California Appellate

Arnold & Porter has broad experience in the California appellate courts and the federal appellate courts, with particular focus on the Ninth Circuit. Our deep bench has been repeatedly recognized for its excellence and our appellate lawyers are active leaders in state and national appellate associations. We bring to our clients thorough, careful and objective analysis, systematically identifying not only winning arguments but also challenges that must be overcome. The team carefully vets arguments to pick only the best ones, leaving others on the cutting room floor so as not to bring down the strongest points. We pride ourselves on lively writing and compelling storytelling, understanding that a sympathetic factual presentation can be just as important to success as a powerful legal argument.

“Arnold & Porter's bench is excellent in every way.”—Chambers USA, California Appellate
>> Click here to learn more about our senior California appellate lawyers who operate—and are recognized—at the highest level of the profession.
  • Three of our senior California appellate lawyers are appellate specialists certified by the State Bar of California. (Kirk Jenkins, Sean SeLegue, Peg Toledo)
  • Three are members of the selective California Academy of Appellate Lawyers (Kirk Jenkins, Steven Mayer, Sean SeLegue)
  • Three are members of the invitation-only American Academy of Appellate Lawyers. (Kirk Jenkins, Steven Mayer, Sean SeLegue)
  • Two formerly clerked at the Ninth Circuit. (Sean SeLegue, Peg Toledo)
  • One has long served on the Ninth Circuit Advisory Board, including as that group’s chair. (Peg Toledo)
  • One formerly served as chair of the State Bar of California by appointment of the California Supreme Court. (Sean SeLegue)
  • One is recognized by Chambers as a “leader” in environmental litigation, particularly California’s Proposition 65. (Trent Norris)

Experience Highlights

  •  Jurisdiction/Mass Actions: Persuaded California Supreme Court to grant review twice in matter regarding personal jurisdiction over claims brought by out-of-state plaintiffs in mass tort action. Bristol-Myers Squibb Co. v. Superior Court, 1 Cal. 5th 783 (2016), rev'd, 137 S. Ct. 1773 (2017)

  • Real Estate: Obtained 82 percent reduction in judgment in a prominent dispute regarding co-tenancy clauses. Grand Prospect Partners LP v. Ross Dress for Less Inc., 232 Cal. App. 4th 1332 (2015)

  • Business Dispute: Represented Cameron and Tyler Winklevoss at the Ninth Circuit concerning their dispute with Facebook and its founder, Mark Zuckerberg. The Facebook Inc. v. ConnectU Inc., 640 F.3d 1034 (9th Cir. 2011)

  • Products Liability: Represented major franchisor regarding products liability issues arising from point-of-sale system each franchisee was required to purchase.

  • Energy Law: Represented major energy company in an appeal concerning wholesale gas pricing.

  • Defamation: Successfully defended trial court order dismissing libel suit brought by Stephen Wynn and his company. Wynn v. Chanos, 685 F. App’x 578 (2017)

  • Constitutional Law: Successfully represented California Governor Jerry Brown in an action challenging the constitutionality of Proposition 209 as applied to California’s public universities. Coalition to Defend Affirmative Action v. Brown, 674 F.3d 1128 (9th Cir. 2012)

  • High-Asset Marital Disputes: Appeals related to marital property and spousal support for clients that have included baseball player Barry Bonds and the principal owner of a supermarket chain, currently retained regarding a $23 million marital property judgment on appeal.

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