About

Provided by Morrison Foerster

Morrison & Foerster is at the forefront of appellate litigation in the U.S. Supreme Court, the federal courts of appeals, and state appellate courts.  Our appellate team leverages its substantive and strategic expertise to take on some of the most challenging legal issues before the appellate courts.  Our team takes full advantage of the firm’s vast platform that combines the expertise of attorneys across multiple specialties, including those in the firm’s highly ranked Intellectual Property practice.

The lawyers in our group specialize in appeals, spending the vast majority of their time in appellate courts.  The practice is co-chaired by Deanne Maynard and Joe Palmore, both former Assistants to the Solicitor General; they collectively have argued 24 cases in the United States Supreme Court and dozens more in the federal courts of appeals.  The group is also home to Miriam Vogel, a former Justice on the California Court of Appeal who is now among California’s most prominent and successful state court appellate practitioners.

We regularly represent major corporations, trade associations, and industry groups before the Supreme Court. We are skilled at presenting our clients' positions in a context that facilitates the Supreme Court's resolution of a broad legal issue presented, while also advancing our client's interests in the particular case. We are experienced at briefing and oral argument before the Supreme Court on the merits of cases, and also at the certiorari stage.

Chambers Review

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Appellate Law - USA - Nationwide

3
Band 3

What the Team is Known For

Morrison Foerster houses a cadre of experienced appellate attorneys with significant governmental and state court judiciary experience. The firm's signature IP specialization is complemented by excellent capabilities in class action, antitrust and copyright matters. It is also highly active in pro bono work, with expertise in civil rights and wider public interest cases.

Work Highlights

  • Morrison Foerster represented C.R. Bard before the Ninth Circuit in a dispute concerning patent misuse and the enforceability of post‑expiration royalty obligations under a licensing agreement. The court reversed a district court ruling and held that patent misuse analysis turns on the terms of the contract rather than the parties’ subjective intent, allowing Bard to recover royalties owed under the agreement.

Strengths

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Notable Practitioners

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Deanne Maynard
1
Deanne Maynard
1
Band 1
Deanne Maynard is held in high esteem for her expert handling of appeals, being particularly noted for her deep experience in patent cases.

She's one of the most talented lawyers working in the appellate space. She has all the skills – she's a great writer and a very effective oral advocate with a low-key style that works well.

Joseph Palmore
2
Joseph Palmore
2
Band 2
Joseph Palmore advises clients on a wide range of disputes, including bankruptcy, environmental law, ERISA and fiduciary duty matters, among others. He is experienced in representing clients before the federal courts of appeals as well as the US Supreme Court.

He was magisterial in court. He's extraordinarily well prepared and understood the issues in greater depth than I thought possible.

He has full command of the law, facts and our business and has mastered appellate arguments.

He's very insightful on how the court works and how it will impact us.

Ranked Lawyers at
Morrison Foerster

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Band

USA - Nationwide

Appellate Law

Deanne Maynard
1
Deanne Maynard
1
Band 1
Joseph Palmore
2
Joseph Palmore
2
Band 2

Members

Provided by Morrison Foerster