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The Limits of Obtaining Discovery from U.S. Persons for Use in Foreign Proceedings - 08.23.2019

Parties to pending or contemplated foreign proceedings potentially can use 28 U.S.C. § 1782 to obtain broad discovery from U.S. persons for use in foreign proceedings. In this article, we discuss Judge Jed S. Rakoff’s recent decision involving Section 1782 in In re Petrobras Securities Litigation and the legal framework governing the statute.

Morvillo Abramowitz Selected for The GIR 100 2019 Guide - 08.16.2019

NEW YORK, August 16, 2019 – Morvillo Abramowitz has been selected for The Global Investigations Review 100 2019 guide. Based on extensive research, the 5th edition of GIR 100 will highlight leading cross-border investigations practices from around the world, and will be distributed at several premier international conferences.

 

Morvillo Abramowitz Partners Recognized in Best Lawyers 2020 - 08.15.2019

NEW YORK, August 15, 2019 – Several Morvillo Abramowitz partners have been recognized in the 2020 edition of Best Lawyers, including Elkan Abramowitz, Richard F. Albert, Robert J. Anello, Catherine M. Foti, Paul R. Grand, Lawrence Iason, and Richard D. Weinberg, and featured in the following categories: Bet-the-Company Litigation, Commercial Litigation, Corporate Compliance Law, Corporate Governance Law, and Criminal Defense: White-Collar.

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.”

Please click here to read more.

Morvillo Abramowitz Partners Recognized in Best Lawyers 2020 - 08.15.2019

Several Morvillo Abramowitz partners have been recognized in the 2020 edition of Best Lawyers, including Elkan Abramowitz, Richard F. Albert, Robert J. Anello, Catherine M. Foti, Paul R. Grand, Lawrence Iason, and Richard D. Weinberg, and featured in the following categories: Bet-the-Company Litigation, Commercial Litigation, Corporate Compliance Law, Corporate Governance Law, and Criminal Defense: White-Collar.

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.”

Please click here to read more.

Evaluating Whether to Cooperate in a Federal White Collar Criminal Investigation - 08.15.2019

In a cover article for the August/September 2019 issue of Practical Law The Journal, published by Thompson Reuters, Morvillo Abramowitz partner Brian A. Jacobs and associate Nicole L. Buseman discuss the cooperation process in federal white collar investigations, including strategic considerations for counsel and clients.

Epstein Saga Puts Spotlight on Crime Victim’s Rights Act - 08.15.2019

In leading to the ouster of a former United Sates attorney from his cabinet position, the Jeffrey Epstein case drew attention to the Crime Victims’ Rights Act, the federal statute intended to guarantee victims a role in federal criminal proceedings. In this article, we analyze the statute and its role in the Epstein case, and address his victims’ effort to use the statute to invalidate a non-prosecution agreement —which although likely mooted by Epstein’s death—is of particular significance to white-collar practitioners and their clients.  

All Defendants Are Created Equal Under The Bail Reform Act – or Are They? - 08.14.2019

On August 1, 2019, the Second Circuit Court of Appeals jumped into the fray of what has been a growing debate about the right under the federal Bail Reform Act for individuals facing indictment to create conditions for release that only the wealthiest of defendants can even contemplate, including paying for their own home detention service. In a highly unusual opinion, in the case of United States v. Boustani, the Circuit held that the Bail Reform Act “does not permit a two-tiered bail system in which defendants of lesser means are detained pending trial while wealthy defendants are released to self-funded private jails.” Although the Second Circuit’s “all created equal” pronouncement may be laudable, it is inconsistent with the plain meaning of the Act and unnecessary given the facts of Boustani. As I explain in my prior blog post, “Too Rich to Bail?,” the Bail Reform Act requires that, in each case, courts conduct an individualized assessment of the charges against the defendant as well as the weight of the evidence and the defendant’s underlying history and circumstances, to determine whether any conditions exist that would assure the defendant’s appearance in court. Thus, the Act is inequitable by its very terms. This blog discusses the Circuit’s Boustani opinion and whether the Circuit, in reaching the issue of equitable treatment, misconstrued the Act’s text. [...]

The Tax Man Taps the Brakes on Digital Currency Expansion - 08.06.2019

In June 2019, Facebook and a consortium of 28 founding members including Visa, Mastercard, PayPal, Uber Technologies, Inc., and eBay announced the launch in 2020 of a new digital currency called Libra, promoted as “a simple global currency and financial infrastructure that empowers billions of people.” In a White Paper introducing Libra, the consortium promises accessibility to the 1.7 billion adults globally who remain outside the financial system but who have access to mobile phones and the internet and pledges trustworthiness and support for “collaborating and innovating with the financial sector, including regulators.” Yet Libra’s global reach and potential for misuse has alarmed U.S. regulators and central bankers worldwide. At a July 11, 2019 Senate Banking Committee hearing, Federal Reserve Chair Jerome Powell expressed concern that no single regulator currently has authority to oversee Libra, stating that “Libra raises a lot of serious concerns, . . . [including] privacy, money laundering, consumer protection, [and] financial stability.” Treasury Secretary Steven Mnuchin, in a White House press briefing on July 15, 2019, acknowledged the great interest in Libra and other cryptocurrencies but voiced Treasury’s serious concern “regarding the growing misuse of virtual currencies by money launderers, terrorist financiers, and other bad players.” Concerns have also been articulated by private citizens. In an Opinion piece published by the Financial Times on June 21, 2019, Facebook co-founder Chris Hughes warned that Libra will permit companies that will put their private interests ahead of public ones to exercise monetary control and will “disrupt and weaken nation states by enabling people to move out of unstable local currencies and into a currency denominated in dollars and euros and managed by corporations.” [...]

Morvillo Abramowitz Partner Brian A. Jacobs Referenced in Judge Rakoff's Recent Court Decision - 08.05.2019

On August 5, 2019, Morvillo Abramowitz partner Brian A. Jacobs’ most recent blog, “The Vanishing of Federal Sentencing Decisions,” on The Insider: White Collar Defense and Securities Enforcement hosted by Forbes was referenced by the Honorable Judge Jed Rakoff in his opinion in United States v. Sayoc. The subject matter of Brian's blog was the inaccessibility of written federal sentencing decisions.

To read Brian’s full critique, please click here.

To read Judge Rakoff’s opinion, please click here.

 

 

 

 

Morvillo Abramowitz Partners Christopher B. Harwood and Brian A. Jacobs Named to Benchmark Litigation’s Under 40 Hot List 2019 - 08.02.2019

NEW YORK, Friday, August 2, 2019 – Morvillo Abramowitz partners Christopher B. Harwood and Brian A. Jacobs were named to Benchmark Litigation’s Under 40 Hot List 2019. This honor is awarded to the Nation’s most accomplished legal practitioners, 40 or younger, who have been deemed the most promising emerging talent in their respective litigation communities by peers and clients.

Benchmark Litigation is the Definitive Guide to America's Leading Litigation Firms and Attorneys. Published by Euromoney Legal Media Group, Benchmark Litigation’s guide is derived from a process of extensive research and interviews with litigators and their clients.

To view the full list, please click here.

Morvillo Abramowitz Partners Christopher B. Harwood and Brian A. Jacobs Named to Benchmark Litigation’s Under 40 Hot List 2019 - 08.02.2019

On Friday, August 2, 2019, Morvillo Abramowitz partners Christopher B. Harwood and Brian A. Jacobs were named to Benchmark Litigation’s Under 40 Hot List 2019. This honor is awarded to the Nation’s most accomplished legal practitioners, 40 or younger, who have been deemed the most promising emerging talent in their respective litigation communities by peers and clients.

Benchmark Litigation is the Definitive Guide to America's Leading Litigation Firms and Attorneys. Published by Euromoney Legal Media Group, Benchmark Litigation’s guide is derived from a process of extensive research and interviews with litigators and their clients.

To view the full list, please click here.

The Vanishing of Federal Sentencing Decisions - 07.19.2019

In civil cases, the most important decisions that federal district judges make typically are recorded in the form of written opinions that are collected in the Federal Supplement, widely available for free online, and available in searchable databases on Westlaw and LexisNexis, among other places. In criminal cases, by contrast, some of the most important decisions that federal district judges make—regarding what sentences to impose—are, in the vast majority of cases, lost in the ether of PACER, where they are available only to those who know precisely where to look. This state of affairs is far from ideal for prosecutors, defense attorneys, and district judges, and it is patently unfair for criminal defendants themselves. [...]

Incriminating Expenses: Cannabis Legalization and the Fifth Amendment - 07.18.2019

More than half of the states and the District of Columbia have adopted legislation to either decriminalize or legalize cannabis, giving rise to numerous for-profit businesses. However, while growing and distributing cannabis is lawful in certain states, the Internal Revenue Code precludes individuals engaged in such conduct from deducting expenses associated with their operations. In this article, I discuss a series of cases exploring the Fifth Amendment implications of disallowing business deductions for state-sanctioned businesses, and address the limitations of the Fifth Amendment privilege against self-incrimination in litigation over disputed deductions.