Throughout the U.S., we represent companies, officers and directors, audit committees, accounting firms, broker-dealers, investment banks, outside professionals and others in all aspects of financial, securities and corporate litigation. Our appellate lawyers are an integral part of our practice in these areas, regularly appearing in the U.S. Supreme Court, all of the federal Courts of Appeals and in state supreme and intermediate appellate courts throughout the U.S. In these matters, our appellate lawyers work closely with our lawyers in accountants liability, securities, officer and director liability and related practice areas to ensure that the often complex issues these matters involve are properly and effectively presented at the appellate level.
Notable recent examples of our work in these areas include:
- Tellabs, Inc. v. Makor Issues & Rights (S.Ct.), presenting issues regarding the proper standard for the “strong inference” of scienter required under the Private Securities Litigation Reform Act
- Ray v. CitiGroup Global Markets, Inc. (7th Cir.), rejecting securities fraud claims for failure to establish loss causation
- Leykin v. AT&T Corp. (2d Cir.), rejecting securities fraud claims for failure to show loss or transaction causation, and holding state law claims preempted
- Greenburg v. Hiner (6th Cir.), affirming dismissal of securities fraud claims on statute of limitations grounds
- Filler v. Hanvit Bank (2d Cir.), affirming dismissal of securities fraud claims against a Korean bank arising from the collapse of a Belgian multinational
- DE &J Ltd. Ptnshp. v. Conaway (6th Cir.), affirming dismissal of federal securities fraud claims on loss causation grounds
- Dimmitt & Owens Financial, Inc. v. Deloitte & Touche (ISC), L.L.C. (Mich. Ct. App.), reversing venue ruling based on conclusion that place of injury in case involving alleged accounting malpractice is location of plaintiffs' reliance, not location of issuance of audit report
In addition to our work at the appellate level, our appellate lawyers often assist our trial lawyers in preparing cases for trial, handling legal issues that arise during trial, consulting with respect to jury instructions and briefing and arguing post-trial motions. By assembling teams of lawyers with extensive experience in the substantive areas at issue, and lawyers with the writing and other technical skills necessary to present our clients' positions in the most effective way possible, we maximize the likelihood of a successful outcome in the trial court and ensure that the case is properly positioned for any appeal.