Supreme Court, Appellate, and Complex Litigation
As of October 2016, when the attorneys from Bancroft joined Kirkland & Ellis LLP, they focused on briefing and arguing high-stakes and complex cases in the United States Supreme Court and the courts of appeal. Five Bancroft partners have argued successfully before the Supreme Court, including former Solicitor General Paul D. Clement, who has argued over 80 cases before the Court. In addition to the Supreme Court, Bancroft has handled appeals in every Circuit and in numerous state appellate courts, typically in cases where the stakes and the potential for costly financial exposure are high. In the last year, for example, we secured the reversal of an over $2 billion jury verdict against one client in the Seventh Circuit, while successfully defending a $1.2 billion jury verdict for other clients in the Tenth Circuit. Our practice is not 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 successfully secured certiorari over the federal government’s opposition and have successfully opposed certiorari when the federal government has sought it.
We have handled high-stakes appeals across the country and in countless substantive areas, including antitrust, attorneys’ fees, bankruptcy, class actions, copyright, criminal, education, employment, energy, 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 or proposed administrative action.
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 in cases narrowing the scope of federal crimes and broadening the standing of defendants to raise constitutional challenges and have obtained a significant settlement in a wrongful prosecution action in the wake of a Supreme Court argument.
Finally, our litigation experience is by no means limited to appellate courts or constitutional issues. Our work is defined by 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.