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Judge Sullivan Teaches Apple a Lesson

Activist investor David Einhorn’s hedge fund, Greenlight Capital, withdrew the highly publicized case it brought against Apple alleging that the tech giant tried to ram through a proposal in its annual proxy by “bundling” it with other less controversial proposals. But not before Judge Sullivan gave Greenlight a nice win, and left some important precedents … Continue Reading

Judge Crotty on Foreign Entanglements

Yulia Tymoshenko is the former prime minister of the Ukraine, and was one its most successful businesswomen, reportedly making a fortune in the natural gas industry. Today, however, she is serving a seven year prison sentence in the Ukraine for abuse of power and for working against the Ukraine’s interests while in office by agreeing … Continue Reading

Judge Nathan on The Velvet Underground and Declaratory Judgments

Lawyers of a certain age may remember Lou Reed and the Velvet Underground, one of the seminal counterculture rock bands of the 1960s. Their first album, The Velvet Underground and Nico, was sponsored by Andy Warhol, who also designed the album’s now iconic artwork in 1967: a banana image. Today, forty-five years later, Judge Nathan … Continue Reading

Judge Fox on the Importance of Filing Deadlines

Filing deadlines can’t be overlooked, even where your adversary consents to an extension. A busy court will still need to have a say. Exhibit 1 is Magistrate Judge Fox’s opinion in Graves v. Deutsche Bank Securities, which rejected opposition papers that were not timely served pursuant to S.D.N.Y. Local Rule 6.1. The Local Rule requires service of … Continue Reading