Peter B. Skelos of NAM and Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana writes: Appellate judges enthusiastically consider the oral argument the most exciting part of their work. Counsel should approach oral argument with no less enthusiasm and preparation.
Scott Chesin and Karen Lin of Mayer Brown write: Counsel in a Second Circuit appeal presenting state-law issues should be familiar with certification and prepared to consider the various strategic questions that can arise. The authors provide a primer to guide New York lawyers through the certification process.
Mellissa Murphy-Petros, Judy Selmeci and Michael O’Malley of Wilson Elser Moskowitz Edelman & Dicker focus on how to deal with an appeal of those favorable but potentially problematic opinions in which a motion court grants summary judgment but is arguably either overreaching or underreaching in its corresponding analysis.
Brendan T. Fitzpatrick of Goldberg Segalla writes: The appellate attorney is skillful at creating the most favorable record for the client at the earliest stage of the litigation and continuing right up to prosecuting or opposing an appeal. The collaboration between the trial attorney and appellate attorney provides truly comprehensive representation for the client and, frequently, more economically efficient than someone working outside their skill set.
Boris Bershteyn of Skadden, Arps, Slate, Meagher & Flom writes: The separation-of-powers doctrine on agency independence from Presidential supervision could be on the brink of major changes. Two important decisions pending review by the en banc D.C. Circuit are likely to chart the doctrine’s direction.
Anton Metlitsky and Jennifer B. Sokoler of O’Melveny & Myers provide an overview of common strategies for seeking (and opposing) discretionary appeal.