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Class Arbitration—Dying but Not Dead - 08.19.2015

Many entities doing business with the public have long preferred arbitration as a forum for resolving disputes with their customers. The Supreme Court’s 2010 decision in Stolt-Nielsen v. Animal Feeds International Corp. provided strong protection against class litigation for these entities. In this article, we discuss class arbitration and Judge Colleen McMahon’s recent decision in Edwards v. Macy's highlighting the risks associated with drafting broad arbitration clauses.

Morvillo Abramowitz Partners Recognized in Best Lawyers 2016 - 08.17.2015

NEW YORK, August 17, 2015 — Several Morvillo Abramowitz partners have been recognized in the 2016 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 2016 - 08.17.2015

On Monday, August 17, 2015, several Morvillo Abramowitz partners have been recognized in the 2016 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.”

Whistleblowers Who Take Company Documents May Risk Criminal Prosecution - 08.17.2015

Federal law now protects whistleblowers in many instances from retaliation and encourages them, through financial incentives, to bring qui tam lawsuits and report possible wrongdoing to the SEC and IRS. In this fashion, the law turns company employees into potential confidential informants. As informants, employees have a powerful incentive to provide federal authorities secretly with business-related information (including documents) that a company would ordinarily consider confidential and strictly for internal use. The regime of whistleblower law expects and even promotes such conduct – though at least one recent state case demonstrates that taking an employer’s confidential information, when it is done for private purposes, still violates the law. [...]

Morvillo Abramowitz Partner Jeremy Temkin Quoted in Law360 Article - 08.14.2015

On August 14, 2015, Morvillo Abramowitz partner Jeremy Temkin was quoted in a Law360 article, “Willfulness Key In IRS Exams Of Offshore Account Disclosures.” The article discusses the expansion of the IRS’s offshore voluntary disclosure program (OVDP) to provide streamlined procedures for declaring income in foreign financial accounts for taxpayers whose noncompliance with tax rules was not willful. In the article, Mr. Temkin states that taxpayers “wishing to declare offshore accounts understandably want to choose the streamlined program because it saves them a lot of money compared with other options, but it is an attorney's job to determine if that is appropriate.”
 
To read the full article, please click here.

Obstruction? Barry Bonds Prosecutors Strike Out in the Ninth - 08.05.2015

For some, the Ninth Circuit’s reversal of home run king Barry Bonds’ obstruction of justice conviction and the government’s recent decision to drop any further prosecution may prompt a reassessment of Bonds’ place in baseball history. For those who focus on white collar crime, the case presents another example of how the breadth of the federal obstruction laws makes them a nearly irresistible choice for prosecutors, and of the seemingly endless struggle of the courts to define appropriate limits on their reach. This article discusses the federal obstruction of justice statutes and the implications of the Bonds decision.

LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases - 08.03.2015

When delivering legal advice, lawyers attempt to provide informed guidance based on controlling law. Yet, when it comes to significant chunks of the white collar criminal and regulatory landscape, practitioners often are forced to provide advice based on professional “lore” derived from negotiated settlements rather than enacted laws or judicially established caselaw. In this two-part article, we discuss the lore that counsel must rely upon when tackling FCPA enforcement actions, as well as the downside of such reliance.

Morvillo Abramowitz Partner Robert J. Anello Quoted in New York Daily News Article - 08.01.2015

On August 1, 2015, Morvillo Abramowitz partner Robert J. Anello explained extradition law in a New York Daily News article, “Kids are all right,” which discussed the recent killing of Cecil the Lion by Minnesota dentist, Walter Palmer.

Morvillo Abramowitz Partner Elkan Abramowitz Named a Law360 “Trial Ace” - 07.27.2015

NEW YORK, July 27, 2015 – Morvillo Abramowitz partner Elkan Abramowitz was named a Law360 "Trial Ace." The “Trial Aces” list consists of 50 top litigators who will be profiled by Law360 in its inaugural Trial Aces Series. The profile of Mr. Abramowitz will be released on September 9, 2015. 

According to Law360, “the winners were selected based on the number of high-stakes trial they've worked on, the role they played at trial and the trial outcome. The 50 attorneys on Law360’s Trial Aces list are champions in the courtroom, leaders in their law firms and heroes to their clients. They're the lawyers to call when losing is not an option.”

To view the Trial Aces list, please click here.

Interpol: How to Catch a Thief – International Style - 07.27.2015

In my last blog post, I discussed the federal government’s increased focus on criminal activity that occurs overseas and the recent high-profile indictment filed by the Justice Department against nine FIFA officials. On June 3, 2015, INTERPOL, the world’s largest international police organization, issued Red Notices for six of the FIFA defendants. Red Notices issued by INTERPOL are the closest thing to an international arrest warrant. The FIFA cases present an opportunity to examine the work of INTERPOL and the significance of the notices it issues. [...]

Morvillo Abramowitz Partner Elkan Abramowitz Named a Law360 “Trial Ace” - 07.27.2015

On Monday, July 27, 2015, Morvillo Abramowitz partner Elkan Abramowitz was named a Law360 "Trial Ace." The “Trial Aces” list consists of 50 top litigators who will be profiled by Law360 in its inaugural Trial Aces Series. The profile of Mr. Abramowitz will be released on September 9, 2015. 

According to Law360, “the winners were selected based on the number of high-stakes trial they've worked on, the role they played at trial and the trial outcome. The 50 attorneys on Law360’s Trial Aces list are champions in the courtroom, leaders in their law firms and heroes to their clients. They're the lawyers to call when losing is not an option.”

To view the Trial Aces list, please click here.

Offshore Accounts: The Beat Goes On - 07.16.2015

In its seventh year and fourth iteration, the Offshore Voluntary Disclosure Program (“OVDP”) remains the best opportunity for taxpayers who intentionally evaded their tax and reporting obligations to bring themselves into compliance and avoid criminal prosecution. However, not every current or former offshore accountholder who failed to comply with those obligations acted with a culpable state of mind, and the IRS has come to recognize the inequity of treating taxpayers who made good faith mistakes as harshly as those who acted willfully. In this article, I discuss the various options available to taxpayers with previously undisclosed offshore accounts.

Prosecution of Conduct Abroad—Where Are the Limits? - 07.13.2015

As our economy has become more global, white-collar criminal investigations have increasingly focused on conduct that occurred beyond our borders. Such investigations raise threshold issues of extraterritorial application of federal laws and sufficient nexus to this country. In this article, we discuss these threshold issues and two recent cases that address them.

American Bar Association’s 2015 Real Estate Litigation Forum - 06.25.2015

On Thursday, June 25, 2015, Morvillo Abramowitz partner Jonathan S. Sack will speak at the American Bar Association’s 2015 Real Estate Litigation Forum. Mr. Sack will speak on a panel entitled “Hot Topics and Trends in Real Estate Litigation,” which will address the white collar criminal defense issues and challenges in real estate, financing, and the construction contracting and development process with private and public entities. The forum will be held on June 25, 2015 at the New York City Yacht Club from 12:00 p.m. to 6:00 p.m. For more information, please visit www.americanbar.org.

Do’s and Don'ts of Social Media and Jury Selection, & Proffer and Proffer Agreements: Risks and Rewards - 06.24.2015

On Wednesday, June 24, 2015, partner Robert M. Radick will be among the panelists at a CLE program entitled “Do’s and Don'ts of Social Media and Jury Selection, & Proffer and Proffer Agreements: Risks and Rewards.” The Honorable Cheryl Pollak, U.S. Magistrate Judge for the Eastern District of New York, will serve as the moderator of the program. The event will take place at the U.S. Courthouse in Brooklyn, New York from 5:00 p.m. to 7:00 p.m., and is sponsored by the CJA Panel Committee of the Eastern District of New York and the Federal Defenders of New York, Inc.