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.

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.

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 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 ALERTJanuary 14, 2020

Supreme Court Punts on Standard for ERISA Stock-Drop Litigation
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DECISION ALERTJune 27, 2019

Supreme Court Holds That Partisan Gerrymanders are Unreviewable Under the Political Question Doctrine
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Contact

Resources

Mayer Brown Appellate News

March 15, 2020 SIFMA C&L Annual Seminar 2020
Mayer Brown is proud to be a sponsor of the 2020 SIFMA C&L Annual Seminar. For 52 years, SIFMA’s C&L Annual Seminar has served as the preeminent event for compliance and legal professionals working in financial services.Read »
January 24, 2020 WLF Webinar - Closing the Gate to Junk Science
During the Washington Legal Foundation’s webinar on “Closing the Gate to Junk Science,” Evan Tager and Craig Woods will discuss how outside and in-house counsel can encourage judges to apply the Monograph’s principleRead »
December 11, 2019 Four Mayer Brown partners named 2019 “MVPs” by Law360
Mayer Brown announced that Brian Kittle (New York), Brian Netter, Andy Pincus and Evan Tager (all Washington DC) were named “MVPs” by Law360. This recognition honors “elite” lawyers who have “distinguished themRead »
November 11, 2019 Is the Supreme Court’s Fate in Elena Kagan’s Hands?
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October 29, 2019 Mayer Brown named to National Law Journal’s “Appellate Hot List” for 12th consecutive year
Mayer Brown announced that it has been named to the National Law Journal (NLJ)’s 2019 “Appellate Hot List,” which recognized 25 law firms for their success before the US Supreme Court and federal appeals courts. Mayer BrowRead »
October 25, 2019 Appellate Hot List 2019: Mayer Brown
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October 4, 2019 4 High Court Cases Enviro Attys Should Watch This Term
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September 20, 2019 California Legislature Codifies Dynamex Standard and Expands Its Reach
On September 19, 2019, California Governor Gavin Newsom signed into law Assembly Bill (AB) 5, thereby making it significantly more difficult for businesses in California to classify workers as independent contractors rather than employeeRead »
August 26, 2019 Annual Review of Federal Securities Regulation
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July 19, 2019 Justice Stevens' Most Important Personal Injury Opinions
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July 17, 2019 The Stories They Tell About Justice Stevens
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July 17, 2019 The John Paul Stevens they knew
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July 12, 2019 Trump’s Top SCOTUS Lawyers Post Winning Term, But Barely
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July 3, 2019 This Supreme Court term, Roberts was deciding vote in 'the big ones that counted'
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June 29, 2019 They’re not ‘wonder twins’: Gorsuch, Kavanaugh shift the Supreme Court, but their differences are striking
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June 28, 2019 DC Circ Piles onto Standing Split with Data Breach Ruling
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June 28, 2019 Trump Supreme Court Pick Kavanaugh Delivered the Goods for Conservatives
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June 28, 2019 Roberts' Supreme Court defies easy political labels
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June 27, 2019 The Firms That Won Big At The Supreme Court
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June 27, 2019 Former Supreme Court Clerks Debate Blockbuster Decisions
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June 25, 2019 High Courts Seaman Injury Decision A Boon For Shipowners
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June 25, 2019 Supreme Court: No Punitive Damages for Seafarer Injury Claims
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June 24, 2019 Supreme Court Rejects Punitive Damages for Injured Sailors
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June 19, 2019 The US Supreme Court: How Free Enterprise Fared in October Term 2018
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