Notable Representations, Key Contacts
Experienced and highly credentialed team
Our seasoned appellate lawyers have successfully prosecuted and defended precedent-setting appeals in the U.S. Supreme Court, all 13 federal circuit courts, intermediate appellate and supreme courts of numerous states, and high courts of foreign countries.
Our team includes many former clerks to federal appellate judges and U.S. Supreme Court justices, constitutional scholars, and a former Assistant Solicitor General for the State of New York.
Broad range of substantive appellate experience
Weil’s appellate experience includes securities, copyright and trademark, patent, tax, professional malpractice, bankruptcy, complex business torts, antitrust, civil rights, and constitutional law, among other areas.
Highly effective appellate advocacy
We are effective in any appellate situation, whether it be obtaining mandamus relief on behalf of corporate defendants facing unwieldy discovery demands, challenging the applicability or constitutionality of unfairly applied statutory schemes, enforcing arbitration rights, defending nationwide class actions, or overturning large jury verdicts in product liability cases.
We routinely litigate questions of first impression and novel legal theories, interpreting complex statutes and regulations in specialized and uncharted areas of the law, as well as cutting-edge scientific and technological issues.
Well-respected patent appeals practiceLed by partner Edward Reines in the Silicon Valley office, Weil is regularly called upon to handle its clients’ most important patent litigation appeals before the Federal Circuit.
Weil secured a unanimous decision from the Second Circuit Court of Appeals affirming a lower court’s summary judgment ruling for various Marvel entities and their parent The Walt Disney Company (collectively, Marvel) in a widely-followed copyright ownership dispute between Marvel and the heirs of Jack Kirby. Kirby was a noted comic book artist who worked for Marvel for decades, including during the late 1950s and early 1960s, when Marvel created many of its iconic comic book superheroes such as The Fantastic Four, Iron Man, Thor, The Incredible Hulk, and The X-Men. The district court granted summary judgment in favor of Weil’s clients in 2011. On appeal, the Second Circuit issued a precedential decision unanimously upholding the summary judgment ruling, and rejected all of the Kirby heirs’ arguments concerning copyright ownership, finding that the undisputed evidence established that the works at issue were created for Marvel as works made for hire as a matter of law.
Weil won a victory for Wake Forest University when the Federal Circuit Court of Appeals reinstated a jury’s finding that Smith & Nephew Inc. had infringed on Wake Forest’s patented technology for healing wounds. The court said in a precedent-setting decision that the district court had erred in overturning the jury’s verdict that the university’s patents were valid.
Weil won a high-profile appeal before the U.S. Supreme Court for Schindler Elevator Corp. in Schindler Elevator Corporation, Petitioner v. United States, ex rel. Daniel Kirk, a case interpreting the public-disclosure bar of the False Claims Act. This case had been closely watched by the business community and was of considerable importance to federal contractors doing business with the federal government.
Weil is currently recognized as one of the top 25 firms nationwide for appellate litigation.
Weil secured affirmance in the Second Circuit of a pair of earlier victories on behalf of DMX Inc. against ASCAP and BMI in a landmark ruling that could change the way music performance rights are licensed, according toThe AmLaw Litigation Daily.
As reported in The Wall Street Journal, Justice Sotomayor described Weil’s amicus curiae brief on behalf of the European Union in Kiobel v. Royal Dutch Petroleum, as a "simple set of rules...clearly defined...that...makes sense", challenging advocates to explain why they disagreed with our client’s position.