Appellate lawyers at Munger, Tolles & Olson have argued hundreds of cases in courts of appeals across the country in cutting-edge areas of commercial and business law, patent law, international law, foreign affairs matters and California’s unfair competition law. We represent some of the nation’s most prominent companies, including Bank of America, Boeing, Facebook, Lockheed, Occidental Petroleum, Shell Oil and Wells Fargo.

Many of our lawyers have Justice Department experience, representing the United States in the U.S. Supreme Court, federal appellate courts and international tribunals.

Clients turn to our appellate group to prevail in their most important matters. We often step in to handle post-trial motions and appeals following adverse rulings or verdicts where the consequences, including monetary awards, are massive.

Our recent matters include representing:

  • The pro bono petitioner in Betterman v. Montana, a case before the U.S. Supreme Court determining whether a delay in sentencing violates a person’s Sixth Amendment right to a speedy trial.
  • Americold in a case before the U.S. Supreme Court addressing the citizenship status of a realty trust for purposes of federal diversity jurisdiction.
  • Bank of America and its senior executives in a Second Circuit appeal resulting in affirming a district court’s dismissal of a shareholder class action.
  • Facebook in Ninth Circuit appeals successfully defending
    • a ruling denying class action status in a case challenging its advertising practices; and
    • a class action settlement relating to privacy and publicity claims, as well as an appeal by an “opt-out” plaintiff whose claims were dismissed on the merits. 
  • KB Home in obtaining reversal, in the California Court of Appeal, of an adverse jury verdict in a contract case.
  • Lockheed Martin Corporation in Ninth Circuit appeals
    • successfully defending a jury verdict rejecting a $400 million False Claims Act claim against Lockheed; and
    • obtaining a published opinion upholding the dismissal of claims asserting defense contract rights against Lockheed.
  • Philip Morris in winning affirmance in the California Court of Appeal of a defense verdict in a certified consumer class action seeking more than $2 billion in restitution.
  • Professional Satellite and Communications (ProSat) in a successful appeal before the California Court of Appeal reversing a trial court order and reinstating a multimillion dollar arbitration award against DirecTV.
  • The University of California in obtaining
    • an appellate opinion upholding dismissal of a class action complaint under the Confidentiality of Medical Information Act (CMIA) alleging that healthcare providers negligently lost confidential medical information; and
    • affirmance of a ruling that Native American tribes were indispensable parties, who could not be joined by virtue of their sovereign immunity, to an action concerning the University’s decision to repatriate ancient skeletal remains to the tribes under the Native American Grave Preservation and Repatriation Act.  
  • Transocean in several appeals arising from the oil spill in the Gulf of Mexico, including winning affirmance of trial court rulings in the Fifth Circuit, in winning a major insurance dispute in the Texas Supreme Court, and in winning dismissal of a securities action in the Second Circuit.
  • York Insurance Services Group in appeals
    • before the California Supreme Court in an important case addressing the scope of worker’s compensation preemption; and
    • before the California Court of Appeal in a major wage-an-hour case that was tried to judgment.
  • 1-800-CONTACTS in a Tenth Circuit appeal by contact lens manufacturers challenging under the Dormant Commerce Clause a Utah statute prohibiting resale price maintenance for the sale of contact lenses.
  • Pro bono clients in the U.S. Supreme Court and federal and state appellate courts across the country.

Daniel P. Collins (213) 683-9125
Benjamin J. Horwich (415) 512-4066
Daniel B. Levin (213) 683-9135
Fred A. Rowley, Jr. (213) 683-9259
Mark R. Yohalem (213) 683-9188