Denise Cote - Knowledge (XXG)

457:. Aleynikov was convicted following jury trial on the claims which were not dismissed and later sentenced to approximately eight years in prison. On February 16, 2012, the United States Court of Appeals for the Second Circuit heard oral argument on his appeal and, later that same day, ordered his conviction reversed and a judgment of acquittal entered, with opinion to follow. Aleynikov was immediately released from custody the next day. On April 11, 2012, Hon. Dennis Jacobs, Chief Judge of the United States Court of Appeals, published a unanimous decision in a written opinion stating: "On appeal, defendant argues, inter alia, that his conduct did not constitute an offense under either statute. He argues that: the source code was not a “stolen” “good” within the meaning of the National Stolen Property Act, and the source code was not “related” to a product “produced for or placed in interstate or foreign commerce” within the meaning of the Economic Espionage Act. The judgment of the district court is reversed." 471:(2010): In a series of summary-judgment rulings, Cote reviewed and applied a number of legal concepts relevant to construction litigation -- including "your work" insurance exclusions, no-damages-for-delay clauses, the economic-loss doctrine, the viability of claims for negligent misrepresentation under New York law against architects and construction managers, and the categories of permissible claimants under performance and payment bonds—to novel and complex factual circumstances arising out of the $ 300 million construction of a new vertical campus for 571:(S.D.N.Y. 2007): Cote denied a motion to dismiss by the defendant county, finding that the plaintiff had successfully alleged that the county had violated federal law by accepting federal funding for affordable housing and then misrepresenting the nature and success of its efforts to further such housing. Cote later granted partial summary judgment to the plaintiff, 2009 WL 455269 (S.D.N.Y. Feb. 24, 2009), and the case later settled. 623:(S.D.N.Y. 2004): Cote, entertaining a criminal defendant's proffer of expert evidence that the defendant's belief in God contributed to her reasonable belief that she was involved in legitimate business activity, rejected the defendant's argument that such evidence was admissible for the purpose of tending to negate proof of the defendant's 525:(S.D.N.Y. 2010): Following a bench trial, Cote concluded that the defendant, an Internet-based subscription service which aggregated and sold stock recommendations to investors, was liable to the plaintiffs—three investment firms which issued the stock recommendations that the defendant marketed to its clients—under a theory of " 394:

as a "copyright troll". She also wrote a definition of the term: "A copyright troll plays a numbers game in which it targets hundreds or thousands of defendants seeking quick settlements priced just low enough that it is less expensive for the defendant to pay the troll rather than defend the claim."

298:, the first woman to ever serve in that position. As Chief of the Criminal Division, Cote supervised approximately 140 lawyers and overhauled the USAO's training program for young attorneys. In 1994, Cote briefly served as a Special Assistant to the Assistant United States Attorney General of the 871: 1496: 595:(S.D.N.Y. 2005): Cote, granting summary judgment to defendants on plaintiff's antitrust "tying" claims, held that the plaintiff had failed to demonstrate that defendants had market power when the defendant had a market share of less than 30 percent. 878: 842: 1104: 927: 1511: 1291: 1258: 1063: 376: 323: 195: 68: 37: 637:(S.D.N.Y. 2003): In large part, Cote denied the motions to dismiss a class-action complaint brought by investors against officers, directors, accountants, underwriters, and outside analysis of WorldCom, Inc. 1399: 1170: 267: 1097: 821: 1122: 1090: 850: 1437: 1114: 540: 508: 361: 299: 295: 613:

rendered by auditors of WorldCom did not excuse the underwriters from their legal obligation to conduct an investigation into WorldCom's unaudited interim financial statements.

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for alleged violations of international law in the Southern Sudan—described the elements of theories of conspiracy and aiding-and-abetting liability under international law.

287: 511:("ASCAP"), established a reasonable license fee for the public performance of ASCAP compositions via wireless and Internet-based audio and audiovisual services provided by 1506: 91: 647:(S.D.N.Y. 1998): Cote upheld the federal Death Penalty Act of 1994, in the first challenge made in the Second Circuit to the constitutionality of that statute. 1536: 1531: 1486: 760: 341:

Among Cote's most famous cases in recent years were the federal securities and ERISA class-action lawsuits brought by former employees or investors in

1501: 1020: 953: 928:"Former Hedge Fund Portfolio Manager Joseph "Chip" Skowron Sentenced in Manhattan Federal Court to Five Years in Prison for Insider Trading Scheme" 338:

on August 9, 1994, received her commission on August 10, 1994, and took office on August 11, 1994. She assumed senior status on December 15, 2011.

279: 231: 1526: 1521: 468: 1491: 592: 433:, 737 F. Supp. 2d 173 (S.D.N.Y. 2010): Cote granted in part and denied in part a motion to dismiss the indictment by criminal defendant 303: 1032: 369: 568: 219: 157: 578: 677: 486: 403:, no. 12 Civ. 2862 (S.D.N.Y. July 10, 2013): In May 2012, Cote refused to dismiss lawsuits alleging that in the fall of 2009, 522: 290:

in the office's Criminal Division from 1977 to 1985, and returned to the U.S. Attorney's Office in 1991 under U.S. Attorney

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claims, in which the publishers paid into a fund that provided credits to customers who had overpaid for books due to the

399: 485:(S.D.N.Y. 2010): Cote, reviewing a bankruptcy court's decision following trial in an adversary proceeding involving the 454: 450: 605:(S.D.N.Y. 2004): Rejecting the summary-judgment motions brought by defendant underwriters for bond offerings issued by 464: 494: 420: 319: 191: 992: 796: 539:, 366 (S.D.N.Y. 2009): Cote, sitting as the rate court under the 1941 consent decree between the United States and 507:(S.D.N.Y. 2010): Cote, sitting as the rate court under the 1941 consent decree between the United States and the 504: 1082: 902: 673:

to pay attorneys fees to a defendant in a patent infringement case that she found to be "baseless litigation".

1450: 1025: 747:"Court Labels Attorney as "Copyright Troll" and Fines Him $ 10,000 over Frivolous Case Involving Photograph" 581:(S.D.N.Y. 2006): Cote, granting summary judgment to the defendant—a Canadian energy company sued under the 1481: 978: 765: 665: 536: 446: 1516: 1299: 1074: 115: 644: 620: 557:(2007): In a drug-trafficking case involving an alleged conspiracy to import, possess, and distribute 554: 1476: 1455: 1389: 1359: 1160: 731: 716: 335: 207: 146: 1427: 1422: 1266: 1248: 1198: 1155: 1145: 365: 243: 239: 227: 166: 1445: 1417: 1135: 582: 230:

in 1969, after which she taught U.S. history, world history, and African-American history at the

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Liebowitz requested that the term be redacted from the opinion, but Cote denied his request.

1369: 1349: 1344: 1271: 1243: 1233: 1223: 1140: 1130: 1054: 391: 331: 291: 263: 103: 561:, Cote denied the post-trial motions by defendants following their conviction at jury trial. 482: 1407: 1384: 1309: 1281: 1276: 1183: 653:, Docket Number: 1:11-cr-00699 (S.D.N.Y. 2011): Cote sentenced hedge fund portfolio manager 434: 307: 215: 161: 1374: 1354: 1334: 1329: 412: 346: 1412: 1379: 1364: 1319: 1304: 1213: 1208: 1203: 1188: 1178: 610: 547:

on a mobile phone did not constitute a "public performance" subject to licensing fees.

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Travelers Casualty and Surety Company v. Dormitory Authority of the State of New York

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Judges of the United States District Court for the Southern District of New York

1238: 390:(S.D.N.Y. February 22, 2018) In a formal opinion, Judge Cote described attorney 761:"Judge Refuses to Let Notorious Media Foe Redact "Copyright Troll" from Ruling" 1314: 1193: 490: 416: 404: 350: 271: 259: 235: 211: 46: 954:"Payback time: First patent troll ordered to pay "extraordinary case" fees" 606: 544: 526: 342: 419:

had been charging. In December 2013, Cote approved a settlement of the

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United States ex rel. Anti-Discrimination Center v. Westchester County

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Assistant United States Attorney of the Southern District of New York

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