• October 9, 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.

    1 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.

    1 minute read

  • September 18, 2019 | New York Law Journal

    Confidentiality of Tax Returns, Congressional Authority and the President

    In his Tax Litigation Issues column, Jeremy H. Temkin writes: Internal Revenue Code §6103 sets out that tax returns and return information cannot be disclosed by federal employees or persons receiving such materials from federal employees. This straightforward provision is then modified by a maze of exceptions, several of which are the subject of litigation between Congressional Democrats seeking President Trump's tax returns and the President seeking to avoid such disclosure. The resulting court cases present a number of potentially novel issues about the confidentiality of, and Congressional authority to obtain, tax returns that should be resolved in the coming months.

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  • August 22, 2019 | New York Law Journal

    The Limits of Obtaining Discovery From U.S. Persons for Use in Foreign Proceedings

    Parties to pending or contemplated foreign proceedings potentially can use 28 U.S.C. §1782 to obtain broad discovery from U.S. persons for use in their foreign proceedings. Courts will deny §1782 discovery, however, if the petitioner fails to establish that it satisfies certain mandatory requirements found in the language of the statute. In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision by U.S. District Judge Jed S. Rakoff denying a petition seeking §1782 discovery for failure to satisfy the statutory requirements.

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  • August 22, 2019 | Legaltech News

    The Limits of Obtaining Discovery From U.S. Persons for Use in Foreign Proceedings

    In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision by U.S. District Judge Jed S. Rakoff denying a petition seeking §1782 discovery for failure to satisfy the statutory requirements.

    1 minute read

  • August 14, 2019 | New York Law Journal

    Epstein Saga Puts Spotlight on Crime Victim’s Rights Act

    In their White-Collar Crime column, Robert J. Anello and Richard F. Albert discuss how the significance of the Crime Victims’ Rights Act has been highlighted in the wake of the Jeffrey Epstein case.

    1 minute read

  • July 25, 2019 | Litigation Daily

    Slowdown in White-Collar Work Forces Law Firms, Ex-Prosecutors to Adapt

    The slowdowns in white-collar enforcement activity and litigation have coincided with diminished hiring demand from law firms, while some white-collar defense attorneys are shifting their practices to focus on other areas.

    1 minute read

  • July 25, 2019 | New York Law Journal

    White-Collar Slowdown Forces Law Firms, Ex-Prosecutors to Adapt

    The slowdowns in white-collar enforcement activity and litigation have coincided with diminished hiring demand from law firms, while some white-collar defense attorneys are shifting their practices to focus on other areas.

    1 minute read

  • July 17, 2019 | New York Law Journal

    Incriminating Expenses: Cannabis Legalization and the Fifth Amendment

    In his Tax Litigation Issues column, Jeremy Temkin discusses how the conflict between state laws legalizing the cannabis industry and federal tax law precluding participants in that industry from deducting business expenses disadvantages cannabis businesses from a federal tax perspective.

    1 minute read

  • July 9, 2019 | New York Law Journal

    Judicial Review of Claims of Government Misconduct in Parallel Investigations

    In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the basic limitations on federal prosecutors when they conduct criminal investigations at the same time as related civil enforcement investigations. They also analyze a recent decision that illustrates the importance of being sensitive to possible government overreach during parallel civil and criminal investigations, and of advancing constitutional arguments when appropriate to protect a defendant's rights.

    1 minute read

  • July 8, 2019 | New York Law Journal

    Lacewell Sees Consumer Protection as Top Concern as NY Financial Regulatory Agency Evolves

    Lacewell, speaking exclusively with the New York Law Journal, said she expects the agency's role as a national leader on consumer protection to grow while she's at the helm.

    1 minute read