Mayer Brown Supreme Court & Appellate Practice

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About

Mayer Brown's more than 45 appellate lawyers have argued more than 250 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.

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

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.

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 Third 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
DECISION ALERTFebruary 25, 2026

Supreme Court Holds that Federal Contractors Cannot Immediately Appeal Denial of Derivative Sovereign Immunity
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DECISION ALERTFebruary 21, 2026

Supreme Court Holds that IEEPA Does Not Authorize the President to Impose Tariffs
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Contact

Resources

Mayer Brown Appellate News

March 19, 2026 Public Law and Infrastructure | Infrastructure Regulatory Trends in Brazil
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March 9, 2026 Brazil O&G Permanent Offer: ANP to Hold Public Hearing on Inclusion of New Blocks
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March 4, 2026 Delaware Law Alert: Delaware Supreme Court Upholds Safe Harbor Procedures for Conflicted Transactions
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February 28, 2026 SEC Adopts Final Rule Amendments Requiring Section 16(a) Reporting for Officers and Directors of Foreign Private Issuers
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February 19, 2026 ANP Revises Rules on Maintaining Registration in the Permanent Offer
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February 18, 2026 Capital Markets Insight: Investment Bank and Private Equity Sponsor Insider Trading Policies: A Survey of Key Provisions
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February 5, 2026 Brazil O&G Permanent Offer: ANP approves draft tender protocol
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January 14, 2026 2026 Annual Report and Proxy Season: E&S Matters, Executive Compensation, and Governance
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January 14, 2026 Capital Markets Insight: Reincorporation Considerations
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January 6, 2026 SECTION 16(a): New Disclosure Requirements for Foreign Private Issuers and their Implications for Brazilian Public Companies Listed in the United States
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December 19, 2025 2026 SEC Filing Deadlines and Financial Statement Staleness Dates
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December 15, 2025 2026 Annual Report and Proxy Season: Proxy Voting Matters
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December 11, 2025 ANEEL abre Tomada de Subsídios sobre experiências internacionais em valoração de custos e benefícios da Micro e Minigeração Distribuída (MMGD)
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November 20, 2025 2026 U.S. Annual Report and Proxy Season: It’s Go Time!
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October 30, 2025 Glass Lewis Announces Changes to its Voting Recommendations Beginning in 2027
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September 30, 2025 Regulatory Climate Shift: Updates on the SEC Climate-Related Disclosure Rules
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July 24, 2025 Lei n.º 15.177/25 altera a Lei das S.A. no tocante à Divulgação de Política de Equidade
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July 24, 2025 Public Company Responsibilities Memorandum
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July 21, 2025 Market Trends 2024/2025 Disclosure Related to Climate Change
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July 21, 2025 Market Trends 2024/2025: Lock-Up Agreements
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July 11, 2025 SEC Statement on Disclosure Best Practices for Crypto Asset ETFs
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July 4, 2025 CVM cria FÁCIL, regime que descomplica o acesso de companhias de menor porte ao mercado de capitais
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June 18, 2025 Anti-ESG Shareholder Proposals in 2025
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June 17, 2025 Mid-Season Update: Shareholder Proposal Trends, No-Action Request Outcomes, and Voting Dynamics in the 2025 Proxy Season
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June 13, 2025 Credibly Challenged Podcast - Interview with Megan Neuburger, Head of US Corporate Ratings at Fitch
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June 10, 2025 SEC Issues Concept Release on Definition of Foreign Private Issuer
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June 9, 2025 Clawback and Malus Provisions in the U.S. and Brazil: A Comparative Overview
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May 30, 2025 B3 divulga aditamento ao edital de audiência restrita para aprovação do regulamento do Novo Mercado com mudança no processo de votação do Regulamento Base
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May 29, 2025 Shareholder Proposals in the Wake of Staff Legal Bulletin 14M
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May 29, 2025 Delaware Law Alert: Court of Chancery Orders Specific Performance in Acquisition of a Company Approaching Insolvency
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May 22, 2025 Delaware Law Alert: Books and Records Inspection Under the Amended §220
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May 19, 2025 Shareholder Proposals in the Wake of Staff Legal Bulletin 14M
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May 15, 2025 CVM Abre Consulta Pública para Discutir o Aprimoramento das Regras de Divulgação de Informações ao Mercado por Companhias Abertas
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April 24, 2025 MB Sounding Board: 2025 Outlook for Boards
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April 24, 2025 MB Sounding Board: Lessons from the Film “OnBoard”
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April 23, 2025 A Guide for Boards Evaluating Conflicted Transactions Under the Amended Delaware Law
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April 15, 2025 Market Trends 2024/25: Disclosure on Political Contributions
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April 15, 2025 Market Trends 2024/25: Disclosure on the Holding Foreign Companies Accountable Act
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April 15, 2025 Market Trends 2024/25: Cybersecurity-Related Disclosures
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April 14, 2025 BE-10 Benchmark Survey Season Returns: What US Investors in Foreign Enterprises Need to Know
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April 14, 2025 Delaware Law Alert: A Step-by-Step Approach for Boards Evaluating Conflicted Director, Officer, and Controlling Stockholder Transactions Under the Amended Delaware Corporation Law
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April 7, 2025 Chancery Court Clarifies Delaware’s Stance on Sandbagging and Transaction Multiple for Damages
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