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December 13, 2021 | New York Law Journal

When the Disclosure of Privileged Communications Does Not Constitute a Waiver

In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision that addressed three notable exceptions to the third-party waiver rule.
7 minute read
December 08, 2021 | New York Law Journal

Signaling Tougher Tone, Biden Administration Steps Backward

The key policy changes announced thus far appear to be more symbolism than serious efforts at effective reform. Substantively, many will see these changes as a reversion to prior policies that did not work particularly well in practice and rightly were the subject of criticism.
12 minute read
November 17, 2021 | New York Law Journal

The Revenue Rule and International Tax Collection

In this edition of his Tax Litigation Issues column, Jeremy H. Temkin reviews the Revenue Rule and considers the apparent lack of enthusiasm for non-judicial Mutual Collection Assistance Requests designed to bypass the Rule, all pointing to the obstacles encountered by foreign governments pursuing tax revenues in the United States.
10 minute read
November 05, 2021 | New York Law Journal

DOJ's China Initiative's Three-Year Anniversary: Growing Pains and Uncertainty

After three years, it is clear that only a portion of the cases under the China Initiative actually involve charges of economic espionage or conspiracy to transmit information to the Chinese government.
8 minute read
November 03, 2021 | New York Law Journal

Who Is a Fugitive? The Second Circuit Interprets the Fugitive Disentitlement Doctrine

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack explore the Second Circuit's recent decision in 'United States v. Bescond', which held that the defendant, a French citizen charged with commodities fraud, was not a "fugitive."
10 minute read
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November 03, 2021 | Connecticut Law Tribune

Second Circuit Decision on Fugitive Disentitlement Allows French National to Litigate Dismissal From Home

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack explore the Second Circuit's recent decision in 'United States v. Bescond', which held that the defendant, a French citizen charged with commodities fraud, was not a "fugitive."
10 minute read
October 18, 2021 | New York Law Journal

Determining the Citizenship of Trusts for Diversity Jurisdiction

In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision in which Magistrate Judge Robert W. Lehrburger recently addressed whether a trust's citizenship depends on the citizenship of its trustee(s), its beneficial owner(s), or both.
9 minute read
October 13, 2021 | New York Law Journal

Recent Woes for Prosecutors in Cellphone Searches

Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches.
9 minute read
September 15, 2021 | New York Law Journal

Establishing a 'Cheek' Defense Through Expert Testimony

In 'Cheek v. United States,' the Supreme Court established the government's burden of proof to show that a defendant acted "willfully" in order to obtain a conviction on criminal tax charges. In this column Tax Litigation Issues, Jeremy H. Temkin analyzes recent circuit court decisions rejecting claims that defendants were improperly deprived of their ability to present a 'Cheek' defense through expert testimony.
9 minute read
September 09, 2021 | New York Law Journal

White-Collar Investigations and Disclosure During Corporate Transaction Due Diligence

In this edition of their White-Collar Crime column, Elkan Abramowitz and Jonathan S. Sack discuss 'Schaeffler' and 'Carnegie', which shed light on the scope of the common interest doctrine under federal law and, more specifically, within the Second Circuit.
11 minute read

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