Mayer Brown Supreme Court & Appellate Practice

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Mayer Brown's more than 55 appellate lawyers have argued more than 235 cases before the Supreme Court—including eighteen in the five most recent Terms—as well as hundreds more in federal and state appellate courts across the nation.
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Appellate Timeline
Areas Of Focus

Class Actions

Pro Bono & Civil Rights

Administrative & Environmental

Antitrust & Competition

Banking & Securities

Employment & ERISA

Intellectual Property

Preemption

Punitive Damages

Supreme Court

Torts & Product Liability
Appellate Lawyers

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Lawyer Fact

Evan M. Tager
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Named to National Law Journal’s “Champions and Visionaries” list.

Kevin S. Ranlett
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Serves as a Professorial Lecturer in Law at The George Washington University Law School, where he teaches advanced appellate advocacy.

Andrew Pincus
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Received the 2014 Research & Policy Award at the US Chamber of Commerce Institute for Legal Reform’s (ILR) 15th Annual Legal Reform Summit. The annual Legal Reform Awards honor individuals and organizations whose outstanding work has contributed to reforming America’s civil justice system.

Eileen Penner
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Worked in the Civil Rights Division at the US Department of Justice, first as a trial attorney in the Housing and Civil Enforcement Section, then as an appellate attorney in the Appellate Section.

Archis A. Parasharami
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Identified by the National Law Journal as a DC Rising Star

Michele L. Odorizzi
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Clerked for Justice John Paul Stevens on the United States Supreme Court (1979 Term).

Brian D. Netter
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Served as a law clerk to Associate Justice Stephen Breyer on the US Supreme Court.

Miriam R. Nemetz
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Former Associate Counsel to the President of the United States.

Stephen J. Kane
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Clerked for Judge Frank J. Magill of the United States Court of Appeals for the Eighth Circuit.

Erika Z. Jones
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Former National Highway Traffic Safety Administration (NHTSA) Chief Counsel.

Dan Himmelfarb
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Dan's appellate work has earned him recognition in The Legal 500 United States, The National Law Journal’s “Appellate Hot List,” The Best Lawyers in America and Washington DC Super Lawyers.

Kenneth S. Geller
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Served as Deputy Solicitor General of the US Department of Justice.

Andrew L. Frey
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Awarded the Presidential Award for Meritorious Service.

Donald M. Falk
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The American Lawyer observed that "Donald Falk is becoming California's class action killer."

Timothy S. Bishop
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Briefed more than 60 cases for the Supreme Court of the United States.
Cases & Experience

SEARCH CASES & EXPERIENCE

Alice Corporation Pty., Ltd., v. CLS Bank Int’l (U.S. Supreme Court)

The Supreme Court has long held that Section 101 contains implicit exceptions to the scope of subject matter that is patentable.
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buySAFE, Inc. v. Google, Inc. (Federal Circuit)

Google retained us to defend it against patent infringement claims relating to e-commerce. buySAFE asserted claims as to third-party performance guarantees in the context of Internet commerce.
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Morrison v. National Australia Bank Limited (U.S. Supreme Court)

After the Supreme Court granted certiorari to consider the extraterritorial reach of Section 10(b) of the Securities Exchange Act, we were retained by a series of European banking associations who appeared as amici.
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Retirement Board v. The Bank of New York Mellon (Second Circuit)

In a resounding victory for our client, the Second Circuit adopted our argument that the Trust Indenture Act, which extends certain statutory requirements and protections to trust instruments, doesn’t apply to residential mortgage-backed securities.
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Segin v. Stewart Title Guaranty (Federal Circuit)

The America Invents Act creates a post-grant review mechanism at the Patent & Trademark Office for certain Covered Business Method (“CBM”) patents.
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Ninestar Technology Co. v. ITC (Federal Circuit; U.S. Supreme Court)

The patent exhaustion doctrine provides that, following a first, authorized sale of a patented article, the patentee has exhausted its rights to the product.
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Sino Legend v. ITC (Federal Circuit)

The International Trade Commission instituted a Section 337 investigation against Sino Legend, pursuant to a complaint that it misappropriated a competitor’s trade secret in China.
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Lelo Inc. v. ITC (Federal Circuit)

Following an investigation, the International Trade Commission concluded that certain manufacturers violated Standard Innovation’s patent claims relating to certain consumer electronics.
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United States v. Zepeda (Ninth Circuit en banc)

The Indian Major Crimes Act establishes federal criminal jurisdiction over certain violent offenses committed by Indians within Indian Country.
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Rothstein v. UBS AG (Second Circuit)

The Anti-Terrorism Act (ATA) creates a private cause of action against entities that engage in acts of terrorism.
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Hana Financial, Inc. v. Hana Bank (U.S. Supreme Court)

Trademark tacking permits a trademark owner to make insubstantial alterations to a mark without losing priority. Tacking is permitted in only the most narrow of circumstances; the two marks must qualify as “legal equivalents.”
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Fitzgerald v. Barnstable School Committee (U.S. Supreme Court)

Section 1983 permits an individual to bring a claim for a constitutional violation, including equal protection claims, against a state government official.
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Crowther v. Consolidated Rail Corp. (First Circuit)

After CSX won a jury verdict on a plaintiff’s Federal Employers Liability Act claim, we were retained to defend the victory.
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Bowman v. Monsanto Co. (U.S. Supreme Court)

The Supreme Court granted certiorari to consider the question of patent exhaustion in the context of patented soybean seeds.
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Astrue v. Capato (U.S. Supreme Court; Third Circuit)

The Supreme Court granted certiorari to address whether a posthumously conceived child qualifies as a “child” for purposes of Social Security survivorship benefits.
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American Broadcasting Companies, Inc. v. Aereo, Inc. (U.S. Supreme Court)

The Supreme Court granted certiorari to consider the proper construction of the “Transmit Clause” of the Copyright Act as it relates to a company that permits users to watch television programs over the Internet.
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Abelesz v. OTP Bank (Seventh Circuit)

A number of individuals brought suit against multiple Hungarian banks, arguing that various property expropriations occurred at predecessor institutions during World War II.
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Bemis v. State Farm Fire & Casualty Co. (Illinois)

A chiropractor and his practice group brought a putative class action against our client, State Farm, for breach of contract and unjust enrichment arising from the insurer’s alleged operation a “silent PPO.”
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Ferguson v. Corinthian Colleges, Inc. (Ninth Circuit)

Former students at for-profit colleges brought a putative class action against the colleges, claiming that they were misled into enrolling and taking out student loans (which they could not repay) by assurances about their job prospects after completing their studies.
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Hancock v. AT&T Co. (Tenth Circuit)

The plaintiffs in this case brought a multistate class action in federal court in Oklahoma on behalf of customers of AT&T, alleging that they were dissatisfied with AT&T’s U-Verse service (which provides television, voice, and Internet services).
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Treatises

Supreme Court PRACTICE TREATISE

Edited and authored by Mayer Brown lawyers, Bloomberg BNA’s Tenth Edition, Supreme Court Practice provides a comprehensive analysis of the Supreme Court.

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Federal Appellate Court PRACTICE TREATISE

Edited and authored by Mayer Brown lawyers, Bloomberg BNA’s Second Edition, Federal Appellate Practice book is the primary resource for fully understanding the federal appellate process.

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Resources
Resources
- Mayer Brown Appellate News
- Docket Reports & Decision Alerts
DOCKET REPORTJune 27, 2017

Foreign Sovereign Immunity—Attachment of Assets Owned by State Sponsors of Terrorism
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DOCKET REPORTJune 27, 2017

Tenth Amendment—Federal Commandeering of State Regulatory Power
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Contact

Leading with Experience

Featured Fact

In OT2016, Mayer Brown will be arguing four cases before the U.S. Supreme Court. Our Appellate team also had two cert. amicus briefs granted this Term.

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Leading with Experience

Featured Fact

In OT2015, four different Mayer Brown lawyers won four major US Supreme Court victories, including the Term’s only blockbuster win for business interests, Spokeo, Inc. v. Robins.

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Leading with Experience

Featured Case

Shapiro v. McManus (U.S. Supreme Court)

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Leading with Experience

Featured Case

Spokeo, Inc. v. Robins (U.S. Supreme Court)

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Leading with Experience

Featured Fact

In each Supreme Court Term since 1987, at least one Mayer Brown lawyer has given an argument.

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Leading with Experience

Featured Fact

Members of Mayer Brown’s Supreme Court & Appellate practice have argued about one appeal per week for the past several years.

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Leading with Experience

Featured Fact

Members of Mayer Brown’s Supreme Court practice have argued more than 235 cases in the Supreme Court.

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Explore our Appellate Map

See where Mayer Brown’s appellate lawyers have argued and won some of the most important cases of our time.

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In The News

September 22, 2017 Trump’s Delay of Immigration Rule Prompts Venture Capitalist Lawsuit

Litigation & Dispute Resolution partner Paul Hughes (Washington DC) is working on this matter. Read »

September 22, 2017 Venture Capital Advocates Sue Trump Over Delayed Foreign Entrepreneur Rule

Litigation & Dispute Resolution partner Paul Hughes (Washington DC) is working on this matter. Read »

September 20, 2017 Equifax Response Highlights Raw Deal for Retail Banking Customers

Litigation & Dispute Resolution partner Andrew Pincus (Washington DC) is quoted in this article. Read »

September 18, 2017 Law prof (and ex-Scalia clerk): Evidence shows class actions deter corporate misconduct

Litigation & Dispute Resolution partner Andrew Pincus (Washington DC) is quoted in this article disagreeing with professor Brian Fitzpatricks's findings on class actions. Read »

September 15, 2017 Plaintiffs use reputation risk in 401(k) lawsuits against money managers

Litigation & Dispute Resolution partner Brian Netter (Washington DC) and ERISA Litigation partner Nancy Ross (Chicago) are quoted in this article.
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