<![CDATA[Morvillo Abramowitz Grand Iason & Anello PC]]> http://www.maglaw.com/misc/feed.xml en-us <![CDATA[Ethical Rules for Social Media Gain Clarity]]> http://www.maglaw.com/publications/blog-posts/ethical-rules-for-social-media-gain-clarity http://www.maglaw.com/publications/blog-posts/ethical-rules-for-social-media-gain-clarity On March 10, 2015, the New York County Lawyers Association ("NYCLA") weighed in on the ethical implications for lawyers who use social media websites for professional self-promotion. In Formal Opinion 748, NYCLA addressed the widespread use of LinkedIn and specifically examined (1) whether a LinkedIn profile is considered "Attorney Advertising;" (2) when it is appropriate for attorneys to accept endorsements and recommendations; and (3) what information attorneys should include and exclude from social media profiles. Although the NYCLA opinion does not resolve all open questions about the nature and extent of the information attorneys can post on LinkedIn without running afoul of the New York Rules of Professional Conduct, it answers significant questions left open by two Committees of the New York State Bar Association ("NYSBA"). [...]

]]>
<![CDATA[Discharging Tax Debts in Bankruptcy: When is a Return not a Return?]]> http://www.maglaw.com/publications/articles/00390 http://www.maglaw.com/publications/articles/00390 Falling behind on one’s taxes often leads to a downward spiral, and it is not uncommon for a taxpayer who cannot pay her tax obligations to decide not to file a return. Not only does such a failure to file expose the taxpayer to additional penalties and potential criminal liability, but it can have devastating ramifications if she subsequently files for bankruptcy. This article discusses In re Fahey, in which the United States Court of Appeals for the First Circuit joined the Fifth and Tenth Circuits in concluding that filing deadlines are “filing requirements” under 11 U.S.C. Section 523(a)(*) and thus that the tax liabilities reflected on untimely returns are not subject to discharge. While these Courts of Appeals have all interpreted the so-called “hanging paragraph” in a manner that precludes virtually all late-filers from discharging tax liabilities in bankruptcy, there are compelling reasons to exclude returns accepted by the relevant taxing authority from such a harsh rule. Clearly, there is more to come on this issue. In the meantime, Fahey provides yet another reason for practitioners to urge their clients to file their returns on a timely basis.

]]>
<![CDATA[Meet the <em>Fokker</em>: Continued Judicial Skepticism toward Deferred Prosecution Agreements]]> http://www.maglaw.com/publications/blog-posts/meet-the-fokker-continued-judicial-skepticism-toward http://www.maglaw.com/publications/blog-posts/meet-the-fokker-continued-judicial-skepticism-toward In recent years, the Department of Justice has come to rely on Deferred Prosecution Agreements (DPAs) to resolve many high-profile investigations of corporate wrongdoing. Under DPAs, criminal charges are filed in district court, and prosecution is deferred pending a corporate defendant’s fulfillment of remedial obligations, including payments to the government. [...]

]]>
<![CDATA[Partner Catherine M. Foti Testifies Before the United States Sentencing Commission]]> http://www.maglaw.com/news/releases/00599 http://www.maglaw.com/news/releases/00599 NEW YORK, March 12, 2015 - Partner Catherine M. Foti gave testimony on behalf of the New York Council of Defense Lawyers (“NYCDL”) before the United States Sentencing Commission (“Commission”) for the hearing on 2015 Proposed Amendments to the Federal Sentencing Guidelines. In her capacity as the Chair of the NYCDL’s Sentencing Guidelines Committee, Cathy addressed the Commission with respect to the proposed amendments to the economic crime guidelines under consideration during this amendment cycle.
 
Please click here to read Cathy’s full testimony.

]]>
<![CDATA[White-Collar Enforcement Under Attorney General Eric Holder]]> http://www.maglaw.com/publications/articles/00389 http://www.maglaw.com/publications/articles/00389 When Attorney General Eric Holder took office in February 2009, the country was in the midst of a financial crisis, and many voices called for holding companies and individuals accountable for alleged criminal conduct. In this article, we discuss how the Department of Justice responded to the financial crisis, highlight key initiatives separate from the financial crisis, and address likely Department priorities going forward.

]]>
<![CDATA[A Small Barracuda in a Big Pond: New York’s Department of Financial Services]]> http://www.maglaw.com/publications/blog-posts/a-small-barracuda-in-a-big-pond-new-yorks-department-of-financial-services http://www.maglaw.com/publications/blog-posts/a-small-barracuda-in-a-big-pond-new-yorks-department-of-financial-services World-wide financial institutions take notice – New York has a new regulator on the scene. Newsweek describes him as “body-slamming” one of the world’s largest banks, “the man the banks fear most.” The Wall Street Journal has labeled him “one of Wall Street’s most dogged pursuers.” American Banker characterizes him as “pushing the envelope” of bank regulation. In three years on the job, this regulator and the new agency he rules have extracted more than $3 billion in fines from global banks. In a speech he delivered at Columbia University this Wednesday, the regulator made clear that, in all likelihood, these headline-grabbing events are just a sign of things to come. [...]

]]>
<![CDATA[Recurring Challenges to Privilege and Work Product Doctrine]]> http://www.maglaw.com/publications/articles/00388 http://www.maglaw.com/publications/articles/00388 In this article, we discuss three recent decisions by judges of the U.S. District Court for the Southern District of New York which expose some common misconceptions regarding the attorney-client privilege and work product doctrine and offer some valuable guidance for those litigating privilege and work product disputes.

]]>
<![CDATA[The Surprise Cost of Whistleblowing]]> http://www.maglaw.com/publications/blog-posts/the-surprise-cost-of-whistleblowing http://www.maglaw.com/publications/blog-posts/the-surprise-cost-of-whistleblowing On February 3, 2015, in United States v. Huron Consulting Group, Inc., U.S. District Judge Jed S. Rakoff, took the unusual – but not unprecedented – step of ordering a False Claims Act (“FCA”) relator to pay thousands of dollars of costs to the prevailing defendants Huron Consulting Group, Inc. and Empire Health Choice Assurance, Inc. This opinion highlights the financial dangers faced by individuals who try to blow the whistle on potentially illegal behavior. [...]

]]>
<![CDATA[Waning Influence of Sentencing Guidelines in White-Collar Cases]]> http://www.maglaw.com/publications/articles/00387 http://www.maglaw.com/publications/articles/00387 The restoration of sentencing judges’ discretion in the post-Booker era has rendered the federal sentencing guidelines—widely perceived as unduly punitive—less important in the white-collar context. Statistics confirm that courts increasingly have chosen to impose non-guideline sentences and, in some recent high profile cases, even the prosecution has proposed sentences below the guideline range. The U.S. Sentencing Commission recently has responded to complaints about the guidelines’ application by proposing a series of amendments to the guidelines governing economic crimes. We discuss all of this in our latest New York Law Journal article.

]]>
<![CDATA[Internal Revenue Service Budget Cuts Spell Trouble]]> http://www.maglaw.com/publications/articles/00386 http://www.maglaw.com/publications/articles/00386 According to its mission statement, the Internal Revenue Service’s goal is “to provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all.” Over the past few years, the IRS has had to fulfill this mission with shrinking resources, and National Taxpayer Advocate Nina E. Olson has noted that “the budget environment of the last five years has brought about a devastating erosion of taxpayer service, harming taxpayers individually and collectively.” In this article, we discuss concerns that the additional cuts implemented as part of the recent budget deal will undermine both revenue collection and the fair enforcement of the Internal Revenue Code. 

]]>