July 11, 2017 | New York Law Journal
Twitter Users Blocked by President Trump File First Amendment SuitA group of Twitter users blocked by President Donald Trump are suing after a request to be unblocked on First Amendment grounds went unheeded.
By B. Colby Hamilton
3 minute read
July 11, 2017 | New York Law Journal
Panel Upholds Pharma Class Suit DismissalShifting fraud theories helped sink an attempted securities class action appeal by former employees of the pharmaceutical company Covis.
By B. Colby Hamilton
4 minute read
July 10, 2017 | New York Law Journal
Applying 'McDonnell,' Circuit Affirms Ex-Assemblyman's Public Corruption ConvictionWith the convictions of Sheldon Silver and Dean Skelos on appeal before the circuit, the ruling upholding the conviction of William Boyland Jr. is expected to play less of a role as precedent than as an example of the circuit committing to reviews of the facts of each case specifically to determine what, if any, of the U.S. Supreme Court's public corruption precedent should be applied.
By B. Colby Hamilton
6 minute read
July 07, 2017 | New York Law Journal
Judicial Commission Head Says OCA Alerted to AdmonishmentThe head of the state's Commission on Judicial Conduct is disputing the Office of Court Administration's explanation that allowed an acting state Supreme Court justice to stay on the bench 10 months after an admonishment should have demoted him.
By B. Colby Hamilton
5 minute read
July 07, 2017 | New York Law Journal
Ex-Broker Gets 18 Months for Securities Fraud SchemeGerald Cocuzzo pleaded guilty to a single count of securities fraud after prosecutors alleged he was part of a scheme to defraud investors in the LED lighting company ForceField by controlling the price and volume of its shares.
By B. Colby Hamilton
2 minute read
July 06, 2017 | New York Law Journal
Circuit, Again, Grants Attorney Fees—This Time for Appeal WorkPlaintiffs attorneys are able to collect fees for an appeal initiated by the defendants in back-and-forth litigation between the Second Circuit and the Northern District, the circuit held.
By B. Colby Hamilton
3 minute read
July 06, 2017 | New York Law Journal
Q&A With Sean M. MurphyThe first case on which Milbank, Tweed, Hadley & McCloy partner Sean Murphy was assigned right out of law school in the mid-1990s was in the somewhat unique securities litigation world created by the Investment Company Act of 1940. The beginnings were auspicious, as Murphy has become a leading litigator in the area, helping to make Milbank arguably the top firm to handle investor suits against investment advisers under the even more specific Section 36, which governs fiduciary duties.
By B. Colby Hamilton
8 minute read
July 05, 2017 | New York Law Journal
'Nobody Saw' Admonishment That Should Have Demoted Acting JusticeAn acting state Supreme Court justice was allowed to remain in his position for 10 months after being admonished by the state's Commission on Judicial Conduct, despite administrative rules barring disciplined acting justices from doing so.
By B. Colby Hamilton
6 minute read
July 05, 2017 | New York Law Journal
Civil Confinement Retrial Ordered Over Juror ErrorAn anonymous appellant has been granted a new trial after an Appellate Division, Second Department, panel found the lower court improperly allowed a biased juror to serve during a convicted sex offender's civil confinement trial in 2014.
By B. Colby Hamilton
3 minute read
June 30, 2017 | New York Law Journal
Specificity Matters: Judge Tosses Deutsche Securities Suit Over Deficient ComplaintSouthern District Judge Analisa Torres threw out a class action suit against Deutsche Bank, saying the complaint contained allegations "without any indication of what, specifically, plaintiffs allege to be false or misleading."
By B. Colby Hamilton
8 minute read
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