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Non-Prosecution Agreements: Reserved for VIPs? - 02.10.2016

Should individuals who cooperate with the government in high-profile cases get better deals than individuals who cooperate in cases that do not make the headlines? The rules laid out in the Department of Justice’s U.S. Attorney’s Manual suggest that the answer—at least in the government’s view—is “yes.” [...]

Morvillo Abramowitz Named to National Law Journal Litigation Boutiques Hot List - 02.08.2016

NEW YORK, February 8, 2016 – Morvillo Abramowitz was named to the National Law Journal’s Litigation Boutiques Hot List. According to the National Law Journal, the firm was chosen along with “10 litigation boutiques with up to 50 lawyers who enjoyed stand-out accomplishments in 2015.” The feature discusses the firm’s high-profile representation of former Dewey & LeBoeuf chairman Steven Davis.

When asked about the firm Mr. Davis said, "from top to bottom, they are terrific quality, very highly skilled, responsive, and absolutely delightful people, people I consider not just lawyers, but friends."

To read the full feature, please click here.

Morvillo Abramowitz Named to National Law Journal Litigation Boutiques Hot List - 02.08.2016

Morvillo Abramowitz was named to the National Law Journal’s Litigation Boutiques Hot List. According to the National Law Journal, the firm was chosen along with “10 litigation boutiques with up to 50 lawyers who enjoyed stand-out accomplishments in 2015.” The feature discusses the firm’s high-profile representation of former Dewey & LeBoeuf chairman Steven Davis.

When asked about the firm Mr. Davis said, "from top to bottom, they are terrific quality, very highly skilled, responsive, and absolutely delightful people, people I consider not just lawyers, but friends."

To read the full feature, please click here.

Potential Impact of Supreme Court’s Upcoming Political Quid Pro Quo Case - 02.03.2016

The Supreme Court's grant of certiorari in the highly-publicized case of former Virginia Governor, Robert McDonnell, to examine the contours of a quid pro quo arrangement under federal law will have an impact on more than just federal political corruption prosecutions. A number of other federal criminal statutes, including the Anti-Kickback Enforcement Act and the Foreign Corrupt Practices Act, include a quid pro quo requirement. In this article, we discuss the McDonnell case and its implications.

Morvillo Abramowitz Earns a Firm Spot Among Law360’s 2015 White Collar Practice Groups of the Year - 01.28.2016

Morvillo Abramowitz has been named a Law360 White Collar Practice Group of the Year for 2015. Law360's profile focuses on the firm’s successful representation of Dewey & LeBoeuf LLP’s former chairman Steven Davis, who after a lengthy and complex trial, was acquitted of many charges. The jury deadlocked on the remaining counts, and Morvillo Abramowitz attorneys subsequently negotiated a deferred prosecution agreement for Mr. Davis under which all criminal charges would ultimately be dismissed and he would not admit any wrongdoing. The profile also discusses the firm’s representation of attorney Evan Greebel in a criminal case being prosecuted in the Eastern District of New York.

Law360’s Practice Groups of the Year series recognizes “firms that came through for clients by sealing the biggest deals and securing wins in high-stakes litigation.”

To view the full profile, please click here.

Morvillo Abramowitz Earns a Firm Spot Among Law360’s 2015 White Collar Practice Groups of the Year - 01.28.2016

NEW YORK, January 28, 2016 – Morvillo Abramowitz has been named a Law360 White Collar Practice Group of the Year for 2015. Law360's profile focuses on the firm’s successful representation of Dewey & LeBoeuf LLP’s former chairman Steven Davis, who after a lengthy and complex trial, was acquitted of many charges. The jury deadlocked on the remaining counts, and Morvillo Abramowitz attorneys subsequently negotiated a deferred prosecution agreement for Mr. Davis under which all criminal charges would ultimately be dismissed and he would not admit any wrongdoing. The profile also discusses the firm’s representation of attorney Evan Greebel in a criminal case being prosecuted in the Eastern District of New York.

Law360’s Practice Groups of the Year series recognizes “firms that came through for clients by sealing the biggest deals and securing wins in high-stakes litigation.”

To view the full profile, please click here.

Protecting Privileged Documents from the IRS - 01.26.2016

Before executing complicated financial transactions, sophisticated taxpayers frequently seek advice from lawyers and accountants. These professionals will often prepare detailed written analyses of the likely tax consequences of the transactions under consideration, which may be shared with counterparties to the transactions. In auditing tax returns reporting the transactions in question, the Internal Revenue Service may seek copies of the analyses from the counterparties, leaving the taxpayers to argue that sharing the materials did not constitute a waiver of either the attorney-client privilege or work product doctrine. This article discusses two recent decisions by the United States Court of Appeals for the Second Circuit reversing district court decisions rejecting assertions of privilege.

Mixed Messages When Courts Issue a Stern Warning to Prosecutors - 01.20.2016

Much has been written over the past few years about prosecutors’ violations of Brady v. Maryland, the Supreme Court case which held that prosecutors must turn over exculpatory material to the defense in time for the defense to use such material. There is a controversy about whether such Brady violations are an epidemic or an aberration. Often, litigation over Brady violations will focus on whether the violation was deliberate or accidental, although Brady violations occur even when the prosecutor acts in good faith. [...]

LinkedIn for Lawyers: Newly Issued Ethical Guidance Makes Social Media Use Less Risky - 01.15.2016

The ethics guidance interpreting "Attorney Advertising" rules in the social media context continues to evolve, but this time the evolution appears to be for the better, taking into account the realities of the growing use of social media. As you may recall, early last year, the New York County Lawyers Association ("NYCLA") weighed in on the ethical implications for lawyers using LinkedIn and suggested that attorneys using the self-proclaimed “World’s Largest Professional Network” needed to beware that their posts on that site, even the most casual, did not run afoul of the attorney advertising rules. Now, however, a recently published Formal Opinion of the Committee on Professional Ethics of the Association of the Bar of the City of New York ("City Bar") has called into question the scope and applicability of the NYCLA opinion, recognizing that use of ethic rules developed for a pre-social media world in a post-social media context may be akin to attempting to fit a square peg into a round hole. As the City Bar acknowledged: the current attorney advertising rules "defy easy extension to the digital world and, in particular, to social media content." The difficulty of applying the rules of ethics to lawyers' social media activities, however, has not stopped lawyers from using social media websites -- particularly LinkedIn -- for professional self-promotion. The new City Bar opinion, however, sets forth a test that might make it easier for attorneys to navigate their responsibilities while continuing to document their achievements, both personal and professional on the internet. [...]

Added Penalties for Worker Safety Violations: The Other Yates Memorandum - 01.13.2016

In September 2015, Department of Justice Deputy Attorney General Sally Quillian Yates issued a memorandum instructing federal prosecutors to step-up individual prosecutions for corporate wrongdoing. The much-discussed “Yates Memorandum” was issued in response to criticism that federal prosecutors had been lax in prosecuting individual executives for crimes committed during the 2008 financial crisis and has garnered a lot of attention from practitioners and commentators. White-collar lawyers and their corporate clients also should be aware of the “other” Yates Memorandum quietly issued at the end of 2015, announcing that federal prosecutors will look for ways to charge a variety of felonies in routine worker safety cases to take advantage of the greater penalties available under environmental and other criminal laws. [...]

Morvillo Abramowitz Partner Elkan Abramowitz Quoted in the New York Law Journal - 01.12.2016

On January 12, 2016, Morvillo Abramowitz partner Elkan Abramowitz was quoted in a New York Law Journal article entitled, “Bharara Finds No US Crime in Closing of Moreland Panel.” The article discusses U.S. Attorney Preet Bharara’s announcement that his investigation into the possible interference with the Moreland Commission on Public Corruption will not result in federal charges. Mr. Bharara said, “there was insufficient evidence to prove a federal crime.” In response to this decision, Mr. Abramowitz stated, “we were always confident there was no illegality here, and we appreciate the U.S. Attorney clarifying this for the public record." The firm represented the Administration’s Executive Chamber in this investigation.

Morvillo Abramowitz Partner Elkan Abramowitz Quoted in Law360 - 01.11.2016

On January 11, 2016, Morvillo Abramowitz partner Elkan Abramowitz was quoted in a Law360 article entitled, “Cuomo Won't Be Charged For Deep-Sixing Moreland Panel.” The article discusses a federal investigation relating to the closing of the Moreland Commission and includes a quote from Manhattan U.S. Attorney Preet Bharara stating that “there is insufficient evidence to prove a federal crime.” In response to this decision, Mr. Abramowitz stated, “we were always confident there was no illegality here, and we appreciate the U.S. Attorney clarifying this for the public record.” The firm represented the Administration’s Executive Chamber in this investigation.

Morvillo Abramowitz Partner Elkan Abramowitz Quoted in The New York Times - 01.11.2016

On January 11, 2016, Morvillo Abramowitz partner Elkan Abramowitz was quoted in a New York Times article entitled, “Moreland Commission Inquiry Finds ‘Insufficient Evidence’ to Prove a Crime.” The article discusses an inquiry by the U.S. Attorney’s Office into possible interference with the operation of an anticorruption panel and its demise. The investigation has concluded and Preet Bharara indicated that “there was insufficient evidence to bring a criminal case against New York Governor, Andrew M. Cuomo.” In response to this decision, Mr. Abramowitz thanked Mr. Bharara’s office for acknowledging that no charges would be brought against Mr. Cuomo and noted that “we were always confident there was no illegality here, and we appreciate the U.S. attorney clarifying this for the public record.” The firm represented the Administration’s Executive Chamber in this investigation.

Morvillo Abramowitz Partner Elkan Abramowitz Quoted in the New York Post - 01.11.2016

On January 11, 2016, Morvillo Abramowitz partner Elkan Abramowitz was quoted in a New York Post article, “Cuomo just dodged a bullet.” The article discusses Manhattan U.S. Attorney Preet Bharara’s announcement that Governor Andrew Cuomo will not face criminal charges for shutting down the Moreland Commission on Public Corruption and includes a quote from Mr. Bharara stating that “there is insufficient evidence to prove a federal crime.” In response to Mr. Bharara’s decision, Elkan said, “we were always confident there was no illegality here, and we appreciate the U.S. Attorney clarifying this for the public record.” The firm represented the Administration’s Executive Chamber in this investigation.

Morvillo Abramowitz Partner Elkan Abramowitz Quoted in The Wall Street Journal - 01.11.2016

On January 11, 2016, Morvillo Abramowitz partner Elkan Abramowitz was quoted in a Wall Street Journal article entitled, “Investigation Into Closing of N.Y.’s Moreland Commission Finds ‘Insufficient Evidence’ of Crime.” The article discusses a federal investigation into the Cuomo administration's involvement with and disbanding of an anticorruption commission. In a statement, Manhattan U.S. Attorney Preet Bharara said, “there was insufficient evidence to prove a federal crime.” In response to this decision, Mr. Abramowitz said, “we were always confident there was no illegality here, and we appreciate the U.S. attorney clarifying this for the public record.” The firm represented the Administration’s Executive Chamber in this investigation.