Appellate

BuckleySandler has an active practice representing corporations, individuals, and advocacy groups in state and federal appellate courts throughout the country. The Appellate Practice Group combines a deep knowledge and understanding of appellate procedure with the firm’s focus on issues facing the financial services industry and its depth of experience in a variety of enforcement and criminal law issues.

BuckleySandler attorneys have argued cases in almost all the federal circuit appellate courts as well as in the United States Supreme Court. Many of  our attorneys have served as law clerks for federal appellate court judges.

Our attorneys have represented clients in a broad range of appellate matters with a focus on appeals effecting the financial services industry and white collar criminal matters. The firm has filed amicus curie briefs regularly in the United States Supreme Court and other courts advocating industry and special interest group positions

The firm is particularly experienced in criminal appellate matters. Notably, in 2009, partner Samuel Buffone argued and won an appeal in the United States Supreme Court (see: Yeager v. United States, 129 S. Ct. 2360) barring further prosecution of a former Enron executive on double jeopardy grounds.

Our attorneys have represented clients in the following recent representative appellate matters:

Financial Services Appeals

• Advanta Bank v. FDIC, No. 10-5051 (D.C. Cir. 2010). Represent bank in appeal of order finding that FDIC’s issuance of a temporary cease and desist order was in excess of FDIC’s statutory authority.
• Chase Home Finance, LLC v. Maalouf, No. 09-1479, 2010 WL 1735510 (4th Cir. April 29, 2010). Represented mortgage lender in appeal affirming judgment finding defendant jointly and severally liable for debts incurred when defendant’s wife wrote checks on home equity line of credit.
• McKenzie v. Reuter, Nos. 4D08-2738, 2739, 2740, 9 So.3d 770 (Fla. App. 4 Dist. 2009). Represented individual corporate officers of payday lender in appeal of order denying motion to dismiss for lack of personal jurisdiction.
• Ojo v. Farmers Group, Inc., No. 06-55522, 586 F.3d 1108 (9th Cir. 2009). Represented insurer in appeal of order dismissing Plaintiff’s insurance discrimination claim under the FHA as preempted by the McCarran-Ferguson Act.

White Collar Criminal Appeals

• Yeager v. U.S., No. 08-67, 129 S. Ct. 2360 (2009). Represented former Enron executive in appeal regarding continuing prosecution despite double jeopardy.
• U.S. v. Valencia, Nos. 08-20546, 08-20573, 600 F.3d 389 (5th Cir. 2010). Represented natural gas trader in appeal of conviction for wire fraud and denial of post-verdict motions for judgment of acquittal and for a new trial.

Amicus Curiae Representation

• U.S. v. O’Brien, No. 08-1569, 2010 WL 2025204 (U.S. May 24, 2010). Submitted Amici Curiae Brief on behalf of Families Against Mandatory Minimums and the National Association of Criminal Defense Lawyers in connection with appeal regarding use of unproven claims to enhance federal sentencing guidelines.
• Boyle v. U.S., No. 07-1309, 129 S. Ct. 2237 (2009). Submitted Amicus Curiae Brief on behalf of National Association of Criminal Defense Lawyers in support of petitioner’s appeal of RICO conviction.
• Zagorski v. Bell, No. 09-790 (U.S. 2009). Submitted Amicus Curiae Brief on behalf of Physicians for Human Rights in support of criminal defendant’s petition for certiorari.

Other Civil Appeals

• Harold H. Huggins Realty, Inc., et al. v. FNC, Inc., No. 09-60804 (5th Cir. 2009). Represented provider of appraisal data portal in appeal of dismissal of claims in putative nationwide class action alleging that defendant falsely advertised its web-based service for ordering and delivering appraisals, allegedly in violation of Section 43(a) of the Lanham Act.