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Practice/Industry Group Overview
In today's fast-paced and rapidly evolving legal and business environment, in-depth legal knowledge, creativity, and outstanding written and oral advocacy skills are necessary to meet our clients' most difficult legal challenges. The late Erwin Griswold, former Solicitor General of the United States and dean of Harvard Law School, founded a practice that combines the skills of appellate advocacy with extensive trial court experience to provide Jones Day clients with effective legal strategy, analysis, and advocacy in their most demanding and important cases.
The Issues & Appeals Practice consists of nationally recognized trial and appellate lawyers who have helped our clients achieve success in the face of the most difficult and novel legal problems. Jones Day's issues and appeals lawyers have honed the art of appellate advocacy through dozens of arguments before the U.S. Supreme Court and countless arguments before federal and state appellate courts. Our lawyers have mastered trial court litigation through extensive first-chair trial experience and wide-ranging involvement in the positioning and presentation of legal issues before trial courts. They employ this experience and knowledge to overcome our clients' greatest challenges in any court or other forum.
Our issues and appeals lawyers' abilities in trial and appellate advocacy are grounded upon the Firm's commitment to, and recognized experience in, arguing cases before the Supreme Court, other appellate courts, and trial courts. Over the last decade, issues and appeals lawyers have been involved in more than a dozen cases per year before the Supreme Court, have argued hundreds of cases in the federal courts of appeals and the state supreme courts, and have tried and argued hundreds more in federal and state trial courts. Many have served in government policy and litigation positions such as Deputy Attorney General and Deputy Assistant Attorney General of the United States, Principal Deputy Solicitor General and Assistant to the Solicitor General of the United States, United States Attorney, and Assistant United States Attorney. The Issues & Appeals Practice also includes a former justice of the California Court of Appeal and two law school professors. Ten members of the Issues & Appeals Practice served as law clerks to justices of the U.S. Supreme Court, and another served as law clerk to a justice of the Canadian Supreme Court; 28 have served as law clerks to judges of the federal courts of appeals; and six have served as law clerks to judges of the federal district courts. Many issues and appeals lawyers have published leading texts on subjects ranging from class action lawsuits and complex litigation to state constitutional tax litigation.
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Services Available
Our issues and appeals lawyers' significant experience in trial and appellate practice and legal analysis provides clients with a wide variety of important legal services. To highlight just a few:
Petitions for and Oppositions to Certiorari. With a significant number of former Supreme Court law clerks and experience gained from decades of close observation of the Supreme Court, our Issues & Appeals Practice offers outstanding advice as to the likelihood of success in obtaining certiorari. In assisting clients in the preparation of their petitions for certiorari and, just as important, their oppositions to certiorari, our lawyers bring their extensive knowledge of the workings and likely reasoning of the Court.
Briefing and Arguing Appeals. Lawyers in the Issues & Appeals Practice have gained broad experience in arguing appeals before federal and state courts in virtually every major area of the law. This experience often provides invaluable insights and innovative strategies for winning cases on appeal.
General Advice on Appellate Matters. In cases where other firms serve as lead counsel, our issues and appeals lawyers provide advice concerning the unique procedural rules and tactical issues involved in appellate matters; assist clients in understanding the special institutional concerns of appellate courts; provide advice concerning the best way to craft appellate arguments and draft appellate briefs; and assist in moot court preparation for oral argument, particularly for arguments before the Supreme Court.
Significant Issues in Major Litigation. The Issues & Appeals Practice provides assistance in the litigation of major cases at the trial-court level. In the preparation of motions to dismiss, for summary judgment, for or against class certification, and for other dispositive and/or difficult motions, issues and appeals lawyers bring a unique perspective in briefing and legal analysis. Jones Day's lawyers also bring their trial experience to bear in examining and preparing critical expert and fact witnesses for deposition or trial testimony. In addition, our issues and appeals lawyers ensure that issues of potential importance on appeal are properly developed, argued, and preserved at the trial level.
Emergency Matters. Lawyers in the Issues & Appeals Practice are often called upon for emergency legal proceedings in both trial and appellate courts, such as temporary restraining orders, preliminary injunctions, mandamus petitions, and stays pending appeal or certiorari. Our lawyers' skills in analyzing and arguing legal issues are invaluable in these time-sensitive situations.
Agency Appeals. Issues and appeals lawyers have substantial experience with petitions for review to, and appeals from, agency action. For example, lawyers in the practice regularly provide assistance in proceedings involving the Environmental Protection Agency, the Federal Communications Commission, the Federal Energy Regulatory Commission, the Federal Trade Commission, and the National Labor Relations Board.
Amicus Briefs. The Issues & Appeals Practice's extensive, broad-ranging docket makes it ideally suited to assemble coalitions of groups and organizations to file amicus briefs in landmark cases. Our lawyers have vast experience in drafting effective amicus briefs in diverse areas of the law, and on numerous occasions they have seen these briefs form the core of a court's decision.
International Arbitration Tribunals. Issues and appeals lawyers have applied their skills in legal argument in international arbitrations. The experience they have garnered in making innovative arguments to judges transfers easily to advocacy before other legal tribunals, particularly in international settings.
Unusual and Untested Legal Actions. In an ever-changing legal environment, our issues and appeals lawyers have experience in crafting new types of actions and delving into new areas of the law. In areas as diverse as disputes under NAFTA or actions under the Americans with Disabilities Act, our lawyers have experience in working with new laws and new types of legal proceedings.
Contact(s)
Glen D. Nager
Washington
Tel: 1.202.879.3939
Jack G. Carnegie
Houston
Tel: 1.832.239.3939
Meir Feder
New York
Tel: 1.212.326.3939
Elwood Lui
Los Angeles
Tel: 1.213.489.3939
David J. Schenck
Dallas
Tel: 1.214.220.3939
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