BARCLAYS CAPITAL INC., Merrill Lynch, Pierce, Fenner & Smith Inc., and Morgan Stanley & Co. Inc., Plaintiffs-Appellees,
v.
THEFLYONTHEWALL.COM, INC., Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Andrew L. Deutsch , DLA Piper LLP (US) ( Nicholas Aldrich , of counsel), New York, NY, for Amici Curiae Advance Publications, Inc., Agence France-Presse, A.H. Belo Corporation, The Associated Press, Belo Corp., The E.W. Scripps Company, Gannett Company, Inc., The McClatchy Company, Newspaper Association of America, The New York Times Company, Philadelphia Media Holdings, LLC, Stephens Media LLC, Time Inc., and the Washington Post.
Fred Von Lohmann ( Corynne McSherry , of counsel), San Francisco, CA, for Amici Curiae Citizen Media Law Project, Electronic Frontier Foundation, and Public Citizen, Inc.
Before: POOLER, SACK, and RAGGI, Circuit Judges.
United States Court of Appeals, Second Circuit.
SACK, Circuit Judge:
The parties, the district court, and amici have raised a wide variety of interesting legal and policy issues during the course of this litigation. We need not address most of them. We conclude that under principles that are well established in this Circuit, the plaintiffs' claim against the defendant for "hot news" misappropriation of the plaintiff financial firms' recommendations to clients and prospective clients as to trading in corporate securities...
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