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

Farella Braun + Martel Recognized in 2020 Chambers High Net Worth Guide for Private Wealth Law in Northern California

SAN FRANCISCO, July 10, 2020: Farella Braun + Martel’s Private Client Industry Group earned recognition in the 2020 Chambers High Net Worth (HNW) guide as a leading firm in the Private Wealth Law category...

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News

Community Reinvestment Groups Sue Trump Administration for Unlawfully Gutting Anti-Redlining Rules

Amid COVID-19 Pandemic, OCC’s Rushed Rule Lessens Accountability for Banks, Silences Communities Impacted by Systemic Lending Discrimination National Community Reinvestment Coalition, California Reinvestment Coalition Seek to Halt Unlawful Rule, Protect Vulnerable Communities Federal Reserve...

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Publication

Treatment of Commercial Leases in Tenant Bankruptcy - The Basics

As the COVID-19 pandemic continues to wreak havoc with the nation’s economy, we have started to see bankruptcy filings by well-known companies such as GNC, J. Crew, Neiman Marcus, Modell’s, 24 Hour Fitness, Gold’s...

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Publication

How Antitrust and Unfair Competition Laws Affect Platform Providers’ Relationships With ISVs, API Developers, and Scrapers

A wide variety of business and consumer platforms host mutually beneficial ecosystems. But these ecosystems are also fraught with antitrust risk that arises when platforms try to terminate or modify the terms of third-party...

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Publication

Artificial Intelligence Can’t Patent Inventions: So What?

The USPTO’s  recent landmark decision  ( 16/524,350 ) concluding artificial intelligence (AI) cannot be a named patent inventor perhaps sparked fears of super-robots inventing critical technologies that, alas, receive no patent protection. If an...

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News

Farella Names New White Collar Defense & Internal Corporate Investigations Practice Co-Chairs

SAN FRANCISCO, June 29, 2020: Northern California legal powerhouse Farella Braun + Martel announces that Senior Associates Aviva J. Gilbert and Janice W. Reicher have been appointed co-chairs of its White Collar Defense and...

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Event

LSI's PFAS Contamination and Regulation in California Virtual Conference

Sarah Bell will be speaking at LSI's virtual conference on PFAS Contamination and Regulation in California live webinar, "PFAS and Hazardous Materials Cleanup Laws." Details: CWA violations, CERCLA designations, and NRD claims as potential game...

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Event

LSI’s 13th Annual Santa Fe Conference on Litigating Natural Resource Damages

Don Sobelman will be speaking at LSI’s 13th Annual Santa Fe Conference on Litigating Natural Resource Damages live webinar, "Common Law Claims for Natural Resource Damages." Details: Marching into the void resulting from lack...

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Publication

Coronavirus (COVID-19) Insights and Resources

The spread of the coronavirus (COVID-19) is causing disruption throughout the US that we have not seen in generations. Governmental entities, academia, and the private sector are working diligently to contain COVID-19 while it...

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Event

7th Annual Partner Compensation One-Day Workshop

Brian Donnelly is presenting the case study session, "Managing Partner Performance" at Fairfax Associates' 7th Annual Partner Compensation One-Day Workshop. Click here for more information.

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