ALEXANDER v. CAHILL

Docket Nos. 07-3677-cv (L), 07-3900-cv (XAP).

598 F.3d 79 (2010)

James L. ALEXANDER, Alexander & Catalano LLC, and Public Citizen, Inc., Plaintiffs-Appellees-Cross-Appellants, v. Thomas J. CAHILL, in his official capacity as Chief Counsel for the Departmental Disciplinary Committee for the Appellate Division of the New York Court of Appeals, First Department, Diana Maxfield Kearse, in her official capacity as Chief Counsel for the Grievance Committee for the Second and Eleventh Judicial Districts, Gary L. Casella, in his official capacity as Chief Counsel for the Grievance Committee for the Ninth Judicial District, Rita E. Adler, in her official capacity as Chief Counsel for the Grievance Committee for the Tenth Judicial District, Mark S. Ochs, in his official capacity as Chief Attorney for the Committee on Professional Standards for the Appellate Division of the New York Court of Appeals, Third Department, Anthony J. Gigliotti, in his official capacity as acting Chief Counsel for the Grievance Committee for the Fifth Judicial District, Daniel A. Drake, in his official capacity as acting Chief Counsel for the Grievance Committee for the Seventh Judicial District and Vincent L. Scarsella, in his official capacity as acting Chief Counsel for the Grievance Committee for the Eight Judicial District, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 12, 2010.


Attorney(s) appearing for the Case

Gregory A. Beck (Brian Wolfman, on the brief), Public Citizen Litigation Group, Washington, D.C., for Plaintiffs-Appellees-Cross-Appellants.

Owen Demuth, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Andrew D. Bing, Deputy Solicitor General, and Peter H. Schiff, Senior Counsel, of counsel), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, N.Y., for Defendants-Appellants-Cross-Appellees.

David G. Keyko and Ryan G. Kriger, Pillsbury Winthrop Shaw Pittman LLP, New York, N.Y., for amicus curiae Bar of the City of New York in support of Plaintiffs-Appellees-Cross-Appellants.

Kathryn Grant Madigan, New York State Bar Association, Albany, N.Y., and Bernice K. Leber (Jennifer L. Bougher and Ali M. Arain, on the brief), Arent Fox LLP, New York, N.Y., for amicus curiae New York State Bar Association in support of Defendants-Appellants-Cross-Appellees.

Before: WALKER and CALABRESI, Circuit Judges.


CALABRESI, Circuit Judge:

New York's Appellate Division adopted new rules prohibiting certain types of attorney advertising and solicitation, which were to take effect February 1, 2007. The new rules barred, inter alia, testimonials from clients relating to pending matters, portrayals of judges or fictitious law firms, attention-getting techniques unrelated to attorney competence, and trade names or nicknames that imply an ability to get results. The amendments...

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