Appeals often involve novel or high-stakes legal questions — issues that can’t be resolved through settlement. Clients turn to Skadden’s Supreme Court and Appellate Practice for our deep strategic thinking, persuasive briefs, and forceful oral advocacy. Led by one of the nation’s most accomplished Supreme Court and appellate advocates, the attorneys in our group routinely argue before the U.S. Supreme Court and have extensive experience practicing before every U.S. Court of Appeals, as well as state appellate courts nationwide. During the Supreme Court’s 2022 Term, Skadden’s Supreme Court and Appellate Practice will brief and argue four merits cases, more than almost any other firm.
No matter the subject area, we embrace the challenge of distilling complicated cases to their essence and presenting them in clear, meticulous briefs and compelling oral arguments. Whether we are defending a favorable decision or working to overturn a loss, we bring a fresh perspective to cases and insights into what moves generalist judges. Our ranks include former law clerks to federal appellate judges, including several U.S. Supreme Court Justices.
As appellate generalists, we don’t work alone. We join forces with Skadden’s market-leading trial attorneys, drawing on their wealth of substantive knowledge in particular areas and their experiences in specific courts. When called upon to do so, we also collaborate seamlessly with co-counsel at other firms who first tried the case. At the trial level, we leverage our appellate experience to counsel clients on key strategic issues and to brief and argue dispositive motions with an eye toward appeal.
Our efforts have resulted in precedent-setting victories for clients in cases spanning the legal spectrum, including matters of constitutional law, administrative law, antitrust, arbitration, bankruptcy, labor and employment, ERISA, tax, telecommunications, securities, preemption, energy, intellectual property, criminal defense, and complex statutory interpretation. Our attorneys also maintain an active pro bono practice, regularly representing clients in both the U.S. Supreme Court and the federal courts of appeal.
Skadden’s Supreme Court and appellate litigation lawyers have been ranked by Chambers and Legal 500, included in The National Law Journal’s Appellate Hot List for exemplary and cutting-edge appellate advocacy, and recognized as Law360 Appellate MVPs, The American Lawyer Litigators of the Year, and Bloomberg Law Pro Bono Innovators. In addition, in 2022 Skadden was once again named a member of BTI Consulting Group’s Fearsome Foursome — the four elite law firm litigation practices that general counsel would “least want to face across the table in litigation.” The firm was named New York Law Journal’s 2021 Litigation Department of the Year, as well as a finalist in the general litigation category of its 2022 Litigation Department of the Year competition, and a 2021 Litigation Department of the Year finalist by The American Lawyer.