Issues & Appeals

Smith Anderson’s Issues & Appeals practice offers comprehensive strategic, solutions-focused advice to institutional clients 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 subject-matter experts 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

• Financial Services – Regulatory Compliance and Dispute Resolution. The firm served as counsel for a major financial services institution in navigating complex regulatory challenges and disputes with state and federal agencies. Smith Anderson’s attorneys advised the client on compliance with evolving financial regulations and defended the company in litigation regarding alleged violations of consumer protection laws.
• Healthcare Industry – Employment Law and Compliance for a Healthcare Provider. Smith Anderson represented a large regional healthcare provider in an employment dispute involving allegations of discrimination and wrongful termination. The firm successfully defended the healthcare provider in court, ensuring minimal disruption to its operations and maintaining its reputation as an employer of choice in the industry.
• Class Action Defense. Smith Anderson defended a Fortune 500 consumer goods company in a class action lawsuit alleging deceptive marketing practices and violations of consumer protection laws. The team leveraged its extensive litigation experience to secure a dismissal of the class claims, effectively protecting the company’s brand and financial interests.
• Contract Dispute Between B2B Partners. The firm assisted a mid-sized manufacturing company in resolving a complex business-to-business (B2B) contract dispute with a key supplier. Smith Anderson’s attorneys helped navigate the breach of contract claims and negotiated a settlement that allowed the client to continue its operations without disruption.
• Data Privacy and Cybersecurity Litigation. Smith Anderson represented a tech company in a data privacy lawsuit filed by a former employee who claimed the company mishandled sensitive personal data. The firm’s attorneys successfully defended the company by demonstrating its adherence to data protection regulations, mitigating potential reputational damage and avoiding large-scale penalties.
• Intellectual Property Protection for a Start-Up. Smith Anderson represented a rapidly growing start-up in the technology sector in a high-stakes intellectual property dispute. The case involved patent infringement claims and the firm successfully negotiated a favorable settlement, protecting the start-up’s innovative technologies and preventing a costly lawsuit that could have harmed their growth trajectory.
• Environmental Compliance and Litigation for an Energy Corporation. Smith Anderson advised a Fortune 500 energy corporation on environmental compliance, specifically regarding new state regulations. The firm assisted with internal policy adjustments and represented the company in litigation over alleged environmental violations, securing a favorable outcome and protecting the client’s operational continuity.
• Antitrust and Competition Law. The firm defended a major telecommunications provider in an antitrust investigation initiated by federal regulators regarding pricing practices and market competition. Smith Anderson’s litigation team successfully negotiated a resolution that avoided a lengthy and costly trial, helping the client preserve its competitive edge while ensuring compliance with antitrust regulations.