manu/mldr-zoomed-100char-total-queries-documents

chunk_id stringlengths 3 9	chunk stringlengths 1 100
127_51	In August 2015, Berman enjoined the U.S. Securities and Exchange Commission from continuing its
127_52	securities law administrative proceedings against Barbara Duka, finding that the SEC's
127_53	administrative law judges had been appointed in violation of the Appointments Clause in the U.S.
127_54	Constitution. Upon appeal, the injunction was dissolved based upon the Second Circuit's holding in
127_55	SEC v. Tilton that parties "must await a final SEC order before raising their Appointments Clause
127_56	claim in federal court." On June 21, 2018, the Supreme Court of the United States in Lucia v. SEC
127_57	resolved a "circuit split" and ruled that the SEC's ALJs are officers of the United States and, as
127_58	Berman had also concluded, subject to the Appointments Clause.
127_59	United States v. Rahimi
127_60	In October 2017, Judge Berman presided over the criminal jury trial of Ahmad Khan Rahimi, also
127_61	known as the "Chelsea bomber." Rahimi was convicted of all counts related to the September 2016
127_62	bombing in the Chelsea neighborhood of New York City, in which 31 people were injured. Rahimi was
127_63	sentenced on February 13, 2018 to life in prison.
127_64	United States v. Atilla
127_65	In November and December 2017, Judge Berman presided over the criminal jury trial of Turkish
127_66	citizen Mehmet Hakan Atilla. Atilla was convicted of 5 out of 6 counts in the Indictment, including
127_67	conspiracies to evade U.S. sanctions against Iran and to defraud the United States, and bank fraud.
127_68	Atilla was sentenced on May 16, 2018 to 32 months in prison.
127_69	NFL Management Council v. NFL Players Association
127_70	Berman presided over New England Patriots quarterback Tom Brady's case involving a four-game
127_71	suspension levied against him by the National Football League for Brady's alleged role in the 2015
127_72	"Deflategate" matter. After unsuccessful efforts to bring about a settlement, Berman overturned
127_73	Brady's suspension in an opinion dated September 3, 2015, finding significant legal deficiencies
127_74	attending Brady's suspension. These included the NFL's disregard of the rules and penalties
127_75	regarding handling of footballs once they have left the locker room; denial of the opportunity for
127_76	Brady to examine one of the two lead NFL investigators; and denial of access to investigative
127_77	files. On April 25, 2016, a panel of the Court of Appeals for the Second Circuit reversed on the
127_78	grounds that the Players Association had signed into agreement, Goodell's authority to implement
127_79	the suspension regardless of the circumstantial evidence of the case. In dissent, Chief Judge
127_80	Robert Katzmann determined that it was improper for the NFL Commissioner to review in arbitration
127_81	his own decision to suspend Brady.
127_82	In 2017, Berman moderated a discussion called "Arbitration in 2017: Where It is Headed." Panel
127_83	members consisted of some of the attorneys involved in the scandal, plus a couple arbitrators in
127_84	law. After the panel discussion was complete, Berman was interviewed by a Sports Illustrated
127_85	reporter to discuss his position on the scandal. In the interview, Berman said that Brady's case
127_86	"should have been decided on the field," and that he was still confident that he had ruled
127_87	correctly even though it was overturned. In any case, Berman said that, "Deflategate was put to
127_88	rest by that Super Bowl."(61)
127_89	United States v. Kurniawan
127_90	Berman presided over two landmark wine cases. One involved Rudy Kurniawan, who was convicted of
127_91	counterfeiting fine wines in December 2013 following a jury trial, and sentenced to a term of
127_92	incarceration.
127_93	Swedenburg v. Kelly
127_94	The second wine case involved challenges to state liquor laws which prohibited out of state
127_95	wineries from selling directly to consumers within New York. In November 2002, Berman held that New
127_96	York's direct ban on such out of state wine sales was unconstitutional, as "[t]he New York regime
127_97	constitutes a cut and dry example of direct discrimination against interstate commerce." The
127_98	ruling was upheld by the Supreme Court of the United States in Granholm v. Heald.
127_99	United States v. Siddiqui
127_100	Berman presided over the case against Aafia Siddiqui, a Pakistani citizen and graduate of MIT and
127_101	Brandeis University, who was convicted by a jury in 2010 of attempted murder of U.S. officials in
127_102	Afghanistan, and sentenced to lengthy incarceration.
127_103	New York Taxi Workers Alliance v. New York City Taxi & Limousine Commission
127_104	In September 2007, Berman denied the NYC cab driver association's application to prevent the New
127_105	York City Taxi and Limousine Commission from requiring that all taxicabs be installed with credit-
127_106	and debit-card readers.
127_107	MacWade v. Kelly
127_108	In December 2005, following a bench trial, Berman ruled that random police searches of riders'
127_109	backpacks and bags on the New York City subway system do not violate the U.S. Constitution.
127_110	Gershkovich v. Iocco
127_111	Alex Gershkovich, a photographer involved in the Occupy Wall Street movement, sued two NYPD
127_112	officers and the City of New York because he was allegedly arrested without probable cause while
127_113	photographing police activity in a public place. Judge Berman, in a summary judgment decision dated
127_114	July 17, 2017, determined that the right to record police activity in public areas was "clearly
127_115	established" at the time of Gerskovich's arrest. The parties reached a settlement in November 2017.
127_116	Gordon v. Softech International, Inc.
127_117	After having determined that the Driver's Privacy Protection Act of 1994 ("DPPA") is not a "strict
127_118	liability" statute, Berman presided over the civil jury trial against defendants Arcanum
127_119	Investigations, Inc. and its executive director. On April 24, 2015, the jury determined that
127_120	defendants, who are resellers of DMV information, used reasonable care in providing plaintiff's
127_121	information to a third party where defendants had required the purchaser of the information to
127_122	provide ID, along with a DPPA-approved reason for making the information request. By summary
127_123	order, dated April 15, 2016, the Court of Appeals for the Second Circuit affirmed the judgment
127_124	entered in connection with the jury's verdict.
127_125	United States v. Buryakov
127_126	After having been charged in a two count Indictment on February 9, 2015, defendant Evgeny Buryakov,
127_127	a Russian citizen, pleaded guilty on March 11, 2016 to conspiring to act in the United States as an
127_128	agent of a foreign government without prior notification to the Attorney General. Buryakov was
127_129	sentenced to 30 months imprisonment on May 25, 2016.
127_130	Royalty Network, Inc. v. Columbia Recording Corporation
127_131	In April 2007, Berman presided over a copyright lawsuit against singer Beyoncé Knowles over the
127_132	song, Still in Love (Kissing You). The parties reached a settlement in October 2007.
127_133	United States v. D'Souza
127_134	Berman presided in the Dinesh D'Souza campaign finance case in May 2014. On the eve of trial,
127_135	D'Souza pleaded guilty to campaign finance violations, (arranging straw donors), and was sentenced
127_136	in September 2014 to five years of probation, $30,000 fine, and community service.
127_137	Ideal Steel Supply Corporation v. Anza
127_138	In June 2002, Berman dismissed a civil RICO suit against National Steel Supply, Inc., finding that
127_139	plaintiff Ideal Steel failed to show that it had relied upon National Steel Supply's alleged
127_140	misrepresentations to the New York State Department of Taxation and Finance. The decision was
127_141	affirmed by the U.S. Supreme Court on June 5, 2006.
127_142	United States v. Leekin
127_143	In July 2008, Berman presided over the criminal case against Judith Leekin, who pleaded guilty to
127_144	defrauding New York City and New York State adoption agencies out of $1.68 million in foster care
127_145	funds. Leekin also had mistreated and willfully endangered her (11) adopted special needs
127_146	children. Berman sentenced Leekin to 130 months in prison for the fraud. Immediately thereafter,
127_147	she was prosecuted for child abuse in Florida.
127_148	Dimmie v. Carey
127_149	In April 2000, Berman dismissed an infringement suit brought against pop singer Mariah Carey,
127_150	finding that the plaintiff, Rhonda Dimmie, the holder of a copyright for the song Be Your Hero, had

127_51

In August 2015, Berman enjoined the U.S. Securities and Exchange Commission from continuing its

127_52

securities law administrative proceedings against Barbara Duka, finding that the SEC's

127_53

administrative law judges had been appointed in violation of the Appointments Clause in the U.S.

127_54

Constitution. Upon appeal, the injunction was dissolved based upon the Second Circuit's holding in

127_55

SEC v. Tilton that parties "must await a final SEC order before raising their Appointments Clause

127_56

claim in federal court." On June 21, 2018, the Supreme Court of the United States in Lucia v. SEC

127_57

resolved a "circuit split" and ruled that the SEC's ALJs are officers of the United States and, as

127_58

Berman had also concluded, subject to the Appointments Clause.

127_59

United States v. Rahimi

127_60

In October 2017, Judge Berman presided over the criminal jury trial of Ahmad Khan Rahimi, also

127_61

known as the "Chelsea bomber." Rahimi was convicted of all counts related to the September 2016

127_62

bombing in the Chelsea neighborhood of New York City, in which 31 people were injured. Rahimi was

127_63

sentenced on February 13, 2018 to life in prison.

127_64

United States v. Atilla

127_65

In November and December 2017, Judge Berman presided over the criminal jury trial of Turkish

127_66

citizen Mehmet Hakan Atilla. Atilla was convicted of 5 out of 6 counts in the Indictment, including

127_67

conspiracies to evade U.S. sanctions against Iran and to defraud the United States, and bank fraud.

127_68

Atilla was sentenced on May 16, 2018 to 32 months in prison.

127_69

NFL Management Council v. NFL Players Association

127_70

Berman presided over New England Patriots quarterback Tom Brady's case involving a four-game

127_71

suspension levied against him by the National Football League for Brady's alleged role in the 2015

127_72

"Deflategate" matter. After unsuccessful efforts to bring about a settlement, Berman overturned

127_73

Brady's suspension in an opinion dated September 3, 2015, finding significant legal deficiencies

127_74

attending Brady's suspension. These included the NFL's disregard of the rules and penalties

127_75

regarding handling of footballs once they have left the locker room; denial of the opportunity for

127_76

Brady to examine one of the two lead NFL investigators; and denial of access to investigative

127_77

files. On April 25, 2016, a panel of the Court of Appeals for the Second Circuit reversed on the

127_78

grounds that the Players Association had signed into agreement, Goodell's authority to implement

127_79

the suspension regardless of the circumstantial evidence of the case. In dissent, Chief Judge

127_80

Robert Katzmann determined that it was improper for the NFL Commissioner to review in arbitration

127_81

his own decision to suspend Brady.

127_82

In 2017, Berman moderated a discussion called "Arbitration in 2017: Where It is Headed." Panel

127_83

members consisted of some of the attorneys involved in the scandal, plus a couple arbitrators in

127_84

law. After the panel discussion was complete, Berman was interviewed by a Sports Illustrated

127_85

reporter to discuss his position on the scandal. In the interview, Berman said that Brady's case

127_86

"should have been decided on the field," and that he was still confident that he had ruled

127_87

correctly even though it was overturned. In any case, Berman said that, "Deflategate was put to

127_88

rest by that Super Bowl."(61)

127_89

United States v. Kurniawan

127_90

Berman presided over two landmark wine cases. One involved Rudy Kurniawan, who was convicted of

127_91

counterfeiting fine wines in December 2013 following a jury trial, and sentenced to a term of

127_92

incarceration.

127_93

Swedenburg v. Kelly

127_94

The second wine case involved challenges to state liquor laws which prohibited out of state

127_95

wineries from selling directly to consumers within New York. In November 2002, Berman held that New

127_96

York's direct ban on such out of state wine sales was unconstitutional, as "[t]he New York regime

127_97

constitutes a cut and dry example of direct discrimination against interstate commerce." The

127_98

ruling was upheld by the Supreme Court of the United States in Granholm v. Heald.

127_99

United States v. Siddiqui

127_100

Berman presided over the case against Aafia Siddiqui, a Pakistani citizen and graduate of MIT and

127_101

Brandeis University, who was convicted by a jury in 2010 of attempted murder of U.S. officials in

127_102

Afghanistan, and sentenced to lengthy incarceration.

127_103

New York Taxi Workers Alliance v. New York City Taxi & Limousine Commission

127_104

In September 2007, Berman denied the NYC cab driver association's application to prevent the New

127_105

York City Taxi and Limousine Commission from requiring that all taxicabs be installed with credit-

127_106

and debit-card readers.

127_107

MacWade v. Kelly

127_108

In December 2005, following a bench trial, Berman ruled that random police searches of riders'

127_109

backpacks and bags on the New York City subway system do not violate the U.S. Constitution.

127_110

Gershkovich v. Iocco

127_111

Alex Gershkovich, a photographer involved in the Occupy Wall Street movement, sued two NYPD

127_112

officers and the City of New York because he was allegedly arrested without probable cause while

127_113

photographing police activity in a public place. Judge Berman, in a summary judgment decision dated

127_114

July 17, 2017, determined that the right to record police activity in public areas was "clearly

127_115

established" at the time of Gerskovich's arrest. The parties reached a settlement in November 2017.

127_116

Gordon v. Softech International, Inc.

127_117

After having determined that the Driver's Privacy Protection Act of 1994 ("DPPA") is not a "strict

127_118

liability" statute, Berman presided over the civil jury trial against defendants Arcanum

127_119

Investigations, Inc. and its executive director. On April 24, 2015, the jury determined that

127_120

defendants, who are resellers of DMV information, used reasonable care in providing plaintiff's

127_121

information to a third party where defendants had required the purchaser of the information to

127_122

provide ID, along with a DPPA-approved reason for making the information request. By summary

127_123

order, dated April 15, 2016, the Court of Appeals for the Second Circuit affirmed the judgment

127_124

entered in connection with the jury's verdict.

127_125

United States v. Buryakov

127_126

After having been charged in a two count Indictment on February 9, 2015, defendant Evgeny Buryakov,

127_127

a Russian citizen, pleaded guilty on March 11, 2016 to conspiring to act in the United States as an

127_128

agent of a foreign government without prior notification to the Attorney General. Buryakov was

127_129

sentenced to 30 months imprisonment on May 25, 2016.

127_130

Royalty Network, Inc. v. Columbia Recording Corporation

127_131

In April 2007, Berman presided over a copyright lawsuit against singer Beyoncé Knowles over the

127_132

song, Still in Love (Kissing You). The parties reached a settlement in October 2007.

127_133

United States v. D'Souza

127_134

Berman presided in the Dinesh D'Souza campaign finance case in May 2014. On the eve of trial,

127_135

D'Souza pleaded guilty to campaign finance violations, (arranging straw donors), and was sentenced

127_136

in September 2014 to five years of probation, $30,000 fine, and community service.

127_137

Ideal Steel Supply Corporation v. Anza

127_138

In June 2002, Berman dismissed a civil RICO suit against National Steel Supply, Inc., finding that

127_139

plaintiff Ideal Steel failed to show that it had relied upon National Steel Supply's alleged

127_140

misrepresentations to the New York State Department of Taxation and Finance. The decision was

127_141

affirmed by the U.S. Supreme Court on June 5, 2006.

127_142

United States v. Leekin

127_143

In July 2008, Berman presided over the criminal case against Judith Leekin, who pleaded guilty to

127_144

defrauding New York City and New York State adoption agencies out of $1.68 million in foster care

127_145

funds. Leekin also had mistreated and willfully endangered her (11) adopted special needs

127_146

children. Berman sentenced Leekin to 130 months in prison for the fraud. Immediately thereafter,

127_147

she was prosecuted for child abuse in Florida.

127_148

Dimmie v. Carey

127_149

In April 2000, Berman dismissed an infringement suit brought against pop singer Mariah Carey,

127_150

finding that the plaintiff, Rhonda Dimmie, the holder of a copyright for the song Be Your Hero, had