Amicus Briefs and Strategy

HWG represents clients before state and federal legislatures and administrative agencies where policies are made. But the practical import of those policies is often refined—or even largely determined—by state and federal courts, and particularly the appellate courts.

Organizations increasingly recognize the importance of having their say on appeal even when they are not parties. Key cases—particularly in fast-moving areas of law like the regulation of privacy and emerging technologies—can have a profound impact on the interests of non-parties.

We work with clients to ensure that their views are represented in state and federal appellate courts, the Supreme Court, and even the district courts in cutting-edge cases. Our lawyers are experienced in ensuring that amicus briefs do not merely repeat the parties’ arguments, but provide appellate courts helpful, additional factual information and non-duplicative perspectives on the legal issues before the court.

Representative Matters 

• Crafting an amicus strategy and preparing a series of Supreme Court and Federal Circuit briefs in patent law cases for a large technology firm.
• Filing amicus briefs in district courts in support of municipal ordinances intended to speed broadband build-out by making pole attachment faster and less expensive.
• Filing amicus briefs in the Supreme Court defending the Affordable Care Act cases and the same-sex marriage case.
• Filing bankruptcy amicus briefs at the certiorari stage encouraging the Supreme Court to address the “equitable mootness” doctrine.
• Filing an amicus brief in the Supreme Court on behalf of law professors challenging state bans on same-sex marriage under the Due Process Clause of the Fourteenth Amendment.

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