Brian Ginsberg is a partner in Harris Beach’s Appellate Practice Group, where he leads appeals spanning a broad spectrum of industries and legal issues in federal and state courts in New York and across the country. A nationally recognized appellate litigator, Brian is a veteran of the Office of the New York State Solicitor General, the elite unit responsible for representing the state in some of its most economically, politically, and socially significant appeals, including appeals in the U.S. Supreme Court. In addition to his appellate work, Brian collaborates on cases at the trial level to help shape legal strategy, litigate critical motions, and direct other key tasks that benefit from his focused analysis, rigorous brief writing, and strong oral advocacy. Brian also guides clients through administrative proceedings that present novel or substantial legal questions.
Brian has handled hundreds of appeals and critical motions over the course of his career. A seasoned courtroom lawyer, he has personally argued 85 appeals, including 21 in the U.S. Court of Appeals for the Second Circuit and seven in the New York State Court of Appeals. Brian’s cases have covered numerous industries, such as financial services, entertainment, healthcare, telecommunications, energy, transportation, gaming and wagering, and consumer products. Brian’s cases have also encompassed a diverse array of legal subjects: administrative law, constitutional law, class-action defense, intellectual property, tax, insurance, bankruptcy, arbitration, antitrust, professional malpractice, personal injury, civil rights, labor, employment, contractual disputes, business torts, whistleblower actions, elections and voting rights, land use, public safety and emergency-response, white-collar crime, and others. Many of Brian’s matters have attracted significant media attention.
In late June 2022, the U.S. Supreme Court denied certiorari in American Axle & Manufacturing v. Neapco Holdings, 939 F.3d 1355 (Fed. Cir. 2019), modified on pet. for reh’g, 967 F.3d 1285 (Fed Cir. 2020). The denial of certiorari let stand a...