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Kutak Rock’s Appellate Practice Group works seamlessly with our national litigation practice to guide clients through all stages of litigation. Our appellate team includes dozens of experienced attorneys who served as former law clerks to federal, state and territorial appellate judges, and are recognized as among the top appellate attorneys in their respective jurisdictions.

Operating across 19 offices, these attorneys maintain active appellate practices in numerous states and territories, D.C., every federal circuit court, and the United States Supreme Court. This nationwide practice encompasses a wide variety of industries and areas of the law including complex commercial disputes, corporate governance disputes, product liability, personal injury, construction, financial services and banking, insurance, securities, energy, employment, and real estate.

Our proven appellate practice encompasses identifying strategic legal arguments at the trial level, consulting on critical trial motions, assisting in hearing and trial strategy to preserve issues for appeal, managing post-trial motions, securing stays of execution pending appeal, advising clients on the merits of an appeal, and preparing appellate briefs, motions and petitions. The successes of our appellate team include: 

  • Defending favorable jury verdicts and other dispositive trial decisions when challenged on appeal in state and federal appeals courts;
  • Obtaining expedited relief from the appellate court securing stays pending appeal;
  • Successfully presenting oral argument to federal appeals courts sitting en banc;
  • Securing writs of mandamus, stays, and other extraordinary relief from federal appeals courts;
  • Engaging in complex motions practice at trial and on appeal, including successfully reducing the bond required to stay adverse trial verdicts during appeal.

As appellate attorneys, we navigate appeals and understand the different skills and strategic considerations that distinguish appellate practice from trial, including: 

  • Crafting critical trial and post trial motions to ensure preservation of issues for appeal;
  • Transitioning from presenting arguments persuasive to a finder of fact to developing winning legal arguments for presentation to panels of judges;
  • Developing appellate issues with precision and care to write motions and briefs in the most persuasive manner possible;
  • Recognizing that oral argument presents an opportunity to answer questions from the judges and simplify complex legal points, as opposed to rehashing the trial or factual disputes.

If you have any questions regarding Kutak Rock’s Appellate Practice Group or the services it can provide at all stages of litigation, please contact a member of the group.