Background - Practices (Details)



Planning for potential appeals must play an integral role in any litigation effort, from the very outset and at every subsequent phase. Actions taken during the pleading, discovery, motion practice, and trial stages can have a significant effect on the likelihood of success at the appellate level, and appellate decisions typically have broad significance that extends well beyond the results of a jury trial or administrative hearing. Under these high-pressure circumstances, clients require legal representation with the experience and strength necessary to take such cases to circuit courts around the country, to the United States Supreme Court, and to victory.

Crowell & Moring's appellate lawyers partner with trial counsel to position litigation for appellate success even while a matter is still pending in the trial court. Before and during trial, we consult on and assist with mission-critical issues, briefs, and proceedings. Facing an adverse outcome after trial, and before launching an appeal, we press motions to change the verdict. Our "trial rescue" lawyers take the lead on the post-trial briefs and oral argument seeking to change or discard the result without requiring an appellate effort. 

When an appeal is required, clients can have full confidence in the skills and experience of our appellate team. Crowell & Moring has represented clients in hundreds of cases in federal and state courts of appeal nationwide, in complex matters spanning a wide range of substantive practice areas, including intellectual property, antitrust, terrorism/foreign relations law, consumer class actions, insurance coverage, commercial disputes, constitutional law, environmental law, securities law, and labor and employment law.

Our team includes lawyers who have clerked on the United States Supreme Court and federal courts of appeals, including the U.S. Court of Appeals for the Federal Circuit. Other members of our group have gained extensive appellate experience while serving in the U.S. Department of Justice or the U.S. Attorney's Office. Our lawyers have briefed and argued numerous cases before the United States Supreme Court and other federal and state appellate courts across the country.

Our appellate work includes cases growing out of our original trial and agency representations, as well as cases we first enter after trial, as appellate counsel, or as pretrial support for trial lawyers from another firm. We have represented numerous Fortune 500 and multinational companies in high-stakes appellate litigation, including AT&T, Caterpillar, CSX, DuPont, ExxonMobil, General Motors, Lockheed Martin, and United Technologies Corporation. We have also represented institutions of higher education, including the Regents of the University of California. In addition to representing the parties to appeals, we frequently prepare amicus curiae briefs on behalf of trade associations and industry coalitions (such as the American Chemistry Council and the National Mining Association) and other organizations, offering perspectives different from those presented by the parties themselves.

We understand that the judges who decide appeals base their decisions, in part, on their own broad experience and dockets. Our appellate practitioners share that breadth of experience and are likewise sensitive to the specific issues and concerns that motivate higher-court judges. The likelihood of success on appeal can be improved if the appellate strategy, briefs, and oral arguments reflect the concerns of judges with respect to the broader legal questions and the specific industries in which our clients operate. Crowell & Moring's team approach allows us to meld our substantive law and appellate backgrounds to produce winning results.