litigation

Appellate

Handling sophisticated matters in a broad range of areas and disciplines

Dechert’s appellate lawyers routinely represent clients before the Supreme Court of the United States, the U.S. Courts of Appeal and state appellate courts across the nation. Our lawyers are admitted to practice before the United States Supreme Court, all 13 federal appellate courts and many of the country’s state appellate courts. Handling sophisticated matters in a broad range of areas and disciplines, our lawyers bring distinguished advocacy skill and an outstanding record of government experience to the particular challenges of appellate practice. 

Team members include a former Assistant to the Solicitor General of the United States, a former Acting Assistant Attorney General and Deputy Assistant Attorney General for the U.S. Department of Justice’s Office of Legal Counsel, and a former Chief of the Appellate Unit for the U.S. Attorney’s Office for the Southern District of New York. More than 30 Dechert lawyers have served as law clerks for federal or state appellate judges, including four former United States Supreme Court clerks and clerks from federal courts of appeals and state supreme courts. Many have also served as editors of prestigious law reviews and journals. These experiences have proven invaluable in determining the viability of appeals, identifying and briefing issues and selecting and persuasively presenting arguments in court.

We are familiar with the intricacies of appellate rules, both from extensive experience and from serving on bar and judiciary conference committees that evaluate existing rules and recommend new ones. Drawing on the specific expertise and depth and breadth of experience of lawyers throughout our fully integrated offices in the United States, Europe, Asia and the Middle East, we devise the most effective appellate strategies, bring honed skills to brief writing and oral arguments and seamlessly represent clients throughout the trial and appellate process. 

We handle appeals involving widely varying factual contexts and virtually every area of law including antitrust, banking, bankruptcy, constitutional law, corporate, criminal, election law, employment, environmental law, intellectual property, Internet, insurance, mass torts and product liability, media, privacy, professional malpractice, real estate, RICO, securities, tax and telecommunications. The scope of our representation ranges from final judgment to interlocutory appeals. We also have considerable experience serving clients who wish to file amicus briefs, seek or oppose discretionary review, including writs of certiorari and seek or oppose extraordinary writs and applications for stay. 

Our lawyers often play key roles at and before trial, developing legal strategies to ensure that issues are properly preserved and evaluating opportunities for appellate review of interlocutory orders. We have successfully partnered with other firms, particularly in cases involving many parties. 

Dechert’s clients with corporate, securities, tax and real estate concerns often rely on our group’s experience with constitutional, statutory, regulatory and common law issues to help when making business decisions and structuring transactions. We assess potential outcomes in existing or threatened litigation affecting relevant businesses, placing our clients in the strongest possible position in the event of litigation or helping them avoid litigation altogether.

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