<![CDATA[Morvillo Abramowitz Grand Iason & Anello PC]]> http://www.maglaw.com/misc/feed.xml en-us <![CDATA[Recent Case Law on the Appointment of SEC Administrative Law Judges]]> http://www.maglaw.com/publications/blog-posts/recent-case-law-on-the-appointment-of-sec-administrative-law-judges http://www.maglaw.com/publications/blog-posts/recent-case-law-on-the-appointment-of-sec-administrative-law-judges The Securities and Exchange Commission (“SEC”) brings enforcement actions in two ways: by filing a complaint in federal district court, or by filing an administrative action before an SEC administrative court headed by an SEC administrative law judge (“ALJ”). The SEC has discretion over the jurisdiction in which they will bring the action. [...]

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<![CDATA[Morvillo Abramowitz Earns a Firm Spot Among <em>Law360’s</em> 2016 White Collar Practice Groups of the Year]]> http://www.maglaw.com/recognitions/100665 http://www.maglaw.com/recognitions/100665 On Tuesday, February 8, 2017, Morvillo Abramowitz was selected by Law360 as a 2016 White Collar Practice Group of the Year. Law360’s profile focuses on the firm’s successful representation at trial of Dewey & LeBoeuf LLP’s former chairman Steven Davis, its involvement in the high-profile VimpelCom Ltd. FCPA investigation and subsequent settlement (one of the largest in U.S. history), and its victory at trial in a long-running litigation matter. Partner Robert J. Anello noted that, “the continued success of the firm and its white collar group largely flows from a collaborative work culture that’s less structured on hierarchy and more focused on collecting ideas.”

Law360’s Practice Groups of the Year series recognizes “law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.” Now in its seventh year, the Practice Groups of the Year series received more than 600 submissions, and only five were chosen for the White Collar category.

For more information, please click here.

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<![CDATA[Morvillo Abramowitz Earns a Firm Spot Among <em>Law360’s</em> 2016 White Collar Practice Groups of the Year]]> http://www.maglaw.com/news/releases/100665 http://www.maglaw.com/news/releases/100665 NEW YORK, February 8, 2017 – Morvillo Abramowitz has been selected by Law360 as a 2016 White Collar Practice Group of the Year. Law360’s profile focuses on the firm’s successful representation at trial of Dewey & LeBoeuf LLP’s former chairman Steven Davis, its involvement in the high-profile VimpelCom Ltd. FCPA investigation and subsequent settlement (one of the largest in U.S. history), and its victory at trial in a long-running litigation matter. Partner Robert J. Anello noted that, “the continued success of the firm and its white collar group largely flows from a collaborative work culture that’s less structured on hierarchy and more focused on collecting ideas.”

Law360’s Practice Groups of the Year series recognizes “law firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry.” Now in its seventh year, the Practice Groups of the Year series received more than 600 submissions, and only five were chosen for the White Collar category.

For more information, please click here.

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<![CDATA[SEC's View on Statute of Limitations Faces Another Test]]> http://www.maglaw.com/publications/articles/00443 http://www.maglaw.com/publications/articles/00443 SEC Takes a Second Bite at Statute of Limitations Apple: Last month, the Supreme Court granted certiorari in Kokesh v. SEC to settle the issue of whether the so-called "fallback" five-year statute of limitations applies to SEC disgorgement claims. This article highlights the federal courts’ ongoing debate about the nature of the disgorgement remedy, and the potential impact of the Supreme Court’s decision on SEC enforcement proceedings.

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<![CDATA[Was President Trump’s Decision to Tell Sally Yates “You're Fired” a Retaliatory Employment Action?]]> http://www.maglaw.com/publications/blog-posts/was-president-trumps-decision-to-tell-sally-yates-youre-fired-a-retaliatory-employment-action http://www.maglaw.com/publications/blog-posts/was-president-trumps-decision-to-tell-sally-yates-youre-fired-a-retaliatory-employment-action Pursuant to the Whistleblower Protection Enhancement Act (WPEA), signed by President Barack Obama in 2012, U.S. government employees have a statutory right to "blow the whistle" without suffering retaliation. The WPEA protects federal employees who disclose violations of laws, rules, or regulations and mismanagement, except when such disclosures are specifically prohibited by law or required by Executive order to "be kept secret in the interest of national defense or the conduct of foreign affairs." An independent federal agency, the Office of Special Counsel, has the authority to investigate the "prohibited personnel practices" enumerated in the WPEA and also serves as a conduit for evaluating whistleblower disclosures. [...]

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<![CDATA[Yates Letter v. Yates Memorandum: Which Will We Remember?]]> http://www.maglaw.com/publications/articles/00441 http://www.maglaw.com/publications/articles/00441 Before her last stand refusing to enforce the Muslim Ban and subsequent firing, Sally Quillian Yates was best known for authoring the Yates Memorandum. This policy directive, released over a year ago in apparent response to criticism of the Department of Justice’s (“DOJ”) handling of cases related to the nation’s financial crisis, directed DOJ prosecutors to focus on holding individuals accountable through criminal prosecutions. Today, entities embroiled in criminal investigations continue to pay massive fines and plead guilty to criminal charges, but these investigations have led to few individual convictions. In this article, we discuss the differences between white collar corporate and individual prosecutions, explain how establishing individual criminal liability has proven difficult for prosecutors, and conclude that the Yates Memorandum may not materially alter the landscape. Thus, Yates may be remembered more for her letter refusing to enforce the Muslim Ban as unjust, not for the Yates Memorandum.

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<![CDATA[Ethical Public Service in the Wake of <em>McDonnell v. United States</em>]]> http://www.maglaw.com/events/00005 http://www.maglaw.com/events/00005 On Friday, January 27, 2017, partner Brian A. Jacobs will speak at a CLE presentation for the New Jersey Legislature, Office of Legislative Services. Brian’s panel is entitled, “Ethical Public Service in the Wake of McDonnell v. United States,” and will be held in Committee Room 4, State House Annex of the New Jersey Legislature’s Offices.

For more information, please click here.

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<![CDATA[Tax Enforcement, John Doe Summonses And Digital Currency]]> http://www.maglaw.com/publications/articles/00442 http://www.maglaw.com/publications/articles/00442 With the advent of virtual currencies, tax enforcement faces a new threat that has the potential of rendering assets effectively untraceable. In tackling the challenge presented by 21st century financial instruments, the IRS has turned to John Doe summonses, which were an integral part of its offshore banking enforcement program. This article discusses the background of John Doe summonses and their potential use in addressing the financial privacy offered by virtual currencies.

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<![CDATA[How Will the New Administration Prosecute Businesses?]]> http://www.maglaw.com/publications/blog-posts/how-will-the-new-administration-prosecute-businesses http://www.maglaw.com/publications/blog-posts/how-will-the-new-administration-prosecute-businesses A pervasive sense of uncertainty about America under the President set to be sworn in tomorrow has extended into almost every aspect of life. Perhaps due to his own past and lack of transparency, speculation abounds about potential changes to white-collar prosecution priorities and securities enforcement under a Trump administration. Anticipating what kind of impact a Trump presidency will have on white-collar criminal practice is largely guesswork given the new leader’s tendency towards imprecision. A look at Trump’s statements and actions to date, as well as his appointees, however, may provide some limited insight. [...]

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<![CDATA['Salman': Addressing Vagueness In Insider Trading Law]]> http://www.maglaw.com/publications/articles/00440 http://www.maglaw.com/publications/articles/00440 The Supreme Court's highly anticipated decision in Salman v. United States proved to be anticlimactic. It essentially restated the law of tipper/tippee liability set out in Dirks v. SEC. In one area, however, the Court broke new ground – its discussion of the persistent charge that judicially fashioned insider trading law is too vague to satisfy the requirements of due process. In our latest article, we describe the vagueness arguments made in Salman, explain the Supreme Court's grounds for rejecting these arguments, and suggest potential limitations to the Court's vagueness analysis.

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