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January 14, 2021 | New York Law Journal

When Does Company Counsel Also Represent a Company Founder?

In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack discuss the dispute over privilege in the case of Theranos founder Elizabeth Holmes, which demonstrates the importance of documenting the nature and scope of a client representation at the outset of an engagement and over time.
11 minute read
December 14, 2020 | New York Law Journal

Obtaining Discovery Relating to a Confidential Private Mediation

While courts generally cloak mediation with a fair degree of confidentiality, this protection is not absolute and courts have disagreed whether a party seeking discovery of materials relating to a confidential private mediation (as distinct from a court-sponsored mediation) must make a heightened showing of need. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case that addressed this issue.
9 minute read
December 09, 2020 | New York Law Journal

Days Seem Numbered for Circuit's Controversial Insider Trading Decision

Days before Thanksgiving, the United States Solicitor General's office responded to defendants' petitions for certiorari in 'Blaszczak'. The government agreed that the Supreme Court should vacate the Second Circuit's decision, and suggested a remand for further consideration in light of an intervening decision in 'Kelly v. United States'. The significant issues the certiorari petitions present in two critical areas of white-collar criminal doctrine are worthy of practitioners' attention and are addressed by White-Collar Crime columnists Robert J. Anello and Richard F. Albert.
13 minute read
November 18, 2020 | New York Law Journal

Anticipating Justice Amy Coney Barrett's Role in Tax Jurisprudence

In this edition of his Tax Litigation Issues column, Jeremy H. Temkin examines two civil tax decisions written by Justice Amy Coney Barrett during her tenure as a Circuit Court judge. Although these decisions do not foreshadow how Justice Barrett will address "hot button" issues that will come before the court in the years to come, they are noteworthy for the thoughtful approach taken to the issues presented.
8 minute read
November 09, 2020 | New York Law Journal

In Current Term, the Supreme Court Will Interpret Another White-Collar Criminal Statute

The meaning of "exceeds authorized access" in the Computer Fraud and Abuse Act will soon be taken up by the U.S. Supreme Court in 'United States v. Van Buren'. In their White-Collar Crime article, Elkan Abramowitz and Jonathan Sack describe the Circuit split and explore different methods used by appellate courts to interpret these operative words of the CFAA. The Supreme Court will have the opportunity once more to articulate its approach to interpreting white-collar criminal statutes.
10 minute read
October 23, 2020 | New York Law Journal

Timing Quirk Means That in January, US AG Barr May Directly Oversee SDNY Prosecutors' Office

The scenario, triggered by Audrey Strauss' appointment as acting Manhattan U.S. Attorney in June, would kick in Jan. 16, at the end of her 210-day temporary term under the Federal Vacancies Reform Act.
4 minute read
October 21, 2020 | New York Law Journal

Rising Stars 2020

The region's most promising lawyers under 40.
2 minute read
October 21, 2020 | New York Law Journal

Rising Star: Anne Cortina Perry

Partner, Jenner & Block
2 minute read
October 19, 2020 | New York Law Journal

Remote Depositions: The New Normal

Since the start of the COVID-19 pandemic, parties have had to adjust their approach to litigation—including by conducting remote depositions—to account for the new normal, writes Southern District Civil Practice Roundup columnists Edward M. Spiro and Christopher B. Harwood.
9 minute read
October 07, 2020 | New York Law Journal

Implications of a More Conservative Supreme Court for White-Collar Practitioners

In recent years, justices of the Supreme Court have tended to rule differently in white-collar crime cases than how their traditional labels of liberal or conservative would suggest in "blue-collar" crime cases, write White-Collar Crime columnists Robert J. Anello and Richard F. Albert.
9 minute read

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