Appellate Litigation

Litigation in state or federal trial court which results in a decision, is usually subject to review by an appellate court. The losing party in a decision by a trial court can appeal to an appellate court of appropriate jurisdiction. The litigant who files the appeal is referred to as the “appellant,” and has the burden of proving that the lower court made a legal error when rendering its decision. Appellate courts review the lower trial court record to determine if errors of law were made by the lower court Judge.

An appeal is a complex process requiring a deep understanding of the specific rules of procedure and local rules of the appellate courts. These rules can differ from the civil procedure rules applicable in federal and state trial courts. Appellate courts apply different “standards of review” in examining different kinds of errors. Lax & Neville LLP provides superior appellate advocacy to our clients since we have an in-depth understanding of both the law and the procedures regarding appellate practice.

Appellate attorneys rely on appellate briefs and oral argument to persuade the appellate court to either affirm or reverse the lower court decision. Lax & Neville LLP has extensive experience drafting appellate briefs and has successfully argued various appeals in both state and federal appellate courts. Lax & Neville LLP has successfully represented clients in appeals before the New York Appellate Division and the United States Court of Appeals for the Second Circuit.

For example, our firm successfully represented a placement agent in an arbitration before the American Arbitration Association in which the placement agent was awarded approximately $10,400,000 in damages, which included placement agent compensation, attorneys’ fees and costs and a $50,000 sanction against the respondent, plus a total of 4,080,000 in Warrants. The respondent in the arbitration unsuccessfully moved to vacate the arbitration award in the District Court for the Southern District of New York, and then appealed the decision denying their motion to vacate before the United States Court of Appeals for the Second Circuit. Our firm successfully defended the appeal for our client by filing appellate briefs and presenting oral arguments.

Further, on March 3, 2011, Barry Lax appeared before the United States Court of Appeals for the Second Circuit to argue that Judge Lifland's decision which determined the definition of "Net Equity" under the Securities Investor Protection Act ("SIPA") should be overturned. A copy of the Net Equity hearing transcripts can be found here

We invite you to examine our recent significant cases.

Both our knowledge and experience make us an important resource for a client looking to consult with and hire an attorney experienced in the practice of appellate law, brief writing and oral argument. Contact Lax & Neville LLP here.

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