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

News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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Publication

Election Year Issues for Private Foundations and Public Charities (Webinar)

Cynthia Rowland discusses Nonprofit Education Series on "Election Year Issues for Private Foundations and Public Charities." Public and private foundations may support nonpartisan election-related activities, but only in limited ways and amounts. Join our interactive live...

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Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

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Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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Publication

Upside: Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

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News

Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

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Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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News

2022 Cannabis Insurance Market Update

Tyler Gerking was quoted in  PropertyCasualty360 's article "2022 Cannabis Insurance Market Update."  Read the full article here (subscription required). Watch the webinar "Cyber Insurance for the Cannabis Industry" here .

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News

Farella Braun + Martel Named Among 2022 Best Places to Work

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