Appellate Litigation: What Lies Ahead in 2019 and Beyond
The appellate litigation landscape continuously evolves as an integral area of the law. As a result, attorneys and their clients should remain aware of significant changes in the rules of appellate procedure and the way appellate litigation is practiced. Exploring the implications of these changes is essential in successfully navigating proceedings through the appellate and higher courts.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide an in-depth analysis of the fundamentals as well as recent developments surrounding the appellate litigation landscape in 2019. Speakers will also offer helpful insights and strategies in preparing efficient and compelling oral arguments.
Key topics include:
- Appellate Litigation: Recent Trends and Developments in 2019
- Notable Cases
- Best Strategies for Effective Oral Argument
- Appellate Practice – An Outlook
- What Lies Ahead?
John D. North, Partner
Greenbaum Rowe Smith & Davis LLP
- Creating and preserving a trial record that will be effective on appeal:
- Objections to evidence
- Proffers of evidence
- Motions in Limine
- Motions for curative instructions or mistrial
- Requested jury charges
Timothy Sansone, Shareholder
Sandberg Phoenix & von Gontard P.C.
- Recent Trend/Development: Emphasis on storytelling in briefs, with writing styles that prioritize the audience’s (i.e., law clerks’ and judges’) frame of reference
- Best Practices/Strategies for Effective Oral Argument: When (and how) to concede or admit; how to answer a judge’s question while steering the discussion toward key points you want to make
- What Lies Ahead: Encouraging/forcing lawyers to do more with less, through local limits on brief length/word count and the adoption of “style guides” designed to better orient lawyers toward their audience (i.e., law clerks and judges)
Val Leppert, Partner
King & Spalding LLP
- Persuasive Briefs for the Appellant: Overcoming an appellate judge’s instinct to affirm
- Issue selection and organization
- Catching the reader’s attention in your intro
- The statement of the facts: invisible advocacy
- Using helpful atmospherics
- Calibrating your brief to the target audience
- Organizing your argument section
Josephine M. Petrick, Senior Counsel
Hanson Bridgett LLP
- Trends and developments in recent cases and future implications
Alex Harris, Associate Attorney
- Oral arguments and when to stop arguing.
Who Should Attend:
- Chief Counsel
- Corporate Attorneys
- Executive Officers
- In house Counsel (Public & Private)
- Legal Executive
- Litigation officers
- Litigation Support Specialists
John D. North is chair of the Litigation Department at Greenbaum, Rowe, Smith & Davis LLP. He focuses his practice in litigation, with an emphasis on trial practice. Mr. North has tried jury and non-jury cases in state and federal courts, including over 75 jury cases to verdict. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Mr. North’s practice concentrates in commercial and banking litigation, including matters involving lender liability claims and defenses, negotiable instruments and financial fraud. Mr. North has also represented banks in class actions alleging claims under New Jersey and federal consumer legislation. Mr. North is a Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers. He is listed in Super Lawyers, Benchmark Litigation, Chambers USA and in four practice areas in Best Lawyers including Banking and Finance Litigation and “Bet-the-Company” Litigation. Mr. North is the author of the evidence treatise A Trial Lawyer’s Strategic Guide to the New Jersey Rules of Evidence, and is the only New Jersey lawyer selected as a principal author of Business and Commercial Litigation in Federal Courts, contributing the chapter in the treatise devoted to Medical Malpractice.
John D. North is chair of the Litigation Department at Greenbaum, Rowe, Smith & Davis LLP. He focuses his practice …
Timothy C. Sansone is a shareholder and leads the Appellate and Complex Litigation Team at Sandberg Phoenix & von Gontard P.C., a full-service law firm with offices in St. Louis, Kansas City, and southern Illinois.
Tim focuses on complex litigation involving product liability claims, business and commercial disputes, appellate practice, and class actions, in addition to serving as coverage counsel in insurance matters.
Before joining Sandberg Phoenix, Tim clerked for Judge Paul Simon of the Missouri Court of Appeals. In addition, he is an author of women’s success novels; his debut work, Trusting All I Want, was published in January 2019. He earned his J.D., magna cum laude, from Saint Louis University School of Law, and his B.A. in political science, with college honors, at Washington University in St. Louis.
Timothy C. Sansone is a shareholder and leads the Appellate and Complex Litigation Team at Sandberg Phoenix & von Gontard …
Val Leppert is an appellate lawyer in King & Spalding’s Atlanta office. He has handled appeals in state and federal courts across the country. Besides briefing and arguing appeals, Val often provides strategic advice to trial teams and handles legal arguments in high-stakes trials. Val has worked on a variety of legal questions, such as federal preemption, excessive compensatory and punitive damages, attorney’s fees in class actions, the nonparty fault defense, Daubert challenges to expert testimony, the jury-selection process, and the scope of permissible closing arguments. He frequently develops new and creative arguments and has achieved a number of significant victories—including dismissal of his clients before trial in some cases, favorable evidentiary rulings and jury instructions during trial in others, and reversal of large judgments after trial in several appeals that have set favorable precedent for future litigation.
Val Leppert is an appellate lawyer in King & Spalding’s Atlanta office. He has handled appeals in state and federal …
Josephine is Senior Counsel with Hanson Bridgett's Appellate Practice Group, where she focuses on appeals and law and motion in the state and federal courts. Before joining Hanson Bridgett, Josephine served as law clerk to the Honorable James L. Dennis on the U.S. Court of Appeals for the Fifth Circuit. She began her career as an attorney at the appellate litigation boutique Horvitz & Levy LLP, based in Southern California. In addition to appellate litigation, Josephine has experience litigating complex and high-stakes business, commercial, securities, and environmental matters, including class actions and multidistrict litigation. Previously, she served on the litigation teams successfully representing State Attorneys General in complex matters, including the Deepwater Horizon litigation, of unprecedented scale. Josephine also maintains an active pro bono practice.
Josephine is Senior Counsel with Hanson Bridgett's Appellate Practice Group, where she focuses on appeals and law and motion in …
Alex Harris is an associate in the San Francisco office of Gibson, Dunn & Crutcher. He currently practices in the firm’s Litigation Department. Mr. Harris focuses on appellate and intellectual property litigation.
Prior to joining the firm, Mr. Harris served as a law clerk to the Honorable Raymond M. Kethledge of the United States Court of Appeals for the Sixth Circuit. He received his law degree from Stanford Law School, where he conducted advanced clinic coursework in Supreme Court litigation and edited the Stanford Technology Law Review.
Mr. Harris has argued before federal and state courts, at the trial and appellate levels, in paid and pro bono cases. He has also served as Continuing Legal Education faculty and his work has appeared in the Maryland Journal of International Law and the Washington Legal Foundation’s Legal Opinion Letters.
Mr. Harris is licensed to practice law in the State of California and before the U.S. Supreme Court, the U.S. Courts of Appeals for the Federal Circuit and the Sixth Circuit, and the U.S. District Court for the Northern District of California.
Alex Harris is an associate in the San Francisco office of Gibson, Dunn & Crutcher. He currently practices in the …
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Method of Presentation:
General knowledge in appellate law
NY Category of CLE Credit:
Areas of Professional Practice
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About Greenbaum Rowe Smith & Davis LLP
Greenbaum, Rowe, Smith & Davis is a multi-practice law firm serving local, regional and national clients. As one of New Jersey’s leading law firms, the firm brings diverse and comprehensive expertise to the representation of both businesses and individuals. For over 100 years, the firm has earned the trust and loyalty of clients by providing sophisticated, creative and cost-effective representation through collaborative teamwork, proactive legal strategies, attention to detail and relationship-oriented service.
About Sandberg Phoenix & von Gontard P.C.
Sandberg Phoenix & von Gontard P.C. is a full-service law firm with offices in St. Louis, Kansas City, and southern Illinois.
Its four primary practice groups include business (corporate), business litigation, health law, and product liability. In addition, the firm has over two dozen teams focused on particular industries (such as banking, hospitals, and consumer products) or services (such as appellate and complex litigation, business strategies and advice, and intellectual property).
Since its founding in 1979 by nine relatively young and entrepreneurial attorneys, the firm has grown mostly organically (with occasional small, strategic acquisitions) to more than 150 lawyers in half a dozen offices in three states, backed by more than 30 paralegals and a wonderful staff of legal assistants and others who contribute to its success.
About King & Spalding LLP
King & Spalding helps leading companies advance complex business interests in more than 160 countries. Working across a highly integrated platform of more than 1,000 lawyers in 20 offices globally, we deliver tailored commercial solutions through world-class offerings and an uncompromising approach to quality and service.
About Hanson Bridgett LLP
Hanson Bridgett is a law firm with more than 150 attorneys with offices throughout California and with national and international practices. Our diverse client list includes large national and global companies as well as many governmental entities, businesses and individuals. Our attorneys frequently work on matters that cross domestic and international borders. To ensure our clients receive flawless service and top notch legal counsel wherever they may be located, we have forged alliances with firms in national and international legal networks. As members, we can provide our clients with legal expertise on the ground across the US and worldwide. We are a certified B Corp and are socially responsible members of our communities. Our firm is driven by a commitment to diversity, charitable giving, pro bono legal work and hands-on service.
About Gibson Dunn
Gibson, Dunn & Crutcher is a recognized leader in representing companies ranging from start-up ventures and emerging growth companies to multinational corporations across all major industries, particularly technology, communications, manufacturing and consumer services. We also represent the investment community, including commercial and investment banks, partnerships, and individuals. Our offices and practice groups work together seamlessly to craft customized, cutting-edge deals for our clients.
Our corporate clients benefit from Gibson Dunn’s network of over 1,200 attorneys located in 20 offices in major cities in the United States and throughout the world. In the structuring, negotiation and execution of transactions, our corporate attorneys work closely with colleagues in other practice groups, including antitrust, tax, finance and executive compensation, all of which are vital to the success of complex corporate transactions. Our lawyers also handle every aspect of litigation, crisis management, data privacy and cybersecurity, regulatory law, business restructurings and reorganizations, intellectual property, employment and labor law, and have played key roles before regulatory bodies such as the U.S. Securities and Exchange Commission.