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BAKER v. GOLDMAN SACHS & CO.

Docket No. 11-1591-cv.

669 F.3d 105 (2012)

Janet BAKER and James Baker, Plaintiffs-Appellants, v. GOLDMAN SACHS & CO., Goldman Sachs Group, Inc., and Goldman Sachs & Co., LLC, Defendants-Appellees, Jesse Eisinger, Non-Party Movant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 15, 2012.

Attorney(s) appearing for the Case

Alan K. Cotler ( Joan A. Yue , Andrew J. Soven , Reed Smith LLP, Philadelphia, PA; Casey D. Laffey , Reed Smith LLP, New York, NY, on the brief), Reed Smith LLP, Philadelphia, PA, for Plaintiffs-Appellants.

Paul Vizcarrondo, Jr. ( Tracy O. Appleton , Wachtell, Lipton, Rosen & Katz, New York, NY; John D. Donovan, Jr. , Ropes & Gray LLP, Boston, MA, on the brief), Wachtell, Lipton, Rosen & Katz, New York, NY, for Defendants-Appellees.

Gayle C. Sproul ( Amanda M. Leith , on the brief), Levine Sullivan Koch & Schulz L.L.P., New York, NY, for Non-Party Movant-Appellee.

Before: WINTER, MINER, and HALL, Circuit Judges.

WINTER, Circuit Judge:

James and Janet Baker appeal from Judge Jones's quashing of a subpoena directed to Jesse Eisinger, a former Wall Street Journal ("WSJ") reporter. Her decision was based on New York's journalists' Shield Law, New York Civil Rights Law § 79-h. We affirm.

New York's Shield Law provides journalists an absolute privilege from testifying with regard to news obtained under a promise of confidentiality but only a qualified privilege...

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