We represent clients in a variety of appeals involving civil and white collar matters. We have an outstanding record of successful outcomes, both in defending clients in appeals of lower-court rulings favorable to them and in obtaining reversals of adverse rulings for clients who sought our help at the appellate stage.
Our lawyers have secured appellate decisions in a broad range of areas, including securities and derivative litigation, complex tort, environment, consumer fraud, pharmaceutical products liability, antitrust, and civil Racketeer Influenced and Corrupt Organizations Act actions. We also have extensive experience representing lawyers in disciplinary proceedings before the Office of Attorney Ethics, the Disciplinary Review Board, and the New Jersey Supreme Court.
The group's success is grounded in our ability to assess, select, and effectively employ the strongest appellate arguments, while fully considering the jurisprudence and proclivities of the relevant court. Known for the thoughtfulness of our work, we are adept at crafting credible and convincing briefs, presenting persuasive oral arguments, and preparing tirelessly to answer the difficult questions posed by the court. The depth and nuance of our preparation have earned us a reputation with the judiciary as being highly credible; the courts know that when we advance a legal argument, it is supported by both the law and the facts of the case.
The Appellate team includes seasoned lawyers with extensive federal and state appellate experience, including a former First Assistant Attorney General of the State of New Jersey; a former Assistant United States Attorney in the District of New Jersey; a former trial attorney with the U.S. Department of Justice, Civil Division; and former law clerks for appellate and trial judges in federal and state courts. Although we work in various jurisdictions across the nation, our home base is the federal and state courts in New Jersey and New York, including the New Jersey Supreme Court, the New Jersey Appellate Division, and the Second and Third Circuit Courts of Appeal.
Law360 quotes Robert J. Kipnees and notes Kipnees and Michael A. Kaplan as counsel for the Union Mutual Medical Fund and its trustees in an article reporting the U.S. Court of Appeals for the Second Circuit’s rejection of a request by the Teamsters Local 210 Affiliated Health and Insurance Fund and its trustees that the court reconsider its June 2018 decision to uphold the trial court’s grant of summary judgment and an award of over $3.7 million on behalf of Lowenstein’s clients. View Lowenstein’s news announcement about the June 2018 appellate decision. (subscription required to access article)