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James David O'Brien v. Securities and Exchange Commission
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-37 · judgment January 11, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Did the United States Court of Appeals for the Second Circuit err in deciding that a proponent of testimony pursuant to a proffer agreement, entered into with a federal governmental agency after their issuance of a subpoena, is not later protected under that proffer agreement from providing testimony pursuant to a subsequently issued identical subpoena from the same federal agency, in the same proceeding, and seeking the same testimony as that offered pursuant to the proffer agreement?
Counsel of record
For petitioner
John Mooshegh Hanamirian
Hanamirian Law Firm, P.C.
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 14 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 12 2021Waiver of right of respondent SEC to respond filed.
- Jul 08 2021Supplemental brief of petitioner James David O'Brien filed.
- Jun 10 2021Petition for a writ of certiorari filed. (Response due July 15, 2021)