Appellate Hot List 2019: Ropes & Gray
Douglas Hallward-Driemeier discusses the firm's top U.S. Supreme Court 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.
In NextEra v. Elliott Associates, we successfully defended an order eliminating a $275 million break-up fee provision the bankruptcy court had approved a year earlier. To overcome NextEra's complaint that the [Supreme] Court rewrote the deal after the fact, we showed how extraordinary the provision was—allowing NextEra to waste estate assets in order to extract the break-up fee. The decision establishes the Third Circuit standard for break-up fees as administrative expenses in bankruptcy. To defeat petitions for rehearing and certiorari, however, we had to rebut arguments that the panel decision would subject all break-up fees in bankruptcy to post hoc revision.
How did your firm approach appellate success over the past year?
Close collaboration between appellate litigators and substantive experts gives us the edge. At trial, we have an eye toward appeal; on appeal, we demystify intricacies of bankruptcy, transactions, patents, or health care regulation by working closely with specialists.
What is the most satisfying element of appellate practice in your opinion?
The broad range of cases, from [Racketeer Influenced and Corrupt Organizations Act] class actions to restructurings, and False Claims Act cases to constitutional litigation, makes appellate work incredibly varied and fulfilling.
What's the most valuable lesson you learned as a young lawyer?
Two related early lessons rank highest: attention to detail and perseverance.
Submitted by Douglas Hallward-Driemeier, a partner at Ropes & Gray.
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