The Appellate Practice: Litigation Tips and Strategies You Need to Know
The appellate landscape has continued to evolve in both the federal and state courts over the past several years. With significant trends, developments, and notable court decisions, this area of law should continue to change. Many of these appellate law developments are highly technical and missteps can be fatal to the appellate claims of practitioners and their clients. Thus, it is imperative that counsel to businesses have a current, deep understanding of the emerging trends in appellate law practice, so they can develop strategic action plans to preserve appellate issues and successfully prosecute them on appeal.
Join a panel of key thought leaders and practitioners assembled by The Knowledge Group as they present to the audience an in-depth discussion of appellate practice in 2019. Speakers will dig deeper as they analyze emerging critical issues in light of recent trends, developments, and court rulings. They will also offer practical litigation tips and strategies in this rapidly changing legal climate.
This LIVE Webcast will discuss the following:
- Trends and Developments in Appellate Law
- 2019 Statistics
- Notable Cases and Court Rulings
- Risk Issues and Challenges
- Best Litigation Strategies
- What Lies Ahead
Robins Kaplan LLP
- There are likely no aspects of appellate litigation more important than preserving the record for appeal and appealability. Trial counsel, in-house counsel and clients often lose sight of the fact that an appeal is only as good as the issues that are preserved, and issues that are not preserved are deemed forfeited on appeal. We’ll be discussing some of the most crucial considerations with respect to preserving the record at trial, including post-trial motions. Without proper record preservation, there is no appeal.
- Understanding when a judgment or an interlocutory order may be appealed, and how, is critical to planning litigation strategy in trial and district court. We’ll discuss the general rules of appealability, including application of the rules to the most common types of interim orders, such as injunction orders, discovery orders, and procedural orders, and whether and how these can be appealed.
- Finally, and perhaps most importantly, we’ll discuss the all-important exceptions to the general rule to the general prohibition of piecemeal, immediate appeals. This will include writs, appeals by permission of certified issues, and class action certification rulings. These exceptions provide parties an opportunity to short-circuit what at first blush appears to be a fatal blow dealt by the district court, and often mean the difference between a forced settlement and dismissal.
- Whenever relevant, we’ll note how the federal rules diverge from state court practice in California, as there are some significant appellate-related differences that affect a party’s choice of forum.
Bradley Arant Boult Cummings LLP
- The centrality and effective use of the standard of review. Shockingly, this is often overlooked or is tossed in at the last minute, to the great detriment of many parties to an appeal.
- This is overcome by "Asking the Why?", meaning truly understanding why a particular standard of review applies or purportedly applies. Many points are lost or won here, because, for example, sometimes parties adopt a more stringent standard of review than is necessary by failing to ask "the why."
- "Asking the Why" can be effectively applied in other ways. A unique example comes up in the context of appeals from administrative agencies or cases involving administrative interpretations of statutes. Notions of deference to such agency interpretations are governed by doctrines that are frequently misapplied because parties are often too hasty in making their arguments. The outcomes of some appeals have turned on which party asks "why" a purported doctrine - which was simply assumed to apply by the other party or the trial court - should apply.
Who Should Attend:
- Appellate Lawyers
Glenn Danas is a partner in Robins Kaplan LLP’s Appellate Practice Group, based in its Los Angeles office. Glenn focuses on appeals and major motions, and has substantial experience litigating class actions. Glenn has argued dozens of appeals in the state and federal appellate courts, including Iskanian v. CLS Transportation Services, McGill v. Citibank, and Williams v. Superior Court (Marshalls), all in the California Supreme Court. Glenn was named one of the Top 100 Attorneys in California in 2017 by the Daily Journal, and received a California Lawyer Attorney of the Year (CLAY) award in 2015 for his work on Iskanian.
Glenn currently serves on the Los Angeles County Bar Association’s State Appellate Judicial Evaluation Committee (SAJEC) and on the State Bar’s Committee on Appellate Courts. Glenn was a law clerk to the Hon. U.W. Clemon, U.S. District Court, Northern District of Alabama (2001-2002). Glenn graduated from Emory University School of Law with honors and was a member of the law review in 2001, and from Cornell University with a B.S. in 1998.
Glenn Danas is a partner in Robins Kaplan LLP’s Appellate Practice Group, based in its Los Angeles office. Glenn focuses …
Marc James Ayers is a partner in Bradley’s Appellate Litigation Group. Marc is listed in The Best Lawyers in America® and Mid-South Super Lawyers in the field of Appellate Law, and represents individual, corporate and governmental clients before state and federal appellate and trial courts throughout the country. He has also represented clients on petitions for certiorari and amicus curiae briefs to the U.S. Supreme Court. Marc has presented oral argument in the Fourth, Eighth, Ninth, Eleventh, and D.C. Circuits, and in various state appellate courts in Alabama, Florida, Louisiana, New York and Maryland.
Marc has served as the Chair of the Alabama State Bar’s Appellate Practice Section, and is board certified in appellate practice by the Florida Bar’s Board of Legal Specialization and Education. Marc is frequently invited to lecture on appellate practice, and is the author of several articles on that subject and others. A former law clerk to Alabama Supreme Court Associate Justice J. Gorman Houston, Jr., Marc earned his J.D. from the Cumberland School of Law at Samford University and earned a B.A. from Florida State University.
Marc James Ayers is a partner in Bradley’s Appellate Litigation Group. Marc is listed in The Best Lawyers in America® …
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Method Of Presentation:
General knowledge of appellate law
NY Category of CLE Credit:
Areas of Professional Practice
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About Robins Kaplan LLP
Robins Kaplan LLP is among the nation’s premier trial law firms, with more than 250 attorneys in eight major cities. Our attorneys litigate, mediate, and arbitrate client disputes, always at-the-ready for an ultimate courtroom battle. When huge forces are at play, major money is at stake, or rights are being trampled, we help clients cut through complexity, get to the heart of the problem, and win what matters most.
We are clearly focused on business results for our clients. We achieve landmark triumphs and drive thousands of other cases to resolution before they ever hit the courtroom or the front page. From Big Tobacco to Kraft v. Starbucks, Bhopal and the World Trade Center—we have changed law, business, and society for the better by redefining what’s possible.
About Bradley Arant Boult Cummings LLP
Bradley is a national law firm with a global perspective. With offices in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, the firm’s over 500 lawyers represent regional, national and international clients in various industries, including financial services, healthcare, life sciences, real estate, construction, technology, energy, insurance, and entertainment, among many others. Bradley attorneys combine legal experience and knowledge with a sophisticated understanding of industries to provide clients with practical, strategic solutions specifically tailored to their business operations. Clients rely on Bradley for innovative solutions, dependable responsiveness and a deep commitment to success.