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Edition: U.S. Article Comments (0) Save Email Print Reprints Most Popular Most Shared Judge tells Mississippi schools to stop segregating 13 Apr 2010 Texas man pleads guilty to hiding money at UBS 13 Apr 2010 Quake kills 400, schools cave in | Video 3:57pm EDT Iran not nuclear weapons capable for "at least a year"-Gates 13 Apr 2010 WRAPUP 1-China sells gasoline to Iran, but sanctions loom 10:39am EDT Judge tells Mississippi schools to stop segregating 13 Apr 2010 Special Report: Are regulators dropping the ball on biocrops? 13 Apr 2010 Quake kills 400, schools cave in | Video 3:57pm EDT Diet can sharply cut Alzheimer's risk: study 12 Apr 2010 Vatican under fire for linking gays to pedophilia 11:08am EDT Website says imperiled by Wall Street hot-news ban Jonathan Stempel NEW YORK Wed Apr 14, 2010 2:49pm EDT Related News SEC asks Judge Rakoff to approve pact in Galleon case Mon, Apr 12 2010 SEC asks Judge Rakoff to OK pact in Galleon case Mon, Apr 12 2010 Google sued by visual artists over book scanning Wed, Apr 7 2010 Barclays seeks Lehman assets, over trustee disputes Tue, Apr 6 2010 Judge tosses lawsuit against Marvel, Stan Lee Mon, Apr 5 2010 NEW YORK (Reuters) - Financial news service Theflyonthewall.com Inc has urged a Manhattan federal judge to lift a ban on its quickly reporting "hot news" about analyst research from three Wall Street banks, saying the ban has cost it subscribers and could threaten its survival. Technology | Media The company made its request to U.S. District Judge Denise Cote, who last month issued an injunction requiring it to wait two or more hours before publishing research from Bank of America Corp's Merrill Lynch unit, Barclays Plc and Morgan Stanley. Such a delay "constitutes irreparable harm of the highest order," Theflyonthewall.com President Ron Etergino said in a court filing. He said the order puts the Summit, New Jersey-based company at a "distinct competitive disadvantage in the online financial news business," and will cause "substantial adverse financial consequences" as time passes. In her March 18 ruling, Cote said the company engaged in "systematic misappropriation" and got an improper "free ride" in quickly publishing the three banks' analyst upgrades and downgrades. Such analyst research can move stocks higher and lower, and be critical to traders as well as to the news media they depend on for fast, and often instantaneous, news dissemination. Theflyonthewall.com on Wednesday asked Cote to lift her injunction while it appeals to the U.S. 2nd Circuit Court of Appeals in New York. Alternatively, it sought permission to report research first published by one of six "mainstream" news services: Bloomberg LP, CNBC television, Dow Jones Newswires, the New York Times, Thomson Reuters and the Wall Street Journal. Bank of America spokesman Bill Halldin declined to comment. Barclays spokesman Mark Lane also declined to comment as did Morgan Stanley spokeswoman Sandra Hernandez. A lawyer for Theflyonthewall.com did not immediately return a request for comment. CHALLENGE TO STAY IN BUSINESS In issuing her injunction, Cote ordered Theflyonthewall.com to wait until 10 a.m. to report research from the three banks that was issued before the market opens, and at least two hours for research issued later. She said the service could apply in one year to lift the injunction. But Theflyonthewall.com said the order gives competitors under no such constraints an unfair advantage, and raises issues under the First Amendment to the U.S. Constitution. "As a result of the injunction, defendant has begun to receive cancellations from its subscribers," lawyers for the company said in a separate filing. "Defendant is presented with the day-to-day challenge to remain in business during the pendency of its appeal." Theflyonthewall.com has said it employs 30 people, and charges $50 a month, or $480 annually, for its services. The case is Barclays Capital et al v. Theflyonthewall.com Inc, U.S. District Court, Southern District of New York, No. 06-04908. (Reporting by Jonathan Stempel; Additional reporting by Grant McCool; Editing by Lisa Von Ahn, Richard Chang and Steve Orlofsky) Technology Media Add a Comment *We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language or appear to be spam and review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. More from Reuters Twitter snags over 100 million users, focus on revenue SAN FRANCISCO (Reuters) - Microblogging sensation Twitter has signed up more than 100 million users and hopes to snag hundreds of millions more in coming years by making the service easier and more accessible on mobile devices like cell phones. Apple delays iPad's international launch | Video Website says imperiled by Wall Street hot-news ban Apple updates MacBook Pro Psst, hey, want an iPad? Apple fans hit gray market New York Times leads pack of Webby nominees » More Top News Soros warns on market crash Billionaire financier George Soros warns that markets could be hurtling towards an even bigger boom and bust than the credit crisis. Full Article Are some banks too "clubby" to fail? Obama pushes on financial reform Regulation Personal Finance: Five tax blunders to avoid From giving the government a free loan to not keeping track of your charitable receipts, the devil is in the details if you want to save on taxes. Full Article Can't pay your taxes? 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Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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