Our team has been arguing precedent-setting cases before the Supreme Court of the United States for decades and has briefed and argued hundreds of contentious, high-stakes civil and criminal cases, securing victories in federal courts of appeals and state appellate courts across the US.
We have helped our clients achieve their commercial objectives, established major statutory and constitutional precedents and defended the constitutionality of existing federal and state laws. Our team has presented oral argument in over 20 cases before the US Supreme Court
For example, our lawyers have won defense victories in major Supreme Court cases arising under the Americans with Disabilities Act Sutton v United Air Lines) and the Robinson-Patman Act (Volvo Trucks v Reeder-Simco) and won numerous bankruptcy and distressed-debt appeals in the Second, Third, Fifth and Sixth Circuits, as well as the landmark Stern v Marshall and Bank of America v 203 North LaSalle cases in the Supreme Court. Our lawyers are also ranked in Chambers USA (including band 1 nationwide) and hold memberships in such appellate-focused organizations as the American Academy of Appellate Lawyers and the Edward Coke Appellate Inn of Court.
Our appellate litigators engage in trial work, ensuring our ability to identify lower-court errors and preserve key issues for appeal. By being involved from the start of a case, we know every detail and can present the most compelling arguments on appeal. As a result, our Supreme Court and appellate litigation team is frequently retained to continue advocating for clients we represented at trial.
Our lawyers have argued and won appeals in an array of cases for companies, municipalities, state governments, trade associations and individuals involving:
- Antitrust
- Bankruptcy
- Civil RICO and white collar defense
- Corporate and securities matters
- Criminal law, including the death penalty
- Intellectual property
- Environmental law
- False claims
- Federal jurisdiction
- First Amendment, civil rights and other constitutional challenges
- Labor, employment and pensions
- Pre-emption
- Separation of powers
- Sovereign bond default
With insights gained over decades litigating in federal and state appellate courts, we can anticipate issues and develop strategies to resolve matters swiftly and cost-effectively.
Experience
Putative consumer class action against Clearblue ovulation test kits
The Second Circuit affirmed a district court’s order dismissing a putative class action complaint challenging the advertising of nearly the entire market of at-home ovulation test kits, including our client, SPD Swiss Precision Diagnostics, maker of the Clearblue brand
Gamma Real Estate Capital
The US Court of Appeals for the Second Circuit unanimously affirmed the dismissal of lender liability claims against Gamma Real Estate Capital and its affiliates
EIG Global Energy Partners
The DC Circuit Court of Appeals handed another major win to EIG Global Energy Partners, when it unanimously affirmed the DC Circuit’s decision to deny Petrobras’s motion for summary judgment, holding that Petrobras was not immune from liability under the Foreign Sovereign Immunities Act
Highland Capital
Won a significant victory for client Highland Capital Management when the Fifth Circuit upheld all the key aspects of a bankruptcy court’s order confirming Highland Capital’s plan of reorganization. The court turned aside a panoply of challenges based on the absolute priority rule, noncompliance with a reporting rule, and alleged errors in factual findings about ousted Highland founder James Dondero’s control of various litigious entities
Outdoor recreation and conservation groups
Represented a group of major outdoor recreation and conservation organizations, filing an amicus brief in a Clean Water Act case before the Supreme Court of the United States. The case, Sackett v EPA, is expected to determine the standard for when wetlands qualify as “Waters of the United States” (WOTUS) under the Clean Water Act
Sutton 58 Associates LLC
The New York Court of Appeals reinstated a lawsuit brought by Sutton 58 Associates LLC, an affiliate of Gamma Real Estate, against real estate investor Philip Pilevsky, his sons and related entities. The suit seeks approximately $100 million in damages against the Pilevskys for tortious interference with Gamma’s loan agreements with the original developer of a proposed residential tower on Sutton Place and 58th Street
Awards and recognition
A “Litigation Powerhouse”
Law360
Recognized for Appellate Practice (New York, Washington DC)
US News & World Report and Best Lawyers’ Best Law Firms
2022 – 2025
Recognized for Disputes Resolution – Appellate: Court of Appeal and Supreme Courts (State and Federal)
Legal 500, US
2024 – 2025
Law Firm of the Year for New York
Benchmark Litigation
2022
Key contacts
Roy T. Englert, Jr.
Partner, Head of Supreme Court and Appellate Litigation, US, Washington, DC
Daniel N. Lerman
Partner, Head of Supreme Court and Appellate Litigation, US, Washington, DC