About the Course
Introduction
This CLE course will provide practical guidance to appellate attorneys, litigators, and in-house litigation managers on the strategic use of amicus briefs in appellate advocacy. The panel will offer guidance on soliciting and coordinating amicus support, as well as insights and advice on writing amicus briefs and responding to the government when it appears as amicus curiae.
Description
Amicus briefs are playing an increasingly influential role in the U.S. Supreme Court, at both the certiorari and merits stages, and in other federal or state court appeals. A properly prepared and truly persuasive amicus brief can expand, or add valuable perspective to, the parties' legal arguments.
Amici also address the importance and impact of the questions presented to the court. This includes supporting a certiorari petition or other petition for review by explaining why review is important to the amicus curiae, the industry that it represents, and the public. But a "me too" amicus brief that merely replicates a party's legal arguments fails in its mission to serve as a "friend of the court."
Amicus counsel not only must be familiar with procedural requirements governing submission of amicus briefs, but also familiar with the style in which they should be written. And from the viewpoint of a party's counsel, knowing when and how to solicit amicus support, and how to coordinate multiple amici to avoid duplicative or excessive briefs, is crucial.
Listen as our panel of experienced appellate attorneys discusses the tactical use of amicus briefs in appellate advocacy. The panel will offer a wealth of information on both amicus brief strategy and the art of drafting persuasive amicus briefs.
Presented By
Author of Federal Appellate Practice: Ninth Circuit (2015-2016 ed.), a 1,500-page treatise published annually, Mr. Cooper is respected as a leading practitioner before the U.S. Court of Appeals for the Ninth Circuit. In addition, he has represented parties and amici curiae in the U.S. Supreme Court and the Second, Third, Fifth, Tenth, Eleventh, D.C. and Federal Circuits, as well as various state appellate courts. Mr. Cooper is a past chair of the ABA’s Council of Appellate Lawyers and began his legal career as a law clerk to Ninth Circuit Judge (and later Chief Judge) Alex Kozinski.
M.C. Sungaila is the leader of Buchalter’s Appellate practice. Ms. Sungaila is a highly regarded appellate attorney who has briefed and argued appeals raising cutting-edge and fundamental business issues for over two decades. Her work has helped shape undeveloped areas of the law in constitutional law, employment, franchisor liability, product liability, class actions, probate, immigration, Holocaust art recovery, and human rights. She crafts creative approaches to clients’ emerging legal issues and provides pretrial consultations in cases where an appeal by either side appears inevitable.
Chambers USA reports that clients describe her as “a phenomenal writer,” “an excellent strategist,” and a “gifted appellate lawyer who consistently delivers bottom line results.” Clients praise her “great practical sense,” “laser” focus on key issues, “excellence in creative thinking,” “deep local knowledge of the California Supreme Court, as well as other appellate venues,” and her ability to “advise on the business side just as well as she does on the legal side.” She has been recognized for over a decade by the Daily Journal as one of California’s 100 Leading Women Lawyers, and as one of the state’s Top Labor & Employment Lawyers.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, September 25, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Procedural requirements governing amicus briefs in the U.S. Supreme Court and other appellate courts
II. Why, when, and how to solicit and coordinate amicus support
III. Elements of an effective amicus brief
IV. The government as amicus curiae
The panel will review these and other key issues:
- What strategic considerations affect the decisions on whether to solicit and/or file amicus briefs?
- What are the elements of an effective statement of interest?
- What unique considerations should counsel consider at the discretionary review stage versus the merits stage?
- How can appellate attorneys, trial counsel, and in-house counsel most effectively team on preparation of amicus briefs?
- What special issues are involved when the Solicitor General is invited by the U.S. Supreme Court to file an amicus brief on behalf of the United States? When state attorneys general file as amici curiae?
