News & Events

On Wednesday, February 29, 2012 Morvillo Abramowitz partner Jeremy H. Temkin will serve as a member of the faculty of  “The New York Tax WhistleBlowers Law: Nuts & Bolts & Ethics of Qui Tam Practice,” a panel sponsored by the CLE Committee of the New York City Bar Association.  Mr. Temkin, who will speak on “Perspectives on the IRS Whistleblower Program,” will be joined by a distinguished panel of attorneys addressing New York's recent extension of the State's False Claim's Act to tax claims, the Taxpayer Protection Bureau of the New York State Office of the Attorney General, and the ethics of qui tam practice. For additional information, or to register for this program, please click here.

On February 9, 2012, Morvillo Abramowitz Partner Barry A. Bohrer will be participating in an educational seminar on "CFTC Enforcement Under Dodd-Frank: New Regulations, New Powers", at the Yale Club in New York City. The program will focus on what the CFTC is doing, how it is approaching its mandate, how it coordinates with other federal and state criminal and civil enforcement authorities and how it is dealing with issues of importance to all companies and outside counsel under its jurisdiction. For further information please contact Lisa Colombo lisacolombo@sandpiperpartners.com.

With the start of the federal trial of alleged Ponzi schemer R. Allen Stanford, Morvillo Abramowitz partner Barry Bohrer, joined by Benjamin Brafman, share trade secrets on finding jurors in "Just One Not-Angry Man:  Jury Strategizing For Fat Cats," New York Magazine, January 29, 2012.

Morvillo Abramowitz served as appointed counsel in a nine-day trial that ended in the defendant's acquittal.  The firm was appointed by the court under the Criminal Justice Act to represent former Town of Ramapo police officer James Curley in United States v. James Curley, 08 Cr. 404 (S.D.N.Y.).  The charges in the case were interstate stalking, cyberstalking, and interstate violation of an order of protection.  Mr. Curley faced a maximum term of imprisonment of 15 years.  On Tuesday, January 31, 2012, the jury returned a verdict of not guilty on all charges.  The members of the Morvillo trial team were Richard F. Albert, James R. Stovall, Eric Ruben, Rebecca Braun, and Meredith McAvoy.

After 90 minutes of deliberation, a Southern District of New York jury awarded Morvillo Abramowitz client, Donald Drapkin, a judgment in excess of $16 million in two civil actions, Drapkin v. Mafco Consolidated Group LLC, No. 09 Civ. 4513 (SDNY) and MacAndrews & Forbes LLC v. Drapkin, No. 09 Civ. 1285.  For 20 years, Mr. Drapkin served as Vice Chairman of MacAndrews & Forbes, a company wholly owned by its Chairman and Chief Executive Officer Ronald O. Perelman. Mr. Drapkin brought a breach-of-contract lawsuit against his former employer in 2009, when the company ceased to honor payment obligations it had to Mr. Drapkin under his severance agreement and a stock purchase agreement.  In countersuit, MacAndrews & Forbes alleged that Mr. Drapkin had materially breached 5 provisions of his severance agreement.  On Friday, January 27, 2012, the jury found that Mr. Drapkin had adhered to the terms of a 2007 separation agreement when he left MacAndrews & Forbes, Mr. Perelman’s holding company, and was owed $16 million from that agreement.   Together with attorneys at Hogan Lovells, Mr. Drapkin was represented by Elkan Abramowitz, Thomas Keane, Sid Kamaraju, Christopher Robbins, and Max Rodriguez.

http://www.bloomberg.com/news/2012-01-28/perelman-s-macandrews-forbes-loses-16-million-drapkin-verdict.html

http://dealbook.nytimes.com/2012/01/27/perelman-loses-court-battle-over-16-million-suit/

Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., along with Levine Lee LLP, will host a cocktail reception for the alumni of the United States Attorney's Office for the Eastern District of New York on Thursday, January 19, 2012. If you are an EDNY alum and would like more information on this event, please contact events@maglaw.com.

Directors & Boards Corporate Governance for Thought Leaders January 2012 E-Briefing features Morvillo Abramowitz Partners Jonathan S. Sack, Catherine M. Foti and Robert J. Anello commenting on the attorney-client privilege as one of the critical issues facing directors today, including how it applies to corporations, internal investigation 'work product' with respect to privilege, considerations when privileged materials are inadvertently disclosed to third parties, and applications of privilege outside the United States. To view the entire Q&A click here.

With great sadness, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. announces the passing of our partner and colleague, Robert G. Morvillo. Bob was an unrivaled advocate dedicated to protecting his clients, upholding the finest traditions of the legal profession. He also was a dear friend, wonderful colleague, and cherished mentor to us all. We extend our love and deepest sympathies to his family. We will miss him.

Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. was recognized both as a National Leader in White-Collar Crime and as a Recommended Litigation Firm in New York by the 5th annual edition of Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms & Attorneys. In addition, Morvillo Abramowitz partners Elkan Abramowitz and Robert G. Morvillo were named National Litigation Stars in White-Collar Crime with the publication also naming Mr. Abramowitz, Mr. Morvillo and Robert J. Anello as Local Litigation Stars in New York.

Benchmark is the only publication on the market to focus exclusively on litigation in the U.S. The guide's results culminate a six-month research period during which researchers conduct extensive interviews with litigators and their clients.

On Thursday, November 17, 2011 Morvillo Abramowitz Partners Barry A. Bohrer and Lisa A. Prager will be participating in a CLE program titled, "Anti-Fraud, FCPA & Whistleblowing: Compliance, Controls & Enforcement." Joining Barry and Lisa will be Charles Connolly, Chief of the Financial Crime and Public Corruption Unit of the United States Attorney's Office in Alexandria, Virginia and Nina Gross, a Director at Deloitte Financial Advisory Services LLP. The panel will address the ever-changing laws and practices affecting internal investigations and compliance and recent legal developments in anti-fraud, white-collar, the Foreign Corrupt Practices Act and Dodd-Frank affecting internal controls and investigations. There is no fee to attend this event, which will be held at the University Cub in Washington, D.C. For further information, please click here.

Morvillo Abramowitz was among a group of distinguished law firms honored by The Legal Aid Society as one of the recipients of the Society's 2011 Pro Bono Publico Award in recognition of the firm's outstanding pro bono service, dedication and commitment to The Legal Aid Society and its clients. In addition, Morvillo Abramowitz Associate Andrew Brunsden and Partner Robert Radick were also honored with 2011 Pro Bono Publico Awards for their work saving homes for low-income New Yorkers and their outstanding advocacy that saved the apartment of a low-income tenant who was wrongfully terminated from the Section 8 subsidy program while she was on maternity leave. The Awards, presented by The Honorable Jonathan Lippman, Chief Judge of the State of New York, recognize the outstanding work of volunteer lawyers, law firms, and corporations, and other professionals who support the Legal Aid Society and/or participate in the Society's Pro Bono Program by providing exceptional legal services to low-income New Yorkers.

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 services in three areas: the Civil, Criminal and Juvenile Rights Practices. More information on the Society can be found here.

On Wednesday, November 2, 2011 Morvillo Abramowitz Partner Lisa A. Prager will participate in a panel discussion at The International Bar Association Annual Conference 2011 titled, "Trade Compliance through Enforcement: Export Controls and Sanctions." The session will begin at 9:30am. The International Bar Association Annual Conference 2011, this year taking place in Dubai, UAE from October 30, 2011 through November 4, 2011, promises to be the largest gathering of the international legal community in the world with more than 4,000 lawyers and legal professionals participating in over 180 working sessions covering all areas of practice relevant to international legal practitioners. For more information on this conference, please click here.

Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. has received two First Tier Rankings in the 2011 - 2012 U.S. News - Best Lawyers "Best Law Firms" Rankings. The firm placed in the First Tier Ranking for New York: Criminal Defense: White-Collar - Governmental Investigations and New York: Criminal Defense: White-Collar - Litigation.

The U.S.News - Best Lawyers® "Best Law Firms" rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. An unprecedented amount of data was collected in the project's second year, and this combined data resulted in the 2011-2012 "Best Law Firms" rankings.

On Friday, October 28, 2011, Morvillo Abramowitz Partner Catherine Foti will be participating in a Harvard Law School program, Legal Practice Areas: Litigation Practice (Securities and White Collar).  To be held in Pound Hall, Ms. Foti, along with partners from WilmerHale and Wilson Sonsini, will discuss the types of matters white collar litigators work on, how they decided to focus on this type of work and what a typical day in their practice is like.

Alison Frankel's ON THE CASE (Thomson Reuters 10/26/2011 "Gupta's best defense? Raj broke 'relationship of trust'") details how Goldman Sachs and Procter & Gamble director Rajat Gupta's best defense may rely on an SEC rule and a September 2011 ruling by the U.S. Court of Appeals for the Second Circuit in a previous insider trading case, U.S. v. Gansman. The Gansman appeal, argued by Gansman's lead defense lawyer Barry A. Bohrer of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. established new law in this area. Frankel notes that, "... crucially, the appeals court ruled it's appropriate for accused tipsters to argue that they trusted the people who received their inside information not to trade on it." To view the entire article, click here.

Leading litigation firm Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. today announced that it has joined Forbes.com as a contributor, with its own page on Forbes.com entitled The Insider: White Collar Defense and Securities Enforcement (http://blogs.forbes.com/insider/.)  The Insider blog extends the firm's thought leadership platform from traditional print and online publications to interactive social media.

Posts on The Insider blog have tackled how to define fraud under federal criminal law, issues concerning Dodd-Frank's bounty program for whistleblowers, and the unintended consequences of recent Supreme Court rulings relating to private securities litigation.  Morvillo Abramowitz partners Richard Albert, Lawrence Bader, Lawrence Iason, Stephen Juris and Jeremy Temkin will regularly blog on a wide range of topics and the issues the firm is best known for:  white collar defense, securities enforcement and government investigations, internal investigations, the Foreign Corrupt Practices Act, securities litigation and criminal tax issues.  In addition, on occasion they will be joined by other Morvillo Abramowitz partners.

Forbes.com is the home page for the world's business leaders and is among the most trusted resources for business executives and affluent consumers - connecting them with relevant information, concise analysis, online communities and engaging tools that they need to succeed.  Throughout the business day, Forbes.com publishes thousands of articles from hundreds of editors and contributors across the globe, delivering a consistently rich and compelling experience with all the immediacy, depth and interactivity that the web allows.

Interested readers can subscribe to The Insider here: http://blogs.forbes.com/insider/

On October 13, 2011, Morvillo Abramowitz partners Richard Albert, Robert Anello, and Jeremy Temkin will serve on the faculty of the New York County Lawyers' Association Federal Criminal Practice Institute.  Robert will be a member of panel discussing Initiation of the Proceeding and Richard and Jeremy will each be moderating panels on Pre-Trial Issues.  For more information on this program, please click here.

Morvillo Abramowitz will be hosting an upcoming CLE program (1.5 NY Credits) for the Greater New York Chapter of the Association of Corporate Counsel entitled, "Expert Networks:  Balancing Information Flow With Compliance Necessities."  Partners Jonathan S. Sack and Barbara L. Trencher, joined by Brian Moroney, General Counsel and Compliance Officer, Coleman Research Group, Inc., will address cutting-edge issues in insider trading law, regulations and prosecutions - issues which affect all companies, not just financial institutions, and command the attention of ethics and compliance officials and in-house counsel.  For more information on this program, please click here.  To register, please contact execdir@accgny.com or events@maglaw.com

On Thursday, October 6, 2011 Morvillo Abramowitz partner Edward M. Spiro will chair “Ethics, Discipline & Real World Obligations,” a panel sponsored by the CLE Committee of the New York City Bar.  The panel will feature a premier faculty drawn from the judiciary, the disciplinary bar, and law firms that will focus on the ethical and potential disciplinary issues confronting attorneys in everyday litigation practice including: Fairness in advocacy- negotiation tactics, witness preparation, advocacy before tribunals; Candor and disclosure obligations under the new New York Rules of Professional Conduct; Risks of multiple representation in litigation, the advocate-witness rule; Inadvertent disclosure of privileged communication and emails.  For additional information, or to register for this program, please click here.

On Tuesday, September 27, 2011, the City Bar Center for CLE will present a panel discussion co-sponsored by The New York City Bar and the White Collar Criminal Law Committee discussing the substantive law of insider trading, with a particular focus on the new frontiers being explored in recent cases.  Morvillo Abramowitz partner Jodi Misher Peikin is Program Co-Chair of the panel, which will include experts from government, industry, and law firms who focus on insider trading issues on a daily basis, and will cover topics including: the core principles and elements of insider trading violations, including under Section 10(b), Section 14(e), and the mail and wire fraud statutes; the interplay of Reg FD and Rule 10b-5; the legitimacy of trading on information obtained from company insiders, including issues of materiality and the "mosaic" theory of investing; the legality of expert networking and channel checking; the line between civil and criminal insider trading violations; current and future DOJ and SEC investigative priorities.

For more details or to register for this program, please click here.

Morvillo Abramowitz will be co-hosting the upcoming Martindale-Hubbell® Counsel to Counsel SM  forum in New York on September 27, 2011 entitled, "The Perfect Storm:  Managing Investigations, Compliance and Audit's in Today's Tough Market."  Partners  Robert J. Anello and Lisa Prager will be participating in this live, roundtable event focused on government inquiries and other regulatory challenges of interest to general counsel, senior executives, and boards.  More information can be found at  here.

On Wednesday September 21, 2011 Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. Partners Barry A. Bohrer and Richard D. Weinberg will take part in a Directors & Boards webinar entitled, "Internal Investigations 2011:  What Directors Need to Know." Staying up-to-date on the laws effecting internal investigations - such as the new Dodd-Frank whistleblower bounty program, regulatory compliance issues, and the need for independence - has become more important today than ever before.  Mr. Bohrer and Mr. Weinberg will be discussing how Directors should deal with the realities of internal investigations today:  The events that trigger them; how to control, conduct and determine their scope; and how to respond to the investigation's findings.  For more information or to register for this free program, please click here.     

On Wednesday August 10, 2011, Principal Barry  A.  Bohrer  was interviewed by Bloomberg Law's Lee Pacchia about recent insider trading investigations, the standards defining criminal versus civil cases, and the sentencing phase for the trial of Galleon Group LLC founder, Raj Rajaratnam.   To view click here.

On July 14, 2011 Morvillo Abramowitz Principal Robert M. Radick will take part in a Law Seminars International TeleBriefing discussing the Supreme Court's recent decision in Janus Capital Group Inc. v. First Derivative Traders and the important implications for how Rule 10b-5 cases will be litigated in the future, not only in private plaintiff class actions, but also in SEC and criminal proceedings.

For more information and to view the online brochure click here .

On Wednesday, July 13, 2011, Principal Robert J. Anello was interviewed by Lee Pacchia of BloombergLaw on the News Corp hacking scandal.  Mr. Anello discussed the intricacies of internal investigations, what this event means for others in the media industry, and the possibility of DOJ and SEC investigations.  To view click here.   http://ow.ly/5DWWb

For the eighth year in a row, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., has been recognized by Chambers USA:  Americas Leading Lawyers for Business as a leading litigation firm. Chambers USA 2011 gave its highest ranking, Band 1, to the firm in Litigation: Specialist Firms in White-Collar Crime & Government Investigations (New York).

The firm was heralded as, "...an excellent litigation firm with a deep bench of attorneys."  Five of the firm's attorneys received individual recognition in Litigation:  White-Collar Crime & Government Investigations, the highest number of individuals among all firms in this category.   The five attorneys who received individual recognition were Elkan Abramowitz, Robert Morvillo, Barry Bohrer, Lawrence Iason, and Robert Anello.  In addition, Robert Morvillo received individual recognition in Litigation:  Trial Lawyers (Nationwide).

Chambers USA is a product of Chambers & Partners, publishers of the world’s leading guides to the legal profession. To obtain their results, Chambers engages a team of 100 highly qualified full-time researchers, conducting thousands of interviews with lawyers and their clients worldwide every year.

On Wednesday, June 1, 2011, The Federal Bar Council's Special Committee on Prison Reform will present a panel discussion regarding the current state of federal prisons and supervised release. Topics will include the current conditions of confinement and programs available to federal inmates, the challenges facing the Bureau of Prisons, and the challenges facing and programs available to those on supervised release.

MAGIAB Principals, Robert Anello (Committee Chairman) and Jonathan Sack (Program Coordinator) were instrumental in the organization of this important program, further information for which is available here.

On May 26, 2011, Principal Barbara Moses was inducted President-Elect of the New York County Lawyers' Association.  Most recently Ms. Moses served as Vice President of the Association.  She has also been a Director since 2007 and served as the Chair of the Federal Courts Committee from 2004 through 2006.

The Board of Directors of the Fund for Modern Courts and Committee for Modern Courts, non-profit organizations dedicated to judicial reform in New York State, announced that Barry A. Bohrer was elected Chair of the Executive Committee of both organizations.  Mr. Bohrer has been a member of Modern Courts’ Board since March 2007.  Founded in 1955, Modern Courts is a nonpartisan, nonprofit, statewide organization dedicated to improving the courts in New York State through advocacy, public education and in-court programming.  Additional information about Modern Courts is available here.

Leading litigation firm Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., is pleased to announce that Lisa A. Prager has joined the firm as Principal. The firm also announces the opening of its Washington, DC, office, located at 1899 Pennsylvania Avenue NW (202-349-0122). The office will be led by Ms. Prager.

“We are very pleased that Lisa has joined our firm. She is an impressive trial lawyer with tremendous experience and a stellar reputation in the DC legal community. Her presence in Washington will greatly strengthen our ability to serve clients in the DC area,” said Elkan Abramowitz of Morvillo Abramowitz. “While we have been representing clients in Washington for many years, Lisa’s skills and expertise in government investigations, export controls and Foreign Corrupt Practices Act matters, including her considerable  trial experience, are perfect complements to our core white collar and regulatory practices, and will be a strong foundation in our development of a broad litigation practice in Washington.”

 “Morvillo Abramowitz is the gold standard for vigorous and sophisticated representation and I am honored to join them,” said Ms. Prager. “I look forward to launching our DC office and continuing my trial practice there.”  Ms. Prager will get her chance this summer as she goes to trial in United States  v. Goncalves et al., 1:09-cr-00335 (D.D.C.) (RJL), a case touted by DOJ as the largest single prosecution of individuals in the history of FCPA enforcement.  “Morvillo Abramowitz’s track record in forcefully and successfully defending its clients, coupled with increased criminal and regulatory enforcement activity in DC, make the establishment of our Washington practice a timely response to client needs,” said Ms. Prager.

Ms. Prager’s experience includes defending companies and individuals in government investigations and enforcement actions, both regulatory and criminal, arising from U.S. export controls, economic sanctions law, and the Foreign Corrupt Practices Act.  In addition, Ms. Prager counsels a wide range of domestic and foreign companies with respect to State Department, Treasury Department, and Commerce Department export control laws and regulations. Most recently, she was a Partner with Wilson, Sonsini, Goodrich & Rosati.

Prior to going into private practice, Ms. Prager was Acting Assistant Secretary and Deputy Assistant Secretary for Export Enforcement at the U.S. Department of Commerce's Bureau of Industry and Security.  While at Commerce, Ms. Prager served as the highest ranking career employee in Export Enforcement.  Her work at the Commerce Department included managing many of the agency's largest export control settlements and indictments to date, including criminal investigations related to Chinese exports and the freight-forwarding industry. In addition, Ms. Prager helped the agency establish a more streamlined and transparent process for resolving civil cases, including publication of the penalty guidelines.

Ms. Prager joined Commerce after a distinguished career at the United States Attorney’s Office in DC.   As an Assistant U.S. Attorney, she handled federal cases involving terrorism, wire and mail fraud, economic espionage, and export control violations, among many other matters.

Ms. Prager is also a member of the board of TheatreworksUSA , a nonprofit organization that brings theater to children and families around the country who otherwise would have no access to the performing arts. She received her J.D., magna cum laude, from Western New England College School of Law in 1982, and her B.A. from Yale University in 1978.

ABOUT MORVILLO ABRAMOWITZ

Morvillo Abramowitz is a New York-based litigation firm of over 60 attorneys. Since its founding in 1972, Morvillo Abramowitz has represented institutional and individual clients with complex white collar criminal and regulatory matters, securities litigation and sophisticated business disputes. The firm also has broad experience conducting internal investigations on behalf of corporate clients and provides litigation-avoidance advice and other confidential legal counseling, often in highly sensitive contexts.

On March 21, 2011, in a closely-watched case involving significant issues of national security and civil liberties, the United States Court of Appeals for the Second Circuit agreed with Morvillo Abramowitz and ruled that a coalition of attorneys, journalists, and human rights activists are entitled to challenge the Bush-era expansion of the federal wiretapping laws even if they cannot prove that their communications have been “acquired” by the government.  In Amnesty Int’l USA v. Clapper, ___ F.3d. ___, 2011 WL 941524 (2d Cir. Mar. 21, 2011), the Second Circuit reversed the district court and held that Amnesty International and its co-plaintiffs have standing to proceed with a constitutional challenge to the 2008 amendments to the Foreign Intelligence Surveillance Act.  Those amendments permit the government to conduct large-scale electronic eavesdropping – including surveillance of communications into and out of the United States – with no warrant and little judicial oversight, so long as it attests that “a significant purpose” of the wiretaps is the collection of foreign intelligence.

Morvillo Abramowitz Principal Barbara Moses, along with Associate Andrew Brunsden and attorneys from the Brennan Center for Justice, authored the lead amicus curiae brief , filed on behalf of the Brennan Center and other public interest organizations in support of the plaintiffs.  The amici argued that that unless a statute authorizing secret wiretaps can be challenged by plaintiffs whose telephone calls and emails fall squarely within the class that the statute permits the government to “acquire,” the validity of that statute would be effectively immunized from judicial review.  The Second Circuit agreed.  It noted that the plaintiffs had reasonably undertaken burdensome measures to protect the confidentiality of their communications against likely government eavesdropping, and held that “[n]othing more is required for standing.” 

After six years of hard-fought litigation against the S.E.C., on March 31, 2011 Morvillo Abramowitz, led by Principal Paul R. Grand, achieved an outstanding result for Afshin Mohebbi, the former President and Chief Operating Officer of Qwest Communications International, Inc. – a complete dismissal of the S.E.C.’s case against Mr. Mohebbi.  The firm has defended Mr. Mohebbi since the onset of the S.E.C.’s investigation into Qwest’s financial disclosures and throughout the S.E.C. enforcement action filed against Mr. Mohebbi in March 2005. 

The S.E.C. alleged that Mr. Mohebbi and others overstated revenue and failed to disclose Qwest’s reliance on sales of indefeasible rights of use, or IRUs.  In March 2010, the firm won a partial dismissal from the Honorable Marcia S. Krieger of the United States District Court of Colorado, who dismissed six out of eight claims against Mr. Mohebbi, finding that the alleged overstatements of revenue were “not due to any misconduct on Mr. Mohebbi’s part.”  A year later to the day, Judge Krieger issued an opinion dismissing the S.E.C.’s remaining claims against Mr. Mohebbi, finding “that the SEC has come forward with no evidence demonstrating Mr. Mohebbi’s substantial assistance to Qwest’s failure to disclose details of the IRU revenue,” and ordered Mr. Mohebbi’s name removed from the caption of the case.  “The simple fact is that Afshin Mohebbi was an exemplary executive who never should have been sued,” said Mr. Grand.  Morvillo Abramowitz Associate Jasmine Juteau also represented Mr. Mohebbi in this matter.

On March 11, 2011, Morvillo Abramowitz Principal Jonathan S. Sack will take part in a live CLE “webinar” concerning strategies for in-house attorneys responding to government investigations. The panel discussion, sponsored by Strafford Publications, Inc., will address common legal and ethical issues that arise before, during and after an investigation and will discuss best practices for in-hounsel counsel.  Information regarding the webinar is available here.

On March 2, 2011, Morvillo Abramowitz, led by Principals Robert J. Anello and Judith L. Mogul, won the dismissal of all claims against a well-regarded private wealth management company brought by three former investors in Westchester County Supreme Court.  The private wealth management company had provided the investors with decades of outstanding, long-term investment management services, earning the primary investor millions in profit.  In the wake of the general financial downturn in 2008 and Bernard Madoff’s now-infamous fraud, the investors sought to hold the wealth management company liable for the reduction in their portfolios’ profits, including for losses that the primary investor sustained in two indirect investments in Madoff feeder funds. 

The principal investor had previously brought and lost an arbitration before the Financial Industry Regulatory Authority (“FINRA”) against a number of entities and individuals related to the wealth management company.  In the subsequent New York State-court action, the judge accepted the argument advanced by Morvillo Abramowitz that the FINRA arbitration precluded relitigation of the primary investor’s claims.  The court held that the plaintiff “cannot pursue the same claims in another forum against the same parties or their privi[ti]es.”  It dismissed all claims against the private wealth management company by the investor with prejudice.  The court also dismissed with prejudice the fraud claims brought by the remaining two plaintiffs who were not parties to the arbitration, and also dismissed without prejudice negligence and breach of fiduciary duty claims by the same plaintiffs.

On Friday, January 21, 2011, MAGIAB Principal Robert Radick will chair a diverse panel that includes current and former Department of Justice officials and private practitioners, including MAGIAB Principal Jonathan Sack , at the New York City Bar Association's CLE program titled "Off-Label Marketing of Drugs and Devices:  Recent Enforcement Efforts, Hot Topics and More."  This timely and comprehensive program will provide invaluable insight into recent criminal and civil cases against drug and device manufacturers that have promoted their products for medical uses not approved by the FDA.  Information regarding the program is available here.

On January 5, 2011, New York City Police Department Commissioner, Raymond Kelly, announced that firm Principal and former federal prosecutor, Robert G. Morvillo, has been named as one of three members of a newly-formed panel to review the Department's internal crime-reporting system.  Faced with questions about how the Department has reported crime statistics to the public, Department spokesman, Paul J. Browne, indicated that the creation of the panel would represent the first outside inquiry into this matter.  As reported by The New York Times, Mr. Kelly announced that "....the panel, called the Crime Reporting Review Committee, ....would be given broad access to people and documents to review the ways the Police Department records, tracks and audits its own crime numbers."

MAGIAB Principal Robert J. Anello was among a group of distinguished authors who were honored on November 15, 2010 by the New York County Lawyers’ Association and Thomson West for their contributions to the recently published Third Edition of Commercial Litigation in New York State Courts.  Mr. Anello authored a chapter on White Collar Crime, which is a new addition to the six-volume treatise.  Commercial Litigation in New York State Courts is widely recognized as a leading resource on procedural and substantive legal issues in New York commercial litigation.  In a review of the treatise published in the New York Law Journal on November 22, 2010, Thomas E. Mercure wrote:

"Given that parallel civil and criminal proceedings in business matters are increasingly common, the chapter on white-collar crime and on the interplay between commercial litigation and criminal proceedings are particularly valuable.  Both chapters are strategically focused, providing practical advice on the issues such as immunity, privileged materials, protective orders and the interplay between civil damages and criminal restitution."

In his chapter, “White Collar Crimes in the New York State System,” Mr. Anello provides an overview of New York criminal statutes and case law relied upon in the prosecution of crimes related to commercial litigation, the investigative bodies which prosecute such white collar crime, the criminal trial process in New York State, and how New York’s system differs from the federal system.

Additional information about the treatise can be found here. 

After almost nine years of hard fought litigation, on October 28, 2010, the firm obtained a tremendous result fully vindicating its client Kenneth Lipper.  When a hedge fund managed by Mr. Lipper was dissolved in 2002 after it was revealed that the fund’s portfolio manager engaged in a mismarking fraud, Mr. Lipper was named in nearly 20 lawsuits and was accused of committing fraud, acting negligently, and breaching fiduciary duties.  After a 19 day arbitration hearing that concluded in January 2010, a FINRA arbitration panel totally rejected claims brought against Mr. Lipper by the fund’s liquidating trustee and concluded that Mr. Lipper acted appropriately in managing the fund.  In addition, the same FINRA arbitration panel awarded firm clients Mr. Lipper, Lipper & Company, L.P., and Lipper & Company, Inc. more than $15 million in damages, finding that the Trustee was contractually obligated to indemnify them for entirety of the legal fees and expenses they incurred in connection with their successful defense of the 20 actions and investigations arising after the fund’s dissolution in 2002.  On October 28, 2010, the Honorable Shirley Werner Kornreich of the Commercial Division of the New York Supreme Court, New York County issued a 21 page decision confirming the FINRA arbitration award.  The Panel’s decision and Justice Kornreich’s Order represents yet another affirmation of the firm’s long held position that Mr. Lipper acted properly and appropriately in managing Convertibles, that he was a victim of the portfolio manager’s underlying fraud, and that all of the lawsuits brought against him lacked any merit whatsoever.  The Morvillo Abramowitz attorneys representing the Lipper Parties at the FINRA arbitration and the New York state court proceedings included Elkan Abramowitz, Catherine M. Foti, Jeremy H. Temkin, Benjamin S. Fischer, David Austin, David J. Stankiewicz, and Scott Schirick.

On Wednesday, November 24, 2010, Principal Robert J. Anello was interviewed on CNBC about the intricacies of determining what insider trading is and what it isn't.

On November 4, 2010, in conjunction with ALM Law Journal Newsletters, Morvillo Abramowitz Principals Jonathan S. Sack, Stephen M. Juris, Judith L. Mogul, and Richard D. Weinberg will present a live CLE “webinar” concerning common issues arising in connection with regulatory and governmental investigations. The topics to be discussed include the ethical and statutory obligations of in-house counsel, practical considerations relating to internal investigations and the retention of investigative counsel, and common issues concerning the attorney-client privilege and dealings with governmental authorities.     Information regarding the webinar is available here.  For a 10% discount please download the flyer here.

On November 3, 2010, at 1:00 pm, Morvillo Abramowitz Principal Judith L. Mogul will participate in a live CLE “webinar,” sponsored by Ethisphere, concerning key strategic considerations that in-house counsel must address in conducting a proper internal investigation, including: (1) the “triggers” that warrant an investigation; (2) selection of investigators able to act autonomously; (3) best practices for the collection and retention of evidence; and (4) the most prudent means of reporting an investigation’s results to interested parties.  Information regarding the webinar is available here.

For the seventh year in a row, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., has been recognized by Chambers & Partners, the British legal directory publisher, in its 2010 USA Guide.  The firm received the highest ranking, Band one, in the Litigation: Specialist Firms in White-Collar Crime & Government Investigations category in New York.  In addition, five attorneys received individual recognition, the highest number of individuals among all firms in this category.

To obtain their results, Chambers USA researchers conduct thousands of in-depth phone interviews with a wide range of lawyers, peers and their clients.

The five attorneys who received individual recognition were Robert Morvillo, Elkan Abramowitz, Lawrence Iason, Robert Anello, and Barry Bohrer.

For over 20 years, Chambers has published the world’s leading guides to the legal profession. With a team of 100 highly qualified full-time researchers, Chambers conducts thousands of interviews with lawyers and their clients worldwide every year.

Once again, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., has been recognized by Who's Who Legal, a British legal directory publisher, as Business Crime Defense Firm of the Year for 2010.  This is the fourth time that the firm has been cited by Who's Who in the six years that it has been awarding law firms for their excellence.  In addition, seven of the firm's attorneys were noted for their achievements.  They were Robert Morvillo, Elkan Abramowitz, Paul Grand, Lawrence Iason, Robert Anello, Barry Bohrer, and Richard Weinberg.

Who's Who bases its annual awards on their review of nominations received from thousands of clients and fellow professionals.  The winners were announced in their compendium edition of The International Who's Who of Business Lawyers 2010, which was published this month, and are available to view on their website at http://www.whoswholegal.com/awards/.

SEC’s First Derivatives-Based Insider Trading Case Dismissed in Federal Court

On June 25, 2010, following a three-week trial, Judge John G. Koeltl of the U.S. District Court for the Southern District of New York dismissed all claims against Renato Negrin, a former portfolio manager for Millennium Partners L.P., and Jon-Paul Rorech, a former bond salesman at Deutsche Bank.  Mr. Negrin was represented at trial by a Morvillo Abramowitz trial team led by Lawrence Iason and Linda Fang.

In the SEC’s first-ever insider trading case involving credit default swaps (CDS), the SEC alleged that Mr. Negrin had purchased CDSs following his receipt of material nonpublic information provided by Mr. Rorech concerning a proposed debt restructuring by VNU N.V., a Dutch Media holding company. 

In a 122-page opinion, Judge Koeltl rejected all of the SEC’s allegations against Messrs. Negrin and Rorech, finding that the SEC’s allegations were wholly without merit.  Specifically, the court found that Mr. Negrin had not traded on any inside information, and that neither defendant had acted inappropriately or with any deception.  On the contrary, the court concluded that the defendants’ actions were wholly consistent with prevailing custom and practice in the bond market, and that the overwhelming evidence presented at trial compelled the conclusion that the particular information at issue was neither material nor confidential.  Finding that the SEC’s allegations were entirely unsupported by the evidence, the court ruled in favor of defendants and dismissed all claims against Mr. Negrin in their entirety.

On May 27, 2010, Principal Barbara Moses was elected Vice President of the New York County Lawyers' Association.  Ms. Moses has been a Director of the Association since 2007 and served as the Chair of the Federal Courts Commitee from 2004 through 2006.

On May 7, 2010, Morvillo Abramowitz Principal Jonathan S. Sack will participate in a panel discussion on the "Representation of Individuals in Internal Investigations" as part of the ABA's National Institute on Corporate Investigations and In-House Counsel in Washington, D.C.  The topics to be discussed include the following:  conflicts of interest, disclosure of information by company counsel, advancement and indemnification of legal fees, representing employee targets of investigations and cooperating with internal investigations.  Information regarding the webinar is available here.

On April 23, 2010, Morvillo Abramowitz Principal Elkan Abramowitz will participate in a panel discussion on “Centralization and Cooperation:  Is Strong Central Authority Necessary or Effective” as part of the Center on the Administration of Criminal Law at New York University School of Law’s conference on "Allocating Prosecutorial Power:  How Prosecutors Compete, Cooperate and Clash."  Information regarding the panel is available here.

On April 15, 2010, Morvillo Abramowitz Principal Jonathan S. Sack will participate in a panel discussion on "Enforcement and Reform in the Wake of the Financial Crisis," a CLE program sponsored by the Center on Financial Services Law at New York Law School.  The topics to be discussed will include government enforcement priorities and actions that have resulted from the financial crisis, along with how proposed reforms will affect future enforcement.  Mr. Sack, the only defense attorney panelist, will address these issues from the perspective of the private bar.  Information regarding the panel discussion is available here.

In an important decision for prime brokers, on March 25, 2010, a panel of the Eleventh Circuit Court of Appeals affirmed the district court’s dismissal with prejudice of a complaint against our client, Banc of America Securities LLC, in SFM Holdings, Ltd. v. Banc of America Securities, LLC, ---- F.3d -----, 2010 WL 1068230 (11th Cir. 2010).  MAGIAB Principal Robert J. Anello was lead counsel before the district court and argued the Eleventh Circuit appeal on behalf of Banc of America.  The appellant, SFM Holdings, Ltd., was one of nearly 200 hundred investors defrauded by corrupt investment advisors at Shoreland Trading; as part of its arrangement with Shoreland, SFM had opened a prime brokerage account with Banc of America.  A central issue on appeal was SFM's claim that Banc of America owed (and breached) a fiduciary duty to SFM based on the agreements entered into by SFM to open its account and Banc of America's role as a prime broker.  Accepting our arguments, the panel affirmed the district court's judgment, holding that the governing account documents specifically precluded imposition of a fiduciary duty on the bank.  Notably, the majority also explained that traditionally, it is the introducing brokers—those brokers who have a relationship with and provide investment advice to the client—that assume a fiduciary duty to the client; the prime or executing broker—the broker who merely executes securities transactions at the direction of the client or introducing broker—normally does not owe such a duty.

On September 30th, 2009, in conjunction with ALM Law Journal Newsletters and Law.com, Morvillo Abramowitz Principals Jonathan S. Sack, Barry A. Bohrer, Robert M. Radick, and Judith Mogul presented a live CLE “webinar” concerning common issues arising in connection with regulatory and governmental investigations. The topics discussed included the ethical and statutory obligations of in-house counsel, practical considerations relating to internal investigations and the retention of investigative counsel, and common issues concerning the attorney-client privilege and dealings with governmental authorities. Information regarding the presentation is available here.

On August 4, 2009, the Honorable Avern Cohn, United States District Court, Eastern District of Michigan, ordered the dismissal, with prejudice, of all charges against our client, Scot McDonald, in Securities and Exchange Commission v. Delphi Corporation, et. al., 2:06-cv-14891-AC-SDP.  Mr. McDonald, the former Controller of EDS Corporation, had been charged by the SEC with aiding and abetting violations of Sections 13(a), 13(b) and 10(b) of the Securities and Exchange Act of 1933, and Rule 10b-5 promulgated thereunder.  These charges stemmed from a fraud allegedly committed by Delphi Corporation and various Delphi employees in 2001.  Throughout the SEC’s investigation and the subsequent litigation, we argued that Mr. McDonald did not aid and abet Delphi’s purported fraud, and did not violate the law in any way.  During discovery, the SEC ultimately concluded that its case against Mr. McDonald should be dismissed.  Thus, on August 3, 2009, the SEC agreed to dismiss all charges against Mr. McDonald. 

On June 23, 2009, Morvillo Abramowitz Principal Barbara Moses presented a portion of the New York County Lawyers' Association CLE program, "Winning Cases in Federal Court."  Ms. Moses is a Director of NYCLA and has served on the "Winning Cases" faculty since 2007.

On May 15, 2009, Morvillo Abramowitz Principal Robert J. Anello will conduct a CLE program for the New York State Bar Association  at the New York Mariott East Side at 525 Lexington Avenue.  The topic to be discussed is International Practice after the Great Credit Crisis of 2008-2009.  Information regarding the CLE is available here.

On May 6, 2009, Morvillo Abramowitz Principal Jonathan S. Sack will participate in a panel discussion on the "Nuts and Bolts of Corporate Investigations" as part of the ABA's National Institute on Corporate Investigations and In-House Counsel in Washington, D.C.  The topics to be discussed will include what allegations should trigger an investigation, how to structure the investigation, how to conduct the investigation and how to finalize the investigation.  Information regarding the webinar is available here. 

On January 29, 2009, in conjunction with ALM Law Journal Newsletters and Law.com, Morvillo Abramowitz Principals Jonathan S. Sack, Stephen M. Juris, Judith Mogul, and Richard D. Weinberg will present a live CLE “webinar” concerning issues that frequently arise when representing employees in connection with internal and governmental investigations.  The topics to be discussed will include the basics of corporate internal investigations, advocacy on behalf of employees and executives with corporate counsel, ethical issues associated with internal investigations and the retention of counsel, and other issues that commonly arise in connection with governmental inquiries.  Information regarding the webinar is available here.

Today’s dismissal of all charges against David Stockman demonstrates what we have been arguing throughout this case:  he is innocent.  When Mr. Stockman was indicted, we said that there was no crime here and that Mr. Stockman would be vindicated.  As we pointed out then, the charges simply did not make sense.  Mr. Stockman would never have jeopardized his reputation by engaging in a scheme to defraud. 

The past few years have been a terrible ordeal for Mr. Stockman.  Fortunately, the U.S. Attorney’s Office for the Southern District of New York was willing to reconsider the case and our arguments, and should be commended for its commitment to justice.  Now, as we predicted, Mr. Stockman, and his reputation, have been vindicated.

In a cover article for its August 2008 edition, UK business magazine ACQ has profiled Morvillo Abramowitz as the “go-to”  firm for white collar defense. The full article may be found here.

On August 7, 2008, in conjunction with ALM Law Journal Newsletters and Law.com, Morvillo Abramowitz Principals Jonathan S. Sack, Barry A. Bohrer, Stephen M. Juris, and Judith Mogul presented a live CLE “webinar” concerning common issues arising in connection with regulatory and governmental investigations.  The topics discussed included the ethical and statutory obligations of in-house counsel, practical considerations relating to internal investigations and the retention of investigative counsel, and common issues concerning the attorney-client privilege and dealings with governmental authorities.  Information regarding the presentation is available here.

On July 14, 2008, Morvillo Abramowitz Principals Robert J. Anello and Catherine M. Foti received the New York City Bar Association’s 2008 Thurgood Marshall Award for Capital Representation. The award is presented annually in recognition of exemplary service to the cause of justice in the United States, and was awarded to Mr. Anello and Ms. Foti for their pro bono representation of an individual on death row. Morvillo Abramowitz also was recognized for supporting its attorneys in their pro bono work.

On July 1, 2008, Morvillo Abramowitz Principal Stephen M. Juris participated in C5’s London conference concerning Market Abuse & Insider Dealing. Mr. Juris discussed the tensions between corporate and individual interests that commonly arise in connection with internal investigations and governmental inquiries.

On June 2, 2008, Morvillo Abramowitz principal Barbara Moses served on the faculty of the New York County Lawyers’ Association program, “Winning Cases in Federal Courts.” Ms. Moses’s topic was “Commencing an Action in Federal Court.”

Morvillo Abramowitz Principals Barbara Moses, Jodi Peikin, Catherine Foti and Judy Mogul appeared in “New York’s Women Leaders in the Law” in New York Magazine.

The section is featured online on New York Magazine’s web site at nymag.com/womenleaders, on the New York Law Journal’s web site at www.nylj.com/womenleaders

On April 10, 2008, Morvillo, Abramowitz Principals Barry A. Bohrer, Stephen M. Juris, and Jonathan S. Sack conducted a CLE program for JPMorgan Chase concerning issues that commonly arise in the context of governmental investigations relating to the valuation of illiquid securities, and have been raised with increasing frequency as regulators react to investment banks’ writedowns of mortgage-backed securities. Using the recent subprime crisis as a backdrop, Messrs. Bohrer, Juris, and Sack discussed the various types of potential liability under the securities laws, as well as practical considerations concerning the role of corporate counsel and the representation of individual employees.

On March 6, 2008, Morvillo Abramowitz Principal Jeremy H. Temkin spoke on the Criminal and Regulatory Fallout of the Subprime Meltdown at the Subprime-Backed Securities Litigation Conference. The conference was sponsored by LexisNexis Mealey’s, and was held at the Harvard Club of New York City.

On November 27, 2007, Morvillo Abramowitz Principal Robert G. Morvillo Chaired an ethics program at the Association of the Bar of the City of New York dealing with the ethical problems that typically arise during the course of criminal investigations and cases. Conflicts of interest, document destruction, and false representations will be discussed as examples of conduct presenting ethical dilemmas.

On October 30, 2007, Morvillo Abramowitz Principal Robert J. Anello Co-Chaired an ethics program at the Association of the Bar of the City of New York focusing on issues of professional responsibility that affect corporate counsel on a daily basis. Specific topics addressed included “Corporate Miranda” warnings, special problems concerning the representation of employees in internal investigations, the risks associated with waiver of the attorney-client privilege, and new developments regarding the “no contact” rule.