Comprehensive appellate advice for appeals nationwide

We provide astute and creative appellate advice that preserves your victory or overturns your defeat. Our experience in appeals covers high-stakes cases and includes product liability, complex commercial disputes, multi-district litigation, constitutional litigation, administrative law, white collar defense, environmental disputes, antitrust matters, intellectual property claims, and bankruptcy.

Related capability

Litigation, Arbitration and InvestigationsAntitrust and CompetitionBusiness and Commercial LitigationClass ActionsComplianceeDiscovery and Information ManagementFDA RegulatoryGlobal InvestigationsInternational ArbitrationProduct LiabilityState Attorneys General

We are a leading appellate law practice, with a track record in successfully litigating complex appellate matters in courts across the nation.

Our team includes several former law clerks from over 20 US offices who served with judges sitting on the highest-profile courts in the country. Our attorneys include highly-ranked experienced litigators who have practiced and argued before the US Supreme Court, all 13 federal Courts of Appeals, and state appellate courts.

We work closely with our trial colleagues from the outset to develop a winning litigation strategy in all cases. All members of our team have significant trial experience that complements their appellate skills, enhancing their ability to work effectively with trial counsel.

“Supreme Court matter work has been impressive and addresses emerging legal issues businesses grapple with regularly”

Legal Intelligencer list of Unsung Heroes

We handle appeals and legal issues meticulously at every stage of litigation. Our lawyers are skilled at developing winning legal arguments, issue spotting, objecting, preserving key issues for appeal, and framing legal issues.

We carefully evaluate the merits of an appeal, writ or motion, and persuasively advocate your rights in written briefs and at oral argument. We are dedicated to providing the appellate court with a fresh view of your issues and so persuade the court to rule in your favor. We provide you with an insider’s view of your appeal, and can anticipate concerns likely to be raised by the judicial panels that hear your case.

Awards and recognition

Named, Appellate Hot ListNational Law Journal 2022

Experience

  • Achieved a significant victory in the US Court of Appeals for the Ninth Circuit for STARZ Entertainment, LLC, affirming the enforceability of consolidated arbitration in a mass privacy dispute involving thousands of arbitration demands and establishing an important precedent for managing large scale consumer claims.
  • Achieved a significant victory in the US Court of Appeals for the Second Circuit in a high stakes securities class action for a leading pharmaceutical company. DLA Piper first obtained dismissal with prejudice in district court and then successfully defended that win on appeal. The Second Circuit affirmed in all respects the dismissal with prejudice. This case is important because it reinforces the high pleading standards for securities fraud claims and affirms that companies are not liable for failing to meet milestone deadlines when disclosures are accurate and risks are clearly communicated.
  • Obtained a rare Federal Circuit reversal and affirmance of favorable Patent Trial and Appeal Board (PTAB) rulings for American retail corporation, resulting in the invalidation of all asserted LED lighting patent claims against the client.
  • Won a unanimous California Supreme Court decision for Jo‑Ann Stores, LLC, upholding the enforceability of co‑tenancy lease provisions and establishing a landmark ruling with nationwide implications for commercial leasing.
  • Prevailed in multiple Second Circuit appeals on behalf of major Lebanese financial institutions, reinforcing constitutional limits on U.S. courts’ exercise of personal jurisdiction over foreign banks.
  • Secured a Ninth Circuit ruling vacating an adverse unconscionability finding and reinstating an arbitration agreement for a national restaurant chain, delivering a significant win for employers in California.
  • Played a leading role in a rare interlocutory appeal before the Delaware Supreme Court for Sanofi and other Zantac manufacturers, resulting in a unanimous reversal of a Daubert ruling and shaping expert‑admissibility standards in mass tort litigation.
  • Achieved a significant appellate victory for a leading children's entertainment company in a landmark Ninth Circuit decision on copyright fair use. Client had sued a comic book media company for copyright and trademark infringement based on a planned release of the client’s new book.
  • Obtained summary judgment affirmed by the Ninth Circuit for a multinational pharmaceutical company in a mass tort litigation involving claims that client’s diabetes medication causes pancreatic cancer. The decision comes after nearly eight years of litigation and effectively ended the federal litigations, which included more than 300 cases filed on behalf of the plaintiffs.
  • Served as appellate counsel for a multinational pharmaceutical and healthcare company in multidistrict litigation, securing six Fifth Circuit victories on causation and statute-of-limitations issues, including affirmance of the district court’s show-cause dismissal procedure. DLA Piper handled the briefing and oral argument in each appeal and was embedded with the trial team for the first two bellwether trials, both of which resulted in defense verdicts.
  • Successfully represented the largest wireless industry trade association in the United States—in a high-profile appeal before the US Court of Appeals for the D.C. Circuit reviewing an order of the Federal Communications Commission (FCC) that repurposed spectrum for innovative “5G” services that will facilitate the deployment of innovative services (from more efficient teleworking applications to self-driving cars to “smart” home technologies).
  • Obtained a precedent-setting appellate victory in the US Court of Appeals for the First Circuit on behalf of a national early childhood education company in an expedited eviction against one of the preschools in the Massachusetts summary process court. The decision resulted in a change to the Local Rules of the US District Court for the District of Massachusetts.
  • Following a criminal attack on a major global airline carrier’s computer systems, they were faced with regulatory and litigation challenges in the US and the UK, including a nationwide putative class action in the US asserting various claims, including breach of implied contract. Successfully won a motion to dismiss twice, which the Second Circuit recently affirmed.

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Samantha Chaifetz

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Stan Panikowski

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Featured insights

Why Now Might Be a Great Time to Sue the Government

Ilana Eisenstein,
Samantha Chaifetz,
Peter Karanjia,
Ben Fabens-Lassen
While many of the court's opinions will have major implications for Americans, it is the court's crackdown on the power of government regulators that may have the most profound effect of all. Last term's rulings left federal agencies in a weaker position than at any time in the last 50 years.
6 November 2024

US Supreme Court round-up: Business impacts for in-house counsel to know

We summarize some of the Court’s key business decisions and preview what’s ahead.
24 July 2024

Chevron overruled: In Loper Bright v. Raimondo, the Supreme Court reshapes the regulatory landscape

Paul Hemmersbaugh,
Samantha Chaifetz
The Court’s ruling has profound implications for federal agency actions, regulations, and persons subject to federal regulation, which is to say nearly everyone in the US.
28 June 2024

What is next for the CFPB after the Supreme Court’s decision affirming its constitutionality?

Austin Brown,
Samantha Chaifetz,
Whitney Cloud,
Deborah Meshulam,
Isabelle Ord,
Margo Tank,
Michael Essiaw
The Supreme Court upheld the constitutionality of the funding structure of the Consumer Financial Protection Bureau (CFPB), reversing a previous ruling from 2022.
22 May 2024

Appellate Roundtable: The Landscape for Strategic Litigation Against The Government

Samantha Chaifetz,
Ilana Eisenstein,
Ben Fabens-Lassen,
Rachel Horton,
Whitney Cloud,
Peter Karanjia,
Marie Bussey-Garza,
Stan Panikowski
When your company is adversely affected by federal or state government action, affirmative litigation can be a powerful tool for securing relief.
15 May 2024
Pier lights

Takeaways from Biden v Nebraska

Paul Hemmersbaugh,
Austin Brown,
Peter Karanjia
The Supreme Court has decided the closely watched student loan forgiveness case, Biden v Nebraska, but the dust has far from settled. In this episode, DLA Piper's Paul Hemmersbaugh, Austin Brown and Peter Karanjia discuss.
7 August 2023
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End of Chevron deference and its implications

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