Appellate

At Ogletree Deakins, our appellate attorneys know that appeals court rulings can affect our clients’ industries as a whole. Ogletree Deakins’ appellate work has made a global impact in several industries. Our appellate victory regarding the interpretation of the federal Mine Safety and Health Act (MSHA) was a boon to the entire mining industry. In addition, our recent successes in persuading federal appeals courts to reverse or remand controversial National Labor Relations Board (NLRB) rulings regarding notice posting and protected concerted activity helped both union and non-union employers. Through their appellate work, our attorneys have also contributed to seminal rulings establishing employer-friendly notice standards under the Family and Medical Leave Act (FMLA) and the use of the federal enclave defense. Our untiring appellate work demonstrates that we recognize the vital importance of effective appellate advocacy for our clients’ businesses.

Experienced Appellate Attorneys

Ogletree Deakins’ attorneys have appeared before the Supreme Court of the United States, as well as every federal appeals court and numerous state appellate and supreme courts. Many of our attorneys have served as judicial clerks with state and federal appeals court judges. Many have considerable experience arguing a wide range of legal issues before appellate courts.

For clients ranging from small businesses to national retail chains and industry trade associations, our attorneys routinely provide appellate services that include:

• researching and drafting appellate briefs;
• advising trial counsel of legal considerations for appeals;
• conducting oral argument;
• filing interlocutory appeals;
• filing petitions for mandamus ; and
• filing petitions for or opposing certiorari.

Amicus Curiae / “Friend of the Court”

Businesses, trade associations, and other organizations frequently call on Ogletree Deakins attorneys to file amicus curiae briefs with the Supreme Court of the United States and other tribunals on landmark labor, employment, and benefits cases. As a result, our attorneys have filed numerous amicus curiae briefs with the Supreme Court of the United States, advocating for the interests of employers, businesses, and numerous industries.

Communication and Value

We seek and value our clients’ input at every stage of an appeal, both in terms of preparing for the issues and in terms of expectations and budgeting. Our firm is a leader in offering value-based and alternative-fee billing structures that meet the business needs of clients.

Appellate Practice Group Leaders

David L. Schenberg

Jack S. Sholkoff