Practice Overview
Practices

Appellate Practice

Overview
Select Representative Appellate Decisions

Leveraging Olshan’s active trial practice, Olshan maintains an active appellate law practice involving issues of significant to our clients and, often, as a matter of policy.  A case on appeal presents substantially different standards and issues than those presented at the trial level. Our litigation attorneys have extensive experience in prosecuting and responding to appeals following trial judgments. We are skilled in identifying “mistakes of law” and carefully formulating the issues to provide the client with the best opportunity for success.

While we routinely handle appeals on matters that we originally litigated, we also brief and argue matters handled at the trial court by other counsel. In those matters, we provide a fresh and objective perspective to each case.

We have successfully briefed and argued appeals in the appellate courts of the State of New York, including New York’s Court of Appeals, the State’s highest appellate court, and the U.S. Court of Appeals for the Second Circuit, which hears appeals from the U.S. District Courts in New York, Connecticut, and Vermont.  Additionally, we have briefed and argued appeals in other Circuits and in the U.S. Court of Appeals for the Federal Circuit.

  • Aris Multi-Strategy Fund, L.P. v. Accipiter Life Sciences Fund II (QP), L.P. 89 A.D.3d 454, 933 N.Y.S.2d 202 (N.Y. App. Div. 1st Dep’t 2011). Represented corporate officer and general partner in claims arising from hedge fund collapse; all claims dismissed; successfully defended dismissal on appeal.
  • National Black Theatre Workshop, Inc. v. Nubian Properties, LLC, et. al., 89 A.D.3d 518, 932 N.Y.S.2d 466 (N.Y. App. Div. 1st Dep’t 2011). Successfully represented on appeal the New York Applebee’s Franchisee, Apple-Metro, in a dispute arising out of a lease at a building in Harlem.
  • Goetz v. Hershman, No. 10–700–cv, 2011 WL 1901736, 423 Fed.Appx. 3 (2d Cir. May 20, 2011). Represented plaintiff in his claims of legal malpractice and breach of fiduciary duty. Successfully defended jury award to plaintiff on appeal.    
  • Kelly v. Handy & Harman, No. 10–0718–cv, 2011 WL 159601, 406 Fed.Appx. 538 (2d Cir. January 19, 2011). The Second Circuit U.S. Court of Appeals affirmed Olshan’s victory in the U.S. District Court for the Southern District of New York in an ERISA action on behalf of Handy & Harman in a claim made by Handy’s former chief financial officer who was accused of attempting to amend the Company’s supplemental retirement plan to enhance his own retirement benefits.
  • AJW Partners LLC v. Itronics Inc., 68 A.D.3d 567, 892 N.Y.S.2d 46 (N.Y. App. Div. 1st Dep’t 2009). Represented plaintiffs in a breach of contract action relating to a stock purchase agreement. The First Department unanimously affirmed the Supreme Court’s ruling which granted plaintiffs' motion to dismiss seven of eight counterclaims and denied defendants' cross motion to dismiss the complaint.
  • Holcomb v. Iona College, 521 F.3d 130 (2d Cir. 2008). Won a precedent setting reversal in the U.S. Court of Appeals for the Second Circuit. Represented plaintiff, former Iona College assistant basketball coach, who charged that he was fired because of his interracial marriage.  
  • Mancheski v. Gabelli Group Capital Partners, Inc., 22 A.D.3d 532, 802 N.Y.S.2d 473 (N.Y. App. Div. 2d Dep’t 2005). Successfully defended disqualification of plaintiff’s counsel on appeal.
  • Rothstein v. Carriere, 373 F.3d 275 (2d Cir. 2004). Won a reversal of jury verdict in the U.S. Court of Appeals for the Second Circuit on behalf of the defendant in a malicious prosecution case. 
  • Compagnie Noga D’Imp. et D’Exp., S.A. v. Russian Fed’n, 361 F.3d 676 (2d Cir. 2004). Successfully procured order vacating dismissal of the action on behalf of the plaintiff in a case involving a foreign arbitration award.  
  • Steel Partners II, L.P. v. Bell Indus., Inc., 315 F.3d 120, 122 (2d Cir. 2002). Won a reversal of the trial court’s grant of summary judgment in favor of defendants, and obtained summary judgment in favor of the plaintiffs before the U.S. Court of Appeals for the Second Circuit in a suit involving disgorgement of short swing profits.
  • Winkler v. Wigley, No. 00-7624, 2000 WL 1786345, 242 F.3d 369 (Table) (2d Cir. Dec. 6, 2000). Represented corporate consultant in 10b-5 litigation over secondary liability; successfully defendant judgment in favor of defendant on appeal.