Issues & Appeals

Smith Anderson’s Issues & Appeals practice offers comprehensive strategic, solutions-focused advice to companies across all stages of dispute resolution, from pre-litigation counseling through appeals. What sets our team apart is our proactive approach: we aim to problem-solve first and litigate second. Our attorneys’ goal isn’t just to triage conflict, it’s to prevent it.

Involving skilled litigators early can make all the difference in identifying and addressing potential issues before they escalate into full-blown disputes. By involving seasoned litigators in the early stages of business operations, we can help clients navigate common pitfalls in complex areas like data privacy, class action complexities, consumer-protection laws, technology transactions, intellectual property, employment law, and other business-to-business contract disputes. Our team, including supporting associates drawn largely from prior clerkship experience, work closely with Smith Anderson’s knowledgeable subject-matter attorneys to provide practical guidance on risk mitigation strategies that go beyond dispute resolution—addressing issues before they escalate into costly litigation. This includes ensuring compliance in highly regulated industries like technology, banking, finance and healthcare.

Being proactive is about more than just avoiding lawsuits—it is about safeguarding the long-term health and reputation of your business. We help clients stay ahead of investigative and regulatory challenges, routinely reviewing and updating policies, contracts, online terms, and other legal documentation to improve corporate hygiene and ensure alignment with evolving industry standards and legal requirements.

If disputes are unavoidable, our litigators leverage nationwide experience and cross-practice skills to proactively protect our clients’ reputations and business interests. On the appellate side, the firm has experience with the United States Supreme Court, every federal court of appeals, and the highest appellate courts in multiple states. And our group consists of numerous former judicial clerks, including a former United States Supreme Court clerk.

Services

• Business to business disputes
• Data privacy
• Class action
• Investigations
• Regulatory/Agency counseling
• Pre-litigation and risk mitigation counseling
• Preparing appellate briefs and records on appeal
• Presenting oral arguments before appellate courts
• Consultation on appellate issues
• Consultation at the trial level to preserve appellate issues, including preparing and objecting to jury instructions