Practice Areas & Industries: Duane Morris LLP


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Effective appellate advocacy requires skills different from those needed for successful trial advocacy. Trial attorneys typically seek to persuade juries or a single judge. Appellate attorneys must persuade panels of judges looking not to determine facts but to ensure that the law and applicable procedure were followed in the trial court.

Fully cognizant that an appeal is not a second chance at trial, Duane Morris' appellate lawyers apply their knowledge of the legal landscape and of procedural rules, their ability to identify issues and arguments most likely to be successful on appeal, and outstanding  

written and oral advocacy skills to serve our clients' interests in the appellate arena. We handle appeals of varying degrees of complexity at all levels of the federal and state court systems in virtually all areas of substantive law and legal procedure, from writ proceedings involving a single pretrial motion to appeals involving some of the largest and most complex civil jury trials in the nation. We work with clients and trial counsel to prepare post-trial motions, to plan and prepare for possible appeals, and to evaluate the merits and likely outcomes of appeals. We also frequently appear as amicus curiae on behalf of individual clients or industry groups, providing an opportunity for clients to be heard in cases involving issues that affect their interests. Duane Morris' appellate attorneys have handled hundreds of appeals and writ proceedings, including cases involving hundreds of millions of dollars in liability.

Duane Morris appellate attorneys tailor the services they provide to meet the client's needs, goals and budget. Our appellate practice group comprises both a "core" group of appellate attorneys and a broader group of attorneys with experience in handling appeals in specific substantive areas, such as intellectual property, antitrust, bankruptcy, employment, and administrative law. This structure allows us to draw on substantial resources if necessary to serve the client's interests. We offer not only flexibility in the services we provide, but are also open to considering alternate fee structures, including fixed fee and hybrid fee arrangements.

Articles Authored by Lawyers at this office:

Proceed with Caution When Foreclosing in Washington State: Split Decisions Regarding Deficiency Claims
, March 06, 2014
Last week, the Washington Court of Appeals, Division One, ruled that, notwithstanding the anti-deficiency provision in the state's Deeds of Trust Act, a lender can pursue a deficiency judgment against a guarantor following a non-judicial foreclosure of the property securing the underlying...

New York Appeals Court Reverses Itself in K2 Investment Group Decision; Reaffirms Earlier Ruling in Servidone
, February 25, 2014
In a decision notable for several reasons, the New York State Court of Appeals—the state's highest court—reversed itself in K2 Investment Group, LLC v. American Guarantee & Liability Insurance Co. [21 NY3d 384 (2014)] and reaffirmed its earlier ruling in Servidone Construction Corp....

First Circuit Holds Private Equity Fund Is a "Trade or Business" for Purposes of ERISA Withdrawal Liability
, July 30, 2013
In a decision with far-reaching consequences for the private equity industry, the U.S. Court of Appeals for the First Circuit has adopted an expansive view of what constitutes a "trade or business" for purposes of determining whether a private equity fund can be held jointly liable for...

Governmental Agencies and Regulatory Boards Must Now Provide a Reasoned Explanation for Their Decisions in Illinois
, July 29, 2013
The days of governmental agencies or regulatory boards issuing decisions without providing any reasoning may be nearing an end. The Illinois Appellate Court for the Fourth District recently clarified in Medina Nursing Center, Inc. v. The Health Facilities and Services Review Board that governmental...