Appellee Strategies in the Federal Courts of Appeal

Leveraging Appellate Waivers, Cross-Appeals, and Other Proactive Tactics in Civil Appeals

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, July 23, 2013

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance for counsel representing appellees in civil cases before the U.S. Courts of Appeal. The panel will explain how waivers, cross-appeals and other proactive tactics can be used by appellees to gain a strategic advantage.


Counsel for appellees in the Federal Courts of Appeal must take affirmative steps to ensure that the trial court judgment remains intact and that any arguments lost at trial are reviewed on appeal. Waivers and cross-appeals are important strategic tools for appellees to accomplish this objective.

Under the "right for any reason" rule, appellees can affirmatively raise arguments that the trial court rejected or ignored. In some circuits, if the appellee does not raise such issues in the response brief, the issues are considered waived. This is a potential trap for unwary appellate counsel.

Further, counsel to appellees should strategically file cross-appeals to alter the trial court's judgment or seek greater relief than the trial court originally granted. There is also a strategic advantage of being in the position of going second during oral argument.

Listen as our authoritative panel of appellate practitioners explains effective strategies and approaches that appellees should leverage at the U.S. Courts of Appeal to maintain their clients' favorable outcomes in the trial court and potentially obtain even greater relief.



  1. Appellate waivers
  2. Cross-appeals
  3. Other strategic considerations for appellees


The panel will review these and other key questions:

  • How can the appellee frame the issue(s) to his advantage in the appellate brief?
  • How can the appellee use appellant waivers to his advantage?
  • What are the advantages for the appellee of going second during oral argument?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Anne M. Johnson
Anne M. Johnson

Haynes and Boone

She is Co-Chair of the firm's Litigation Section. She is an appellate lawyer who represents clients in complex...  |  Read More

Andrew Tuck
Andrew Tuck

Senior Associate
Alston & Bird

His complex litigation practice focuses on appeals, class actions and antitrust matters. He has represented numerous...  |  Read More

Kyle G.A. Wallace
Kyle G.A. Wallace

Alston & Bird

He has extensive litigation and trial experience, particularly in federal courts. He has served as lead counsel in...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Audio