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Commercial appeals

We are brought in after the verdict, usually by the lawyers who tried it. Contract, fiduciary duty, and valuation disputes where the record is long and the issue is narrow.

Standard of review — Abuse of discretion, reviewed on a cold record.

Most commercial appeals are lost in the statement of facts. By the time a court reaches the argument section it has usually decided who is being reasonable. We spend the first week rebuilding the factual narrative from the record itself, then decide which single issue can carry the judgment.

We do not take an appeal because a client is unhappy with the result. We take it because something in the record will not survive review.

On the record — commercial appeals

  • No. 23-0947 Del. Ch.

    Valuation record could not support the fiduciary award; remand ordered on the damages question only.

    Vacated 2024
  • No. 24-1188 9th Cir.

    District court exceeded its remedial authority; the injunction swept beyond the parties before it.

    Reversed 2024
  • No. 22-0338 5th Cir.

    Defense judgment affirmed in full; cross-appeal on fees dismissed for want of jurisdiction.

    Affirmed 2022
  • No. 21-0233 3d Cir.

    Arbitration clause did not survive novation; order compelling arbitration reversed.

    Reversed 2021
Send us the record

If the judgment is wrong, it is worth one conversation.

We read the opinion and the operative briefs before the first call, at no charge. You will get a straight answer about whether an appeal is worth funding.