Born in
New York City,
New York, Holwell received a
Bachelor of Arts degree from
Villanova University in 1967 and a
Juris Doctor from
Columbia University School of Law in 1970. He graduated from
Cambridge University School of Criminology in 1971.[1] He was in private practice of law in New York City, from 1971 to 2003, becoming a partner at
White & Case LLP. There, his practice concentrated on securities, antitrust, bankruptcy and financial-market matters, as well as civil and criminal investigations before the Securities and Exchange Commission, Justice Department and Federal Trade Commission.[2] Holwell also represented former New York governor
George Pataki in a case that upheld the governor's authority to remove a district attorney who opposed the death penalty.[3]
Federal judicial service
On August 1, 2002, Holwell was nominated by President
George W. Bush to a seat on the
United States District Court for the Southern District of New York, vacated by
Barrington D. Parker Jr. The initial nomination having not succeeded, Holwell was renominated for the position on January 7, 2003 and was confirmed by the
United States Senate on September 17, 2003, after the White House and New York senator
Charles Schumer resolved a long-running feud over the selection process for New York judges.[4] Holwell received his commission on September 22, 2003. On February 7, 2012, Holwell resigned from the bench to found Holwell Shuster & Goldberg LLP, a boutique commercial litigation firm, with two former
Kasowitz Benson Torres & Friedman LLP partners.[5][6]
Noteworthy cases
In August 2008, Holwell granted
habeas corpus relief to a prisoner with a history of mental illness who had served nine years in prison for stealing eight dollars. Holwell ruled that a New York state court violated the prisoner's
due process rights when it refused to allow him to contest a social worker's conclusion that he was competent to stand trial.[7]
In April 2008, Holwell ruled that New York City could lawfully require fast food restaurants to post calorie information on their menus.[8]
In March 2007, Holwell issued an opinion on the
res judicata effects of U.S.
class action judgments in jurisdictions outside the U.S., ruling that certain European plaintiffs could join a shareholder lawsuit against
Vivendi that asserted claims under U.S. law.[9]
In January 2004, Holwell ordered the federal
Bureau of Prisons to reconsider a policy that precluded a prisoner from being assigned to a halfway house until 90% of his sentence was served.[10]
^Gary Spencer, Pataki's Removal Of Prosecutor Upheld: Court, 4-3, Allows Action In Capital Case, N.Y.L.J. Dec. 5, 1997, at 1.
^Tom Brune, Accord on Judicial Nominees for NY, Newsday, July 23, 2006, at A16; Daniel Wise, Judge-Picking Dispute Delays Six Nominees; Schumer, Pataki Closing In on Power-Sharing Deal, N.Y.L.J. June 26, 2003, at 1; Federal Judicial Center, Judges of the United States Courts: Richard Holwell,
http://www.fjc.gov/servlet/tGetInfo?jid=3027.
^[1], Judge in Rajaratnam Insider Trading Trial to Step Down From Bench