Elliot H Scherker

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Appellate

Greenberg Traurig has been at the center of some of the most important cases in recent times, including serving as counsel to Lorillard Tobacco in the United States in the landmark appeal which led to the reversal of the $145 billion award, and writing the amicus brief cited extensively in the Supreme Court’s decision in the University of Michigan affirmative action cases. We have served as counsel of record or lead counsel in hundreds of cases in both federal and state courts, obtaining precedent-setting decisions in commercial and other contexts.

Members of our practice handle appeals in opposition to U.S. government regulatory agencies in wide-ranging matters, with a focus on science, technology and health care issues and constitutional law. Our experience includes serving as lead counsel in precedent-setting cases arising under the federal and Florida Administrative Procedure Acts, the Information Quality Act and other state and federal statutes. We also provide statutory interpretation of real estate, zoning and land use laws in representation of governmental entities.

Our attorneys have counseled industry associations and companies that have a strategic interest in utilizing the appellate courts to shape or reconfigure the law. We also have an active U.S. Supreme Court Practice, including the formation and representation of amicus curiae groups.

Experienced Appellate Lawyers Across the United States
* Our practice includes a former Florida Supreme Court Chief Justice and a former Associate Justice of the Appellate Division of New York
* Several of our attorneys have prior experience as chief litigation counsel for federal regulatory agencies and the U.S. Department of Justice
* Many of our attorneys have served as counsel of record in cases argued before the U.S. Supreme Court

U.S. Supreme Court and Amicus Practice
* Filing and defense of petitions for certiorari, filing of briefs amicus curiae and participation on behalf of a party after certiorari has been granted
* Wide-ranging experience in bringing cases to the U.S. Supreme Court involving commercial interests or federal regulatory matters that are of significant concern to the business, local government and non-profit communities

Appellate Strategy In Federal And State Courts
* Evaluation of the record, the possible appellate forums and the legal issues
* Appellate attorneys who work closely with in-house and trial counsel
* Crafting of briefs, using theme development and advocacy in plain language
* Preparation for arguments, including mock arguments

Counseling In Pre-Trial Proceedings And In Trial
* Partnering with the GT appellate team – to assist in formulating and managing the record, and in co-counseling on major legal issues that arise in the course of trial – can result in cost savings and legal benefits to clients
* Timely consultation and advice on pleadings, discovery, issues and motion practice for record development and presentation with an eye toward appeal
* Enhancing the development and implementation of legal theories through ongoing consultation with trial counsel by appellate attorneys with knowledge of and experience in virtually all substantive and procedural matters
* Ongoing consultation during trial
* Assistance with post-trial motions, such as new trial, judgment notwithstanding the verdict and supplementation of the record
* Interlocutory appeals
* Extraordinary writs

Appellate Practice Certified Attorney - Florida Bar

Elliot H Scherker
Greenberg Traurig PA
1221 Brickell Ave
Miami FL 33131-3224
Tel: 305 579-0500
Fax: 305 579-0717
E-mail: scherkere@gtlaw.com

Areas of Concentration
* Appellate practice
* Constitutional litigation
* Environmental and land use litigation
* White collar criminal defense
* Bankruptcy appeals
* Litigation trial support
* Securities litigation

Experience
* Appellate
* Government Litigation

With more than 30 years of experience as an appellate lawyer, and more than 2000 appeals in state and federal courts, Elliot brings a practical client-centered approach to his work. Elliot's practice covers a wide range of substantive areas of the law, which enables him effectively to counsel his clients on their legal rights and the structuring of their transactions.