Naomi Reice Buchwald

American judge (born 1944)

Naomi Lynn Reice Buchwald (born February 14, 1944) is a senior United States district judge of the United States District Court for the Southern District of New York .

Early life and education

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Naomi Reice was born in 1944 in Kingston, New York , to Mr. and Mrs. Albert Reice. She graduated Phi Beta Kappa from Brandeis University in 1965 and then _cum laude _ from Columbia Law School in 1968.

Career

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Naomi Reice, as she was then known, practiced law in New York City from 1968 until 1973, when she became an Assistant United States Attorney in the Southern District of New York, rising to the position of Chief of the Civil Division. She held this position until she was named a United States magistrate judge in the same district in 1980. She served as chief United States magistrate judge from 1994 until 1999.

Federal judicial service

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On February 12, 1999, Buchwald was nominated by President Bill Clinton to a seat on the United States District Court for the Southern District of New York vacated by Miriam G. Cedarbaum . Buchwald was confirmed by the Senate on September 13, 1999, and received her commission on September 22, 1999. She assumed senior status (a form of semi-retirement) on March 21, 2012.

Notable cases

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SEC v. Dorozhko

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In a 2008 civil case concerning insider trading , Buchwald ordered the U.S. Securities and Exchange Commission (SEC) to unfreeze the ill-gotten profits of Ukrainian resident Oleksandr Dorozhko. Dorozhko was accused of hacking into a company database to access a then-unreleased earnings announcement. Based upon the undisclosed information, Dorozhko invested $41,671 in put options , which he sold the following day for $328,571. The SEC froze the profits, but the judge ruled against the SEC, finding that while Dorozhko's conduct almost certainly was criminal, it did not fall within the relevant civil statute. Buchwald stayed her order pending appeal.

The United States Court of Appeals for the Second Circuit reversed the judge's ruling. When Dorozhko later stopped participating in his defense, Buchwald granted the SEC summary judgement and ordered Dorozhko to pay nearly $580,000 in disgorgement, prejudgment interest, and a civil penalty. The SEC managed to seize $296,456 of this amount.

Organic Seed Growers & Trade Ass'n v. Monsanto Co.

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On February 24, 2012, Buchwald dismissed a lawsuit brought by a consortium of U.S. organic farmers and seed dealers aggrieved by Monsanto's genetically modified organism seeds. Monsanto denied that it had harmed anyone. After extensive briefing and oral argument, she held that the plaintiffs had no standing to sue, calling the case a "transparent effort to create a controversy where none exists." The decision was appealed to the United States Court of Appeals for the Federal Circuit on March 28, 2012. The Supreme Court declined to hear an appeal by the organic farmers in January 2014.

In re LIBOR-Based Financial Instruments Antitrust Litigation

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In March 2013, Buchwald dismissed much, though not all, of a class-action lawsuit directed at the banks that allegedly manipulated the London Interbank Offered Rate (LIBOR).

In a 161-page memorandum of decision, she held that U.S. antitrust law did not apply. She said that since the LIBOR-setting process was never meant to be competitive, the suppression of that process was not anti-competitive.

In May 2016, the U.S. Court of Appeals for the Second Circuit reversed the dismissal order, reinstating the lawsuit.

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Knight First Amendment Institute v. Donald J. Trump

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On May 23, 2018, Buchwald held that President Trump's blocking of the plaintiffs from his Twitter account @realDonaldTrump was "because of their expressed political views violates the First Amendment." Buchwald differentiated between Twitter's muting and blocking functions, explaining that muting "vindicates the President's right to ignore certain speakers and to selectively amplify the voices of certain others . . . without restricting the right

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