Denise Cote
Encyclopedia
Denise Cote is a United States federal judge
on the United States District Court for the Southern District of New York
.
. She received a B.A.
from St. Mary's College
in 1968 and an M.A.
in history from Columbia University
in 1969, after which she taught U.S. history, world history, and African-American history at the Convent of the Sacred Heart
, a school in Manhattan. Cote then attended Columbia Law School
, where she was Notes & Comments Editor of the Columbia Law Review
, and she received her law degree (J.D.
) in 1975.
for the Hon. Jack B. Weinstein
, U.S. District Judge in the Eastern District of New York
, in 1975-76. Cote worked in private practice as a litigator in New York City
from 1976 to 1977 at Curtis, Mallet-Prevost, Colt & Mosle
, and again from 1985 to 1991 at Kaye Scholer. She also served as an Assistant U.S. Attorney of the Southern District of New York
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 Otto G. Obermaier
to serve as Chief of the SDNY Criminal Division
, 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 U.S. Attorney General of the Criminal Division
at the U.S. Department of Justice
in Washington, D.C.
, before being confirmed to her federal judgeship.
on the United States District Court for the Southern District of New York
. Cote was nominated by President Bill Clinton
on April 26, 1994, to a seat vacated by Mary Johnson Lowe
. She was confirmed by the United States Senate
on August 9, 1994, received her commission on August 10, 1994, and took office on August 11, 1994.
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 WorldCom against former directors and officers of WorldCom; its auditor, Arthur Andersen
; and more than 10 investment banks that sold WorldCom securities.
Cote regularly sits by designation on the Second Circuit Court of Appeals
. Cote has also taught as an adjunct professor at Columbia Law School
and Cardozo Law School
.
Cote is a member of the "Patent Pilot Project" in the Southern District of New York
.
, a former computer programmer for Goldman Sachs
, who was alleged to have stolen trade secrets from that firm in violation of the Economic Espionage Act, the National Stolen Property Act, and the Computer Fraud and Abuse Act. Aleynikov was convicted following jury trial on the claims which were not dismissed and later sentenced to approximately eight years in prison.
Travelers Casualty and Surety Company v. Dormitory Authority of the State of New York, 732 F. Supp. 2d 347 (2010), 734 F. Supp. 2d 368 (2010), and 735 F. Supp. 2d 42 (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 Baruch College
.
In re Tyson, 433 B.R. 68 (S.D.N.Y. 2010): Cote, reviewing a bankruptcy court's decision following trial in an adversary proceeding involving the bankruptcy estate of Mike Tyson
, discussed the concept of piercing the corporate veil
under English law and distilled its doctrinal principles.
In re Application of MobiTV, Inc., 712 F. Supp. 2d 206 (S.D.N.Y. 2010): Cote, sitting as the rate court under the 1941 consent decree between the United States and the American Society of Composers, Authors and Publishers ("ASCAP"), established a reasonable license fee for the public performance of ASCAP compositions via wireless and Internet-based audio and audiovisual services provided by MobiTV
.
Barclays Capital, Inc. v. Theflyonthewall.com, 700 F. Supp. 2d 310 (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 "hot news misappropriation" under New York law.
In re Application of Cellco Partnership, 663 F. Supp. 2d 363, 366 (S.D.N.Y. 2009): Cote, sitting as the rate court under the 1941 consent decree between the United States and ASCAP, concluded that the playing of a ringtone on a mobile phone did not constitute a "public performance" subject to licensing fees.
United States v. Awad, 518 F. Supp. 2d 577 (2007): In a drug-trafficking case involving an alleged conspiracy to import, possess, and distribute khat
, Cote denied the post-trial motions by defendants following their conviction at jury trial.
United States ex rel. Anti-Discrimination Center v. Westchester County, 495 F.Supp.2d 375 (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.
Presbyterian Church of Sudan v. Talisman Energy, Inc., 453 F. Supp. 2d 633 (S.D.N.Y. 2006): Cote, granting summary judgment to the defendant -- a Canadian energy company sued under the Alien Tort Claims Act
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.
In re Wireless Telephone Services Antitrust Litigation, 385 F. Supp. 2d 403 (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.
In re WorldCom, Inc. Securities Litigation, 346 F. Supp. 2d 628 (S.D.N.Y. 2004): Rejecting the summary-judgment motions brought by defendant underwriters for bond offerings issued by WorldCom, Inc., Cote held that comfort letters
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.
United States v. Dupre, 339 F. Supp. 2d 534 (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 mens rea with respect to wire fraud and conspiracy charges.
In re WorldCom, Inc. Securities Litigation, 294 F. Supp. 2d 392 (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.
United States v. Frank, 8 F. Supp. 2d 253 (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.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
.
Personal and Education
Cote was born in St. Cloud, MinnesotaSt. Cloud, Minnesota
St. Cloud is a city in the U.S. state of Minnesota and the largest population center in the state's central region. The population was 65,842 at the 2010 census. It is the county seat of Stearns County...
. She received a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from St. Mary's College
Saint Mary's College (Indiana)
Saint Mary's College is a private Catholic liberal arts college founded in 1844 by the Sisters of the Holy Cross. It is located in Notre Dame, an unincorporated community northeast of the city of South Bend, in St. Joseph County, Indiana, United States — as are the University of Notre Dame and Holy...
in 1968 and an M.A.
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
in history from Columbia University
Columbia University
Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...
in 1969, after which she taught U.S. history, world history, and African-American history at the Convent of the Sacred Heart
Convent of the Sacred Heart (New York)
The Convent of the Sacred Heart is a Roman Catholic all-girl school in the Manhattan borough of New York City. Teaching grades from pre-kindergarten through twelve, it is located on Manhattan's Upper East Side at East 91st Street and Fifth Avenue....
, a school in Manhattan. Cote then attended Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
, where she was Notes & Comments Editor of the Columbia Law Review
Columbia Law Review
The Columbia Law Review is a law review edited and published by students at Columbia Law School. In addition to articles, the journal regularly publishes scholarly essays and student notes. It was founded in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first...
, and she received her law degree (J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
) in 1975.
Professional
After law school, Cote clerkedLaw clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for the Hon. Jack B. Weinstein
Jack B. Weinstein
Jack Bertrand Weinstein is a United States federal judge in the Eastern District of New York. Judge Weinstein was appointed in 1967 by President Lyndon Johnson. From 1980 to 1988, he served as chief judge of the district. On March 1, 1993, he took senior status; however, unlike some senior...
, U.S. District Judge in the Eastern District of New York
United States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
, in 1975-76. Cote worked in private practice as a litigator in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
from 1976 to 1977 at Curtis, Mallet-Prevost, Colt & Mosle
Curtis, Mallet-Prevost, Colt & Mosle
Curtis, Mallet-Prevost, Colt & Mosle LLP is a New York-based international law firm with 260 attorneys in 15 offices worldwide. In 2009, its declared revenues were approximately $135 million...
, and again from 1985 to 1991 at Kaye Scholer. She also served as an Assistant U.S. Attorney of the Southern District of New York
U.S. Attorney for the Southern District of New York
The U.S. Attorney for the Southern District of New York is the chief federal law enforcement officer in eight New York counties: New York , Bronx, Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Preet Bharara, who was appointed by Barack Obama in 2009 is the U.S. Attorney for the...
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 Otto G. Obermaier
Otto G. Obermaier
Otto Obermaier was the United States Attorney for the Southern District of New York from September 1989 until February 1993. He was appointed to this position by George H. W. Bush....
to serve as Chief of the SDNY Criminal Division
United States Department of Justice Criminal Division
The U.S. Department of Justice Criminal Division develops, enforces, and supervises the application of all federal criminal laws in the United States, except those specifically assigned to other divisions. Criminal Division attorneys prosecute many nationally significant cases and formulate and...
, 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 U.S. Attorney General of the Criminal Division
United States Department of Justice Criminal Division
The U.S. Department of Justice Criminal Division develops, enforces, and supervises the application of all federal criminal laws in the United States, except those specifically assigned to other divisions. Criminal Division attorneys prosecute many nationally significant cases and formulate and...
at the U.S. Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, before being confirmed to her federal judgeship.
Judicial
Cote currently serves as a United States District JudgeUnited States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
on the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
. Cote was nominated by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on April 26, 1994, to a seat vacated by Mary Johnson Lowe
Mary Johnson Lowe
Mary Johnson Lowe was a federal judge for the United States District Court for the Southern District of New York....
. She was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on August 9, 1994, received her commission on August 10, 1994, and took office on August 11, 1994.
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 WorldCom against former directors and officers of WorldCom; its auditor, Arthur Andersen
Arthur Andersen
Arthur Andersen LLP, based in Chicago, was once one of the "Big Five" accounting firms among PricewaterhouseCoopers, Deloitte Touche Tohmatsu, Ernst & Young and KPMG, providing auditing, tax, and consulting services to large corporations...
; and more than 10 investment banks that sold WorldCom securities.
Cote regularly sits by designation on the Second Circuit Court of Appeals
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
. Cote has also taught as an adjunct professor at Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
and Cardozo Law School
Benjamin N. Cardozo School of Law
The Benjamin N. Cardozo School of Law is the law school of Yeshiva University, located in the New York City borough of Manhattan. The school is named for Supreme Court Justice Benjamin N. Cardozo. Cardozo's success as a young school has been remarkable, leading some to characterize Cardozo as a...
.
Cote is a member of the "Patent Pilot Project" in the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
.
Noteworthy Rulings
United States v. Aleynikov, 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 Sergey AleynikovSergey Aleynikov
Sergey Aleynikov is a former Goldman Sachs computer programmer. He was convicted of stealing computer code that Goldman Sachs used to perform proprietary trading...
, a former computer programmer for Goldman Sachs
Goldman Sachs
The Goldman Sachs Group, Inc. is an American multinational bulge bracket investment banking and securities firm that engages in global investment banking, securities, investment management, and other financial services primarily with institutional clients...
, who was alleged to have stolen trade secrets from that firm in violation of the Economic Espionage Act, the National Stolen Property Act, and the Computer Fraud and Abuse Act. Aleynikov was convicted following jury trial on the claims which were not dismissed and later sentenced to approximately eight years in prison.
Travelers Casualty and Surety Company v. Dormitory Authority of the State of New York, 732 F. Supp. 2d 347 (2010), 734 F. Supp. 2d 368 (2010), and 735 F. Supp. 2d 42 (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 Baruch College
Baruch College
Bernard M. Baruch College, more commonly known as Baruch College, is a constituent college of the City University of New York, located in the Flatiron district of Manhattan, New York City. With an acceptance rate of just 23%, Baruch is among the most competitive and diverse colleges in the nation...
.
In re Tyson, 433 B.R. 68 (S.D.N.Y. 2010): Cote, reviewing a bankruptcy court's decision following trial in an adversary proceeding involving the bankruptcy estate of Mike Tyson
Mike Tyson
Michael Gerard "Mike" Tyson is a retired American boxer. Tyson is a former undisputed heavyweight champion of the world and holds the record as the youngest boxer to win the WBC, WBA and IBF world heavyweight titles, he was 20 years, 4 months and 22 days old...
, discussed the concept of piercing the corporate veil
Piercing the corporate veil
Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders or directors. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it...
under English law and distilled its doctrinal principles.
In re Application of MobiTV, Inc., 712 F. Supp. 2d 206 (S.D.N.Y. 2010): Cote, sitting as the rate court under the 1941 consent decree between the United States and the American Society of Composers, Authors and Publishers ("ASCAP"), established a reasonable license fee for the public performance of ASCAP compositions via wireless and Internet-based audio and audiovisual services provided by MobiTV
MobiTV
MobiTV, Inc. claims to be a leading provider of "end-to-end mobile media solutions". The MobiTV converged media platform delivers live TV, video on-demand and the ability to download and store content for offline viewing to millions of users on all major wireless networks and major mobile...
.
Barclays Capital, Inc. v. Theflyonthewall.com, 700 F. Supp. 2d 310 (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 "hot news misappropriation" under New York law.
In re Application of Cellco Partnership, 663 F. Supp. 2d 363, 366 (S.D.N.Y. 2009): Cote, sitting as the rate court under the 1941 consent decree between the United States and ASCAP, concluded that the playing of a ringtone on a mobile phone did not constitute a "public performance" subject to licensing fees.
United States v. Awad, 518 F. Supp. 2d 577 (2007): In a drug-trafficking case involving an alleged conspiracy to import, possess, and distribute khat
Khat
Khat, qat, gat or Waquish Spoken from true Yemeni, is a flowering plant native to tropical East Africa and the Arabian Peninsula....
, Cote denied the post-trial motions by defendants following their conviction at jury trial.
United States ex rel. Anti-Discrimination Center v. Westchester County, 495 F.Supp.2d 375 (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.
Presbyterian Church of Sudan v. Talisman Energy, Inc., 453 F. Supp. 2d 633 (S.D.N.Y. 2006): Cote, granting summary judgment to the defendant -- a Canadian energy company sued under the Alien Tort Claims Act
Alien Tort Statute
The Alien Tort Statute ) is a section of the United States Code that reads: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." This statute is notable for allowing...
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.
In re Wireless Telephone Services Antitrust Litigation, 385 F. Supp. 2d 403 (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.
In re WorldCom, Inc. Securities Litigation, 346 F. Supp. 2d 628 (S.D.N.Y. 2004): Rejecting the summary-judgment motions brought by defendant underwriters for bond offerings issued by WorldCom, Inc., Cote held that comfort letters
Comfort Letter
A comfort letter is a document prepared by an accounting firm assuring the financial soundness or backing of a company. The comfort letter can be issued by a CPA declaring no indication of false or misleading information in the financial statements and that the company's prospectus follows GAAP....
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.
United States v. Dupre, 339 F. Supp. 2d 534 (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 mens rea with respect to wire fraud and conspiracy charges.
In re WorldCom, Inc. Securities Litigation, 294 F. Supp. 2d 392 (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.
United States v. Frank, 8 F. Supp. 2d 253 (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.