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

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 ALERTJuly 1, 2024

Supreme Court Holds That Lower Courts Failed To Properly Analyze Facial Challenges To Laws Regulating Social Media Companies’ Content Moderation – And Affirms First Amendment Protection For Content-Moderation Choices
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DECISION ALERTJuly 1, 2024

Supreme Court Expands Time To Challenge Agency Regulations
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Contact

Resources

Mayer Brown Appellate News

January 15, 2025 2025 SEC Filing Deadlines and Financial Statement Staleness Dates
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January 6, 2025 What’s the Deal? – Rule 10b5-1 Plans
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December 30, 2024 MB Sounding Board: Dual Listed Companies and Associated Challenges
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December 17, 2024 Interview with Patrick Quinn, former GC of New York Community Bancorp
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November 8, 2024 MB Sounding Board: Diversity on Corporate Boards
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October 29, 2024 Federal Reserve Requires Banking Organizations to Verify and Reconcile Organization Structure Charts
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October 23, 2024 Hong Kong Security Bureau's Response to Stakeholder Submissions on Proposed Legal Framework for Regulating Critical Infrastructure
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October 14, 2024 B3 publica segunda rodada da consulta pública com alterações das regras do Novo Mercado
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September 26, 2024 MB Sounding Board: How In-House Counsel Prepares Directors for Board Meetings
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August 6, 2024 US Regulators Propose Data Standards to Implement the Financial Data Transparency Act
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July 24, 2024 Hong Kong Proposes a Legal Framework for Regulating Critical Infrastructures
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July 19, 2024 The Fifth Circuit Invalidates the SEC’s Rescission of Notice-And-Awareness Provisions
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June 25, 2024 Developments and Trends in Delaware Officer Exculpation Charter Amendments
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June 5, 2024 CVM publica regras que alteram ritos de participação e votação a distância em assembleias gerais de acionistas
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May 30, 2024 MB Sounding Board: Shareholder Engagement
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May 20, 2024 SEC Adopts Amendments to Regulation S-P
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May 3, 2024 B3 publica proposta de alterações relativas à governança corporativa focadas na proteção de investidores e no fomento da atratividade do mercado de capitais brasileiro
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May 3, 2024 New York Federal Reserve Officer Expresses His Views on Legal Risk Management
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April 3, 2024 A Matter Of Propriety: Delaware Courts Reject Books-and-Records Demand Driven by Ulterior Motive
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April 1, 2024 The SEC Climate Change Disclosure Rules: Governance and Management Related Disclosures and Considerations
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April 1, 2024 The SEC Climate Change Disclosure Rules: An Overview
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March 27, 2024 MB Microtalk: FINRA Notice on Private Placements – Part 1
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March 27, 2024 MB Microtalk: Mitigating Greenwashing Risk
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March 27, 2024 MB Microtalk: FINRA Notice on Private Placements – Part 3
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March 27, 2024 MB Microtalk: FINRA Notice on Private Placements – Part 4
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March 27, 2024 Delaware Supreme Court Upholds Forfeiture-for-Competition Provision in Limited Partnership Agreement
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March 27, 2024 MB Microtalk: FINRA Notice on Private Placements – Part 2
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March 26, 2024 MB Microtalk: What is Greenwashing?
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March 26, 2024 MB Microtalk: Navigating the Risks of Greenwashing – Part 1
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March 26, 2024 MB Microtalk: Navigating the Risks of Greenwashing - Part 2
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March 25, 2024 Delaware Chancery Court Invalidates Common Stockholder Agreement Provisions
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March 21, 2024 Global Climate Change Disclosure Initiatives and Board Corporate Governance Considerations
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March 15, 2024 MB Microtalk: The SEC’s Climate-Change Disclosure Rules: Gap Analyses, Disclosure Controls and ICFR Considerations
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March 14, 2024 MB Microtalk: The SEC’s Climate-Change Disclosure Rules: Reg S-X Changes
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March 9, 2024 SEC Adopts Climate Change Disclosure Rules Applicable to Public Companies and Offerings
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March 7, 2024 CVM divulga Ofício Circular Anual 2024 para companhias abertas, estrangeiras e incentivadas
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March 6, 2024 Vietnam's New Banking Law for Foreign Investors - Five Key Takeaways
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March 1, 2024 Whose Role is It Anyway? Distinguishing Corporate Officers from Directors
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February 7, 2024 Management Due Diligence Interviews
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February 6, 2024 Singapore’s Carbon Regulations: Paving the Way for the Green Plan 2030
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February 5, 2024 MB Microtalk: Proxy Season Highlights
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February 2, 2024 CVM edita mais uma norma sobre divulgação de informação acerca de práticas de apoio à diversidade e inclusão por companhias abertas
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