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CUMMINS v. SUNTRUST CAPITAL MARKETS, INC.

No. 07 Civ. 4633(JGK).

649 F.Supp.2d 224 (2009)

Robert P. "Skip" CUMMINS, Plaintiff, v. SUNTRUST CAPITAL MARKETS, INC., et al., Defendants.

United States District Court, S.D. New York.

August 20, 2009.

Attorney(s) appearing for the Case

Alan Heblack, Paul Felix Millus, Snitow Kanfer Holtzer & Millus LLP, New York, NY, Ashton Carlo Bachynsky, Julius Glickman, Glickman & Hughes, L.L.P., Houston, TX, for Plaintiff.

Nelson Andrew Boxer, Alston & Bird, LLP, New York, NY, Judson Graves, Robert R. Long, Alston & Bird, LLP, Atlanta, GA, for Defendants.

Opinion and Order

JOHN G. KOELTL, District Judge.

This is an action for defamation arising out of two analyst reports and related statements to the media criticizing the issuance of certain options to Robert P. "Skip" Cummins, the former Chief Executive Officer ("CEO") of Cyberonics, Inc. ("Cyberonics"), and other Cyberonics executives. The gist of the analyst reports and related statements was that the option grants were timed to exploit information...

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