Our Practice

Appellate Litigation

Our attorneys have won numerous cases at the appellate level by thoroughly understanding the law and honing the art of written and oral advocacy.  We are adept at taking a complex trial record, culling the most promising legal issues for appeal, and presenting a compelling argument.  We have successfully applied this expertise across a broad range of substantive areas, including commercial contracts, partnerships, intellectual property, employment, torts, and white collar crime.  Our lawyers have briefed and argued numerous appeals in the New York appellate courts, before the Second Circuit Court of Appeals and in other state and federal courts of appeal.

Notable appellate victories include:

• Winning an appeal before the D.C. Circuit Court of Appeals affirming summary judgment for the defendant employer, a major French utility, dismissing a sex discrimination and retaliation suit brought by the former head of its Washington, D.C. office.  Gaujacq v. Electricite de France Int'l North Anlerica, Inc., 572 F. Supp. 2d 79 (D.C. Cir. April 9, 2010).  
• Winning an appeal before the Second Circuit Court of Appeals affirming the dismissal of a copyright infringement action for Reebok and its advertising agency.  Chandler v. Stoute, et al., OS CV 4796, 228 Fed. App. 27, 2007 WL 1113521 (2d Cir. 2007).
• Winning dismissal in the Second Circuit of an appeal challenging confirmation of an arbitration decision, leading to monetary damages, injunctive relief and recovery of attorneys' fees.  RSI, Inc., et al. v.Coldwell Banker Real Estate Corp., No. 05-S762-CV (2d Cir. April 3, 2006). 
• Winning two appeals before the New York Appellate Division reversing the lower court and directing summary judgment dismissing cross-claims for contribution and indemnity in an $8 million contract action.  Trump Village Section 3, Inc. v. New York State Housing Finance Agency, 292 A.D. 2d 156, 739 N.Y.S.2d 37 (1st Dep’t 2002); and 307 A.D.2d 891, 764 N.Y.S.2d 17 (1st Dep't 2003).
• Winning a decision, unanimously affirmed by the New York Appellate Division in a case interpreting the right of first refusal provision contained in the contracts of a major television network.  Fox News Network LLC v. N.S. Bienstock, 2003 N.Y. Slip Op. 13104 (1st Dep’t 2003).
• Winning an appeal in the Second Circuit affirming summary judgment in two cases for an interstate common carrier upholding its limitation of liability clause.  Nippon Fire & Marine Insurance Co., Ltd. v. Skyway Freight Systems, Inc., 67 F. Supp. 2d 293 (S.D.N.Y. 1999) and 45 F. Supp. 2d 288 (S.D.N.Y. 1999); both affirmed, 235 F. 3d 53 (2d Cir. 2000). [Front page, Journal of Commerce].
• Winning dismissal of a $40 million breach of fiduciary duty claim against our law firm client. Black v. White & Case, Index No. 96-115470 (1st Dep’t 2000).
• Winning a New York Court of Appeals decision in a widely followed case upholding a law firm’s partnership agreement provision that the firm was not required to account to its former partner for goodwill.  Dawson v. White & Case, 88 N.Y.2d 666, 672 N.E.2d 589 (1996).