Supreme Court and Appellate Litigation

Sophisticated clients increasingly conclude that their most important appeals demand superior appellate skill-superb writers and polished oralists who have devoted much of their careers to studying how appellate judges think about appeals.

Orrick offers its clients the range of experience necessary to win on appeal. Our lawyers have briefed and argued hundreds of appeals in the U.S. Supreme Court, every federal court of appeals and numerous state supreme courts and intermediate appellate courts. Our appeals range from patents, bankruptcy and securities to insurance coverage, product liability and antitrust. Our lawyers reflect this range of experience and include former Supreme Court and Court of Appeals clerks, top appellate lawyers for government and advocacy groups, fellows of the American College of Trial Lawyers and certified appellate specialists.

In the past few years, our lawyers have represented parties in some of the most significant and high-profile appeals in the country, including:

• A Supreme Court patent case that The National Law Journal described as "the most significant patent infringement case to confront the biotech and pharmaceutical industries in a generation."
• A bet-the-company copyright/trademark appeal that overturned a court's order to turn over an entire worldwide Bratz trademark portfolio to competitor Mattel.
• A Supreme Court age discrimination case about the legality of the retirement plans of dozens of states.
• A high-stakes appeal revolving around who is the creator and rightful owner of Facebook-the most successful social network in history.
• A historic products liability case which ended a 30-year struggle against alleged violations of the Alien Tort Claims Act.
• A high-profile First Amendment case representing 36 law schools against the Department of Defense in the Supreme Court.

We have also filed dozens of certiorari petitions and oppositions and Supreme Court amicus briefs—most recently on topics as varied as antitrust, patent law, securities, federal preemption, Commerce Clause, school desegregation and criminal law.

We have handled high stakes appeals on behalf of such Fortune 500 companies as Applied Materials, DIRECTV, Bank of America, QUALCOMM, Wyeth, Dow Chemical and Honda Motor Co.

Because of our experience—and proven results—clients frequently turn to us for the first time on appeal, whether to overturn a loss in a lower court or administrative agency or to defend an important victory. They give us high marks not only for the quality of our work, but also for our ability to collaborate with the trial lawyers and other appellate counsel who invest time and sweat equity in the case. Clients also turn to us frequently to draft or advise on critical motions and strategy at the trial level, with a view toward positioning the case for optimal success on appeal.