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Laura Taylor Swain

From Wikipedia, the free encyclopedia
American federal judge (born 1958)

Laura Swain
Chief Judge of theUnited States District Court for the Southern District of New York
Assumed office
April 10, 2021
Preceded byColleen McMahon
Judge of theUnited States District Court for the Southern District of New York
Assumed office
July 11, 2000
Appointed byBill Clinton
Preceded byThomas P. Griesa
Personal details
BornLaura Anne Taylor
(1958-11-21)November 21, 1958 (age 67)
EducationHarvard University (BA,JD)

Laura Anne Taylor Swain[1] (born November 21, 1958)[2] is an American lawyer and jurist serving as the chief judge of theUnited States District Court for the Southern District of New York. She was appointed to the Southern District of New York in 2000 by PresidentBill Clinton and has served as its chief judge since 2021.

Education and career

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Swain was born on November 21, 1958, inBrooklyn. She graduated fromRadcliffe College ofHarvard University in 1979 with aBachelor of Arts and fromHarvard Law School in 1982 with aJuris Doctor.[3] From 1982 until 1983, Swain worked as alaw clerk for JudgeConstance Baker Motley of theUnited States District Court for the Southern District of New York.[3] From 1983 until 1996, Swain worked in private legal practice inNew York City, practicing as an associate, and then counsel, in the areas ofERISA,employee benefits,executive compensation andemployment law for the firmDebevoise & Plimpton.[3][4]

Swain also served as a member of the New York State Board of Law Examiners from 1986 to 1996. She chaired the advisory committee for the Federal Rules of Bankruptcy Procedure from 2007 to 2010.[citation needed]

Federal judicial service

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Swain was aUnited States bankruptcy judge for the Eastern District of New York from November 1, 1996, to July 11, 2000.[5] On April 25, 2000, President Clinton nominated Swain to be a United States District Judge of theUnited States District Court for the Southern District of New York to the seat vacated by JudgeThomas P. Griesa. She was confirmed by theUnited States Senate on June 16, 2000, and received her commission on July 11, 2000.[3] She became chief judge on April 10, 2021, afterColleen McMahon assumedsenior status.[6]

Puerto Rico debt crisis

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On May 5, 2017, Chief JusticeJohn Roberts appointed Judge Swain to oversee thedebt restructuring case in thePuerto Rican government-debt crisis.[7]

Copyright and authorship cases

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Swain's tenure on the District Court bench has included some of the Southern District of New York's high-profile book authorship disputes. In particular, she presided overLapine v. Seinfeld andHoover v. Boncompangi. Both cases were widely covered by the press, and were rich fodder for New York's tabloid newspapers.[8]<[9]

Lapine v. Seinfeld

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This action was filed by author Missy Chase Lapine against comedianJerry Seinfeld and his wife,Jessica Seinfeld, asserting that the couple used ideas for Jessica Seinfeld's cookbookDeceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food from Lapine's bookThe Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids' Favorite Meals.[10][11]

The Seinfelds denied Lapine's claim. Lapine claimed she experienced substantial financial loss.[12]

As a result of comments made by Mr. Seinfeld about the authorship dispute on theLate Show with David Letterman, Lapine included a cause of action for defamation to her suit.[11]

Hoover v. Boncompagni

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This action was filed by Tatiana Boncompagni Hoover against her older sister Natasha Boncompagni. Hoover, a New York socialite, professional author, and wife of an heir to the Hoover cleaning founder, accused her sister of making unauthorized electronic copies of her bookHedge Fund Wives.[13][14]

The court granted an emergency temporary restraining order preventing the older sister from further distribution of the pre-publication manuscript.[15][16]

The case reached closure in early 2009 when Swain entered a consent order stating, "The Defendant has announced to the Court that she is not a co-author ofHedge Fund Wives and has no authorship or co-authorship rights to the work. The Defendant agrees to release any registered or pending copyrights that she has relating toHedge Fund Wives, and any domain names or other property relating toHedge Fund Wives or the Plaintiff’s first novel,Gilding Lily."[17][18]

Defamation case

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On February 19, 2021, Swain dismissed a defamation lawsuit filed byDevin Nunes againstCNN. Nunes sought $435 million in damages and claimed that on November 22, 2019, CNN published a false news article and engaged in a conspiracy theory to damage his reputation. Swain noted that under California law, a retraction must be demanded in writing within 20 days of publication, which Nunes failed to request.[19]

See also

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References

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  1. ^Hearings before the Committee on the Judiciary, United States Senate, One Hundred Sixth Congress, Second Session, on Confirmations of Appointees to the Federal Judiciary, May 25, June 15, July 12, and July 25, 2000. U.S. Government Printing Office. 2001. p. 261.
  2. ^"The Honorable Laura Taylor Swain's Biography".The HistoryMakers. April 28, 2018. RetrievedMarch 14, 2020.
  3. ^abcdLaura Taylor Swain at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  4. ^[1]Archived September 25, 2003, at theWayback Machine
  5. ^[2]Archived December 21, 2014, at theWayback Machine
  6. ^Brown, Stephen Rex (April 2021)."Manhattan Federal Court gets new chief judge amid coronavirus pandemic".nydailynews.com. RetrievedApril 1, 2021.
  7. ^Goldstein, Matthew (May 5, 2017)."Judge in Puerto Rico's Debt Lawsuit Handled Major Financial Cases".The New York Times. RetrievedMay 6, 2017.
  8. ^"Jessica Seinfeld's recipes stir up plagiarism accusations".NY Daily News. RetrievedDecember 21, 2014.
  9. ^"Sister pact! Book flap settled".NY Daily News. RetrievedDecember 21, 2014.
  10. ^Peter Lattman (January 8, 2008)."Food Fight! Author Sues Seinfelds Over Children's Cookbook".Wall Street Journal. RetrievedDecember 21, 2014.
  11. ^ab"Seinfeld Complaint"(PDF). Online.wsj.com. RetrievedDecember 21, 2014.
  12. ^"Seinfeld v Lapine"(PDF). Amlawdaily.typepad.com. RetrievedDecember 21, 2014.
  13. ^Dan Slater (October 27, 2008)."Of Copyright & Family Feuds: "Hedge Fund Wives" Goes to Court".Wall Street Journal. RetrievedDecember 21, 2014.
  14. ^"Hedge Fund Wives Complaint"(PDF). Online.wsj.com. RetrievedDecember 21, 2014.
  15. ^Dan Slater (October 29, 2008)."In Boncompagni Copyright Suit, Tatiana Gets TRO".Wall Street Journal. RetrievedDecember 21, 2014.
  16. ^"Boncompagnito Complaint"(PDF). Online.wsj.com. RetrievedDecember 21, 2014.
  17. ^Jones, Ashby (January 30, 2009)."A Sisterly Settlement: The Boncompagnis Bury the Hatchet".Wall Street Journal. RetrievedDecember 21, 2014.
  18. ^"Boncompagnito Settlement"(PDF). Online.wsj.com. RetrievedDecember 21, 2014.
  19. ^https://www.sfgate.com/news/article/Judge-rejects-Rep-Devin-Nunes-defamation-suit-15965052.phpSF Gate. February 19, 2021. Retrieved February 19, 2021.

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