Preservation of Issues for Appellate Review at the Federal Level (Presented by the Federal Bar Association’s Richmond Chapter)

Peter S. Askin, Partner | ThompsonMcMullan, P.C

Peter S. Askin is a partner at ThompsonMcMullan, P.C. in Richmond, Virginia, where his practice focuses on appellate and trial civil litigation in both state and federal courts. He has extensive experience handling appeals and has briefed and orally argued multiple cases before the Court of Appeals of Virginia, the Supreme Court of Virginia, and the United States Court of Appeals for the Fourth Circuit. Prior to entering private practice, Peter served in prestigious judicial clerkships at both the Supreme Court of Virginia and the United States District Court for the Eastern District of Virginia.

• Education & Credentials

Peter’s legal experience includes serving as a law clerk for the Honorable Chief Justice S. Bernard Goodwyn at the Supreme Court of Virginia and for the Honorable Elizabeth W. Hanes at the United States District Court for the Eastern District of Virginia. These clerkships provided him with significant exposure to appellate and federal trial court practice, helping shape his work in civil litigation and appeals.

• Recognition & Leadership

As a partner at ThompsonMcMullan, P.C., Peter has established a practice focused on sophisticated appellate and trial litigation matters. His experience briefing and orally arguing appeals before Virginia’s highest courts and the United States Court of Appeals for the Fourth Circuit reflects his substantial involvement in high-level appellate advocacy and complex civil litigation.

• Professional Involvement

Peter regularly practices in both state and federal courts, representing clients in appellate and trial civil litigation matters. His work includes handling appeals before the Court of Appeals of Virginia, the Supreme Court of Virginia, and the Fourth Circuit, demonstrating his active involvement in appellate advocacy and litigation practice across multiple jurisdictions.

• Experience

Peter’s experience includes representing clients in appellate and trial civil litigation matters in state and federal courts. He has briefed and argued numerous appeals before Virginia appellate courts and the U.S. Court of Appeals for the Fourth Circuit. Prior to joining private practice, he served as a judicial law clerk for Chief Justice S. Bernard Goodwyn of the Supreme Court of Virginia and Judge Elizabeth W. Hanes of the United States District Court for the Eastern District of Virginia, gaining valuable insight into appellate and federal court proceedings.

John P. O’Herron, Partner | ThompsonMcMullan, P.C

John P. O’Herron is a partner and member of the Executive Committee at ThompsonMcMullan, P.C. in Richmond, Virginia, where his practice focuses on appellate litigation, including amicus briefing and motions practice in both state and federal courts. He is actively involved in Virginia’s appellate legal community through leadership and committee roles related to appellate practice and mediation. In addition to representing clients in appellate matters, John provides updates and insights on appellate developments through richmondappeals.com. Before joining the firm, he served as a law clerk to the Honorable Chief Justice Cynthia D. Kinser at the Supreme Court of Virginia.

• Education & Credentials

John’s legal experience includes clerking for the Honorable Chief Justice Cynthia D. Kinser at the Supreme Court of Virginia prior to joining ThompsonMcMullan, P.C. His judicial clerkship provided him with substantial exposure to appellate law and court procedures, which now informs his appellate litigation and motions practice in both state and federal courts.

• Recognition & Leadership

John serves in several leadership roles within the appellate legal community. He is a member of the firm’s Executive Committee at ThompsonMcMullan, P.C. and serves on the Joint ADR Committee Council’s Special Committee to Study Appellate Mediation in Virginia. He is also a member of the Virginia Bar Association’s Appellate Council and holds the position of Virginia State Chair for the Council of Appellate Lawyers. Through richmondappeals.com, he also helps keep clients and practitioners informed on developments in appellate law and practice.

• Professional Involvement

John is actively engaged in appellate law organizations and initiatives throughout Virginia. His involvement includes serving on committees dedicated to appellate mediation and participating in professional organizations focused on appellate advocacy and legal practice. He also contributes to the legal community by sharing appellate updates and insights through richmondappeals.com while maintaining an active appellate and motions practice in state and federal courts.

• Experience

John’s practice focuses on appellate litigation, including amicus briefing and motions practice in both state and federal courts. He represents clients in complex appellate matters and has developed significant experience in appellate advocacy and procedure. Prior to entering private practice, he clerked for Chief Justice Cynthia D. Kinser at the Supreme Court of Virginia, an experience that provided valuable insight into appellate decision-making and judicial processes.

SESSION 1 – Appellate Review and the Purpose of Preservation Principles | 2:00pm – 2:20pm

This session examines Appeals Council jurisdiction, filing deadlines, workload considerations, and procedural requirements for Requests for Review, while explaining how preservation principles impact appellate strategy and practitioners’ ability to effectively pursue administrative and federal court appeals in disability cases.

SESSION 2 – Specific Preservation Rules, Recent Federal Appellate Cases Applying Those Rules | 2:20pm – 2:40pm

This session explores preservation strategies necessary to maintain federal court review, including extension requests, remand procedures, and recent federal appellate decisions interpreting preservation requirements, helping practitioners effectively navigate Appeals Council proceedings and preserve rehearing opportunities following remand from federal court.

SESSION 3 – Appeals Council Briefing Strategies and Policy-Based Arguments | 2:40pm – 3:00pm

This session covers persuasive Appeals Council briefing strategies, including issue selection, policy-based arguments grounded in agency rulings, and drafting effective Statements of Exceptions designed to strengthen advocacy efforts and increase the likelihood of remand, rehearing, or other favorable administrative action.