The firm’s lawyers are experienced appellate advocates who have successfully litigated numerous appeals before federal and state appellate courts, including the U.S. Supreme Court. Our practice focuses principally on appealing adverse judgments in cases in which we did not represent our clients in the trial court. Our partners have a proven appellate track record of reversing adverse judgments and upholding trial court victories in both civil and criminal matters. We have also authored numerous amicus briefs on behalf of organizations in cases raising important law and public policy issues, some of which have been cited favorably in U.S. Supreme Court and Second Circuit opinions.
Our appellate practice is led by Alexandra A.E. Shapiro, who clerked on both the U.S. Supreme Court and the U.S. Court of Appeals for the D.C. Circuit. We have substantive expertise in a broad range of areas, including criminal law, securities law, constitutional law, and intellectual property law, among others.
Our recent notable appeals include:
- Representing former Deutsche Bank broker in Second Circuit appeal of conviction related to Jenkins & Gilchrist tax shelters.
- Won Second Circuit appeal reversing insider trading convictions of Todd Newman and Anthony Chiasson, and directing an acquittal on the grounds that insider trading liability requires proof that tippee knew that the insider disclosed material nonpublic information in exchange for personal benefit; that the government failed to prove such knowledge; and that the government failed to prove that the insiders acted for personal benefit.
- Won Second Circuit appeal reversing conviction of former partner of Ernst & Young arising from his work on the firm’s tax shelter practice.
- Won Second Circuit appeal granting new trial for former chief marketing officer of U.S. subsidiary of Royal Ahold who had been convicted of securities fraud and related offenses.
- Won D.C. Circuit appeal by Unity08, a non-partisan group seeking to nominate a moderate presidential candidate, of ruling permitting Federal Election Commission to regulate the group as a “political committee” under Federal Election Campaign Act.
Examples of our recent appellate briefs include:
- United States v. Coplan, No. 10-583-cr (2d Circuit)
- United States v. Daugerdas, No. 13-1388-cr (2d Circuit)
- United States v. Newman, No. 13-1837-cr (2d Circuit)
- Scarola Ellis LLP v. Padeh, No. 113781/2009 (N.Y. Appellate Division, First Department)
- United States v. Platt, No. 13-3162-cr (2d Circuit)