Shira Ann Scheindlin (; née Joffe; born August 16, 1946) is an American attorney and jurist who served as a
United States district judge of the
. She is currently of counsel at
Boies Schiller Flexner LLP
Boies Schiller Flexner LLP is an American law firm based in New York City. The firm was founded in 1997 by David Boies and Jonathan D. Schiller, who were joined in 1999 by Donald L. Flexner, a former partner with Crowell & Moring.
The firm has ...
.
Early life and education
Scheindlin was born in
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
She earned a
Bachelor of Arts
A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree in
Far Eastern studies from the
University of Michigan
The University of Michigan (U-M, U of M, or Michigan) is a public university, public research university in Ann Arbor, Michigan, United States. Founded in 1817, it is the oldest institution of higher education in the state. The University of Mi ...
(1967), a
Master of Arts
A Master of Arts ( or ''Artium Magister''; abbreviated MA or AM) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Those admitted to the degree have ...
in history from
Columbia University
Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
(1969), and a
Juris Doctor
A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
from
Cornell Law School
Cornell Law School is the law school of Cornell University, a private university, private, Ivy League university in Ithaca, New York.
One of the five Ivy League law schools, Cornell Law School offers four degree programs (Juris Doctor, JD, Maste ...
(1975).
Career
Before taking her seat on the Southern District, Scheindlin worked as a prosecutor, commercial lawyer, and judge. She was a clerk for federal district court judge
Charles L. Brieant from 1976 to 1977 and, from 1977 to 1981, was an
Assistant United States Attorney
An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. attorney of each U.S. federal judicial district. They represent the federal gov ...
for the
Eastern District of New York. From 1981 to 1982, she was General Counsel for the New York City Department of Investigation. Starting in 1982, and continuing through 1984, she served as
special master
In the law of the United States, a special master is an official appointed by a judge to ensure judicial orders are followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the judge as to the dispositi ...
in the
Agent Orange
Agent Orange is a chemical herbicide and defoliant, one of the tactical uses of Rainbow Herbicides. It was used by the U.S. military as part of its herbicidal warfare program, Operation Ranch Hand, during the Vietnam War from 1962 to 1971. T ...
mass tort litigation. She was an adjunct professor at
Brooklyn Law School
Brooklyn Law School (BLS) is a Private university, private law school in New York City. Founded in 1901, it has approximately 1,100 students. Brooklyn Law School's faculty includes 60 full-time faculty, 15 emeriti faculty, and adjunct faculty.
...
from 1983 to 1994. From 1992 to 1994, she was special master for another mass torts case involving property damaged by
asbestos
Asbestos ( ) is a group of naturally occurring, Toxicity, toxic, carcinogenic and fibrous silicate minerals. There are six types, all of which are composed of long and thin fibrous Crystal habit, crystals, each fibre (particulate with length su ...
.
As a commercial lawyer, Scheindlin worked for
Stroock & Stroock & Lavan (1975–76), Budd, Larner, Gross, Rosenbaum, Greenberg & Sade (1986–90), and Herzfeld & Rubin, P.C. (1990–94).
Federal judicial service
Scheindlin was nominated by President
Bill Clinton
William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
on July 28, 1994, to a seat vacated by
Louis Freeh (who went on to be the director of the FBI). The
United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
confirmed her on September 28, 1994, and she was commissioned on September 29, 1994. On December 12, 2012, Scheindlin's judicial seat was filled by
Lorna G. Schofield after Scheindlin assumed senior status. On March 23, 2016, she announced her intention to retire. She retired from the bench on April 29, 2016.
Scheindlin's greatest influence has been in the field of
electronic discovery
Electronic discovery (also ediscovery or e-discovery) refers to discovery in legal proceedings such as litigation, government investigations, or Freedom of Information Act requests, where the information sought is in electronic format (often r ...
. Scheindlin's decisions in ''
Zubulake v. UBS Warburg'' were "so influential
he rulings werepartially absorbed into the recent civil procedure amendments
n 2006"
Later career
On May 2, 2016, Scheindlin returned to Stroock & Stroock & Lavan LLP, joining the Litigation Practice Group there as counsel to the firm. She also offerered her services as an arbitrator and mediator. In September 2023, Scheindlin joined
Boies Schiller Flexner LLP
Boies Schiller Flexner LLP is an American law firm based in New York City. The firm was founded in 1997 by David Boies and Jonathan D. Schiller, who were joined in 1999 by Donald L. Flexner, a former partner with Crowell & Moring.
The firm has ...
as counsel, saying that the firm's disputes-only offering minimised the potential of client conflicts, which are common at larger firms.
Notable rulings
During her tenure, Scheindlin presided over a number of high-profile cases, many of which advanced important new positions in the interpretation of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
or
federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a country has a central government as well as regional governments, such as subnational states or provinces, each with constituti ...
.
*In December 1997, ''New York'' magazine ran advertisements on 75 New York City buses along with a picture of Mayor
Rudy Giuliani
Rudolph William Louis Giuliani ( , ; born May 28, 1944) is an American politician and Disbarment, disbarred lawyer who served as the 107th mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney ...
that said: "Possibly the only good thing in New York Rudy hasn't taken credit for." Mayor Giuliani had a deputy call the Metropolitan Transportation Authority (MTA) to complain that he had not given the magazine permission to use his name in its ad, and the ads were removed. The magazine sued the City, alleging that it was violating the magazine's
First Amendment rights. The City's lawyers contended that the advertisements "irreparably harm
d Mayor Giuliani's right to control how his name is used in advertising." Judge Scheindlin held that the ads were "clearly a hybrid of commercial speech and political satire." "Salting her opinion with mild sarcasm amid a methodical analysis of the constitutional protections afforded to commercial speech, the judge ordered the Metropolitan Transportation Authority to restore the advertisements immediately to the buses."
*In April 2002, in the case ''United States v. Osama Awadallah'', after Awadallah testified before a
grand jury
A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
that he had met with two of the hijackers behind the
September 11 attacks
The September 11 attacks, also known as 9/11, were four coordinated Islamist terrorist suicide attacks by al-Qaeda against the United States in 2001. Nineteen terrorists hijacked four commercial airliners, crashing the first two into ...
, but could not remember their names, Scheindlin dismissed a perjury charge against him and found that Awadallah's prolonged detention without actual criminal charges was based on misrepresentations and omissions by the government and could not be justified under existing law. Her decision was reversed on appeal.
*In February 2004, in the case ''
Maurice Clarett v. National Football League'', Scheindlin, accepting the antitrust-law arguments raised by counsel, ruled that the
NFL could not bar Clarett from participating in the
2004 NFL draft. This decision was overturned by the
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...
, and the case was not heard by the
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
.
*In April 2004, in the case ''Zubulake v. UBS Warburg'', Scheindlin sanctioned
UBS for not being able to complete their electronic discovery of potentially informative documents, and not complying with their
litigation hold on the destruction of documents. This case has been seen as revolutionary in the legal realms of
human resources
Human resources (HR) is the set of people who make up the workforce of an organization, business sector, industry, or economy. A narrower concept is human capital, the knowledge and skills which the individuals command. Similar terms include ' ...
and
computer forensics
Computer forensics (also known as computer forensic science) is a branch of digital forensics, digital forensic science pertaining to evidence found in computers and digital storage media. The goal of computer forensics is to examine digital me ...
, as the
burden of proof was effectively shifted to the defendant for its inability to produce documents in a timely manner, and the presentation to the jury of an
adverse inference.
*Judge Scheindlin presided over three trials of
John Gotti Jr. ("Junior"), each of which ended in a
mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
due to a
deadlocked jury. The principal charge against Gotti in the trials was
racketeering conspiracy stemming from Gotti's alleged management of the
Gambino crime family
The Gambino crime family (pronounced ) is an Italian American Mafia crime family and one of the "Five Families" that dominate organized crime activities in New York City, within the nationwide criminal phenomenon known as the American Mafia. ...
following the incarceration and death of his father,
John Gotti Sr. "On September 20, 2005, a jury acquitted him of securities fraud and hung 11-1 for conviction on racketeering charges that included an assault on
Curtis Sliwa. His re-trial on the remaining charges the following March also ended in a mistrial, with the jury hung 8-4 for acquittal. At the third trial involving the Sliwa assault, prosecutors convinced 12 jurors that Junior had ordered the kidnapping but failed to convince them that he had engaged in criminal activity after 1999 and the jury again deadlocked on the racketeering charges, this time voting 8-4 for conviction."
*In September 2006, Scheindlin ruled that
Judith Clark, a
Weather Underground radical serving 75 years to life for the murder of a
Brinks guard and two police officers during a robbery, was entitled to a new trial because her
Sixth Amendment right to counsel was violated. Scheindlin found Clark's right to counsel was violated even though the then-self-proclaimed revolutionary insisted on representing herself at trial, turned down legal counsel, boycotted much of the trial, and refused to recognize the court's authority. In January 2008, the Second Circuit Court of Appeals unanimously reversed Scheindlin's ruling and held that Clark was not denied her right to counsel because Clark "knowingly and intelligently exercised her constitutional right to make those choices."
*In January 2009, Judge Scheindlin ruled in ''SEC v
Collins & Aikman'', a case which addressed
discovery
Discovery may refer to:
* Discovery (observation), observing or finding something unknown
* Discovery (fiction), a character's learning something unknown
* Discovery (law), a process in courts of law relating to evidence
Discovery, The Discovery ...
obligations of the Government in civil litigation. The case opines that the government was obliged to search its own electronic data to produce responsive documents (versus providing a 10-million page data dump), submit materials allegedly covered by the deliberative process privilege to the Court for
in camera
''In camera'' (; Latin: "in a chamber"). is a legal term that means ''in private''. The same meaning is sometimes expressed in the English equivalent: ''in chambers''. Generally, ''in-camera'' describes court cases, parts of it, or process wh ...
review, and search its e-mail and attachments after cooperating with the plaintiff in the negotiation of an appropriate search protocol "designed to retrieve responsive information without incurring an unduly burdensome expense disproportionate to the size and needs of the case." Notably, Judge Scheindlin held in this case that the burden rested with the
U.S. Securities and Exchange Commission (SEC) to provide to the defendant the compilation of documents that supported the allegations in the Complaint, rather than passing the burden to the defendant to come up with "appropriate" search terms, especially since "the inaccuracy of such searches is by now relatively well known." (In Footnote 39, she referenced
TREC Legal Track and other studies that research and report on different search methodologies.) She concluded in this case that a government agency is subject to the "same discovery rules that govern private parties (albeit with the benefit of additional privileges such as deliberative process and state secrets)", thus ordering the SEC to produce documents as requested by the plaintiff.
*On September 2, 2009, Judge Scheindlin ruled on whether
credit rating agencies
A credit rating agency (CRA, also called a ratings service) is a company that assigns credit ratings, which rate a debtor's ability to pay back debt by making timely principal and interest payments and the likelihood of default. An agency may r ...
are protected by the
First Amendment where the rating agencies have disseminated their ratings to a select group of investors rather than to the general public. "Judge Shira Scheindlin denied the rating agencies' motions to dismiss. Most significantly, Judge Scheindlin rejected the rating agencies' argument that their rating opinions were entitled to immunity under the First Amendment, and she also rejected their argument that their rating represented non-actionable opinion."
*In 2011, Judge Scheindlin presided over the trial and conviction of arms trafficker
Viktor Bout
Viktor Anatolyevich Bout (; ; born 13 January 1967) is a Russian Arms industry, arms dealer and politician. A weapons manufacturer and former Soviet military translator, he used his companies to smuggle arms from Eastern Europe to Africa and the ...
.
*In August 2013, Judge Scheindlin ruled that the
New York City stop-and-frisk program was being applied in an unconstitutional manner, ordered immediate changes to the program, and called for a monitor to supervise related reforms.
The case was ''
Floyd v. City of New York''. In October 2013, the Second Circuit stayed Scheindlin's decision, and removed her from the case for violating the Code of Conduct for United States Judges.
On November 13, 2013, in response to a Motion filed by Judge Scheindlin seeking reconsideration of her removal from the case on remand, the motion panel of the Second Circuit that issued the Order of removal declined to permit Scheindlin to dispute her removal, but issued an opinion purporting to disavow its previous conclusion that she had "run afoul" of the Code of Conduct. Rather, the panel stated, "
conclude only that, based on her conduct at the December 21, 2007 hearing and in giving the interviews to the news media in May 2013, Judge Scheindlin's appearance of impartiality may reasonably be questioned... and that 'reassignment is advisable to preserve the appearance of justice.'"
*In December 2013, in ''
Morgan Stanley v. Skowron'', 989 F. Supp. 2d 356 (S.D.N.Y. 2013), applying New York's
faithless servant
The faithless servant Legal doctrine, doctrine pursuant to which employees who act unfaithfully towards their employers must forfeit to their employers all compensation received during the period of disloyalty.
It is under the laws of a number of ...
doctrine, she held that a
hedge fund
A hedge fund is a Pooling (resource management), pooled investment fund that holds Market liquidity, liquid assets and that makes use of complex trader (finance), trading and risk management techniques to aim to improve investment performance and ...
's employee engaging in
insider trading
Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider informati ...
in violation of his company's
code of conduct
A code of conduct is a set of rules outlining the social norm, norms, rules, and responsibilities or proper practices of an individual party or an organization.
Companies' codes of conduct
A company code of conduct is a set of rules which is comm ...
, which also required him to report his misconduct, must repay his employer the full $31 million his employer paid him as compensation during his period of faithlessness.
Judge Scheindlin called the insider trading the "ultimate abuse of a
portfolio manager's position."
The judge also wrote: "In addition to exposing Morgan Stanley to government investigations and direct financial losses, Skowron's behavior damaged the firm's reputation, a valuable corporate asset."
*In March 2014, she presided over and dismissed charges against
Devyani Khobragade, a consulate employee arrested in December 2013 and charged with lying to investigators on the
visa application for her domestic employee, finding that India's action in making her a full diplomat after the crime but before
indictment
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an ind ...
gave her
diplomatic immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country. . Her arrest had sparked tensions between the U.S. and India.
* In perhaps her most significant case involving
civil rights
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
, after her Stop and Frisk decision, Judge Scheindlin certified a stipulated agreement between Governor
Andrew Cuomo
Andrew Mark Cuomo ( , ; born December 6, 1957) is an American politician and lawyer who served as the 56th governor of New York from 2011 until his resignation in 2021. A member of the Democratic Party and son of former governor Mario Cuomo, ...
and the
class action
A class action is a form of lawsuit.
Class Action may also refer to:
* ''Class Action'' (film), 1991, starring Gene Hackman and Mary Elizabeth Mastrantonio
* Class Action (band), a garage house band
* "Class Action" (''Teenage Robot''), a 2002 e ...
litigants ''Leroy Peoples. et. al. Peoples v. Fischer'' S.D.N.Y., Index No. 11 CIV 2964 SAS (now titled ''Peoples v. Annucci'' because the case lead to DOCCS Superintendent Fischer's resignation - (Mr. Anthony Annucci is "acting" commissioner)). This 80 million dollar settlement involves the misuse of
solitary confinement
Solitary confinement (also shortened to solitary) is a form of imprisonment in which an incarcerated person lives in a single Prison cell, cell with little or no contact with other people. It is a punitive tool used within the prison system to ...
by the New York Prison system, the Special Housing Unit (SHU), aka the Box.
Awards
*
PEN Oakland/Adelle Foley Award given by
PEN Oakland (2016)
*The Stanley H. Fuld Award for Outstanding Contributions to Commercial Law and Litigation, New York State Bar Association (2014)
*Distinguished Jurist Award from the National Association of Criminal Defense Lawyers (2008)
*William Nelson Cromwell Award for unselfish service to the profession and the community from the New York County Lawyers Association (2007)
*Edward Weinfeld Award for Distinguished Contributions to the Administration of Justice, New York County Lawyers (2005)
*William J. Brennan Award, Criminal Law Section, New York State Bar Association (2003)
*Robert L. Haig Award for distinguished public service, Commercial & Federal Litigation Section, New York State Bar Association (2001)
*Special Achievement Award in appreciation and recognition of Sustained Superior Performance of Duty, U.S. Department of Justice (1980)
Selected works
* "Legal Services: Past and Present", 59 ''Cornell L. Rev.'' 960 (1974).
* (with Charles L. Briaent, Jr.). "Venue in the Second Circuit". 43 ''Brooklyn L. Rev.'' 841 (1977).
* "Discovering the Discoverable: A Bird's Eye View of Discovery in a Complex Multidistrict Class Action Litigation". 52 ''Brooklyn L. Rev.'' 397 (1986).
* (with Stacy Caplow). "A Portrait of a Lady: The Woman Lawyer in the 1980s". 35 ''N.Y.L. Sch. L. Rev.'' 391 (1990).
* "Guide to the Southern District of New York Civil Justice Expense and Delay Reduction Plan". 481 ''PLI/Lit'' 729 (1993).
* "Legal/Business Advice Dichotomy". ''N.Y.L.J.'', August 5, 1993.
* (with David Ross). "The ADR Landscape". 496 ''PLI/Lit'' 437 (1994).
* "A Year in the Life: Reflections of a New District Judge". ''N.Y.L.J.'', November 20, 1995.
* (with John Elofson). "Judges, Juries, and Sexual Harassment". 17 ''Yale L. & Pol'y Rev.'' 813 (1999) *"A Year in the Life: Reflections of a New District Judge", ''N.Y.L.J.'', Nov. 20, 1995.
* "Foreword, A Corporate Counsel's Guide to Discovery in the Information Age". Washington Legal Foundation (2000).
* "Secrecy and the Courts: The Judges' Perspective". 9 ''J.L. & Pol'y'' 169 (2000).
* (with Jeffrey Rabkin) "Electronic Discovery in Federal Civil Litigation: Is Rule 34 Up to the Task?". 41 ''B.C.L. Rev.'' 327 (2000).
* (with Jeffrey Rabkin). "Outside Counsel: Retaining, Destroying and Producing E-Data: Part 2". ''N.Y.L.J.'', May 9, 2002.
* "Judge Jack V. Weinstein, Tort Litigation, and the Public Good: A Roundtable Discussion to Honor One of America's Great Trial Judges on the Occasion of his 80th Birthday". 12 ''J.L. & Pol'y'' 149 (2003).
* (with Jonathan M. Redgrave). "Revisions in Federal Rule 53 Provide New Options for Using Special Masters in Litigation". 76 ''Journal of the N.Y. State Bar Association'' 18 (Jan 2004).
* (with Matthew L. Schwartz). "With All Due Deference: Judicial Responsibility in a Time of Crisis". 32 ''Hofstra L. Rev.'' 795 (Spring 2004).
*"Mastering Rule 53: The Evolution and Impact of the New Federal Rule Governing Special Masters", 51 ''Federal Lawyer'' 34 (Feb. 2004) (with Jonathan M. Redgrave, Esq.).
* (with Kanchana Wangkeo). "Electronic Discovery Sanctions in the Twenty-First Century". 11 ''Michigan Telecommunications and Technology Law Review'' 71 (Fall 2004).
* "E-Discovery: The Newly Amended Federal Rules of Civil Procedure". ''Moore's Federal Practice'', 2006.
* (with Brian Lehman). "One Day in September (A Celebration of the Bill of Rights)". ''N.Y.L.J.'', September 25, 2006.
* "The Future of Litigation". ''N.Y.L.J.'', February 5, 2010.
* "Supreme Court to again address who decides the gateway issue of arbitrability". ''Westlaw Today'', December 7, 2023.
Family and personal life
Scheindlin was born in Washington, DC, and raised in Detroit, Michigan.
She was the second of three children. Her mother, Miriam Shapiro, was a public school teacher. Her father, Boris M. Joffe, was the executive director of the Detroit
Jewish Community Council.
Joffe died in 1960, when Scheindlin was 13.
Scheindlin has two children. Dov Scheindlin is a
violist, currently performing with the
Orpheus Chamber Orchestra
The Orpheus Chamber Orchestra (founded in 1972) is a classical music chamber orchestra based in New York City. They have won several Grammy Awards, and are known for their collaborative leadership style in which the musicians, not a conductor, i ...
and the
Metropolitan Opera Orchestra.
Dahlia Scheindlin is an international public opinion analyst, consultant, and author.
Scheindlin is not related to the television personality
Judith "Judge Judy" Sheindlin.
See also
*
List of Jewish American jurists
References
External links
*
*
*
*
*
{{DEFAULTSORT:Scheindlin, Shira A.
1946 births
Living people
Assistant United States attorneys
Brooklyn Law School faculty
Columbia Graduate School of Arts and Sciences alumni
Cornell Law School alumni
American Jews
American lawyers
Judges of the United States District Court for the Southern District of New York
Lawyers from Washington, D.C.
United States district court judges appointed by Bill Clinton
United States magistrate judges
University of Michigan alumni
American women legal scholars
American legal scholars
20th-century American judges
20th-century American women judges
21st-century American women judges
21st-century American judges