Robert Lynch on App Store Disputes: Appeals, Account Terminations, and Getting Paid

Expert interview · Skala

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Skala: Robert, could you start with your background and the kind of work you do?

Robert: I’m a New York-licensed attorney in Buzko Legal’s litigation practice. I graduated from Fordham Law in 2022 and the University of Nebraska in 2018. My work includes commercial disputes involving technology businesses, digital assets, and investment ventures.

Platform disputes are a substantial part of that work: apps being removed, developer accounts being terminated, complaints from competitors, and payments being held back. They involve some familiar commercial-law questions, but the consequences arrive very quickly. A developer can lose access to its customers while it is still trying to understand the notice.

Skala: What makes these cases different from an ordinary contract dispute?

Robert: What makes these disputes different is that the developer often needs to keep working with the platform it is challenging. Getting an app restored solves the immediate problem, but you also need to understand what triggered the action and address any unresolved issues that could lead to another removal. That affects how we approach the case, from the first appeal to any settlement discussions.

There’s also a lot of information inside the platform that the developer cannot see. You may have a short notice citing a broad rule, followed by an unsuccessful appeal. Before choosing a legal argument, you need to work out what decision was actually made and what facts might have triggered it.

The App Store disputes guide I co-authored separates those situations. An IP complaint, an app rejection, and an account termination can require quite different responses.

Skala: An account-termination email arrives. What should the founder do first?

Robert: Preserve the record. The notice, previous review messages, appeals, submitted screenshots, release history, and financial reports. Preserve the originals before changing anything.

Then establish the deadline and the account’s actual status. Is termination pending? Has it taken effect? Is one app affected, or the whole account? Those details determine what you can still ask the platform to do.

Skala: You published a case study on September 4 about stopping a pending Apple termination. What changed the outcome?

Robert: The response became much more specific. The problem initially appeared to concern app metadata, but Apple’s feedback showed a wider concern about repeated issues across the account. Correcting the latest submission did not fully address that concern.

We helped the developer revise its appeal strategy after Apple’s feedback showed that the issue was broader than the latest metadata rejection. Through App Review calls and an account-wide review, we identified Apple’s concerns, addressed verified problems, and developed a concrete improvement and prevention plan. Apple ultimately confirmed that the account would not be terminated and restored the apps and account functions.

The case study explains the changes in the appeal. The key point is that the termination was still pending when we became involved and was ultimately reversed.

Skala: So a rejected appeal is not necessarily the end?

Robert: It depends on whether there is something useful left to add. A new fact, a completed correction, or a concrete answer to the platform’s latest concern can justify another submission. Rewording the same appeal usually adds very little.

Skala: At what point does it make sense to sue?

Robert: When we can identify a viable claim, evidence to support it, and a remedy worth pursuing. The commercial stakes alone cannot supply a missing legal claim.

Apple’s Developer Program License Agreement, the main agreement governing a developer’s distribution of apps through the App Store, can make a removal difficult to challenge. In March 2026, the court dismissed Musi v. Apple with prejudice, relying on a provision that allowed Apple to stop distributing an app “with or without cause,” provided it gave notice. The court held that the implied covenant of good faith and fair dealing could not override that express contractual right. Our firm’s analysis of the Musi ruling explains why a developer needs to identify a specific legal basis for challenging removal beyond arguing that Apple acted unfairly.

Skala: What is an example where litigation helped get an app back?

Robert: In Sarafan’s dispute with Google and Meta, Google removed the Reely app after a trademark complaint connected to Instagram’s Reels branding. We filed suit and sought a temporary restraining order. The parties reached a settlement providing for reinstatement.

The case settled before a final ruling on the merits, but the client achieved the immediate goal of getting the app reinstated.

Skala: What if the problem starts with a competitor’s complaint?

Robert: I’d first want to understand who is making the complaint and what they are actually claiming. A complaint from a large company may need to be handled differently from one brought by a smaller competitor or an individual. Then I’d look closely at the rights being asserted and the specific material being challenged. The name? The icon? Screenshots? Something inside the product?

We’ve handled these disputes from both sides, both bringing complaints and defending developers against them, and have successfully resolved matters on both sides. That experience helps us see where the real pressure points are. The goal is to narrow the dispute, address the actual complaint, and make sure the platform has a clear record of the developer’s position and any changes that have been made.

Skala: If the account stays closed, can the developer still recover the money?

Robert: Potentially, yes. I would examine the payment provisions separately. An agreement may give a platform broad authority to end access while placing different limits on its ability to keep accrued revenue.

Our published experience includes a 2026 Apple matter involving more than $350,000 in withheld proceeds. Following a demand letter and communications with Apple’s outside counsel, Apple released the balance. The account was not reinstated, but the payment issue was resolved.

For a founder trying to pay the team, that distinction is very practical.

Skala: Are there any recent platform policy changes developers should be paying attention to?

Robert: Apple’s June 2026 change to its spam rule. It expressly addresses the continued availability of certain apps already on the store. Prior approval does not mean an app is insulated from later review under the rule. 

I would keep release records, evidence of meaningful improvements, and useful customer metrics. The analysis I wrote about the revised rule explains which categories Apple identifies and where the wording leaves room for judgment.

Skala: What could a small team do now that would make a future dispute easier to handle?

Robert: Keep a clear record of the account history, including platform notices, appeals, prior submissions, and any changes made in response. If a serious issue comes up, especially a threatened termination, you want to be able to understand quickly what happened across the account and whether there are any unresolved issues that need to be addressed before the next appeal.

I’d also keep clear records showing who owns or licenses the code, branding, and other material used in the app. Those documents can become important very quickly if the dispute involves a third-party complaint or questions about the developer’s rights to the product.

Skala: And what should someone send you when asking for help?

Robert: Send us the platform’s notice, the deadline, the relevant account and app information, and the correspondence so far, including any prior appeals. It also helps to tell us briefly what happened and what you are trying to achieve, whether that is avoiding a termination, getting an app reinstated, responding to a complaint, or recovering withheld payments. From there, we can usually identify what else we need and what the best next step is.

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Robert Lynch is a New York-licensed attorney in Buzko Legal’s litigation practice. Read his professional background or request an assessment through the firm’s App Store and Tech Platform Disputes practice. Skala is affiliated with Buzko Legal.