Morgan Lewis appellate lawyers litigate and win high-stakes appeals for our clients. We tackle cutting-edge issues in state and federal appeals courts nationwide, including arguing nearly 50 cases on merits before the US Supreme Court and authoring more than 100 Supreme Court briefs. We have handled appeals in every federal court of appeals, in most states’ appellate courts, and in claims and tax courts—and have won at every level of the judiciary.
Our appellate lawyers have garnered praise from Chambers USA for their impeccable work ethic, responsiveness, and client-friendly approach. And The Legal 500 US recommends our practice as “excellent,” noting our “strong reputation” at the US Supreme Court, particularly within the employment sphere.
We are particularly recognized for our appellate work on:
Our appellate team also maintains an active amicus curiae practice. In courts across the United States—including the US Supreme Court—we have filed briefs on behalf of leading organizations such as the US Chamber Litigation Center, the Securities Industry and Financial Markets Association (SIFMA), and the National Association of Manufacturers.
Federal and state constitutional challenges are at the heart of our appellate team’s practice. Regularly appearing in the US Supreme Court, all 13 federal courts of appeals, and state courts of last resort nationwide, our appellate team regularly identifies, develops, and successfully litigates constitutional challenges against legislation, regulations, and administrative and executive actions.
Our broad understanding of complex and often-changing doctrine enables us to develop effective theories for our clients—ranging from claims that state regulations are preempted by federal law, to dormant Commerce Clause challenges against protectionist legislation, to First Amendment defenses against attempts to regulate many corporate practices.
Our appellate team evaluates prospective constitutional challenges, counsels clients on the implications of various challenges before the court for their businesses, and manages complex issues from before trial all the way to the US Supreme Court.
Our appellate team has a broad understanding of administrative law, especially focusing on potential federal law challenges to adverse agency actions. Agency actions—whether through regulations, orders, or informal guidance letters—virtually always implicate important federal law issues, such as the proper scope and application of deference to an agency, whether an agency’s action violates its own organic statute, and whether an agency’s actions comply with the requirements of the Administrative Procedure Act.
In collaboration with Morgan Lewis lawyers with a broad array of specific subject matter experience, our appellate team identifies and develops these issues for review, either before the relevant agency or the courts. We also counsel our clients as to the likely effects of proposed and enacted regulations on their business plans, with an eye toward adapting to new regulatory challenges when possible, or challenging them effectively when desired.
In recent years we have secured significant, high-profile victories on behalf of our clients, including: