Current Feed: http://feeds.feedburner.com/MorvilloAbramowitzGrandIasonAnelloPc

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. [...]

Bank Secrecy Act Prosecutions: Why Few Individuals Are Charged - 09/02/2014

Following the 2007-08 financial crisis, government enforcement efforts have met with a recurring criticism – that individuals have not been held accountable for causing the unlawful conduct of institutions. This criticism has been directed at a series of high-profile prosecutions of banks for violations of the anti-money laundering requirements of the Bank Secrecy Act.

Below, we consider the relative scarcity of individual prosecutions in BSA cases and suggest that it lies in the nature of the criminal violations at issue, which focus chiefly on institutional failures to adopt adequate controls, and in the difficulties of investigating the extraterritorial conduct of global financial institutions. It is not surprising, in this light, that civil penalties have begun to receive heightened interest among enforcement authorities as a means of sanctioning and deterring individual misconduct—a development seen in other areas of white-collar enforcement since the financial crisis.

When The Government Chases the Tail of the Dog - 08/27/2014

Two recent white-collar cases are examples of a phenomenon that one tends to find when the defense is able to emerge victorious: a case with some core facts that simply do not fit the pattern of wrongdoing expected in the popular conception. The phenomenon is that of the case that trails behind, and that is missing the characteristics that ultimately matter most: the tail, not the dog. [...]

Shrinking Grounds for General Jurisdiction After 'Daimler' - 08.26.2014

The Supreme Court’s recent decision in Daimler v. Bauman, coupled with its 2011 decision in Goodyear Dunlop Tires Operations v. Brown, call into question whether certain long-held assumptions about the reach of CPLR 301—New York’s general jurisdiction statute—are consistent with due process. Daimler’s impact is already evident in decisions from the U.S. District Court for the Southern District of New York. We discuss below several of those recent decisions, which raise important questions about the scope of general jurisdiction in New York.

Morvillo Abramowitz Named in New York Law Journal's 2014 Boutique and Practice Specific Law Firm Guide - 08/25/2014

Morvillo Abramowitz was selected to appear in the New York Law Journal’s 2014 Boutique and Practice Specific Law Firm Guide in the categories of Criminal Law, Commercial Litigation and Securities Law.

The New York Law Journal’s 2014 Boutique and Practice Specific Law Firm Guide was released on August 25, 2014.

Be Careful Where You Whistle While You Work: Courts Impose Limits on Dodd-Frank's Protection for FCPA Whistleblowers - 08/20/2014

The Dodd-Frank Wall Street Reform and Consumer Protection Act was heralded as providing whistle-blowing employees protection from retaliation by their employers. In Liu v. Siemens AG, handed down last week, the Second Circuit limited the reach of the Act’s anti-retaliation protections to domestic whistleblowers. In doing so, the Court rejected a claim brought by a Taiwanese lawyer employed by a German corporation who disclosed suspected Foreign Corrupt Practice Act violations by the corporation’s Chinese subsidiary, finding that the relevant provisions of the Dodd-Frank Act did not apply “extraterritorially” [...]