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

What’s Ahead for California Wine Industry With Laws and Regulations - Q&A

More than wine, area lawyers specializing in the wine business have been forced in the past year to take on a number of critical issues. That includes regulations that were put in place to help...

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Publication

Eviction Moratoriums and Commercial Leasing: Current Issues

Farella's Tony Schoenberg and Jonah Trotz with guest speakers Marsha Ramsey and Margaret Duskin of Cushman & Wakefield discuss "Eviction Moratoriums and Commercial Leasing: Current Issues." The pandemic has had wide ranging impacts on...

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News

NCRC Applauds Administration’s Announced Move To Rescind Disastrous Trump-Era CRA Rule Changes

The Office of the Comptroller of the Currency (OCC) announced it will propose to rescind its controversial Trump-era rules weakening the Community Reinvestment Act (CRA) and work with other banking regulators to adopt a clear, strong...

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News

Cannabis Practice Creates Ethical Traps, Conflicts for Lawyers

Ryan Lowther was quoted in the Bloomberg Law article, "Cannabis Practice Creates Ethical Traps, Conflicts for Lawyers."   Read the full article here .

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News

Four Farella Intellectual Property Partners Named 2021 IP Stars; Firm Recommended for Patent Litigation

Farella Braun + Martel’s James L. Day , Jeffrey M. Fisher , Eugene Mar , and Stephanie P. Skaff  have been named IP Stars by Managing Intellectual Property in its 2021 guide to the...

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Publication

SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways

Eugene Mar and Erik Olson discuss "SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways." After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of...

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Event

Natural Resource Damages Conference

Sarah Bell is a program co-chair of Law Seminars International's 14th Annual Advanced Conference on Litigating Natural Resource Damages Santa Fe and will speak at the August 12 session "Sources of NRD Claims and the...

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Publication

Fire Season Preparedness: What Wineries Should Do Now - Video

Farella's Quinn Arntsen and MaryJo Lopez with guest speaker Christopher Thompson of Napa Communities Firewise Foundation discuss "Fire Season Preparedness: What Wineries Should Do Now." California is at the start of another dry year...

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Publication

The FASTER Act: What Companies Need To Know About the New Food Allergy Law

While the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) only makes a minor change to add sesame as a major food allergen, it signals the government’s intent to closely examine food...

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Event

The Cannabis Cultivar Conundrum: Best Practices to Document and Protect Cannabis Genetics

Jeff Hamilton is moderating the Bar Association of San Francisco Cannabis Law Section program "The Cannabis Cultivar Conundrum: Best Practices to Document and Protect Cannabis Genetics" featuring  Dale C. Hunt, Ph.D., JD , Founder &...

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