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January 02, 2020 | New York Law Journal

A Bridge Too Far? Federalism and the 'Bridgegate' Prosecution

In its present term, the Supreme Court will hear an appeal arising from the controversy known as "Bridgegate". In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack describe the factual and legal background and discuss the arguments of the defense and the government in the Supreme Court, which touch directly on the proper reach of federal criminal law into the realm of local politics.
10 minute read
December 16, 2019 | New York Law Journal

Personal Jurisdiction Requirements in FLSA Collective Actions

The FLSA provides a mechanism for similarly-situated employees to join together and pursue a nationwide collective action against their employer. If the court adjudicating the action lacks general personal jurisdiction over the employer, however, there exists an unsettled issue: Does each employee have to establish that the court has specific personal jurisdiction over the employer with respect to that employee's FLSA claim? In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case addressing this open issue.
9 minute read
December 11, 2019 | New York Law Journal

Supreme Court Asked To Assess Per Se Rule in Criminal Antitrust

In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August asks the Supreme Court to address this tension, as embodied in the judge-made per se rule. White-Collar Crime columnists Robert J. Anello and Richard F. Albert discuss the issues and the case.
12 minute read
November 20, 2019 | New York Law Journal

Materiality and Admissibility of Evidence in Criminal Securities Fraud Cases

In their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss materiality in the context of RMBS trading. Their analysis of recent Second Circuit cases underscores the importance of determining how most effectively to counter government claims of materiality in securities fraud cases.
10 minute read
November 13, 2019 | New York Law Journal

John Doe Summonses: Procedural Hurdles With Limited Review

John Doe summonses provide the IRS with a powerful investigative device bounded by a set of requirements inapplicable to other IRS summonses. In this edition of his Tax Litigation Issues column, Jeremy H. Temkin discusses some recent developments that highlight the obstacles and procedural hurdles faced by recipients of John Doe summonses and IRS agents alike.
8 minute read
October 15, 2019 | New York Law Journal

Rising Stars

The New York Law Journal's Rising Star awards recognize the region's most promising lawyers under 40.
2 minute read
October 15, 2019 | New York Law Journal

Rising Star: Christopher Harwood

Partner, Morvillo Abramowitz Grand Iason & Anello
2 minute read
October 11, 2019 | New York Law Journal

Significant Liability May Await Those Who File SLAPP Suits

In recent years, numerous states have enacted laws to deter so-called "SLAPP" suits—i.e., strategic lawsuits against public participation. Although New York has enacted an anti-SLAPP law, its protections are weak as compared to the anti-SLAPP laws in other states. In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss 'National Jewish Democratic Council v. Adelson', in which Judge Oetken recently addressed—and rejected—several challenges to one of those expansive anti-SLAPP statutes, the Nevada statute.
9 minute read
October 09, 2019 | New York Law Journal

SEC's Reboot on Waiver Requests in Enforcement Settlements

In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss the change recently announced by SEC Chairman Jay Clayton regarding how the SEC will consider requests for waivers of certain serious collateral consequences that would otherwise result from settlement of an SEC enforcement action.
7 minute read
September 30, 2019 | New York Law Journal

Limiting the Reach of the Supreme Court's 'McDonnell' Decision

In their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack first describe the holding in 'McDonnell' and then go on to discuss recent Second Circuit decisions which declined to extend the reach of the "official act" requirement. These post-'McDonnell' cases suggest how fluid key aspects of anti-bribery law remain, and how likely it is that the law will be refined in the coming years.
10 minute read

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