Our appellate lawyers bring strategic judgment, deep subject-matter knowledge, and persuasive advocacy to every level of complex and high-stakes litigation, from early assistance with dispositive motions and pretrial strategy to the preservation of issues at trial to the final appeal.

We know an appeal can determine more than the outcome of a single dispute. It may shape future business practices, affect an industry, establish new legal standards, or preserve (or undo) a significant trial court victory. We therefore approach every matter with a disciplined assessment of the record, the standard of review, and the client’s broader objectives.

Clients engage us as dedicated appellate counsel and as part of integrated trial-and-appellate teams. We also step into cases handled by other trial counsel, quickly mastering complex records and bringing a fresh perspective to the issues most likely to influence the court.

Representative Experience

Shumard Foundation, Inc. v. UMB Bank, N.A., No. 23-ICA-290 (W. Va. Intermediate Ct. App. 2026). Represented a publicly traded U.S. financial services holding company and regional bank, as successor master trustee, in an appeal involving competing lien priorities arising from the receivership of Ohio Valley University, obtaining affirmance of the circuit court's lien priority determination.
Davidow v. Brandt, et al., No. 24-1230 (9th Cir. 2026). Represented plaintiffs in a Ninth Circuit appeal arising from a contract dispute involving the manufacture of a custom vessel, obtaining affirmance of the district court's rulings, including summary judgment on breach of contract, fraud, conversion, and Washington Consumer Protection Act claims.
Meyer v. UnitedHealthcare Insurance Co., No. 25-3070 (9th Cir. June 16, 2026). Represented a health insurer and related health care entities in a Ninth Circuit ERISA putative class action involving out-of-network medical billing, fiduciary duty theories, and alleged No Surprises Act violations arising from emergency medical treatment. Secured affirmance of dismissal after the court held the plaintiff failed to plead a cognizable ERISA claim and that the No Surprises Act did not apply to the pre-2022 conduct at issue.

Ferguson v. Gladstone Auto, LLC, No. 23-35562 (9th Cir. 2026). Represented a major full-service automotive dealership and related defendants in Ninth Circuit appeals arising from Fair Labor Standards Act and Oregon wage-and-hour claims involving alleged late wage payments.
United States ex rel. Relator LLC v. Erskine, et al., No. 25-2073 (9th Cir. 2026). Represents appellees in a pending Ninth Circuit appeal challenging the dismissal of a False Claims Act qui tam action arising from alleged Paycheck Protection Program loan fraud.
Wells Fargo Bank, N.A. v. Astra Genstar Partnership LLP, No. A24-0787 (Minn. 2026). Represented a leading American multinational financial services company in Minnesota Supreme Court and Court of Appeals proceedings involving the effect of a mortgage foreclosure on development rights under a planned unit development agreement, ultimately obtaining affirmance of the district court's declaratory judgment.
Climate Solutions v. Building Industry Association of Washington (Wash. 2026). Represented client in an appeal involving a challenge to the constitutionality of Washington Initiative 2066.
U.S. Bank, N.A. v. B-R Penn Realty Owner, LP, 137 F.4th 104 (3d Cir. 2025). Obtained a precedential Third Circuit opinion affirming the district court's order denying a motion to quash an execution sale and clarifying the distinction between execution sales under Federal Rule of Civil Procedure 69(a) and judicial sales under 28 U.S.C. § 2001.
Gessele v. Jack in the Box Inc., Nos. 23-2522, 23-2527 (9th Cir. 2025). Represented a major American quick-service restaurant company in Ninth Circuit appeals arising from wage-and-hour claims brought under Oregon law, resulting in a decision reversing in part and affirming in part the district court’s judgment.
O’Callaghan v. City of Portland, No. 24-7752 (9th Cir. 2025). Represented the municipal government of a major city in a Ninth Circuit appeal involving constitutional claims concerning the removal of personal property from public and private property; proceedings concluded following the appellant’s death.
Norris v. Safeguard Properties, LLC, et al. (4th Cir. 2025). Represented one of the largest diversified financial institutions and super-regional banking organizations in the United States in a Fourth Circuit appeal arising from mortgage servicing and foreclosure-related claims.
Chappell v. Bank of America, N.A., No. 25-1849 (2d Cir. 2025). Represents a top-10 U.S. commercial bank and financial services holding company in a pending Second Circuit appeal challenging the dismissal of negligence and related claims arising from an alleged third-party fraud scheme. The district court dismissed the action with prejudice, holding, among other things, that New York law imposes no duty of care on banks to non-customers.
Centrella v. Avantor (Del. 2025). Represented a global provider of mission-critical products, services, and solutions to customers in the biopharma, health care, education, government, and advanced technologies and applied materials industries in an appeal from a partial final judgment involving novel issues of advancement law.
Lyons v. PNC Bank, N.A., 108 F.4th 344 (4th Cir. 2024). Represented one of the largest diversified financial institutions and super-regional banking organizations in the United States in a published Fourth Circuit appeal involving the application of federal consumer lending statutes to HELOCs.
Envolve Pharmacy Solutions, Inc. v. Department of Revenue, No. 101,845-2 (Wash. Dec. 12, 2024). Represented a pharmacy benefits manager and health-plan affiliate in Washington Supreme Court tax litigation concerning the insurance-business exemption to Washington’s B&O tax. The matter addressed whether pharmacy benefit management, claims processing, network management, and related functions were “insurance business” activities, with the court concluding that Envolve’s work was insurance business and that the B&O tax did not apply where the affiliated health plan had paid the premiums tax.
McFarland v. Pacific Northwest University of Health Sciences (Wash. Ct. App. 2024). Served as lead counsel for a private, nonprofit health sciences university and obtained summary judgment dismissal of employment claims alleging race and gender discrimination and retaliation, affirmed by the Washington Court of Appeals.
New York Life Insurance Co. v. Mitchell, No. 100,314-5 (Wash. May 11, 2023). Represented a life insurer in Washington Supreme Court certified-question proceedings addressing the interaction between group life insurance incontestability clauses and contract-formation defenses. The court held that incontestability did not bar claims that policies were void ab initio for imposter fraud or lack of insurable interest but did bar a lack-of-capacity challenge because that theory would render a policy voidable rather than void.
Robertson v. Catholic Community Services of Western Washington (9th Cir. 2023). Served as lead trial counsel for a human service outreach arm of the world’s largest Christian church and obtained summary judgment dismissing claims alleging race discrimination and retaliation, affirmed by the Ninth Circuit Court of Appeals.
Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, 600 U.S. 181 (2023). Drafted an amicus brief before the U.S. Supreme Court on behalf of Asian American advocacy organizations supporting respondents in challenges to race-conscious higher education admissions programs.
Quinn v. State of Washington / Quinn v. Department of Revenue, No. 100769-8 (Wash. 2023). Represented taxpayers challenging Washington’s capital gains tax in Washington Supreme Court and U.S. Supreme Court proceedings. The matter raised constitutional challenges to Washington’s characterization of the capital gains tax as an excise tax and, at the certiorari stage, argued that Washington impermissibly taxed out-of-state transactions involving out-of-state property.
MidWestOne Bank v. Zero Energy Systems, LLC, No. 21-1438 (Iowa Ct. App. 2022). Represented a regional community bank in an appeal arising from commercial lending and guaranty disputes, obtaining affirmance of the district court's summary judgment rulings.
I.K. v. Banana Republic, LLC, 317 Or. App. 249, 505 P.3d 1078 (Or. Ct. App. 2022). Represented a global premium lifestyle brand in a published Oregon Court of Appeals decision addressing negligent hiring and supervision claims arising from alleged workplace privacy violations.
Bognet v. Degraffenreid, 141 S. Ct. 2508 (2021). Drafted a brief in opposition to a petition for writ of certiorari before the U.S. Supreme Court on behalf of Pennsylvania counties in litigation challenging Pennsylvania’s 2020 election procedures.
2020 Presidential Election Litigation. Participated in expedited emergency appeals before the Pennsylvania Supreme Court involving challenges to Pennsylvania election procedures and administration during the 2020 presidential election.
Brathwaite v. Phelps, 734 F. App'x 114 (3d Cir. 2018). Appointed by the Third Circuit as pro bono appellate counsel for an incarcerated plaintiff. Following oral argument, obtained reversal of the district court's dismissal and summary judgment rulings, including a determination that the court abused its discretion by denying repeated requests for appointed counsel.
CardUX v. CompoSecure (Del. Ch. 2018). Represented a modern digital business card and networking platform in Delaware Court of Chancery proceedings involving enforcement of a commission agreement valued at approximately $40–$50 million; the Delaware Supreme Court affirmed the post-trial judgments enforcing the agreement.

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