<![CDATA[Morvillo Abramowitz Grand Iason & Anello PC]]> http://www.maglaw.com/misc/feed.xml en-us <![CDATA[The Government’s Use of Tax Returns at Trial]]> http://www.maglaw.com/publications/articles/00394 http://www.maglaw.com/publications/articles/00394 In cases charging either tax evasion or filing false returns, the government will naturally offer the defendant’s tax returns for the years charged in the indictment as part of its case-in-chief, and the defendant will be hard pressed to object to their admissibility. This, however, is not the only way the government uses the defendant’s tax returns in criminal cases. This article discusses the government’s ability to access the defendant’s returns for use in non-tax cases, as well as the evidentiary issues surrounding the admissibility of both “other year returns” in tax cases and any returns in non-tax cases.

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<![CDATA[Morvillo Abramowitz Gets Top Ranking in Litigation: White-Collar Crime & Government Investigations in Chambers USA 2015]]> http://www.maglaw.com/news/releases/00601 http://www.maglaw.com/news/releases/00601 Since its inception, Chambers USA: America's Leading Lawyers for Business Guide has recognized Morvillo Abramowitz Grand Iason & Anello PC for excellence in Litigation: White-Collar Crime & Government Investigations with its highest ranking, Band 1. The firm is also recognized in FCPA. It is noted that the team is known for its "enviable reputation as a boutique litigation practice, with excellent bench strength and formidable experience in complex criminal investigations. It also boasts impressive courtroom expertise, and bolsters its practice with notable cross-border strength and skill in civil litigation. It is considered a go-to practice for individuals and corporations facing major investigations or criminal proceedings."

More than half of the firm's partners were named leading lawyers by Chambers USA in the categories of Litigation: White-Collar Crime & Government Investigations: Elkan Abramowitz, Richard F. Albert, Robert J. Anello, Lawrence Iason, Robert M. Radick, Jonathan S. Sack, Jeremy H. Temkin, and Richard D. Weinberg; and Securities: Regulation: Enforcement: Richard D. Weinberg. Clients praise the firm, noting, '"they're one of the leading white-collar boutiques in the city – they're the gold standard.'" Clients also echo that, '"they have a very deep bench on the FCPA side, and the quality across the board is good.'"

Since 1990, Chambers and Partners has been researching the legal profession, identifying the leading lawyers and law firms through in-depth and client-focused interviews with thousands of lawyers and their clients. Known for its independence and the objectivity of its research, Chambers USA ranks the leading firms and lawyers in an extensive range of practice areas throughout the U.S. with their guides read by industry-leading companies, organizations, and law firms throughout the U.S. and worldwide.

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<![CDATA[Partner Robert J. Anello to Serve as a Panelist at the Federal Bar Council’s Trial Advocacy Training Program]]> http://www.maglaw.com/events/speaking-engagements/00096 http://www.maglaw.com/events/speaking-engagements/00096 <![CDATA[The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2015 Seminar]]> http://www.maglaw.com/events/speaking-engagements/00095 http://www.maglaw.com/events/speaking-engagements/00095 On Tuesday, May 5, 2015, Morvillo Abramowitz partner Richard F. Albert will speak at the Foreign Corrupt Practices Act and International Anti-Corruption Developments 2015 seminar. Mr. Albert will speak on a panel entitled “What Do You Need to Know When Representing Individuals?” The seminar will be held on May 4 - 5 at the PLI New York Center from 9:00 a.m. to 5:00 p.m. For more information, please click here.

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<![CDATA[Same Facts, Different Results: Civil and Criminal Liability After ‘Newman']]> http://www.maglaw.com/publications/articles/00393 http://www.maglaw.com/publications/articles/00393 The Second Circuit’s decision in United States v. Newman continues to have a significant impact on insider trading cases. In this article, we discuss Judge Rakoff’s recent decision in SEC v. Payton, compare the mental state requirement in criminal and civil insider trading cases, and consider Judge Rakoff’s recent suggestion, in a talk at NYU Law School, that civil and criminal insider trading should be addressed in two separate statutory provisions.

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<![CDATA[Duka v. SEC Redux - SEC Holds Home Court Advantage for Another Round]]> http://www.maglaw.com/publications/blog-posts/duka-v-sec-redux-sec-holds-home-court-advantage-for-another-round http://www.maglaw.com/publications/blog-posts/duka-v-sec-redux-sec-holds-home-court-advantage-for-another-round Defendants widely view the SEC’s administrative courts as an unfavorable venue to square off against the SEC’s own enforcement staff. Accordingly, as the SEC has recently channeled enforcement proceedings away from the federal courts to its “home” courts, a number of defendants have brought federal court challenges attacking the administrative proceedings on a variety of grounds. Many such challenges have failed to reach the merits, as courts have accepted SEC arguments against the courts’ jurisdiction to interfere with an ongoing agency proceeding and found that defendants are limited to the ordinary post-hearing appellate process to obtain review. In a decision filed last week in Duka v. SEC, Southern District of New York Judge Richard N. Berman ruled that one such challenge seeking to stop an SEC administrative hearing cleared these preliminary hurdles, but ultimately did not make it across the finish line. [...]

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<![CDATA[2015 Securities Litigation & Regulatory Enforcement Conference: Insights for the Financial Services Attorney]]> http://www.maglaw.com/events/speaking-engagements/00094 http://www.maglaw.com/events/speaking-engagements/00094 On Thursday, April 23, 2015, Morvillo Abramowitz partner Catherine Foti will speak at the 2015 Securities Litigation & Regulatory Enforcement Conference: Insights for the Financial Services Attorney. Ms. Foti will speak on a panel entitled “Developments in White Collar Matters & Insider Trading Cases in the wake of Newman.” The conference will be held at the New York County Lawyers’ Association in New York from 9:00 a.m. to 5:00 p.m. For more information, please click here.

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<![CDATA[Class Action Attorney Fee Applications Under Closer Scrutiny]]> http://www.maglaw.com/publications/articles/00392 http://www.maglaw.com/publications/articles/00392 In this article, we discuss two recent decisions by U.S. Southern District Judge Lewis A. Kaplan commenting on the lack of effective adversarial testing of proposed fee applications following securities class action settlements, and stressing the fiduciary obligation of the court to exercise stewardship over settlement funds in that circumstance. Judge Kaplan’s thoughtful approach to the fee awards in these two decisions is likely to influence other judges considering fee applications and may well reinforce the trend of shrinking fee awards, that Judge Kaplan himself noted.

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<![CDATA[Big Brother Gets Bigger: Installing Independent Monitors Before a Settlement is Signed]]> http://www.maglaw.com/publications/blog-posts/big-brother-gets-bigger-installing-independent-monitors-in-banks-before-a-settlement-is-signed http://www.maglaw.com/publications/blog-posts/big-brother-gets-bigger-installing-independent-monitors-in-banks-before-a-settlement-is-signed Federal and state regulators frequently rely on independent compliance monitors to ensure that corporate wrongdoers follow-through on correcting the conduct that got them into trouble. Southern District of New York Judge Jed Rakoff has referred to a corporate monitor as both a “financial watchdog” and “an overseer who has initiated vast improvements in the company’s internal controls and corporate governance.” Typically installed as part of a settlement agreement between the government and those companies that have had legal and regulatory issues, the monitors assess and report back to the government on violations of the law and on the effectiveness of the corporation’s compliance and ethics programs. [...]

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<![CDATA[New Counterattack on SEC’s Home Court Advantage]]> http://www.maglaw.com/publications/articles/00391 http://www.maglaw.com/publications/articles/00391 In the wake of the 2010 Dodd-Frank Act’s broadening of the reach of SEC administrative enforcement proceedings, the agency undertook a major shift toward pursuing such proceedings instead of federal district court actions. Administrative proceedings, which are heard by judges employed by the Securities and Exchange Commission, are widely perceived to favor the agency. Indeed, recent data on the results of such proceedings reveal that the SEC has enjoyed a lopsided record of success, compared to its far more modest record in federal court trials. In this article, we discuss federal court challenges to the SEC’s initiation of administrative proceedings, including Duka v. SEC, in which Duka relies on recent Supreme Court precedent to assert an intriguing constitutional challenge to the status of SEC administrative law judges.

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