Our Firm has extensive experience representing clients in both federal and state appellate matters. Our appellate attorneys are also trial attorneys so they combine their deep knowledge on litigating matters with their appellate advocacy skills. When our clients retain us they do so with the understanding that the Firm is uniquely equipped to handle their matter throughout all stages of the litigation.

Representative matters for the Appellate Practice group include:

• Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Management Inc., 18 N.Y.3d 341 (2011). The Firm obtained a unanimous landmark ruling from New York’s highest court that New York’s “blue sky” law, known as the Martin Act (N.Y. Gen. Bus. Law § 352-59), does not preempt common-law tort claims for negligence and breach of fiduciary duty in the securities field.

• BanxCorp v. Bankrate, Inc., 847 F. App'x 116, 119 (3d Cir. 2021). The Firm prevailed in the Third Circuit, which affirmed the district court’s decision granting summary judgment in favor of the Firm’s client, Bankrate, Inc. In the district court, a competitor alleged that Bankrate monopolized a segment of the market for advertising loan products at the retail level. The Third Circuit held that the competitor failed to define the relevant market and show that prices charged by Bankrate were artificially low prior to the alleged monopolization. The Third Circuit further held that the competitor failed to show that Bankrate controlled a “dominant share of the market” and that the market was protected by “high barriers to entry.”

• Liberty Surplus Ins. Corp. v. AXA Ins. Co., 788 F. App'x 850 (3d Cir. 2019). The Third Circuit affirmed the dismissal of an action filed against the Firm’s client, AXA Corporate Solutions Assurance, SA. The Third Circuit held that the district court lacked personal jurisdiction over our client because the applicable forum selection clause provided exclusive jurisdiction to the courts of the Republic of Ireland.

• Miller v. Mercuria Energy Trading, Inc., 774 F. App’x 714 (2d Cir. 2019). The Second Circuit affirmed the dismissal of an action against Firm’s clients, Phoenix Global Resources PLC and Upstream Latinoamérica, S.L. for lack of personal jurisdiction. The Second Circuit held that a forum selection clause did not confer personal jurisdiction because the claim did not arise under the contract containing that clause and because the “closely related” doctrine was inapplicable.

• Odyssey Reinsurance Co. v. Certain Underwriters at Lloyd’s London Syndicate 53, 615 F. App'x 22 (2d Cir. 2015). The Firm obtained a reversal of the district court’s denial of a petition to appoint an umpire. The Second Circuit held that the district court’s denial was based “on the mistaken belief that it lacked the statutory authority under the FAA to resolve the parties’ deadlock over the appointment of an umpire.”

• In re Greenwich Sentry, L.P., 534 F. App’x 77, 79 (2d Cir. 2013). The Firm represented the liquidating trustee in an appeal relating to Greenwich Sentry, a feeder fund that failed when the ponzi scheme perpetrated by Bernard Madoff came to light. The Second Circuit affirmed the ruling of the district court, which held the bankruptcy court properly disallowed the claims of the appellants.

• MLRN LLC v. U.S. Bank Nat'l Ass’n, 190 A.D.3d 426 (N.Y. App. Div. 1st Dep’t 2021). The Firm prevailed in the Appellate Division, First Department, which affirmed the trial court’s ruling that the claims of Firm’s client, MLRN LLC, were not barred by the “no action” clauses in residential mortgage-backed securities pooling and servicing agreements.

• Matter of KPMG LLP v. Kirschner, 182 A.D.3d 484 (App. Div. 1st Dep’t 2020). The Firm obtained a stay, and later a final order, reversing a trial court ruling that an arbitrator should determine whether a dispute between the Firm’s client and the auditor was arbitrable. The Firm represented the trustee of a post-bankruptcy litigation trust into which pre-petition lenders to the debtor had placed their legal claims against KPMG for misrepresentations in the audit opinions upon which the lenders relied in making their lending decisions. The First Department ruled that the lenders, as non-signatories to the audit engagement between the borrower and KPMG that contained an arbitration provision, could not be compelled to arbitrate their misrepresentation claims simply because they relied on the auditor’s report.

• Orix Venture Fin. LLC v. Eagle Ltd., 120 A.D.3d 1108 (N.Y. App. Div. 1st Dept. 2014). The Firm prevailed in the Appellate Division, First Department, which affirmed the trial court’s entry of summary judgment and a damages award in favor of Firm client, Orix Venture Financial LLC.

• Mfrs. & Traders Tr. Co. v. Marina Bay Towers Urban Renewal II, LP, No. A-5879-17T2, 2019 N.J. Super. Unpub. LEXIS 2161, at *1 (Super. Ct. App. Div. Oct. 22, 2019). In a ruling of first impression, the Firm successfully represented an indenture trustee before the New Jersey Appellate Division. The court held that bondholders had the right to modify state affordable housing restrictions pursuant to New Jersey’s County Improvement Authorities Law in order to repair a senior low-income housing apartment complex damaged by Hurricane Sandy.