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Robert D. Sack

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Robert David Sack
Senior Judge of the United States Court of Appeals for the Second Circuit
Incumbent
Assumed office
August 6, 2009
Judge of the United States Court of Appeals for the Second Circuit
In office
June 16, 1998 – August 6, 2009
Appointed byBill Clinton
Preceded byRoger Miner
Succeeded byDenny Chin
Personal details
Born
Robert David Sack

(1939-10-04) October 4, 1939 (age 85)
Philadelphia, Pennsylvania
EducationUniversity of Rochester (BA)
Columbia University (LLB)

Robert David Sack (born October 4, 1939) is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit.[1]

Early life and education

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Born to Eugene and Sylvia Sack in Philadelphia, Pennsylvania, Sack was later raised in Brooklyn, New York. His father was a rabbi for 35 years.[2][3]

Sack received a Bachelor of Arts degree from the University of Rochester in 1960 and received his Bachelor of Laws from Columbia Law School in 1963.[1][4]

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He first clerked for Judge Arthur Stephen Lane of the United States District Court for the District of New Jersey.[4] In 1964, he joined Patterson, Belknap & Webb, eventually becoming a partner of the firm. During 1974, he was Associate Special Counsel and Senior Associate Special Counsel for the House Judiciary Committee's impeachment inquiry into President Richard Nixon.[5] Following his government service, Sack returned to Patterson Belknap. In 1986, he joined the law firm of Gibson, Dunn & Crutcher as a partner until his appointment as a circuit judge. Throughout his 33-year career in private practice, Sack specialized in press law and represented numerous United States and foreign-based media companies.[6][7][4]

Federal judicial service

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Sack was nominated by President Bill Clinton on November 6, 1997, to a seat on the United States Court of Appeals for the Second Circuit vacated by Judge Roger J. Miner.[4] He was confirmed by the United States Senate on June 15, 1998, and received his commission on June 16, 1998. He assumed senior status on August 6, 2009.[8][4] While a judge, he authored over 300 opinions and dozens of concurrences and dissents.[9]

Notable opinions

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Doe v. Trump Corporation, 6 F.4th 400 (2d Cir. 2021): Sack, writing for the panel, held that defendants Trump Corporation, Donald J. Trump, and members of his family were not entitled to have the district court enforce an arbitration agreement in a suit for unfair business practices and deceptive statements regarding a multi-level marketing company.[10]

In re Arab Bank, PLC Alien Tort Statute Litigation, 808 F.3d 144 (2d Cir. 2015): Sack, writing for the panel, held that the Alien Tort Statute did not confer original jurisdiction over claims of terrorism victims against bank that allegedly financed and facilitated organizations who committed attacks in Israel, the West Bank, and the Gaza Strip.[11]

Barclays Capital, Inc. v. Theflyonthewall.com, 650 F.3d 876 (2d Cir. 2011): Sack, writing for the panel, concluded that the tort of hot news misappropriation was preempted by the Copyright Act as applied to the facts of the instant case, which concerned a novel lawsuit by various investment banks, which publish and disseminate equity research reports, against a small Internet-based aggregator of stock tips which sold the investment banks' recommendations to its own clients.[11]

Arar v. Ashcroft, 585 F.3d 559 (2d Cir. 2009): Sack, dissenting in part from the majority opinion en banc, wrote that a Bivens remedy should have been available to a dual Canadian-Syrian citizen who was detained by federal officials at John F. Kennedy airport, repeatedly denied access to a lawyer, and subsequently removed to Syria to be interrogated under torture by Syrian authorities for ten months.[12]

Blanch v. Koons, 467 F.3d 244 (2d Cir. 2006): Sack, writing for the panel, affirmed the district court's decision that artist Jeff Koons was protected by the doctrine of fair use, and therefore not liable for copyright infringement, when he incorporated a photographer's copyrighted photo of a woman's feet and lower legs into a larger collage painting, even though Koons had benefited commercially from the work.[13]

Other activities, writings, and awards

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Sack has written and lectured on the subjects of national and international press law.[14][9] In 1980, he published his book entitled Sack On Defamation: Libel, Slander, and Related Problems, now in its 5th edition (2017), which provides guidance and insight into defamation claims and more broadly, communications law.[11] Sack has also specialized in First Amendment law, offering courses as an adjunct professor at Columbia Law School and publishing law review articles about press-law topics.[9]

Awards and honors

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In May 2008, Sack was awarded the Learned Hand Medal for excellence in federal jurisprudence by the Federal Bar Council.[8]

Personal life

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In 1989, Sack married lawyer Anne K. Hilker.[15] Sack has three children from a previous marriage.[9]

References

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  1. ^ a b "Robert D. Sack". Columbia Law School. 2010. Archived from the original on 15 June 2010. Retrieved 31 January 2010.
  2. ^ Zauderer, Mark C. "Remarks of Mark C. Zauderer, FBC President, on the Award of the Council's Learned Hand Award to the Honorable Robert D. Sack, U.S. Circuit Judge for the Second Circuit Court of Appeals"[permanent dead link‍], Law Day Celebration, Waldorf-Astoria Hotel, New York, May 2008.
  3. ^ "Deaths SACK, EUGENE J., RABBI". The New York Times. June 13, 1999. pp. Section 1, Page 57. Archived from the original on July 5, 2024. Retrieved September 10, 2024.
  4. ^ a b c d e "Sack, Robert David - Federal Judicial Center". www.fjc.gov.
  5. ^ "An Oral History Interview with Robert Sack" (PDF). The Richard Nixon Presidential Library and Museum. September 27, 2011. Archived (PDF) from the original on September 11, 2024. Retrieved September 11, 2024.
  6. ^ Keynote Address of Judge Robert D. Sack at Columbia Law School Commencement, May 17, 2007, http://www.law.columbia.edu/grad2007/judge_sack.[dead link‍]
  7. ^ Robert D. Sack, Almanac of the Federal Judiciary (2011).
  8. ^ a b Biography of Hon. Robert D. Sack, U.S. Court of Appeals for the Second Circuit, https://www.ca2.uscourts.gov/judges/bios/rds.html (last accessed September 5, 2024).
  9. ^ a b c d Ad Hoc Committee on the 125th Anniversary of the Court of Appeals for the Second Circuit, United States Court of Appeals (2nd Circuit) (2016). The Judges of the Second Circuit. Cornell Law Review. pp. 539–545. ISBN 9781501716713.{{cite book}}: CS1 maint: numeric names: authors list (link)
  10. ^ Stempel, Jonathan (July 28, 2021). "Trump, children cannot arbitrate marketing scam case -U.S. appeals court". Reuters. Retrieved September 24, 2024.
  11. ^ a b c Calvert, Clay; Bunker, Matthew D. (Spring 2012). "Framing a Semantic Hot-News Quagmire in Barclays Capital v. Theflyonthewall.com: Of Missed Opportunities and Unresolved First Amendment Issues". Virginia Journal of Law & Technology. 17 (1): 50–74 – via HeinOnline.
  12. ^ Fass, Mark (November 3, 2009). "Full Circuit Denies Claim Over Rendition". The New York Law Journal. Retrieved September 25, 2024.
  13. ^ Hamblett, Mark (October 30, 2006). "Koons' 'Transformative' Use Of Photo Affirmed by Circuit". The New York Law Journal. Retrieved September 25, 2024.
  14. ^ "Robert D. Sack". www.law.columbia.edu. Retrieved 2024-09-13.
  15. ^ "Anne K. Hilker, Lawyer, Is Wed", The New York Times, June 10, 1989, p. 150.
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Legal offices
Preceded by Judge of the United States Court of Appeals for the Second Circuit
1998–2009 		Succeeded by
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