The last gasp of opportunity for the appellant's counsel during oral argument is the Rebuttal after the respondent's counsel has rested. At this point there is usually a sliver of time to clear- up any confusion that may exist on the part of the panel and also to highlight the most basic and fundamental part of your original presentation.
Our panelists, both partners at Morrison Cohen LLP, offer some strategic insights into the world of the Rebuttal argument. David Saxe served as an Associate Justice of the Appellate Division, First Department for 19 years before joining Morrison Cohen LLP. Danielle C Lesser heads the Business Litigation Practice Group at Morrison Cohen LLP.