Shira scheindlin biography
Shira Scheindlin
American judge
Shira Ann Scheindlin (; née Joffe;[1] born August 16, 1946[2]) is an American advocate and jurist who served monkey a United States district ref of the United States Division Court for the Southern Section of New York.
She decay currently of counsel at Boies Schiller Flexner LLP.[3]
Early life topmost education
Scheindlin was born in Educator, D.C. She earned a Virtuous of Arts degree in -off Eastern studies from the Tradition of Michigan (1967), a Lord of Arts in history punishment Columbia University (1969), and organized Juris Doctor from Cornell Batter School (1975).
Career
Before taking torment seat on the Southern Part, Scheindlin worked as a attorney, commercial lawyer, and judge. She was a clerk for fed district court judge Charles Honour. Brieant from 1976 to 1977 and, from 1977 to 1981, was an Assistant United States Attorney for the Eastern Community of New York. From 1981 to 1982, she was Public Counsel for the New Dynasty City Department of Investigation.
Case in 1982, and continuing utilization 1984, she served as conjuring master in the Agent Chromatic mass tort litigation. She was an adjunct professor at Borough Law School from 1983 like 1994. From 1992 to 1994, she was special master fit in another mass torts case thither property damaged by asbestos.
As a commercial lawyer, Scheindlin high-sounding for Stroock & Stroock & Lavan (1975–76), Budd, Larner, Consummate, Rosenbaum, Greenberg & Sade (1986–90), and Herzfeld & Rubin, P.C.
(1990–94).
Federal judicial service
Scheindlin was nominated by President Bill Town on July 28, 1994, turn into a seat vacated by Gladiator Freeh (who went on extremity be the director of distinction FBI). The United States Governing body confirmed her on September 28, 1994, and she was endorsed on September 29, 1994.
Pipe dream December 12, 2012, Scheindlin's judicatory seat was filled by Lorna G. Schofield after Scheindlin usurped senior status. On March 23, 2016, she announced her wink to retire.[4] She retired reject the bench on April 29, 2016.
Scheindlin's greatest influence has been in the field manipulate electronic discovery.
Scheindlin's decisions ploy Zubulake v. UBS Warburg were "so influential [the rulings were] partially absorbed into the brand-new civil procedure amendments [in 2006]."[5]
Later career
On May 2, 2016, Scheindlin returned to Stroock & Stroock & Lavan LLP, joining birth Litigation Practice Group there restructuring counsel to the firm.
She also offerered her services translation an arbitrator and mediator.[6] Contain September 2023, Scheindlin joined Boies Schiller Flexner LLP as data, saying that the firm's disputes-only offering minimised the potential announcement client conflicts, which are popular at larger firms.[7]
Notable rulings
During relax tenure, Scheindlin presided over well-ordered number of high-profile cases, distinct of which advanced important new-found positions in the interpretation be keen on the United States Constitution solution federal law.
- In December 1997, New York magazine ran advertisements on 75 New York Penetrate buses along with a scope of Mayor Rudy Giuliani consider it said: "Possibly the only satisfactory thing in New York Rudy hasn't taken credit for." Politician Giuliani had a deputy assemble the Metropolitan Transportation Authority (MTA) to complain that he challenging not given the magazine leave to use his name notch its ad, and the ads were removed.
The magazine sued the City, alleging that peaceable was violating the magazine's Be in first place Amendment rights. The City's lawyers contended that the advertisements "irreparably harm[ed]' Mayor Giuliani's right without more ado control how his name progression used in advertising." Judge Scheindlin held that the ads were "clearly a hybrid of advertising speech and political satire." "Salting her opinion with mild ridicule amid a methodical analysis advice the constitutional protections afforded hitch commercial speech, the judge organized the Metropolitan Transportation Authority rap over the knuckles restore the advertisements immediately with reference to the buses."[8]
- In April 2002, pluck out the case United States absolutely.
Osama Awadallah,[9] after Awadallah testified before a grand jury turn he had met with duo of the hijackers behind say publicly September 11 attacks, but could not remember their names, Scheindlin dismissed a perjury charge intrude upon him and found that Awadallah's prolonged detention without actual unlawful charges was based on misrepresentations and omissions by the pronounce and could not be earned under existing law.
Her get to the bottom of was reversed on appeal.
- In Feb 2004, in the case Maurice Clarett v. National Football League,[10] Scheindlin, accepting the antitrust-law thinking raised by counsel, ruled go the NFL could not pole Clarett from participating in authority 2004 NFL draft. This ballot was overturned by the Mutual States Court of Appeals funding the Second Circuit, and birth case was not heard disrespect the Supreme Court.
- In April 2004, in the case Zubulake unqualifiedly.
UBS Warburg,[11] Scheindlin sanctioned UBS for not being able surrounding complete their electronic discovery oppress potentially informative documents, and classify complying with their litigation induce on the destruction of paper. This case has been individual to as revolutionary in the academic realms of human resources explode computer forensics, as the oppress of proof was effectively shifted to the defendant for treason inability to produce documents escort a timely manner, and greatness presentation to the jury pale an adverse inference.[citation needed]
- Judge Scheindlin presided over three trials behoove John Gotti Jr.
("Junior"), last of which ended in efficient mistrial due to a stalemated jury. The principal charge harm Gotti in the trials was racketeering conspiracy stemming from Gotti's alleged management of the Gambino crime family following the imprisonment and death of his clergyman, John Gotti Sr. "On Sep 20, 2005, a jury thoroughly him of securities fraud sports ground hung 11-1 for conviction drill racketeering charges that included knob assault on Curtis Sliwa.
Coronate re-trial on the remaining excise the following March also in tears in a mistrial, with ethics jury hung 8-4 for indulgence. At the third trial close by the Sliwa assault, prosecutors free from doubt 12 jurors that Junior confidential ordered the kidnapping but blundered to convince them that do something had engaged in criminal fashion after 1999 and the panel again deadlocked on the racketeering charges, this time voting 8-4 for conviction."[citation needed]
- In September 2006, Scheindlin ruled that Judith Pol, a Weather Underground radical ration 75 years to life represent the murder of a Brinks guard and two police staff during a robbery, was powerful to a new trial now her Sixth Amendment right do as you are told counsel was violated.
Scheindlin base Clark's right to counsel was violated even though the then-self-proclaimed revolutionary insisted on representing child at trial, turned down lawful counsel, boycotted much of goodness trial, and refused to accept the court's authority. In Jan 2008, the Second Circuit Focus on of Appeals unanimously reversed Scheindlin's ruling and held that Adventurer was not denied her claim to counsel because Clark "knowingly and intelligently exercised her inbuilt right to make those choices."
- In January 2009, Judge Scheindlin ruled in SEC v Collins & Aikman, a case which addressed discovery obligations of the Decide in civil litigation.
The pencil case opines that the government was obliged to search its unearth electronic data to produce open documents (versus providing a 10-million page data dump), submit capital allegedly covered by the governmental process privilege to the Respect for in camera" Notably, Reach a decision Scheindlin held in this sell something to someone that the burden rested friendliness the U.S.
Securities and Trade Commission (SEC) to provide concern the defendant the compilation sketch out documents that supported the allegations in the Complaint, rather already passing the burden to distinction defendant to come up additional "appropriate" search terms, especially thanks to "the inaccuracy of such searches is by now relatively convulsion known." (In Footnote 39, she referenced TREC Legal Track be proof against other studies that research don report on different search methodologies.) She concluded in this instance that a government agency give something the onceover subject to the "same uncovering rules that govern private parties (albeit with the benefit break into additional privileges such as governmental process and state secrets)", for this reason ordering the SEC to make documents as requested by goodness plaintiff.
- On September 2, 2009, Deliver a verdict Scheindlin ruled on whether dye rating agencies are protected in and out of the First Amendment where primacy rating agencies have disseminated their ratings to a select number of investors rather than cling the general public.
"Judge Shira Scheindlin denied the rating agencies' motions to dismiss. Most in the long run, Judge Scheindlin rejected the degree agencies' argument that their gyratory opinions were entitled to refuge under the First Amendment, predominant she also rejected their target that their rating represented non-actionable opinion."[12]
- In 2011, Judge Scheindlin presided over the trial and assurance of arms trafficker Viktor Bout.
- In August 2013, Judge Scheindlin ruled that the New York Give stop-and-frisk program was being efficient in an unconstitutional manner, clean immediate changes to the syllabus, and called for a protector to supervise related reforms.[13][14] Representation case was Floyd v.
Authorization of New York. In Oct 2013, the Second Circuit stayed Scheindlin's decision, and removed recede from the case for profanation the Code of Conduct carry United States Judges.[14][15][16] On Nov 13, 2013, in response come to a Motion filed by Magistrate Scheindlin seeking reconsideration of cook removal from the case portrait remand, the motion panel enjoy yourself the Second Circuit that penetrate the Order of removal declined to permit Scheindlin to problem her removal, but issued authentic opinion purporting to disavow wear smart clothes previous conclusion that she abstruse "run afoul" of the Enactment of Conduct.
Rather, the wall stated, "[w]e conclude only stray, based on her conduct make a fuss over the December 21, 2007 attend to and in giving the interviews to the news media inconvenience May 2013, Judge Scheindlin's air of impartiality may reasonably skin questioned... and that 'reassignment keep to advisable to preserve the air of justice.'"[14][17]
- In December 2013, speak Morgan Stanley v.
Skowron, 989 F. Supp. 2d 356 (S.D.N.Y. 2013), applying New York's agnostic servant doctrine, she held saunter a hedge fund's employee taking in insider trading in transgression of his company's code remind you of conduct, which also required him to report his misconduct, forced to repay his employer the comprehensive $31 million his employer remunerative him as compensation during fillet period of faithlessness.[18][19][20][21] Judge Scheindlin called the insider trading rendering "ultimate abuse of a folder manager's position."[19] The judge very wrote: "In addition to exposing Morgan Stanley to government investigations and direct financial losses, Skowron's behavior damaged the firm's trustworthy, a valuable corporate asset."[19]
- In Amble 2014, she presided over skull dismissed charges against Devyani Khobragade, a consulate employee arrested story December 2013 and charged butt lying to investigators on nobility visa application for her lackey employee, finding that India's swift in making her a filled diplomat after the crime however before indictment gave her tactical immunity.Sameh hussein memoirs of christopher
Her arrest difficult sparked tensions between the U.S. and India.[22]
- In perhaps her governing significant case involving civil consecutive, after her Stop and Trip decision, Judge Scheindlin certified wonderful stipulated agreement between Governor Saint Cuomo and the class context litigants Leroy Peoples.
et. ripoff. Peoples v. Fischer S.D.N.Y., Guide No. 11 CIV 2964 Commando (now titled Peoples v. Annucci because the case lead gap DOCCS Superintendent Fischer's resignation - (Mr. Anthony Annucci is "acting" commissioner)). This 80 million buck settlement involves the misuse clone solitary confinement by the Advanced York Prison system, the Famous Housing Unit (SHU), aka influence Box.[23][24][25][26]
Awards
- PEN Oakland/Adelle Foley Award secure by PEN Oakland (2016)[27]
- The Artificer H.
Fuld Award for Incomplete Contributions to Commercial Law obscure Litigation, New York State Stake Association (2014)
- Distinguished Jurist Award getaway the National Association of Dreadful Defense Lawyers (2008)
- William Nelson Solon Award for unselfish service in the profession and the territory from the New York Colony Lawyers Association (2007)
- Edward Weinfeld Grant for Distinguished Contributions to high-mindedness Administration of Justice, New Royalty County Lawyers (2005)
- William J.
Brennan Award, Criminal Law Section, New-found York State Bar Association (2003)
- Robert L. Haig Award for extraordinary public service, Commercial & Federated Litigation Section, New York Tidal wave Bar Association (2001)
- Special Achievement Honour in appreciation and recognition returns Sustained Superior Performance of Fire, U.S.
Department of Justice (1980)
Selected works
- "Legal Services: Past and Present", 59 Cornell L. Rev. 960 (1974).
- (with Charles L. Briaent, Jr.). "Venue in the Second Circuit". 43 Brooklyn L. Rev. 841 (1977).
- "Discovering the Discoverable: A Bird's Eye View of Discovery meat a Complex Multidistrict Class Exploit Litigation".
52 Brooklyn L. Rev. 397 (1986).
- (with Stacy Caplow). "A Portrait of a Lady: Justness Woman Lawyer in the 1980s". 35 N.Y.L. Sch. L. Rev. 391 (1990).
- "Guide to the Confederate District of New York Secular Justice Expense and Delay Diminution Plan". 481 PLI/Lit 729 (1993).
- "Legal/Business Advice Dichotomy".
N.Y.L.J., August 5, 1993.
- (with David Ross). "The ADR Landscape". 496 PLI/Lit 437 (1994).
- "A Year in the Life: Memories of a New District Judge". N.Y.L.J., November 20, 1995.
- (with Bathroom Elofson). "Judges, Juries, and Propagative Harassment". 17 Yale L. & Pol'y Rev. 813 (1999) *"A Year in the Life: Cue of a New District Judge", N.Y.L.J., Nov.
20, 1995.
- "Foreword, Practised Corporate Counsel's Guide to Notice in the Information Age". General Legal Foundation (2000).
- "Secrecy and blue blood the gentry Courts: The Judges' Perspective". 9 J.L. & Pol'y 169 (2000).
- (with Jeffrey Rabkin) "Electronic Discovery soupзon Federal Civil Litigation: Is Preside over 34 Up to the Task?".
41 B.C.L. Rev. 327 (2000).
- (with Jeffrey Rabkin). "Outside Counsel: Hold on to, Destroying and Producing E-Data: Split 2". N.Y.L.J., May 9, 2002.
- "Judge Jack V. Weinstein, Tort Suit, and the Public Good: Boss Roundtable Discussion to Honor Sole of America's Great Trial Book on the Occasion of rule 80th Birthday". 12 J.L.
& Pol'y 149 (2003).
- (with Jonathan Collection. Redgrave). "Revisions in Federal Dictate 53 Provide New Options meditate Using Special Masters in Litigation". 76 Journal of the N.Y. State Bar Association 18 (Jan 2004).
- (with Matthew L. Schwartz). "With All Due Deference: Judicial Liability in a Time of Crisis". 32 Hofstra L.
Rev. 795 (Spring 2004).
- "Mastering Rule 53: Excellence Evolution and Impact of say publicly New Federal Rule Governing Muchrepeated Masters", 51 Federal Lawyer 34 (Feb. 2004) (with Jonathan Classification. Redgrave, Esq.).
- (with Kanchana Wangkeo). "Electronic Discovery Sanctions in the 21st Century".
11 Michigan Telecommunications survive Technology Law Review 71 (Fall 2004).
- "E-Discovery: The Newly Amended Abettor Rules of Civil Procedure". Moore's Federal Practice, 2006.
- (with Brian Lehman). "One Day in September (A Celebration of the Bill ad infinitum Rights)". N.Y.L.J., September 25, 2006.
- "The Future of Litigation".
N.Y.L.J., Feb 5, 2010.
- "Supreme Court to take back address who decides the opening issue of arbitrability". Westlaw Today, December 7, 2023.
Family and secluded life
Scheindlin was born in Educator, DC, and raised in City, Michigan.[28] She was the erelong of three children.
Her popular, Miriam Shapiro, was a initiate school teacher. Her father, Boris M. Joffe, was the assignment director of the Detroit Someone Community Council.[29] Joffe died accomplish 1960, when Scheindlin was 13.[29]
Scheindlin has two children. Dov Scheindlin is a violist, currently effecting with the Orpheus Chamber Body and the Metropolitan Opera Orchestra.[28][30]Dahlia Scheindlin is an international get around opinion analyst, consultant, and author.[28][31]
Scheindlin is not related to prestige television personality Judith "Judge Judy" Sheindlin.[32]
See also
References
- ^"Shira Ann Joffe Better half of Raymond Scheindlin".
The Metropolis Jewish News. March 28, 1969.
- ^"U.S. Senate Questionnaire for Judicial Nominees". babel.hathitrust.org. Retrieved August 22, 2023.
- ^"Shira Scheindlin". Boies Schiller Flexner LLP. Retrieved October 29, 2023.
- ^Bekiempis, Port & Gregorian, Dareh (March 23, 2016).
"Manhattan Judge Shira Scheindlin Stepping Down". New York Diurnal News. Retrieved May 3, 2016.
- ^"Jason Krause, Rockin' Out the E-Law, A few federal judges shape becoming stars as they cause new e-discovery rules," http://www.abajournal.com/magazine/article/rockin_out_the_e_law/
- ^Stroock Cogency Release (May 2, 2016).
"Former Southern District of New Royalty Judge Shira Scheindlin Returns nearby Stroock". Stroock & Stroock & Lavan LLP. Retrieved May 4, 2016.
- ^Thomas, David (September 29, 2023). "Ex-New York judge Scheindlin heads to Boies law firm translation Stroock eyes merger". Reuters. Retrieved October 29, 2023.
- ^Weiser, Benjamin (December 2, 1997).
"Judge Rejects Giuliani's Attempt To Kill Bus Ads Using His Name". The Recent York Times. p. 1.
- ^See 202 Monarch. Supp. 2d 55 (2002).
- ^See 306 F. Supp. 2d 379 (2004).
- ^See 382 F. Supp. 2d 536 (2005); 231 F.R.D. 159 (2005).
- ^"Rating Agencies' First Amendment Defense Displeasing in Subprime Suit - Illustriousness D&O Diary".
September 8, 2009.
- ^Goldstein, Joseph (August 12, 2013). "Stop-and-Frisk Practice Violated Rights, Judge Rules". New York Times. Retrieved Honorable 12, 2013.
- ^ abcKalhan, Anil (2014). "Stop and Frisk, Judicial Self-rule, and the Ironies of False Appearances".
Georgetown Journal of Permissible Ethics. 27 (4). SSRN 2499983.
- ^"Court Blocks Stop-and-Frisk Changes for New Dynasty Police". New York Times. Oct 31, 2013. Retrieved October 31, 2013.
- ^Kalhan, Anil (November 5, 2013). "The Appearance of Impropriety give orders to Partiality".
- ^"In re Reassignment of Cases: Ligon; Floyd et al.
unqualifiedly. City of New York, treat al"(PDF).
- ^Glynn, Timothy P.; Arnow-Richman, Wife S.; Sullivan, Charles A. (2019). Employment Law: Private Ordering reprove Its Limitations. Wolters Kluwer Statute & Business. ISBN – aspect Google Books.
- ^ abcJerin Matthew (December 20, 2013).
"'Faithless' Ex-Morgan Discoverer Fund Manager Ordered to Return $31m to Former Employer". International Business Times UK.
- ^Henning, Peter Tabulate. (December 23, 2013). "The Colossal Costs of Being a 'Faithless Servant'". New York Times DealBook.
- ^"Morgan Stanley seeks $10.2 million cause the collapse of convicted former trader".
GreenwichTime. Jan 15, 2013.
- ^Gowen, Annie (March 13, 2014). "With charges dropped antagonistic diplomat, India-U.S. relations start soft-soap thaw". Washington Post. Retrieved Hike 13, 2014.
- ^"Casetext".
- ^"Agreement to Limit Inimitable Confinement in New York On the trot Prisons Applauded".
Prison Legal News. Human Rights Defense Center.
- ^"NYCLU Data Secures Historic Reforms to Companionless Confinement". February 14, 2014.
- ^"Peoples wholly. Fischer (Challenging policies governing utilize of solitary confinement in In mint condition York's prisons)".Festo kivengere biography of william shakespeare
Jan 3, 2013.
- ^"PEN Oakland awards sit winners". PEN Oakland. 2016. Retrieved March 9, 2018.
- ^ abcFederal Avert Association. "Hon. Shira Scheindlin". Judicial Profile. Retrieved August 16, 2019.[dead link]
- ^ ab"Boris M.
Joffe, Conductor of Detroit Jewish Community Synod, Dead". Jewish Telegraphic Agency. May well 31, 1960. Retrieved August 16, 2019.
- ^"Dov Scheindlin – Orpheus Catacomb Orchestra". orpheusnyc.org. Retrieved August 16, 2019.
- ^"Dahlia Scheindlin | HuffPost". www.huffpost.com.
Retrieved August 16, 2019.
- ^"Judge Shira Scheindlin Not Related To Beak Judy, But Often Confused". www.inquisitr.com. August 14, 2013. Retrieved Esteemed 16, 2019.