Appellate
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.
Multi-disciplinary 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.
Cutting-edge issues
We regularly litigate questions of first impression and novel legal theories, interpreting complex statutes and regulations in uncharted areas of the law, as well as cutting-edge scientific and technological issues.
Well-respected patent appeals practice
Led 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.Selected Representations
Trade Secrets - The Dow Chemical Company
Securities – Sanofi
Weil achieved a decisive appellate win for Sanofi, its subsidiary Genzyme Corp., and certain executives in one of the most impactful securities cases in recent memory. In March 2016, the Second Circuit affirmed in its entirety the dismissal by the S.D.N.Y. of a securities fraud class action and a related case for securities fraud arising out of statements regarding the results of Phase 3 clinical trials for a multiple sclerosis drug and its prospects for FDA approval. Notably, the opinion is the first by the Second Circuit to address the U.S. Supreme Court’s recent, seminal Omnicare decision, which articulated the standard for securities fraud liability for allegedly misleading statements of opinion. John Neuwirth, co-head of Weil’s Securities Litigation practice, was named “Litigator of the Week” by The Am Law Litigation Daily, which noted that “investors still face a high bar in federal court in New York—home of one of the busiest securities dockets in the country.”
Copyright - The Walt Disney Company
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.
Investigations – Marsh & McLennan
Weil obtained a significant, precedent-setting victory for Marsh before the Second Circuit that provides for the first time a solid framework supporting the right of a company to terminate an employee who fails to cooperate in an internal investigation of alleged wrongdoing. In this action, two former Marsh executives sought to obtain severance benefits and the value of stock options forfeited when they were terminated in the aftermath of a New York state investigation into the practice of “contingent commissions” and alleged bid-rigging. In June 2012, the S.D.N.Y. dismissed the plaintiffs’ claims for malicious prosecution and abuse of process on the pleadings, and in January 2015 the court granted Marsh’s summary judgment motion, dismissing Plaintiffs’ remaining claims for severance benefits under ERISA and for the value of their forfeited equity awards under state law. Then, in June 2016, following oral argument, the Second Circuit affirmed.
Patent – Illumina
Weil secured a Federal Circuit affirmation of a Patent Office decision on behalf of Illumina in one of the first appeals of an inter partes review decision. In 2012 Columbia University sued Illumina in the D. Del. for infringement of patents that allegedly cover next-generation DNA sequencing technology. Columbia accused Illumina’s entire product line of infringement, including Illumina’s $740,000 high throughput HiSeq sequencers, and requested injunctive relief and unspecified damages. In response, Illumina submitted petitions with the Patent Office to have Columbia’s patents placed under inter partes review. After Illumina prevailed in the Patent Office, Illumina brought on Weil for Columbia’s appeal. Being one of the first appeals of an inter partes review decision, there were substantial open issues as to how the Federal Circuit would review such decisions, including whether patent owners would be given leeway to amend claims to target accused infringers, which Columbia had attempted to do. In addition, the appeal raised new challenges regarding the presentation of a technical Patent Office record to an appellate court panel. After briefing was submitted, during oral argument in April 2015 Weil focused the case down to a single technical issue, and blunted Columbia’s evidence of willful infringement and copying with evidence of independent invention. In July 2015, the Federal Circuit affirmed the Patent Office’s decisions on every point, and ruled that Columbia would not be permitted to amend its claims.
False Claims Act - Schindler Elevator Corp.
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.
Mass Torts - Port Authority of New York and New Jersey
International Law - European Union
Music Licensing - DMX
Key Contacts
Shortcut Links
Recent Announcement
- Weil Wins Tenth Circuit Appeal Upholding Summary Judgment Victory In $4 Billion Investor Class Action Litigation Win — December 11, 2018
Weil is currently recognized as one of the top 25 firms nationwide for appellate litigation.
Legal 500 2018
Awards and Recognition, Speaking Engagements, Latest Thinking, Firm News & Announcements, Recent Announcement
Awards and Recognition
- Weil Named 2018 Class Action Litigation Department of the Year Award Brief — New York Law Journal 2018
- Weil Named a “Leading” Firm for Appellate: Court of Appeals Award Brief — Legal 500 US 2018
Speaking Engagements
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Pending IP-Related Court Cases That Could Impact Your Business
Speaker(s):
Todd Larson,
Gregory Silbert,
Randi W. Singer and
Elizabeth S. Weiswasser
April 22, 2014 — New York, New York — Weil Litigation partners Todd Larson, Gregory Silbert, Randi Singer and Elizabeth Weiswasser participated in a seminar titled “Pending IP-Related Supreme Court Cases That Could Impact Your Business.” The speakers discussed key issues raised by a series of: patent cases before the Court relating to what is patentable and requirements for patent claiming, along with standards for proving patent infringement and awarding attorney fees in patent cases; copyright cases before the Court concerning the definition of the "public performance" right as it relates to broadcast retransmission over the Internet, as well as the availability of equitable doctrines as bars to copyright infringement suits; and false advertising cases before the Court concerning who can maintain actions under the Lanham Act. This seminar was the first of Weil’s six-part Technology, Intellectual Property & Media Lunchtime Seminar Series.
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Office of the Appellate Defender’s 24th Annual First Monday in October Mock Supreme Court Argument
Speaker(s):
Jonathan D. Polkes
October 02, 2017 — New York, NY — Weil Litigation Co-Chair Jonathan Polkes served as a justice during the Office of the Appellate Defender’s annual First Monday in October Mock Supreme Court Argument. The Mock Supreme Court heard argument in Carpenter v. United States, which asks whether the government needs a warrant to find out where your cellphone has been.
Latest Thinking
- The Second Circuit Shuts Down Resale of Digital Music Files in Capitol Records, LLC v. ReDigi, Inc. Alert — Intellectual Property & Media — By Bruce Rich and Samuel J. Zeitlin — PDF — December 18, 2018
- TC Heartland: One Year Later, One Year Clearer Alert — By Brian E. Ferguson and Amanda Do Couto — PDF — May 24, 2018
- Ninth Circuit Holds that Class Certification Evidence Need Not Be Admissible Alert — Class Action Monitor — By David R. Singh, Audrey Stano and Shawn C. McNulty — PDF — May 15, 2018
- Ninth Circuit Holds Section 14(e) of the Exchange Act Does Not Require Scienter Alert — Securities Litigation — By Stacy Nettleton and Ellen Shapiro — April 26, 2018
- Supreme Court Upholds Constitutionality of IPR Process but Ends Partial Institutions Alert — Patent Litigation — By Brian E. Ferguson and Stephen Bosco — PDF — April 25, 2018
Firm News & Announcements
- Weil Wins Tenth Circuit Appeal Upholding Summary Judgment Victory In $4 Billion Investor Class Action Litigation Win — December 11, 2018
- Weil Secures Appellate Victory for AIG In False Claims Act Case Deal Brief — November 29, 2018