Appeals

Ford O’Brien Landy LLP’s appellate practice is grounded in principled advocacy.

Principled advocacy requires judgment: the ability to identify the issues that matter, to understand the governing standard of review, and to present arguments with the credibility appellate courts expect. We bring this judgment to high-stakes federal and state appeals involving unresolved legal questions, complex records, and significant financial and reputational consequences.

Appellate litigation shapes the development of the law. Our approach reflects that responsibility while focusing on our clients’ individual objectives in each case, including preserving a favorable result, overturning an adverse ruling, or narrowing exposure on appeal.

Representative Appeals

Our appellate work reflects the firm’s diverse practice areas and includes:

• In re SBK Art LLC, 2026 WL 478787 (2d Cir. 2026), we secured affirmance of an
  order granting our application under 28 U.S.C. § 1782 to obtain discovery from a major
  law firm. The Second Circuit rejected the argument that discovery must be discoverable
  abroad to be within the scope of § 1782.
• In SEC v. Govil, 88 F.4th 89 (2d Cir. 2023), we secured the reversal of a disgorgement
  award entered in favor of the Securities and Exchange Commission. The Second Circuit
  held that disgorgement under the federal securities laws requires proof that investors
  suffered pecuniary harm. The decision created a circuit split and led to Supreme Court
  review in Sripetch v. SEC, in which we submitted an amicus brief addressing the scope of
  the SEC’s disgorgement authority.
• In SEC v. Gentile, 939 F.3d 549 (3d Cir. 2019), we represented an entrepreneur in an
  appeal addressing whether SEC injunctions are punitive for purposes of the statute of
  limitations. On remand, the district court dismissed the action against our client.

Current Appellate Engagements

Our current appellate engagements include representing:

• Entrepreneurs in appeals from SEC enforcement actions in the Second and Eleventh
  Circuits;
• The owner of a megayacht in a Second Circuit appeal arising from a DOJ forfeiture
  action;
• A financial institution in a petition for a writ of mandamus before the Second Circuit; and
• A defamation plaintiff in an appeal in Ohio state court.

We have experience assuming responsibility for matters for the first time on appeal, bringing
independent judgment to the record and the issues presented.

The attorneys at Ford O’Brien Landy LLP, with offices in New York and Austin, are experienced appellate litigators. We handle appeals in cases where we represented the appellant in the lower courts, as well as appeals where we take over from other firms.

Contact our attorneys today to learn how we can help you.