Appellate Law Services
David has argued appeals from coast to coast.
Appeals to New York State Supreme Court Appellate Division Departments and New York Court of Appeals
Writs to the Supreme Court of the United States and merits briefing
Appeals to California Courts of Appeal and California Supreme Court
Appeals to federal circuit courts
Working with your trial team:
Whether as a formal member of the team sitting at counsel table or a discrete observer in the back of the courtroom, help to frame and preserve issues for appeal focusing on motions and jury instructions.
Working with other appellate counsel:
“mooting” briefs; staging moot courts; helping to frame issues; advise clients and counsel unfamiliar with court practices and judges.
Recruiting amici and preparing friend-of-the-court briefs
Incoming Chair of the American Bar Association (Judicial Division) Council of Appellate Lawyers, the only national bench-bar organization for appellate lawyers and judges. Member New York State Bar Association Committee on Courts of Appellate Jurisdiction David has written widely and lectured frequently on state and federal appellate practice.
Voted by peers as Lawyer of the Year for Appellate Practice in Rochester in 2016 and Super Lawyer in Appellate in 2018 (as well as Best Lawyer Appellate 2015, 2016, 2017 and 2018 Appellate)
Examples of Appellate Publications
Co-author with Hon. Richard C. Wesley, Senior Circuit Judge, United States Court of Appeals for the Second Circuit, “Appeals to the U.S. Circuit Courts,” a chapter on federal civil appellate practice as part of the multi-volume treatise, Business and Commercial Litigation in the Federal Courts, 4th Ed. 2018 (Thompson-West).
Co-author of two chapters on appellate practice (record on appeal and appellate motion practice) Appellate Practice in Federal and State Courts (Law Journal Press 2018).
Examples of Appellate Presentations
ABA Judicial Conclave, April 19, 2018, “Siri, how heavy is a 9-MM pistol?”: Emerging Ethical Issues in Independent Judicial Research” (Panelist).
ABA Mid-year program, February 7, 2014: “Writing a Persuasive Appellate Brief” (Program Chair and Moderator).
Appellate Judges Educational Institute Appellate Summit, November 15, 2016 “The Pain of Waiver: Everything You Ever Wanted to Know about Waiver but Were Afraid to Raise” (Program Chair, Moderator and Panelist).
“I just wanted to say thank you for putting together such an excellent amicus brief. This one goes way beyond a “me-too,” and really illuminates the need for review in a distinctive and compelling way. The CA4 case study is great!”
Matthew S. Hellman, co-chair of Jenner & Block LLP ‘s Appellate and Supreme Court Practice