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B Colby Hamilton

B Colby Hamilton

July 11, 2017 | New York Law Journal

Twitter Users Blocked by President Trump File First Amendment Suit

A 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 Dismissal

Shifting 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 Conviction

With 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 Admonishment

The 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 Scheme

Gerald 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 Work

Plaintiffs 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. Murphy

The 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 Justice

An 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 Error

An 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 Complaint

Southern 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