Practices/Industries

Appellate

Appellate practice demands distilling complex facts and substantive law into compelling arguments directly addressing issues important to the court.

Sutherland positions clients for success by engaging appellate lawyers early, with an eye toward a winning appeal.

Winning a case on appeal requires more than razor-sharp legal accuracy. At Sutherland, we make it a point to know the business and industry of each of our clients. This understanding gives us the tools we need to navigate the appellate process in a way that makes smart business sense.

Our clients regularly depend on us to:

  • Identify the winning issue
  • Persuasively present the facts and legal precedent in well-written, well-reasoned appellate briefs
  • Skillfully explain the case at oral argument

Sutherland appellate attorneys bring it all – intimate knowledge of our clients’ industries combined with a deep understanding of the appellate audience and well-honed advocacy skills – to provide our clients with the greatest chance of success on appeal.

Why Sutherland

Experience. Sutherland’s appellate team has deep experience in every aspect of the appeals process from developing legal theories and drafting complex motions and jury charges, to handling interlocutory appeals and mandamus proceedings. Many Sutherland attorneys began their legal careers as clerks to federal and state appellate judges, adding invaluable experience and insight to their current work before these same courts. Our attorneys have clerked for the U.S. Supreme Court, every federal circuit, and the highest courts in Alaska, Florida, Georgia and Texas. Our seasoned team of appellate lawyers includes:

  • Kent Sullivan has held positions of significance in almost every area of the legal profession, including government service as the Texas First Assistant Attorney General, and as a judge on both the trial and appellate benches.
  • Sean Jordan served as the principal deputy solicitor general in the Office of the Solicitor General of Texas, representing the state, its agencies and officials in numerous appeals before federal and state courts. Sean led a team of appellate lawyers charged with supervising the federal and state court appeals handled by the Texas Attorney General’s Office.

Industry knowledge. Sutherland’s appellate attorneys win appeals in fields ranging from antitrust, telecommunications and land use to tax, energy, franchising and distribution disputes. We prevail in appellate matters involving professional liability, securities and insurance law, and education as well as issues of employment, class actions, construction and real property. Our practice covers the range of substantive law from the most arcane regulatory and taxation issues in a specific industry to the protection of basic constitutional rights. Sutherland represents clients in appellate work before the U.S. Supreme Court, each federal circuit court, and many of the state appeals courts in the 50 states and the District of Columbia.

Amicus briefs. We readily identify key policy issues and the arguments that may affect them, because we know our clients’ businesses and industries so well. In this capacity, we often act as amicus curiae, presenting economic and other social science data relevant to a court case that may not otherwise be provided by the parties. Filing an influential amicus brief can protect client interests quickly and effectively.

Nuts and Bolts

Sutherland's appellate team has worked on matters involving:

  • Energy
  • Antitrust
  • Telecommunications
  • Land use
  • Tax
  • Franchising and distribution
  • Professional liability
  • Securities law
  • Insurance law
  • Education
  • Employment
  • Class actions
  • Construction
  • Real property
  • Constitutional claims, including habeas corpus, speech and religion
  • Sovereign immunity
  • Eminent domain

Take Action

Sutherland’s appellate team partners with clients to craft compelling, persuasive and precise arguments. We look to join a client’s legal team early in the litigation process to help hone a persuasive argument from the onset, with an eye toward building a successful appeal. Our appellate lawyers regularly manage extensive, time-sensitive tasks that arise both before and during trial, and throughout the appeals process.

Our Story

Sutherland Asbill & Brennan LLP is a law firm helping the Fortune 100, industry leaders, sector innovators and business entrepreneurs solve their biggest challenges and reach their business goals. Dedicated to unfaltering excellence in client service, we are known for our business savvy and industry intelligence, providing creative and custom solutions for each of our clients. Industry and business experience makes the difference for our clients.

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© 2014 Sutherland Asbill & Brennan LLP.
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