We devote the same level of attention and detail to every appeal we handle, regardless of client or issue. From constitutional litigation and complex shareholder disputes to challenges to administrative agency decisions or disagreements over routine contracts, we know every appeal is of the utmost importance to the parties involved.
Our appellate attorneys have an insider’s perspective — many are former appellate clerks — and are widely respected in the field of appellate law, as contributing authors to leading appellate treatises and in demand at forums on recent appellate decisions. Our lawyers represent clients in the U.S. Supreme Court, seven state Supreme Courts and numerous U.S. Courts of Appeal.
Collaboration and precision are the hallmarks of our appellate advocacy: We work closely with our clients and trial counsel to shape a compelling appellate strategy, regardless of the result in the trial court or administrative agency below.
Effective appellate advocacy involves not just bringing or defending appeals, but understanding that appellate decisions involving other parties can establish precedents that significantly affect our clients’ businesses and interests. To maximize this strategic opportunity, our Appellate Practice regularly files amicus briefs for businesses, trade associations and advocacy organizations.
Our Appellate Practice maximizes these opportunities by filing amicus briefs that present the unique perspectives of our clients —whether businesses, trade associations and advocacy organizations — at both the state and federal level. Recent amicus briefs in high profile cases include those on constitutionality of the Affordable Care Act, the availability of post-patent expiration royalty rights, same-sex marriage, and the use of race in school assignment and college admissions.
Foley Hoag has a particular specialty in administrative law appeals —those involving governmental actions at federal, state and local levels. We have won appeals representing private clients contesting governmental actions, and won appeals defending state agencies and municipalities against such challenges. This diversity of experience allows us to craft effective appellate strategies that give our clients the strongest likelihood of success.
Our appellate clients also benefit from our broad subject matter expertise, since a comprehensive understanding of complex (and often highly technical) statutes and regulations is essential to successful administrative law appeals. Our attorneys have achieved favorable appellate decisions on administrative law topics as diverse as Medicaid reimbursement, eminent domain, energy regulation, and ballot question approvals.
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*Denotes representation handled by a current Foley Hoag partner prior to joining the firm.