Appellate Litigation

Hecker Fink has substantial experience representing clients at every stage of an appeal in both state and federal courts—including at the U.S. Supreme Court. The firm’s appellate strength is reflected in its deep bench of appellate talent, including Of Counsel Jeffrey Fisher (who has argued fifty cases before the U.S. Supreme Court), Partner Joshua Matz (who has been recognized by Chambers, Law360, and Business Insider for his appellate prowess), Partner Michael Ferrara (who previously served as Deputy Chief of the Appeals Unit in the U.S. Attorney’s Office for the Southern District of New York), and Partner Trisha Anderson (who previously served as the Principal Deputy Assistant Attorney General in the Office of Legal Counsel at the Department of Justice). Many other lawyers at the firm have successfully litigated high-stakes appeals. In recent years, the firm has also been included in The National Law Journal’s “Appellate Hot List.”

The firm’s appellate practice spans every dimension of our work and encompasses commercial, criminal, and public interest matters. Our lawyers advise clients at all stages of civil and criminal litigation on appellate strategy, and our lawyers have extensive experience partnering with trial counsel to identify key issues and maximize the odds of success on appeal. We excel at working closely with clients to convey their stories—and to present their legal arguments—in the clearest and most compelling way possible. Our lawyers approach every matter with a creative, strategic outlook and a client-centric commitment to mastering the issues.

Hecker Fink is fiercely dedicated to success on appeal. The firm is adept at helping clients navigate U.S. Supreme Court proceedings at both the certiorari and merits stages. Our team also has a proven record of success for clients in high-stakes, emergency appellate proceedings. In approaching such matters, we draw on formidable in-house expertise: four of our lawyers clerked at the U.S. Supreme Court and many more have clerked in the U.S. Courts of Appeals. 

Select Supreme Court Representations

• Governors of Pennsylvania and Wisconsin in successfully defending their states’ congressional districting maps in an emergency application posture
• United States Special Counsel Hampton Dellinger in successfully opposing an emergency application by the Justice Department to immediately remove him from office during a dispute over the validity of his purported removal
• The Governor of Kentucky in successfully defending the constitutionality of his COVID-19 public health orders in an emergency application posture
• The City of Philadelphia in a case raising a First Amendment challenge to the City’s non-discrimination requirements for foster care providers
• The Commonwealth of Pennsylvania in successfully defending its certification of election results in an emergency application posture
• The SEIU in successfully opposing a petition of certiorari seeking review of the constitutionality of a state’s access to information law

Select Appellate Representations

• A federal employee in successfully contending that the Civil Service Reform Act did not preclude a discrimination suit against her labor union under Title VII and the ADA (D.C. Circuit)
• A university in successfully defending an order upholding a class action settlement of claims arising under Title IX (First Circuit)
• A victim of race discrimination in successfully reversing a decision that dismissed her claims at the summary judgment stage (First Circuit)
• The Federal Defenders of New York in successfully reinstating their suit challenging attorney access limitations imposed by the Bureau of Prisons (Second Circuit)
• A government and commercial services contractor in successfully defending the dismissal of a substantial majority of False Claims Act allegations related to a $1 billion government contract (Second Circuit)
• A mayoral candidate in successfully staying an order that invalidated provisions of New York election law (Second Circuit)
• A victim of defamation and sexual assault in successfully defending a jury verdict in her favor (Second Circuit)
• An employee in successfully reversing a grant of summary judgment against her claims for sex discrimination, sexual harassment, and retaliation (Fifth Circuit)
• A victim of torture and persecution based on her sexual orientation in challenging an erroneous Board of Immigration Appeals determination (Ninth Circuit)
• An election reform advocacy group in successfully defending the dismissal of a case alleging constitutional and civil RICO claims (Tenth Circuit)
• An incarcerated individual in successfully contending that his religious freedom claims against Colorado officials were not barred by sovereign immunity (Tenth Circuit)
• A leading automotive holding company in successfully reversing the dismissal of an unjust enrichment claim concerning an alleged scheme to siphon tens of millions of dollars that were loaned to entities under the defendant’s control (New York First Department)
• A multinational transportation company in successfully securing expedited interim relief staying an arbitration provider’s allegedly unlawful invoicing practices in connection with a mass arbitration (New York First Department)
• A criminal defendant in a case concerning the scope of a recidivist sentencing provision under New York law (New York Court of Appeals)

Select Supreme Court Amicus Representations

• Former chairs of the Federal Trade Commission in defending the constitutionality of for-cause removal provisions established by Congress
• Experts on public accommodations law in addressing an asserted First Amendment free speech right to violate state civil rights statutes
• A national public interest law center and nonprofit organization in addressing the constitutionality of public carry regulations
• Former federal judges in describing the power of federal courts to grant class-wide injunctive relief in certain immigration cases
• Former national security officials in highlighting the importance of a qualified First Amendment right of access to significant FISC decisions
• Former federal prosecutors in explaining why a U.S. Senator may be required to testify in an investigation into interference with a state election
• Professors in explaining how equal protection principles support the constitutional right to an abortion
• A labor union in explaining why federal courts should defer to the NLRB in assessing the need for interim relief while the agency adjudicates claims of unfair labor practices
• A national nonpartisan and advocacy organization and a criminal defense organization in urging the Supreme Court to address the availability of compassionate release in light of the First Step Act
• Former Solicitors General in demonstrating that Title VII’s plain text prohibits discrimination based on sexual orientation or transgender status
• A U.S. city in opposing a constitutional challenge under the Takings Clause that would undermine local health and safety regimes