#2nd circuit

The DOJ Throws Cold Water on the Frosties NFT Founders

The U.S. Attorney’s Office for the Southern District of New York recently charged two individuals for allegedly participating in a scheme to defraud purchasers of “Frosties” non-fungible tokens (or “NFTs”) out of over $1 million. The two-count complaint charges Ethan Nguyen (aka “Frostie”) and Andre Llacuna (aka “heyandre”) with conspiracy to commit wire fraud in violation of 18 U.S.C. § 1349 and…

Things look even worse for MP3tunes founder after loss on appeal

https://www.articleblotter.com/things-look-even-worse-for-mp3tunes-founder-after-loss-on-appeal/

Joe Mullin – Oct 26, 2016 12:32 pm UTC The website MP3tunes.com is long gone now, but a legal battle between the EMI record label and MP3tunes founder Michael Robertson slogs on. The site, created as a kind of digital music locker, …

Thursday, September 15, 2016 – Sunday, September 18, 2016, New York, NY  

General Counsel-Who Hires, Who Fires, Who Determines Diversity in Selection of Outside Counsel and How is that Power Wielded?

Thursday, Sept. 15, 2016, 11am - 12:30pm - FREE CLE CREDIT PANEL: 

Moderated by George W. Madison, Partner, Sidley Austin LLP; featuring 

Alex Dimitrief, SVP & General Counsel, General Electric; 

Kimberley D. Harris, EVP, General Counsel, NBC Universal; 

Sandra Leung, EVP & General Counsel, Bristol-Myers Squibb Company; and 

Sandra L. Phillips, Group VP, GC and Chief Legal Officer, Toyota Motor North America

(Thurgood Marshall United States Courthouse, 40 Centre St., Courtroom #506)

Historic Reenactment of A Trial: Constance Baker Motley, James Meredith and The University of Mississippi

Thursday, Sept. 15, 2016, 1:45pm – 3:45pm -  FREE CLE CREDIT EVENT: 

Featuring: 

Judge Denny Chin (2nd Circuit) and 

Kathy Chin, Partner, Cadwalader, Wickersham & Taft LLP 

(Thurgood Marshall United States Courthouse, 40 Centre St., Courtroom #506)

Film Premiere, “The Trials of Constance Baker Motley,”

Thursday, Sept. 15, 2016, 4:00pm - 5:30pm FREE

Produced by Joel Motley, 

Followed by CLE CREDIT PANEL: 

Legacy of Honorable Constance Baker Motley

Moderated by Joel Motley, Managing Director, Public Capital Advisors; featuring: 

Justice Sonia Sotomayor (SCOTUS); 

Judge Laura Taylor Swain (SDNY); 

Judge Anne E. Thompson (DNJ); 

Judge Ann Claire Williams (7th Circuit); and 

Judge Kimba Wood (SDNY). 

Each jurist was mentored by Judge Motley. 

(Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Ceremonial Courtroom)

Voting Rights and the Unfinished Business of Selma

Saturday, September 17, 2016, 10:15am – 11:30am - FREE CLE CREDIT PANEL

Moderated by Gay J. McDougall, Distinguished Scholar-in-Residence, Leitner Center for International Law and Justice at Fordham Law School. Featuring: 

Sherrilyn Ifill, Executive Director, NAACP Legal Defense Fund; 

Deputy Asst. Attorney General Justin Levitt, Department of Justice’s Civil Rights Division; 

Jerry Vattamala, Director, Democracy Program for the Asian American Legal Defense and Education Fund; and 

Nancy Trasande, Senior Counsel, Latino Justice PRLDEF. 

(New York Marriott Marquis, 1535 Broadway, Marquis Ballroom, 9th Floor)

Glass Ceilings and Sliding Glass: What Must Women and Minorities Do to Succeed in the Next Frontier of Equal Justice Under the Law?

Saturday, September 17, 2016, 11:30am – 12:30pm - FREE CLE CREDIT PANEL

Moderated by Michele Coleman Mayes, Vice President& General Counsel, The New York Public Library and featuring 

Executive Vice-President & General Counsel Kimberly Harris of NBC Universal and 

Deputy General Counsel Rhonda McLean of Time, Inc. 

(New York Marriott Marquis, 1535 Broadway, Marquis Ballroom, 9th Floor)

The U.S. government asked a federal appeals court on Thursday to block the release of a report detailing how HSBC Holdings Plc <HSBA.L> is working to improve its money laundering controls after the British bank was fined $1.92 billion.

In a brief filed with the 2nd U.S. Circuit Court of Appeals, the U.S. Department of Justice sought to overturn an order issued earlier this year by U.S. District Judge John Gleeson to make public a report by the bank’s outside monitor.

“Public disclosure of the monitor’s report, even in redacted form, would hinder the monitor’s ability to supervise HSBC,” the government’s court filing said, adding that bank employees would be less likely to cooperate with the monitor if they knew their interactions could be released.

HSBC concurred with the court’s finding. “HSBC also argues that the Monitor’s report should remain confidential, as have the Monitor, the UK Financial Conduct Authority, the US Federal Reserve and other HSBC regulators,” HSBC said in a statement. “The effectiveness of the monitorship is dependent on confidentiality.”

A federal appeals court on Thursday said Microsoft Corp <MSFT.O> and other companies cannot be forced to turn over customer emails stored on servers outside the United States.

The 3-0 decision by a panel of the 2nd U.S. Circuit Court of Appeals in New York was a victory for privacy advocates, as well as for technology companies hoping to offer cloud computing and other services to customers around the world.

Circuit Judge Susan Carney said communications held by U.S. service providers on servers located outside the United States are beyond the reach of domestic search warrants issued under the Stored Communications Act, a 1986 federal law.

“Congress did not intend the SCA’s warrant provisions to apply extraterritorially,” she wrote. “The focus of those provisions is protection of a user’s privacy interests.”

Microsoft had been challenging a warrant seeking emails stored on a server in Dublin, Ireland, in a narcotics case.

I should have disclosed this in my previous article about Lynn Tilton, but my father works for one of her companies, and he has been there for 28 years.  I have personally never met her, but I admire her tremendously, and so does my father.

Earlier this year, my father came over to my apartment for dinner, and we discussed politics, The Walking Dead, and the state of his job.  Several times though his career, he thought the plant that he works at was going to close down.  If that were to happen, it would have put my father into financial ruin.  He does not really have a retirement nest egg, and there are not many other jobs in the small town he works in.  This is the case for all of the employees of the company.  Thankfully, Lynn Tilton saved the company several years back, along with saving my father’s job.  This is the reason I admire her so much.  We thought all hope was lost because no one, and I mean no one wanted to invest, or buy this company that was completely in ruins.  Lynn Tilton did, and my father and I will forever be in her debt.

The Fairy Tale however seems to be coming to an end as news broke earlier this year that the SEC was investigating Lynn Tilton for fraud.  I remember my father calling me up when he found out, and he was choking up on the phone, believing the plant was going to get shut down. At first I thought the SEC was always right, and I was angry with Lynn Tilton.  After I started doing research, I discovered that the SEC is about as corrupt as a Las Vegas casino.

Over the last few months I have become completely fascinated by Lynn Tilton’s story, and how she is battling the SEC.  Mark Cuban has even stepped up to defend her, explaining his own problems and frustrations with the SEC. I know what you are thinking, the SEC is ran by the government and is always trying to keep Wall Street honest right? No, maybe at one time, but today’s SEC is all about ego, and ignoring the Constitution.  Yes, ignoring the constitution.

Let’s talk about how law suits should work in America.  Let’s just say I accuse you of stealing my cheese.  Ideally, I would take you to court, and we would have educated third party judges, and lawyers defending us.  There is no bias, and at the end of the day, the evidence and best argument wins the game.  The SEC does not work like this.  With the SEC, they can accuse you, and take you to trial in an SEC court, where the prosecutor, and judge are on the SEC’s payroll.  SEC trials do not go to federal court.  So in other words, the Judge might as well be the prosecutor as well in an SEC court.  There is no third party to make an educated conclusion on whether you are guilty or innocent. This may be how they do things in North Korea, or China, but not how we should be conducting legal matters in the United States of America.

Saying that, I really sympathize for Lynn Tilton because I am watching her name get dragged through the mud by the press.  I have been watching her Twitter account, and you can tell this is a person who has a wonderful heart.  I wish we would see more articles from the media on how this woman got to be who she is today, and how she is inspiring today’s young generation of women to be more like her.

Judge upholds BIA decision on Oneida Nation land-into-trust bid

The Bureau of Indian Affairs can place more than 13,000 acres in trust for the Oneida Nation of New York, a federal judge ruled today.

The tribe filed its land-into-trust application in 2005 following the U.S. Supreme Court decision in Sherrill v. Oneida Nation. The ruling held that the tribe’s fee properties weren’t considered Indian Country.

After a lengthy review, the BIA published a record of…