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Tag Archives: u.s. court of appeals for the second circuit

Second Circuit — Statutory Insiders: Roth v. The Goldman Sachs Group, Inc., et al.

U.S. Court of Appeals for the Second Circuit Statutory Insiders Expiration of Purchase Roth v. The Goldman Sachs Group, Inc., et al. 12-2509-cv Judges Winter, Cabranes and Livingston Background: The plaintiff sought to hold the defendants liable for failing to ...

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Second Circuit — Securities Fraud: USA v. DeMizio

U.S. Court of Appeals for the Second Circuit Securities Fraud Kickback Schemes USA v. DeMizio 12-1293 Judges Newman, Kearse and Livingston Background: The defendant appealed from a conviction of conspiracy to commit honest-services wire fraud and securities fraud and making ...

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Second Circuit — Terrorism: United States v. Thavaraja

U.S. Court of Appeals for the Second Circuit Terrorism Material Support — Sentencing — Mitigating Factors United States v. Thavaraja 12-4330-cr Judges Walker, Livingston and Chin Background: The defendant, a Sri Lankan native, was the principal procurement officer for the ...

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Second Circuit — Copyright: Swatch Group v. Bloomberg

U.S. Court of Appeals for the Second Circuit Copyright Company’s Investment Earnings Call — Fair Use Swatch Group v. Bloomberg 12-2412-cv(L) Judges Katzmann, Kearse and Wesley Background: The plaintiff had asserted a claim of copyright infringement. The plaintiff claimed that ...

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Second Circuit — Corporate Insiders: Steginsky v. Xcelera Inc.

U.S. Court of Appeals for the Second Circuit Corporate Insiders Duty to Disclose Material Nonpublic Information Steginsky v. Xcelera Inc. 13-1327-cv; 13-1892-cv Judges Walker, Cabranes and Parker Background: The plaintiff, a former minority shareholder of the defendant, appealed from the ...

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Second Circuit — Prevailing Wages: Ramos et al. v. Simplex Grinnell LP

U.S. Court of Appeals for the Second Circuit Prevailing Wages Interpretation — Agency Deference Ramos et al. v. Simplex Grinnell LP 12-4901-cv Judges Calabresi, Livingston and chin Background: The plaintiffs appealed from the grant of summary judgment in favor the ...

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Second Circuit — Fourth Amendment: McColley v. County of Rensselaer

U.S. Court of Appeals for the Second Circuit Fourth Amendment Probable Cause — False Statement McColley v. County of Rensselaer 12-2220-cv Judges Calabresi, Pooler and Raggi Background: The defendants appealed from a judgment denying summary judgment on their claim of ...

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Second Circuit — Reasonable Doubt: United States of America v. Clark

U.S. Court of Appeals for the Second Circuit Reasonable Doubt Possession of a Controlled Substance United States of America v. Clark 12-221-cr Judges Newman, Winter and Droney Background: The defendant appealed from his conviction of being a felon in possession ...

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Second Circuit — Preliminary Injunction: The Evergreen Association, Inc. v. City of New York

U.S. Court of Appeals for the Second Circuit Preliminary Injunction Severability — Likelihood of Success The Evergreen Association, Inc. v. City of New York 11-2735-cv(L) Judges Pooler, Wesley and Lohier Background: The defendant appealed from an order granting a preliminarily enjoined the ...

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Second Circuit — Previously-deported Alien: United States v. Macias

U.S. Court of Appeals for the Second Circuit Previously-deported Alien “Found in” in the United States United States v. Macias 12-3908-cr Judges Pooler, Raggi and Wesley Background: The defendant appealed from a judgment convicting of being “found in” the United ...

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