Publications

09.13.13 | Insights & Interviews

Elkan Abramowitz in Law360 Rainmaker Q&A

Law360

Morvillo Abramowitz Partner Elkan Abramowitz featured in Law360 Rainmaker Q&A discussing maintaining business visibility, the relevancy of social media, and scoring new clients.

Related Lawyers: Elkan Abramowitz

09.11.13 | Insights & Interviews

Robert Anello Featured In Law360 Rainmaker Q&A

Law360

Morvillo Abramowitz Partner Robert Anello featured in Law360 on being a rainmaker and shares his thoughts on generating business, excelling in the legal sphere, and maintaining client relations.

Related Lawyers: Robert J. Anello

07.30.13 | Insights & Interviews

Sequestering Justice Is Unjust

New York Law Journal

In a recent New York Law Journal opinion piece, Partner and Federal Bar Council President Robert Anello addresses how severely the budget sequester has compromised both the courts and the Federal Defenders' ability to fulfill their constitutional duties.

Related Lawyers: Robert J. Anello

March/April/May 2013 | Insights & Interviews

From the President: Overcriminalization: A National Problem in Need of Reform

Federal Bar Council Quarterly

Morvillo Abramowitz Partner and Federal Bar Council President Robert Anello discusses the nation’s swelling prison population and calls upon fellow attorneys to reconsider the current state of the country’s penal system.

Related Lawyers: Robert J. Anello

6.27.13 | Insights & Interviews

Litigation: The expanded role of courts in settling government investigations

Inside Counsel

Government investigations of companies typically end in settlements. These may be civil in nature, in which companies commonly agree to pay money and take remedial measures to deter and prevent the misconduct that the government alleges occurred. Settlements may also be criminal in nature—either agreements not to prosecute the company (deferred or non-prosecution agreements), or a guilty plea pursuant to an agreement negotiated with the prosecutor. Even when company leaders believe the government’s contentions are wrong, the costs and risks of a fight with the government, particularly for a public company, usually lead to a resolution short of litigation, and certainly short of trial. [...]

Read Full Article Here

Related Lawyers: Jonathan S. Sack

06.13.13 | Insights & Interviews

Litigation: Investigating Whistleblower Complaints

Inside Counsel

Companies launch internal investigations based on information that comes from a variety of sources, including newspaper articles, government requests for information and information bubbling up from within the organization that makes its way to the legal department. These issues can be spotted by the compliance department or raised in an internal audit. An internal investigation can also arise from information shared by employees, some of whom report issues of concern with no hint of adversity and others who raise issues as whistleblowers. 

When issues are raised by individual employees who qualify as whistleblowers, companies should proceed carefully given the risk of corporate liability for retaliation. Equally important is the manner in which a company investigates the substance of whistleblower allegations. A properly handled investigation is critical not only for avoiding retaliation litigation—it can also often make the difference between aggressive criminal and regulatory enforcement action or an alternative resolution with the government. [...]

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Related Lawyers: Jonathan S. Sack

05.30.13 | Insights & Interviews

Litigation: Whistleblower retaliation claims

Inside Counsel

The laws protecting and rewarding corporate whistleblowers have increased in scope and number in recent years, as we described in our most recent article. Even more dramatically, courts and lawmakers have broadened the definition of protected whistleblower activity—that is, the type of conduct that triggers legal protection against retaliation. These two trends taken together have broadened the universe of potential whistleblowers and heightened the risk of corporate liability for claimed retaliation.

In March 2013, the U.S. Court of Appeals for the 3rd Circuit handed down the most expansive definition of protected whistleblower activity to date, ruling in Wiest v. Lynch that an employee who expresses "reasonable belief" of an accounting irregularity is a whistleblower under the securities laws, even if his statement lacks any clear connection between the accounting error and shareholder fraud. [...]

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Related Lawyers: Jonathan S. Sack

05.23.13 | Insights & Interviews

Letter From The President Of The New York County Lawyers’ Association

The Metropolitan Corporate Counsel

Morvillo Abramowitz Counsel Barbara Moses was inducted as president last month of the New York County Lawyers’ Association (NYCLA). In her letter from the president, as featured in The Metropolitan Corporate Counsel, Ms. Moses details her hopes of bridging the gap between the old world and new world of the legal profession.

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05.16.13 | Insights & Interviews

Litigation: To the tune of $3 billion, whistleblower claims are on the rise

Inside Counsel

At one time whistleblowers were relatively rare and isolated, and the law did not grant them much protection. But that's not the case anymore. Fulbright & Jaworski's recent litigation trends survey of in-house counsel found that more than 25 percent of companies had faced whistleblower allegations in the past three years.

Whistleblowers employed by defense contractors, pharmaceutical manufacturers and other companies have increasingly taken allegations of violations of law to the government—with striking results. Companies on the receiving end of these allegations have paid billions of dollars in fines and penalties following whistleblowers' cooperation with law enforcement authorities and civil lawsuits. What's more, new laws have granted whistleblowers enhanced protections against retaliation and increased financial incentives to tell the government about suspected violations of law by their employers. [...]

Read Full Article Here.

Related Lawyers: Jonathan S. Sack

Dec./Jan./Feb. 2013 | Insights & Interviews

From the President: A Noble and Caring Profession

Federal Bar Council Quarterly

Morvillo Abramowitz Partner Robert Anello is the current President of the Federal Bar Council, an organization of lawyers who practice in federal courts within the Second Circuit. In his first quarterly column as President, Mr. Anello explains why he is proud of his fellow lawyers for their contributions to the community.

Related Lawyers: Robert J. Anello

10.03.12 | Insights & Interviews

The Management of Risk and Compliance: The Board's Role

On Wednesday, October 3, 2012 Morvillo Abramowitz Partners Jeremy H. Temkin and Richard F. Albert, joined by Douglas M. Lankler, Executive Vice President, Chief Compliance and Risk Officer, Pfizer, Inc., took part in a Directors & Boards webinar entitled, "The Management of Risk and Compliance: The Board’s Role." Temkin, Albert and Lankler discussed the risk and compliance responsibilities facing the Board, the elements of a well-designed compliance program, and lessons to learn based on cautionary case studies from recent headline-grabbing breakdowns.

Related Lawyers: Richard F. Albert, Jeremy H. Temkin

02.06.12 | Insights & Interviews

Elkan Abramowitz on Representing Individuals in 'The Trial'

Having built his career as a trial lawyer representing prestigious clients fallen into high stakes personal and professional crises, Elkan Abramowitz still feels he’s at the top of his game. His success as a trial lawyer is legendary and for this he credits rigorous pre-trial preparation as key to handling courtroom tension—and effecting victory.

Related Lawyers: Elkan Abramowitz

07.12.11 | Insights & Interviews

Robert J. Anello Speaks to BloombergLaw on News Corp Hacking Scandal

On Wednesday, July 13, 2011, 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.

Related Lawyers: Robert J. Anello

11.29.10 | Insights & Interviews

Robert J. Anello Speaks to CNBC on What Insider Trading Is and Isn't

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

Related Lawyers: Robert J. Anello