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Recent Rule 45 Developments: Notice and Geographic Limits - 10.21.2014

In this article, we discuss recent SDNY cases addressing the 2013 amendments to Federal Rule of Civil Procedure 45. These amendments were designed to simplify and clarify the scope and mechanics of pre-trial and trial subpoenas. 

Corporate State of Mind in Securities Cases: The Sixth Circuit Blazes a New Trail - 10.15.2014

Analysis of the corporate mens rea is, by definition, contrived and one with which federal courts have struggled. Unlike instances where an individual is charged with securities fraud, determining the “thinking” or “knowledge” of an artificial entity, sometimes comprised of thousands of disparate employees throughout the world, is a difficult theoretical undertaking. Until last Friday, corporate scienter generally was assessed by reference to one of two established approaches: traditional respondeat superior, where the company stands in the shoes of the relevant actors; or collective knowledge, where a company is charged with the knowledge of any of its agents, even those who may not have committed the offending conduct. [...]

Conducting Proffer Sessions with the U.S. Attorney's Office: Risks and Defense Strategies - 10.10.2014

On Friday, October 10, 2014, Morvillo Abramowitz partner Robert Radick will take part in a webinar hosted by the Association of Federal Defense Attorneys. The webinar, titled “Conducting Proffer Sessions with the U.S. Attorney's Office: Risks and Defense Strategies,” will address key case law, issues and defense strategies in regard to proffer sessions with the U.S. Attorney's Office, at both the pre-indictment and post-indictment stages. For more information, please visit www.afda.org.

Morvillo Abramowitz, Catherine Foti and Miriam Glaser Recipients of The Legal Aid Society’s 2014 Pro Bono Publico Awards - 10.08.2014

NEW YORK, October 8, 2014 — Morvillo Abramowitz was honored among a group of distinguished law firms by The Legal Aid Society as one of the recipients of the Society's 2014 Pro Bono Publico Award for the firm's stellar commitment to outstanding pro bono service. In addition, partner Catherine Foti and associate Miriam Glaser were also recipients of the Pro Bono Publico Award for their work representing low-income New Yorkers. The Honorable Jonathan Lippman, the Chief Judge of the State of New York, presided over the awards ceremony.

The Legal Aid Society is a private, not-for-profit legal services organization, the oldest and largest in the nation, dedicated since 1876 to providing quality legal representation to low-income New Yorkers. It is dedicated to one simple but powerful belief: that no New Yorker should be denied access to justice because of poverty. The Society handles 300,000 individual cases and matters annually and provides a comprehensive range of legal service in three areas: the Civil, Criminal, and Juvenile Rights Practices. More information about the Society can be found here.

Morvillo Abramowitz, Catherine Foti and Miriam Glaser Recipients of The Legal Aid Society’s 2014 Pro Bono Publico Awards - 10.08.2014

On Wednesday, October 8, 2014, Morvillo Abramowitz was honored among a group of distinguished law firms by The Legal Aid Society as one of the recipients of the Society's 2014 Pro Bono Publico Award for the firm's stellar commitment to outstanding pro bono service. In addition, partner Catherine Foti and associate Miriam Glaser were also recipients of the Pro Bono Publico Award for their work representing low-income New Yorkers. The Honorable Jonathan Lippman, the Chief Judge of the State of New York, presided over the awards ceremony.

The Legal Aid Society is a private, not-for-profit legal services organization, the oldest and largest in the nation, dedicated since 1876 to providing quality legal representation to low-income New Yorkers. It is dedicated to one simple but powerful belief: that no New Yorker should be denied access to justice because of poverty. The Society handles 300,000 individual cases and matters annually and provides a comprehensive range of legal service in three areas: the Civil, Criminal, and Juvenile Rights Practices. More information about the Society can be found here.

New York City Bar Association's Ethics in Litigation CLE Program - 10.07.2014

On Tuesday, October 7, 2014, partner and Federal Bar Council President Robert J. Anello will speak on a panel, “Common Disciplinary Problems and How to Prevent Them,” presented by the Policy Committee of the Departmental Disciplinary Committee of the Supreme Court, Appellate Division, First Judicial Department, which will be held at the New York City Bar Association from 6:00 p.m. to 8:15 p.m. Accompanied by a range of accomplished attorneys, Mr. Anello will present an overview of common disciplinary problems. Topics will include:


• The Disciplinary Process and Sanctions in the First Judicial Department
• Use of Client Funds and Escrow Accounts
• Retainer Agreements, Billing, and Fees
• Conflicts and Disqualification
• Neglect and Personal Conduct


There is no charge for this program. For more information, please click here.

SEC’s Possible Reality: All Enforcement Actions Filed Within Five Years - 10.07.2014

Enforcement actions seeking penalties long have been subject to the five-year statute of limitations set forth in 28 U.S.C. §2462. For years, the SEC has sought not to be tied down by a strict five-year limitation by arguing that the clock does not start to run until the alleged fraud is discovered by the agency—a position flatly rejected by the U.S. Supreme Court last year. The last arrow in the SEC’s quiver to avoid the five-year statute has been its argument that when it seeks so-called “equitable” remedies, like injunctions and disgorgement, the limitations period contained in Section 2462 is inapplicable. This final effort to avoid statutory time constraints also may be doomed. SEC v. Graham, a recent decision from the Southern District of Florida, if upheld, would require the SEC timely to investigate and file all enforcement actions regardless of the remedy sought. In this article, we discuss this case and other recent cases, and evaluate the role a change in §2462 would play in future cases.

Amid the Sunshine, Controversy Lingers: The Release of CMS's "Open Payments" System - 10.01.2014

In a March 2013 post on the Insider blog, we noted the issuance by the Centers for Medicare and Medicaid Services (CMS) of a long-awaited final rule mandating the collection of information regarding payments that drug and device manufacturers have made to physicians and teaching hospitals. As we noted in the post, the rule was promulgated pursuant to the “Physician Payments Sunshine” provisions that were part of the Affordable Care Act, and the goal of the rule was to provide transparency into the financial relationships that exist between physicians and industry. In a preliminary effort to assess the potential utility of the payment data that was to be released, our post reviewed the “Dollars for Docs” database that the investigative entity ProPublica maintains on its website, and found that while the ProPublica database provides extensive and noteworthy information, it perhaps raises more questions than it answers about the monetary relationships between medical professionals on the one hand, and manufacturers on the other. [...]

American Conference Institute's 18th Forum on D&O Liability - 09.30.14-10.01.14

On Wednesday, October 1, 2014, Morvillo Abramowitz partner Jonathan Sack will speak at the American Conference Institute's 18th Forum on D&O Liability. Mr. Sack will speak on a panel entitled "Industry Response Regarding Whistleblowers, Managing Internal Investigations, and Interaction with Regulators and Enforcers," which will address discernible trends. The American Conference Institute's 18th Forum on D&O Liability will be held at The Carlton Hotel in New York, September 30-October 1. For more information, please click here.

Morvillo Abramowitz Lawyers Named 2014 New York Super Lawyers and Rising Stars - 09.23.2014

NEW YORK, September 23, 2014 – All partners and select counsel and associates from Morvillo Abramowitz have been named 2014 New York Super Lawyers and New York Rising Stars. Three lawyers were also named to Top Lists: Elkan Abramowitz was named to the Top 100 New York Super Lawyers List, and Judith Mogul and Catherine Foti were named to the Top 50 Women Super Lawyers List.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Morvillo Abramowitz Lawyers Named 2014 New York Super Lawyers and Rising Stars - 09.23.2014

On September 23, 2014, all partners and select counsel and associates from Morvillo Abramowitz were named 2014 New York Super Lawyers and New York Rising Stars. Three lawyers were also named to Top Lists: Elkan Abramowitz was named to the Top 100 New York Super Lawyers List, and Judith Mogul and Catherine Foti were named to the Top 50 Women Super Lawyers List.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

IRS Summons Enforcement After 'United States v. Clarke' - 09/19/14

IRS agents conducting audits have the power to issue summonses requiring taxpayers and third parties to produce documents and testify under oath. In a summons enforcement action, the recipient of a summons can avoid providing the requested evidence by showing that the summons was issued for an improper purpose. This past term, the U.S. Supreme Court decided what showing a party must make to obtain an evidentiary hearing as to the propriety of a summons, concluding that the party must “plausibly rais[e] an inference of bad faith.” This article discusses the Court’s decision in United States v. Clarke and addresses the potentially significant questions that remain open.

Morvillo Abramowitz Partners Recognized in Best Lawyers 2015 - 09.19.2014

NEW YORK, September 19, 2014 — Several Morvillo Abramowitz partners have been recognized in the 2015 edition of Best Lawyers. The following partners were listed in the Bet-the-Company Litigation category: Elkan Abramowitz and Paul R. Grand. The following partners were listed in the Criminal Defense: White-Collar category: Elkan Abramowitz, Catherine M. Foti, Paul R. Grand, Lawrence Iason, and Richard D. Weinberg. Partner Lawrence Iason was also listed in the categories of Corporate Compliance Law and Corporate Governance Law.

Published in almost 70 countries around the world, the Best Lawyers publication is the oldest and most respected peer-review publication in the legal profession. The selection process for Best Lawyers is designed to fully “capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.”

Morvillo Abramowitz Partners Recognized in Best Lawyers 2015 - 09.19.2014

On September 19, 2014, several Morvillo Abramowitz Partners were recognized in the 2015 edition of Best Lawyers. The following partners were listed in the Bet-the-Company Litigation category: Elkan Abramowitz and Paul R. Grand. The following partners were listed in the Criminal Defense: White-Collar category: Elkan Abramowitz, Catherine M. Foti, Paul R. Grand, Lawrence Iason, and Richard D. Weinberg. Partner Lawrence Iason was also listed in the categories of Corporate Compliance Law and Corporate Governance Law.

Published in almost 70 countries around the world, the Best Lawyers publication is the oldest and most respected peer-review publication in the legal profession. The selection process for Best Lawyers is designed to fully “capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.”

Did the Summer Shine Any Light on Dodd-Frank Whistleblower Land? - 09/12/2014

The summer saw a significant new development in the Securities and Exchange Commission's (“SEC”) whistleblower bounty program but failed to see any development on obtaining clarification as to the reach of the Dodd-Frank Act's whistleblower protection provision. While the SEC was busy finalizing the first-ever award to an employee working in the area of compliance, the courts were intent on taking a break from dealing with whistleblowing employees, and their SEC amici, to achieve clarity on the issue of whether reporting internally, but not to the SEC, is sufficient to fall within the protections of the Dodd-Frank Act’s anti-retaliation provision. [...]