The Appellate and Constitutional Law Practice Group's lawyers participate in appeals in all 13 federal courts of appeals and state appellate courts throughout the United States and have presented arguments in front of the Supreme Court of the United States more than 100 times. The group has broad experience in complex appellate litigation at all levels of the U.S. federal and state court systems.
In addition to traditional appellate litigation activities, the Appellate and Constitutional Law group provides a wide range of services on constitutional and related issues that include:
- Formulating and briefing new legal arguments in the trial courts to ensure that legal arguments are developed and preserved for appeal
- Developing and advancing constitutional and policy arguments on proposed legislation and regulations
- Managing complex litigation
- Developing novel or complex legal theories, sometimes long before the suit is filed
- Advising on possible constitutional challenges to statutes and the effects of regulations on proposed transactions or business plans
- Analyzing proposed legislation and regulations from legal and policy perspectives, testifying before the U.S. Congress and state legislatures, and engaging in other forms of legislative and public policy advocacy
- Counseling government entities, allowing them to anticipate legal challenges and to avoid needless litigation
In recognition of its achievements, The American Lawyer named Gibson Dunn its 2016 Litigation Department of the Year, our firm's unprecedented third win in this biennial competition since 2010. Dubbing the firm's litigators "The Game Changers" in 2010, The American Lawyer in 2012 declared that we possess "The Complete Game" and took particular note of our "revered Supreme Court practice" and "superb" appellate lawyers. Gibson Dunn received Finalist honors in 2014. Recognized by additional top legal publications including Chambers and The National Law Journal, we are proud of our reputation as aggressive, creative appellate lawyers and constitutional law experts.
The Appellate and Constitutional Law group has been involved in matters that cover a wide array of constitutional, statutory, regulatory and common-law issues. Our experience and expertise extend beyond the courts in the U.S. jurisdictions where we maintain offices — California, Colorado, New York, Texas and Washington, D.C. — to include many others.
The Appellate and Constitutional Law group's team of lawyers has a winning track record for grants of certiorari petitions, exceeding by far the Supreme Court's average grant rate. Our partners include the former Solicitor General of the United States Theodore B. Olson, former Assistant to the Solicitor General Miguel Estrada, and former OSG Bristow Fellow Mark Perry. In addition, James C. Ho was Solicitor General of Texas, and Caitlin J. Halligan was Solicitor General for the State of New York. Daniel M. Kolkey previously served as an Associate Justice on the California Court of Appeal, Third Appellate District.
Our strong, high-profile and successful presence before the Court includes appearances on behalf of clients that have included major U.S. corporations, U.S. states and presidential candidates. Our group aims to win each case, but we also seek to address the root causes of your legal difficulties and, if possible, improve the legal, social and policy environments in which your rights will be decided.