Appellate law demands highly specific and finely honed written and oral advocacy, which complements, but is often distinct from, litigation and trial skills. Buckley’s Appellate practice brings all of these skills to bear. Whether safeguarding a hard-fought trial court victory or reversing an unfavorable ruling, our attorneys consistently deliver at the highest level throughout the appellate process.
We represent individuals and corporate entities in a broad range of appellate matters, with an emphasis on appeals involving the financial services industry and white collar crime. Our Appellate team has argued — and won — cases in state appellate and federal circuit appellate courts throughout the country.
Our firm knows firsthand from decades of experience that the need for appellate counsel proficiency begins when litigation commences. No win is secure and no defeat is absolute until potential appeals are resolved. Our team is involved in strategy development from the early stages of litigation through the appeals process. We are adept at identifying the issues that affect an appeal, and resolve difficult issues of record development and preservation to position the case for appeal. We are known for assertive and precise briefs. We also understand that a favorable settlement can be the best outcome, and have helped our clients explore these opportunities when they arise, with candid advice based on experience in all aspects of the litigation process.
Buckley also is retained for amicus briefs in matters with significant impact on the financial services industry and criminal law issues. Amicus briefs can affect legal policy and the landscape of any given market. The financial services industry, in particular, recognizes the critical nature of retaining a law firm that can advocate through amicus briefs and serve as appellate counsel when necessary.
Noteworthy matters include:
- Defended former Virginia Governor Robert McDonnell, whose public corruption convictions were unanimously overturned by the Supreme Court, which ruled that the government overreached in defining when a public servant’s actions are “official acts”
- Represented on appeal Bridget Kelly, the former deputy chief of staff to New Jersey Governor Chris Christie, whose trial conviction was recently reversed in a unanimous decision by the Supreme Court
- Represented JP Morgan Chase Bank in an action by plaintiffs seeking to enjoin foreclosures based on assertions of sovereign immunity and indigenous rights; obtained a dismissal of all claims before the District Court, and successfully defended the action before the United States Court of Appeals for the D.C. Circuit, which included cross motions to dismiss the plaintiffs’ interlocutory appeal and a petition for a writ of mandamus
- Achieved an appellate victory in defending the estate of Michael Jackson and MJJ Productions, Inc., when the United States Court of Appeals for the D.C. Circuit unanimously affirmed a lower court ruling that what the plaintiff referred to as “newly discovered evidence” was not admissible
- Represented a top mortgage loan servicer in a False Claims Act qui tam investigation into servicing and loss mitigation activities, in which the government declined to intervene in the case; obtained a dismissal of the case on motion, which the Sixth Circuit upheld on appeal
- Filed an amicus brief on behalf of the Mortgage Bankers Association, the National Association of Home Builders, and the National Association of REALTORS® in the Supreme Court case addressing the appropriate remedy should the Court find the Consumer Financial Protection Bureau’s structure unconstitutional. Seila Law LLC v. Consumer Fin. Prot. Bureau
- Filed an amicus brief in PHH v. CFPB, the first administrative decision by the Consumer Financial Protection Bureau Director to come up for appeal before the District of Columbia Circuit; Buckley attorneys argued that the CFPB Director’s decision to ignore the longstanding interpretation of Section 8 of the Real Estate Settlement Procedures Act (RESPA) would eliminate an important form of risk retention, make the home mortgage closing process more difficult and expensive for consumers, and particularly harm the country’s least affluent mortgage borrowers
A recent Supreme Court decision allows the Securities and Exchange Commission to continue pursuing disgorgement in its enforcement actions, but with significant limitations that will curb disgorgement’s scope and could complicate the SEC’s future efforts to seek it.
Whether the SEC has...Buckley Commentary & Analysis
Regulators, consumer groups, academics and private litigants are grappling with the fair lending implications of the credit models powering the explosive growth in online lending by banks and financial technology firms. The U.S. District Court for the District of Columbia in late March concluded...Articles
"Supreme Court will likely decide whether courts can order disgorgement in SEC enforcement proceedings" by Olivia A. Rauh
The Supreme Court will hear arguments on March 3 in a case that will likely determine whether the SEC has statutory authority to seek disgorgement in enforcement actions, and whether the courts have authority to order it.
The SEC’s authority to seek disgorgement was virtually...Buckley Commentary & Analysis
"High Court seems skeptical of 5th Circ. sentencing practice" by Elizabeth R. Bailey and Jill Winter (Law360)
The U.S. Supreme Court heard oral arguments on Tuesday in a case that may clarify how specific a defendant’s lawyer must be when objecting to a criminal sentence, and when she must make that objection, in order to receive a more favorable standard of review on appeal. The question before the...Articles
Congress is considering legislation that would clarify and significantly expand the Securities and Exchange Commission’s disgorgement powers, two years after the Supreme Court curtailed them in ruling that they were penalties subject to a five-year statute of limitations. The decision in...Buckley Commentary & Analysis
Just in time for Halloween, a decision by the U.S. Court of Appeals for the Third Circuit raises the specter that conduct once considered time-barred can return from the dead to haunt defendants in the securities industry. The case, U.S. Securities and Exchange Commission v. Gentile, further...Articles
"Apropos of nothing: The possible demise of the Fifth Circuit post-sentencing objection" by Elizabeth R. Bailey
Should the courts penalize criminal defendants on appeal when their attorneys fail to utter magical (but duplicative) words at the end of sentencing? The U.S. Court of Appeals for the Fifth Circuit continues to require a formal post-sentencing objection to the length of a sentence to preserve...Buckley Commentary & Analysis
Data breaches are back in the news in a big way. Over the past several weeks alone, prominent hotel chains, online platforms and retailers announced significant data breaches. Unsurprisingly, in the aftermath of these disclosures, consumers filed class actions alleging that the data breaches...Articles
"The devil is in the details: LabMD imposes limitations on the FTC’s enforcement authority" by Elizabeth E. McGinn and Sasha Leonhardt, (Cybersecurity Law Report)
In the latest data security case with significant implications for all enforcement actions, the United States Court of Appeals for the Eleventh Circuit struck down a cease-and-desist order as impermissibly vague. By ruling against the FTC in its long-running and contentious dispute with LabMD, the...Articles
Andrew W. Schilling and Megan E. Whitehill Authored a Law360 Article, "Revisiting Bishop In Light Of Escobar"
Last year, the Second Circuit Court of Appeals in New York handed the banking industry some much-needed ammunition to fight back against False Claims Act suits premised on broad certifications of compliance. Specifically, in Bishop v. Wells Fargo & Co ., the court affirmed the dismissal of a...Articles
The authors discuss the text of the Fair Housing Act, its legislative history, and the past federal appellate court decisions holding that the FHA permits disparate impact claims. They argue that recent Supreme Court decisions cast doubht on the past federal appellate court decisions, and show that...Articles
Hank Asbill extensively quoted in Insurance Journal article, “Court orders new trial for insurance exec convicted of bribing NC commissioner”
The Insurance Journal article, “Court orders new trial for insurance exec convicted of bribing NC commissioner,” discussed the appeal of Greg Lindberg, a North Carolina insurance entrepreneur who was convicted of attempting to bribe the state’s insurance commissioner in 2018. The U.S. 4th Circuit...In The News
On June 16, the U.S. Court of Appeals for the Fifth Circuit held that a plaintiff borrower’s requested damages in a foreclosure lawsuit did not exceed the federal jurisdictional threshold amount of $75,000, and sent the case back to Texas state court. The plaintiff sued the financial institution in...InfoBytes
On June 14, the California Court of Appeal for the Second Appellate District reversed a trial court’s decision staying a suit against a lender and its loan payment processor (collectively, “defendants”) and enforcing a Delaware forum selection clause. The appeals court held that the plaintiff...InfoBytes
On June 15, the U.S. Court of Appeals for the Sixth Circuit reversed and remanded a district court’s summary judgment ruling in favor of a defendant-appellee law firm, holding that it did not first exhaust all of its efforts to collect from the actual debtor. According to the opinion, the plaintiff...InfoBytes
On June 16, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s summary judgment ruling in favor of a defendant lender, holding that a deadline accompanied by a grace period in a loan modification trial plan should be enforced. The plaintiff defaulted on his loan and sought...InfoBytes
On June 7, the U.S. Court of Appeals for the Eleventh Circuit held that an individual claiming to have acted as a custodian of an account and not in her personal capacity must arbitrate claims brought against a national bank (defendant). The plaintiff and her mother co-owned an investment account...InfoBytes
On June 14, the U.S. Court of Appeals for the Third Circuit affirmed a district court’s ruling in favor of a defendant student loan servicer, holding that it is not enough for telecommunication equipment to be capable of using a random or sequential number generator to dial telephone numbers in...InfoBytes
On June 14, the U.S. Court of Appeals for the Third Circuit affirmed a district court’s dismissal of a class action alleging a national bank (defendant) violated state laws in New Jersey by attempting to collect on a debt after it had issued a 1099-C notice to the plaintiff to cover the debt that...InfoBytes
On June 6, a majority of nonrecused active judges on the U.S. Court of Appeals for the Ninth Circuit vacated a previously issued opinion that said tribal lenders could arbitrate Racketeer Influenced and Corrupt Organizations Act (RICO) class action claims, saying it will rehear the case en banc. As...InfoBytes
On June 8, a majority of judges on the U.S. Court of Appeals for the Seventh Circuit denied a plaintiff-appellee’s petition for rehearing en banc in a case concerning the collection of time-barred debt. In April, the 7th Circuit vacated a $350,000 jury award against a debt collector in an FDCPA...InfoBytes
Buckley LLP on Dec. 16 filed an amicus brief on behalf of the Mortgage Bankers Association, the National Association of Home Builders, and the National Association of...Announcements
Benchmark recognizes Buckley Sandler litigation team; David Krakoff inducted into American College of Trial Lawyers
Benchmark Litigation has recognized Buckley Sandler as one of the nation’s top litigation law firms, awarding it a National Tier 1 ranking for its White Collar practice and deeming its District of Columbia litigation team “Highly Recommended” — Benchmark’s highest...Announcements
Our Appellate Team
Recent Blog Posts
June 23, 2022
5th Circuit remands nonjudicial foreclosure suit back to state court
June 23, 2022
California appeals court says lender cannot move bitcoin loan suit to Delaware
June 23, 2022
6th Circuit reverses and remands judgment in debt collection suit
June 22, 2022
5th Circuit says loan contract containing grace period should be enforced
June 17, 2022
11th Circuit says “Custodian” is a signatory and account owner; must arbitrate claims