Friday, September 16, 2016
This is the first edition of a new regular feature here at the Appellate Advocacy Blog: The Weekly Roundup. Each Friday, we’ll post links to some of the best appellate practice content that we’ve come across in the past week. If you see something during the week that you think we should be sure to include, feel free to send Dan a quick email at DReal@Creighton.edu or a message on Twitter (@Daniel_L_Real).
How Not to Argue About Extrinsic Evidence
600 Camp – a blog about commercial litigation before the U.S. Court of Appeals for the Fifth Circuit – had a brief post on September 12 about the Fifth Circuit’s unpublished opinion in SmithGroup JJR, PLLC v. Forrest General Hospital. The brief opinion addressed the importance of preserving at the trial level arguments to be raised on appellate review. The particular issue at hand involved the admission and use of extrinsic evidence in the interpretation of a contract.
Blog Post: 600 Camp Blog Post
Fifth Circuit Opinion: SmithGroup v. Forrest General Hospital Opinion
Hat Tip: @David Coale
The 5 Edits I Make Most Frequently
Mark Herrmann, formerly a partner at a leading international law firm and now responsible for litigation and employment matters at a large international company, authored a post at Above the Law this week recounting common editing moves in the writing of briefs. There is a wealth of good advice there, based on real experience.
Blog Post: Above the Law Blog Post
Hat Tip: Raymond P. Ward
A Worthwhile, Four-Day Appellate CLE Is Coming to Philadelphia
Howard Bashman (featured in this week’s “Twitter Tuesday” has written a great post discussing the annual Appellate Judges Education Institute Summit, an annual four-day program hosted by the judicial division of the ABA and the Southern Methodist Dedman School of Law. In a lot of ways it is like a big CLE over several days, featuring a large group of judges and appellate practitioners. This year’s event is being held in Philadelphia in November. If it fits your schedule, it’s a highly beneficial event to attend and participate in.
Blog Post: Bashman Blog Post
Hat Tip: @howappealing
Combination of Clement/Bancroft firm with Kirkland & Ellis
A big news item this week concerns the breaking news that Paul Clement and the Bancroft firm are going to combine with Kirkland & Ellis. This news was reported and discussed in a variety of places, including an article in the National Law Journal, where another prominent SCOTUS bar practitioner was quoted as calling it “the biggest shake-up in the Supreme Court bar since [Clement] left King & Spalding in 2011.”
Article: National Law Journal Article
Hat Tip: @tessadysart
Twitter Thread About Getting Into Appellate Practice
Jason Steed, who was recently mentioned in our Twitter Tuesday feature and who is an appellate practitioner who blogs and tweets about appellate practice (especially in the 5th Circuit), started a twitter thread and discussion about getting into appellate practice that has some great discussion and thoughts. You can follow Jason’s other posts about appellate practice at @5thCircAppeals.