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Principles of Appellate Litigation: A Guide to Modern Practice

Author(s): Mark D. Harris
Practice Area: Appeals, Appellate advocacy, Appellate procedure, Litigation, Practice skills (Litigation), Trial
Date: May 2021 i Other versions can be found in the Related Items tab.
ISBN: 9781402437717
PLI Item #: 317394

Principles of Appellate Litigation is your guide to appellate litigation as it is practiced today. This treatise covers all aspects of appellate practice, from issue preservation at trial to Supreme Court review, helping readers to:

  • Plan an approach for handling an appeal from start to finish
  • Learn specific techniques and strategies for improving their written and oral advocacy
  • Answer common procedural and technical questions.

For generalist litigators and inexperienced appellate lawyers, this book provides an invaluable introduction to modern appellate practice. For the experienced attorney looking to take his or her skills to the next level, leading appellate advocate Mark Harris and a team of expert litigators offer hard-won insights into doctrine, strategy, and technique.

Written in the engaging, thoughtful, and thorough style one would expect from top appellate advocates, the book also includes practice tips, checklists, and excerpts from actual briefs analyzing the strategic choices of the authors as well as the mechanics of their written advocacy.

Mark Harris is a partner at Proskauer Rose LLP and co-head of its Appellate Practice Group, which was named to the National Law Journal’s 2020 Appellate Hot List. He is also a member of Proskauer’s White-Collar Defense & Investigations and Securities Litigation Groups, concentrating his practice in the areas of white-collar criminal defense and related litigation, and representing both institutional and individual clients in government investigations and prosecutions.

Mark is a former clerk to U.S. Supreme Court Justices John Paul Stevens and Lewis Powell, Jr., and to Judge Joel Flaum of the U.S. Court of Appeals for the Seventh Circuit. Mark served as an Assistant U.S. Attorney for the Southern District of New York, prosecuting a broad spectrum of federal crimes, including health-care fraud, financial fraud, and corporate embezzlement, and trying a number of jury trials and arguing appeals before the Second Circuit.

He is the editor of PLI’s treatise Principles of Appellate Advocacy: A Guide to Modern Practice, a comprehensive guide to appellate law and strategy.

Mark has handled dozens of cases in the U.S. Supreme Court and other appellate courts in areas spanning criminal law, bankruptcy, copyright, labor relations, employment law, and administrative law. In some of his major cases, he has successfully represented the Financial Oversight and Management Board of Puerto Rico before the First Circuit in more than two dozen appeals arising out of Puerto Rico’s bankruptcy; he successfully represented Nextel Communications before the Second Circuit, which vacated the certification of a class of hundreds of former employees who had brought fiduciary and other claims against the company; he represented Biosig Instruments before the U.S. Supreme Court and the Federal Circuit, for which the American Lawyer named him its Litigator of the Week; and he argued a major Establishment Clause case in the Second Circuit.

Since 1996, Mark has been a member of the Board of Editors of the Federal Sentencing Reporter and a frequent contributor. He has lectured on both criminal law and appellate practice before the International Bar Association, the National Association of Criminal Defense Lawyers, PLI, and the ABA Sections of Litigation, Criminal Law, and Employment and Labor Law, and has been interviewed by Bloomberg Radio, the National Law Journal, WINS AM-1010, Law360, Legal Times, and other news organizations. He also serves on the Board of Trustees of the National Museum of Mathematics.