The SDNY Blog is relaunching as a publication of Steptoe & Johnson LLP.  We expect to post several times a week on decisions and other developments in the Southern District of New York.  You can find us right here at www.sdnyblog.com, or follow us on Twitter or Facebook.

Here’s a quick summary of what’s been happening in the Southern District while we were away:

  • Judge Berman vacated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady for his alleged role in deflating footballs used during the 2015 AFC Championship Game.  Judge Berman concluded that “Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate footballs, and non-cooperation with the ensuing Investigation.”

Continue Reading SDNY Blog Returns as Steptoe Blog

In an entertaining opinion Friday, Judge Abrams granted heavyweight boxer Fres Oquendo $775,000 and injunctive relief against a German promotional firm referred to as Terek, which failed to pay Oquendo his fill purse after a WBA world heavyweight tile match in Chechnya against Ruslan Chagaev.  Oquendo lost the fight and, under the parties’ contract, was entitled to a rematch.  Judge Abrams rejected Terek’s primary defense — that the contract was unenforceable — and, in addition to awarding Oquendo his payment shortfall, enjoined Terek from promoting any bout for Chagaev within the next 18 months unless it first scheduled the promised rematch. She explained that an injunction was appropriate in these circumstances because of the unique nature of a title fight:
Continue Reading Judge Abrams: Boxer Entitled to Injunction Over Heavyweight Title Rematch

Judge Abrams yesterday dismissed the complaint of a former Federal Reserve bank examiner who claimed she was fired after identifying a lack of internal controls at Goldman Sachs.  The plaintiff had alleged that she told her supervisors at the Fed that Goldman had “no firmwide conflict of interest policy,” in violation of SR 08-08, a Federal Reserve guideline that served as the basis for the plaintiff’s examination of Goldman.  When she refused to alter her conclusion, the plaintiff alleged, she was fired in retaliation. The Court dismissed the claims under the Federal Deposit Insurance Act’s whistleblower statute (Section 1831j).  First, Judge Abrams held that the statute did not apply to individuals, dismissing the claims against the plaintiffs’ former supervisors.  Moving next to the claims against the New York Fed, Judge Abrams held that neither of the plaintiff’s theories stated a claim under the whistleblower statute:
Continue Reading Judge Abrams Dismisses Whistleblower Suit Against New York Fed