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January 17, 2024 | New York Law Journal

Tax Return Confidentiality: Recent Developments

Over the past year, federal courts have issued decisions clarifying the extent to which §6103 shields tax returns and return information from disclosure in civil litigation, the extent to which the IRS is permitted to disclose confidential information during and in connection with investigations, and the application of a safe harbor shielding the government from liability for unauthorized disclosures.
10 minute read
January 11, 2024 | New York Law Journal

Second Circuit Analyzes Contours of Bribery in Bank Corruption Case

Bribes and kickbacks of public and private officials in the United States are still prosecuted under the mail/wire fraud statutes and the Hobbs Act, but departures from paradigmatic cases have become more vulnerable to challenge. The Second Circuit's recent affirmance in the case of a bank officer convicted of corruption is noteworthy when viewed against that backdrop.
11 minute read
December 18, 2023 | New York Law Journal

The TVPA Does Not Preempt State Indemnification and Contribution Claims

Although some courts have concluded that indemnification and contribution claims are available for claims arising under a federal statute only if the statute expressly or impliedly provides for them, other courts have addressed the issue by conducting a traditional preemption analysis. The Second Circuit has not addressed the issue, and district courts within the circuit have taken both approaches. District Judge Jed S. Rakoff of the Southern District of New York recently addressed this issue in the context of the Trafficking Victims Protection Act.
9 minute read
December 13, 2023 | New York Law Journal

Avoiding Conflicts With a Joint Defense Member Who Flips

A recent decision from the Southern District of Florida illustrates a benefit of utilizing a written joint defense agreement properly tailored to limit future conflicts, rather than relying on the oral agreements that are common among many practitioners.
12 minute read
December 11, 2023 | The American Lawyer

Seyfarth Gets 5 White-Collar Lawyers, Including Practice Co-Chair, From Dissolving Stroock

Richard Morvillo and his team joined Stroock from Orrick in 2021.
3 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

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November 22, 2023 | New York Law Journal

Second Circuit Limits the SEC's Disgorgement Power

In its recent decision in 'SEC v. Govil', the Second Circuit limited the SEC's power by construing "victims" to be limited to those who suffer pecuniary harm. This holding will likely prevent the SEC from obtaining disgorgement in numerous types of cases, such as those involving books and records or registration violations, and even insider trading.
7 minute read
November 15, 2023 | New York Law Journal

Is the 'Klein' Conspiracy Doctrine Doomed?

In his Tax Litigation Issues column, Jeremy H. Temkin discusses how a series of recent U.S. Supreme Court decisions has eroded Klein's jurisprudential foundation, suggesting it is not a matter of if, but when, the doctrine falls.
9 minute read
November 07, 2023 | New York Law Journal

White-Collar Criminal Enforcement and National Security

This article discusses the DOJ's national security enforcement initiatives and highlights cases that are representative of this new focus. It also touches on the M&A Safe Harbor Policy and how it complements and reinforces the DOJ's current voluntary disclosure policy.
10 minute read
October 16, 2023 | New York Law Journal

Striking Improper Use of Settlement Communication

This article focuses on 'My Mavens v. Grubhub' and discusses how courts are unlikely to allow parties to base their allegations in a pleading on information they learned during settlement discussions, even if the information could later be obtained through discovery.
8 minute read
October 11, 2023 | New York Law Journal

FIFA Reversal Signals Limits to DOJ's Role as World's Bribery Cop

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss how the latest decision out of the Eastern District of New York in the long-running FIFA saga has the potential to substantially curtail U.S. efforts to police foreign commercial bribery.
11 minute read

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