Appellate Law

Strengthening Cases Before an Appeal

• Advised trial counsel throughout complex litigation to preserve appellate issues, strengthen the trial record, and develop appellate strategy before judgment.
• Successfully obtained emergency writ relief, including stays pending appeal, in high-stakes commercial, family law, and business disputes.
• Filed amicus curiae briefs before California and federal appellate courts, including Animal Protection and Rescue League, Inc. v. City of San Diego, addressing issues of significance to businesses and public entities.

Handling Appeals & Writ Proceedings

• Successfully represented charter schools before the Ninth Circuit in Woolard v. Thurmond, obtaining a published decision rejecting constitutional challenges involving Free Exercise and Free Speech claims.
• Successfully represented the promoter of the Baja 1000 race in Promote Mexico, LLC v. Monster Energy Company and the related writ proceeding, obtaining reversal of trial court rulings concerning contractual defense obligations.
• Successfully defended jury verdicts and trial court rulings in appeals involving employment, real estate, commercial contracts, intellectual property, family law, and insurance disputes, including Cleveland v. The Behemoth, Executive Dynamics Search, Inc. v. Lawrence, and In re Marriage of Kandah Diaz.

Partnering with Trial Counsel

• Served as appellate counsel alongside trial teams in complex commercial, intellectual property, construction, environmental, insurance, bankruptcy, and family law litigation.
• Worked with trial counsel throughout litigation to evaluate appellate strategy, prepare briefs, and present oral argument before state and federal appellate courts.
• Provided appellate support to litigators across multiple substantive practice areas, helping preserve critical issues and strengthen the record for appellate review.

Appeals Across Complex Civil Matters

• Successfully handled appeals involving intellectual property, trade secrets, employment, construction, CEQA, insurance, bankruptcy, constitutional law, Native American law, family law, and complex commercial disputes.
• Obtained successful outcomes in appeals arising from multimillion-dollar patent infringement verdicts, trade secret litigation, commercial contracts, business torts, environmental matters, and family law disputes.
• Represented clients before every level of California’s appellate courts, the U.S. Courts of Appeals, the California Supreme Court, and the United States Supreme Court.

Shaping the Development of the Law

• Obtained published appellate decisions in significant California and federal cases, including AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., Plantier v. Ramona Municipal Water District, Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC, and Hay v. Marinkovich.
• Filed amicus curiae briefs before California appellate courts and federal courts of appeals addressing issues affecting businesses, public agencies, and nonprofit organizations, including Animal Protection and Rescue League, Inc. v. City of San Diego.
• Represented clients in appellate matters resulting in published opinions that continue to guide trial courts and litigants throughout California

When should I involve an appellate attorney?

The earlier, the better. Many appellate issues are won or lost during trial, not after judgment. Involving appellate counsel before or during trial can help preserve legal issues for review, strengthen the trial record, evaluate significant motions and jury instructions, and develop a strategy that positions your case for a successful appeal if one becomes necessary. We also regularly become involved after judgment to evaluate appellate options and represent clients throughout the appeal.

Can you work with my trial attorney?

Yes. We frequently work alongside trial counsel, providing strategic guidance on preserving issues for appeal, evaluating legal arguments, preparing appellate briefs, and presenting oral argument. This collaborative approach allows trial counsel to remain focused on the underlying litigation while adding the perspective of attorneys who concentrate on appellate advocacy.

Do I have to hire my trial attorney to handle my appeal?

No. While many trial attorneys also handle appeals, appellate practice requires a different set of skills and strategic considerations. Many clients choose to retain appellate counsel who can provide an independent assessment of the trial court proceedings, identify potential appellate issues, and develop arguments tailored to the standards appellate courts apply when reviewing a case.

Can every unfavorable ruling be appealed?

No. Some rulings may be appealed immediately, while others can only be reviewed after a final judgment has been entered. In certain situations, a writ petition may provide an opportunity for earlier appellate review. Evaluating whether a ruling is reviewable, and the most effective strategy for seeking review, is often one of the first issues appellate counsel addresses.

What if an important ruling is issued before my case goes to trial?

Certain trial court rulings can significantly affect the course of a case. In appropriate circumstances, appellate counsel may recommend seeking immediate review through a writ petition rather than waiting until the conclusion of the trial. We help clients evaluate these options and act quickly when early appellate intervention may be appropriate.

What should I look for when choosing appellate counsel?

Appellate advocacy requires exceptional legal analysis, persuasive writing, and effective oral advocacy, as well as a thorough understanding of appellate procedure and standards of review. Look for attorneys with substantial appellate experience, a strong record before appellate courts, and experience in the substantive area of law involved in your case. Credentials such as certification by the State Bar of California Board of Legal Specialization can also provide additional confidence that an attorney has met rigorous standards of experience, education, and examination in appellate law.