Southern District of New York New Local Rules - Federal Practice and Procedure

The United States District Court for the Southern District of New York has adopted new local rules.  Access the new rules below:

Southern District of New York New Local Rules

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 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Free CLE: How Far Does The Constitution Reach? 5/23 FBA Program at SDNY

The Federal Bar Association and the Hispanic National Bar Associations present:  How Far Does the Constitution Reach?   The Insular Cases and the Territorial Clause of the U.S. Constitution (Puerto Rico and Overseas Territories 1898-Present)

Date: May 23, 2011
Time: 5:30 PM - 7:30 PM

Speaker:  Hon Gustavo Gelpi,  Federal District Judge, U.S. District Court, District of Puerto Rico

Location:  U.S. District Court for the Southern District of New York 500 Pearl Street, Ceremonial Courtroom (Reception Room 85).

Event Co-Chairs:  Diana Sen and Jay Safer

RSVP:  Tom Trivier at ttrivier@lockelord.com by May 20

Please join us!

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Second Circuit: June 23 Admissions Ceremony - Sign Up Now!

Federal Bar Association

Admissions Ceremony

United States Court of Appeals for the Second Circuit

June 23, 2011
4:00 p.m.

Daniel Patrick Moynihan U.S. Courthouse

Ceremonial Courtroom, 9th Floor

500 Pearl Street

New York, New York 10007

On June 23, 2011, the Second Circuit will be in session to entertain a motion sponsored by the Federal Bar Association, and co-sponsored by the Network of Bar Leaders, New York City Bar Association, New York County Lawyers’ Association, the New York State Bar Association and the Connecticut Bar Association to admit new members. A reception will follow in Room 850.

Pursuant to Local Rule 46.1 and the requirements set forth in the Attorney Admissions Application Form (available at www.ca2.uscourts.gov ), any attorney duly admitted to the practice of law and in good standing is eligible for admission to the bar of the United States Court of Appeals for the Second Circuit upon paying the filing fee of $190, reading Federal Rules of Appellate Procedure, the local rules of the Second Circuit, and completing the application. No prior admission to a federal district court is necessary.

The admission application is quick and simple. Space is limited, so applicants are urged to apply promptly to participate in this historic event.

Application Deadline: June 13, 2011
Submit the completed application to:

Thurgood Marshall U.S. Courthouse

c/o Admissions Clerk
40 Foley Square, Room 370

New York, New York 10007

TO RSVP or for more information, call: Aleksandra Kaplun at (212) 682-8811 or email akaplun@dunnington.com. If you would like the Federal Bar Association to act as your sponsor, please call Ms. Kaplun to make the arrangements.

For more information on the Federal Bar Association http://www.fedbar.org/

Printable and emailable PDF version embedded below:
Flyer for FBA 6 23 11 Second Circuit Ceremony 05 12 2011

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Foreign Languages In the Courtroom - A Challenge for the Trial Lawyer

A good illustration of how consecutive and simultaneous translation work in the courtroom setting, and an exercise to illustrate how difficult it is.



Conducting an effective direct or cross-examination of a witness who speaks a foreign language is difficult, even for the best trial lawyer. If the interpreter is not top-shelf, it can be disastrous. Advance preparation is essential, preserving objections and ensuring a clear transcript is essential.

If possible, have someone on your team who speaks the language: preserve your objections to mistranslations immediately or they will be waived.

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

SDNY Federal Bar Association CLE Program March 24: Due Process Limits to the Exercise of Personal Jurisdiction

The Federal Bar Association is sponsoring a CLE program on March 24 at the U.S. District Court - Southern District of New York - The Due Process Limits to the Exercise of Personal Jurisdiction.  Click on flyer below.

My partner Luke McGrath and Professor Robert Pfeffer will present.
Supreme Court Round-Up_FLYER

 http://www.dunnington.com/rdowd_bio.html
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Federal Bar Association Tackles Issue of Judicial Vacancies

The Federal Bar Association tackled the issue of judicial vacancies in a February 28 program at the Brookings Institute.   Video, audio and transcribed materials covering the proceedings here and here.   When there are not enough judges, cases take longer and become more expensive.

Join the Federal Bar Association if you are an attorney who works in the federal government or practices before the federal courts.

 Sample video from the FBA/Brookings program:

 http://www.dunnington.com/rdowd_bio.html

 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Federal Appeals: Seventh Circuit Judge Posner's Tips on Appellate Advocacy in Federal Circuit Courts

Podcast:

Judge Richard Posner on Effective Appellate Advocacy Before A Federal Circuit Court

Judge Posner urges going outside the record for common sense and warns about the limitations of the minds of appellate judges and the need for plain speaking.  "Think about the lay person's questions"  "use pictures and charts in your briefs".

Judge Posner uses an example of a trademark appeal with no pictures in it...

Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Judicial Vacancies: The Impact on Federal Litigation

Video on the impact of judicial vacancies on federal litigation above. More on judicial vacancies from the Federal Bar Association here.

 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

US Marshals Service Has First Female Director

10th Director of the US Marshals Service is Stacia Hylton, story here.

Link to webcast of the nomination hearing before the Senate here.

 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here.  

Presidents Day and the Federal Bar Association

Happy Presidents Day.  Interview with Federal Bar Association President and New Orleans attorney Ashley Belleau in The Third Branch here    The Federal Bar Association adresses issues of paramount concern to the federal judiciary such as judicial vacancies, courthouse security and judicial compensation, as well as addressing issues of concern to lawyers practicing in the federal government, appearing before federal agencies, or practicing before the federal courts.

The Federal Bar Association is the nation's premier bar association for the federal practitioner.  Find your local chapter and join here.

Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Appellate Practice: Perfecting a Civil Appeal in Federal Court - Ninth Circuit

This is an exellent video explaining in simple language how to prepare an appeal in a federal civil case.   For anyone preparing an appellate argument, it is a good overview of the basics and a great way to remember how important it is to master the facts, prepare well, and to keep things clear and simple when arguing before the federal courts.

 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Hon William Rehnquist Welcoming New Circuit Judges - 1995

The late Justice William Rehnquist welcoming new Circuit judges - a production of the Federal Judicial Center.


 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Removal, Remand and Preemption

There are few procedural maneuvers in the practice of law so satisfying as removal.   "Removal" means simply filing a notice with a state court that the matter is being removed to state court.  Removal is authorized by 28 USC 1441(a).  

Removal is appropriate under certain circumstances where the federal district could had original jurisdiction.   If you don't like being removed, the remedy is a motion to remand.

The above video is a great introduction to the topic.

In copyright law, the complete preemption doctrine is said to apply.

Chapter 10 of Copyright Litigation Handbook:  Removal From State Court and Preemption deals with these topics in the unique context of this interplay of state/federal jurisdictions and the Copyright Act.

If you want to remove, you have to act very very quickly, the usual deadlines don't apply and by the time you've thought things through, it may be too late.

More on the Law of Avatars and preemption here.
 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Baby Judge School Starring USDJ Sonia Sotomayor

Lawyers practicing before the federal courts always wonder about what goes on behind the scenes in the federal courts. Judges refer to "baby judge school" conducted by the Administrative Office. Here is an orientation video created by the Federal Judicial Center explaining the confirmation process and what you need to know when you ascend the bench.

 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

Federal Circuit Courts of Appeal and Copyright Law

Map of the United States, By Judicial Circuits from the Court Locator

Circuit courts of appeal were created by the Judiciary Act of 1789 which created three circuit courts.   In 1801, a total of six circuit courts of appeals were created under the Midnight Judges Act.  

Links to Circuit Courts of Appeal:

First Circuit         
Second Circuit  
Third Circuit 
Fourth Circuit 
Fifth Circuit 
Sixth Circuit 
Seventh Circuit 
Eighth Circuit        
Ninth Circuit 
Tenth Circuit 
Eleventh Circuit  
D.C. Circuit 
Federal Circuit

Circuit courts of appeal review decisions of the 94 U.S. federal district courts.  When a Circuit court has decided a controlling issue of law, the U.S. district courts within that Circuit are bound by it.   A "circuit split" or  "split in the Circuits" means that two different Circuit courts of appeal are divided on a question.   Law students writing law review articles look for a split in the Circuits, and the U.S. Supreme Court is more likely to grant certiorari to resolve differences in the law between the Circuits.

The Federal Circuit Court of Appeals is located in Washington, D.C. was created in 1982 and has the following nationwide jurisdiction:

The United States Court of Appeals for the Federal Circuit was established under Article III of the Constitution on October 1, 1982. The court was formed by the merger of the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims. The court is located in the Howard T. Markey National Courts Building on historic Lafayette Square in Washington, D.C.
The Federal Circuit is unique among the thirteen Circuit Courts of Appeals. It has nationwide jurisdiction in a variety of subject areas, including international trade, government contracts, patents, trademarks, certain money claims against the United States government, federal personnel, veterans' benefits, and public safety officers' benefits claims. Appeals to the court come from all federal district courts, the United States Court of Federal Claims, the United States Court of International Trade, and the United States Court of Appeals for Veterans Claims. The court also takes appeals of certain administrative agencies' decisions, including the United States Merit Systems Protection Board, the Boards of Contract Appeals, the Board of Patent Appeals and Interferences, and the Trademark Trial and Appeals Board. Decisions of the United States International Trade Commission, the Office of Compliance, an independent agency in the legislative branch, and the Government Accountability Office Personnel Appeals Board, and the Department of Justice Bureau of Justice Assistance also are reviewed by the court. The court's jurisdiction consists of administrative law cases (55%), intellectual property cases (31%), and cases involving money damages against the United States government (11%). The administrative law cases consist of personnel and veterans claims. Nearly all of the intellectual property cases involve patents. Suits for money damages against the United States government include government contract cases, tax refund appeals, unlawful takings, and civilian and military pay cases.

In developing copyright law, different Circuits take different approaches to interpreting the Copyright Act.

Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

The Art of Judging - Late 8th Circuit Judge Richard S. Arnold

Wonderful and humorous presentation by the late 8th Circuit judge Richard S. Arnold, terrific take on the judicial nominations process.

 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

How To File an Appeal: Useful Checklist for Filing Civil Appeals in the Second Circuit

I have attached a checklist for practitioners who must file appeals with the Second Circuit. The Local Rules have changed, and with the changes wrought by electronic filing, it's a whole new world. I will participate in a CLE program today at 5:30 p.m. starring Catherine O'Hagan Wolfe, Clerk of the Second Circuit sponsored by the Federal Bar Association and the Second Circuit Judicial Council, you can find the program here.   If I come across any new surprises tonight, I will post them.

Practitioner's Checklist for Filing Civil Appeals in the Second Circuit


 Purchase Copyright Litigation Handbook from West here  

Federal Judiciary Channel Launches on YouTube

The Federal Judiciary has launched a channel on YouTube, I subscribed and was number 9.   They have posted a number of instructional videos about the court system.  A series of videos on bankruptcy may be helpful to those in that field.

Model Jury Instructions: Ixnay on Facebook, LinkedIn, Blogging and Googling

The Judicial Conference Committee on Court Administration and Case Management has prepared Model Jury Instructions on the use of internet, blogging, and use of social media during a trial.

The instructions are here, HT to The Third Branch.

AO Report: Copyright Case Filings Dropped 63% From 2005 Through 2009

In a steady trend, copyright cases filed in the US dropped about 63% from 2005 through 2009 based on numbers from

2005      5,796
2006      4,944
2007      4,400
2008      3,234
2009      2,192

Source:  Report by the Administrative Office of the US Courts

Judicial Business of the United States Courts 2009

Table C-2A. U.S. District Courts—Civil Cases Commenced, by Nature of Suit, During the 12-Month Periods Ending September 30, 2005 Through 2009