We combine exceptional skills in crafting persuasive briefs and oral arguments with extensive experience shepherding high-stakes matters through appellate courts. Over the years, our lawyers have presented 115 arguments before the US Supreme Court, including 37 arguments by 14 different lawyers currently at the firm. They have appeared before federal and state appellate courts on a range of issues, including administrative, antitrust, bankruptcy, civil rights, communications, constitutional, copyright, employment, financial services, government contracts, immigration, patent, preemption, and punitive damages. We also have an extensive amicus practice before the US Supreme Court and other appellate courts and regularly brief, argue, and advise on complex legal issues that arise in various trial-level fora.
In 2016, for the eighth consecutive year, Jenner & Block was named to The National Law Journal’s “Appellate Hot List” with the observation that “The ‘Block’ in Jenner & Block's firm name could easily be short for ‘blockbuster.’ It was just that kind of standout run for its appellate lawyers before the US Supreme Court since January 2015: Seven successful arguments, ranging widely from criminal law to copyright law to redistricting and employment law. And that was just the Supreme Court.” Our Appellate and Supreme Court practice has also been consistently recognized in Chambers USA as being among the nation’s foremost appellate law practices. Chambers acknowledged the firm’s “impressive number of cases before the Supreme Court” and praised our appellate lawyers’ "depth of experience, energy and creativity, their “carefully honed arguments,” and “strategies that always contain new and fresh perspectives.”
Our lawyers handle appeals all over the country, both in cases where we represented a party in the lower court and in cases where we have been brought in specifically for our appellate and Supreme Court proficiency. We regularly serve as appellate counsel for corporations, trade associations, and industry groups. Our practice group includes former US Supreme Court clerks, US Court of Appeals clerks, and state appellate court clerks, as well as members of the bars of every US Court of Appeals and members of state bars throughout the country.
Our lawyers are well versed in the intricacies of the appeals process and know how to navigate a case effectively through the courts. We work collaboratively – with senior partners involved in every step of the process – to develop persuasive arguments that are thoroughly researched, carefully written, and powerfully delivered. We do highly significant work in this area in all five of the firm’s offices.
A hallmark of our practice has been a series of important victories in the Supreme Court going back at least to Witherspoon v. Illinois (1968), involving the exclusion from a jury pool of persons with qualms about the death penalty. That track record continues down to today, including victories in Lawrence v. Texas (2003), the landmark gay rights case, Wiggins v. Smith (2003), addressing standards for effective counsel in the death penalty sentencing phase, Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. (2005), addressing secondary liability of Internet file-sharing services, and Brown v. Entertainment Merchants Association (2011), involving a First Amendment challenge to a California law that restricted the sale or rental of “violent” video games to minors.