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NYU School of Professional Studies Tax Controversy Forum - 06.24.2016

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.

Requirements for Invoking the Common Interest Doctrine - 06.21.2016

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.

The Legal 500 United States 2016 Recommends Morvillo Abramowitz in White-Collar Criminal Defense and Securities Litigation - 06.15.2016

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.

The Legal 500 United States 2016 Recommends Morvillo Abramowitz in White-Collar Criminal Defense and Securities Litigation - 06.15.2016

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.

White-Collar Practitioner’s Guide to the Supreme Court’s Term - 06.09.2016

The Supreme Court’s 2015 Term promises significant developments for the white-collar bar. The court already has issued three decisions that are noteworthy for white-collar practitioners, with the most significant likely yet to come. In this article, we discuss the Supreme Court's recent white-collar decisions as well as cases to be decided in the upcoming year, and consider the impact of Justice Antonin Scalia’s absence.

Morvillo Abramowitz Partner Catherine M. Foti Quoted in the New York Law Journal - 06.06.2016

On June 10, 2016, Morvillo Abramowitz partner Catherine M. Foti was quoted in a New York Law Journal article related to a New York City Bar panel entitled, “Current Ethical Issues for In-House Counsel & Those Who Advise Them,” at which Cathy discussed the Department of Justice’s “Yates Memo” and the effect it has on attorney-client privilege.

Current Ethical Issues for In-House Counsel & Those Who Advise Them - 06.06.2016

On Monday, June 6, 2016, Morvillo Abramowitz partner Catherine Foti will speak at the New York City Bar’s CLE program entitled, “Current Ethical Issues for In-House Counsel & Those Who Advise Them.” This ethics program is designed especially for in-house counsel and outside counsel advising their in-house clients. The event will take place at The New York City Bar in Manhattan. For more information, please click here.

Insider Trading, Official Corruption, and Their Common Roots in Fraud - 06.01.2016

Insider trading and official corruption prosecutions—two of the cornerstones of recent white-collar enforcement efforts by the Department of Justice—have both generated sufficient doctrinal confusion to land them on the Supreme Court’s docket this year and next. This past April, the Court heard the appeal of former Virginia Governor Bob McDonnell from his corruption conviction, and next term, the Court is set to hear Bassam Salman’s appeal from his insider trading conviction. On the surface, these cases have little in common: McDonnell concerns what constitutes a sufficient “official action” to trigger criminal liability under anti-corruption laws, and Salman concerns what constitutes a sufficient “personal benefit” to trigger criminal liability under insider trading precedent. But beneath the surface, the legal doctrines at issue are related, in that both official corruption and insider trading cases are rooted in theories of fraud. Further, one of the fundamental principles of fraud—that a material misrepresentation is an element of the crime—could provide important guidance as to how these cases and others might be resolved. [...]

Elkan Abramowitz Receives Chambers USA Lifetime Achievement Award - 05.26.2016

NEW YORK, May 26, 2016 – Partner Elkan Abramowitz received the Chambers USA Lifetime Achievement Award. Elkan’s career has been defined by the representation of high-powered business leaders, political officials, and corporations embroiled in the most sensitive criminal and civil matters, and his trial success is unparalleled. Elkan has been called the “dean of the white-collar bar” by Chambers USA and all other third-party directories, was named the 2016 “Trial Lawyer of the Year” by Benchmark Litigation, and has received numerous professional acknowledgements over the years, including the Milton S. Gould Award for Outstanding Oral Advocacy presented by the Office of the Appellate Defender and the New York Council of Defense Lawyers’ Norman S. Ostrow Award for the defense of liberty and the preservation of individual rights.

In the latest edition of Chambers USA, it is noted that “the ‘extraordinary’ Elkan Abramowitz is regarded as a ‘legend of the white-collar Bar.’” One client echoes, “he was the best ever. He was the most attentive, knowledgeable and experienced attorney we've worked with, and was incredible from start to finish."

The Lifetime Achievement Award is based on the collective research for the 2016 edition of Chambers USA: America’s Leading Lawyers for Business and reflects pre-eminence in the field, outstanding work, and excellence in client service. 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.

Elkan Abramowitz Receives Chambers USA Lifetime Achievement Award - 05.26.2016

On Thursday, May 26, 2016, partner Elkan Abramowitz received the Chambers USA Lifetime Achievement Award. Elkan’s career has been defined by the representation of high-powered business leaders, political officials, and corporations embroiled in the most sensitive criminal and civil matters, and his trial success is unparalleled. Elkan has been called the “dean of the white-collar bar” by Chambers USA and all other third-party directories, was named the 2016 “Trial Lawyer of the Year” by Benchmark Litigation, and has received numerous professional acknowledgements over the years, including the Milton S. Gould Award for Outstanding Oral Advocacy presented by the Office of the Appellate Defender and the New York Council of Defense Lawyers’ Norman S. Ostrow Award for the defense of liberty and the preservation of individual rights.

In the latest edition of Chambers USA, it is noted that “the ‘extraordinary’ Elkan Abramowitz is regarded as a ‘legend of the white-collar Bar.’” One client echoes, “he was the best ever. He was the most attentive, knowledgeable and experienced attorney we've worked with, and was incredible from start to finish."

The Lifetime Achievement Award is based on the collective research for the 2016 edition of Chambers USA: America’s Leading Lawyers for Business and reflects pre-eminence in the field, outstanding work, and excellence in client service. 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.

Morvillo Abramowitz Gets Top Ranking in White-Collar Crime & Government Investigations and is Recognized in FCPA, Securities: Regulation: Enforcement, and General Commercial in Chambers USA 2016 - 05.26.2016

NEW YORK, May 26, 2016 – 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 also is recognized in FCPA, Securities: Regulation: Enforcement, and Litigation: General Commercial. It is noted that the team is known as an “esteemed litigation boutique, widely acclaimed for its market-leading white-collar defense practice and increasing activity in civil litigation.” Clients praise the firm, noting, "it's an absolutely top-flight firm. It has fantastic lawyers with great experience, and always has excellent associates too."

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, Jodi Misher Peikin, Jonathan S. Sack, Jeremy H. Temkin, and Richard D. Weinberg; Securities: Regulation: Enforcement: Lawrence Iason and Richard D. Weinberg; and Litigation: General Commercial: Judith Mogul. Clients applaud the team, noting, "they are very smart and strategic, and just good to deal with. They're some of the best white-collar lawyers in New York.”

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.

Morvillo Abramowitz Gets Top Ranking in White-Collar Crime & Government Investigations and is Recognized in FCPA, Securities: Regulation: Enforcement, and General Commercial in Chambers USA 2016 - 05.26.2016

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 also is recognized in FCPA, Securities: Regulation: Enforcement, and Litigation: General Commercial. It is noted that the team is known as an “esteemed litigation boutique, widely acclaimed for its market-leading white-collar defense practice and increasing activity in civil litigation.” Clients praise the firm, noting, "it's an absolutely top-flight firm. It has fantastic lawyers with great experience, and always has excellent associates too."

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, Jodi Misher Peikin, Jonathan S. Sack, Jeremy H. Temkin, and Richard D. Weinberg; Securities: Regulation: Enforcement: Lawrence Iason and Richard D. Weinberg; and Litigation: General Commercial: Judith Mogul. Clients applaud the team, noting, "they are very smart and strategic, and just good to deal with. They're some of the best white-collar lawyers in New York.”

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.

Accessing Records With Bank of Nova Scotia Summonses - 05.23.2016

In a recent interview, Acting Assistant Attorney General Caroline D. Ciraolo described the Tax Division’s continuing pursuit of individuals believed to have evaded their U.S. tax obligations through offshore accounts. Among other things, Ms. Ciraolo noted that, in the wake of the DOJ’s Swiss Bank Program, the Tax Division’s civil trial attorneys were seeking to enforce Bank of Nova Scotia summonses served on U.S branches of foreign banks. This article discusses the authority supporting the use of such summonses to avoid foreign bank secrecy laws and the implications of so-called Bank of Nova Scotia summonses looking forward.

Morvillo Abramowitz Partner Jeremy Temkin Featured as a Legal Analyst on Fox Sports Radio - 05.23.2016

On Monday, May 23, 2016, Morvillo Abramowitz partner Jeremy Temkin appeared on Fox Sports Radio to discuss the United States Court of Appeals for the Second Circuit’s recent decision in the “Deflategate” scandal. In his most recent interview, Jeremy discusses Tom Brady’s en banc petition and its likelihood of success. 

When Do Business Negotiations Cross the Line and Become Fraud? - 05.10.2016

The mail, wire and securities fraud statutes have a wide but not unlimited reach. An area of particular controversy is the application of these statutes to arm’s length business negotiations. In this article, we discuss several recent appellate decisions in which business negotiations have given rise to criminal fraud charges, and suggest that the line between acceptable negotiation and fraud warrants further judicial clarification.