Appellate Litigation

California Public Employees’ Retirement System v. ANZ Securities, Inc., obtained a landmark ruling, affirming our earlier victory at the Second Circuit, holding that class-action tolling does not apply to the statutes of repose in the federal securities laws.

Gabelli v. SEC, secured a unanimous victory for petitioner in a decision holding that the limitations period for civil-penalty actions brought by the government begins to run when an alleged fraud occurs, not when it is discovered.

Republic of Argentina v. NML Capital, Ltd., represented the petitioner in an appeal addressing whether the Foreign Sovereign Immunities Act immunizes a foreign-sovereign judgment debtor from post-judgment discovery of information concerning its extraterritorial assets.

BG Group PLC v. Republic of Argentina, represented the respondent in an appeal concerning whether, in a multi-staged dispute resolution process, arbitrators, rather than courts, should primarily determine if a precondition to arbitration has been satisfied.

Represented the Republic of Argentina in more than 140 appeals involving over 700 cases before the Second Circuit, D.C. Circuit, Ninth Circuit, and New York Court of Appeals, in matters related to the country’s 2001 economic crisis, creditor attempts to enforce arbitral awards, and attempts by creditors to enforce judgments against various assets in the U.S. and abroad. 

In re Fairfield Ltd., obtained a significant ruling from the Second Circuit holding billions in claims against hundreds of defendants brought by the largest investment funds invested in Madoff’s Ponzi scheme were barred by the Bankruptcy Code’s securities safe harbor.

For various financial institutions in six separate appeals before the Second Circuit and D.C. Circuit, obtained affirmances of dismissal or summary judgment in matters involving claims under the Anti-Terrorism Act, Justice Against Sponsors of Terrorism Act, Alien Tort Statute, Helms-Burton Act, and/or state law.

In re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, represented Bosch in Ninth Circuit decision affirming summary judgment against claims by Volkswagen franchise dealers following Volkswagen’s admission of diesel emissions cheating. 

Financialrightclaims GmbH v. Burford Capital LLC et al., victory in the Third Circuit on issue of first impression holding that district court lacked jurisdiction over motion to compel arbitration of Section 1782 application.

Concord Associates., L.P. v. Entertainment Properties Trust, secured a ruling by the Second Circuit affirming the district court’s decision to dismiss plaintiffs’ compliant for failing to plead a plausible relevant antitrust market. 

JBR, Inc. v. Keurig Green Mountain, Inc., obtained a decision by the Second Circuit affirming the district court’s denial of a preliminary injunction that would have prevented Keurig from selling its latest single-serve brewer.

US Airways, Inc. v. Sabre Holdings Corporation, obtained a new trial from the Second Circuit after it found that flawed jury instructions permitted the jury to find that Sabre’s global distribution system, a travel technology platform, was a one-sided market rather than a two‑sided market.

For the Argentine Province of Mendoza, prevailed 7-0 in the New York Court of Appeals in defeating defaulted debt claims on statute of limitations grounds.

For the Republic of Iraq and the Ministry of Defense of the Republic of Iraq, obtained two favorable rulings from the D.C. Circuit, including a landmark ruling  of immunity under the Foreign Sovereign Immunities Act that resulted in vacatur of a district court judgment of over $120 million.

Leibovitch v. Islamic Republic of Iran, secured a ruling by the Seventh Circuit affirming an order quashing federal subpoenas and Illinois citations seeking worldwide discovery and restraint of any and all Iranian assets held by BNP Paribas.

Cyan, Inc. v. Beaver County Employees Retirement Fund, submitted a brief on behalf of several former SEC commissioners arguing that state courts lack jurisdiction over class actions asserting Securities Act claims.

Leidos, Inc. v. Indiana Public Retirement System, prepared a brief on behalf of the Society for Corporate Governance in a case concerning whether the Exchange Act imposes liability for alleged omissions of information required to be disclosed by SEC regulation.

Kokesh v. SEC, submitted a brief on behalf of the American Investment Council in a case presenting the question of whether the limitations period for civil-penalty actions applies to claims for disgorgement in an enforcement action brought by the SEC.

Puerto Rico v. Franklin California Tax-Free Trust, authored a brief on behalf of the Puerto Rico Electric Power Authority in a case concerning whether the Bankruptcy Code preempts the Puerto Rico Public Corporation Debt Enforcement and Recovery Act.

Whirlpool v. Glazer, submitted a brief on behalf of Tech America and Technet arguing that the Supreme Court should review the question of whether Rule 23 permits the certification of “no injury” consumer class action lawsuits.

Harris Funeral Homes Inc. v. EEOC, filed a brief with Transgender Legal Defense & Education Fund and 33 other organizations in the case holding that Title VII of the Civil Rights Act of 1984 protects transgender people from employment discrimination.

Obergefell v. Hodges, prepared a brief on behalf of the American Sociological Association in the case holding that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex.

Hernández v. Mesa, submitted a brief on behalf of a group of Mexican judges, scholars, and practitioners in a case addressing the availability of a Bivens claim to Mexican nationals against a U.S. Border Patrol agent who, while on the U.S. side of the U.S.-Mexican border, shot and killed their 15-year-old son, who was on the Mexican side of the border.

Sessions v. Morales-Santana, authored a brief on behalf of scholars on statelessness and related issues in a case concerning whether Congress’s decision to impose a different physical-presence requirement on unwed citizen mothers of foreign-born children violates equal protection.

Williams-Yulee v. The Florida Bar, submitted a brief on behalf of state and local judicial reform groups in a case holding that a rule prohibiting judicial candidates from personally soliciting campaign funds does not violate the First Amendment and serves Florida’s compelling interest in preserving public confidence in the integrity of its judiciary.