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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

Other Services:

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.

Amicus Support:

Recruiting amici and preparing friend-of-the-court briefs

Appellate Credentials:

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).

Appellate Testimonial:

“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

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“I have practiced municipal law for more than three decades. During the last two years, David Tennant has advised me and, in turn, my municipal client, on the peculiar laws relating to our municipal interactions with an Indian tribe. He is a brilliant and persuasive analyst, adroitly balancing risk and reward. He also has a very winning track record. I could not recommend him more highly.”

Chad R. Hayden • Read More Testimonials