Appellate

The firm’s appellate practice is well-established in Florida and various federal circuit courts of appeal.  Mr. Schoeppl has represented a diverse array of clients ranging from the Republic of Ecuador in a case before the United States Court of Appeals for the Eleventh Circuit in Aquamar, S.A. v. Del Monte Fresh Produce N.A., Inc., 179 F.3d 1279 (11th Cir. 1999),  to a death row inmate before the Florida Supreme Court in Williamson v. State, 681 So. 2d 688 (Fla. 1996), and appears regularly on behalf of clients in appellate matters before the United States Court of Appeals for the Eleventh Circuit and other federal circuit courts, and before the Florida Supreme Court and Florida District Courts of Appeal.  Due to the complex nature of  certain appellate matters, the firm is often faced with briefing significant legal questions, issues of first impression, and even novel legal theories.   For example, the firm handled an appeal before the United States Court of Appeals for the Eleventh Circuit in SEC v. Yun,  327 F.3d 1263 (11^th Cir. 2003) which dramatically changed the law of insider trading by establishing the requirement that the SEC prove the existence of a tipper benefit in an insider trading case based upon the misappropriation theory of liability.  Recently, the firm secured a reversal in another case before the United States Court of Appeals for the Eleventh Circuit in Freeman v. JP Morgan Chase Bank, N.A., 137 F. Supp. 3d 1284 (M.D. Fla. 2015), rev’d and remanded, 675 F. App’x 926 (11th Cir. 2017).  In Freeman, the Eleventh Circuit confirmed that a bank owes duty of care to a noncustomer for its customer’s misappropriation when a fiduciary relationship exists between the customer and the noncustomer, the bank knows or ought to know of the fiduciary relationship, and the bank has actual knowledge of the customer’s misappropriation.  In total, Mr. Schoeppl has over 100 reported decisions at both the appellate and trial court levels in commercial litigation and securities matters.   Mr. Schoeppl is admitted to practice in Florida, New York, the District of Columbia, the U.S. Supreme Court, the U.S. Court of Appeals for Second, Sixth, Ninth, Tenth, Eleventh Circuit, and Federal Circuits, the U.S. Court of Military Appeals, and the U.S. District Courts for the Southern, Middle District, and Northern District of Florida, the Southern, Northern, Eastern, and Western Districts of New York, the District of Columbia, the Southern District of Indiana, the Eastern District of Michigan, the District of Nebraska, and the Eastern District of Wisconsin.