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Current Ethical Issues for In-House Counsel & Those Who Advise Them: Litigation Perspectives - 06.12.2019

On Wednesday, June 12, 2019, partner Catherine M. Foti will co-chair a New York City Bar Association program entitled, “Current Ethical Issues for In-House Counsel & Those Who Advise Them: Litigation Perspectives.” This program will include a stimulating series of hypotheticals based on real-life experience and review a variety of important professional responsibility issues that affect corporate counsel on a daily basis. The meeting will take place in Manhattan at the New York City Bar Association.

For more information about this program, please click here.

The International Encryption Debate: Privacy Versus Big Brother - 06.12.2019

Governments worldwide are attempting to restrict the use of encryption services like WhatsApp and Snapchat to allow a greater opportunity for surveillance. This Big-Brother-is-watching approach has met with resistance from public rights and civil liberty activists. In this article, we discuss the spectrum of the global response – including here in the United States – to the increased use of encrypted technologies and highlight encryption laws and policies of a number of countries. This digital tug-of-war has enormous implications for privacy and for our criminal justice system.  

Insiders Report on the State of the IRS - 06.05.2019

On May 28, the Commissioner of the Small Business/Self-Employed (“SB/SE”) Division, the National Taxpayer Advocate (“NTA”) and the Chief of IRS Criminal Investigation (“CI”) provided their insider perspectives on the current state of the IRS at a town hall held at the New York City Bar Association. Each of these executives gave insights into the challenges facing the Service. [...]

The Legal 500 United States 2019 Recommends Morvillo Abramowitz and Its Partners in Corporate Investigations & White-Collar Criminal Defense, Leading Trial Lawyers, and Securities Litigation - 05.29.2019

The Legal 500 United States 2019 has recommended Morvillo Abramowitz Grand Iason & Anello PC and its partners in the categories of Corporate Investigations & White-Collar Criminal Defense, Leading Trial Lawyers, and Securities Litigation. Indeed, more than half of the firm’s partners have been recommended, including Elkan Abramowitz, Robert J. Anello, Benjamin S. Fischer, Catherine M. Foti, Lawrence Iason, Jodi Misher Peikin, and Jonathan S. Sack within Corporate Investigations & White-Collar Criminal Defense; and Elkan Abramowitz, Robert J. Anello, Lawrence S. Bader, and Edward M. Spiro within Securities Litigation. In addition, Elkan Abramowitz has been recognized as a “Leading Trial Lawyer” in this year’s edition for his outstanding skills in the courtroom and included in the Hall of Fame, which “highlights individuals who have received constant praise by their clients for continued excellence."

Since 2006, The Legal 500 United States has been analyzing the capabilities of law firms nationwide, honoring U.S. firms that couple a national presence with the capability to handle sophisticated and complex work. Each year, the publication highlights those legal teams who consistently uphold quality over quantity.

The Legal 500 United States 2019 Recommends Morvillo Abramowitz and Its Partners in Corporate Investigations & White-Collar Criminal Defense, Leading Trial Lawyers, and Securities Litigation - 05.29.2019

NEW YORK, May 29, 2019 The Legal 500 United States 2019 has recommended Morvillo Abramowitz Grand Iason & Anello PC and its partners in the categories of Corporate Investigations & White-Collar Criminal Defense, Leading Trial Lawyers, and Securities Litigation. Indeed, more than half of the firm’s partners have been recommended, including Elkan Abramowitz, Robert J. Anello, Benjamin S. Fischer, Catherine M. Foti, Lawrence Iason, Jodi Misher Peikin, and Jonathan S. Sack within Corporate Investigations & White-Collar Criminal Defense; and Elkan Abramowitz, Robert J. Anello, Lawrence S. Bader, and Edward M. Spiro within Securities Litigation. In addition, Elkan Abramowitz has been recognized as a “Leading Trial Lawyer” in this year’s edition for his outstanding skills in the courtroom and included in the Hall of Fame, which “highlights individuals who have received constant praise by their clients for continued excellence."

Since 2006, The Legal 500 United States has been analyzing the capabilities of law firms nationwide, honoring U.S. firms that couple a national presence with the capability to handle sophisticated and complex work. Each year, the publication highlights those legal teams who consistently uphold quality over quantity.

The Current State of the IRS - 05.28.2019

On Tuesday, May 28, 2019, the New York City Bar Association's Personal Income Taxation Committee, chaired by partner Jeremy Temkin, will sponsor a Town Hall meeting entitled, “The Current State of the IRS.” Caroline Ciraolo, the former Acting Assistant Attorney General of the Department of Justice's Tax Division, will moderate a discussion of the Service’s current enforcement priorities as well as its efforts to assist taxpayers and taxpayer representatives facing bureaucratic hurdles and complex tax issues. Other esteemed panelists will include: Don Fort, Chief, IRS Criminal Investigation; Mary Beth Murphy, Commissioner, IRS Small Business/Self Employed Division; Nina Olson, National Taxpayer Advocate.

The meeting will take place in Manhattan at the New York City Bar Association. For more information about this program, please click here.

How Many Company Employees Can Fit Into a White-Collar Lawyer's Pool? - 05.22.2019

State and federal prosecutors often are suspicious and critical of efforts by a company under criminal investigation to control costs and centralize knowledge by establishing “pool counsel” to represent employees who may be called upon to be witnesses. As a result, government attorneys frequently attempt to dissuade potential witnesses (current/former employees, officers, or agents of the subject organization) from agreeing to be represented by an attorney hired by their company to concurrently represent a group of similarly situated individuals. A recent ethics opinion issued by the Committee on Professional Ethics of the Association of the Bar of the City of New York, chaired by renowned ethics expert Professor Bruce Green, makes clear that although pool counsel must evaluate a number of ethical considerations, such representation often is reasonable, practical, and desirable. Hopefully, at least in New York, the Committee’s thoughtful and insightful analysis will allay prosecutors’ undue concerns. [...]

Closed for Business: Shutting Down the U.S. as an Offshore Tax Haven - 05.16.2019

The United States is not the only country whose citizens use offshore vehicles to cheat on their taxes, and while U.S. taxpayers think of Switzerland and Caribbean islands as tax havens, many foreign nationals use U.S.-based vehicles to evade their own tax obligations. In this article, we discuss recent legislative and regulatory steps to increase transparency as well as the IRS’s use of John Doe summonses to help foreign countries investigate offshore tax evasion by their citizens.   

The Proper Treatment of Fraud Victims in Federal White Collar Prosecutions - 05.15.2019

In white collar cases, federal prosecutors around the country reflexively file—and district courts routinely grant—motions seeking to bar defense counsel from making arguments, introducing evidence, or pursuing cross-examination regarding a fraud victim’s carelessness in dealing with the defendant. Any such argument or evidence, prosecutors generally argue, should be precluded as irrelevant, under Rule 401 of the Federal Rules of Evidence, on the ground that a victim’s lack of caution and diligence is no defense to fraud. Although these motions find support in well-established precedent, there are several reasons why courts should view them with a bit of skepticism, and should give defense counsel more latitude in exploring, particularly through cross-examination, the behavior of fraud victims. [...]

Morvillo Abramowitz Praised by Former Biglaw Client for Being Responsive, Compassionate, and Skilled in Law360 - 05.15.2019

On May 16, 2019, Morvillo Abramowitz was praised in a Law360 article entitled, “Ex-Dewey Chair Says Charges Brought 'Waves Of Despair.'” The article highlights public comments made by former client Steven Davis at the New York City Bar Association’s annual White Collar Crime Institute. Mr. Davis, the former chairman of Dewey & LeBoeuf, recounted the experience of being a defendant and said, “having responsive lawyers made a big difference.” Indeed, “’The fact they were willing to more or less drop everything and come to my help on no notice was an immediate sign for me of the kind of relationship I wanted to have with the people who would be defending me,’" said Mr. Davis.

The case against Mr. Davis was brought to a successful resolution on January 8, 2016.

To read more, please click here.

Will the Rise of Originalism Spell the End of Gay Rights Under Title VII? - 05.13.2019

With the arrival of Justices Neil Gorsuch and Brett Kavanaugh to the Supreme Court, almost half of the justices now subscribe to originalism—the view that vague constitutional provisions mean what they were originally understood to mean when they were enacted. While originalism figures prominently in debates about constitutional interpretation (for example, originalists claim that Roe v. Wade must be wrong because nobody alive in 1791 believed the Bill of Rights protected the right to have an abortion), originalism is seldom discussed in the context of statutory interpretation. That will likely change in the upcoming Supreme Court term, as the Court agreed on April 22 to review the Second Circuit’s en banc decision in Zarda v. Altitude Express—a decidedly non-originalist decision. In Zarda, notwithstanding that no one thought Title VII prohibited discrimination based on sexual orientation when the law passed in 1964, the Second Circuit held that Title VII prohibits just such discrimination. [...]

Hub, Spokes and Rim: Revisiting Kotteakos - 05.07.2019

In Kotteakos v. United States, the Supreme Court imposed important limits on the scope of conspiracy under federal criminal law. Kotteakos held that in a single conspiracy, co-conspirators linked with a common individual must also be linked with one another. In the Supreme Court’s formulation, the “spokes” must be connected by a “rim,” and not merely with a common “hub.” In this article, we discuss the issue of single versus multiple conspiracies – an issue which recently surfaced in the indictment of 19 parents as part of an alleged “nationwide college admissions scam.”   

White Collar & Securities Enforcement Lunch & Learn Briefing with Mimi Rocah - 05.07.2019

On Tuesday, May 7, 2019, partner Jodi Misher Peikin will host the UJA-Federation of New York’s White Collar & Securities Enforcement Group for a briefing with legal analyst and criminal justice expert Mimi Rocah. Mimi is a Legal Analyst for MSNBC and NBC News as well as a current Distinguished Fellow in Criminal Justice at Pace Law School. From February 2001 until October 2017, Mimi was an Assistant United States Attorney in the Southern District of New York. As a prosecutor, she received numerous Department of Justice awards, including, most recently, the 2016 Women In Federal Law Enforcement Leadership Award.

The event will take place at Morvillo Abramowitz Grand Iason & Anello PC located at 565 5th Avenue in Manhattan. 

Should Trump’s Foreign Policy Affect Criminal Prosecutions? - 05.01.2019

In connection with several recent high-profile international cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as a tool in its foreign policy arsenal. In this article, we discuss why maneuvering criminal prosecutions of individuals to influence foreign relations raises due process concerns. On the other hand, with respect to corporate prosecutions, which at their core are regulatory in nature, different considerations apply.

Morvillo Abramowitz Gets Top Ranking in White-Collar Crime & Government Investigations and More Than Half of Its Partners Recognized in Chambers USA 2019 - 04.25.2019

NEW YORK, April 25, 2019 – Since its inception, Chambers USA: America's Leading Lawyers for Business Guide has recognized Morvillo Abramowitz Grand Iason & Anello PC for excellence in Litigation: White-Collar Crime & Government Investigations with its highest ranking, Band 1. Indeed, the firm has more partners who are ranked in White-Collar Crime & Government Investigations than any other firm. The firm also is recognized in Securities: Regulation: Enforcement. The firm is “widely acclaimed for its market-leading white-collar defense practice” and “fields a deep bench of formidable litigators with experience with acting on some of the most high-profile criminal trials of recent times, as well as advising on internal investigations.” Clients praise the firm and note, “They're excellent. They're top-notch criminal defense lawyers and the gold standard of white-collar criminal boutiques.” More than half of the firm's partners were named leading lawyers by Chambers USA in the categories of Litigation: White-Collar Crime & Government Investigations: Elkan Abramowitz, Richard F. Albert, Robert J. Anello, Benjamin S. Fischer, Judith L. Mogul, Jodi Misher Peikin, Jonathan S. Sack, Jeremy H. Temkin, and Richard D. Weinberg; Securities: Regulation: Enforcement: Lawrence Iason and Richard D. Weinberg; FCPA: Robert J. Anello; and Litigation: General Commercial: Judith L. Mogul.

Since 1990, Chambers and Partners has been researching the legal profession, identifying the leading lawyers and law firms through in-depth and client-focused interviews with thousands of lawyers and their clients. Known for its independence and the objectivity of its research, Chambers USA ranks the leading firms and lawyers in an extensive range of practice areas throughout the U.S. with their guides read by industry-leading companies, organizations, and law firms throughout the U.S. and worldwide.

To learn more, please click here.