Practice

Appellate

Munger, Tolles & Olson’s appellate and Supreme Court practice is recognized as among the best in the nation. The firm’s lawyers routinely handle the highest-stakes matters before the U.S. Supreme Court, U.S. courts of appeals, and state appellate courts. Our lawyers have secured victories in cases of historic importance and have won ground-breaking appeals around the country on a wide range of subjects, including antitrust, securities, intellectual property, cross-border, and regulatory matters.

The team has an extraordinary depth and breadth of experience. It is led by Don Verrilli, who served as Solicitor General of the United States from 2011 to 2016 and has argued more than 50 cases before the U.S. Supreme Court. Among his wins before the U.S. Supreme Court are landmark victories defending the Affordable Care Act and securing marriage equality. The team also includes three lawyers who served in the Solicitor General’s Office—Ginger Anders, Elaine Goldenberg, and Ben Horwich. Each of them has argued many times in the U.S. Supreme Court as well as in federal and state courts of appeals, and each has been recognized by Chambers USA as among the best appellate lawyers in the nation. Others at the firm, including Dan Levin, also have significant civil appellate experience, particularly in California federal and state courts, and have led numerous appeals during their tenures at the United States Attorney’s Office in Los Angeles.

Few other firms have such deep appellate experience or so consistently represent companies in their most complex, high-value matters. Some of our recent U.S. Supreme Court and appellate matters include representing:

  • The U.S. House of Representatives in successfully defending in the U.S. Supreme Court a challenge to the constitutionality of the Affordable Care Act.
  • The Financial Oversight and Management Board of Puerto Rico in successfully defending in the U.S. Supreme Court a constitutional challenge to the Board’s authority.
  • The American Hospital Association in challenging in the U.S. Supreme Court a major Medicare reimbursement rule change that costs a certain group of hospitals more than $1 billion a year.
  • American Express in the U.S. Supreme Court in successfully defeating an antitrust enforcement action brought by the United States, setting the most significant precedent to date for the antitrust analysis of platform businesses.
  • Google in successfully defending in the Federal Circuit a trial-court victory in Google’s favor in a patent-infringement action involving organization of spreadsheets.
  • Steves & Sons in successfully defending in the Fourth Circuit a judgment in an antitrust case in Steves’ favor ordering divesture of a key asset by one of Steves’ suppliers and awarding millions in dollars of damages—the first time a court in private litigation under the Clayton Act has awarded divestiture as a remedy for a completed merger.
  • Lyft, Inc. in appeals in the First, Second, and Ninth Circuits involving the scope of the transportation-worker exception to the Federal Arbitration Act.
  • BNSF Railway in numerous successful Ninth Circuit appeals involving issues such as discriminatory taxation and preemption under the ICC Termination Act and other federal laws.
  • Wells Fargo in the Ninth Circuit overcoming multiple objections to a class settlement concerning the opening of unauthorized accounts at the bank.

The firm also has an active practice in the U.S. Supreme Court in seeking or opposing grants of certiorari and in representing amici at all stages. The firm is skilled at handling and opposing mandamus petitions and petitions for interlocutory appeal under 28 U.S.C. § 1292(b) and Federal Rule of Civil Procedure 23(f). And the firm’s appellate lawyers frequently handle dispositive motions and other complex legal issues in trial courts and in front of regulatory agencies, where they work closely with trial teams to frame the issues in the most persuasive manner possible and to preserve issues for appeal.

 

Contact:
Donald B. Verrilli, Jr. (202) 220-1101
Ginger D. Anders (202) 220-1107
Elaine J. Goldenberg (202) 220-1114
Benjamin J. Horwich (415) 512-4066
Daniel B. Levin (213) 683-9135

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