Our Team

The Appellate Group is headed by Andrew G. McBride-former law clerk to Supreme Court Justice Sandra Day O'Connor and Judge Robert H. Bork of the U.S. Court of Appeals for the D.C. Circuit-and Helgi C. Walker-former law clerk to Supreme Court Justice Clarence Thomas and Judge J. Harvie Wilkinson III of the U.S. Court of Appeals for the Fourth Circuit. 

Mr. McBride regularly is recognized as a "Leading Lawyer" in Chambers USA for his "wealth of trial, appellate and Supreme Court experience."  The Legal 500 US commends him for "leading many of the firm's high-stakes representations in trial, appellate and Supreme Court cases," and notes that clients praise him as a litigator who is "precise and effective" and who "matches understanding of the regulatory with a tenacity in federal court."

Ms. Walker was recently named American Lawyers' "Litigator of the Week" for her role in securing a "blockbuster appellate decision" in favor of her client in a historic challenge to the Federal Communication Commission's (FCC) first major attempt to regulate the Internet, and as one of thirty-three of "Washington's Most Influential Women Lawyers" by The National Journal for work placing her "among the elite of the Washington bar." She has been hailed by clients in the Legal 500 US as "the best of the best" and "an absolutely fantastic appellate lawyer" who is "hard to beat."

At the core of Wiley Rein's appellate capabilities is a deep bench of appellate experts and former judicial clerks.  In addition to firm founder and name partner, Bert W. Rein, who served as a law clerk to Justice John M. Harlan (1966-1967) and who provides guidance and expertise to the group, our litigators include more than 50 attorneys who have served as clerks in federal and state courts across the country and former U.S. Supreme Court clerks, among them:

• John E. Barry (Chief Justice Warren E. Burger (retired) and Justice Anthony M. Kennedy (1991-1992), and Chief Judge Levin H. Campbell, Chief Judge of the U.S. Court of Appeals for the First Circuit (1985-1986));
• William S. Consovoy (Justice Clarence Thomas (2008-2009) and Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit (2003-2004));
• Claire J. Evans (Justice Clarence Thomas (2008-2009), Chief Judge David B. Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit (2007-2008), and Judge Michael Chertoff of the U.S. Court of Appeals for the Third Circuit (2004-2005); and
• Numerous other lawyers who have clerked on the federal Courts of Appeal across the country, including associates who have recently served as law clerks on the District of Columbia, Fourth, Fifth, Sixth, Ninth and Tenth circuits.

Representative Experience

In keeping with the firm's interdisciplinary approach, our appellate counsel partner with recognized subject matter experts in nearly two dozen areas of law and across industries to provide briefing and oral argument in every appellate setting, including at the U.S. Supreme Court and in every federal circuit, as well as numerous state supreme courts.  The Legal 500 US notes that Wiley Rein's "fusion of a highly rated regulatory group with a contingency of litigation expertise" is a strategy that "manifests itself in the flexibility of its lawyers and the firm's prolific record of success in contentious matters." 

The firm's "tendency to complement a strong suit in commercial litigation with experience across a wide array of more esoteric cases" (Legal 500 US) is reflected in the sampling of recent Supreme Court and other significant appellate cases below.

U.S. Supreme Court Matters

• Wyeth v. Levine, successfully petitioned the Supreme Court for a writ of certiorari, arguing that FDA approval of prescription drug labeling preempts state-law claims that would require different warnings.
• Research in Motion Ltd. v. NTP, Inc., represented respondent in successful opposition to certiorari in high-profile patent infringement matter.
• District of Columbia v. Heller, represented retired military officers as amicus (in support of the successful respondent) in landmark case dealing with the Second Amendment right to possess a firearm for private use.
• Rumsfeld v. Forum for Academic and Institutional Rights, represented law professors and law students (amici) in support of petitioners in Supreme Court's favorable, unanimous ruling that the Solomon Amendment is constitutional.
• Free Enterprise Fund v. PCAOB, represented Washington Legal Foundation as amicus in the successful Supreme Court challenge to the Sarbanes-Oxley's Public Company Accounting Oversight Board (PCAOB) as unconstitutional under separation of powers doctrine.
• VFJ Ventures, Inc. v. Surtees, filed an amicus curiae brief in support of the petitioner on behalf of the U.S. Chamber of Commerce, the world's largest business federation.
• Northwest Austin Municipal Utility District Number One v. Holder, represented amicus in successful support of the utility district in case examining the constitutionality of part of the Voting Rights Act.
• LaRue v. DeWolff, Boberg & Associates, Inc., provided representation in a case in which the Supreme Court held that an employee can sue his employer for alleged mismanagement of his 401(k) pension plan.
• FEC v. Colorado Republican Federal Campaign Committee, represented Colorado political party in an expansive First Amendment challenge to FEC regulation of coordinated campaign expenditures.
• Parents Involved in Community Schools v. Seattle School District No. 1, represented amicus in support of petitioners, with whom the Supreme Court ruled in favor in this matter involving racial integration in the U.S. public school system.
• FDA v. Brown & Williamson Tobacco Corp., represented defendant in successful challenge to FDA jurisdiction over tobacco products under the Food, Drug and Cosmetic Act.
• Winter v. Natural Resources Defense Council, Inc., obtained favorable Supreme Court ruling in representation of amicus in matter concerning the Navy's use of "mid-frequency active" sonar during integrated training exercises in the waters off southern California.
• United States v. Weatherhead, represented Freedom of Information Act petitioner in Supreme Court case that resulted in government disclosure of the document at issue and substantial award of attorney's fees.
• Riley v. Kennedy, represented amicus (the Project on Fair Representation) in support of state appellant in a state election law matter, with the Supreme Court ruling in favor of the appellant.
• Crawford v. Marion County Election Board, represented amicus in support of state respondents in favorable ruling on matter involving photo I.D. requirements for voting.
• Bush v. Vera, represented private plaintiffs in successful constitutional challenge to Texas congressional redistricting plan.
• ALS Scan, Incorporated v. Digital Service Consultants, Inc., represented respondent in successfully opposing petition for certiorari in technology-copyright matter.
• Warner-Lambert Company LLC v. Kent, represented amicus in successfully obtaining a writ of certiorari in suit involving Warner-Lambert's diabetes drug.
• Buckman Co. v. Plaintiffs' Legal Committee, filed amicus curiae brief on behalf of the Pharmaceutical Research and Manufacturers Association in successful effort to establish that state law "fraud on the FDA" claims are preempted by federal law.
• Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., represented amicus in support of petitioner, obtaining a favorable ruling from the Supreme Court in this noted patent law case.
• Dickerson v. United States, filed amicus curiae brief on behalf of former Attorneys General of the United States in a case addressing constitutional status of Miranda warnings.

Federal Appellate Courts

• Comcast v. FCC, successfully represented Comcast in challenging the FCC order that Comcast's broadband network management practices (relating to peer-to-peer file sharing traffic) violated the principles of the FCC's Internet Policy Statement.
• Comcast v. FCC, represented Comcast in reversing and vacating the FCC's ownership cap for cable operators, which limited them to serving only 30% of the nation's multi-channel video subscribers.
• Coors Brewing Co. v. Mendez-Torres, obtained unanimous reversal of a Puerto Rico federal district court's dismissal of client Coors' challenge to the Commonwealth's beer tax scheme, allowing for the first federal court review of the constitutionality of the beer tax scheme in its 30-year history.
• ACLU v. NSA, represented amicus, the Foundation for the Defense of Democracies, in support of appellants' successful challenge to an Eastern District of Michigan decision regarding the Terrorist Surveillance Program (TSP).
• Natural Resources Defense Council v. EPA, provided representation in matter challenging the EPA's 2007 rule governing ongoing usage of the insecticide methyl bromide.
• (Multiple cases), in four separate appeals, the Courts of Appeals of Colorado, Wisconsin, the District of Columbia and the U.S. Court of Appeals for the Sixth Circuit upheld rulings by lower courts dismissing class action lawsuits brought against client Molson Coors alleging that alcoholic beverage industry's advertisements were to blame for underage drinking.
• Public Citizen v. U.S. Dist. Court for Dist. of Columbia, represented amicus in support of appellee in case regarding whether the Deficit Reduction Act of 2005 satisfied the Bicameralism Clause; the court ruled in favor of the appellee.
• Medical Center Pharmacy v. Gonzales, provided representation in a case dealing with the U.S. Food and Drug Administration's (FDA) authority to regulate compounded drug products.
• Teva Pharmaceutical Industries Ltd. v. Crawford, argued on behalf of appellee Pfizer, with the court affirming summary judgment in favor of Pfizer in this FDA-related case.
• Winter v. Bassett, successfully represented client in removing an unfair business practices lawsuit to federal court and then securing dismissal of the suit on preemption grounds.
• Turicentro, S.A. v. American Airlines Inc., argued on behalf of appellee the International Air Transport Association (IATA), with the court ruling in favor of IATA, affirming grant of summary judgment.
• Washington Legal Foundation v. Henney, argued on behalf of appellee, succeeding in forcing the FDA to alter its position on key First Amendment issues.
• Representing Clear Channel and CBS in pending Third Circuit challenge to the FCC's most recent media ownership decision, Prometheus Radio Project v. FCC.

State Appellate Courts

• Pfizer, Inc. v. Galfano, represented U.S. Chamber of Commerce as amici on behalf of petitioner Pfizer in successful appeal of a lower court order certifying a high-profile class action filed by plaintiff.

Additional information on our appellate work for the Communications and Insurance industries is available via the following links.

Communications Appellate

Insurance Appellate

Contact Us
Andrew G. McBride
202.719.7135 | amcbride@wileyrein.com

Helgi C. Walker
202.719.7349 | hwalker@wileyrein.com