ABA Journal

2nd Circuit Court

1123 ABA Journal 2nd Circuit Court articles.

Rehearing in Freelancer Copyright Case

A federal appeals court has agreed to rehear a case that considers whether freelance writers have rights to stories published in a magazine’s exact reproduction in digital CD-ROM format.

The…

Quattrone: ‘I Am Innocent’

Updated: A federal judge has approved a prosecution request to drop charges against former investment banker Frank Quattrone, whose conviction for obstruction of justice and witness tampering was overturned 17…

Enron Claims Ruling Overturned

A federal judge in New York has overturned a ruling in Enron bankruptcy litigation that had caused consternation on Wall Street.

U.S. District Judge Shira Scheindlin ruled that good-faith purchasers…

Guilty Plea in Extensive Insider Trading Scheme

A former analyst at Goldman Sachs Group Inc. has pleaded guilty to insider trading charges in a wide-ranging scheme to get advance corporate information from a Merrill Lynch employee, printing…

Quick Mistrial Bars Retrial

A federal appeals court has ruled that two executives cannot be retried for alleged securities law violations because a judge declared a mistrial too quickly.

The New York City-based 2nd…

Three-Time Loser Law Struck Down

Another federal judge has struck down New York’s persistent felony offender statute on Sixth Amendment grounds.

Two judges have held the state law improperly requires judges rather than juries to…

NBA Refs Lawyer Up in Betting Probe

The nation’s professional basketball referees have hired a criminal lawyer after an NBA announcement last week that it was retaining one of New York’s powerhouse corporate law firms to review…

Judges’ Secret Bias Revealed

The chief judge of the federal appeals court based in New York City has a startling confession to make: Judges have a secret bias in favor of all things legal,…

Cleric’s Appeal Challenges Spy Program

A Muslim cleric’s appeal of a terrorism conviction may represent the best chance of a federal appeals court ruling on the legality of a controversial wiretapping program.

Yassin M. Aref…

No Contempt Case if Lawyer Hosted Mob

A Manhattan lawyer who allegedly hosted meetings for organized crime members who were under court order not to associate with each other can’t be charged with contempt of court, a…

Sarbanes Case Against Lawyer Continues

The controversial prosecution of a Connecticut lawyer under the Sarbanes-Oxley Act for what he says was an unknowing destruction of evidence will proceed, a federal judge has decided.

Although Philip…

Sleeping Lawyer Claim Denied

Alfonso Williams, convicted of cocaine and crack charges, contends his trial attorney slept through his trial—and produced six witnesses who backed up his allegations.

But the judge who presided over…

Plea Deal in Tax Shelter Case

An investment adviser accused in an illegal tax shelter case involving KPMG has reached an agreement to plead guilty.

David Amir Makov could enter a guilty plea as early as…

Pension Suit Turns on Partner Definition

A “partner” who was denied pension benefits from her former law firm because she was not considered a shareholder will get a chance to prove she is entitled to the…

NY Gun Suit Survives

A federal judge has refused to dismiss a lawsuit filed by the city of New York that claims 15 out-of-state gun sellers engage in retail practices that lead to illegal…

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