belt. Other key members of the group have clerked at the Courts of Appeals and state appellate courts of last resort, and frequently try cases in federal and state appellate courts across the country.

Amicus Curiae Practice

In addition to representing clients that are parties to pending appeals, our appellate lawyers also maintain an active amicus curiae practice. We routinely prepare and file amicus briefs in significant cases pending before the Supreme Court and other appellate courts on behalf of clients such as the United States Chamber of Commerce and Employers Group.

Special Issues

Our appellate lawyers routinely assist with legal dilemmas that require the thoughtful attention of someone who has experience with such problems, but is not simultaneously responsible for other aspects of the litigation. Although these matters may never reach an appellate court, our lawyers serve as consultants, providing guidance and advice. For instance, our lawyers have developed strategies and prepared motions that have been used to defeat speculative damage claims.

Special issues can also include appellate planning—assisting with motions, jury instructions, or other strategic trial court filings designed to enhance or preserve client opportunities in future appellate proceedings, should they ensue.

The practice also addresses the areas of managerial functions and overall strategic planning. For example, our lawyers have served as national appellate counsel in mass tort litigation, and in that capacity have developed and coordinated litigation strategies and have overseen multiple appellate cases pending throughout the nation.

View our list of Representative Matters for the Appeals and Special Issues Practice.