<![CDATA[Morvillo Abramowitz Grand Iason & Anello PC]]> http://www.maglaw.com/misc/feed.xml en-us <![CDATA[SCOTUS <em>Quid Pro Quo</em> Analysis in <em>McDonnell</em> May Broadly Affect Bribery and Insider Trading Prosecutions]]> http://www.maglaw.com/publications/blog-posts/scotus-quid-pro-quo-analysis-in-mcdonnell-may-broadly-affect-bribery-insider-trading-prosecutions http://www.maglaw.com/publications/blog-posts/scotus-quid-pro-quo-analysis-in-mcdonnell-may-broadly-affect-bribery-insider-trading-prosecutions Last month’s decision from the Supreme Court in McDonnell v. United States takes federal prosecutors to task for applying federal criminal corruption laws in too broad a manner. The Court’s decision makes clear that distasteful or offensive conduct does not necessarily rise to the level of criminality. The Court’s insistence on a “specific and focused” benefit suggests that the government may have to rethink prosecutions ranging from all forms of bribery as well as insider trading. [...]

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<![CDATA[Morvillo Abramowitz Partner Jeremy Temkin Featured as a Legal Analyst on Fox Sports Radio]]> http://www.maglaw.com/news/media-mentions/00654 http://www.maglaw.com/news/media-mentions/00654 On Wednesday, July 13, 2016, Morvillo Abramowitz partner Jeremy Temkin appeared on Fox Sports Radio to discuss the Second Circuit’s denial of Tom Brady’s petition for rehearing in the “Deflategate” case. In his most recent interview, Jeremy discusses Brady’s next steps, the likelihood that the Supreme Court will actually review the case, and the broader legal significance of the case.

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<![CDATA[Recent Trials Highlight DOJ's Challenges in Prosecuting Individuals for Corporate Misconduct]]> http://www.maglaw.com/publications/blog-posts/recent-trials-highlight-dojs-challenges-in-prosecuting-individuals-for-corporate-misconduct http://www.maglaw.com/publications/blog-posts/recent-trials-highlight-dojs-challenges-in-prosecuting-individuals-for-corporate-misconduct Since the 2008 financial crisis, the Department of Justice has faced criticism for not aggressively prosecuting individuals and companies for alleged wrongdoing. The Department has acknowledged and addressed this criticism in speeches and policy statements, notably the September 2015 Yates Memorandum, which declared a heightened commitment to prosecuting individuals for white-collar crimes and, as I have written elsewhere, a heightened expectation of corporate cooperation in the investigation of employee conduct. [...]

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<![CDATA[Implications of 'Countrywide' for Mail and Wire Fraud Prosecutions]]> http://www.maglaw.com/publications/articles/00426 http://www.maglaw.com/publications/articles/00426 Prosecutors tend to interpret white-collar criminal statutes expansively, and sometimes courts push back. In this article, we discuss the Second Circuit’s decision reversing the $1.2 billion judgment against Bank of America’s Countrywide mortgage unit, and explain how a relatively obscure principle of statutory interpretation, the “common law canon,” led to the Second Circuit’s unexpected decision.

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<![CDATA[Elkan Abramowitz Named to <em>New York Law Journal’s</em> “Lawyers Who Lead by Example”]]> http://www.maglaw.com/recognitions/00653 http://www.maglaw.com/recognitions/00653 On Thursday, July 7, 2016, partner Elkan Abramowitz was named to the New York Law Journal’s “Lawyers Who Lead by Example” list in the category of Lifetime Achievement. The honorees will be featured in a special section and honored at a dinner on September 20, 2016.

To view the full list, please click here.

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<![CDATA[Elkan Abramowitz Named to <em>New York Law Journal’s</em> “Lawyers Who Lead by Example”]]> http://www.maglaw.com/news/releases/00653 http://www.maglaw.com/news/releases/00653 NEW YORK, July 7, 2016 – Morvillo Abramowitz partner Elkan Abramowitz was named to the New York Law Journal’s “Lawyers Who Lead by Example” list in the category of Lifetime Achievement. The honorees will be featured in a special section and honored at a dinner on September 20, 2016.

To view the full list, please click here.

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<![CDATA[Morvillo Abramowitz Partner Jeremy Temkin Quoted in <em>Bloomberg</em>]]> http://www.maglaw.com/news/media-mentions/00653 http://www.maglaw.com/news/media-mentions/00653 On July 1, 2016, Morvillo Abramowitz partner Jeremy Temkin was quoted in a Bloomberg article entitled, “America's Offshore Tax Cheats Are Feeling the Heat Once Again.” The article discusses potential sanctions faced by the 30,000 taxpayers who took advantage of the IRS’s Streamlined Procedures. While the Streamlined Procedures allow previously non-compliant taxpayers to pay reduced penalties by certifying that they were unaware of their obligation to disclose offshore bank accounts, the Justice Department and the Internal Revenue Service are analyzing the Streamlined filings in light of data obtained through the Swiss Bank Program with an eye towards prosecuting taxpayers whose certifications were untruthful. According to Jeremy, “it's been clear to tax advisers for the last year that the Justice Department might prosecute people who lied in their declarations” and that taxpayers seeking to utilize the Streamlined Procedures should “present both the positive and negative facts and let the IRS decide” whether their conduct was non-willful.

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<![CDATA[NYU School of Professional Studies Tax Controversy Forum]]> http://www.maglaw.com/events/speaking-engagements/00107 http://www.maglaw.com/events/speaking-engagements/00107 On Friday, June 24, 2016, Morvillo Abramowitz partner Jeremy Temkin will moderate a panel entitled, "Use and Abuse of the Fifth Amendment" at NYU’s Annual School of Professional Studies Tax Controversy Forum. The panel of criminal tax experts will explain how the Fifth Amendment applies to tax. The event will be held at The Crowne Plaza Times Square in Manhattan. For more information, please click here.

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<![CDATA[Requirements for Invoking the Common Interest Doctrine]]> http://www.maglaw.com/publications/articles/00425 http://www.maglaw.com/publications/articles/00425 Attorneys and their clients often rely on the “common interest” doctrine to shield from disclosure communications among allied parties and their counsel. Although invocation of the common interest doctrine is seldom challenged through litigation in the Southern District of New York, its contours are not as well-defined as many lawyers assume. This article discusses the requirements for the invocation of the common interest doctrine, highlights two recent decisions, and touches on the aspects of the doctrine that remain to be defined.

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<![CDATA[<em>The Legal 500 United States 2016</em> Recommends Morvillo Abramowitz in White-Collar Criminal Defense and Securities Litigation]]> http://www.maglaw.com/news/releases/00652 http://www.maglaw.com/news/releases/00652 NEW YORK, June 16, 2016 – The Legal 500 United States 2016 has recommended Morvillo Abramowitz Grand Iason & Anello PC in both White-Collar Criminal Defense and Securities Litigation. Indeed, more than half of the firm’s partners have been recommended, including Elkan Abramowitz, Richard F.  Albert, Robert J. Anello, Lawrence S. Bader, Lawrence Iason, Jonathan S. Sack, Jeremy H. Temkin, and Richard D. Weinberg within White-Collar Criminal Defense; and Elkan Abramowitz, Robert J. Anello, Lawrence Iason, Brian A. Jacobs, and Edward M. Spiro within Securities Litigation. In addition, Elkan Abramowitz has been recognized as a “leading trial lawyer” in this year’s edition for his outstanding skills in the courtroom.

Praising the firm’s capabilities, sources note that, “the lawyers are tremendous and superb at understanding intricate problems and protecting clients’ interests.” Other clients rave that, “the firm has a very talented, experienced and tough team … who are at the top of their game.”

Since 2006, The Legal 500 United States has been analyzing the capabilities of law firms nationwide, honoring US firms that couple a national presence with the capability to handle sophisticated and complex work. Each year, the publication highlights those legal teams who consistently uphold quality over quantity.

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