Business Litigation

Appellate Litigation

“Appellate work is most assuredly not the recycling of trial level points and authorities. Of course, the orientation of trial work and appellate work is obviously different, but that is only the beginning of the differences that come immediately to mind. * * * [A]ppellate practice entails rigorous original work in its own right.”

In Re Marriage of Shaban, 88 Cal. App. 4th 398, 408-409 (2001)

For more than 50 years, clients around the country have sought out Farella Braun + Martel to handle their writs and appeals or submit amicus curiae briefs on their behalf. Our clients know that Farella’s appellate lawyers have extensive experience in navigating the appellate courts and can use their profound understanding of appellate practice and procedure, as well as their fresh perspective and honed ability to craft the right arguments for an appellate court, to maximize the chances for a favorable outcome on appeal.

The depth of Farella’s appellate experience offers clients a substantial resource when faced with complex legal issues. We have successfully briefed and argued appeals in courts at every level, including the United States Supreme Court and every circuit of the United States Court of Appeals, and are especially active in the Ninth Circuit and the California appellate courts. We have had a leading role in developing the law in many areas, including intellectual property, constitutional law, antitrust, federal preemption and complex business litigation. Farella’s experienced appellate lawyers also frequently consult on trial strategy, formulate and draft dispositive motions, assist trial counsel in preserving and developing issues for appellate review, and prepare post-trial motions in anticipation of appeal.

Our team has distinguished appellate credentials, and includes fellows in the American Academy of Appellate Lawyers and the California Academy of Appellate Lawyers, former law clerks to Federal Circuit Court judges and the California Courts of Appeal, and attorneys who worked as appellate attorneys for the Department of Justice.

Firm Highlights

Event

Identifying and Preparing Expert Witnesses for Trial

How do you identify the key experts you need for trial? Once you have them, what are the best practices for preparing them for trial? How do these practices vary depending on your venue, and...

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News

Judge Finds Grounds to Sue California Insurance Commissioner for Refusing to Investigate Industry Fraud in Recent Wildfire Claims

Lawsuit Alleges Insurance Industry Has Illegally Used Unlicensed Out-of-State Adjusters to Cheat Victims of 2017 and 2018 Wildfires SAN FRANCISCO, April 1, 2019: A judge is permitting a survivor of the 2017 Tubbs Fire...

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News

Last Major SF Transbay Tower, Affordable Housing at Risk of Delays

Real Estate/Land Use and Development Partner Charles (C.J.) Higley shares his thoughts on why the 546 Howard St. tower project deserves priority for approval. Read the full article here .

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Publication

Attorney General Finds Impact Fees on Density Bonus Projects Invalid

In response to questions from a variety of cities across the state regarding the application of “public benefit fees” to density bonus projects, the State Attorney General’s Office published an opinion on April 9...

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Publication

The 10th Circuit Correctly Construes “That Particular Part” Narrowly

We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out...

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News

How to Plan for a Smooth Transition of Your Family Business

Family Wealth Senior Associate Lauren Galbraith discusses how family internal dynamics play a role in transferring significant assets, especially a business, between generations. Link to read the full article.

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Publication

Who 'Owns' a Secret? Whether Trade Secret Licensees Have Standing to Sue in California

If the eye-popping damages awards in several recent lawsuits are any indication, companies are increasingly coming to see their private information as one of their most valuable assets—and California juries apparently agree. For example,...

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Publication

Individual Accountability in the Huawei Trade Secrets Prosecution

In the ongoing legal battle over the alleged theft of American trade secrets by Chinese telecom giant Huawei, one curious aspect is the lack of charges filed against any individual Huawei employees. On February...

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Event

North Coast Cannabis Industry Conference

Farella Braun + Martel is proud to underwrite the North Coast Cannabis Industry Conference featuring keynote speaker Aaron Smith, co-founder and executive director of the National Cannabis Industry Association. The event will also feature...

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Event

CWA Regulation of Discharges to Groundwater: Permitting Uncertainty in Light of Circuit Court Split

Sarah Bell will speak on the Strafford live webinar, "CWA Regulation of Discharges to Groundwater: Permitting Uncertainty in Light of Circuit Court Split." This CLE webinar will discuss the "indirect discharge" theory of Clean...

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