Appellate Litigation
Overview
Conner & Winter’s appellate practice has earned an outstanding reputation because our appellate lawyers are committed to excellence in every aspect of the appeal process. We delve into the trial-court record to determine the most viable arguments to present (and not to present) on appeal. Our appellate lawyers thoroughly research the legal principles that control the particular issues presented on appeal. We pride ourselves on submitting excellently-written appellate briefs that contain persuasive arguments based on sound legal analysis. It is essential to us that our written submissions accurately cite the record and the applicable legal authority. Likewise, we take great care in preparing to deliver an oral argument that is both concise and persuasive.
Whether the goal is to preserve a multi-million dollar jury award or obtain the reversal of a decision adverse to our client, we endeavor to craft briefs, petitions, and oral arguments that educate the appellate judges while credibly advocating for our clients. Our clients’ appeals span a wide range of matters. Our attorneys possess experience in appeals in virtually every area of litigation, including:
- American Indian law
- Arbitration law
- Bankruptcy law
- Commercial law
- Energy law
- Environmental law
- False Claims Act
- Federal oil and gas royalties and other areas of public lands law
- Intellectual property law (including patent and trademark/unfair competition law)
- Labor and employment issues
- Racketeer Influenced and Corrupt Organizations Act
- Regulatory agency decisions
We handle civil appeals before all Alaska, Arkansas, District of Columbia, Oklahoma and Texas appellate courts and United States Courts of Appeals throughout the country, including the Third Circuit, Fifth Circuit, Eighth Circuit, Tenth Circuit, Eleventh Circuit, and District of Columbia Circuit. We have appellate attorneys licensed to and experienced in appeals to the United States Supreme Court. Throughout the firm's history, our lawyers have participated in noteworthy appeals that have addressed important matters of public interest and have resolved novel questions of state and federal law.
Our appellate practice has lawyers with backgrounds and experiences that are particularly well-suited for representing clients in appeals. Our team includes many lawyers who clerked for United States Supreme Court justices, federal Courts of Appeals and District Court judges, and state judges. This experience gives our appellate practice a first-hand view of what arguments and positions are most persuasive to appeals judges. We are proud of our strong tradition in the field of appellate advocacy.
Amicus Briefing
In addition to handling direct appeals, the firm’s attorneys frequently are engaged or requested by industry groups and others to provide amicus briefing — briefing by a so-called friend of the court — on specific issues in appeals. Our attorneys have experience in providing amicus briefing, which enables our clients to influence the outcome of important issues before our nation’s appeals courts.
Administrative Hearings and Appeals
In addition, our appellate attorneys have broad experience with appeals involving administrative law issues, hearings and appeals before specialized administrative tribunals. We have handled a broad range of appeals arising under the federal Administrative Procedure Act, as well under similar state statutes. The attorneys in the group have represented clients in appeals challenging administrative subpoenas and Civil Investigative Demands issued by the United States Department of Justice. In general, our administrative, hearing and appeal practice has included handling cases in federal forms including:
- Federal Energy Regulatory Commission (FERC)
- Department of Labor’s Administrative Review Board
- Interior Board of Land Appeals
- Interior Board of Indian Appeals
- Court of Indian Appeals
Our appellate work also extends to state administrative bodies, including the Oklahoma Corporation Commission, Texas Railroad Commission and Regulatory Commission of Alaska.