Supreme Court & Appellate: Labor and Employment

Our lawyers assist with everything from wage and hour class actions and discrimination cases, to arbitrations involving key talent, to complex labor controversies. The practice holds deep knowledge and experience in a range of other workplace challenges, including Employee Retirement Income Security Act (ERISA) and employee benefits, background checks, executive agreements and disputes, workplace safety and health, international labor and employment and whistleblower matters.

We are well equipped to blend that broad array of employment experience with a nationally acclaimed appellate practice. Corporate Counsel recently ranked it one of the top three appellate practices nationwide, and The National Law Journal has made the firm a mainstay on its annual “Appellate Hot List.” Listed by Chambers and Legal 500 as a leader in the field, our appellate practice was also recognized nationally in Tier 1 in the U.S. News & World Report and Best Lawyers’ sixth annual joint ranking of America’s Best Law Firms.

Our lawyers regularly lead appeals in state supreme courts, federal courts of appeals and the U.S. Supreme Court on cutting-edge issues that employers face today—often in closely watched, precedent-setting cases.

The firm’s integration of labor and employment know-how and top-flight appellate advocacy skills ensures that all applicable arguments and appropriate records are developed, and that our clients are positioned to succeed at every stage of litigation. Our deep, broad and high-quality experience in the most pressing employment law issues, along with our knowledge of the intricacies of appellate and Supreme Court advocacy, leads clients from around the country to engage us on the most complex, critical matters.

Our Team

Leading our Supreme Court and appellate practice is Pratik Shah. Mr. Shah has argued 18 cases before the U.S. Supreme Court and has filed over 150 merits or certiorari-stage briefs in that Court. Major publications rank him among the country’s top appellate litigators, and he has been elected into the American Academy of Appellate Lawyers. Washington Business Journal noted Mr. Shah has practiced “before the highest court in the land on some of the most groundbreaking cases of the 21st century,” while clients described him to Chambers USA as “incredibly intelligent, with a total command of appellate issues.”

Among others in Akin’s appellate practice (which comprises former law clerks from the U.S. Supreme Court and the federal courts of appeals), partner James Tysse brings a wealth of knowledge and insight to a wide range of labor and employment litigation, including successful arguments on behalf of Starbucks, Caesars Entertainment Corporation and Rand Construction. In addition to leading appeal teams, Mr. Tysse often works with trial teams to develop high-stakes litigation strategy, as well as to brief and argue dispositive motions, with an eye toward appeal.

The appellate team works closely with Akin’s seasoned labor and employment litigators—including Dan Nash, and Bob Lian—who bring ample appellate experience of their own.