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Thinking about appellate strategy early on—while a case is before the trial court or an agency—is a key part of how we approach litigation. Even if a case never ends up before an appeals court, clients need to be prepared, and a sharp appellate strategy makes for a sharper trial strategy.

Crowell & Moring’s appellate attorneys have represented clients in hundreds of cases before the United States Supreme Court, federal Courts of Appeals, and state appellate courts, in matters spanning a wide range of substantive practice areas including: antitrust, environment and natural resources, intellectual property, commercial law, health care, and administrative and constitutional law. Our team includes attorneys who have clerked on the United States Supreme Court or federal or state courts of appeals, as well as former Department of Justice appellate litigators.

In addition to representing both appellants and appellees in cases involving review of lower court decisions, we also represent parties in petitions for direct appellate review of agency action, such as federal rulemakings and guidance documents. We have represented both those challenging the rules as petitioners and those supporting the rules as intervenors; sometimes we take on both roles in the same case, challenging the rule on certain points, while supporting it against other challenges. We also file amicus curiae briefs on behalf of trade associations and other clients in the Supreme Court and other appellate courts, striving to offer the courts our clients’ unique perspectives.

We strive to integrate our appellate practitioners into case teams early in the litigation process in order to best position our clients to achieve lasting victories. Crowell & Moring’s team approach allows us to meld our deep knowledge of the substantive law and the appellate process to produce winning briefs and arguments.

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"Nevada Supreme Court Allows Insurer to Recoup Defense Costs, Rejecting the Approach of the Restatement of the Law, Liability Insurance," Insurance/Reinsurance Alert (March 22, 2021). Contacts: Laura Foggan, Rachel A. Jankowski, Rachael Padgett
Client Alert/Newsletter
"Dismissal, Says Who? Recent Seventh and Ninth Circuit Decisions Offer Competing Views on DOJ’s Dismissal Authority under the False Claims Act, But Congress May Have the Last Word," Government Contracts Bullet Points (September 18, 2020). Contacts: Brian Tully McLaughlin, Preston L. Pugh, Lyndsay A. Gorton, Sean K. Griffin
Client Alert/Newsletter
"CERCLA Litigation Watch: First Subsurface Intrusion NPL Site Listing Challenge Fails in the D.C. Circuit," Environment & Natural Resources Law Alert (August 14, 2020). Contacts: Richard McNeil, Jennifer A. Giblin, Elizabeth B. Dawson
Client Alert/Newsletter
"COVID and the Courts: State Court Edition," Litigation Alert (March 30, 2020). Contacts: Amanda Shafer Berman, Astor Heaven, Mark A. Klapow, Andrew Holmer, Eli Berns-Zieve
Client Alert/Newsletter
"The High Court Heightens the Bar for Section 1981 Discrimination Claims," Litigation Alert (March 25, 2020). Contacts: Amanda Shafer Berman, Laurel Pyke Malson
Client Alert/Newsletter
"Appeal Without Argument: A Coronavirus Contingency, or the New Normal?," Litigation Alert (March 24, 2020). Contacts: Amanda Shafer Berman, Daniel W. Wolff
Client Alert/Newsletter
"Delaware High Court: No Coverage for Intentional Assault; "Accident" Is Judged from Insured’s Standpoint, Not Victim’s," Insurance/Reinsurance Alert (February 5, 2020). Contacts: Laura Foggan, Stephanie V. Corrao
Client Alert/Newsletter
"Federal Circuit Adds New Guidelines to its Oral Argument Guide," (February 3, 2020). Contacts: Ali Tehrani, Terry Rea
Client Alert/Newsletter
Crowell & Moring Releases Litigation Forecast 2020: What Corporate Counsel Need to Know for the Coming Year (Jan.22.2020)
Firm News/Announcement
Appellate – Stare Decisis: Will Precedent Survive Scrutiny? (January 22, 2020). Contributor: Thomas A. Lorenzen.
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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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