Appellate Advocacy 2017-02-24T00:05:27+00:00

At KBK, our attorneys are ranked among the top appellate litigators in California. We have appeared before the U.S. Supreme Court and federal and state appellate courts nationwide. Most of our attorneys have served as judicial clerks in the U.S. Supreme Court or the federal appeals courts, including the U.S. Court of Appeals for the Ninth Circuit and the U.S. Court of Appeals for the Second Circuit. Our attorneys also provide a strategic appellate perspective on trial litigation and are often engaged to provide advice about and litigate questions of constitutional law. Examples of representative matters include:

  • Succeeded on appeal on behalf of the heirs of the creator of the television show, “Hawaii Five-0,” in proceedings involving rights dispute with creator’s former talent agent.
  • Represented Universal Music Group before the California Supreme Court in a landmark case involving the scope of the attorney-client privilege.
  • As amicus curiae, successfully represented the League of California Cities and a major outdoor advertising company in obtaining a Ninth Circuit appellate victory holding that a city contract allowing outdoor advertising in connection with mass transit did not invalidate a ban on new off-site signs on private property. Argued the appeal against constitutional law scholar Laurence Tribe.
  • In a landmark case, serving as co-counsel with Lambda Legal and People for the American Way Foundation, secured rights for Orange County high school students in a gay-straight alliance to be able to meet on the same terms as other student groups. Today, there are 4,000 such groups in the U.S.
  • Represented the NOW Legal Defense and Education Fund as amicus curiae in a successful U.S. Supreme Court challenge to a Texas criminal law that punished same-sex sexual conduct.
  • Obtained summary judgment and Supreme Court affirmance for the California State Senate in a redistricting challenge.
  • Served as special outside counsel to Los Angeles County in connection with county redistricting following the 2010 census.
  • Advised and represented clients in connection with redistricting and challenges to state and local initiative measures.
  • Represented and advised clients regarding the successful challenge to California’s Proposition 8.
  • Successfully represented outdoor advertising companies for more than a decade in a variety of major disputes, many of which involve First Amendment issues. Matters have addressed whether government regulations unconstitutionally discriminate based on content, whether fees affecting the industry are unconstitutionally excessive, whether tolling of penalties is constitutionally required when applied to speech activities, and the extent to which governments may treat government property differently than private property for purposes of outdoor advertising regulations.
  • Represented leading cell phone service provider in an appellate matter regarding private rights of action to enforce compensation provisions of the Federal Communications Act.
  • Argued successfully before the California Court of Appeal to uphold the dismissal of tort claims in an appeal arising from a suit alleging that defendants had sold the plaintiff’s semiconductor processing equipment that was the source of a patent infringement claim against the plaintiff by a third party.
  • Represented leading securities industry trade groups in the filing of an amicus brief in the Fifth Circuit in a case concerning third-party liability for securities violations in civil litigation arising out of the Enron scandal.
  • Argued successfully before the U.S. Supreme Court to vacate a 21-month sentence for a KBK client in a pro bono case.
  • Served as the pro bono counsel for the Natural Resources Defense Council (NRDC) and other environmental organizations. Successfully obtained an injunction that blocked the Navy’s planned detonation of explosives near the Channel Islands Marine Sanctuary.
  • Argued before the U.S. Supreme Court on behalf of the NRDC in the Winter v. NRDC case, in which the Navy appealed a lower court’s ruling in favor of the NRDC that had limited the Navy’s use of underwater sonar during training drills because of its harmful effect on whales and other marine mammals.
  • Represented Greenpeace USA in a Ninth Circuit appeal of injunction against protest activity relating to Arctic drilling.