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Denise Cote

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Denise Cote
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Current Court Information:
United States District Court for the Southern District of New York
Title:   Senior Judge
Station:   New York, NY
Service:
Appointed by:   Bill Clinton
Active:   08/10/1994 - 12/15/2011
Senior:   12/15/2011 - Present
Preceded by:   Mary Lowe
Succeeded by:   Katherine Failla
Past post:   Special Assistant to the Assistant U.S. Attorney General
Past term:   1994
Personal History
Born:   1946
Hometown:   St. Cloud, MN
Undergraduate:   St. Mary's College, 1968
Law School:   Columbia Law, 1975
Grad. School:   Columbia, 1969

Denise Cote is a federal judge for the United States District Court for the Southern District of New York. She joined the court in 1994 after being nominated by President Bill Clinton. Prior to her judicial appointment, she worked as a Special Assistant to Assistant U.S. Attorney General of the Criminal Division of the U.S. Department of Justice in 1994. On December 15, 2011, Cote assumed senior status after seventeen years on the bench.[1]

Education

Born in St. Cloud, Minnesota, Cote graduated from St. Mary's College with her B.A. in 1968, and later from Columbia University with her master's degree in 1969. In 1975, Cote earned her J.D. from Columbia Law School.[1]

Professional career

  • 1994: Special assistant to the Assistant U.S. Attorney General, Criminal Division of the U.S. Department of Justice
  • 1991-1994: Criminal Division Chief, U.S. Attorney's Office of the Southern District of New York
  • 1985-1991: Attorney in private practice, New York, New York
  • 1977-1985: Assistant U.S. Attorney, U.S. Attorney's Office of the Southern District of New York
  • 1976-1977: Attorney in private practice, New York, New York
  • 1975-1976: Law clerk, Hon. Jack Weinstein, Eastern District of New York[1]

Judicial career

Southern District of New York

On the recommendation of New York U.S. Senator Daniel Patrick Moynihan, Cote was nominated to the United States District Court for the Southern District of New York by President Bill Clinton on April 26, 1994, to a seat vacated by Mary Lowe. Cote was confirmed by the Senate on August 9, 1994, on a majority vote and received commission on August 10, 1994. On December 15, 2011, Cote assumed senior status after seventeen years on the bench.[2]

Notable cases

Apple found guilty of conspiring in e-book pricing (2013-2014)

     United States District Court for the Southern District of New York (United States v. Apple, 12 Civ. 2826)

In July 2013, Judge Cote ruled that Apple violated U.S. antitrust laws in price-fixing electronic books with five major book publishers. The ruling found that executives at these companies met in secret to arrange a new price for e-books, in order to compete with Amazon's $9.99 titles.[3][4]

In response to the ruling, a spokesperson for Apple said,

Apple did not conspire to fix e-book pricing and we will continue to fight against these false accusations.[5][6]

In a statement released by the United States Department of Justice, Assistant Attorney General Bill Baer said:

After carefully weighing the evidence, the court agreed with the Justice Department and 33 state attorneys general that executives at the highest levels of Apple orchestrated a conspiracy...to raise e-book prices. Through today’s court decision and previous settlements with five major publishers, consumers are again benefitting from retail price competition and paying less for their e-books.[7][6]

In October 2013, Judge Cote appointed former prosecutor Michael Bromwich to oversee Apple's compliance with antitrust policy.[8]

In June 2014, Judge Cote ruled that because of the "reprehensibility" of Apple's behavior in its e-book price-fixing scheme, that the company should be held liable under both federal and state law:[9]

It is fundamental to our republic that both the states and the federal government are empowered to punish those who violate their laws, even when both violations arise out of the same conduct.[6]

Ringtones and copyright law (2009)

     United States District Court for the Southern District of New York (In Re Application of Cellco Partnership d/b/a Verizon Wireless; Related to U.S., v. ASCAP, 1:09-cv-07074-DLC)

Judge Cote ruled in a copyright lawsuit filed against AT&T and Verizon by the American Society of Composers, Authors and Publishers, a music industry organization. ASCAP alleged the ringtones the phone companies sold were public performances that required royalty payments be made to the holders of the copyrights. The argument was essentially that when a ringtone started playing in public, it was akin to a concert hall, and thus that the "performance" of copyrighted material made those responsible for it liable for royalty payments to those who owned the copyrights.[10] Judge Cote held that the playing of ringtones in public without any commercial purpose did not infringe copyright. She applied an exemption to ringtones under the reasoning that they announced phone calls and were not providing public, commercial entertainment.[10]

See also

United States District Court for the Southern District of New York

External links

References

Federal judicial offices
Preceded by:
Mary Lowe
Southern District of New York
1994–2011
Succeeded by:
Katherine Failla


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