PRACTICE AREAS
Accountants' Liability
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Defense of Lawyers and Law Firms
FCPA
Internal Investigations
Securities Enforcement
Securities and Capital Markets Litigation
Trials and Appeals
White Collar Defense

 

MORVILLO LAW PRACTICE AREAS: Trials and Appeals

Though we strive in all cases to prevent the government from bringing charges, our partners and counsel have tried dozens of criminal and civil cases in various federal courts, most frequently in the Southern and Eastern Districts of New York. The cases we have tried in recent years include criminal and civil insider trading cases, broker/dealer regulatory cases, criminal accounting fraud cases, SEC disclosure cases, and criminal federal income tax matters. Several of the cases our partners have handled garnered significant public attention, especially those in the insider trading area (e.g., the criminal trials of Martha Stewart and, more recently, a senior Level Global executive).

All of our partners and most of our counsel began their careers as federal prosecutors and have particular expertise in trying complex jury cases. They have each developed insights into the way prosecutors build their cases and present them to triers of fact, enabling our trial teams to anticipate the course of a trial and structure defenses that can resonate with juries. We also have used our trial skills to handle a significant number of civil trials and arbitrations and have amassed an impressive record. For example, Rich Morvillo has defeated the SEC in several cases, and Greg Morvillo and Pete Putzel obtained a favorable result in the “NYSE specialist” case brought by the SEC.

Our firm’s focus is advocacy. As advocates, we believe that representing clients on appeal requires special skills, which begins with the understanding that an appellate judge looks at cases with a different eye from a trial judge. Our attorneys are experienced in speaking effectively to appellate judges: We take cases that are factually and legally complex and present them in briefs that are authoritative yet creative, crisp, and persuasive.

Applying this approach, our attorneys have represented clients on appeal in the courts of various states, in federal circuits across the country, and in the United States Supreme Court. We have represented clients before administrative appellate tribunals as well.

Our current matters include representing the a former executive of Level Global in an appeal to the Court of Appeals for the Second Circuit seeking to overturn his criminal conviction for insider trading; this appeal raises legal issues that could shape the insider trading laws and how Wall Street operates. We are also representing the former CEO of a health network in an appeal of his criminal conviction to the United States Court of Appeals for the Second Circuit. Notable recent experience includes a successful effort to persuade the United States Court of Appeals for the Second Circuit to reverse a client’s criminal conviction for conspiracy and securities fraud. Other recent experience includes our partners’ work for Martha Stewart, who appealed her conviction, and for former AIG CEO Maurice “Hank” Greenberg, who appealed a ruling in his dispute with the Office of the New York Attorney General.

In addition to our work representing parties on appeal, we have written amicus briefs in critical cases. We also have employed our appellate skills at the trial level, helping clients and other counsel develop legal strategy from the beginning of complex cases. In the same vein, we have helped trial counsel preserve issues for appeal and draft post-trial motions for trial courts.


 

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