Law360 Features Orrick Appellate Team’s “High-Stakes Wins”

5 minute read
February.15.2023

In this feature, Law360 highlighted our string of major appellate wins last year for tech, finance, life sciences clients and beyond. The publication named Orrick a 2022 Practice Group of the Year in Appellate.

Among other important successes, the feature cited a precedent-setting copyright protection ruling in the U.S. Supreme Court for Unicolors, the reversal of a $1.1 billion patent judgment in the Federal Circuit for Gilead subsidiary Kite Pharma and the reversal of hundreds of millions of dollars in damages in talc litigation against Johnson & Johnson.

"I think it's a validation of what we've been striving for, which is to do the biggest, hardest appeals, with a view toward diversity of every sort," partner Josh Rosenkranz, head of our Supreme Court and Appellate practice, told Law360, adding that the firm has worked cases that "run the gamut from copyright to banking, down to products liability to patents."

Partners Mel Bostwick and Naomi Scotten also discussed the year’s signature wins, describing the group’s unique approach to weaving in a client’s story with the key legal arguments in appeals.

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E. Joshua Rosenkranz Partner, Supreme Court & Appellate, Intellectual Property

New York

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D:+1 212 506 5380
E: [email protected]

Practice:

Finance Sector
Supreme Court & Appellate
Intellectual Property
Complex Litigation & Dispute Resolution
White Collar, Investigations, Securities Litigation & Compliance
Antitrust & Competition
International Arbitration & Dispute Resolution

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E. Joshua Rosenkranz Partner

New York

Josh has been named American Lawyer's “Litigator of the Year” twice in addition to being a finalist for 2022. In 2012, the magazine dubbed him “the Defibrillator” based on his streak of appellate wins for companies that “appeared to be at death’s door,” and in 2017 it declared, he “still deserves the moniker we once gave him.”

In 2014, The Financial Times named Josh one of the 10 most innovative lawyers in the North American legal sector for his work “demystify[ing] the technical issues” and securing a victory in the blockbuster Federal Circuit appeal, Oracle v. Google. Chambers USA has reported, “He wins accolades for his ‘brilliant analysis and judgment.’ Clients appreciate how he ‘rethinks every case from the ground up,’ and add: ‘He can take the most complicated legal or technological issue and present it in a way that seems like common sense.’” Another edition of Chambers USA added: “‘His briefs are quite simply beautiful,’” and “clients describe his courtroom presence as ‘both commanding and accessible at the same time.’ He has the ‘perfect combination of persuasiveness, intelligence, wit, and deference.’”

Josh's practice covers a wide range of subjects, including intellectual property, financial services, securities, privacy, antitrust, federal preemption, insurance law, corporate governance, criminal law, and constitutional litigation. Among his recent clients are Cisco, Credit Suisse, Cox Communications, DISH Network, Genentech, Gilead, Johnson & Johnson, JPMorgan Chase, Microsoft, Mozilla, Oracle, Sonos, and Royal Bank of Scotland.

Clients turn to Josh to win the highest stakes appeals, including appeals in cases that threaten the very survival of a business. For example:

He represented Microsoft in an international cause célèbre in the U.S. Supreme Court challenging the U.S. Government’s claim that it can serve warrants for emails stored overseas.
He represented DISH Network in one of the most high-profile patent appeals in the country, successfully overturning an injunction that threatened the company's life.
He has been lead counsel in multiple cases either defending or challenging verdicts over $1 billion.
He represented Facebook in the high-profile battle waged by the founder's Harvard classmates, the Winklevoss twins, who laid claim to the idea for Facebook, winning a ruling from the Ninth Circuit to end the lawsuit.
He won a landmark victory in a Supreme Court case that rescued the estimated $60 billion U.S. market of copyrighted goods manufactured abroad.
He represented 36 law schools in a high-profile Supreme Court case against the Department of Defense.

Josh was the founding president and CEO of the Brennan Center for Justice at New York University School of Law, one of the country’s foremost public interest firms. Over the course of eight years, he was the Brennan Center’s chief strategist on litigation and public policy advocacy. Before that, Josh founded the Office of the Appellate Defender, a public defender office specializing in criminal appeals.

Mel Bostwick Partner, Supreme Court & Appellate, Intellectual Property

Washington, D.C.

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D:+1 202 339 8483
E: [email protected]

Practice:

Supreme Court & Appellate
Intellectual Property

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Mel Bostwick Partner

Washington, D.C.

Mel’s practice capitalizes on two of her passions: technology and great writing. As an appellate lawyer, she has the opportunity to help companies protect their innovations and their intellectual property. She is adept at translating complex technology and intricate legal issues into a clear and simple presentation that judges of any background can understand. Mel brings these skills to bear in representing clients on appeal to the Federal Circuit and before the Supreme Court, and also in partnering with trial teams to address legal and strategic problems in district court, the ITC, and the PTAB. She also regularly advises technology clients on difficult IP and strategic issues facing their companies.

Mel also has the privilege of representing pro bono clients and is particularly passionate about using her Federal Circuit experience to help veterans in their appeals to the court.

Prior to joining Orrick, Mel was an associate at a litigation boutique in Washington, D.C., where she represented clients in trial and appellate litigation and before the Federal Communications Commission. Mel served as a law clerk to Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit and Judge Thomas B. Griffith of the U.S. Court of Appeals for the D.C. Circuit.

Naomi J. Scotten Partner, Supreme Court & Appellate

New York

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D:+1 212 506 5116
E: [email protected]

Practice:

Supreme Court & Appellate

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Naomi J. Scotten Partner

New York

Naomi represents clients in appellate and trial-level litigation in federal and state courts across the country. She has co-authored briefs in the U.S. Supreme Court, and federal and state courts of appeals and trial courts. She recently argued an appeal before the Ninth Circuit en banc, regarding the scope of a FOIA exemption. She has also argued appeals involving product liability, employment, and criminal law issues.

Naomi has deep experience in developing appellate strategy in multi-trial litigation that spans across jurisdictions. This work begins in the trial court, by working with trial teams to preserve key appellate issues. It extends through the appellate process, and includes strategic decisions about how and when to raise the highest-value issues, coordinating appellate strategy across multiple cases and law firms, and drafting streamlined briefs that highlight a compelling narrative with clarity and a careful attention to detail. Naomi is particularly skilled at boiling large records down to their core, making complex cases simple for busy courts.

Prior to joining Orrick, Naomi served as a law clerk for Judge Susan L. Carney of the United States Court of Appeals for the Second Circuit.

Naomi graduated magna cum laude from Harvard Law School, where she served as the Executive Director of the Harvard Legal Aid Bureau.