Hon. Katherine Polk Failla.
Southern District of New York.

About Hon. Katherine Polk Failla

Hon. Katherine Polk Failla has served as a United States District Judge for the Southern District of New York since 2013. Failla was nominated by President Barack Obama and confirmed by the United States Senate on March 4, 2013, receiving her commission on March 5, 2013.

Failla earned a J.D. from Harvard Law School in 1993, after a B.A. from College of William and Mary in 1990. Before joining the federal bench, she served as an Assistant United States Attorney.

Biographical details above are drawn from the Federal Judicial Center and are provided for reference. For Failla's current Individual Rules of Practice and chambers information, consult the official SDNY judges directory.

The Civil Docket Before Judge Failla

Like every district judge in the Southern District of New York, Judge Failla presides over a mixed federal docket. For civil litigators, that docket is the heart of the matter: breach of contract and commercial disputes, securities and shareholder litigation, business torts, employment and civil-rights claims, and the full range of federal civil matters that come through the district. (Federal district judges also carry criminal cases as part of the same mixed docket; those are outside the scope of this guide, which is written for civil practitioners.)

Each judge in the SDNY sets individual rules of practice governing motions, pre-motion letters, discovery disputes, and courtroom conduct. Before appearing before Judge Failla, confirm the current individual practices and the assigned courtroom. A civil appearance in a federal part should assume strict adherence to those rules, not a routine calendar call.

A Signature Civil Matter Before Judge Failla

Judge Failla presides over a substantial civil docket that includes securities and complex commercial matters. In SEC v. Coinbase, Inc., No. 1:23-cv-04738 (S.D.N.Y.), she issued a closely watched March 2024 decision largely denying the defendant's motion for judgment on the pleadings, allowing the Securities and Exchange Commission's claims that Coinbase operated as an unregistered securities exchange, broker, and clearing agency to proceed under the investment-contract test of SEC v. W.J. Howey Co.

The ruling illustrates the kind of substantive, merits-focused analysis common to this part. For counsel, the practical takeaway is preparation on the merits and strict adherence to the judge's individual rules.

Case description above is drawn from published court decisions and is provided for general reference only. Prior results do not guarantee a similar outcome.

Out-of-State Attorney with a Matter Before Judge Failla?

If you are admitted in another state and have a civil case in the Southern District of New York, you will generally need to be admitted pro hac vice and to associate local counsel who is a member of the bar of this court. The Law Office of Frederic R. Abramson serves as pro hac vice sponsoring and local counsel for out-of-state attorneys in the Southern and Eastern Districts of New York. Fred Abramson has been admitted to the SDNY and EDNY since 1997 and has practiced in New York's courts for 28 years.

Browse the full Southern District of New York judges directory and the Eastern District of New York judges directory, or return to our civil litigation overview.

Attorney Advertising. Prior results do not guarantee a similar outcome. This page is an independent reference guide and is not affiliated with, endorsed by, or approved by the United States District Court for the Southern District of New York or the judge named. The Law Office of Frederic R. Abramson, 160 Broadway, Suite 500, New York, NY 10038. 212-233-0666.

Court rules and procedures change frequently. Information on this page is for general reference only and may not reflect the most current rules. Verify all information against the judge's Individual Rules of Practice and with the Clerk of Court before your appearance.