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Morvillo Abramowitz Partner Brian A. Jacobs Quoted in Law360 - 05.02.2016

On May 2, 2016, Morvillo Abramowitz partner Brian A. Jacobs was quoted in a Law360 article entitled, “Attorneys React To High Court's Hobbs Act Extortion Ruling.” The article discusses the significance of the Supreme Court ruling that a Baltimore police officer was properly convicted of Hobbs Act extortion and conspiracy to commit extortion, upholding a key prosecutorial anti-corruption tool. According to Brian, “the opinion confirms that bribe-payors and bribe-payees alike may be prosecuted for conspiracy to violate the Hobbs Act. This decision will become especially important if the court limits honest services fraud, as the court seemed prepared to do at last week’s argument in McDonnell v. U.S.”

Morvillo Abramowitz Partner Jeremy Temkin Featured as a Legal Analyst on Fox Sports Radio - 04.25.2016

On Monday, April 25, 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 addresses the trajectory of the matter and Tom Brady’s legal options going forward.

Service of Process by Email on Defendants Located Outside the U.S. - 04.20.2016

A plaintiff seeking to serve a defendant located overseas can face substantial, sometimes insurmountable logistical challenges. In this article, we discuss several recent Southern District of New York decisions in which plaintiffs, frustrated by elusive defendants or uncooperative foreign governments, have been permitted to serve defendants through email under Federal Rule of Civil Procedure 4(f)(3).

Ransomware, Cyberattacks, and Hacking in the Health Care Industry: Lessons from a Letter to the FBI - 04.14.2016

The last several weeks have brought a host of alarming revelations regarding the vulnerability of some of the most confidential data that corporations and legal entities maintain on their servers. Most notably, the story of the so-called “Panama Papers” continues to attract substantial media attention, as the theft of approximately 2.6 terabytes of data from the Panamaian law firm Mossack Fonseca, and its disclosure to the International Consortium of Investigative Journalists, has already caused the resignation of one international leader and threaten the fates of several more. Perhaps less provocative, but no less significant, is a recent Wall Street Journal article reporting that hackers illegally accessed the computer networks at some of the most respected and prestigious law firms in the United States, apparently for the purpose of stealing confidential information that in turn can facilitate insider trading. [...]

APRL’s 7th International Professional Responsibility Conference - 04.13.2016

On Wednesday, April 13, 2016, Morvillo Abramowitz partner Robert J. Anello will serve on a panel entitled, “Money Laundering and KYC Developments: Have Lawyers Become Primary Regulators of Client Activity?” at APRL’s 7th International Professional Responsibility Conference. Mr. Anello will share lessons learned in connection with his representations relating to numerous US and EU money laundering and similar investigations, and his representation of the VimpelCom Board of Directors in connection with the recently concluded cross-border anti-corruption investigation. Mr. Anello will focus on the impact recent prosecutions have had on in-house lawyers and compliance professionals; and practical solutions for dealing with differences among the privileges relating to communications with in-house counsel and the application of the crime-fraud exception to such investigations. The event will be held on April 12-14, 2016 at Renaissance Le Parc Trocadero Hotel in Paris, France. For more information, please click here.

Conversation and Cocktails Series: Lessons Learned from the Dewey & LeBoeuf Trial - 04.07.2016

Due to the positive response we have received, we are changing the location of this event to the Yale Club of New York City.

Please join us to hear about the legal industry’s trial of the year from the team that successfully navigated the complex and lengthy trial. The trial team will share their experiences and insights, and discuss the implications that this trial may have on future white collar cases.

Panelists:

  • Elkan Abramowitz – Partner
  • Lawrence S. Bader – Partner
  • Jasmine Juteau – Counsel
  • Priya Raghavan – Associate

Thursday, April 7, 2016

5:30 p.m. program

6:30 p.m. cocktails

The Yale Club of New York City
50 Vanderbilt Avenue
New York, NY 10017

CLE credit will be provided

To RSVP, please reply to events@maglaw.com by Monday, April 4, 2016. 

Rise of ABA Task Force’s ‘Shadow Sentencing Guidelines’ - 04.06.2016

Because the federal sentencing guidelines applicable to fraud cases are widely acknowledged to be broken and dysfunctional, particularly in high-loss cases, sentencing judges may increasingly seek other sources to help guide their discretion. In this article, we discuss the thoughtful alternative framework offered by a blue-ribbon panel of judges, law professors and practitioners, and highlight recent court decisions applying those “shadow guidelines.”

New York Law Journal Recognizes Morvillo Abramowitz Partner Brian A. Jacobs as a "Rising Star" - 04.05.2016

Morvillo Abramowitz partner Brian A. Jacobs has been recognized as a "Rising Star" by the New York Law Journal. The honor is awarded to "attorneys 40 and under who have established a record of accomplishments and demonstrated that they are top contributors to the practice of law and their communities." Mr. Jacobs was selected as one of only 42 attorneys from a pool of nearly 300 nominees.

Profiles of all the Rising Stars will appear in a special section of the New York Law Journal on Tuesday, June 7, 2016. For more information, click here.

Why Do Federal Agents Still Take Interview Notes by Hand? - 04.05.2016

Anyone who has attended a law school lecture in the last decade knows this sight: row after row of students typing on laptops, each taking down a nearly verbatim transcript. At the same time, anyone who has attended a witness interview—a proffer—in a federal criminal investigation in the last decade knows this sight: a group of Assistant U.S. Attorneys and law enforcement agents, all asking questions, while a single agent takes down occasional notes by hand on a yellow pad. Student notes can impact grades; agent notes can put people in jail. Yet the typed student notes will almost invariably be more complete than the handwritten agent notes. Why are law students taking better notes than federal agents? [...]

New York Law Journal Recognizes Morvillo Abramowitz Partner Brian A. Jacobs as a "Rising Star" - 04.05.2016

NEW YORK, April 5, 2016 – Morvillo Abramowitz partner Brian A. Jacobs has been recognized as a "Rising Star" by the New York Law Journal. The honor is awarded to "attorneys 40 and under who have established a record of accomplishments and demonstrated that they are top contributors to the practice of law and their communities." Mr. Jacobs was selected as one of only 42 attorneys from a pool of nearly 300 nominees.

Profiles of all the Rising Stars will appear in a special section of the New York Law Journal on Tuesday, June 7, 2016. For more information, click here.

Morvillo Abramowitz Partner Robert J. Anello Featured in Law360’s Trial Series - 03.29.2016

On March 29, 2016, partner Robert J. Anello was featured in Law360’s Trial Series. The Q&A segment highlights Mr. Anello’s impressive career as a trial lawyer and provides a glance into some of Mr. Anello’s most memorable trials.

Click here to read the full conversation.

Charging Too Many Counts Hurts Prosecutions - 03.28.2016

In a recent criminal case in New York County in which I was involved, the District Attorney’s Office charged one of the defendants with 106 counts – 105 felonies and one misdemeanor (two other defendants were charged with over 100 counts each). The case was a complex fraud case and the prosecution charged violations of five different statutes: (1) scheme to defraud in the first degree (one count), (2) grand larceny in the first degree (15 counts), (3) falsifying business records in the first degree (88 counts), (4) the Martin Act (the New York securities fraud statute) (one count), and (5) conspiracy in the fifth degree (one count – a misdemeanor). [...]

DOJ Tax Division Today: Interview With Acting Assistant Attorney General - 03.23.2016

Early last year, after almost two decades in private practice, Caroline Ciraolo joined the Tax Division of the Department of Justice, and she has served as the Acting Assistant Attorney General since February 25, 2015. In that capacity, she leads the DOJ’s civil and criminal tax enforcement efforts. In this article, Ms. Ciraolo discusses the DOJ’s Swiss Bank Program, the Tax Division’s commitment to offshore enforcement and its challenges going forward.

Morvillo Abramowitz Partner Jeremy Temkin Featured as a Legal Analyst on Fox Sports Radio - 03.04.2016

On Friday, March 4, 2016, Morvillo Abramowitz partner Jeremy Temkin appeared on Fox Sports Radio to discuss the recent story regarding the discovery of a knife at the estate formerly owned by O.J. Simpson, including the possibility that the discovery could lead to additional proceedings in the twenty year old murder case. Jeremy also discussed the oral arguments before the United States Court of Appeals for the Second Circuit in the “Deflategate” scandal involving Tom Brady.

Justice Scalia’s Approach to Textualism in White-Collar Law - 03.02.2016

The late Justice Antonin Scalia was the leading expositor of textualist methodology over the last several decades. Whatever one’s view of textualism and of Justice Scalia, every judge and lawyer (for the government and the defense) must now reckon with the precise language of the statute at issue and be prepared to analyze the relevant words of the statute in context. In light of Justice Scalia’s recent death and the ongoing debate over his judicial philosophy, this article reflects upon the Justice’s influence on the interpretation of white-collar statutes and highlights the significant impact of his textualist approach.