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June 07, 2023 | New York Law Journal

Is FCPA Individual Enforcement at Odds With Government Rhetoric?

Although time will tell whether the government's recent FCPA enforcement record reflects the lingering impact of COVID on investigative efforts or a longer term trend, these recent patterns are worthy of note for white-collar practitioners and company counsel addressing potential FCPA issues.
10 minute read
May 18, 2023 | New York Law Journal

Privilege Analysis Following Dismissal of 'In re Grand Jury'

The attorney-client privilege protects confidential communications between attorneys and clients made in connection with the provision of legal advice. A recurring issue faced by litigants and courts is whether the attorney-client privilege applies to communications that involve legal and nonlegal advice that cannot be disentangled.
10 minute read
May 12, 2023 | New York Law Journal

The Right to Control Is Gone, but What Comes Next?

In this article, after describing the Ciminelli case, I will describe the alternative theory of wire fraud presented by the government but not addressed by the Supreme Court. I will then conclude with some thoughts about the application of this alternative theory of wire fraud and the contours of future litigation in this area.
10 minute read
May 05, 2023 | Litigation Daily

Another Fresh Batch of Litigator of the Week Runners-Up and Shout Outs

Runners-up include defense lawyers who secured a mid-trial ruling in Connecticut tossing out federal prosecutors' latest attempt to bring criminal antitrust charges related to alleged "no-poach" agreements.
8 minute read
May 02, 2023 | New York Law Journal

The Justice Department's Corporate Enforcement Policy: What's Really Changed?

In this article, authors Elkan Abramowitz and Jonathan S. Sack analyze a recent DPA and related remarks by Criminal Division leadership, which shed light on how prosecutors will deal with companies with aggravating factors, such as prior misconduct.
10 minute read
Law Journal Press | Digital Book New Jersey Tax Handbook 2024 Authors: Robert F. Connolly, MST, Susan K. Dromsky-Reed, Jeffrey D. Gordon, Tiffany Wagner Donio, Frances B. Stella, Alysse Mcloughlin, Kathleen Quinn View this Book

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April 17, 2023 | New York Law Journal

The EFAA Can Be a Powerful Tool to Avoid Arbitration

Following motions to compel arbitration, Judge Engelmayer held in Yost that the EFAA does not invalidate an arbitration agreement unless the plaintiff pleads a cognizable sexual harassment claim that is sufficient to survive a Rule 12(b)(6) motion to dismiss. Judge Engelmayer further held in Johnson that that if a plaintiff pleads a cognizable sexual harassment claim, the EFAA precludes arbitration of all claims in the case, not just the sexual harassment claim, writes contributors Edward M. Spiro and Christopher B. Harwood.
9 minute read
April 12, 2023 | New York Law Journal

New DOJ and SEC Compensation Clawback Policies—Easier Said Than Done?

These new programs represent a major broadening in the scope of clawback policies, but at least for publicly held companies, clawback mandates are not new. Since 2002, Section 304 of the Sarbanes-Oxley Act (SOX Section 304) has directed the SEC to enforce the clawback of any bonus, incentive-based pay, or stock sale profits received by a public company's CEO or CFO that has restated its financials.
12 minute read
April 10, 2023 | Pro Mid Market

Midsize Moves: Morvillo Abramowitz Hires Former Federal Prosecutor, McGlinchey Gains Financial Regs Partner

Morvillo Abramowitz Grand Iason & Anello, a white-collar criminal defense firm, hired ex-government attorney Thomas A. McKay as partner in New York; McGlinchey Stafford added regulatory compliance partner James Milano to its financial institutions compliance practice in Washington, D.C.
2 minute read
April 04, 2023 | New York Law Journal

What Recent Special Counsel Prosecutions Can Tell Us About False Statements Prosecutions

While Section 1001 may be a powerful tool of federal prosecutors, and can cause great harm to defendants, the results of given cases can vary greatly and are far from certain.
11 minute read
March 23, 2023 | New York Law Journal

NJ Man Pleads Guilty to Role in COVID-19 Fraud Scheme Involving $800 Million in PPP Loans

The case is assigned to U.S. District Judge Lewis Liman. The charge to which Martinez pled guilty carries a maximum penalty of five years in prison.
3 minute read

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