Appellate & Supreme Court

Recent News:

Appellate Hot List 2020: Cozen O'Connor

Michael de Leeuw was featured in a Q&A held by the National Law Journal discussing Cozen O'Connor being named to the NLJ 2020 Appellate Hot List.

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Cozen O’Connor’s nationally ranked appellate practice — named to the National Law Journal’s 2020 Appellate Hot List — represents clients in the U.S. Supreme Court and in federal and state appellate courts throughout the country.  Our appellate lawyers help guide clients through all stages of the appellate process, but our work often begins pre-appeal. We collaborate with trial teams at all stages of litigation, including during and prior to trial, pre- and post-verdict, and throughout the appellate process.

The firm’s attorneys have successfully handled appellate matters in such diverse legal areas as constitutional law, class actions, antitrust, securities, contract law, business torts, labor and employment, medical device and drug litigation, toxic torts, intellectual property, insurance coverage, subrogation, professional liability, health care, and white collar criminal defense. Our appellate lawyers work closely with our clients, our trial teams, and experts to deliver excellent results. We also represent our clients and related trade organizations in filing amicus briefs on important issues before the U.S. Supreme Court and other appellate courts throughout the country.

There are only limited opportunities to make the winning arguments to an appellate court — a few briefs and oral argument — so experience, big-picture strategic thinking, and foresight are key to appellate success. We understand that appealing a trial court ruling is often a high-stakes proposition with the potential for a business-altering result. With this in mind, we never lose sight of our clients’ business goals and realities. 

One example of Cozen O’Connor’s appellate prowess is our victory before the U.S. Supreme Court in a groundbreaking First Amendment case, representing the appellant in Manhattan Community Access Corp. v. Halleck. The dispute centered on questions of private versus governmental activity and who can be sued under the First Amendment. Convincing the Court to grant certiorari presented a significant challenge, and our team made key strategy decisions at that stage that not only persuaded the Court to take the case, but led directly to the victory. In that case, as in all appeals we handle, our focus was on framing the issue and keeping the Court focused on our framework, regardless of the other side’s repositioning. A perfectly presented appeal does not ask judges to wrestle with a decision, but rather asks them to endorse an inexorable conclusion.

Cozen O’Connor’s appellate team includes more than 40 attorneys around the country with significant appellate experience. They have collectively handled hundreds of appellate matters, authored important amicus briefs on behalf of industry groups and other interested parties, served in prestigious judicial clerkships, authored law review articles, served on law review editorial boards, and participated in numerous court-related committees. This level of professional and academic activity keeps our attorneys on the cutting edge of trends in the appellate courts, which, in turn, allows us to offer our clients superb service and prescient strategic advice.

SERVICE AREAS

  • Handle all types of appellate matters in any appellate forum
  • Analyze the record, supporting documents, and relevant law to advise clients and develop appellate strategies that ensure the most compelling legal arguments are raised to an appellate court
  • Provide advice on potential interlocutory appeals
  • Draft persuasive and comprehensive appellate briefs and other appellate documents
  • Present compelling oral arguments
  • Advise trial counsel prior to and during trial to ensure the proper identification and preservation of appellate issues
  • Draft compelling amicus curiae briefs that are never mere rehashes of the parties’ arguments

 

Experience

Publications

Third Circuit Rejects “Intended Loss” as Basis to Sentence Economic Crimes

December 02, 2022

On November 29, the Third Circuit issued a decision that will substantially impact the sentences imposed for federal fraud offenses.

The Opioid Epidemic Reaches the US Supreme Court

April 15, 2022

Leigh Ann Benson and Stephen Miller contributed an article to The Legal Intelligencer discussing how in Ruan v. United States, the U.S. Supreme Court will decide whether a jury should consider a doctor’s subjective intent when assessing a potential violation of the Controlled Substances Act.

US Supreme Court Poised to Revolutionize College Athletics

April 29, 2021

Stephen Miller and Jonathan Ciriello contributed an article to The Legal Intelligencer discussing how change is coming to the NCAA’s amateurism model.

US Supreme Court Considers Religious-Freedom Case From Phila.

March 03, 2021

Stephen Miller and Rohan Mohanty contributed an article to The Legal Intelligencer discussing the U.S. Supreme Court case of Fulton v. City of Philadelphia.

Eleventh Circuit Goes It Alone by Prohibiting Class Representative Incentive Awards [Alert]

September 21, 2020

Jason Barsanti discusses the Eleventh Circuit's decision in Johnson v. NPAS Solutions, LLC.

A Long, Broken Arm Internet Defamation & Personal Jurisdiction

August 07, 2020

Michael de Leeuw and Tamar Wise contributed an article to the ACC New York City Chapter newsletter discussing issues associated with personal jurisdiction and the Internet.

The Constitution and Religious Gatherings [The National Law Journal]

June 24, 2020

Michael de Leeuw and Tamar Wise contributed an article to The National Law Journal discussing the constitutional limits on infringements on religious gatherings.

Pennsylvania Courts May Not Deny Those Under Court Supervision Access to Medical Marijuana [Alert]

June 22, 2020

Tom Wilkinson and Ryan Kelly discuss the firm's recent win before the Pennsylvania Supreme Court.

Supreme Court Limits First Amendment Exposure of Social Media Giants [Silicon Valley Business Journal]

July 11, 2019

Michael B. de Leeuw and Tamar Wise contributed an article to Silicon Valley Business Journal discussing the Manhattan Community Access Center v. Halleck (MCAC) case.

Events & Seminars

Past Events

WDTL 2016 Annual Tort Law Update

December 09, 2016 - Seattle, WA

Appeals: Writing, Editing, Persuasion & Ethics

March 29, 2012 - Seattle, WA

In The News

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

Eight Cozen O’Connor Attorneys Recognized as 2022 Southern California Super Lawyers

January 20, 2022

Super Lawyers has named eight Cozen O'Connor attorneys to its 2022 Southern California Super Lawyers list.

Cozen O’Connor Named Law Firm of the Year by The Legal Intelligencer

November 12, 2020

The Legal Intelligencer highlighted the firm’s many legal victories as its reason for the honor, including our recent victory before the U.S. Supreme Court, closing $510 million sale of a longtime client, and our win in the Second Circuit on behalf of the 9/11 families.

Cozen O’Connor Named to the National Law Journal’s 2020 Appellate Hot List

November 02, 2020

Cozen O’Connor is pleased to announce that the firm has been named to the National Law Journal’s 2020 Appellate Hot list.

Appellate Hot List 2020: Cozen O'Connor

November 01, 2020

Michael de Leeuw was featured in a Q&A held by the National Law Journal discussing Cozen O'Connor being named to the NLJ 2020 Appellate Hot List.

Myriad Section 230 Bills Show Agreement Still Out Of Reach

October 16, 2020

Michael de Leeuw was quoted in a Law360 article discussing how a politically neutral proposal such as the Pact Act will likely get more traction than other bills that seek to impose stricter oversight of social media platforms.

Super Lawyers Recognizes 21 Cozen O’Connor Attorneys in New York

September 29, 2020

Super Lawyers has named 21 Cozen O’Connor attorneys to its 2020 New York Super Lawyers and Rising Stars list.

Cozen O’Connor Taps Nevada Litigator Karl O. Riley to Manage its Las Vegas Office

September 08, 2020

Riley joins the firm as a member within the firm’s Commercial Litigation department. Additionally, Riley will be a part of the Labor & Employment, Class Actions, and Appellate practice groups.

Nine Cozen O’Connor Attorneys Recognized as 2020 Southern California Super Lawyers

January 15, 2020

Super Lawyers has named nine Cozen O'Connor attorneys to its 2020 Southern California Super Lawyers.

Tamar Wise Named One of New York City’s 40 Under 40 Rising Stars By City & State New York

October 29, 2019

Tamar Wise, a member of Cozen O’Connor’s Commercial Litigation Department, has been named one of New York City’s 40 Under 40 Rising Stars by City & State New York.

17 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

September 27, 2019

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2019 New York Super Lawyers and Rising Stars list.

Cozen O’Connor Team Wins Landmark First Amendment Ruling

June 21, 2019

The team includes Michael de Leeuw, Stuart Shorenstein, Tamar Wise, Stephen Miller, Jesse Loffler, William Lesser, and Anna Hanke.

18 Cozen O'Connor Attorneys Named New York Metro Super Lawyers and Rising Stars

September 21, 2018

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2018 New York Super Lawyers and Rising Stars list. Twelve were recognized as Super Lawyers and five were named "Rising Stars."

Contacts

Michael B. de Leeuw

Vice Chair, Business Litigation

mdeleeuw@cozen.com

(212) 908-1331

Stephen A. Miller

Co-Chair, White Collar Defense & Investigations

samiller@cozen.com

(215) 665-4736

People

Awards

Eight Cozen O’Connor Attorneys Recognized as 2022 Southern California Super Lawyers

January 20, 2022

Super Lawyers has named eight Cozen O'Connor attorneys to its 2022 Southern California Super Lawyers list.

Cozen O’Connor Named Law Firm of the Year by The Legal Intelligencer

November 12, 2020

The Legal Intelligencer highlighted the firm’s many legal victories as its reason for the honor, including our recent victory before the U.S. Supreme Court, closing $510 million sale of a longtime client, and our win in the Second Circuit on behalf of the 9/11 families.

Cozen O’Connor Named to the National Law Journal’s 2020 Appellate Hot List

November 02, 2020

Cozen O’Connor is pleased to announce that the firm has been named to the National Law Journal’s 2020 Appellate Hot list.

Nine Cozen O’Connor Attorneys Recognized as 2020 Southern California Super Lawyers

January 15, 2020

Super Lawyers has named nine Cozen O'Connor attorneys to its 2020 Southern California Super Lawyers.

17 Cozen O’Connor Attorneys Recognized as New York Super Lawyers and Rising Stars

September 27, 2019

Super Lawyers has named 17 Cozen O'Connor attorneys to its 2019 New York Super Lawyers and Rising Stars list.

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