Appellate and Constitutional Litigation

Kendall Brill & Klieger attorneys are named among the top appellate and commercial litigators in California, and have appeared before the U.S. Supreme Court and federal and state appellate courts nationwide.

Founding partner Laura Brill is a former law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg, and a significant number of KBK attorneys have served as judicial clerks in federal appeals courts, including the Ninth Circuit and Second Circuit.

KBK attorneys have experience representing clients in appellate matters involving First Amendment challenges, environmental protection, technology licensing and patent disputes, land use and development issues, voting rights disputes, white-collar criminal law issues, securities law, international law, telecommunications, and a range of constitutional and administrative law issues. Additionally, we provide a strategic appellate perspective on trial litigation and are often called on to advise and litigate concerning questions of constitutional law.

Since the firm’s founding in May 2009, KBK attorneys have appeared in and counseled clients in a range of constitutional and appellate matters including the following:

Entertainment, Intellectual Property and High-Tech

Representing video-game company before the United States Court of Appeals for the Ninth Circuit in an appeal concerning denial of class certification arising out of challenges to company’s billing practices.

Advising foreign and domestic high-tech companies concerning appeals relating to patent licensing disputes in the United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Fifth Circuit.

Viacom v. YouTube: Filed an amicus brief to the U.S. Court of Appeals for the Second Circuit on behalf of a group of legal and economics scholars from Yale, Columbia, the Wharton School at University of Pennsylvania, and the University of Texas in this Digital Millennium Copyright Act case.

First Amendment Litigation

Representing and advising advertising companies in connection with cases pending in the California Court of Appeal and Ninth Circuit concerning government regulation of commercial speech, including fees, taxes, and other speech restrictions.

Representing and advising clients in a wide range of matters concerning free speech protection, including defamation, public access to court records, anti-SLAPP motions and appeals, legislative challenges, and public access to court records.

Immigration

As part of the Ninth Circuit Court of Appeals Pro Bono Program, representing a client found removable under the immigration laws.

Initiative Challenges

Representing and advising clients regarding challenges to initiatives, including California’s Proposition 8, state and local tax initiatives and supermajority requirements, and the constitutionality of California’s initiative process.

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