Appellate Litigation

Venable’s Appellate Litigation Group wins consequential cases with high stakes for our clients and profound implications for the law. Our appellate attorneys support complex litigation and regulatory proceedings from their inception, sharpening the presentation of the issues to maximize the chance of success.

Complex appeals demand compelling advocacy and sophisticated strategy. They have high stakes for businesses, who rely on appellate counsel to cement their victories and overturn their defeats. They shape the law—setting precedent for entire industrial sectors and business communities. Often, they feature challenging, novel, or unsettled legal questions with substantial ramifications.

Venable’s Appellate Litigation Group has broad experience navigating consequential appellate matters, with a proven record of success in appellate courts around the country. Our appellate attorneys are sharp writers, deep thinkers, and persuasive advocates who grapple with challenging legal issues across our industries and practice areas. They are known for their credibility, humility, and strategic acumen—earning the court’s respect through meticulous research and distilling complicated issues into decisive arguments that answer the court’s most pressing questions.

Our appellate attorneys also support complex trial litigation and regulatory proceedings, adding value at every step of the process. Even before litigation reaches the courts of appeal, our attorneys help shape the narrative and frame the issues for appeal. They integrate seamlessly with case teams to maximize the chance of success at critical inflection points—identifying and preserving key issues, briefing and arguing dispositive motions, and implementing insightful litigation strategies.

Venable’s appellate team has won high-stakes cases in courts across the country, up to and including the United States Supreme Court. Its roster includes clerks of federal and state appellate courts, presidents of state and local bar associations, and a host of experienced practitioners. These attorneys have argued before state appellate courts, the federal circuit courts of appeal, and the Supreme Court of the United States. Their thoughtful, creative arguments have led to precedent-setting victories for clients across our many industries and practice areas.

Experience
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  • In a bitter dispute over ownership of two professional sports teams and the arena in which they play, Venable appellate counsel convinced the appellate court to reverse a trial court's decision to give 30% minority owner full control of the teams and the arena at no cost other than return of the majority owners' capital contributions, which then totaled less than $30 million
  • A Supreme Court victory secured by Venable lawyers for a design and construction firm established important protections for employers who bring claims against unions for violations of labor laws. The court held that such litigation is constitutionally protected and cannot be considered as an unfair labor practice unless it is objectively baseless
  • On behalf of a bankrupt trucking company and its creditors, Venable lawyers persuaded the Supreme Court to hear the case and to reverse Fourth and Ninth Circuit decisions that had held that unpaid premiums for workers' compensation should be treated as priority claims under the U.S. Bankruptcy Code
  • In a novel and significant product liability decision, the appellate court ruled that a gun manufacturer could not be found liable for failing to install a trigger lock on a handgun that might have prevented a tragic, accidental shooting of a very young child who was playing with his father's improperly stored gun
  • In one of Venable's many appellate successes in reversing punitive damages, we successfully represented a major branded apparel company. This case involved a jury award of $56 million for fraud and punitive damages for failure to disclose a potential $200,000 tax liability that arose during the course of a closing to sell a business. The appellate court agreed that no fraud had been proved and threw out the tort case in its entirety
  • Venable attorneys successfully argued before the U.S. Supreme Court Wal-Mart v. Samara Brothers, named the most important trade dress case litigated since 1998 (Legal Times, October 2002)

Honors and Awards
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10 Best Lawyers in America