Appellate Practice

The appellate process potentially can significantly change the outcome of a case and even develop new law that may impact a client’s business for years to come.  Litigants must be prepared both to seek such appellate review (if they do not achieve the result they desire at the trial court level) or to defend the trial court's decision (to protect their favorable results in the lower court).  A case on appeal presents substantially different standards and issues than those presented at the trial level. 

Leveraging our active trial practice, we maintain an active appellate law practice involving issues of significance to our clients and, often, important matters of policy. We have extensive experience in prosecuting and responding to appeals following trial judgments, and are skilled in identifying “mistakes of law” and carefully formulating the issues to provide the client with the best opportunity for success.  We not only prosecute and defend appeals, but we have represented clients appearing as amicus curiae before appellate courts on important issues of public policy that often have industry-wide implications. While we routinely handle appeals on matters that we originally litigated, we also represent clients on appeal for matters handled at the trial court by other counsel. In those matters, we provide a fresh and objective perspective to each case.

Our appellate experience, like our trial and general litigation experience, is broad and varied.  We have advised clients as to the viability of an appeal and strategic considerations on whether and how to pursue appellate review.  We have briefed and argued a wide range of issues for our clients before appellate courts, including jurisdictional and choice of law issues, evidentiary matters, procedural improprieties, mistakes of law, class certification, the enforceability of arbitral awards, and any number of other potential grounds for reversal or affirmance of a trial court's action.  We have briefed and argued motions for reconsideration, Rule 60(b) motions, motions to vacate default judgments, motions to withdraw the reference to bankruptcy court, and taken other steps seeking reversal of the actions of trial courts.  In short, we can provide invaluable support and advice to our clients in connection with all aspects of appellate review of lower court or arbitral proceedings.

We have successfully briefed and argued appeals in courts across the country, including the appellate courts of the State of New York, e.g., New York’s Court of Appeals (the State’s highest appellate court), and in federal appellate courts, including the U.S. Court of Appeals for the Second Circuit (which hears appeals from the U.S. District Courts in New York, Connecticut, and Vermont), Third Circuit, Fifth Circuit, Sixth Circuit and Seventh Circuit, as well as petitions for writ of certiorari to the U.S. Supreme Court.
 

Representative Matters

• Motorola Credit Corp. v. Uzan, et al. (S.D.N.Y.) (N.Y. Court of Appeals) – advised and represented the Central Bank of Jordan in civil fraud suit seeking recovery of multi-billion dollar judgment against members of Turkey’s Uzan family.  The suit stemmed from billions in financing provided to the fugitive Uzans and their company, Telsim, Turkey’s second-largest mobile phone company.  Successfully represented the Central Bank of Jordan in federal court proceedings, as well as on appeal before the New York Court of Appeals regarding New York courts’ powers to seize foreign assets and enforce judgments against international entities and individuals.  
• Richtree Inc. vs. Mövenpick Holding A.G., et al. (N.Y. Sup. Ct.) (N.Y. App. Div. 1^st Dep’t) – defended Swiss international restaurant franchisor Mövenpick Holding AG in a contract dispute stemming from the planned opening of restaurants in the U.S. and Canada.  Action dismissed on jurisdictional grounds by New York’s Commercial Division, and dismissal affirmed on appeal by New York’s intermediate appellate court. 
• Farmer-Paellmann v. New York Life Ins. Co., No. 02 CV 1862 (S.D.N.Y.) – represented insurance company and others in this, and several other, putative class actions arising out of claims involving American slavery and related practices, and appeals related thereto before the Seventh Circuit Court of Appeals.
• In re Soundview Elite Ltd., Case No. 13-13098 (REG) (Bankr. S.D.N.Y.) - represented trustee of bankruptcy estate in, inter alia, adversary proceeding concerning redemption of debtor’s investment in complex fund of funds structure.  Successfully briefed and argued appeals from findings of contempt, defeated motion to withdraw the trustee, and defeated motion to withdraw the reference. 
• Citizens Bank Corp. vs. Citizens Financial Group (E.D. Mich.) (6^th Cir.) – successfully defended at a preliminary injunction hearing and subsequent bench trial RBS Citizens (the Royal Bank of Scotland and Citizens Financial Group) in a trademark infringement case involving the rights to the use of the CITIZENS BANK trademark.  After a two week bench trial, the court returned a defense verdict on all claims.  Affirmed on appeal to the U.S. Court of Appeals, for the Sixth Circuit.  
• Mulderig v. United States, 120 F.3d 534 (5^th Cir. 1997) – briefed and filed Petition for Writ of Certiorari to U.S. Supreme Court in connection with appeal of judgment issued by Fifth Circuit Court of Appeals affirming conviction of appellant for fraudulent banking transactions.