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July 02, 2020 | Law.com

Labor of Law: NDAs Questioned | 401(k) & Private Equity | Fox News Correspondent Fired | Claims Revived Against Real Estate Company | Notable Moves & More

Welcome to Labor of Law, and welcome to July. The U.S. Supreme Court this today refused to disturb the Ninth Circuit's pay-equality ruling in Yovino v. Rizo. Plus: scroll down for views on NDAs, DOL's new 401(k) policy, and much more, including Who Got the Work and our roundup of all the major covid-19 headlines. Thanks for reading!
10 minute read
June 22, 2020 | New York Law Journal

'Berman Will Be Fine': Some Think Spat Might Help Ex-US Attorney's Career Prospects

Recruiting a former U.S. attorney for the Southern District of New York is an attractive prospect for a lot of law firms, even if that lawyer just had a high-profile fight with the attorney general, several observers said.
4 minute read
June 22, 2020 | Litigation Daily

'Berman Will Be Fine': Some Say Spat Might Actually Help Ex-US Attorney's Career Prospects

Recruiting a former U.S. attorney for the Southern District of New York is an attractive prospect for a lot of law firms, even if that lawyer just had a high-profile fight with the attorney general, several observers said.
4 minute read
June 20, 2020 | New York Law Journal

Geoffrey Berman Resigns as Manhattan US Attorney, Ending Standoff With William Barr

The announcement capped off a contentious 24-hour period in which Berman said he was not resigning, sparking a new crisis within the Justice Department.
6 minute read
June 15, 2020 | New York Law Journal

The Limits of Withholding Expert-Generated Materials

Southern District Magistrate Judge Gabriel W. Gorenstein rejected the 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. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss this case, Hernandez v. The Office of the Commissioner of Baseball.
7 minute read
June 10, 2020 | Litigation Daily

Bridgegate: Open Questions After SCOTUS Narrows Fraud Statutes

White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss the Supreme Court's recent reversal of the "Bridgegate"-related convictions and its implications, writing that the extent to which the principles articulated in that decision will have an impact on future federal fraud prosecutions is currently being tested in another high-profile case currently on appeal before the Second Circuit where the "right to control" theory is at issue.
11 minute read
June 10, 2020 | New York Law Journal

Bridgegate: Open Questions After Supreme Court Narrows Fraud Statutes

White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss the Supreme Court's recent reversal of the "Bridgegate"-related convictions and its implications, writing that the extent to which the principles articulated in that decision will have an impact on future federal fraud prosecutions is currently being tested in another high-profile case currently on appeal before the Second Circuit where the "right to control" theory is at issue.
11 minute read
May 27, 2020 | New York Law Journal

Limiting Victims' Rights: Eleventh Circuit Reads CVRA Narrowly

In their White Collar Crime column, Elkan Abramowitz and Jonathan Sack summarize the facts and district court proceedings, and possible impact of 'In re Wild', which held that federal prosecutors did not have an obligation under the Crime Victims' Rights Act (CVRA), to tell Jeffrey Epstein's victims of the decision not to prosecute Epstein for sex trafficking.
10 minute read
May 20, 2020 | New York Law Journal

Financial Considerations for Sentencing in Federal Tax Prosecutions

Last month, the Second Circuit decided 'United States v. Adams', which addressed not just the calculation of tax loss for purposes of the U.S. Sentencing Guidelines, but also the availability and extent of restitution orders and fines. In this edition of his Tax Litigation Issues column, Jeremy H. Temkin explores the case, which is an important reminder of the wide range of issues affecting criminal tax defendants at sentencing.
8 minute read

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