Appellate Practice

Our attorneys have significant experience handling appeals before federal and state appellate courts across the country in connection with a diverse range of issues. We also have substantial experience representing organizations as amicus curiae in appellate matters presenting legal questions with broad policy implications.

The firm has successfully handled appeals in state and federal courts, both in cases where we represented a party in the lower court and in cases where we have specifically been brought in for our appellate proficiency. Our attorneys have clerked for judges on numerous federal and state courts at both the trial and appellate levels, including U.S. District Courts for the Southern and Eastern Districts of New York and the Second Circuit Court of Appeals. Collectively, our attorneys have handled over 100 appeals.

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Obtained dismissal and subsequent Second Circuit affirmance of Section 16(b) litigation against major investment bank in case of first impression.

Representation of hedge fund partner in insider trading case brought by the SEC in the Southern District of New York alleging violations of Rule 10b-5.

Successfully represented the judges of the State of New York in appeals to the Appellate Division, First Department and the New York Court of Appeals challenging the constitutionality of the State’s failure to adjust increase compensation.

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International law firm Cohen & Gresser today announced that leading litigator and trial lawyer Douglas J Pepe will join the firm as a partner in its New York office.

Doug brings over 20 years of experience representing corporations, financial services clients (including hedge funds and private equity funds), law firms, and other clients in complex commercial litigation. His practice focuses on high-stakes securities litigation, legal malpractice cases, insurance disputes, mass torts, class action defense, and legal issues in the blockchain and digital currency space.

“I’ve co-counseled with Cohen & Gresser in the past and am thrilled to be joining a talented team with exceptional trial capabilities, high-quality work, and excellent judgment,” said Doug. “I look forward to building my practice here and to working with my new colleagues around the world on complex commercial disputes, professional liability defense, and blockchain advisory work.”

Doug has successfully litigated tens of billions of dollars in claims involving a wide variety of complex issues, including playing a leading role on the Court-appointed Executive Committee charged with directing the subrogation and property damage claims arising out of the 9/11 terrorist attack.

“I’m delighted to welcome Doug to the firm,” said Lawrence T Gresser, co-founder and global managing partner of Cohen & Gresser. “We know him well and like and respect him very much. He is a first-rate litigator and will be integral in providing elite client service and guidance in areas that are important to our clients, including growing our commercial and securities litigation practices, our professional liability practice, and our blockchain and digital currency group.”

Prior to joining Cohen & Gresser, Doug was a partner at Joseph Hage Aaronson LLC, a preeminent litigation boutique. Doug is a member of the American Law Institute and a fellow of the Litigation Counsel of America. He also serves as a Professorial Lecturer in Law at The George Washington University School of Law, where he teaches blockchain law and technology.

C&G achieved a Second Circuit victory for our client, Fidelity Brokerage Services, in a contract dispute involving a transfer of assets from a family partnership’s Fidelity brokerage account. The Second Circuit affirmed the District Court’s grant of summary judgment to Fidelity and held that Fidelity was not liable to the partnership for allowing one of the partnership’s members to transfer assets out of the partnership’s Fidelity account.

A D.C.-based C&G team comprised of Melissa H Maxman, Ronald F Wick, and Erica Lai helped secure a victory in the U.S. Supreme Court’s landmark ruling that all workers are protected under Title VII of the 1964 Civil Rights Act regardless of gender identity or sexual orientation.

State judges have yet to be properly compensated for enduring 13 years without pay raises, especially since the state Court of Appeals found that lawmakers acted unconstitutionally in rejecting salary increases. C&G's Thomas Bezanson argued that it was long past the time when the court should make good on its 2010 finding in Matter of Maron v. Silver and order that judges receive what they lost in salaries and retirement benefits.

Click below to view full coverage: 

"Court Hears Arguments Over Retroactive Judicial Raises," New York Law Journal, March 24, 2016.

"Judges Sue N.Y. State for $312M in Back Pay," Times Union, March 23, 2016. 




Cohen & Gresser has been ranked as a "Recommended" New York law firm in the 2015 edition of Benchmark Litigation.   In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, C Evan Stewart, and Karen H Bromberg were all individually recognized by the publication.  Benchmark Litigation is a leading guide to top litigation firms and attorneys in the United States and bases its rankings on extensive face-to-face interviews around the country over a six-month period with the nation's leading private practice attorneys and in-house counsel. 

In a follow-up interview with Corporate Counsel Business Journal, Thomas E Bezanson joins Hon. George Bundy Smith to discuss the appeal proceedings in Larabee v. Spitzer, a case in which he argued for increased compensation for four New York State judges.

John W Gibson and Tim Harris discuss the Court of Appeal’s recent judgment in R v Barton & Booth, and consider some of the implications for those accused of complex fraud allegations by the alteration of the legal test for dishonesty.

A discussion about the erroneous predictions made about the outcomes of this case. Why were they made and how can we learn from these examples?

This alert discusses the importance of oral advocacy in any case and what improvements are needed in order save this method of argument from extinction.