Live Blogging Joe Nacchio Oral Arguments
Update: Nothing on classified information or telecoms and NSA surveillance requests. Neither side brought it up.
I'm in the courtroom at the Tenth Circuit Court of Appeals waiting for oral arguments to begin in the appeal of former Qwest CEO Joseph Nacchio who was convicted earlier this year of insider trading. I'll be live-blogging over at 5280.com for as long as my batteries and internet connection last.Update: Conclusion: This is no slam dunk for the Government, particularly on whether Judge Nottingham erred in excluding expert defense witness Fischel without a Daubert hearing and perhaps on the materiality instruction. The judges were definitely harder on the Government than on Maureen Mahoney. You can't predict the outcome of an appeal based on the questions. Still, two of the judges seemed more favorable to the defense than the government on the materiality issue and all three had problems with the exclusion of the defense expert witness without a Daubert hearing. If I were Nacchio, I'd be cautiously optimistic. If I were the Government, I'd be concerned. But no one has a crystal ball and everyone will have to wait until the opinion is rendered.
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