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The K&L Gates Appellate Litigation practice handles important appeals affecting business, private clients, and public clients, ranging from overturning unfavorable and maintaining favorable trial results to addressing cutting-edge statutory, constitutional, and public-policy issues.  Our lawyers have broad experience in the nuances of appellate practice, having argued cases in the United States Supreme Court, in all the United States Courts of Appeals, and in the appellate courts of most jurisdictions across the United States.  Our lawyers combine exceptional written and oral advocacy skills with thorough substantive and procedural knowledge.  We understand how high-profile disputes should be litigated and resolved, and we bring our collective experience to bear on every client matter.

The National Law Journal and Best Lawyers in America have recognized K&L Gates’ appellate practice as among the best in the nation.

For many litigants, the ultimate result comes down to an appeal.  An appeals court can take away a hard-won victory or correct a harsh defeat.  K&L Gates’ appellate lawyers combine impeccable research with a strong commitment to written composition of the highest quality and compelling oral-argument skills.  We strive for clarity, concision, and cogency in making the kinds of arguments that matter on appeal to deliver results for our clients.  Whether we serve as primary, consulting, or amicus counsel before an appellate court, our role can be crucial to achieving appellate success.

We frequently partner with our trial colleagues in high-stakes litigation to ensure that key appellate issues are introduced and appropriately preserved in the trial record.  Our appellate record of success includes many published opinions dealing with matters of first impression as well as significant interpretations of precedent.

Clients frequently retain K&L Gates to provide representation as special appellate counsel and to draft amicus curiae briefs on behalf of publicly and privately held companies, government entities, nonprofits, and trade associations.  Our awareness of amicus opportunities in the appellate courts has been valuable to clients that have needed to influence the development of the law in cases to which they are not parties.  Because we understand how amicus briefs are most likely to influence a court, we avoid just repeating the arguments the parties have made and, instead, offer different perspectives that the court will find helpful.

Our appellate work has covered a wide variety of subject areas, including procedural issues such as jurisdiction, choice of forum, and evidentiary matters as well as highly complex substantive areas such as

  • employment
  • environmental liabilities
  • tort and product liability
  • intellectual property
  • consumer claims
  • financial services
  • insurance coverage
  • antitrust
  • bet-the-company contract disputes
  • immigration
  • tax

K&L Gates lawyers are currently litigating appeals pending in most of the U.S. Courts of Appeals and in state appellate courts across the nation. They have filed amicus curiae briefs in the United States Supreme Court, in most of the federal courts of appeals, and in state courts.

Areas of Practice

NameTitleOfficeContact
Of Counsel
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Practice Area Leader — Labor, Employment & Workplace Safety
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Partner
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Partner
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Associate
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Associate
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Associate
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Associate
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Partner
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Of Counsel
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Partner
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Partner
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Of Counsel
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Of Counsel
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Partner
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Partner
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Associate
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Partner
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Associate
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Partner
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Associate
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Associate
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Partner
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Partner
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Partner
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Partner
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Associate
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Partner
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Associate
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Associate
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Partner
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Of Counsel
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Partner
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Partner
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Counsel
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Partner
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Partner
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Partner
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Partner
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Partner
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Associate
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Associate
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Partner
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Of Counsel
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Associate
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Associate
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Partner
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Partner
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Associate
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Of Counsel
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Counsel
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Partner
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Associate
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Partner
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Of Counsel
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Partner
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Partner
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Partner
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Associate
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Partner
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Associate
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Associate
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Partner
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Partner
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Associate
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Associate
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Partner
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Partner
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Partner
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Associate
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Associate
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Partner
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Associate
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Partner
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Partner
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Partner
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Partner
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Associate
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Of Counsel
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Partner
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Administrative Partner (San Francisco)
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Partner
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Partner
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Associate
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Associate
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Partner
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Associate
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Associate
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Associate
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Partner
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Associate
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Partner
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Associate
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Partner
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Partner
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Associate
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Of Counsel
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Partner
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Partner
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Partner
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Counsel
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Partner
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Of Counsel
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Partner
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Partner
P +1.412.355.8365
Associate
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Partner
P +1.415.882.8031
Associate
P +1.206.370.8017
Of Counsel
P +1.206.370.8386
Associate
P +1.704.331.7565
Showing 1-10 of 18 results
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Source Search Technologies v. Kayak Software Corporation, Fed. Cir. Appeal No. 17-1384 (2017). Represented on line travel planning leader KAYAK.com in a patent infringement case. In the district court, K&L Gates had obtained summary judgment of ineligibility of Source Search Technologies’ (“SST”) patent, which SST had previously litigated and licensed to others for $10 million, and then obtained an exceptional case/attorney fee award for KAYAK based on SST’s “flip-flopping” on a key technical issue. Plaintiff SST appealed from the District of New Jersey’s judgment declaring the case exceptional and awarding fees to KAYAK. During oral argument, the Federal Circuit suggested that SST might be further sanctioned for misrepresentations in its appeal arguments, then affirmed the judgment of exceptional case and the award of attorney fees to KAYAK.
Paul Bishop, et al., v. Wells Fargo & Co., et al., 2016 WL 2587426 (2nd Cir. 2016). Representing Wells Fargo & Co. in a False Claims Act case, K&L Gates lawyers persuaded the Second Circuit to affirm a district court’s order of dismissal.
Deutsche Bank Trust Co. Americas v. Beauvais, 188 So.3d 938, (Fla. 3d DCA April 13, 2016).  K&L Gates lawyers represented Deutsche Bank Trust Company Americas before a three-judge panel and then before the en banc Florida Third District Court of Appeal in a case testing the application of Florida’s statute of limitations for mortgage foreclosure to a current foreclosure action when the lender or its servicer had brought but not pursued a previous foreclosure.  In a closely watched case, the en banc court agreed with the arguments K&L Gates lawyers made, and the court held that the statute of limitations did not bar the subsequent foreclosure.
Montgomery Cnty. v. MERSCORP Inc., 795 F.3d 372 (3rd Cir. 2015).  K&L Gates lawyers represented the Pennsylvania Bankers Association as amicus curiae in an appeal testing whether Pennsylvania’s recording statutes are mandatory and whether the MERS system gives rise to liability for failure to comply with the recording statute.  The Third Circuit held that the recording statutes are not mandatory.
Banquez v. Deutsche Bank Nat. Trust Co., 2014 WL 7735837 (N.J. Super. Ct. App. Div. Feb. 3, 2015).  K&L Gates lawyers represented Deutsche Bank National Trust Company in a successful appeal to the Appellate Division of the New Jersey Superior Court and obtained an order directing the trial court to send the plaintiff’s claims to arbitration. 
Denise Minter et al. v. Wells Fargo Bank, N.A. et al.762 F.3d 339; Bradley Petry et al. v. Prosperity Mortgage Company et al., 758 F.3d 543 (4th Cir. 2014).  After more than six years of litigation, K&L Gates lawyers obtained favorable decisions from the Fourth Circuit Court of Appeals for defendants Wells Fargo Bank, N.A. and Wells Fargo Ventures, LLC (“Wells Fargo”) in two related class-action lawsuits.
In the first appeal, Denise Minter et al. v. Wells Fargo Bank, N.A. et al. 762 F.3d 339, the Fourth Circuit affirmed the judgment entered in Wells Fargo’s favor after a five-week jury trial in which the plaintiffs alleged that Wells Fargo’s joint-venture company was a sham that failed to provide customers with proper disclosures under the Real Estate Settlement Procedures Act.
In Petry et al. v. Prosperity Mortgage Company et al., 758 F.3d 543, the Fourth Circuit affirmed the district court’s entry of judgment in Wells Fargo’s favor in a case in which the plaintiffs asserted claims under Maryland’s Finder’s Fee Act.
Szafranski v. Dunston, 393 III.Dec. 604 (Ill. Ct. App., 1st Dist., 2015).  The Illinois Court of Appeals affirmed a judgment in favor of K&L Gates’ client, a woman who sought custody of cryopreserved pre-embryos in a dispute with her former boyfriend.  The boyfriend sought review from the Illinois Supreme Court, but K&L Gates lawyers persuaded that court to deny review.  The case garnered significant media attention, including coverage on CNN, NBC, the Daily Mail, and the ABA Journal.
Gammino v. Sprint Communications Company, Fed. Cir. Nos. 2013-1636, 2014-1016 (2014). Represented wireless carriers Sprint and Nextel in a patent infringement case. Plaintiff Gammino appealed from the Eastern District of Pennsylvania’s Markman claim construction ruling that was the basis for a stipulated judgment that Sprint did not infringe Gammino’s patent to a system for blocking fraudulent long distance calls. On appeal, the Federal Circuit affirmed the district court’s Markman ruling and the resulting judgment that Sprint did not infringe.
Loken-Flack, LLC v. Novozymes BIOAG, Inc., Fed. Cir. Appeal No. 15-1026 (2015). Represented global biotechnology company Novozymes in a patent inventorship case. Plaintiff Loken-Flack appealed from the District of Colorado’s summary judgment rejecting Loken-Flack’s effort to add its founder as a co-inventor on Novozymes’ patent for enhancing plant growth and crop yield. On appeal, the Federal Circuit affirmed the judgment that only Novozymes scientists were properly named as inventors, and that plaintiff Loken-Flack’s founder should not be added to the patent as an inventor.
Newman Dev. Group of Pottstown, LLC v. Genuardi's Family Mkts., Inc., 52 A.3d 1233 (Pa. 2012).  K&L Gates lawyers represented a group of former appellate judges and current appellate advocates acting as amici curiae seeking to persuade the Pennsylvania Supreme Court that the intermediate appellate court’s waiver analysis was incorrect and overly harsh.  The Supreme Court quoted the K&L Gates brief and agreed with the position espoused by K&L Gates’ client.