Appellate

Appellate decisions are the lifeblood of the law.  Far more than decisions on individual cases, the published opinions of our appellate courts establish precedents for the cases that follow.  Appellate practice thus presents the skilled advocate with a unique opportunity to shape the law.  At Alston & Bird, we are uniquely positioned to seize that opportunity for our clients.

EXPERIENCE

With more than 65 lawyers who served as law clerks for trial court and appellate judges, on both the state and federal bench, we have developed a keen insight into how trial courts render their decisions and how those decisions are analyzed on appeal. 

We routinely litigate appeals in state and federal courts nationwide, in cases covering a vast array of subject areas – including contracts, torts, securities, employment, antitrust, constitutional law and everything in between.  Our lawyers frequently file amicus curiae briefs on behalf of clients to protect their interests and assist appellate courts in making correct determinations in complex fields of law.  In addition, we regularly provide strategic advice to our clients on potential appellate issues, even before a case reaches the appellate stage. 

The following examples illustrate but a few highlights of our commitment to excellence in the appellate arena:

• Khan v. Dell, Inc., 2012 WL 163899 (3d Cir. 2012). Alston & Bird successfully represented Dell, Inc. in appealing an order that held Dell’s arbitration clause unenforceable on the grounds that the clause references arbitration before the National Arbitration Forum, a forum which is no longer is available to administer consumer disputes. In a highly-publicized decision that is on the forefront of one of the post-Concepcion battlefields for arbitration clause enforcement, the Third Circuit reversed this order.
• Stoneridge Inv. Partners, LLC v. Scientific-Atlanta, Inc., 552 U.S. 148 (2008). Alston & Bird successfully represented Scientific-Atlanta, Inc. in a putative securities class action that was favorably resolved by the U.S. Supreme Court. Plaintiffs alleged that Scientific-Atlanta violated the federal securities laws by entering into a transaction with Charter Communications about which Charter allegedly made false statements to its shareholders. The district court granted Scientific-Atlanta’s Motion to Dismiss on the basis that there is no private cause of action for aiding and abetting liability. The Eighth Circuit affirmed. The Supreme Court granted certiorari and affirmed, holding that Scientific-Atlanta could not be held liable under the federal securities laws because it made no statements or representations to the supposedly injured investor. Alston & Bird was counsel of record at all stages of this litigation, including the appeal before the Supreme Court.
• Cummins v. SunTrust Capital Markets, Inc., 416 F. App’x. 101 (2nd Cir. 2011). Alston & Bird recently obtained a complete appellate victory for SunTrust Capital Markets, Inc. in connection with a defamation action brought against the company. Plaintiff alleged that certain statements within two analyst reports published by SunTrust falsely reported the circumstances of a stock option grant involving Plaintiff, former CEO of Cyberonics, Inc. The Court of Appeals upheld the trial court's award of summary judgment in favor of SunTrust, agreeing with the district court that the statements within the SunTrust analyst reports, considered individually and as a whole, were either substantially true or constitutionally protected opinions.
• Franulovic v. The Coca-Cola Co., 390 F. App’x. (3d Cir. 2010). Alston & Bird obtained an affirmance of summary judgment by the Third Circuit for The Coca-Cola Company in litigation brought by the Center for Science in the Public Interest alleging false advertising in connection with a product, Enviga, that the company marketed as “The Calorie Burner.”
• Beverly Calhoun v. UPS, 576 F.3d 201 (4th Cir. 2009). Alston & Bird argued before the Fourth Circuit Court of Appeals in an employee retaliation/whistleblower case brought by a former UPS driver. After oral argument, the Fourth Circuit affirmed the ruling by the Administrative Review Board that there was no unlawful retaliation because, among other reasons, the driver's conduct did not constitute protected activity under the Surface Transportation Assistance Act.
• Corey Airport Services, Inc. v. DeCosta, 587 F.3d 1280 (11th Cir. 2009). Alston & Bird represented fourteen City officials who had been sued under 42 U.S.C. § 1983 for alleged violations of the plaintiff's constitutional right to equal protection in connection with a procurement for a contract at Hartsfield-Jackson Atlanta International Airport. The law firm was able to secure the voluntary dismissal of nine City officials, and moved for summary judgment on behalf of the remaining five officials. The district court denied the motions, but on appeal to the Eleventh Circuit, the law firm obtained a reversal of the district court and judgment in favor of the five officials on the ground of qualified immunity on an issue of first impression regarding alleged political favoritism.
• Georgia Appellate Practice Handbook: In Georgia, Alston & Bird literally wrote the book on appellate procedure. Since 1985, we have written and edited the Georgia Appellate Practice Handbook – the official appellate text of the Georgia Institute of Continuing Legal Education and the only appellate treatise officially sanctioned by the Georgia appellate courts.
  
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WHY ALSTON & BIRD?

At Alston & Bird, an appeal is never just the “next phase” of litigation.  We know that appellate advocacy is a discrete discipline, requiring a unique set of skills.  Cases that may have been developed over years of litigation and in trials lasting for days or weeks must be distilled to a 15-minute argument and a 30-page brief.  Success requires melding a comprehensive understanding of the law with impeccable brief writing and outstanding oral advocacy to produce persuasive reasoning at the highest legal level.  These skills are honed with concentrated focus at Alston & Bird, and our success rate is testament to the quality of our work.