Welcome to Blank Rome Appellate Insights: Winning on Appeal, a newsletter dedicated to keeping you informed about the latest developments in appellate law. Each issue will provide thought leadership from our appellate litigators, insightful summaries of recent appellate court opinions, detailed analyses of significant cases, and showcase our firm’s appellate achievements.
A Note from the Editors
With the Fourth of July just behind us, we are reminded of the enduring principles that continue to guide our nation and our profession: a commitment to the rule of law, respect for our institutions, and a shared responsibility to pursue justice with integrity.
These principles are at the heart of our work as appellate advocates. The appellate process reflects the strength of a legal system designed to carefully consider, review, and refine the pursuit of fair and just outcomes. It is a discipline grounded in rigorous analysis, principled advocacy, and deep respect for the courts and the litigants we serve.
At Blank Rome, we take pride in approaching each matter with a clear understanding of our clients' goals and a commitment to advancing their interests with precision and purpose, while upholding the integrity of the judicial process. The trust our clients place in us is something we value deeply, and it informs everything we do.
As our Appellate group continues to grow, including the expansion of our administrative law capabilities, we remain focused on delivering thoughtful, strategic advocacy in an increasingly complex regulatory and appellate landscape. We are grateful for the opportunity to do this work alongside our colleagues and clients, and we look forward to continuing to serve you in the months ahead.
Judge Stephen M. Orlofsky and Judge Timothy K. Lewis
Recent Highlight
Judge Stephen M. Orlofsky Wins Edwin P. Rome Pro Bono Achievement Award
The Appellate Litigation practice is proud to recognize that Blank Rome named Judge Stephen Orlofsky as this year’s recipient of the Edwin P. Rome Award, which honors outstanding performance and a demonstrated commitment to pro bono legal service. Having known Steve as both a colleague and a friend, I have long admired the quiet conviction, generosity, and deep sense of duty that he brings to every aspect of his work. Named for one of our firm’s founders, whose own tireless advocacy on behalf of an indigent death row inmate led to that client’s exoneration, the award reflects the highest ideals of our profession: using the privilege of a law license to give back and to make a meaningful difference in the lives of others.
From his military service, through his distinguished tenure on the federal bench, and now in his pro bono work at Blank Rome, Judge Orlofsky has devoted his career to public service. What has always stood out to me, both as a colleague and as a fellow former judge, is the way he pairs exceptional advocacy with a genuine commitment to mentoring and to expanding access to opportunity.
That commitment is evident not only in his professional work, but also in the legacies he has created. He endowed the Charlotte K. Gaal Memorial Endowed Scholarship at Rutgers Law School in honor of his late wife, providing financial assistance to female law students. He established the Harold B. (“Pinky”) Durham Memorial Scholarship at Abraham Baldwin Agricultural College to honor his Officer Candidate School classmate, a Medal of Honor recipient who was killed in Vietnam; that fund supports returning veterans. He also endowed the New Jersey Innocence Project at Rutgers and created the Stephen M. Orlofsky Endowed Appellate Advocacy Fund at Rutgers Law School, furthering access to justice and strengthening the pipeline for appellate advocacy.
Those same values are reflected in his pro bono work. Judge Orlofsky has trained and inspired generations of associates handling federal court appointments in civil rights matters, while personally providing skilled representation to individuals who would otherwise go unrepresented. His longstanding leadership, including service on the board of Legal Services of New Jersey, underscores the consistency of his dedication.
Among his most impactful efforts, his work securing safety and citizenship for Iraqi interpreters and their families stands out. These cases demanded persistence over years and navigation of extraordinary legal and logistical challenges, ultimately resulting in safety and citizenship in the United States for individuals whose lives were at grave risk because of their support for U.S. forces.
It is this rare combination of steadfast advocacy, humility, mentorship, and generosity—both in his legal practice and his personal commitments—that makes Judge Orlofsky so deserving of this recognition. I am proud to call him a colleague and friend and grateful to work alongside him. On behalf of the Appellate Litigation team, congratulations, Swim Buddy, we are honored to celebrate this well-deserved recognition.
Judge Timothy K. Lewis
Featured Article and Client Success
Erasing History? Third Circuit Reverses Injunction Protecting the President's House Exhibit
Judge Timothy K. Lewis and associate Therese L. Gildea authored and filed a historic amicus brief in the Third Circuit on behalf of The African Methodist Episcopal Church and Dr. Erica Armstrong Dunbar. The underlying case involved Executive Order 14253 pursuant to which the National Park Service attempted to remove a six-panel exhibit from the President’s House in Philadelphia. Read more >>
California Court of Appeal Affirms Anti-SLAPP Victory, Protecting Prelitigation Communications Under the Litigation Privilege
Our Appellate Practice Group recently secured a victory when the California Court of Appeal affirmed a trial court’s order granting our clients’ special motion to strike under California’s anti-SLAPP statute. The appeals arose from a healthcare billing dispute in which the opposing party filed a cross-complaint for defamation, intentional interference with prospective economic advantage, and unfair business practices based on our clients’ alleged prelitigation communications with third-parties. The trial court struck the cross-complaint in its entirety and awarded our clients over $45,000 in attorneys’ fees and costs.
In its June 18, 2026 opinion, the Court of Appeal applied California’s two-step anti-SLAPP framework and held that the cross-complaint arose from protected activity. On the second step, the Court held that the litigation privilege barred all of the opposing party’s causes of action because the challenged communications were made in anticipation of litigation contemplated in good faith and under serious consideration, and were directed to nonparties with a substantial interest in the proceeding. The Court also dismissed the appeal from the attorneys’ fees order as non-appealable, reaffirming that California’s anti-SLAPP statute does not confer immediate appellate jurisdiction over fee awards.
This decision reinforces that prelitigation communications to third parties are protected under the anti-SLAPP statute and the litigation privilege when they relate to substantive issues in contemplated litigation and are directed to persons with a legitimate connection to the dispute. The team on this matter was led by Arash Beral, Saam Takaloo, and Ryan F. Coy.
In Case You Missed It...
Kalshi Stays Free of New Jersey Regs with Appeals Court Win
Blank Rome partner Dennis M.P. Ehling was quoted in a Bloomberg Law article on Kalshi’s argument that federal law bars New Jersey gaming officials from regulating its sports prediction markets. Read more >>
© 2026 Blank Rome LLP. All rights reserved. Please contact Blank Rome for permission to reprint. Notice: The purpose of this update is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. This update should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.