Overview
Our Appellate Group has secured a series of important wins on behalf of our clients in recent years. Most notable wins include a major copyright case in the U.S. Supreme Court and successfully argued important appeals across the country, including cases that concerned the extraterritorial application of New York State and New York City human rights laws; the effect of the antitrust laws on sports leagues; classwide relief for Social Security recipients; the right to child support involving same-sex partners; and important ERISA, employment, and patent cases.
In 2011, we won a major case for the American Bar Association, which challenged the Federal Trade Commission's application of its "Red Flags Rule" to the legal profession; defeated a challenge to MoMA's ownership of artwork; and convinced an appellate panel to overturn the conviction of our client in a high-profile financial prosecution. Our work has led the National Law Journal to name us to its prestigious "Appellate Hot List," and Law360 to name us one of its five "Appellate Groups of the Year."
Our group includes former U.S. Supreme Court clerks, chiefs of appeals from U.S. Attorney's offices, and many other lawyers who have argued before appellate panels across the country. We not only brief and argue appellate cases, but also serve as a resource to our litigators and other lawyers at the trial level. We are routinely involved in providing counsel at all stages of litigation; researching and drafting appellate briefs; and preparing for and conducting oral argument.
Areas of Focus
Analysis of Trial Court or Administrative Agency Record
Appearances Before State and Federal Courts
Brief Preparation
Legal Research and Analysis
Preparatory Moot Courts
Trial Level Advice
Key Representations
Proskauer represented former Gen Re executive Christopher Garand, who was convicted of being part of a far-ranging scheme to use "sham" reinsurance deals to manipulate AIG's loss reserves and boost its financial picture. The U.S. Court of Appeals for the Second Circuit reversed the original jury verdict, which was widely seen as a miscarriage of justice, ruling that the lower court allowed misleading stock price data evidence and gave flawed instructions to the jury on loss causation.
Proskauer represented the American Bar Association in its challenge to a Federal Trade Commission policy that would have applied certain identity theft regulations, known as the "Red Flags Rule," to lawyers, a case of major importance to the legal profession. After the case was briefed and argued before the U.S. Court of Appeals for the District of Columbia, Congress passed legislation clarifying the scope of professionals who are subject to identity theft regulations. This led the court to invalidate the FTC's attempt to regulate lawyers, declaring that the legislation was clearly directed at the dispute between the ABA and FTC.
The heirs of Weimar-era artist George Grosz sued the Museum of Modern Art to obtain three Grosz works that have been in MoMA's possession for more than 50 years. Proskauer prevailed in the U.S. Court of Appeals for the Second Circuit on behalf of its longtime client, successfully arguing that the case was time barred by New York’s statute of limitations.