Appellate Hot List 2019: Hunton Andrews Kurth
Elbert Lin discusses the firm's top U.S. Court of Appeals win.
October 25, 2019 at 02:30 PM
2 minute read
Tell us about your top U.S. Supreme Court or federal appeals court victory over the past year and how you and your team achieved the win.
Our appellate team is particularly proud of our First Amendment victory in the Fourth Circuit in In re Murphy-Brown, in which we overturned a sweeping gag order on an expedited petition for writ of mandamus. But we would be remiss if we did not mention the grant of certiorari from the Supreme Court in County of Maui v. Hawai'i Wildlife Fund, a Clean Water Act case set for argument this fall. Our successful petition exemplified the formula we try to bring to every appeal—deep subject-matter expertise filtered through a practiced understanding of how generalist appellate jurists decide cases.
How did your firm approach appellate success over the past year?
Every successful appeal boils down to making the complex simple. We have a couple dozen pages and sometimes a few minutes of speaking time. Knowing what need not be said can be as important as knowing what must be said.
What is the most satisfying element of appellate practice in your opinion?
Oral argument is the most fun part of appellate practice, but there is nothing more satisfying than a well-crafted reply brief. In the relatively staid appellate world, a great reply is the closest we come to a mic drop.
What's the most valuable lesson you learned as a young lawyer?
Find your own voice. There are important ground rules for appellate practice—write simply, stop talking when asked a question, know the record. But there's no single correct style of advocacy, and it's more effective to stay true to yourself.
Submitted by Elbert Lin, partner, co-chair of issues and appeals at Hunton Andrews Kurth.
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