<![CDATA[Morvillo Abramowitz Grand Iason & Anello PC]]> http://www.maglaw.com/misc/feed.xml en-us <![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. [...]

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<![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.

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<![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. [...]

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<![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.

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<![CDATA[<em>Benchmark Litigation</em> Names Morvillo Abramowitz White Collar Crime/Enforcement/Securities Firm of the Year 2015]]> http://www.maglaw.com/news/releases/00598 http://www.maglaw.com/news/releases/00598 NEW YORK, January 29, 2015 - Benchmark Litigation named Morvillo Abramowitz White Collar Crime/Enforcement/Securities Law Firm of the Year at its Annual Awards ceremony.

In addition to winning this award, the recently released Benchmark Litigation 2015 guide identifies Morvillo Abramowitz as a “Highly Recommended” firm (the guide's top honor) in New York, and ranks the firm in the top tier nationally in White Collar Crime/Enforcement/Investigations. Further, 12 individual Morvillo Abramowitz lawyers were named as “Litigation Stars” in the publication. According to Benchmark, “client feedback on the firm is resounding and plentiful; one such client in particular cheers, ‘[…] Integrity and talent to defend on principle: sadly, a novel concept these days, but not with this firm.’”

Benchmark Litigation is the definitive guide to America's leading litigation firms and attorneys.

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<![CDATA[<em>Benchmark Litigation</em> Names Morvillo Abramowitz White Collar Crime/Enforcement/Securities Firm of the Year 2015]]> http://www.maglaw.com/news/recognitions/00643 http://www.maglaw.com/news/recognitions/00643 On Thursday, January 29, 2015, Benchmark Litigation named Morvillo Abramowitz White Collar Crime/Enforcement/Securities Law Firm of the Year at its Annual Awards ceremony.

In addition to winning this award, the recently released Benchmark Litigation 2015 guide identifies Morvillo Abramowitz as a “Highly Recommended” firm (the guide's top honor) in New York, and ranks the firm in the top tier nationally in White Collar Crime/Enforcement/Investigations. Further, 12 individual Morvillo Abramowitz lawyers were named as “Litigation Stars” in the publication. According to Benchmark, “client feedback on the firm is resounding and plentiful; one such client in particular cheers, ‘[…] Integrity and talent to defend on principle: sadly, a novel concept these days, but not with this firm.’”

Benchmark Litigation is the definitive guide to America's leading litigation firms and attorneys.

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<![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. 

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<![CDATA[American Conference Institute's 4th National Forum on Securities Litigation & Enforcement]]> http://www.maglaw.com/events/speaking-engagements/00091 http://www.maglaw.com/events/speaking-engagements/00091 On Friday, January 23, 2015, Morvillo Abramowitz partner Jonathan Sack will speak at the American Conference Institute's 4th National Forum on Securities Litigation & Enforcement. Mr. Sack will speak on a panel entitled "Industry Response to Emerging Enforcement and Regulatory Initiatives and Strategies for Defending a Company in a Claim Brought by the Government in Today’s Challenging Climate," which will address discernible trends. The event will be held on January 22 -23 at The Carlton Hotel in Manhattan. For more information, please visit www.americanconference.com/seclit.

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<![CDATA[Implications of Second Circuit Reversal of Insider Trading Convictions]]> http://www.maglaw.com/publications/articles/00385 http://www.maglaw.com/publications/articles/00385 The Department of Justice has brought few high-profile criminal cases against individuals arising from the 2008-2009 financial crisis. The department’s cases have tended to charge large financial institutions, not senior officials. A number of the high-profile cases arising from the collapse of mortgage-backed securities have resulted in civil, not criminal, charges and settlements. And the typical sanction has been the payment of substantial (often multi-billion dollar) sums to the government, not imprisonment.

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<![CDATA[The Year in White-Collar Crime: A Look Back Helps Us See Ahead]]> http://www.maglaw.com/publications/blog-posts/the-year-in-white-collar-crime-a-look-back-helps-us-see-ahead http://www.maglaw.com/publications/blog-posts/the-year-in-white-collar-crime-a-look-back-helps-us-see-ahead The Justice Department’s white-collar agenda in 2014 was marked by skyrocketing corporate settlements and continued reliance on deferred and non-prosecution agreements, coupled with compliance monitors. Several significant decisions with long-term implications for white-collar cases also were issued by federal courts in 2014. A look at the Justice Department’s approach and these decisions offer a clue as to what to expect in white-collar cases in 2015. [...]

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