Our Appellate practice handles appeals in federal and state courts across all practice areas, protecting favorable outcomes and challenging adverse decisions.
Appellate decisions often determine ultimate case outcomes and shape law for future disputes. MC Law's Appeals practice provides skilled appellate advocacy.
We practice in all federal circuits and the Supreme Court. We handle appeals from district court judgments, interlocutory appeals, and original proceedings.
Generally, appeals may be taken from final judgments disposing of all claims against all parties. Limited interlocutory appeals are available for injunctions, class certification decisions, and orders certified under 28 U.S.C. § 1292(b) as involving controlling questions of law.
Standards vary by issue: legal questions are reviewed de novo, factual findings for clear error, discretionary decisions for abuse of discretion, and mixed questions under the standard appropriate to the predominant component. The standard significantly affects the likelihood of reversal.
In federal court, the notice of appeal must be filed within 30 days of judgment entry in civil cases. Post-trial motions toll the deadline. Missing the deadline is generally jurisdictional and cannot be cured, making timely filing critical.
Issues must be properly raised and objected to in the trial court to be preserved for appeal. This includes timely objections, motions, and offers of proof. Issues not preserved are reviewed only for plain error, a significantly harder standard to meet.
Reversal may result in remand for a new trial, entry of judgment for the appellant, or remand with instructions on specific issues. The scope of remand depends on the grounds for reversal and the appellate court's directions.
Order attorney-drafted documents related to this practice.
A comprehensive clearance search plus preparation and filing of one federal trademark application.
Clearance, preparation, and filing, plus responses to routine (non-substantive) Office Actions.
Full-service prosecution from filing through registration, including substantive Office Action responses.
A short-form agreement providing a security interest in copyrighted works as collateral for a loan or other financial arrangement.
An agreement used to formalize the termination of a direct hire employee, including provisions for confidentiality, intellectual property, and severance.
A notice sent to a service provider under the Digital Millennium Copyright Act (DMCA), requesting the removal of infringing content hosted on their platform.
A simplified agreement used to transfer ownership of a copyright from one party to another, including details such as rights transferred, payment, and effective date.
An agreement where the copyright owner grants a licensee the right to use the copyrighted material under specified terms, including usage scope, duration, and payment.