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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.  

Judicial Review of Claims of Government Misconduct in Parallel Investigations - 07.10.2019

Parallel civil and criminal investigations are routine in white-collar matters, and courts have imposed limitations on how prosecutors may obtain the fruits of such civil investigations. In this article, we discuss a recent SDNY decision which required prosecutors to provide substantial additional information about interactions with civil investigators following a defense claim of possible prosecutorial misconduct. 

Morvillo Abramowitz Partner Jeremy H. Temkin Featured in Tax Pro Today - 06.25.2019

On June 25, 2019, Morvillo Abramowitz partner Jeremy H. Temkin was featured in Tax Pro Today in an article entitled, “IRS Faces Hiring Shortages Amid Workforce Attrition.” The article discusses the hiring shortages at the Internal Revenue Service and how officials are looking to hire more employees to handle tax enforcement, compliance and administration of the tax code.

To read more on this topic, please click here.

NYU 11th Annual Tax Controversy Forum - 06.21.2019

On Friday, June 21, 2019, partner Jeremy H. Temkin will moderate a panel entitled, “IRS Criminal Investigation Division Update” at the NYU School of Professional Studies 11th Annual Tax Controversy Forum. The Tax Controversy Forum brings together representatives from the government and expert private practitioners to compare perspectives on a variety of topics involving tax audits, appeals, and litigation. The event will take place in Manhattan at the Crowne Plaza Times Square.

For more information about this program, please click here.

Avoiding Inadvertent Disclosures of Privileged Information - 06.18.2019

Difficult privilege issues often arise in litigation, including evaluating whether a party has impliedly waived privilege through its litigation conduct, and the extent to which a party can use a privileged document that has been inadvertently produced. In this article, we discuss two recent cases, Barbini v. First Niagara Bank and In re Keurig Green Mountain Single Serve Coffee Antitrust Litigation, in which Southern District Judge Nelson Roman and Magistrate Judge Henry Pitman tackled these issues.

New York Law Journal Recognizes Morvillo Abramowitz Partner Christopher B. Harwood as a "Rising Star" - 06.18.2019

Morvillo Abramowitz partner Christopher B. Harwood has been chosen as a "Rising Star" by the New York Law Journal. This honor recognizes the region’s most promising lawyers 40 and younger. Chris was selected as one of only 31 attorneys and will be featured in the New York Law Journal's upcoming Professional Excellence magazine.

To review the list, please click here.

New York Law Journal Recognizes Morvillo Abramowitz Partner Christopher B. Harwood as a "Rising Star" - 06.18.2019

NEW YORK, June 18, 2019 – Morvillo Abramowitz partner Christopher B. Harwood has been chosen as a "Rising Star" by the New York Law Journal. This honor recognizes the region’s most promising lawyers 40 and younger. Chris was selected as one of only 31 attorneys and will be featured in the New York Law Journal's upcoming Professional Excellence magazine.

To review the list, please click here.

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. [...]

Morvillo Abramowitz Partners Recognized as Experts in Who’s Who Legal: Business Crime Defence and Investigations 2019 - 05.30.2019

NEW YORK, May 30, 2019 – Several Morvillo Abramowitz partners have been recognized as experts in Who’s Who Legal: Business Crime Defence 2019, including Elkan Abramowitz, Robert J. Anello, Lawrence Iason, Jodi Misher Peikin, and Jonathan S. Sack. The practitioners were selected for "their exceptional work handling a range of matters, including regulatory and internal investigations, fraud, corruption, bribery and mutual legal assistance."

Since 1996, Who's Who Legal has identified the foremost legal practitioners in business law based upon comprehensive, independent research.

Morvillo Abramowitz Partners Recognized as Experts in Who’s Who Legal: Business Crime Defence and Investigations 2019 - 05.30.2019

Several Morvillo Abramowitz partners have been recognized as experts in Who’s Who Legal: Business Crime Defence 2019, including Elkan Abramowitz, Robert J. Anello, Lawrence Iason, Jodi Misher Peikin, and Jonathan S. Sack. The practitioners were selected for "their exceptional work handling a range of matters, including regulatory and internal investigations, fraud, corruption, bribery and mutual legal assistance."

Since 1996, Who's Who Legal has identified the foremost legal practitioners in business law based upon comprehensive, independent research.

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.