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Lessons from the Insider Trading Prohibition Act After Its Likely Demise In the Senate - 08.04.2020

After a long and winding road, the House voted to pass insider trading reform on December 5, 2019 with 410 yeas against only 13 nays. But the bill quickly vanished in the Senate after it was referred to the Committee on Banking, Housing, and Urban Affairs. By all accounts, insider trading reform is likely a dead letter for the foreseeable future. In this article, we highlight the strengths and weaknesses of the ITPA and conclude that those involved in drafting the next insider trading bill would do well to keep the lessons of the failed ITPA in mind when a new chance for reform comes around.

Morvillo Abramowitz Partner Brian A. Jacobs Named to Benchmark Litigation’s Under 40 Hot List 2020 - 07.31.2020

NEW YORK, Friday, July 31, 2020 – Morvillo Abramowitz partner Brian A. Jacobs was named to Benchmark Litigation’s Under 40 Hot List 2020 for the fifth consecutive year. 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 Partner Brian A. Jacobs Named to Benchmark Litigation’s Under 40 Hot List 2020 - 07.31.2020

Morvillo Abramowitz partner Brian A. Jacobs was named to Benchmark Litigation’s Under 40 Hot List 2020 for the fifth consecutive year. 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.

Public and Private Honest Services Fraud: Are They Diverging? - 07.17.2020

Since the Supreme Court’s decision in McDonnell v. United States, 136 S. Ct. 2355 (2016), the “official act” has been a hotly contested issue in public corruption prosecutions. McDonnell has led defendants to argue that the “official act” requirement applies to other crimes – not simply honest services fraud and Hobbs Act violations – and to private, not just public, corruption. In this article, we discuss cases that have addressed this question, focusing on a recent decision from Chief Judge Colleen McMahon in the Southern District of New York.

Should a Client File an Amended Tax Return? - 07.16.2020

From time to time, tax professionals learn that a client previously filed a false return, either as a result of an innocent mistake or due to fraud. While a taxpayer is under is no legal obligation to correct a previously filed return, there are often good reasons to do so. In this article, we discuss factors to be considered in advising a client as to whether to amend a return, including the applicable standards of conduct and alternatives available when the initial return fraudulently underreported income or overstated deductions. We also highlight the care that must be taken in deciding whether the benefits of amending returns warrant the risk of making admissions that could color any subsequent criminal prosecution and conclude by noting that, because Form 1040-X requires a taxpayer to swear under penalties of perjury that the amended return is complete and accurate, a client cannot correct one error on the originally filed return without curing all such errors.

The Legal 500 United States 2020 Recommends Morvillo Abramowitz and Its Partners in Corporate Investigations & White-Collar Criminal Defense, Leading Trial Lawyers, and Securities Litigation - 07.10.2020

The Legal 500 United States 2020 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, Richard F. Albert, Robert J. Anello, Benjamin S. Fischer, Catherine M. Foti, Christopher B. Harwood, Lawrence Iason, Telemachus P. Kasulis, and Jodi Misher Peikin, within Corporate Investigations & White-Collar Criminal Defense; and Elkan Abramowitz, Robert J. Anello, 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 for both the Corporate Investigations & White-Collar Criminal Defense and Leading Trial Lawyers categories. The Hall of Fame “highlights individuals who have received constant praise by their clients for continued excellence."

Clients praise the firm and note, “they are the go-to firm in New York in white-collar cases and SEC enforcement actions and the team comprises smart, dedicated, hard-working lawyers.”

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.

Morvillo Abramowitz Partner Jonathan S. Sack Quoted in Bloomberg Law - 07.10.2020

On July 10, 2020, Morvillo Abramowitz partner Jonathan S. Sack was quoted in a Bloomberg Law article entitled, “Ghislaine Maxwell Hires Ex-Prosecutors to Help Avoid Prison.” The article discusses the federal charges against Ghislaine Maxwell in connection with her involvement in the Jeffrey Epstein scandal and her multi-lawyer legal team.

To read the article and review Jonathan's comments, please click here.

Morvillo Abramowitz Partner Jeremy H. Temkin Quoted in Bloomberg - 07.09.2020

On July 9, 2020, Morvillo Abramowitz partner Jeremy H. Temkin was quoted in a Bloomberg article entitled, “Trump Tax Returns Could Be ‘Treasure Trove’ for Prosecutors.” The article discusses an ongoing investigation by the Manhattan District Attorney’s Office and the recent U.S. Supreme Court ruling relating to President Trump’s tax returns.

To read the article and review Jeremy's comments, please click here.

Morvillo Abramowitz Promotes Brent M. Tunis to Counsel - 07.01.2020

NEW YORK, July 1, 2020 – Morvillo Abramowitz announces today that Brent M. Tunis has been promoted to counsel. Brent is a superb lawyer and advocate and the firm congratulates him on this well-deserved achievement.

 

Employment Agreements in the Time of COVID-19 - 06.30.2020

On Tuesday, June 30, 2020, partners Catherine M. Foti and Jonathan S. Sack and associate A. Dennis Dillon will participate in a New York State Judicial Institute program entitled, “Employment Agreements in the Time of COVID-19.”

 

DOJ’s Updated Guidance for Evaluating Corporate Compliance Programs - 06.30.2020

In early June, the Department of Justice Criminal Division released without fanfare updated guidance to be used by federal prosecutors in the evaluation of corporate compliance programs. The new guidance, “Evaluation of Corporate Compliance Programs” (“2020 Guidance”), which revised guidance issued in 2017 and 2019, retains much of the substance of the 2019 document, and according to Assistant Attorney General Brian Benczkowski, “reflects additions based on our own experience and important feedback from the business and compliance communities.” [...]

2020 Virtual Institute on White Collar Crime - 06.24.2020

On Wednesday, June 24, 2020, partner Jonathan S. Sack will moderate a panel entitled, “Compliance, Cooperation, and Monitorships: Current DOJ Policy” for the 2020 Virtual Institute on White Collar Crime. Panelists will discuss what a compliance program should include, how to make it effective in order to comply with the DOJ Manual and the requirements enunciated by DOJ, as well the ways in which such programs impact corporate cooperation, and reducing the need for a monitorship.

For more information about this program, please click here.

Have Friday Nights replaced Saturday for 'Massacres'? Trump's Stealthy Attempts to Undermine Justice - 06.23.2020

Some still remember waking to the news following one fateful evening – October 20, 1973, when then-President Richard Nixon, embroiled in the Watergate scandal, ordered the U.S. Attorney General Elliot Richardson to fire the special prosecutor appointed to investigate the events. Richardson refused and resigned in protest. Nixon then went to the Deputy Attorney General, William Ruckelshaus, who also refused and resigned. Nixon, having lost both of his Attorneys General, ordered the Solicitor General of the United States, Robert Bork, to fire the special prosecutor. After being sworn in as acting Attorney General, Bork did just that. This historic news, which broke the next day, quickly was dubbed the “Saturday Night Massacre” – and President Nixon’s popularity would never recover. Within a year, he would resign. [...]

Current Ethical Issues for In-House Counsel & Those Who Advise Them: Litigation Perspectives - 06.17.2020

On Wednesday, June 17, 2020, 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 live webcast 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. 

For more information about this program, please click here.

The Limits of Withholding Expert-Generated Materials - 06.16.2020

In this article, we discuss Southern District Magistrate Judge Gabriel W. Gorenstein’s recent decision in Hernandez v. The Office of the Commissioner of Baseball, in which he rejected plaintiff’s claim that a memorandum that his expert had prepared in advance of the expert’s deposition—on his own accord and absent any instruction from counsel—qualified for protection as a draft report or an expert-attorney communication. Although the 2010 amendments to Rule 26 have given counsel the ability to withhold many expert-generated materials, Judge Gorenstein’s decision demonstrates that courts will insist that the withheld materials in fact qualify as draft reports or expert-attorney communications.