Appellate Practice
Successful appellate advocacy starts at the trial court level: ensuring that the right evidence comes in, the wrong evidence stays out, the right arguments are made, and the record on appeal will be fully preserved. That said, we don’t always have the luxury of overseeing a case at the trial court level—some cases come to us after the court has entered judgment and all has been said and done.
Either way, our goal is the same: to craft persuasive briefs with an eye towards featuring powerful arguments in support of the result our client needs, be it affirmance or reversal. When we are not representing our clients in a direct appeal, we are crafting amicus briefs on their behalf in support of a favorable legal position. Our team includes two former federal clerks, and our lawyers have bar admissions to the U.S. Supreme Court and numerous circuits of the U.S. Court of Appeals. A representative sample of appeals we have handled are below.
Representing defendant-appellant in a patent infringement appeal currently pending before the Federal Circuit.
Represented plaintiff-appellee in the Ninth Circuit appeal of a trademark infringement case. We secured affirmance of our trial victory and the permanent injunction issued by the judge in a published opinion.
Represented defendant-appellee before California appellate court in a precedent setting Song Beverly Credit Card Act case involving requests for PII in connection with the purchase of alcohol. The trial court had granted our demurrer, and we secured affirmance in a published opinion.
Authored brief for defendant-appellant that led to Ninth Circuit reversal in favor of client in Class Action Fairness Act (CAFA) case – the verdict was named a “Top 5 Appellate Reversal of 2014” by the Daily Journal.
Represented defendant-appellant before California appellate court and California Supreme Court in a precedent setting Song Beverly Credit Card Act case involving requests for PII in connection with electronic transactions. On remand, we secured dismissal of the case on a motion for judgment on the pleadings. The Daily Journal recognized the result as a “Top 20 Defense Verdict for 2014.”
On behalf of a major technology company that was sued for “public nuisance” for allegedly failing to properly warn of the dangers of “texting and driving,” filed a demurrer which was sustained and then secured affirmance of that ruling by the appellate court.