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. Skadden’s Supreme Court and Appellate Practice briefed and argued four merits cases in the Court’s 2022 Term, more than almost any other firm. The Practice is handling two more merits cases in the Court’s current Term.
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 The Legal 500, and recognized as Law360 Appellate MVPs, The American Lawyer Litigators of the Year, The National Law Journal D.C. Rising Stars, and Bloomberg Law Pro Bono Innovators. The firm was recently named to The National Law Journal’s 2023 Appellate Hot List. In addition, we have been named to BTI Consulting Group’s Fearsome Opponents list and recognized repeatedly among BTI’s Fearsome Foursome — the elite law firm litigation practices that general counsel would “least want to face across the table in litigation.” The firm was also selected as the New York Law Journal’s 2021 Litigation Department of the Year and a finalist in the general litigation category of the NYLJ’s 2023 and 2022 Litigation Department of the Year competitions, and recognized as a 2021 Litigation Department of the Year finalist by The American Lawyer.