Supreme Court, Appellate, and Complex Litigation

Bancroft PLLC has extensive experience briefing and arguing high-stakes and complex cases in the United States Supreme Court and the courts of appeal.  All of our Bancroft partners have argued successfully before the Supreme Court, including former Solicitor General Paul D. Clement, who has argued over 70 cases before the Court.  In addition to the Supreme Court, Bancroft has handled numerous matters in federal district and state appellate courts, typically in cases where the stakes and the potential for costly financial exposure are high.  Our practice is not only limited to appeals but also includes constitutional and high-stakes matters in trial court and pre-litigation strategic counseling.  What defines our practice is not the nature of the Court, but the nature of the issues and what is at stake.

Our Supreme Court work covers every aspect of Supreme Court practice.  We prepare petitions for certiorari and certiorari-stage briefing, and we are often brought in after the Court grants certiorari to handle merits briefing and argument.  We have also handled significant matters involving the Court’s appellate and original jurisdiction.  We have extensive experience dealing with the Office of the Solicitor General and frequently handle meetings with that Office either before or after the Court calls for the views of the Solicitor General in a pending matter.

We have handled high-stakes appeals in every Circuit, in various state appellate courts throughout the country, and in countless areas, including antitrust, attorneys’ fees, class actions, commercial, copyright, criminal, education, employment, environmental, ERISA, FDA, health care, labor, national security, patent, preemption, professional liability, RICO, securities, telecommunications, voting rights, and all manner of constitutional issues.  We have successfully handled patent appeals to the Federal Circuit, specialized administrative appeals to the D.C. Circuit, extraordinary petitions for mandamus, and petitions for interlocutory appeal under 28 U.S.C. § 1292(b) and Federal Rule of Civil Procedure 23(f).

Our work on constitutional issues extends to trial practice and even to pre-litigation counseling.  We have brought constitutional challenges to major federal programs, such as the FDA’s off-label use regulations, and we have authored substantive constitutional analyses of pending legislation.

Our Supreme Court and appellate practice reflects the Firm’s commitment to pro bono work as an important part of our professional responsibility.  Our lawyers have helped to secure landmark Supreme Court rulings on issues involving the standing of the Eighth and Tenth Amendments and also obtained a significant settlement in a wrongful prosecution action in the wake of a Supreme Court argument.

Finally, our practice is by no means limited to appellate courts or constitutional issues.  What defines our practice is neither the forum nor the substantive area; we are available to assist clients on high-stakes, complex issues wherever they arise.  We routinely work cooperatively with co-counsel and pride ourselves on putting client interests first and delivering results.

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