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Scott M Himes

Scott M Himes

March 30, 2012 | New York Law Journal

Pre-Action Disclosure of Internet Speakers' Identities

Scott M. Himes, a member of Stillman & Friedman, writes that although using it for this purpose raises unsettled issues, New York's pre-action disclosure statute provides a well-suited mechanism for unmasking an electronic speaker's identity, offering broader pre-action discovery than comparable federal procedure.

By Scott M. Himes

14 minute read

October 31, 2011 | New York Law Journal

Implications of 'Janus' for Securities Fraud Liability of Corporate Insiders

Scott M. Himes, a member of Stillman & Friedman, writes: Although Janus' "ultimate authority" rule seemingly is another bright-line approach in securities law, applying it might not be so easy. Already the lower courts have differed on whether Janus applies to corporate insiders.

By Scott M. Himes

15 minute read

September 30, 2010 | New York Law Journal

Ruling Clarifies Preclusion of State Court Fraud Actions

In his Securities Litigation column, Scott M. Himes, a member of Stillman, Friedman & Shechtman, writes that though it is now more than a decade since Congress imposed stricter requirements on securities fraud actions in the federal courts, tension remains between those requirements and plaintiffs' efforts to sidestep them by bringing securities-related claims in the state courts, as a recent Second Circuit decision illustrates.

By Scott M. Himes

16 minute read