Important or Memorable Cases Attorney in New York, New York

First U.S. Supreme Court Trial

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So I’ll never forget. It actually changed the way I practice law. It changed the way I prepare for cases of all sort. So the case was a case called Merck v. Integra, which was enormous stakes for the pharmaceutical industry. And I will never forget. So, by that point, I’d argued maybe over 100 appeals, and every single appeal in the days leading up to it and in the morning of, I would get the butterflies in my stomach. You know that feeling that when you thought about the case six hours in advance, your heart would start beating. And I said to myself that that was my edge, that the day that I stopped feeling those butterflies, feeling complacent, not getting the cottonmouth when I’m standing up there, is the day that I’ve lost my edge ’cause it means I don’t care.

So 8:00 AM the morning of the argument – the arguments are at 10:00 – I remember thinking, “Something’s wrong. I’m not feeling nervous. Something’s really wrong.” At 9:15 I was beginning to panic because I was so calm, and I never got the butterflies and I never got the cottonmouth because I was so comfortable. And I started thinking about why that was – my first Supreme Court argument. That should have been the most nerve wracking case of my career, especially with the stakes being so high.

And when I thought back on it, I realized it’s because I was so intensely well-prepared. I mean I had literally scripted several hundred questions that I might get and the one sentence answer, and if I get three sentences, the three sentence answer or the five sentence answer. And I had practiced it so many times – both by myself, talking to myself, and then in moot court sessions – that I knew no one would ask me a question I hadn’t prepared for. And since then I’ve prepared for every case the way I prepared for that Supreme Court case. And since then I’ve never been nervous the morning of an argument.

New York appellate attorney Joshua Rosenkranz of Orrick reflects on the first time he appeared before the U.S. Supreme Court.

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